Equality and Human Rights: The United Nations and Human Rights System (September 16, 2023)

Sovereign Equality of States/Principle of sovereign equality

UN Charter of 1945

• All states are equal before international law no matter the size of their territory, population, economy or military.
• All states have equal rights and duties under international law, and that no state has the right to interfere in the internal affairs of another state.

Positive Consequences:

• All states have a voice in international affairs. 
• All states have the opportunity to participate in international organizations and to negotiate and conclude treaties. This helps to ensure that the interests of all states are represented in the development of international law and policy.
• No state has the right to interfere in the internal affairs of another state. 
• This helps to protect the sovereignty of all states and to prevent the use of force or coercion to achieve political objectives.
• States have the right to develop their own political, economic, and social systems without interference from other states. 

Negative Consequences:

• The principle can be used to justify human rights abuses and other violations of international law. 
• For example, some states have claimed that the principle of sovereign equality gives them the right to violate the human rights of their citizens without interference from other states.
• The principle can make it difficult to address global problems such as climate change and poverty.
• This is because states may be reluctant to cooperate on these issues if they believe that it will compromise their sovereignty.
• The principle can be used by powerful states to protect their interests at the expense of weaker states. 
• For example, some powerful states have used their economic and military power to bully weaker states into accepting unfair trade deals or other concessions.

Principle of Auto-limitation

The principle of auto-limitation of sovereignty emphasizes a situation wherein the state through the legislature imposes self-limitation on the exercise of its power out of respect for the relations that it created.

UN Human Rights System

The UN Human Rights System is a collection of international treaties, mechanisms, and institutions that work to promote and protect human rights around the world. The system is based on the principle that all human beings are born free and equal in dignity and rights.

The UN Human Rights System includes the following:

International human rights treaties: These treaties set out specific human rights that all states are obligated to respect, protect, and fulfill. There are currently 7 core international human rights treaties, covering a wide range of rights, including civil and political rights, economic, social, and cultural rights, and the rights of women, children, and minorities.

1. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965
2. International Covenant on Civil and Political Rights (ICCPR) 1966
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)1966
4. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984
6. Convention on the Rights of the Child (CRC) 1989
7. International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families (ICMRW) 1990

Treaty bodies: These are committees of independent experts that monitor the implementation of the international human rights treaties. Treaty bodies review state reports, conduct country visits, and issue recommendations to states on how to improve their human rights record.

1. Committee on the Rights of the Child
2. Committee on Economic, Social and Cultural Rights
3. Committee on the Elimination of Discrimination against Women
4. Committee on the Elimination of Racial Discrimination
5. Committee against Torture
6. Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
7. Committee on the Rights of Persons with Disabilities
8. Committee on Enforced Disappearances
9. Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
10. Human Rights Committee

Human Rights Council: This inter-governmental body is responsible for strengthening the promotion and protection of human rights around the world. The Human Rights Council oversees the work of the treaty bodies and other human rights mechanisms, and it also conducts its own investigations into human rights abuses.  It reviews the human rights records of all UN member states and makes recommendations for improvement.

Special procedures: These are independent experts who are appointed by the Human Rights Council to investigate and report on specific human rights situations or thematic issues. Special procedures experts have the power to visit countries, meet with victims, and issue public reports on their findings. As of October 2022, there are 45 thematic and 14 country mandates.

Office of the High Commissioner for Human Rights (OHCHR): The OHCHR is the main UN body responsible for human rights. It provides technical assistance and support to states to help them implement their human rights obligations. The OHCHR also monitors human rights situations around the world and advocates for the protection of human rights.

The Universal Periodic Review (UPR): Unique mechanism of the Human Rights Council that calls for each UN Member State to undergo a peer review of its human rights records every 4.5 years.

Functions of the Security Council of the United Nations

The Security Council of the United Nations has the primary responsibility for the maintenance of international peace and security. This means that it has the authority to take action to prevent and resolve conflicts, and to protect civilians from harm.

The Security Council has a number of specific functions, including:

1. Investigating any dispute or situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
2. Recommending methods of adjusting or settling disputes or situations so as to prevent a breach of the peace.
3. Calling upon Members to apply measures which are not involving the use of armed force in order to maintain or restore international peace and security.
4. Taking action by air, sea, or land forces as may be necessary to maintain or restore international peace and security.
5. Establishing such subsidiary organs as it deems necessary for the performance of its functions.

