Mass human rights violations - Essay Example

? Topic: International law does not offer any effective remedy where the government of a chooses to commit mass human rights violations within its own borders. Do you agree? I. Introduction The concept of human rights and its application has seen tremendous expansion at the end of the 20th century1. The Universal Declaration of Human rights is an existing phenomenon in the global forefront for almost 50 years2. Majority of the people in almost all the countries in the world conceive that human rights are associated with the attributes of optimal protection and respect. Thinking in a most elementary dimension, human right can be regarded as the right of each individual for staying in the surroundings where he or she finds every opportunity in developing, living, working, relaxing, finding out various things for themselves and also be with other people, marry people of any ethnicities, rear their children and so on3. International laws have been formulated as well as implemented on an all round and global basis so that the human rights do not get violated 4and that all the individuals are treated on an unbiased yardstick of judgment in accordance with the international law of human rights made by the International Courts. Despite that, it has been found that even after formulation of the human rights convention there has been a wide scale violation of human rights in an around many nations of the world5. It has also been argued that individual state policies of human right violation in various countries overshadow the application of international law and thus the weaknesses of international law in providing fruitful remedies is questioned to quite a robust extent6. In this paper, the discussion will be centered on the explanation of human rights laws provided by the international courts and they will be discussed in accordance with the case studies from different countries and the analysis will be directed towards the notion that whether the international law offer effective remedy in areas where the government of a state chooses in committing mass human rights violation within their own borders. Now, the subsequent section will discuss the notion of human rights and provision of human rights within the international legal dimension. II. Human Rights 1. Basic facts In a nutshell, the definition of human rights can be stated as “the rights of human beings to live according to their nature and with other human beings”7. In the second half of the twentieth century various international standards were formulated and they became accepted on a wide basis over various nations of the world. 2. Human rights in international law During 1993, the United Nations World conference confirmed their commitment in association with established norms of human rights8. There have been various initiatives undertaken at international, regional as well as national levels for the protection of human rights. Individuals possess the rights to bring various human rights complaints before the regional courts for addressing their issues. The victims may have their cases heard before international governmental organizations but the national courts are in the current scenario are applying regional as well as international human rights standards. But unfortunately, it can be stated that practices of the states throughout the second half of the 20th century have shown many several evidences of violation of human rights on a wide scale basis. The violations which have occurred has taken a massive scale and they have been brutal in nature with infringement on “the right of life, physical and mental integrity and individual freedom” 9 In 1967, the United Nations classified the violations as gross human right violations of human rights. The phenomenon of gross violation of human rights is not a recent phenomenon. Since the period of 1945, estimations state that more people have perished as a consequence of gross human violation. Empirical evidences also reveal that the phenomenon of gross human right violation takes place around various states in the world. The Amnesty International report stated that in 1993, acts of torture took place in and around 112 states, disappearances of 80 in around 27 states and that of extrajudicial executions in and around 61 states10. The cases of gross human rights violation are also rampant today in various countries11. The acts of human right violations are perpetrated through by the government of the states as well as by the actors supported by the government of those nations12. However, first of all the remedies provided by the international law against human rights violation can be mentioned in a brief manner after which the study will move into the analysis of the case studies. III. Remedies by the International law against human rights violation Before moving to the remedies provided by the international law against human rights violation, first of all some relevant questions that arise creating confusion needs to be mentioned in a short decisive paragraph. First of all provision of the kinds of rights that is to be described as human rights for the attraction of greater protection as well as respect needs to be chalked out. The major division is between the ‘civil and political rights’ as well as that of ‘social, cultural and economic rights’13. In a general term it can be stated that western liberal democracies rely on the civil and political rights while the developing countries put greater emphasis on the social and economic rights14. Next the question arises regarding the particular rights like the right to privacy, the right to healthy environment, the extent to which genetic experimentation is permissible or infringes human