Glossary-of-terms.doc

International Law Glossary: a non liquet = a legal question to which there is no answer a titre de souverain: in the name of the sovereign; assertion of territorial acquisition The Blue List: the diplo list maintained by the Department of State; name on the list doesn’t necessarily mean that the Executive has endowed you with diplo immunity Cession: when one state gives away land Secession: when an area breaks away from one state Charming Betsy Presumption: akin to the U.S. Avoidance Canon; “an Act of Congress ought never to be construed to violate the law of nations if any other possible construction remains”; this is a tough task since proper interpretation of a treaty is an int’l question as to which courts of the U.S. have less leeway; the disposition to construe a treaty to avoid conflict with a state statute is less clear (pg. 220); sensible approach especially since most national legal systems follow it - - allows states to reconcile domestic and international obligations Comity: politeness between states; respecting the interests of other states. Constitutive Recognition: the act of recognition by other states confers int’l personality on an entity purporting to be a state; in effect, the other states by their recognition create the new state Declaratory Recognition: existence or disappearance of a state is a question of fact and whether those facts meet the criteria for statehood established by int’l law; primary function of recognition is to acknowledge the fact of the state’s political existence and to declare the recognizing state’s willingness to treat the entity as an int’l person, with the full rights and obligations that go along with that (most authority and practice lies here) Dualism: regard international law and municipal law as separate legal systems which operate on different levels; international law can be applied by municipal courts only when it has been ‘transformed’ or ‘incorporated’ into municipal law; international law, as incorporated into municipal law, is subject to constitutional limitations applicable to all domestic law, and

may be repealed or emphasize the international legal personality of states, rather than of individuals or other entities. (this is the U.S. approach for the most part ); con = it may be harder to enforce international law with this; Preserves localism and democracy. But your government participated in international norm. Implementing legislation is needed. Erga omnes: a legal obligation toward all; ususally used in reference to human rights or environmental issues. The term falls within the International Law Principle of Universality, that is the idea that certain activities are so reprehensible that the rules of jurisdiction are waived so that any state may apprehend an alleged perpetrator and try them under their own jurisdiction. Such crimes might include: piracy, slave trade, operating a "stateless vessel", genocide, and war crimes. The Estrada Doctrine (p. 297): adopted by Mexico; generally understood to mean that recognition of gov’ts is unnecessary once the state has been recognized by another state. Forum Prorogatum: takes place if the parties to a dispute, after the initiation of proceedings consent to the jurisdiction of the ICJ; without this consent, the Court would not be in the position to exercise jurisdiction; A state can also invoke by pleading to the merits of a claim without raising any objections to jurisdiction. In this case, if the D loses on the merits, the court will exercise jurisdiction.Exceptional situation in 36(1). Gentlemen’s Agreements: treaties that intend to create only political or moral, as opposed to legal, committments Int’l legal person: Subjects of int’l law include persons and entities capable of possessing int’l rights and duties under int’l law and endowed with the capacity to take certain types of action on the int’l plane Intertemporal Law: looking at law in force at the relevant time: promotes stability and fairness. jus ad bellum: are a set of criteria that are consulted before engaging in war, in order to determine whether entering into war is justifiable.

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jus cogens: (“compelling law”) a mandatory norm of general international law from which no two or more national may except themselves or release on another; the fundamental peremptory norms, can only be replaced by another norm of the same level; a fundamental norm that can’t be derogated by treaty jus in bello: The laws of war, which define the conduct and responsibilities of belligerent nations, neutral nations and individuals while engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. • Applies to all parties whether the underlying cause is just or unjust. les ferenda: law in formation lex lata: existing law The Lotus Principle: At the International Court of Justice (ICJ) hearings in 1996 the UK argued that in international law, if something is not actually forbidden, then it is permitted; so called because in the 1920’s a ship of that name featured in a decision made by the ICJ's predecessor, the Permanent Court of International Justice. Martens Clause = civilians and combatants remain protected under intl. law Monism: regard international law and municipal law as parts of a single legal system; traditionally, municipal law is seen as ultimately deriving its validity from international law, which stands ‘higher’ in a hierarchy of legal norms; international law cannot be subject to domestic law, not even to constitutional limitations; find it easier to maintain that individuals have international legal personality; (Netherlands is a good example of this); Better chance for enforcing IL. No implementing legislation if needed to incorporate IL into the state’s legal system. Opinio Juris sive necessitatis: (“opinion that an acct is necessary by rule of law”)The principle that for a country’s conduct to rise to the level of int’l customary law, it must be shown that the conduct stems from the country’s belief that int’l law (rather than a moral obligation) mandates the conduct pacta sunt servanda: (“agreements must be kept”) Pacta Sunt Servanda: (“agreements must be kept”) The rule that agreements and stipulations, esp. those contained in treaties,