The Security Council has a number of tools at its disposal to carry out its functions, including:

• Envoys and special representatives: The Security Council can send envoys and special representatives to conflict zones to mediate between the parties and to promote peace and security.
• Peacekeeping operations: The Security Council can authorize peacekeeping operations to deploy to conflict zones to monitor ceasefires, protect civilians, and support peacebuilding efforts.
• Economic sanctions: The Security Council can impose economic sanctions on countries that are violating international law or that are posing a threat to international peace and security.
• Military force: The Security Council can authorize the use of military force to enforce its resolutions and to protect civilians from harm.

The Security Council is the most powerful organ of the United Nations. It has the authority to take action that is binding on all UN member states. 

However, the Security Council is also subject to the veto power of the five permanent members: China, France, Russia, the United Kingdom, and the United States. This means that the permanent members can block any Security Council resolution, even if it has the support of the other members. The UN's Membership has grown from the original 51 Member States in 1945 to the current 193 Member States.

Yalta Formula

The Yalta Formula is a voting procedure that was agreed upon by the leaders of the United States, the United Kingdom, and the Soviet Union at the Yalta Conference in February 1945. The formula was designed to ensure that the five permanent members of the fifteen members would have equal veto power over all substantive decisions.

Under the Yalta Formula, decisions on procedural matters require a simple majority of the Security Council's members. Decisions on substantive matters require the concurrence of all five permanent members of the Council: China, France, Russia, the United Kingdom, and the United States. This means that any one of the permanent members can veto any substantive decision.

The Yalta Formula has been controversial since its inception. Some critics argue that it gives the permanent members too much power and that it undermines the principle of sovereign equality of states. Others argue that the veto power is necessary to prevent the Security Council from taking action that could harm the interests of the permanent members.

Despite its critics, the Yalta Formula remains in place today. It is a key part of the structure of the United Nations Security Council and it has played a role in shaping the course of international affairs since 1945.

The Yalta Formula has been used to veto a number of important Security Council resolutions over the years. For example, the Soviet Union used its veto to block resolutions that would have condemned its invasion of Hungary in 1956 and its invasion of Czechoslovakia in 1968. The United States has also used its veto on a number of occasions, including to block resolutions that would have imposed sanctions on Israel or that would have recognized the Palestinian state.

The Yalta Formula has also been used to approve a number of important Security Council resolutions, including resolutions that authorized the use of force in Korea in 1950 and in Iraq in 2003.

Rights of States

Some of the most important rights of states under international law include:

• Sovereign equality: 
• All states are equal before international law, regardless of their size, power, or wealth. This means that all states have the same rights and duties under international law.
• Territorial integrity: 
• States have the right to control their own territory and to defend it from external attack.
• Political independence:
• States have the right to choose their own form of government and to conduct their own foreign affairs without interference from other states.
• Non-intervention: 
• States have the right to non-interference in their internal affairs. This means that other states are not allowed to interfere in the domestic affairs of another state, such as by supporting rebels or imposing economic sanctions.
• Peaceful settlement of disputes: 
• States have the right to peacefully settle their disputes with other states. This means that states are not allowed to use force to resolve their disputes unless they are acting in self-defense.
• Access to the international legal system: 
• States have the right to access the international legal system to seek redress for violations of their rights. This means that states can bring cases against other states before international courts and tribunals.

Right to Independence and Sovereignty

The right to independence and sovereignty is a fundamental principle of international law. It states that all states have the right to exist as independent political entities and to conduct their own affairs without interference from other states.

The right to independence and sovereignty is enshrined in the United Nations Charter, which states that all member states are equal and have the right to self-determination. The right to self-determination means that states have the right to choose their own form of government and to determine their own political, economic, and social systems.

The right to independence and sovereignty is not absolute. There are certain circumstances in which states may be justified in violating the sovereignty of another state, such as in cases of self-defense or when acting under the authority of the United Nations Security Council.

However, the right to independence and sovereignty is a fundamental principle of international law. It is essential for maintaining international peace and security, and for promoting cooperation between states.

Here are some examples of the right to independence and sovereignty in international law:

1. The right of a state to choose its own form of government.
2. The right of a state to conduct its own foreign affairs without interference from other states.
3. The right of a state to control its own territory and to defend it from external attack.
4. The right of a state to non-interference in its internal affairs.
5. The right of a state to peacefully settle its disputes with other states.

Right to Territorial Integrity and Jurisdiction

The right to territorial integrity and jurisdiction is a fundamental principle of international law. It states that states have the right to control their own territory and to exercise jurisdiction over their citizens and affairs.

