StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

International Obligations and Responsibilities of Governments - Essay Example

Cite this document
Summary
The author of the paper "Human Rights Law" argues in a well-organized manner that the atrocities committed on September 11th, 2001 not only gave rise to the so-called global war on terror but also led to a campaign against international terror as outlined in the United Nations Charter…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
International Obligations and Responsibilities of Governments
Read Text Preview

Extract of sample "International Obligations and Responsibilities of Governments"

?Human Rights Law Extra ordinary rendition refers to apprehension of suspects for extrajudicial transfer from one to another. The act involves arrest of a suspect from a foreign soil after which one is transported to a foreign detention facility without observing the available legal channels. The arrest is conducted without the knowledge of the suspects’ family or the individual himself. The atrocities committed in September 11th, 2001 not only gave rise to the so-called global war on terror, but also led to a campaign against international terror as outlined in the United Nations Charter. As part of the global war on terror, governments have embraced various torturous tactics including extraordinary rendition against the suspects. Basically, the suspects are not given a chance to challenge their arrest in court and are held incommunicado. They are held and interrogated through methods that amount to torture and breach of human rights. In most cases, the suspects are tried by foreign governments and sometimes executed. Recently, a study carried out by the European parliament concluded that extraordinary rendition results to multiple human right violations such as unwarranted arrests, torture, false trials, inhumane treatment, and deprivation of liberty and to the worst death. According to both Human rights committee and committee against torture, extra ordinary rendition violates a number of provisions set out in conventions against torture. Under the Rome Statute, which established the International Criminal Court (ICC), rendition infringes on several human rights including deprivation of liberty as outlined by Article 7(1) (e), disappearance of individuals and Article 7(1) (i) torture Article 7(1) (f), which are termed as an attack on civilians. The Security Council resolution of 1483 requires all nations to play their part under the Geneva Convention of 1949. According to General Taguba, all detainees should be accorded the full protection of Geneva convection. Article 49 of the fourth Geneva Convection requires deportations and forcible transfers of persons to be protected despite the underlying motive. The European Court of Human rights requires that all movement of people from one jurisdiction to another regardless of whether it is deportation, extradition or rendition to observe the procedures set out under international and domestic laws. In Bozano v. France1, the court ruled that the procedures laid down affects the legality of holding an individual besides the validity of the transfer. The United Kingdom is not bound by any treaty in ensuring that its airports and airspace are not used for rendition practices. However, cruel and inhumane acts of torture are not allowed by United Nations Commission Against Torture (UNCAT) as defined by Article 1. In addition, Article 16 states that, “… in particular, the obligations contained in Articles 10,11,12 and 13 shall apply with substitution for references to torture or references to other forms of cruel, inhumane or degrading treatment or punishment”. These Articles refer to rules that should be observed during the interrogation process. Article 3 of UNCAT prohibit forceful extradition of any individual to a state where one is believed to be susceptible to torture and other forms of ill treatment. However, the UK is bound by the International Covenant on Political and Civil Rights and the ECHR not to engage in extradition of any person to any place that pose risk for ill treatment or torturous acts. Article 3 of UNCAT provides that all transfers including those that are extralegal should comply with the legal procedures of extradition. Otherwise, breach of the principle could result to state responsibility. The transit state and the sending state may avoid liability under the international law through diplomatic assurances between the officials of the two states that the person in question will not be subjected to ill treatment or torture. Moreover, it is argued that such diplomatic assurances cannot guarantee legality of transfers as the risk of torture still exists. In Chahal v United Kingdom2, the court ruled that it would be more objective if diplomatic assurances could be used to allow responsibility in extrajudicial transfers. Further, Article 16 adopted by International Law Commission (ILC) says, “a state that aids another state in the commission of an internationally wrongful act is internationally responsible for doing so if; that the state committed the act bearing in mind the circumstances of the internationally wrongful act and that the act would be internationally wrongful if committed by that the state”. In A (FC) and Others v. Secretary of State for the Home Department,3 Lord Bingham stated that UNCAT barred anyone from ill treatment and torture and instructed the UK government to probe any such allegations without being impartial. However, allegation that individuals are being transported to other torture cells via UK would mean a breach of UNCAT and as such should be investigated thoroughly. UK being a signatory to UNCAT, is required under Article 11 to maintain systematic interrogation rules, techniques as well as arranging for custody and fair treatment of all kinds of arrest and detentions that falls under its jurisdiction. In addition, UK is bound to shield its citizens by making sure that none is subjected to any act that may constitute a violation of international law to which it is a party. This requirement further requires the state to unravel any claim of torture that could have