Hamed
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Transcript of Hamed
Collateral Human Rights Agreements: Contemplation on anctioning violations
and Enhancement of Enforcement of Human Rights Law
Hamed Hashemi Sougheh &Rohaida Nordin
Issue:• Some governments commit mass violations of human
rights. • In cases of widespread and severe violations on human
rights, the Security Council has become unable to make any quick action subject to the Veto right and the conventional sanctions included as embargo, economic and diplomatic sanctions are not much effective
Enforcement of Human Rights Law
International Level
UN
Regional Settlements
Domestic Level
Definition of Sanctions:
• Sanctions are means of law enforcement [Bowden & Farrall].
• Cause: in response to wrongful act(s) [Masaka].
• Goal(s): Change of behavior or imposing difficulty on the law violator(s).
International Sanctions
Non-Military
Economic
Diplomatic
Smart
Military Humanitarian Intervention
Facts on Effectiveness of Sanctions:• Economic international Sanctions only achieved 5% of
their goals[Hufbauer et al. & Pape].• Economic sanctions rarely bring pressure on
governmental elites and usually pose difficulties on innocent civilians.
• Natural resources such as oil and gas are not somehow sanctionable.
• Sanctions against USSR, Cuba and Iraq failed.
• Diplomatic sanctions hinder applicability of economic sanctions and monitoring the emanated results.
• Military sanctions are violations of “right to self-determination” [Caody & Acharaya].
• “Veto” right may void any humanitarian intervention. U.S vetoed the resolution on condemnation of Israel in 1967 for violating the sovereignty of Uganda; Russia and China vetoed all the resolutions that engage in any military action against Syria.
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UN Sanctions Regional Systems Domestic Level
Effectiveness of Enforcement of Human Rights Law
Series 3
Series 2
Series 1
Regional Settlements
European Court on Human Rights
Inter-American Court on Human
Rights
African Court on Human and
Peoples rights
Is there any legal solution to improve the enforcement of human rights specifically in
those States that no regional mechanism covers them?
Legal Facts:• States may bound themselves under international law
by treaties.• In majority of countries, according to the constitution,
ratification of international treaties makes them part of the domestic legal system(s) and accordingly, the international norms are enforced by government(s) at the level of domestic laws.
• Human rights had been the subjects of many international treaties and Statutes.
Collateral Human Rights Agreements (CHRAs): • Definition: To bind specific State under human rights law
in post-conflict era, by a collateral treaty. • Advantages of CHRAs : Address specific regimes, flexible
and may be consistent with the unique geo-political, cultural, religious, and economic position of the contracting parties.
• May convert to domestic legal rules and enjoy the sturdy sanctions of domestic laws.
• Catalyze the process of imposition of sanctions and might have a prophylactic effect on enforcement of human rights.
Law can not be invented; are these new generation of treaties supported by international practice?
Currant Practices
Diplomatic Assurance
Saadi Case &Chahal Case
Security Agreements
US & IraqUS & Afghanistan
Domestic Legislation
Republics of Czech & Kosovo