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The Politics Of International Law: Human Rights

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Question:

Discuss about the Politics of International Law for Human Rights.

 

Answer:

Discussion

John Gray described that the human rights are basic rights of every people but they will never be a solution to ending conflict. The writer describes the importance of human rights through this line. Internationally the inhuman torture towards the people affected the human rights where the laws are not able to help it.  The inhuman treatment and tortures are not accepted in any country though it is continue taking the place. In many countries take several steps to protect the human rights in international law.

Globally, the law has implied their statues for prevent the tortures and negative impact. The governments of every country took every attempts and actions for resorts the inhuman behavior. The international human rights organizations, laws and many civil societies have came across for the justification of tortures in human rights. The United Nations Convention Against Tortures is one of the reputed and famous organization which have sorted several issues of inhuman torture in the human rights[1].

Human right means the rights or principals that should be belonged with every person, which describe human behavior and applied as per the legal rights in international law.  The human right describes the basic fundamental rights of the human as the citizen of any country. The legislature of every country protects the fundamental rights of the human. The rights can be the civil and political rights and other hands the economic, social and cultural rights also. First in the history, the Geneva Convention introduced the world with their fundamental rights after the World War II. The United Nations Security Council, which is the only organization in UN, also has built some peace and securities for the fundamental rights of the human. There are also some non-government organisation which are deals and fight for establishment of the human rights.

The rights are violates when the state produce any conflicts or abuse the fundamental rights of the human[2]. When state violate or breach any of the treaty of the fundamental rights, the conflicts forms.  When the situation arises, the United Nations Security Council sorted out the issues. The war, wars of aggressions, war crimes or any breach or crime against the humanity will cause of the violation of the fundamental rights.  

The inhuman behavior or torture is one of the important issues in human rights. The torture most of time used in the political coercion. In international law, torture is prohibiting because it violates the fundamental rights of the human. In every country the humans are continue straggling for the justice against the inhuman tortures. In Syria, Afghanistan, and Iraq and in Egypt, people are continuing suffering several the civil war where the fundamental rights violated. The international law continues taking several movements for preventing the violation of the human rights.

The powerful countries like The United States , they have taken the protection of human rights seriously because those countries are able to give the proper security for prevent the violation of fundamental rights. However not other countries have no capability to protects the human rights. The US government has interfered in many countries for providing security for prevent the violation against the human rights. Human right gives people their virtue for empowering the governments, which the common rights of every people[3].

 

The UN Committee against Torture have took many steps for prevent the inhuman tortures globally. They stated that it would not accept any war or a treat of war where both are included as a torture for the general people, because the internal political issues are the main reasons for the civil war. The general people are affects mostly when a war took place. it is the duty of every states to stop such violation or torture which affect the people. The legislature of every state never allow any torture or inhuman behavior and as well as in international law. the torture of fundamental law is punishable in international law which can be investigate and prosecuted for the punishments. In the Trial Chamber opinion of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in Prosecutor vs. Furundfija the court has describe the prohibition of torture which is one of the most important prohibition rather than treaty laws. The Geneva Conventions of 1949 stated the prohibitions of torture on the both state and non-state armed group as per the Common Article of sec- 3. The prohibitions against the fundamental rights always described in the treaties and jurisprudence in the world's regional human rights systems. In article 3 of the world's regional human rights systems also established and described the prohibitions of torture or inhuman treatment toward the humans. The European Court of Human Rights (ECHR) described that the fundamental rights are the most common value in the democratic society. Article 5 of the American Convention on Human Rights stated the probations against the violation of human rights. The African Charter on Human and People's Rights not only prohibit the violation but also develop the jurisprudence system which produce the legislature for taking actions against the violation of fundamental rights. United Nations Committee Against Torture ("UNCAT" or "the Committee") is another organization who are work and developed their laws like the African Charter on Human and People's Rights[4]. The Convention Against Torture stated in the article 16 that sometimes the torture inflict the pain and suffered people with cruelty and or inhuman behavior towards the human[5].

