Human Rights And International Law

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Human Rights in International Law International law is very complex, human rights in regards to international law is even more complex. Human rights are basically a sub category of international law. It does not stand on its own body of law but still an important aspect. The practice of human rights includes basic elements of state identity and sovereignty, international organization, and the incorporation of international law into domestic law (Bedesman, 2006). These came around for the mere fact decades ago human rights did not exist. Prior to the Second World War, “as long as governments did not interfere with the rights of neighboring countries, it could abuse its citizens in any way it wanted and never run afoul of international law strictures” (Bedesman, 2006, pp. 97). Like most laws, change only comes when extreme circumstances occur, such as World War 2 with regards to the Nazi’s. After the Second World War there was the transition from a system dedicated to state sovereignty to one also devoted to the protection of human rights (Bedesman, 2006). Interestingly enough, the provisions written in the pronouncement of human rights norm, included “all human beings are born free and equal in dignity and rights.” In this time period segregation was still occurring let alone being close to resolution. This provision was not specified to only affect white men for the United States, let alone the whole world. These provisions became the Universal Declaration, which recognized freedom from slavery, freedom from arbitrary arrest and the guarantee of fair criminal procedures (Bedesman, 2006). Yet, in the United States there are not fair criminal procedures. The upper class has money for high-class lawyers and other nece... ... middle of paper ... ...violations, individuals can directly file human rights complaints with the UN. However, these individuals must prove “local remedies have been exhausted” (Bedesman, 2006). How do you track whether local remedies have been questioned? This leaves the court to decide whether they have or not, leaving too much space for discretion. Another obvious draw back is the lack on enforcement with no international military to enforce human rights. Conclusion The United States is the leading party for human rights litigation across the world. For this reason, the country is involved in other countries in order to alleviate or stop human tights abuses by that government, to the point it has become a central apart of foreign policy. Leading to one last question, oh how bad does human rights abuses have to be in order to warrant an invasion, again a lot of space for discretion.
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