must be observed; Principle of good faith compliance with the real meaning of the law. Attaches legal meaning and obligations. If one state complies, it believes it can rely on others to do the same. Every treaty in force is binding and must be performed in good faith. Purpose and intention should prevail over its literal application. P. 140 Supp/Article 26 pari passu: Both proceedings can be pursued equally; without preferential treatment peremptory norm: a norm that is so fundamental that a state cannot contravene it Persistent Objector? A state may escape the effect of customary rules of law if the State has persistently, promptly and consistently object to the application of that rule from its inception. If a custom becomes established as a general rule of intl. law, it binds all States which did not oppose it even if they themselves had not been active in its formation Pinochet syndrome: general jurisdiction so that the torturers are not safe wherever they go Positivism: emphasizes the obligatory nature of legal norms and the fixed authoritative character of the formal sources; also in order for it to be considered “law” the norm must be capable of application by a judicial body Prescription - The process of acquiring title to property by reason of uninterrupted possession of specified duration. (Continual peaceful possession/occupation/prescription – also a pre-req of statehood) proprio motu self-initiating prosecutor ratione materiae is immunity to certain kinds of act on behalf of the state in his official capacity (like an ambassador after resignation; official act) ratione personae is immunity of all acts, broad immunity, only during office (like an ambassador during office); The Reagan Doctrine – asserting the right of the U.S. (or any other state) to intervene by force to defend, maintain, restore or impose democratic gov’t The Brezhnev Doctrine – the Reagan doctrine’s counterpart from the Soviet Union

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res nullius: empty territory “Schultz notification” saying that rather than wait for the ICJ to hear the case in 6 months, the US will pull out now Self-Defense • Anticipatory Self-Defense – invading another country when armed attack is imminent; highly controversial; stick to Article 51 with a possible exception for an immediate definite impending attack; few accept this principle though (p. 971) • Interceptive Self-Defense - Attack isn’t even imminent but you see it coming. Might pose a threat. None of this argument is accepted (p. 971) Soft law: collectively, rules that are neither strictly binding nor completely lacking in legal significance; guidelines, policy declarations, or codes of conduct that set standards of conduct but are not directly enforceable. special rapporteur – human rights shizzle terra nullius: territory belonging to no one. Cannot be found to exist where there is local people with social/political organization. Travaux Preparatoire- every major treaty has this that gives background of the treaty and the intentions of the drafters. This is considered supplemental, but it is looked at. United States looks to this and proposed that it be looked at as a primary source of interpretation, but this was shot down. Ultra Vires Actions: unauthorized/beyond the scope of power allowed or granted by a the law of the state;

another culture in respectful, unforced ways. This term is different from assimilation, which is forced and one–sided. Active Listening – The active process of hearing and understanding what someone is saying. To be a good listener, one must learn to empathize with the speaker(s) by trying to put oneself into another person’s place in order to understand his or her perspective(s) and stories. Activist –A person who intentionally acts to bring about civic, cultural, economic, political, or social change. This person’s actions support or oppose one side of a controversial argument. Activism may refer to a variety of actions, including protest, writing letters to newspapers or politicians, participating in rallies and street marches, and many other tactics to bring about change that promotes and protects human rights. Affirmative Action – Action taken by a government or private institution to make up for past discrimination in education, work, or promotion on the basis of age, birth, color, creed, disability, ethnic origin, familial status, gender, language, marital status, political or other opinion, public assistance, race, religion or belief, sex, or sexual orientation. Apathy (Opposite: Empathy) – Lack of interest or concern; indifference. Assimilation – To be structurally and/or culturally absorbed by a dominant group. During this process, an individual or a group is largely forced to shed its own culture and take on the culture of the dominant group. Assimilation may not be done on equal terms and thus is one–sided.

Ability to Treat Self and Others Fairly – To treat oneself and others equally, justly, and respectfully.

Brotherhood/Sisterhood – An association or bond of solidarity between persons. Brothers and sisters are an integral part of a family, although people need not be blood–related siblings to be a part of a brotherhood and a sisterhood. According to the Universal Declaration of Human Rights, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [and sisterhood]” (Article 1, UDHR)..

Acculturation – To adapt to a different culture on fairly equal terms. During this process, individuals or groups adopt certain aspects of

Child Exploitation and Slavery – According to the Convention Concerning the Prohibition and Immediate Action for the Elimination of the

Voluntarism: intl. legal rules emanate exclusively from the free will of states as expressed in conventions or usage generally accepted as law The White List: lists all employees of diplomatic missions; also maintained by the Department of State