When international law prohibits the inhuman cruelty, they are not required to provide any evidence for establishing the purpose. The UNCAT discussed that "the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture which have clear the sufficient purposes to complete the elements of torture[6]. The requirement that pain and suffering must be inflict intentionally upon the victim who is the sufferer.  According to the UNCAT, an objective of element that can be restated as the perpetrator's voluntary engagement in conduct that makes severe pain or suffering objectively foreseeable. The negligent conduct cannot be considered as torture[7].

The requirement imposed by the Convention regarding the consent or acquiescence of a public official to acts of torture does not fully absolve State authorities of responsibility for acts committed by non-State officials or private actors. The Committee has made it clear that when State authorities "know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish" them, the State bears responsibility for the acts in question "and its officials should be considered as authors, complicit, or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts[8].

In Iran homosexual is treated as an offence, which is punishable as death penalty. Penetrative sex between the men in Iraq will give their death penalty. Torturing and killing gays in this country is legal. The international law tried to return people from          Iran for relief them from the torture. Sometimes Britain gives asylum to those Iranians. The gay people are sometimes hanged in public without establishment of evidence. This is an extreme example of torture. Europe and US already identified many public campaign in last few years where gay Iranian men are killing in publicly[9]. One of the famous cases of rape of 13-year-old boy who was raped by Ayaz Marhoni and Mahmoud Asgari in Mashhad in 2005 and they are hanged in public. The court did not found any evidence that whether Ayaz Marhoni and Mahmoud Asgar are gay or related however, they were hanged. After few months, the US government found that Iran government doing such acts because they become pogrom against gay people. Again, in November 2007 a man, named Makwan Mouloudzadehare aged about 20, found hanging in publicly in Kermanshah for raping many boys. However, no actual evidence are found of that crime in Iranian Law. The European activists tried to help him and organized a mass petition to Ahmadinejad. However, the Iranian Law denied the petition and he was sent to gallows[10].

Torture is forbidden in International law, though in many countries their law misuses the torture and applies to innocent people. Torture not always treated as physical intimation sometimes damage of mental condition can also treated as torture. 

The prohibition of torture and other ill-treatment in the Universal Declaration of Human Rights came only three years after the end of the Second World War. Since the adoption of the Universal Declaration of Human Rights, the prohibition of torture contained in that proclamation has acquired legal force at the international and regional levels, and has been recognized as customary international law. The absolute legal prohibition of torture, like the prohibition of slavery or genocide, remains securely entrenched at the international level. While the elimination and prevention of torture in our time will continue to require dedicated, multi-disciplinary, and well-synergized efforts by many actors, the fundamental international legal framework prohibiting torture and other ill-treatment remains key to these efforts.

 

Reference

"Torture". Nytimes.Com, 2017, https://www.nytimes.com/topic/subject/torture.

Daems, Tom. "Slaves and statues: torture prevention in contemporary Europe." British Journal of Criminology (2016): azv133.

Grans, Lisa. "The state obligation to prevent torture and other cruel, inhuman or degrading treatment or punishment: the case of honour-related violence." Human rights law review (2015): ngv029.

Grover, Sonja C. "The Failure to Allow Communications Involving Jus Cogens Violations Where the Complaint Is Against State Non-Parties to the OP3-CRC (Even if a State Party to the CRC and/or One or Both of the First Two Protocols to the CRC)." Children Defending their Human Rights Under the CRC Communications Procedure. Springer Berlin Heidelberg, 2015. 147-162.

Kearns, Erin M. "The Study of Torture: Why It Persists, Why Perceptions of It are Malleable, and Why It is Difficult to Eradicate." Laws 4.1 (2014): 1-15.

Keck, Margaret E., and Kathryn Sikkink. Activists beyond borders: Advocacy networks in international politics. Cornell University Press, 2014.

Mendez, Juan E. "How International Law Can Eradicate Torture: A Response to Cynics." Sw. J. Int'l L. 22 (2016): 247.

Randall, Melanie, and Vasanthi Venkatesh. "The Right to No: The Crime of Marital Rape, Women's Human Rights, and International Law." Brook. J. Int'l L. 41 (2015): 153.

Solomon, Aaron. "The Politics of Prosecutions under the Convention against Torture." Chicago Journal of International Law 2.1 (2015): 50.

The Issue Is Torture". Human Rights Watch, 2017, https://www.hrw.org/news/2008/03/31/issue-torture.

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