Tag Archives: International human rights

The Convention on the Rights of the Child

Abstract:

The convention on the Rights of the Child sets out for those rights that must be realized for children to develop their full potential. The UNCRC consists of 54 articles that consist of children’s rights and the process of working. The government is required to meet children’s basic needs and helps them in their full development. The United Nations General Assembly established the International Children’s Emergency Fund, UNICEF to work seriously for the betterment of the children throughout the world. With the help of UNICEF the UN General Assembly adopted, “The Convention on the Rights of the Child” which recognizes the role of children as social, economic, political, civil and cultural actors. The convention also guarantees and sets the minimum standards for protecting the rights of children in all capacities.

Authored by Abhay Singh, Faculty of Law, Lucknow University

An Insight into International Humanitarian Law: Protection of “The Brave Hearts”

Abstract-

The coveted International Humanitarian Law is otherwise recognized as the Law of War. The sole objective of the International Humanitarian Law grounded on humanitarian motives seeks towards limiting the effects of armed conflict. As per the famous philosopher Hugo Gratius in his legal masterpiece De jure belli ac pacis on the Law of War and Peace stated that the conquerors had the right to subjugate their enemies. Similarly another French philosopher namely Montesquie in his L’Esprit des lois on ( The Spirit of Laws) expressed that the sole just thing in the war was that the abductor had to prevent the prisoner from any harm. Likewise, the International Humanitarian Law lays down certain provisions seeking towards regulating the conduct of war alongside protecting the individuals no longer a party to a hostility. Moreover, it is prudent to take into consideration that the International Humanitarian Law is Les specialize which states that the same originated to administer particular subject matters. The respective article provides a detailed analysis of the Law of War. The author through this article states the rights and privileges concerning the protection of the POWs.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar.

Legal Accountability For Breach Of IHL: An Overview Of The Legal Consequences Of Violation Of IHL

Abstract-

As per rule 149 of the Customary International Law a state can be held accountable for the breaches of the coveted International Humanitarian Law derivable to the same. This also further includes a) the state is responsible for the breaches committed by its bodies along with its military forces, b)for breaches committed by individuals or person authorized to implement rudiments on the behalf of the central authority, c) the individuals or entities working acting under the state’s orders committing violations shall render the state accountable for the concerned breaches; d) acknowledging and espousing as the conduct of its own the state is responsible for such conduct by the private individuals and groups.
Aiming towards the general applicability of the rule it is stated that a State shall be accountable for the internationally acclaimed unlawful conduct. Similar to the Executive, legislative, and Judiciary the military forces are acknowledged as a body of the State government. This particular article states the legal responsibility of a State for Internationally committed wrongful acts. The author with the help of several case laws such as the Distomo case, Essen Lynching case, and onwards seeks to highlight the consequences of violating the provisions of IHL.

Authored by Akashmika Jena, University Law College, Utkal University, Bhubaneswar

Increasing cases of Channel Crossings, Is Interception a reasonable solution to this problem?

Abstract-

A lot of asylum seekers try to cross the English channel through France to reach the United Kingdom and they also warn the navy that they will drown themselves if they are stopped. As these channel crossings are on a rise, there is a chaotic situation in the immigration department of the UK. These refugees have gathered in France from different parts of the world like Iraq, Afghanistan, etc. These people are suffering from a state of pandemonium and depression as they have no food, no money and no reason to continue their life. Such kind of a lifestyle has left them with only one choice i.e. to cross the English channel and reach the UK. They are also not allowed to seek employment. Most of them want to reach England as they are proficient in the English language and they have family connections there. Emigration department of UK expressed an idea of using battleships to stop such interceptions but this is not a reasonable decision. Through this blog, the author will discuss the rise of channel crossings and will throw some light on the safe and legal asylum alternatives to curb channel crossings.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

Criticizing the Hungarian Government’s callous move to starve the refugees

Abstract-

As per the reports, the Hungarian government has reached the acme of ruthlessness and sent humanity and human rights to their nadir. The reports say that Hungarian authorities have stopped distributing food to the rejected asylum seekers, who are held at the border with Serbia since August 2019. The Hungarian government, instead of finding a suitable alternative for the asylum seekers is indulged in justifying their move of letting refugees starve.

Authored by Shaurya Shukla, Chanakya National Law University, Patna.

UN’s Torture Convention

Abstract:

Torture has been used as a tool to exploit minority people from time immemorial. During war or communal violence, torture has been prevalent in countries all around the world. Convention Against Torture is one of UN based treaty to eradicate torture from this world and to retain human rights. Torture is defined in Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. This piece will attempt to break down such complex definitions and provide an accurate legal insight into the aforementioned issue.

Authored by A. Keerthikah, School of Law, Mumbai University.

Rwandan Judging It’s Genocide

Abstract:

The genocide in Rwanda, also known as the Tutsi genocide, was the massacre of the Tutsi, Twa, and Hutu moderate Hutu in Rwanda, which took place between 7 April and 15 July 1994 during the Rwandan World War. In this post, we’ll be taking a deeper dive into this cesspool of international human right violations.

Authored by Rupa Paul, Amity University, Kolkata.

Kulbhushan Jadhav-The Unknown Story

Abstract:

International abduction for spying is existing and continuing even today in many parts of the world. A case between India and Pakistan for abducting Kulbhushan Jadhav of India by Pakistan under the pretext of spying and sabotaging for destabilizing the peace of Pakistan is being discussed in this article. As part of this article, an attempt has been made to cover details about Jadhav, crimes/allegations against him and how his act was viewed by Pakistan and India and lastly how ICJ handled the case and pronounced their verdict.

Authored By S.Shaalini, VITSOL, Chennai.

Internally Displaced Persons And Breach Of National Sovereignty: Contentions And The Way Forward

Abstract:

Protect People? or Protect Sovereignty? During a crisis this the dilemma faced by those in the national government. Apropos international development, no nation is truly sovereign. Greater interests and a global world have crisscrossed our interests and made us dependent on each other. More importantly global citizens have a responsibility to help keep the world safe and free from civil disruption and terrorism. The United Nations Charter frequently stresses on the involvement of the Security Council and chapter seven determines the order of action to be taken by countries in such situations.

Authored By Tejas Sateesha Hinder and Ritik Kumar Rath, National Law Institute University, Bhopal.