International Normative Framework

ProCapProtection Stand-By Training

 

Legal Architecture

Guiding Principles on Internal Displacement

InternationalHuman Rights

Law

InternationalHumanitarian

Law(Armed Conflict)

InternationalRefugee

Law

National Law

Human Rights LawFounded on respect and dignity of the individualUniversal, inherent, inalienable

Key documentsUniversal Declaration of Human Rights (UDHR)International Covenant on Economic, Social, and Cultural RightsInternational Covenant on Civil and Political Rights (ICCPR)Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)Convention on the Rights of the Child (CRC)Convention against Torture, Cruel, Inhuman and Degrading Treatment or Punishment (CAT)Convention on the Elimination of all forms of Racial Discrimination

Human Rights Law obliges States to:

Respect Not violate rights itself

Protect Not allow others to violate rights

Fulfil Take action to ensure rights are

enjoyed

Enforcement – Human Rights Law

National Systems

Human rights courts, commissions dealing with individual cases

Human rights committee, other treaty bodies, special procedures dealing with states

“Political” enforcement…

International Humanitarian Law (IHL)

Applicable in armed conflict. Protects those who are not or no longer taking part in hostilities. Restrictions on the means of warfare (weapons) and the methods of warfare (tactics)Binding on states and organized armed groups.

Key DocumentsGeneva Conventions of 1949 and Additional Protocols 1977.

International Humanitarian Law (IHL)

Distinction: All parties must distinguish at all times

between civilian and military targets Only military targets may be attacked Indiscriminate attacks are prohibited

Proportionality: Civilian loss must not be disproportionate to

the definite military advantage gained

IHL: Common Article III

Considered a “treaty in miniature”In case of armed conflict not of an international character occurring on the territory of one of the high contracting parties, each party to the conflict shall be bound to apply, at a minimum, the following provisions…

Protection of those taking no active part in hostilities

Prohibition of violence, murder, hostage-taking, degradation, extra-judicial punishment of civilians or those hors de combat

Care of prisoners and wounded

Enforcement – IHL

National systems

International Courts (ICC, ICTY,ICTR SCSL etc.) trying individuals

“Political” enforcement…

Other instrumentsILO Convention 182 on Elimination of Worst Forms of Child Labor Rome Statute of the International Criminal Court Regional instruments

African Charter, European Convention, American Convention, etc.

Security Council resolutions 1820 (Sexual violence) 1612 (Reporting of grave violations against children) 1325 (Special measure in protection of women, girls)

National legislation

IHL and Human Rights Law

HUMANRIGHTS

• Freedom of Expression

•Freedom of Assembly

•Economic, Social, and Cultural Rights

COMPLEMENTARYPROVISIONS

•Right to Life

•Prohibition against Torture

• Prohibition against Ill-treatment

•Family unity

• Fair Trial

IHL

• Protection of wounded, sick and

shipwrecked

•Protection of POWs and civilian internees

•Conduct of Hostilities

Common Goal : Protection of the individual

Refugee LawSpecific protection regime for:

Someone who, as a result of “a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country.”

Refugee Law

Right to seek and enjoy asylumPrinciple of non-refoulementNon-discrimination – treated at least as well as any other resident foreigner.Freedom of movement, limited right to work. Obligation not to engage in activities that pose a threat to national security or public order.

Key DocumentsRefugee Convention of 1951OAU Convention of 1969, Cartagena Declaration of 1984

What is an IDP?Internally displaced persons are: “persons or groups of persons who have been

forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid

the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally

recognised State border."

Guiding Principleson Internal Displacement

Identify rights of IDPsConsistent with & derived from IHL, HRRestates relevant norms for IDPsDelineates rights and guarantees as relate to different phases of displacementNot a treaty

Guiding PrinciplesGeneral principles Non-discrimination Reference to IHL, HR, and domestic law Reiterates responsibility of State Affirms right of IDPs to request/receive protection

and assistance, in analogy to refugee law

Protection from displacement Prohibits arbitrary displacement Minimize adverse effects, assure proper

conditions

Guiding PrinciplesProtection during displacement Physical security Movement-related rights Family unit and community Economic, social, cultural rights

Humanitarian assistance State responsibility Humanitarian access and transport of supplies

Return, reintegration, resettlement Voluntary, in safety and dignity Monitoring and humanitarian access

1) Every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention

Derived from:UDHR articles 3 and 9CCPR article 9 (1)

General

How are the principles derived?Example, Principle 12

Principle 121) Every human being has the right to liberty and security of

person. No one shall be subjected to arbitrary arrest or detention

2) To give effect to this right for internally displaced persons, they shall not be interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances.

3) Internally displaced persons shall be protected from discriminatory arrest and detention as a result of their displacement.

4) In no case shall internally displaced persons be taken hostage.

General

ApplicableTo IDPs

ApplicableTo IDPs

Applicableto IDPs

Enforcement summaryNational processes police, prosecutions, legislation, transitional

justice mechanisms, truth commissions, etc.

UN Human Rights System Human Rights Council, Treaty bodies,

Special Rapporteurs, UN monitoring, Security Council

International courts Regional courts, special tribunals, ICC

Universal Jurisdiction for war crimes

Political enforcementNational civil society pressureBi-lateral pressure and sanctionsInternational political and moral pressureThe “reputation” of a country can affect: Access to trade and credit Willingness of other countries to deal with

them

The reputation of an individual can cause: Asset freezes/Travel bans “Disowning” internally, access to promotion

etc.

Exercise Step one: read the case study Step two: Identify the applicable bodies of law for Lutania and this situation.Identify the violations contained in the case study, in particular referring to the Guiding Principles.

Step three:Choose one abuse or one right that is being violated. What responses or enforcement steps are possible to protect this right, enforce the law, or punish the violator? What steps could you as UN protection officers take to implement, support or contribute to this response?