Black Letter Outline on International Human

This study aid has an extensive section on humanitarian intervention by states and by the United Nations, and it outlines the most recent Chapter VII enforcement actions by the U.N. Security Council, chronicling its legal and historical development. The book covers some currently prominent areas of human rights, such as refugee law, women's rights, and children's rights. It includes the most recent cases, including critical cases in 2001 and 2002. It covers the humanitarian rules of warfare, including a section on the post-September 11 developments, combatant status, and the legal issues surrounding the establishment of the military commissions.

Capsule Summary

1

(12)

Perspective

13

(4)

Rights of Individuals

17

(2)

Brief History

17

(2)

Human Rights and the United Nations

19

(6)

The U.N. Charter

19

(1)

The Universal Declaration of Human Rights

20

(1)

U.N. Human Rights Covenants

21

(1)

UN Human Rights Institutions

22

(1)

The Role of Specialized Agencies of the U.N.

23

(2)

Fundamental Human Rights

25

(10)

Right of People to Self--Determination

25

(1)

Defining a ``People''

26

(1)

Legal Status of Principle of Self--Determination

26

(1)

Rights of Indigenous Peoples

26

(1)

Civil and Political Rights

27

(1)

Economic, Social and Cultural Rights

27

(1)

Prohibition of Slavery

27

(1)

Genocide

27

(1)

Crimes Against Humanity

28

(1)

Prohibitions of Discrimination

28

(3)

Freedom From Torture

31

(1)

Rights of Refugees

31

(2)

Convention on the Rights of the Child

33

(2)

Newly Emerging Rights and Fundamental Rights Recognized as Customary International Law

35

(2)

Restatement § 702 of U.S. Foreign Relations Law

35

(1)

Creation of Customary Human Rights Law

36

(1)

The Evolution of New Rights

36

(1)

Derogation From Protection of Rights

37

(4)

The International Covenant on Civil and Political Rights

37

(1)

European Convention for the Protection of Human Rights and Fundamental Freedoms

38

(3)

The International Courts

41

(8)

The International Court of Justice

41

(4)

The International Criminal Court

45

(1)

Other International Courts of European Jurisdictions

45

(4)

Regional Organizations

49

(4)

Basic Characteristics

49

(1)

Major Organizations

50

(1)

Functions

50

(1)

Relationship To U.N.

51

(1)

The Organization for Security and Cooperation in Europe

51

(2)

Regional Human Rights Law and Institutions

53

(18)

The European System

53

(3)

The Institutions of the European Regime

56

(1)

The Process of Implementation and Enforcement

57

(2)

Inter--American System---Human Rights Law

59

(11)

African Regional System---Human Rights Law

70

(1)

Humanitarian Intervention by the U.N.

71

(8)

Historic Development of the Security Council

71

(2)

Pacific Settlement of Disputes

73

(1)

Action With Respect to Threats to the Peace, Breaches Of The Peace, and Acts of Aggression

73

(6)

Humanitarian Intervention by States

79

(2)

Pro--Interventionist

79

(1)

Anti--Interventionist

79

(2)

The Humanitarian Law of Armed Conflict

81

(10)

Sources of the Law of Armed Conflict

81

(1)

Protections Provided by the Hague and Geneva Conventions

82

(3)

Conflicts Encompassed by the Geneva Conventions and Protocols

85

(1)

Applicability of General Human Rights Obligations During Armed Conflict

86

(1)

Sanctions and Enforcement: Several Treaties and Conventions Contain Sanctions and Enforcement Provisions

86

(3)

September 11, 2001 and ``Unlawful Combatant'' Status

89

(2)

Sources of Human Rights Law

91

(6)

Two Approaches to Customary International Law

91

(1)

Establishment of an International Custom

92

(2)

Resolutions and Recommendations of International Organizations

94

(1)

Application of International Customary Law

94

(1)

Relationship Between Treaties and Customary International Law

95

(2)

General Principles of Law

97

(2)

Limited Application of General Principles

97

(1)

Decreasing Importance as a Source of International Law

97

(1)

Application of General Principles for Procedural Matters

98

(1)

Extradition

99

(6)

Obligation to Extradite

99

(1)

Extraditable Offenses

99

(1)

Nationals of the Asylum State

100

(1)

Process of Requesting Extradition

100

(1)

Standard Treaty Limitations on Extradition

100

(2)

Methods Employed to Avoid the Safeguards of Extradition Treaties

102

(3)

Enforcement of Human Rights Law in the U.S. and Other Domestic Courts

105

(34)

The Alien Tort Statute

106

(1)

U.S. Treaty Law

106

(5)

APPENDICES

A. Essay Exam Questions and Answers

111

(20)

B. Text Correlation Chart

131

(2)

C. Glossary

133

(2)

D. Table of Cases

135

(2)

E. Table of Treaties

137

(2)

F. Index

139

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Black Letter Outline on International Human Rights 2003

Summary

Table of Contents

Supplemental Materials