Human security and international law

(Borrowed from 2008 lecture by Professor Gro Nystuen, University of Oslo)

Human security from a legal point of view

• Law is a normative tool.

• Law determines: – rights and obligations – (normally) implementation mechanisms– (often) sanctions against non compliance

• Law can ‘grip’non-state actors as well as or even better than states

• Human Security is not ‘law’ but law can be used to define what it is and safeguard it

Jus ad bellum and jus in bello

• Jus ad bellum are the international rules pertaining to to which extent the use of military force against another state is allowed. - Limits damage done to human security by war as such; indirectly limits militarization and associated damage to human security + liberties

• Jus in bello are the international rules pertaining to how armed conflict must be conducted. - Limits nature/scale of damage including to civilians, also in intra-state or non-state war

International law relevant to ”human security”:

• International humanitarian law:

• Agreements between states on how to conduct war, and on protection of individuals (civilians and combattants)

• International human rights law:

• Agreements between states regulating the relationship between each state and the individuals over which it has jurisdiction

The Content of IHL is PROTECTION of

1) Combatants:- Soldiers/officers- Others (participants in hostilities)

2) Non-combatants:- Soldiers hors de combat (Sick, wounded,

surrendered, POWs)- Civilians

The Content of HRL is PROTECTION

of all persons within the jurisdiction of a State (regardless of citizenship) against abuse of power of State authorities, or failure by State authorities to ensure human rights

International Human Rights Law

Point of departure: Restrictions on arbitrary abuse of power by the state

General treaties: •International Covenant on Civil and Political Rights (1966)•International Covenant on Economic, Social and Cultural Rights (1966)•European Convention on Human Rights and Fundamental Freedoms (1950)

Special Treaties:•Convention on Torture •Convention on Racial Discrimination•Convention on Discrimination of Women (NB UNSCR 1325)•Etc..

• International humanitarian law

• The point of departure: restrictions on how to conduct warfare

• General Rules:

• The four Geneva Conventions (1949):• 1: Wounded and sick soldiers on land• 2: Wounded and sick soldiers on sea• 3: Prisoners of war• 4: Protection of civilians and occupation

• The two Additional Protocols (1977): Additional rules on means and protection• 1) In international armed conflicts• 2) In non-international armed conflicts

• Other special rules mostly on weaponry:

• NPT (non-proliferation of nuclear weapons) 1968 • Biological and Toxin Weapons Convention 1972• Environmental Modification Convention 1977• Convention on inhumane weapons (CCW) 1980

(What is a ‘cushie’ weapon?)• Chemical Weapons Convention 1993• Anti Personnel Mines (Ottawa Treaty) 1997• Use of lasers for blinding• Cluster munitions 2008

Remedies and monitoring mechanisms under humanitarian law (IHL) and human rights law (HR)

Duty-bearers

Rights-holders

Remedies

International humanitarian law (IHL)

STATES

INDIVIDUALS (including members of armed groups)

STATES

INDIVIDUALS(including members of armed groups)

ICJ and other treaties

National courtsNuremberg/TokyoICTY/ICTRICC

International humans rights law (HRL)

STATES INDIVIDUALS (persons)

STATES

International HR courts and other monitoring bodies

ICJ and HR Courts etc

Examples of recent and emerging law in the area of human security

• UN Convention on the Rights of Disabled Persons

• Protocol (individual complaint system) to the UN Covenant on Economic, Social and Cultural Rights

• ICC statute and other tools for post-conflict justice

• 2005 UN Summit formulation of Responsibility to Protect