En raison des changements radicaux qui ont eu lieu dans le monde, un nouveau
droit international doit émerger. Les États souverains constituent la majorité des États et le
pouvoir demeure l’élément ...décisif de l’ordre international ambiant. Les organisations
internationales continuent d’opérer dans le cadre de leurs mandats, sous la coupe d’États puissants
et avec des majorités requises pour le vote. Et cependant, le contenu et les procédures du droit
international peuvent être améliorés pour devenir un droit international de la sécurité et de la
protection, les Nations Unies devant jouer un rôle de premier plan.
Radical changes are taking place in the world and international law must change with them. Sovereign states still predominate and power remains the decisive element in the prevailing international ...order. International organizations still have to operate within their mandates and are under the sway of powerful states or voting majorities. And yet, there is room for structural change in the content and procedures of international law of the future, which must become an international law of security and protection with the United Nations indispensably in the forefront.
Protection role Ramcharan, Bertrand G.
The UN Human Rights Council,
2011
Book Chapter
The doctrine of the responsibility to protect (R2P) has captured the imagination of the global human rights movement, of human rights scholars,
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and of governments favorably disposed to stronger ...human rights protection at the UN. The majority of developing countries at the UN, however, continue to be suspicious of R2P. The doctrine has so far been put mainly to rhetorical use but even that is contested by the majority of members of the Human Rights Council who consider it an interventionist concept designed to allow great powers to interfere into the affairs of smaller ones.
Fact-finding role Ramcharan, Bertrand G.
The UN Human Rights Council,
2011
Book Chapter
Fact-finding in the council takes place in one of two main ways. First is through its special procedures, which examine global problems such as extreme poverty, investigate thematic violations of ...human rights such as torture, and investigate particular country situations where gross violations are alleged to be taking place. The second is through ad hoc commissions of inquiry, which the HRC establishes from time to time to investigate particular situations. It would be fair to say that the council has sought to exercise as much control as it can over its special procedures so as to push an approach of dialogue and cooperation with member states, even those responsible for egregious human rights violations.
This chapter discusses the Human Rights Council's composition and method of selecting members. It presents the core rules of procedure. It looks briefly at the council's subsidiary bodies and ...outlines the complaints procedure for handling petitions concerning human rights violations. Finally, it explores the idea of transforming the council into a principal UN organ, a prospect that is mentioned in General Assembly resolution 60/251 that established the council.
The Human Rights Council's flagship procedure is the Universal Periodic Review, which emphasizes dialogue and cooperation instead of criticism and confrontation. Council supporters argue that it ...provides a more effective alternative to naming and shaming governments for gross violations of human rights. Thus far the jury is out on whether the UPR process delivers meaningful results in the advancement and protection of human rights.
Legislative role Ramcharan, Bertrand G.
The UN Human Rights Council,
2011
Book Chapter
The legislative role of the principal UN human rights body has always been important. The former Commission on Human Rights laid the groundwork for numerous conventions, declarations, bodies of ...principle, and similar normative instruments. Since its establishment in 2006, the Human Rights Council has continued this work and transmitted the following instruments to the General Assembly for finalization and adoption: the International Convention for the Protection of All Persons from Enforced Disappearance; the Optional Protocol to the Covenant on Economic, Social and Cultural Rights; a Declaration on Human Rights Education and Training; and a Declaration on Protection of Persons Suffering or Recovered from Leprosy. The HRC has begun to consider an Optional Protocol to the Convention on the Rights of the Child, which would provide for a petitions procedure. It has also been discussing the possible need for complementary standards to the convention against racial discrimination that would address problems such as the advocacy of racial or religious hatred.
Preventive role Ramcharan, Bertrand G.
The UN Human Rights Council,
2011
Book Chapter
The resolution establishing the council gives it an explicit role to act for the prevention of human rights violations. Thus far the HRC has adopted one general and some other thematic resolutions ...that touch on selected aspects of prevention, but it has not yet acted significantly on this issue. Robust preventive action could help it to get over one of its major hurdles, namely, its selectivity and lack of balance in dealing with situations of gross human rights violations. This chapter offers ideas that could foster the council's preventive role.