occurred under its territory. International obligations and responsibilities of the UK Article 1 of European Convention on Human Rights outlines the obligations on nations that should ensurethat people are not subjected to torturous acts. The Article further requires states to ensure security of every citizen within their jurisprudence. Under the International Human Rights Law, the UK is obliged; to put in place measures that ensure prosecution of individuals who engages in acts of torture, put in place effective measures to curb acts of torture, carry out official investigations in any allegations of massive ill treatment by state agents and lastly to refrain from returning a person to a state where it is highly believed there exists a danger of being tortured. Obligations and responsibilities of UK under domestic Laws Besides obligations and responsibilities under International law, a number of domestic offences would also apply to extra ordinary rendition. For instance, it is a criminal offence to subject an individual to severe pain, to aid and abet acts, which are offences and contrary to British laws. Detaining people against their will within UK jurisprudence is considered an offence of false imprisonment, and finally, according to House of Commons, it constitutes an offence by taking a person away either through force or without obtaining consent of arrest. Limitations on the obligations of the UK in the context of fight against terrorism Since UK is bound by the international law, it is thus prohibited from carrying out acts which are torturous to terrorist suspects. However, the obligations under both international and domestic laws goes contrary to the fight against terror as harsher interrogation techniques needs to be applied in deriving more information on terror. As such, the UK is prohibited by the international laws to engage in any act that constitutes extradition, forcible transfer or torture. This is because such an act could lead to exposure, of the government or individuals concerned, to the legal process. However, any act of aiding or abetting extraordinary rendition through the use of British ports is also considered a crime, which if confirmed should be fully investigated and the perpetrators prosecuted. The role of diplomatic assurances In some circumstances, the government may be forced to extradite, expel or even transfer an individual to another country especially when dealing with suspected terrorists who are not natives or to whom criminal charges are issued in a third country. However, for a case of extradition to a nation where the suspect runs a risk of being tortured, the government may at times seek diplomatic assurances to ensure that no ill treatment or torture will be effected after the transfer of the suspect. This places the concerned government within the law and in line with the non-refoulement principle. Referring to Chahal v the U.K 4case, the UK tried to extradite a terrorist suspect to India, which was rejected by the European Court of Human rights. This case led to a judicial precedence; the Chahal Principle, which complemented the non-refoulement principle in European countries. Despite the Indian government guarantee that Chahal would not suffer any act of mistreatment or torture, the court ruled that, the diplomatic assurances negotiated under this case would not give adequate security as torture was too endemic and one of the most enduring problems. Entitlement of caravans to private and family life Though the meaning of private life tends to be broad, it mainly refers to the sphere within which an individual can comfortably fulfill and nurture his personality, both to others and to the entire world. Caravans, on the other hand, are individuals who are on holiday and thus living in makeshift caravan sites. Despite not being residents, the claim by the local authorities that private and family life does not apply for caravans is not true. According to Article 8 of the European Convention on Human Rights, everyone has the right for respect of his family and private life. It goes further to state that, there should not be interference, whatsoever, by any public or local authority on the exercise of this right except in accordance with the law. In addition, the Caravan Act provides that only the site owner should be permitted to enter the pitch without prior notice, which should be for the reason of carrying out essential repairs, for electrical, water or gas meter readings or to deliver written communications. Otherwise for any other reason, the site owner should give at least a fourteen days written notice indicating the reason of entry. The Caravan Act also provides that it is illegal to either harass or forcefully evict a caravan without a court order. Caravan residents should be entitled to the enjoyment of their pitch as their home. Caravan Act 2011 provides more rights and security to people who live in Caravans as their permanent homes. Therefore, a claim by the local authority on eviction can only be practiced if the due process of law is followed. Otherwise, forceful eviction without observing the laid down legal process would be itself against the law and thus illegal. Bibliography A (FC) and Others v. Secretary of State for the Home Department, [2005] UKHL71, para 34 (Lord Bingham of Cornhill). Bozano v. France (1986) 9 EHRR 297. Chahalv. The U.K ., (22414/93) [1996] ECHR 54 (15 November 1996) Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Human Rights Law Essay Example | Topics and Well Written Essays - 1500 words - 1”, n.d.)
Human Rights Law Essay Example | Topics and Well Written Essays - 1500 words - 1. Retrieved from https://studentshare.org/law/1456550-human-rights-law
(Human Rights Law Essay Example | Topics and Well Written Essays - 1500 Words - 1)
Human Rights Law Essay Example | Topics and Well Written Essays - 1500 Words - 1. https://studentshare.org/law/1456550-human-rights-law.
“Human Rights Law Essay Example | Topics and Well Written Essays - 1500 Words - 1”, n.d. https://studentshare.org/law/1456550-human-rights-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF International Obligations and Responsibilities of Governments

