Lecture 10: International Human Rights Law, Humanitarian Law and Criminal Law Flashcards
(27 cards)
What is the main purpose of the concept of human rights?
To protect individuals from the unlawful and arbitrary use of state power.
Why do international treaties on human rights challenge the principle of non-intervention?
Because the increase in treaties makes it harder for states to claim that human rights issues are solely domestic matters (see UN Charter Art. 2 para 1 and 7).
Which major UN human rights covenants were adopted in 1966?
International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Covenant on Civil and Political Rights (ICCPR)
Optional Protocol to the ICCPR
What kind of rights does the ICCPR guarantee?
Civil and political rights (first-generation human rights).
Is the ICCPR directly applicable in Switzerland?
Yes.
What enforcement mechanisms does the ICCPR have?
State reports (Art. 40)
Voluntary inter-state applications (Art. 41)
Individual complaints under the Optional Protocol (not ratified by Switzerland)
What kind of rights does the ICESCR guarantee?
Economic, social, and cultural rights (second-generation human rights).
Is the ICESCR directly applicable in Switzerland?
No.
What enforcement mechanisms exist for the ICESCR?
State reports (Art. 16)
Optional Protocol (not ratified by Switzerland)
Name three other key human rights treaties Switzerland has joined.
Elimination of Racial Discrimination (1965)
Convention Against Torture (1984)
Rights of the Child (1989)
What makes the ECHR control mechanism effective?
It allows applications by states (Art. 33) and individuals (Art. 34).
What are the main admissibility criteria for ECtHR applications?
Exhaustion of domestic remedies
Filed within 6 months
Applicant identifiable
No parallel case
Ratione temporis, loci, personae, materiae compatibility
Not manifestly ill-founded
No abuse of petition
Significant disadvantage unless human rights require adjudication
What is the primary purpose of IHL (ius in bello)?
To solve humanitarian problems in armed conflicts.
Does IHL apply to civil wars?
Yes, through Common Art. 3 of the Geneva Conventions.
Name three key sources of IHL.
Geneva Conventions (I–IV)
Additional Protocols I & II
Customary international law
What is the principle of proportionality?
Force must not be excessive relative to anticipated military advantage.
What is the principle of distinction?
Distinguish between civilians and combatants; only combatants may be targeted.
What is prohibited by the principle against superfluous injury?
Weapons causing unnecessary suffering or losses.
What defines a neutral state under the Hague Conventions?
A state that refrains from participation in conflicts and prohibits use of its territory for military purposes.
What is the difference between law and policy of neutrality?
Law: Legal rights and duties (Hague 1907, customary law)
Policy: Self-declared state behavior to ensure credibility of neutrality
What is the purpose of international criminal law?
To establish individual responsibility for crimes violating core international values.
What treaty established the ICC?
Rome Statute (1998), in force since 1 July 2002.
What is the jurisdiction scope of the ICC?
States parties or ad hoc accepting states
Crimes: genocide, crimes against humanity, war crimes, aggression
Complementary to national jurisdiction
What defines genocide under Art. 6 Rome Statute?
Intent to destroy a national, ethnic, racial, or religious group in whole or part.
