What can Amnesty International do to help victims of international crime?
Strengthening international, regional and national laws to address crimes under international law. Amnesty International is also pushing for better access to international justice for victims and for international justice mechanisms to comply with human rights – including respecting the rights of suspects, victims and witnesses in their work.
What is Amnesty International?
Amnesty International is a global movement of more than 7 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all.
What is the International Covenant on torture?
The International Covenant on Civil and Political Rights (16 December 1966) explicitly prohibits torture and "cruel, inhuman or degrading treatment or punishment" by signatories. Article 4 of the Charter of Fundamental Rights of the European Union prohibits torture.
What is international human rights law (IHRL)?
International Human Rights Law (IHRL) is also applied during peace times, along with war times. It is also part of Public International Law (PIL). It aims at protecting the fundamental human rights of all people at every level.
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What do Amnesty supporters write?
Write For Rights. Every December, Amnesty supporters across the globe will write millions of letters and take action for those whose basic human rights are being attacked. They are people like you, continuing a long tradition of writing letters to right some of the worlds's biggest wrongs. Take Action. Take Action.
When was the Udhr adopted?
The UDHR was adopted by the newly established United Nations on 10 December 1948, in response to the “barbarous acts which ] outraged the conscience of mankind” during the Second World War. Its adoption recognised human rights to be the foundation for freedom, justice and peace. Work on the UDHR began in 1946, ...
What is the Universal Declaration of Human Rights?
The Universal Declaration of Human Rights (UDHR) is a document that acts like a global road map for freedom and equality – protecting the rights of every individual, everywhere. It was the first time countries agreed on the freedoms and rights that deserve universal protection in order for every individual to live their lives freely, ...
When did children sign the Udhr pledge?
Children sign Amnesty International's UDHR campaign pledge at the Norwegian Parliament 11 December 1997. In 1997 - 1998 Amnesty International undertook a campaign to mark the 50th anniversary of the Universal Declaration of Human Rights (UDHR). - ©Amnesty International/Jon Bjørnsen. His Holiness the Dalai Lama signing the pledge, ...
What is the principle of the Udhr?
So no matter what distinctions people have, there is one basic principle that underlies all the rights outlined in the UDHR: that every human being has the same inalienable rights.
Is human rights universal?
HUMAN RIGHTS ARE UNIVERSAL, INDIVISIBLE AND INTERDEPENDENT. All human rights are equally important, and all governments must treat human rights in a fair and equal manner, on the same footing and with the same emphasis. All states have a duty, regardless of their political, economic and cultural systems, to promote and protect all human rights ...
Who was included in the Udhr?
The drafting committee was later enlarged to include representatives of Australia, Chile, France, the Soviet Union and the United Kingdom, allowing the document to benefit from contributions of states from all regions, and their diverse religious, political and cultural contexts. The UDHR was then discussed by all members ...
What is the purpose of international humanitarian law?
It comes under International Law. International Humanitarian Law serves the objective of limiting the effects of war on people who are not a party in the war. It helps to protect the lives of people who are not a part or are no longer a part of the armed conflict. This law is not applied in peace, i.e., without any armed conflict.
What are the two human rights instruments?
The two covenants that form part of the bill on human rights were International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which were adopted in 1966. Some other international treaties have also been adopted. These are called ‘Human rights Instrument.’
What happens if you violate the Geneva Convention?
Geneva Convention IV, Article 5 states that combatants who violate any of the rules of the Geneva Convention lose their rights and status of ‘prisoners of war. ’ However, they are still to be treated humanely, and they still preserve their right to a free, fair trial. People who violate the Geneva Conventions laws or the laws of war can be held liable individually.
When was the UN High Commissioner for Human Rights established?
The General Assembly (GA) of the United Nations (UN) adopted the Vienna Declaration and Programme of Action in 1993. This established the UN high commissioner for human rights. For the enforcement of international human rights law, the UN Commissioner for Human Rights was replaced by the UN Human Rights Council in 2006.
Why should universal jurisdiction be provided to all nations?
Some countries argue that universal jurisdiction should be provided to all nations to punish people who commit a crime against humanity. The argument rests on the logic that a crime against humanity is a crime against the whole world, and therefore, every country has a right to try and punish such criminals. The Belgium courts even passed a law of universal jurisdiction in 1993. Some big organizations of human rights, like Amnesty International, also support the plea.#N#But some scholars like henry Kissinger argue that providing universal jurisdiction would not serve the purpose of Human Rights Law and that it would also create a tyranny of the judges.
Who is the Amnesty International Director for the Americas?
On September 24, 2019, Amnesty International USA’s Advocacy Director for the Americas, Charanya Krishnaswami, offered the following statement in a hearing before the Inter-American Commission on Human Rights on “Limitations to Access to Asylum in the United States.”
Is the USA forcing people to fight their asylum cases?
In the second category of restrictions, the USA is forcing people in need of protection to fight their asylum cases while remaining in dangerous and precarious conditions in Mexico, in violation of its obligation against refoulement. As the Commission recently recognized in its press release following its visit to south Texas, these policies “seriously impact [] the effective enjoyment of human rights by migrants, asylum-seekers and other people seeking international protection in the United States.” [8]
FURTHER READINGS
Amnesty International Website. Available online at < www.amnesty.org > (accessed May 30, 2003).
CROSS-REFERENCES
International Court of Justice; International Law; Prisoner of War; Prisoners' Rights.
What is the international human rights instrument?
