This contribution argues that despite the fact that the United Nations Refugee Convention does not cover persons subject to climate change induced displacement, these people should be protected by ...the UN High Commissioner for Refugees (UNHCR). This is the case because UNHCR's own Executive Committee has incorporated the broader African definition of a refugee that does include climate refugees into their protection mandate. We therefore conclude that UNHCR should exercise protection activities over climate refugees to be consistent with the mandate given to this United Nations programme by international law. To arrive at this conclusion we first briefly introduce the question about the protection of climate change induced displacement in the social science debate. We examine the legal definitions of refugees, agreeing with the most common interpretations of both United Nations and regional instruments. We then indicate how, by expressly extending its mandate, UNHCR itself has taken on the responsibility for the protection of people subject to climate change induced displacement. Finally, we report how, despite this mandate, UNHCR is still refusing to exercise its mandate properly, and that if it were to do so, a significant step could be taken in ensuring the protection of people subject to climate change induced displacement.
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Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the ...United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.
In this contribution, we consider the relevance of international human rights law to climate change. We review the widely agreed understanding that climate change interferes with human rights. We ...then examine how a particular State or States may be held responsible for internationally wrongful acts that are caused by contributions to climate change emanating from activities that are under that State's or those States' jurisdiction. We focus on human beings' actions that the best available science indicates with a high degree of certainty are responsible for climate change and the consequential interference with the human rights of individuals that are caused by the adverse impacts of climate change. We also explore the consequences of international human rights law for States' responsibility to cooperate to achieve adequate international action on climate change. PUBLICATION ABSTRACT
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Health is increasingly seen as relevant to foreign policy; nevertheless, it remains subordinate to other interests. In particular, the interests of security and economics are often presented as more ...critical than health. This is due to a failure to sufficiently recognize the legal obligations that states have undertaken to ensure the human right to health. This article argues that health should be an imperative of foreign policy, equally valid, and prioritized in resource allocation. We suggest application of the human rights approach with attention to the legal duty of cooperation and the necessity of ensuring broad participation. We suggest that the human rights approach to health can contribute to achieving this result and is compatible with, and beneficial to, other foreign policy concerns. Finally, we conclude that the human rights approach to health requires that health be an imperative in foreign policymaking processes.
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Perhaps no individuals suffer more from the effects of war than our children. This contribution briefly reviews how children have suffered in the past, focusing on those who have been forced to flee ...their homes and often their families. It does this by describing the international law we have put in place to protect our children fleeing from war. It specifically describes the most important provisions of the corpora of international refugee law, international human rights law, and international humanitarian law. These corpora of law contain the law that has been created to mitigate the suffering of children fleeing armed conflicts. Having described the law, brief attention is given to some of the supplementary instruments that are used to interpret the legal obligations of states. And finally, attention is given to selected shortcomings of the law and the international community's efforts to adequately protect children from the scourge of war. The concluding suggestions emphasize the need to refocus our efforts. We need to make sure that the gaps in the law are closed by agreeing to international law that protects all children forced to flee their homes because of armed conflict. And we need to make sure that we address the causes of war by not losing track of the aspirational goal of ending war forever.
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Perhaps no individuals suffer more from the effects of war than our children. This contribution briefly reviews how children have suffered in the past, focusing on those who have been forced to flee ...their homes and often their families. It does this by describing the international law we have put in place to protect our children fleeing from war. It specifically describes the most important provisions of the corpora of international refugee law, international human rights law, and international humanitarian law. These corpora of law contain the law that has been created to mitigate the suffering of children fleeing armed conflicts. Having described the law, brief attention is given to some of the supplementary instruments that are used to interpret the legal obligations of states. And finally, attention is given to selected shortcomings of the law and the international community's efforts to adequately protect children from the scourge of war. The concluding suggestions emphasize the need to refocus our efforts. We need to make sure that the gaps in the law are closed by agreeing to international law that protects all children forced to flee their homes because of armed conflict. And we need to make sure that we address the causes of war by not losing track of the aspirational goal of ending war forever. Adapted from the source document.
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8.
An Intentionally Unfair Trial Doebbler, Curtis F.J
Journal of international criminal justice,
05/2007, Volume:
5, Issue:
2
Journal Article
Peer reviewed
Open access
Numerous flaws made the Dujail trial a violation of the internationally protected human right to a fair trial. The United States and the Iraqi authorities conducted an unfair trial knowing that both ...the Third and Fourth Geneva Convention describe 'wilfully depriving' a person 'of the rights of fair and regular trial' as a war crime. Even if Saddam Hussein was not to be regarded as a prisoner of war, that is, merely as a civilian, in any case his right to fair trial was protected by international law. According to the author, both the relevant states and the individuals involved in the unfair Dujail trial bear responsibility for breaches of international law.
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