Human Rights And Humanitarian Intervention

Submitted By sherene0474
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Human Rights and Humanitarian Intervention:

An international regime = set of principles, norms, rules and decision-making procedures that states and other international actors accept as authoritative in an issue- area.

The Charter of the United Nations, signed in San Francisco on 26 June 1945, promoted respect for human rights as one of the principal objectives. It also created a commission on Human Rights.

The commission was drafting the ‘Universal Declaration of Human Rights’ – list of internationally recognised human rights.

Civil and political rights – provide legal protection against abuse by the state and seek to ensure political participation for all citizens.

Economic, social and cultural rights – guarantee individuals access to essential goods and services and seek to ensure equal social and cultural participation. E.g. rights to food, housing, health care, etc.

Nature of these rights:
Humans being are endowed with individual rights & protections because they are human

Three Dominant rights:
Inherent – birthright of all (not given by state)
Inalienable – cannot be given up or taken away – non-exchangeable
Universal – apply to all people regardless of nationality, status, gender, religion or race – EVERYONE entitled to rights = controversial

You can find these rights in the:
UN Universal Declaration of Human Rights – 1948 (second world war was the influence) – Rights of women and children are greater listed than men.
International Covenant on Civil and Political Rights – 1966
International Covenant on Economic, Social and Cultural Rights – 1966
International Labour organisation
International Court of Justice
International Criminal Court

Problems & challenges:
Compliance & enforcement – rights were created without an equivalent mechanism
Cultural objections – communal rights, Asian values
Religious objections – role of women in society
Economic Objections – child labour = has implications when applied in reality
Claim of Western authorship
Procedural v substantive freedoms & rights = processed rights, no real contradiction

Humanitarian Intervention – designed to uphold these rights

Military Intervention: use of force

Non-Military Intervention: provision of aid

Non- Intervention:
The norm in international politics
States claim monopoly control over their internal affairs
Sovereignty rights protected in UN charter
UN Security Council interprets “threats to international peace and security” = ethical and legal duty

Humanitarian Intervention Examples: (1970s – current period)
1994: UN in Cambodia
1999: UN in East Timor
2011: Libya
1971: India in Bangladesh

Challenges & Problems:
Using force to stop violence – replacing one tyranny, with a tyranny of another kind
How many people need to be