International Law CREATEDATE 11/5/09 7:58 AM Reports: Periodic reporting Enforcement Monitoring Example: Treaty could say that, when a state ratifies a treaty, that state assumes the obligation to give a report to the committees of experts for the treaty, within 2 years of ratifying the treaty. And then every 4 years, or as the committee decides. Must find something like this within the treaty What should the report have in it? What has the country done to comply with the treaty What their problems are What are the obstacles to overcoming this This should be a realistic assessment regarding the treaty (example: if it?s on children, how are children REALLY being treated in the country?) This is not supposed to be to put the states on trial Once these problems have been named, the committee can give advice on what to do. Often times the committee will recognize the state for being open and honest However, because the report is open, this leads to bad publicity. What are the problems with this system Countries have the obligation to report. But what really happens with this? Are they on time? If not, how late are they? A lot of times, they don?t report If they do report, relatively few do so on time. Most are late a year to two years. Means large amount of non-compliance to the reporting aspect. Question? Would more democratic countries get their stuff in on time? Need to have some level of bureaucratic sophistication in order to put together this report. Needs a level of infrastructure, and higher level of economic and diplomatic capabilities. Can we help other states put together reports? Sometimes Also, some NGOs put together data on this. The International Women?s Rights Action Watch (IWRAW) gathers data from local NGOs, is that what the governments report is not quite true. So NOW, the committees receive NGO information. But this still has not changed the lack of reporting, lack of compliance. DEMOCRATIC STATES ARE BECOMING LESS COMPLIANT, AND ARE NO MORE COMPLIANT THEN ANYONE ELSE There are two aspects of the report: Do you comply with the reporting? What is the quality of the report being turned in? What is necessary for someone to bring a case to an international court? (HR specific) NECESSARY: The individual has exhausted domestic legal remedies If Richard Row, in France, wants to take his case to the European Court on Human Rights, he can do this, as long as he?s exhausted domestic legal remedies. In this example, this could be judicial and non-judicial. Could have an administrative remedy. i.e.- The first line of defense for HR is domestic remedies Why do we do this?: Keep the courts from being flooded with trivial claims. This already happens in domestic courts This is evidence of dualism GENOCIDE: Where would you look to find out what it is? The Genocide Convention Genocide is not just what you THINK it is, it?s what the Genocide Convention SAYS it is. The US took 40 years to sign the treaty Why? LeBlanc USED to think that Genocide was Mass Murder, like the Jews during WWI. BUT, according to a sen. From NY ?Genocide is mass murder and more!? Article 2: Defines Genocide: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: In whole or in part: look at past legislation. It also is all-encompassing language. Means you don?t have to have killed a whole group in order to have committed genocide. Means that one person could be a victim of genocide. In the US, we call this a hate crime Intent to Destroy: This is not a human rights treaty, just because it is about the right to life. It?s is a international criminal law treaty. Criminal law treaty But there is a difference between murder and genocide. ?sometimes the court judgments really suck!?-LeBlanc in a court, the prosecution has to prove that the defendant had the intent to destroy SIDEBAR: Genocide-like act = looks like genocide, but isn?t, because it doesn?t mean part of the definition. Politicide = political groups The Groups: the convention was in 1948- covering those who had already fallen victim to genocide. Jews were covered as a religious group, a racial group, ethnic, national, etc. (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.
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