The Death Sentence in Zambia and International Human Rights

1997 ◽  
Vol 41 (1) ◽  
pp. 147-148
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Death Sentence ◽  
Political Rights ◽  
International Human Rights ◽  
The Supreme Court ◽  
International Human ◽  
Civil And Political Rights

During its 55th session, the UN Human Rights Committee examined a communication from Bernard Lubuto (Lubuto v. Zambia Communication No. 390/1990) alleging that his rights under the International Covenant on Civil and Political Rights had been violated. The author of the communication was arrested in February 1980 and sentenced to death on 4 August, 1983, for aggravated robbery. On 10 February, 1988, the Supreme Court dismissed his appeal. The author claimed that the death sentence imposed on him was disproportionate since no one was killed or wounded during the robbery. The Human Rights Committee also considered that die length of die proceedings against die audior might raise issues under Article 14(3)(c).

The Influence of International Human Rights Law on the Israeli Legal System: Present and Future

1994 ◽  
Vol 28 (1) ◽  
pp. 136-153 ◽  
Author(s):  
Eyal Benvenisti
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Supreme Court ◽  
International Human ◽  
Civil And Political Rights ◽  
Constitutional Jurisprudence

Since Israel's independence, the Supreme Court has been very active in establishing and securing an impressive edifice of human rights. Lacking a written constitution, the Court has based its constitutional jurisprudence on the democratic character of the state. It has developed an “Israeli made” bill of rights, relying on comparative studies, yet with little reference to the standards set in international human rights instruments.Two legal events of the last three years may change the judicial attitude towards international human rights. The first major event was the Israeli government's ratification of important human rights conventions during 1991, first and foremost among them the 1966 Covenant on Civil and Political Rights, which has been named the “International Bill of Rights” (hereinafter: the 1966 Covenant).

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

Judgment of the Supreme Court of Canada of February 28, 2020, on Nevsun v. Araya: a “quiet revolution” in the assessment of the status of corporations under public international law?

2021 ◽  
Vol 11 (2) ◽  
pp. 25-39
Author(s):  
Vera Rusinova ◽  
Olga Ganina
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
The Supreme Court ◽  
International Human

The article analyses the Judgment of the Supreme Court of Canada on the Nevsun v. Araya case, which deals with the severe violations of human rights, including slavery and forced labor with respect of the workers of Eritrean mines owned by a Canadian company “Nevsun”. By a 5 to 4 majority, the court concluded that litigants can seek compensation for the violations of international customs committed by a company. This decision is underpinned by the tenets that international customs form a part of Canadian common law, companies can bear responsibility for violations of International Human Rights Law, and under ubi jus ibi remedium principle plaintiffs have a right to receive compensation under national law. Being a commentary to this judgment the article focuses its analysis on an issue that is of a key character for Public International Law, namely on the tenet that international customs impose obligations to respect human rights on companies and they can be called for responsibility for these violations. This conclusion is revolutionary in the part in which it shifts the perception of the companies’ legal status under International Law. The court’s approach is critically assessed against its well-groundness and correspondence to the current stage of International law. In particular, the authors discuss, whether the legal stance on the Supreme Court of Canada, under which companies can bear responsibility for violations of International Human Rights Law is a justified necessity or a head start.

scholarly journals International Human Rights Law and the Response to the covid-19 Pandemic

2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

scholarly journals An Undemocratic Guardian of Democracy - International Human Rights Complaint Procedures

2007 ◽  
Vol 38 (2) ◽  
pp. 199
Author(s):  
Shotaro Hamamoto
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Narrow View ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights ◽  
The Individual

This paper discusses the individual complaints procedures established pursuant to international human rights treaties such as the International Covenant on Civil and Political Rights. It discusses the bases on which these systems have been criticised as undemocratic. After considering how these democratic failings could be ameliorated through greater involvement of domestic parliaments, it questions this narrow view of democracy that looks only to parliamentary involvement, suggesting instead that apparently undemocratic individual complaints procedures can actually have a beneficial "democratising" effect.