rights and so on. These questions fall within the contemporary questions in our times. Other questions may arise which states that if there is limited resources, then which of the rights have the priority or in case if there is conflict between one another, then what is the way in which that can be resolved. Other questions like best practices of the human right through institutions like a design of system of government or through courts or of the role which the international community plays in protection of human rights. The relationship between democracy and the human rights also needs to be addressed along with the particular ways in which the interests of the individuals or of the minority group can be balanced against the needs of a community as a whole. The crux of self determination and the way in which that can be achieved without breaking up the state are also required to be known15. Thus these questions framed are essential in the sense that while analyzing the case studies of the countries the effectiveness of remedies provided by the international law in these case studies can be judged in a proper manner. 1. Human rights protection by peaceful, political-diplomatic remedies and International Courts General Assembly Resolution 60/147 of 16 December 2005 has adopted the basic principles16 as well as guidance on the Right to a Remedy and Reparation for victims of gross violations of international human rights law of international humanitarian law. The general assembly also recommend that the state incorporate the basic principles and guidelines into account for bringing the attention of the members of the executive bodies of government, law enforcement officials, military and security forces, the media as well as the public in general17. The general assembly also requested the Security-general in taking steps for ensuring the maximum possible dissemination of the basic principles and guidelines in all of the official languages of the United Nations with the process of transmitting them to various intergovernmental as well as non-governmental organizations with the application of basic principles and guidelines. Under the purview the states are required in the ensuring whether their domestic law is at par with the international legal obligations through incorporation of norms of the international law within the domestic law. The states must also adopt appropriate as well as effective legislative and administrative procedures for the provision of fair, effective as well as prompt access to justice. They are also required to ensure that their domestic law provides at least same level of protection for the victims required by the international obligations. The scope of the international humanitarian law lies in taking various appropriate legislative as well as administrative and other appropriate measures in preventing violations, investigating the violations in an effective manner and wherever appropriate will be able to take action against those which are allegedly responsible in accordance with the domestic as well as international law. In areas of gross violation of the human rights law as well as serious violations of international humanitarian law comprising crimes in the worldwide law, the state possesses the responsibility to examine and in case if there is enough proof, it is the duty of the state to present to the trial, the alleged person accountable for human right infringement and if the person is found to be guilty then they also possess the responsibility to punish the entity. In agreement with the international law, the states should also lend a hand to one another as well as assist international judicial organs in the investigation as well as trials for these violations. In an applicable treaty or that of under other international law obligations, the states shall also incorporate or otherwise implement within their domestic law, the necessary provisions for universal jurisdiction. The states should also facilitate surrender of offenders to other states as well as suitable global judicial entities with provision of judicial assistance as well as different forms of collaboration in the hunt of international justice. This also include assistance to and protection of victims as well as witnesses consistent with international human rights legal standards as well as subject to the international legal requirements like those which are related to the prohibition of torture as well as eliminating other forms of torture like cruel, inhuman as well as degrading treatment or punishment18 The International Court of justice (ICJ) possesses the jurisdiction of establishing the nature as well as the extent of the reparations that is to be made in case of breach of an international obligation19. The most important international document which deals with reparations is the International Law Commission’s Articles on State Responsibility (ILC Articles) that focuses on a state-to-state responsibility. The ILC Article generally lists reparation as restitution, compensation, satisfaction or of combination of them. The Basic resolution lists compensation, satisfaction as well as guarantees for non repetition. The ICJ settles various interstate disputes with reparations being made from the violating state to that of the harmed state20. Human Rights protection by violent remedies: Humanitarian Intervention The basis of the concept of humanitarianism is the act of providing “impartial, independent, and neutral provision of relief to those in immediate danger of harm”21. The question of violation of human rights has surfaced repeatedly and many advocates of human rights consider “the granting of immunity to a state”22 as unjust. The ethics of humanitarian intervention is debated on the