Public International Law
Lecture 4
The rights and obligations of the individual
- States are no longer the only subjects of law. During time other subjects, also
individuals. They have certain rights and obligations under PIL.
- Individuals have the capacity to invoke those rights on international level. They can be
held responsible before international courts and tribunals. This is a new development.
- Since 1945 in particular individuals are subjects of PIL.
- Is there any possibility for the family of Fatima?
This is subject of international human rights law.
- The people involved in the drone attack, do they have any obligations? Can they be held
responsible?
International criminal law
1. International human rights law
States enjoy sovereignty (start in 1648 Vrede van Westfalen): the highest power. Not
dependent on any other power in the legal order.
- Not unlimited.
States enjoy domestic jurisdiction: states have the rights following of the principle of
sovereignty to enforce/make/adjudicate rules. States determine within own territory
the rights and obligations of everyone within that territory.
- Not absolute.
- Both limited under CIL.
- After WOII it became obvious that the treatment of individuals could not be left to
domestic jurisdiction of each state.
- The rights of individuals could not be left to the states. WOII showed that it could not
be left to states to protect the rights of individuals.
- Art. 1(3), 55, 56 UN Charter: protection of human rights became one of the main goals
of the newly established UN. It becomes an international concern.
The role of the United Nations
- UN has played fundamental role in the development of human rights.
- Begins in 1948: adoption Universal Declaration of Human Rights.
- This is the first codification of international human rights at an international level.
- The declaration is a mixture of rights.
- Adopted by the General Assembly. Resolutions of GA are not binding. Though, it has
institutional powers to bind the states, but not binding. However, the substance of the
declaration qualifies of a reflection of CIL. It reflects unwritten law; custom. This means
formally the declaration is not binding, but substantively the content of the norms binds
every state in the world as a matter of custom. They reflect CIL.
- The declaration became a stepping-stone for the members of the UN to draft two
declarations.
- In 1966 two major conventions:
1. International covenant on political and civil rights
2. International covenant economic, cultural and social rights
- They weren’t able to make 1 treaty because of the differences of the states, so they
divided into two.
- This led to more specific treaties and conventions. More treaties related to these rights.
, - UN also played a role in the implementation of human rights law.
- The GA has the power, of basis on art. 10/11/12, to discuss all matters that it finds
important, including protection of human rights.
- GA also established an institutional mechanism to make sure that states implement the
rights
The Human Rights Council
- In 2006 established the Human Rights Council. This is a political organ, subsidiary body
to the GA, consisting of 47 member states.
- The Council advises the UN and member states on how to implement the obligations,
and to develop human rights norms.
- The Council audits the member states; investigate the member states on means of a
periodic review. Every member of the UN (193 states) must appear before the Council
every 4 years, submitting reports about their implementation of every human right.
- The Council reads these reports, studies these reports, and asks questions, read parallel
reports of NGO. Ultimately provides recommendations to the states.
- The next time the state has to show what it has done to implement the
recommendations made the previous time.
- The idea is that by means of transparency, states are forced to do as much as they can
to protect the rights of individuals on their territory.
- Political mechanism: so no decision made.
- The Council also has the power to investigate particular situations. It can set up certain
missions and working groups. These working groups can have particular subject.
Additional organizations
- In addition regional organizations have played a fundamental role in the development
of human rights.
- In Europe for example the Council of Europe, in 1949, consists of 47 member states.
- Independent organization.
- It was instrumental in the conclusion of the European Convention on Human Rights.
- It has 47 state parties. All the member states of the Council of Europe.
- The Convention has an enormous impact on the development of the law of each of the
state parties of this convention.
- Almost every law in NL is changed because of this. In particular Dutch criminal law,
criminal procedure law, labor law, but also civil law.
Scope of human rights treaties
- All these states have consented to be bound to these treaties. What is the scope of these
human rights treaties?
a. Material scope: determined by the substance of the rights that have been laid
down.
- The subject matter of the treaty.
- Over the last 7 years many treaties have been concluded on IHR.
- It will be likely that rights have been laid down in more than one convention. This
means that if someone will invoke provisions under these treaties that will invoke
multiple provisions. Which rules have to prevail?
- The courts need to interpret relevant provisions. Interpret by reference of the rules of
treaty interpretation. Codified in art. 31 and 31 of VCLT.
- Primarily rules are laid down in art. 31 VCLT rely on a grammatical and teleology
interpretation.