The right to territorial integrity is enshrined in the United Nations Charter, which states that all member states have the right to "sovereignty over their territory." The right to jurisdiction is also protected by customary international law.

The right to territorial integrity and jurisdiction is not absolute. There are certain circumstances in which states may be justified in violating the territorial integrity or jurisdiction of another state, such as in cases of self-defense or when acting under the authority of the United Nations Security Council.

Here are some examples of the right to territorial integrity and jurisdiction in international law:

1. The right of a state to control its borders and to regulate the movement of people and goods across its borders.
2. The right of a state to exercise jurisdiction over its citizens and businesses, even when they are located outside of the state's territory.
3. The right of a state to exercise jurisdiction over its citizens and to prosecute them for crimes committed within its territory.
4. The right of a state to exploit its natural resources within its territory.
5. The right of a state to establish its own laws and regulations and to enforce those laws and regulations within its territory.

The right to territorial integrity and jurisdiction is a complex and evolving concept. For example, states may need to cooperate to combat transnational crime, such as drug trafficking and terrorism. States may also need to cooperate to protect the environment, such as by regulating emissions of greenhouse gases.

Right to Equality

Right to Existence and Self-defense

The right to existence and self-defense are two fundamental principles of international law.

The right to existence is the right of a state to exist as an independent political entity. It is enshrined in the United Nations Charter, which states that all member states have the right to "the territorial integrity and political independence" of their country.

The right to self-defense is the right of a state to use force in response to an armed attack. It is also enshrined in the United Nations Charter, which states that states have the inherent right of individual or collective self-defense if an armed attack occurs against them.

The right to self-defense is not unlimited. States may only use force in self-defense if the attack is imminent, or if the attack has already occurred. States must also use force proportionately and only to the extent necessary to repel the attack.

The right to existence and self-defense are important because they help to protect the security and well-being of states. They also help to promote peace and stability in the international community.

Here are some examples of the right to existence and self-defense in international law:

1. The right of a state to defend itself from an invasion by another state.
2. The right of a state to defend its citizens from attack by terrorists.
3. The right of a state to intervene in another state to prevent genocide or other serious human rights violations. (Humanitarian intervention)
4. The right to existence and self-defense are complex and evolving concepts. It is important to strike a balance between the right of states to defend themselves and the need to maintain international peace and security.

For example, states may cooperate to combat terrorism. However, this cooperation must be conducted in a way that respects the right of states to self-defense.

Case: US vs Nicaragua, ICJ 1984, ICJ 39

On April 9, 1984, Nicaragua filed a case against the United States regarding military and paramilitary activities, alleging that the United States had violated international law by supporting the Contras, a rebel group fighting against the Nicaraguan government. Nicaragua also alleged that the United States had laid mines in Nicaraguan ports and engaged in other acts of aggression.

On May 10, 1984, the International Court of Justice (ICJ) ordered provisional measures, including the cessation of actions restricting access to Nicaraguan ports. The ICJ emphasized the principles of sovereignty, political independence, and non-intervention in domestic affairs.

The court first addressed jurisdiction and admissibility, with El Salvador attempting to intervene requesting permission to claim that the Court lacked jurisdiction to entertain Nicaragua’s Application. The Court decided that El Salvador’s declaration of intervention was inadmissible inasmuch as it related to the jurisdictional phase of the proceedings.

On November 26, 1984, the ICJ ruled that it had jurisdiction and that Nicaragua's application was admissible.

The United States chose not to participate further in the proceedings from January 18, 1985.

Oral arguments and witness testimony took place in September 1985.

On June 27, 1986, the ICJ delivered a judgment. The judgment concluded that the U.S. violated international law by intervening in Nicaragua's affairs and committing acts that disrupted maritime commerce.

The U.S. was ordered to cease these actions, make reparations for injuries to Nicaragua, and discuss the reparation amount.

The Court also found that the United States had violated certain obligations arising from a bilateral Treaty of Friendship, Commerce and Navigation of 1956, and that it had committed acts such to deprive that treaty of its object and purpose.

Nicaragua informed the ICJ in September 1991 that it no longer wished to continue the case, and the United States welcomed this decision.

The case was subsequently removed from the ICJ's list by the President's order on September 26, 1991.

The ICJ's decision in Nicaragua v. United States clarified the law on the use of force and the principle of non-intervention. The decision also established that the ICJ has jurisdiction to hear cases brought against states that have withdrawn their declarations accepting the Court's compulsory jurisdiction.