ground that it violates the sovereignty of a state. However, all infringements are not unjust. The conditions that lead the United Nations to humanitarian intervention should be considered in this debate. Yet the problem lies in the way in which the government can give a moral justification to its citizens about humanitarian intervention. This is a question of inward justification. The other question relates to the issue of external legitimacy, which concerns the justification to be provided to the external community of states23. Legitimacy can be conferred by states outside the Security Council also24. A conscious effort made on the part of all countries to make actions in accordance to the “natural duty of justice”25 will lead to the creation of international legal institutions. The duties would be determined and assigned to the states in such a way that all the citizens would have access to the rights-protecting institutions. Once the peaceful methods fail to achieve the desired outcome, the Security Council of the UN would make enforcements on the states which would include “demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.”26 IV. Critical Discussion about Powers, Politics and Remedies in International Law in Context with Human Rights It needs to be discussed in a critical manner regarding the power, politics as well as the remedies in International law with context of human rights. This will help us in assessing the effectiveness of the remedies provided by international law against human rights violation. As discussed earlier countries like China, Syria, Zimbabwe and Russia will be considered as case studies. 1. Deliberate human right violations in China In China, with the rapid changes in socio economic dimension with intensification of modernization, the country still continues to be authoritarian one part state imposing strict restriction on fundamental variable like freedom of expression, association, religion as well as the full-fledged rejection of judicial the independence as well as freedom of press. The country also with the help of extra judicial measures restricts as well as suppresses defenders and organization of human rights. The Chinese government stands in the way of censoring the internet with maintenance of rigid repressive policies in areas of ethnic minorities such as Tibet, Xinjiang, and Inner Mongolia and so on. The abuses of power are exercised in the name of social stability and it also rejects domestic as well as international scrutiny of the records of human rights with attempts in destabilizing as well as imposing values of the western countries in China. The security apparatus antagonist to liberalization as well as legal reform is seen as a steadily increasing phenomenon since the Beijing Olympics in Beijing 2007. The expenses incurred for social stability maintenance are larger than budget of the defense in the country. The Chinese government in the year 2011 still continued in violating the domestic as well as the international legal guarantees of freedom of press as well as expression by restricting a large number of bloggers, journalist as well as an estimated of more than 500 million internet users. The government of China requires the search firms as well as the state media in censoring issues that are deemed to be officially sensitive with banning of sites like Facebook, Twitter as well as You tube. But despite restricting these foreign social media sites, there has been a development of Chinese online social networks like Sina Weibo which has currently 200 million users which has created a new platform for the Chinese citizens in expressing opinions as well as challenge various official limitations which have been imposed on the freedom of speech despite a rigorous scrutiny by the censor board of China. Within the intellectual forefront, the Chinese government has imposed a large scale arrest of the intellectual peoples. Imprisoned Nobel Laurete Xiabo and his families faced strong injustice. Liu Xia who is the wife of Xiabo has been missing since December 2010 and finally when she came in public depicted in an online exchange that she as well as her family was living like hostages and that she felt very miserable. She was permitted to meet his husband once in a month but with prior agreement from the authorities of the prison. A blind legal activist, Chen Guangcheng after being released from the prison was kept in the house arrest in the year 2011. When Chen publicly released the footage documenting his family’s house arrest he was assaulted by the security personnel. There also lies grave concerns regarding the fate of the lawyer Gao Zhisheng, who was being disappeared by the government authorities in September 2009 and was surfaced in March 2010 with the detailing of sever as well as continuous torture against him before he again went missing in the month of April in the same year. In the religious forefront also the government of China curbs the practices to officially approved temples, monasteries, churches as well as mosques without a constitutional guarantee on the freedom of religion. One of the shocking incidents of human rights violation was regarding the refusal of treatment of a HIV patient in Guangdong province. The victim was female and she was burnt and due to her status he was devoid of treatment in the medical setting of the province. On the month of September 2011, a HIV positive school teacher was denied of recruitment after knowing her status against which filed a lawsuit27. Thus it can be stated that instances of human right violations is quite significant in the country of China and the international law and courts are being unable to maintain stability in the country with the curbing of human rights violation. 