Lecture 4
The rights and obligations of the individual
- States are no longer the only subjects of law. During time other subjects, also
individuals. They have certain rights and obligations under PIL.
- Individuals have the capacity to invoke those rights on international level. They can be
held responsible before international courts and tribunals. This is a new development.
- Since 1945 in particular individuals are subjects of PIL.
- Is there any possibility for the family of Fatima?
This is subject of international human rights law.
- The people involved in the drone attack, do they have any obligations? Can they be held
responsible?
International criminal law
1. International human rights law
States enjoy sovereignty (start in 1648 Vrede van Westfalen): the highest power. Not
dependent on any other power in the legal order.
- Not unlimited.
States enjoy domestic jurisdiction: states have the rights following of the principle of
sovereignty to enforce/make/adjudicate rules. States determine within own territory
the rights and obligations of everyone within that territory.
- Not absolute.
- Both limited under CIL.
- After WOII it became obvious that the treatment of individuals could not be left to
domestic jurisdiction of each state.
- The rights of individuals could not be left to the states. WOII showed that it could not
be left to states to protect the rights of individuals.
- Art. 1(3), 55, 56 UN Charter: protection of human rights became one of the main goals
of the newly established UN. It becomes an international concern.
The role of the United Nations
- UN has played fundamental role in the development of human rights.
- Begins in 1948: adoption Universal Declaration of Human Rights.
- This is the first codification of international human rights at an international level.
- The declaration is a mixture of rights.
- Adopted by the General Assembly. Resolutions of GA are not binding. Though, it has
institutional powers to bind the states, but not binding. However, the substance of the
declaration qualifies of a reflection of CIL. It reflects unwritten law; custom. This means
formally the declaration is not binding, but substantively the content of the norms binds
every state in the world as a matter of custom. They reflect CIL.
- The declaration became a stepping-stone for the members of the UN to draft two
declarations.
- In 1966 two major conventions:
1. International covenant on political and civil rights
2. International covenant economic, cultural and social rights
- They weren’t able to make 1 treaty because of the differences of the states, so they
divided into two.
- This led to more specific treaties and conventions. More treaties related to these rights.
, - UN also played a role in the implementation of human rights law.
- The GA has the power, of basis on art. 10/11/12, to discuss all matters that it finds
important, including protection of human rights.
- GA also established an institutional mechanism to make sure that states implement the
rights
The Human Rights Council
- In 2006 established the Human Rights Council. This is a political organ, subsidiary body
to the GA, consisting of 47 member states.
- The Council advises the UN and member states on how to implement the obligations,
and to develop human rights norms.
- The Council audits the member states; investigate the member states on means of a
periodic review. Every member of the UN (193 states) must appear before the Council
every 4 years, submitting reports about their implementation of every human right.
- The Council reads these reports, studies these reports, and asks questions, read parallel
reports of NGO. Ultimately provides recommendations to the states.
- The next time the state has to show what it has done to implement the
recommendations made the previous time.
- The idea is that by means of transparency, states are forced to do as much as they can
to protect the rights of individuals on their territory.
- Political mechanism: so no decision made.
- The Council also has the power to investigate particular situations. It can set up certain
missions and working groups. These working groups can have particular subject.
Additional organizations
- In addition regional organizations have played a fundamental role in the development
of human rights.
- In Europe for example the Council of Europe, in 1949, consists of 47 member states.
- Independent organization.
- It was instrumental in the conclusion of the European Convention on Human Rights.
- It has 47 state parties. All the member states of the Council of Europe.
- The Convention has an enormous impact on the development of the law of each of the
state parties of this convention.
- Almost every law in NL is changed because of this. In particular Dutch criminal law,
criminal procedure law, labor law, but also civil law.
Scope of human rights treaties
- All these states have consented to be bound to these treaties. What is the scope of these
human rights treaties?
a. Material scope: determined by the substance of the rights that have been laid
down.
- The subject matter of the treaty.
- Over the last 7 years many treaties have been concluded on IHR.
- It will be likely that rights have been laid down in more than one convention. This
means that if someone will invoke provisions under these treaties that will invoke
multiple provisions. Which rules have to prevail?
- The courts need to interpret relevant provisions. Interpret by reference of the rules of
treaty interpretation. Codified in art. 31 and 31 of VCLT.
- Primarily rules are laid down in art. 31 VCLT rely on a grammatical and teleology
interpretation.
