The Role Of Human Rights In 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 …show more content…

The first generation of human rights was regarded as threatening to certain authoritarian and totalitarian regimes. The second generation, was wary to western countries in regards to economic, social, and cultural rights. Not until the third generation did human rights move towards rights to peace, development and environment. (Bedesman, 2006). These human rights are necessary, however, when do individual rights conflict with the safety and well being of the state, along with is emergency situations? A critical provision was part of the ICCPR for this exact situation. The provision included four …show more content…

However, just like the dark figure of crime, how does one know the real levels of human rights violation if the states just simply to do not report the accurate numbers. There is no way to test the effectiveness of this model. On top of states reporting 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

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