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Comprehensive summary of book International Crimes and Other Gross Human Rights Violations (Smeulers & Grünfeld, 2011)
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Summary of the following chapters: Chapter 1, 2, 3, 4, 5, 8, 9, 14
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SamenvattingInternational Crimes and other Gross Human Rights Violations: A Multi- and Interdisciplinary
Textbook (Alette Smeulers & Fred Grünfeld, 2011)
Part One: Introduction
Chapter One: International Crimes and other Gross Human Rights Violations around the world
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I. Introduction
II. International Human Rights Law
The first human rights documents:
- Magna Carta (1215): Proclaimed by King John of England.
- 3 most important historical documents: (1) The English Bill of Rights (1689) (2), United
States Declaration of Independence (1776), (3) French Declaration of the Rights of Man
(1789): Inspiration for Europa constitutional rights.
→ Historical context: First HR was national concern.
The United Nations:
- Formation: Formed after the horrors of the holocaust of WW2.
- Shift: National concern → international concern. Because (1) universal respect for human
rights is crucial for international peace and security, (2) states wanted to stress that certain
rights were inalienable.
- Purposes: Universal respect for fundamental human rights linked to the establishment of
international peace and security → innovative link.
- Organisation:
● General Assembly = All members UN. Discuss matters, initiate studies and make
recommendations for promoting international cooperation and assisting in the
realisation of human rights.
● Security Council = Main aim is to maintain international peace and security. Only
organ in the UN that decides on the use of military force.
➢ Art. 2(4): ‘All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in any other
manner inconsistent with the purposes of the United Nations.’
➢ 2 exceptions to the absolute nature of state sovereignty: (1) state can
legitimise the right to self-defence against armed attack, (2) when a situation
is a threat of peace, the SC may decide to impose mandatory measures and
resort to use of armed force to restore peace.
➢ Tribunals:
1. International Criminal Tribunal for the Former Yugoslavia (ICTY)
= UN SC determined that it was important to bring the perpetrators to
justice for restoration and maintenance of peace.
2. International Criminal Tribunal for Rwanda (ICTR) = UN SC
declared Rwanda & Burundi as a threat to peace and security.
● Economic and Social Council (ECOSOC) = Most important to HR. Make reports
and recommendations for the General Assembly. They established a Commission on
Human Rights and a Sub-Commission on Prevention of Discrimination and
Protection of Minorities.
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