Wrongfulness of State Conduct

It is also important to consider the distinction which must be established between the impact of the circumstances which do not include the wrongful act and the fulfillment of the obligations undertaken.... International law specialists declare that if a state consents to another state acting in a certain way that is actually against their legal obligations to the former, the consent would establish an agreement that supports the elimination of the effects of the obligations between the parties....
10 Pages (2500 words) Essay

Ethics and International Affairs

Nevertheless, the responsibilities of a business are markedly different from the obligations of an individual.... Particularly, the specific ethical responsibilities of businesses are based on the specific functions managers serve in business organizations.... In each of these functions, managers have specific responsibilities.... The paper presents multinational corporations, or businesses operating in foreign countries, that becomes a focus of analysis by academic professionals who study the moral and ethical obligations of businesses to the society....
10 Pages (2500 words) Case Study

International Human Rights Law

These rights represent entitlements of the individual or groups vis--vis the government as well as responsibilities of the individual and the government authorities.... The United Nations Charter also imposed human rights obligations on all member states, pursuant to which the General Assembly approved the Universal Declaration of Human Rights (1948).... Traditional international law did not recognise human beings and treated individuals as objects; their rights were derivative from the rights of states....
11 Pages (2750 words) Essay

European Union Competition Law

In other words, the powers and responsibilities of the Commission are subject to the rules of the Treaty.... Therefore, Article 86(3) provides some specific tools, which can be used while carrying out its responsibilities and functions.... The Treaty Articles specify the obligations of Member States, in the context of public undertakings or other undertakings that have special or exclusive rights.... In fact, the Commission cannot impose new requirements and obligations on the Member States....
16 Pages (4000 words) Essay

Law of Obligations

The Law of obligations and Contracts deals with obligations, and duties concerning agreements and contracts.... This paper "Law of obligations" discusses the law of obligations that was originated from the Roman law which means 'Legal Bond'.... Contract Law is one of the branches of this law....
10 Pages (2500 words) Case Study

What moral obligations do we owe foreigners

These duties and responsibilities are our moral obligations, by considering what is right and wrong and feeling as if you are bound to make a.... These duties and responsibilities are our moral obligations, by considering what is right and wrong and feeling as if you are bound to make a decision with your own set of values in mind.... However a disadvantage of such Free Trade Agreement is that the domestic businesses fail to get the governments aid as nowadays the populated prefer imported goods over domestic ones....
2 Pages (500 words) Essay

Corporate Responsibilities and Obligations under National and International Law

The "Corporate responsibilities and Obligations under National and International Law" paper contrasts the differences existing in international and US national law, especially regarding the social and legal obligations of corporations.... The essay is focused on the reasons for the companies having the legal, corporate, and socioeconomic responsibilities and obligations under both laws.... international law contains the principles and rules of general applications that deal with organizations that are operating within the United States and also outside the country....
9 Pages (2250 words) Research Paper

International Human Rights Law

governments have also taken the forefront in fostering of corporate culture that respects human rights.... From the paper "international Human Rights Law" it is clear that legal measures include; national laws, extra-territorial laws, soft laws and international laws.... However, it does not suggest that the available international human rights laws are vested with the responsibility of directly addressing corporations nor try any type of 'binding' regulation available globally....
12 Pages (3000 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us