Unit 6
International Law and Human Rights

Overview

In this unit we begin to examine the expansion of international law into new areas as we review the development and evolution of international legal instruments to protect human rights. Although this is an area where the first international efforts to protect individuals appeared in the nineteenth century, most of the effort has been in establishing standards rather than in providing opportunities for better protection of human rights. Developments in this latter area, however, are most readily apparent in the establishment of criminal tribunals discussed in the last unit and the establishment of a permanent criminal court at the international level. In 1998, the Rome Statute of the International Criminal Court (or Rome Statute) established the ICC to give such protection a more permanent institution. This unit will provide an understanding of these legal instruments as well as the political and ideational factors that have promoted enhanced legal protections for human rights at the global level. This unit is also a most appropriate place to consider some of the human rights issues raised by policies and practices adopted as part of the “war on terror. ”

Learning Objectives

When you have completed Unit 6, you should be able to achieve the following learning objectives:

1. Discuss the sources of international legal action in the area of human rights
2. Explain the role of the UN in advancing international attention and action on human rights
3. Identify the reasons for the establishment of the ICC
4. Explain how national governments and NGOs influenced the establishment of the ICC
5. Explain how the ICC will operate
6. Explain the relationship between domestic and international law in the arena of human rights
7. Explain how modern laws of warfare distinguish between combatants and non-combatants
8. Assess the relevance of international law in the “war on terror”
9. Discuss how concerns with security have affected the protection of human rights