scholarly journals Death Penalty in Pakistan in nexus with International Human Rights Laws and Sharia’h

2020 ◽  
Vol 2 (2) ◽  
pp. 78-86
Author(s):  
Muhammad Waqas Javed ◽  
◽  
Naila Kareem ◽  
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Justice System ◽  
Special Focus ◽  
Political Rights ◽  
International Human Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
International Fair

In the instant study, we focus to point out Islamic perspective in relation to international human rights laws pertaining to death penalty in the context of Pakistan. We have discussed the perspective certain jurists who claim qisas is an alternative prayer, and it can be abolished. However, the study maintains that Islamic injunctions support, and recommend for capital punishment for certain offences, while diyatis an alternative penalty. Further, we have deliberated death penalty in the light of human rights conventions with special focus on Article 6 of the International Covenant of Civil and Political Rights (ICCPR), 1966. The debate also surrounds abolitionists or retentionists views with special reference to Pakistan. It concludes that immediate abolishment of death penalty may not be possible in Pakistan. Nevertheless, as a first step, it needs to re-interpret the phrase “most serious crimes” envisaged under Article 6 of ICCPR in its true letter and spirit, or to exercise de facto abolishment of it until its crippled criminal justice system ensures international fair trial standards. As internal peace and security situation improves in Pakistan, so it may enforce de-jure halt.

Part 1 Freedom of Religion or Belief, 1.3 The Right to Manifest One’s Religion or Belief

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Freedom Of Religion ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

7 International Human Rights Litigation

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Federal Courts ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
The Supreme Court ◽  
International Human ◽  
Victim Protection ◽  
Foreign Corporations ◽  
Alien Tort Statute

This chapter focuses on litigation under the Alien Tort Statute, which provides for jurisdiction over suits brought by aliens for torts in violation of international law. The chapter begins by exploring Congress’s likely intent in enacting the Statute in 1789, and how the Statute may have related to Article III of the Constitution (concerning the powers of the federal courts). The chapter then describes how the Statute received little attention until the Filartiga decision in 1980, which allowed for it to be used by aliens to sue other aliens for human rights abuses committed abroad. The chapter proceeds to explore a variety of doctrinal issues relating to this human rights litigation, including the source of the cause of action, the standards for bringing a claim, and the ability to sue corporations. The chapter also considers the contours of the Torture Victim Protection Act, which Congress enacted in 1992 to facilitate certain human rights claims. The chapter then discusses limitations on Alien Tort Statute litigation imposed by the Supreme Court in its 2004 decision in Sosa v. Alvarez-Machain, as well as the rise of suits brought against corporate defendants brought under the Statute. The chapter concludes by discussing the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, in which the Court substantially curtailed the territorial reach of claims that could be brought under the Statute, and the Court’s 2018 decision in Jesner v. Arab Bank, in which the Court disallowed suits under the Statute against foreign corporations.

Mind the Gap: State Capacity and the Implementation of Human Rights Treaties

2015 ◽  
Vol 69 (2) ◽  
pp. 405-441 ◽  
Author(s):  
Wade M. Cole
Keyword(s):  
Human Rights ◽  
Regression Models ◽  
State Capacity ◽  
One Dimension ◽  
Political Rights ◽  
International Human Rights ◽  
Two Stage ◽  
Human Rights Treaties ◽  
International Human ◽  
Civil And Political Rights

AbstractAccording to recent studies, international human rights treaties are ineffective, counterproductive, or else beneficial for only those countries that tend to respect human rights regardless of treaty membership. Analysts often attribute gaps between human rights principles and practices to willful disobedience, self-interested defection, and ineffective enforcement. Using two-stage regression models to analyze compliance with the International Covenant on Civil and Political Rights, I examine whether countries' inability (as opposed to unwillingness) to implement treaty terms is also responsible for the gap between commitment and compliance. I find that one dimension of state capacity in particular—bureaucratic efficacy—enhances levels of compliance with civil, political, and physical integrity rights provisions. These findings lend credence to an important aspect of the managerial approach—that noncompliance is often inadvertent and conditioned by a state's ability to implement treaty terms.

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