International human rights instrument against torture and cruel or unusual punishment. United Nations Convention against Torture. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. states parties. states that have signed, but not ratified.
What is the Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment?
The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), adopted by the General Assembly on 18 December 2002 and in force since 22 June 2006, provides for the establishment of "a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment," to be overseen by a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
What is Article 16?
Ban on cruel, inhuman, or degrading treatment or punishment . Article 16 requires parties to prevent "other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1" in any territory under their jurisdiction.
What is the prohibition of torture?
Article 2 prohibits torture, and requires parties to take effective measures to prevent it in any territory under their jurisdiction . This prohibition is absolute and non-derogable. "No exceptional circumstances whatsoever" may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict. In other words, torture cannot be justified as a means to protect public safety or prevent emergencies. Subordinates who commit acts of torture cannot abstain themselves from legal responsibility on the grounds that they were just following orders from their superiors.
What is the UN Convention against torture?
UN Convention Against Torture. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Convention on the Elimination of All Forms of Racial Discrimination. Convention on the Political Rights of Women. Convention on the Rights of Persons with Disabilities.
When was the International Day of Victims of Torture?
The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognized as the International Day in Support of Victims of Torture, in honor of the Convention. Since the convention's entry into force, ...
What is the UNCAT?
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention against Torture ( UNCAT )) is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, ...
What is amnesty in international law?
Amnesty, as understood in this article, refers to measures adopted by states to release categories of individuals or offenses from criminal liability.
Why are amnesties used?
At the international level, they regularly featured in agreements to end interstate armed conflicts, but their use in such settings was subject to negotiations between states rather than international legal regulation.
Why are amnesties important?
In contrast, amnesties can create impunity for perpetrators of international crimes and gross human rights violations. Most commonly, they are enacted to facilitate political transitions and, in post-conflict settings, to encourage combatants to disarm, demobilize, and reintegrate.
United Nations Convention Against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force in June 1987. The most relevant articles are Articles 1, 2, 3, and 16.
Optional Protocol to the UN Convention Against Torture
The Optional Protocol to the Convention Against Torture (OPCAT) entered into force on 22 June 2006 as an important addition to the UNCAT.
UN Special Rapporteur on Torture
The United Nations Commission on Human Rights in 1985 decided to appoint an expert, a special rapporteur, to examine questions relevant to torture. The position has been extended up to date. On 1 November 2016, Prof. Nils Melzer, took up the function of UN Special Rapporteur on Torture.
Rome Statute of the International Criminal Court
The Rome Statute, which established the International Criminal Court (ICC), provides for criminal prosecution of individuals responsible for genocide, war crimes, and crimes against humanity.
Geneva Conventions
The four Geneva Conventions provide protection for people who fall into enemy hands. The conventions do not clearly divide people into combatant and non-combatant roles. The conventions refer to:
Other conventions
In accordance with the optional UN Standard Minimum Rules for the Treatment of Prisoners (1955), " corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences." The International Covenant on Civil and Political Rights (16 December 1966) explicitly prohibits torture and "cruel, inhuman or degrading treatment or punishment" by signatories..
Supervision of anti-torture treaties
The Istanbul Protocol, an official UN document, is the first set of international guidelines for documentation of torture and its consequences. It became a United Nations official document in 1999.
Overview
International Justice Mechanisms
- The International Criminal Court
Established in 2002, the ICC is a permanent court that can investigate and prosecute people suspected of committing genocide, crimes against humanity, war crimes and (since 2018) the crime of aggression in situations where national authorities are unable or unwilling to act genuin… - Hybrid courts
Hybrid courts are usually established to investigate and prosecute large-scale crimes under international law in countries which have gone through conflict or crisis. These courts are often established where the country’s own domestic justice system lacks the necessary infrastructure…
Universal Jurisdiction
- Universal jurisdiction refers to the principle that a national court may, and in some circumstances must, prosecute individuals for crimes under international law – such as crimes against humanity, war crimes, genocide or torture – wherever they happened, based on the principle that such crimes harm the international community or international order itself, which individual states ma…
Case Study – Srebrenica Massacre
- Mirsada Malagić lost her husband, two sons, her brother and other family members in the Srebrenica massacre in 1995. Five years later, she testified at the trial of Bosnian Serb Army officer Radislav Krstić at the International Criminal Tribunal for the former Yugoslavia. After giving evidence, Mirsada Malagić told the Court: Radislav Krstić was sentenced to 35 years’ imprisonm…
How Does Amnesty Promote International Justice?
- In addition to campaigning for national authorities to fulfil their obligations to ensure justice, truth and reparation for victims, Amnesty has helped to establish a worldwide system of international justice to step in when they fail to act, including through: 1. Campaigning for the establishment and effective operation of the International Criminal Court (ICC). 2. Calling on states to exercise …
What Is Amnesty Calling for?
- There must be no safe havens.Those who commit the worst crimes imaginable can no longer hide. 1. All states should show their commitment to international justice by joining the ICC and co-operating with it fully. States parties to the Rome Statute of the ICC should implement the Rome Statute’s provisions fully in their domestic law. 2. States should exercise universal jurisdiction ov…
Key Definitions
- Genocide
Genocide means certain acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. - Crimes against humanity
These are crimes committed as part of a widespread or systematic attack against civilians during peace or wartime. They include torture, enforced disappearances, killings, enslavement, deportation and certain crimes of sexual and gender based violence including rape.