2. Reluctance from the international forefront- Syria Syria is a repressive police dominated state under effect of an emergency law since the year 1963 has not been yet proved to be immune even in the present situation to the pro-democracy Arab Spring movements. There were various protests in the southern governorate of Daraa in mid march of 2011 and the security forces killed brutally at least 3500 protestors along with arbitrary detention, inhuman torture of children under age of 18 years. The security forces also launched large scale military operation in the restive towns all over the nation. The government of Syria also enacted a few number of reforms in a rather unsuccessful manner for neutralizing the protest movement but in this endeavor signaled the determination of the government to crush dissent as well as reject reforms that may stand in the way of undermining the authority28. In Syria, the role of International Criminal Court might have played a significant role in securing justice over the obnoxious crimes encountered in the conflict of Syria. But this process requires strong actions to be executed by the European Union29. The European Union has been a rigid proponent of fighting against impunity and establishing the realms of international justice. The European Union has also claimed that it is a strong supporter of the International Criminal Court (ICC). But in terms of Syria, it has been found that the European Union has failed in its commitment to practice what it preaches. As for instance it can be stated that faced with crimes and war against humanity in Syria has shown no signals of human rights violation reduction and the commitment to justice has proved to be very much inconsistent and apathetic. For favor of referral of the situation in Syria to the ICC there is a necessity of at least ten EU member states of the Syrian situation to the ICC by the United Nations Security Council. This can be deemed to be the only realistic way for the courts in getting jurisdiction over the crimes committed in Syria. The states of the European Union are minimally involved or are contributing in a very narrow manner in making such a referral in the current situation. The diplomats and ministers argue that pursuing justice will prove to be an obstacle to any of the peace deal in the country30. 3. Repression and human rights violation in Zimbabwe “The Zimbabwe African National Union- Patriotic Front (ZANU-PF)”31 along with President Robert Mugabe has made use of violent ways to dominate over the government institutions and repress any progress towards human rights. Severe instances of human rights violation including, beatings and harassments, have been vivid in the diamond mines in Marange Diamond fields. Yet the International Law has not been effective in Zimbabwe since it cannot have any binding effect upon the country without being legislated by the parliament32. 4. Human rights violation in Russia Russia has witnessed restrictions imposed on the civilians’ freedom of expression on grounds of hooliganism and acts of religious hatred. There has been severe discrimination against the LGBT people33. The work of the human rights defenders is hindered seriously34. Although Russia has cooperated with the international institutions its alliance with these institutions seems perfunctory35. There is very little activity on part of the UN in the states of Russia. Conclusion The International Law has been built by the United Nations for the preservation of peace amongst the Member States as well as the other nations of the world. There has been a long period of inactivity by the international community which has lead to sever sufferings on part of the commoners of the different countries across the world. The world is facing breach of peace very often and in recent cases as in the countries like China, Syria, Zimbabwe and Russia there are grave violations of the fundamental rights of the people. There are abuses of power in the name of bringing social stability; yet, the International Law has been rendered ineffective in these situations. There have been severe tortures upon the poor and also the LGBT. Although the UN has legislations against such phenomenon, there occurrence is found quite often. The European Union has failed to execute its preaching and, as we found in Syria, the state government has not shown much enthusiasm towards reducing violation of rights of its own people. Thus the attributes of the Universal Declaration of Human Rights are unfounded. When the peaceful measures fail to achieve the objective of maintaining international peace, the Security Council of the United Nations takes ultimate resort to military actions for controlling the situation of the states. Yet the state governments are not bound to abide by the International Law unless they legislates it through their parliamentary procedures. The parameters mentioned in the International law sometimes become unclear, since our society is developing in a complex and rapid way36. Thus the International Law does not offer any effective remedy where the government of a state chooses to commit mass human rights violation. References 1. Baldwin, C & Leicht, L (2012), Syria, A Path to Justice. Available at, < http://www.hrw.org/news/2012/08/06/syria-path-justice> (accessed on January 15, 2012) 2. Barnett, M. (2010), The International Humanitarian Order. Taylor & Francis, 2010. 3. Buchanan, A.. “The Internal Legitimacy of Humanitarian Intervention”. Journal of Political Philosophy 7, no 1 (1999): 71-72. 4. Claude, R. P. Weston, B. H. (2006), Human Rights in the World Community: Issues And Action, University of Pennsylvania Press, 5. Chauffour J. P. & Maur, C. 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