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Worst Forms of Child Labor, the worst forms of child labor include, “…all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict.&rdquo. Citing Evidence in Support of Ideas – To express, in oral or written form, information that confirms a particular view.. Civic Engagement – To participate in public life, encourage other people to participate in public life, and join in common work that promotes the well–being of everyone. Civil and Political Rights –The rights to liberty and equality. Such rights include freedom to worship, to express oneself, to vote, to take part in political life, and to have access to information. Classism – Attitude, action, and institutional practices that subordinate one class to a dominant class. Codification (Codify)– The process of transforming principles or practices into written legal form. Colonialism/Imperialism – The extension of a nation's sovereignty over territory and people outside its own boundaries in order to facilitate domination over natural resources, labor, and markets. The term also refers to a set of beliefs used to legitimize or promote this system, especially the belief that the mores of the colonizer are superior to those of the colonized. Community – A group of people who identify with each other, have common interests, or are viewed as forming a distinct segment of society. The word community can also mean a society as a whole. A Human Rights Communityis a community based on human rights, where respect for the fundamental dignity of each individual is recognized as essential to society.

deciding on a response that promotes and protects the human rights of all parties concerned. Convention –A legally binding agreement between nations designed to protect human rights (used interchangeably with treaty and covenant). Conventions are considered to have more legal force than declarations because governments are legally bound to enforce the agreements that they have ratified. When the UN General Assembly adopts a convention, it creates international standards for action and behavior. Once a convention is adopted by the UNGeneral Assembly, Member States can then ratify it, thereby promising to uphold it. Governments that violate the standards set forth in a convention can then be censured by the UN and by governments. Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW or Women’s Convention; adopted 1979, entered into force 1981) – The most comprehensive legally binding international convention prohibiting discrimination against women and obligating governments to take affirmative steps to advance the equality of women. Convention on the Rights of the Child – (Children’s Convention; adopted 1989, entered into force 1990) – Convention setting forth a full spectrum of civil, cultural, economic, social, and political rights for children. Covenant – A legally binding agreement between nations (used synonymously with convention and treaty). The major international human rights covenants, both adopted in 1966 (and entered into force in 1976), are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Creed – A set of fundamental beliefs or guiding principles. A creed can be either religious or secular.

Community Service – Service that is designed to assist in addressing community problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use.

Critical Thinking – Analyzing and contemplating past and present experiences, as well as future possibilities, by taking into account multiple perspectives on a story or narrative..

Conflict Resolution – Reconciling opposing perspectives, stories, or experiences and

Critically Analyzing History – Analyzing a historical event or era from different cultural perspectives, including birth, gender, language,

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national or social origin, political or other opinion, property, or other status..

race, religion orientation.

Cultural Rights – The right to preserve and develop one’s cultural identity, as well as the right to protect endangered cultures.

Distinguishing Between Fact, Opinion, and Reasoned Judgment – Fact can be defined as knowledge or information based on real occurrences or empirical evidence, while opinions are beliefs or conclusions held with confidence but not substantiated by positive knowledge or proof. Judgment means discernment, assessment and/or comparison of ideas to arrive at a conclusion. Reasoned judgment is any belief or conclusion reached on the basis of careful thought and reflection, distinguished from mere or unreasoned opinion on the one hand, and from simple fact on the other.

Customary International Law – Law that becomes binding on nations through general acceptance as a matter of legal obligation. When enough states have begun to behave as though some principle is law, it becomes law "by use"; this is one of the main sources of international law. Cynicism (Opposite: Optimism) – An attitude of scornful or jaded negativity, especially a general distrust of the integrity or professed motives of others. Declaration – A document comprising standards that nations agree upon, but which are not legally binding like treaty provisions. UN conferences, such as the 1993 UN Conference on Human Rights in Vienna and the 1995 World Conference for Women in Beijing, usually produce two sets of declarations: one written by government representatives and one written by Nongovernmental Organizations (NGOs). The UN General Assembly often issues influential declarations. Democracy – A system of government in which people’s views are reflected and the right of political participation is guaranteed. Such a form of government involves the principles of promoting and protecting human rights, social equality, and respect for the individual within a community. Direct Action – Those tactics that can be undertaken by people themselves, without the help of government agencies, lawyers, or other institutions. Examples include picketing, work slowdowns, strikes, occupation of buildings, and marches. Discrimination (Opposite: Non–Discrimination) – Distinction between individuals not based on legitimate terms; arbitrary bias for or against an individual or a group that fails to take true account of their characteristics or treat an individual or a group in a just and equitable manner. Discrimination can be based on age, birth, color, creed, disability, ethnic origin, familial status, gender, language, marital status, political or other opinion, public assistance,

or

belief,

sex,

or

sexual

Distinguishing Between Wants, Needs, and Rights – A want is a desire, whereas a need is a necessity and rights constitute entitlements. Human rights are mutual, equal, universal, non– discriminatory, inalienable, indivisible, and interdependent. Diversity – The representation of multiple groups within a larger group, community, or area, such as a school or a workplace. Economic Globalization – The continuing integration of markets through global trade by way of trade agreements, such as the North American Free Trade Agreement (NAFTA), trade organizations, such as the World Trade Organization (WTO), and regional economic blocs, such as the European Union (EU). Economic Globalization is the subject of heated debate: Supporters argue that globalization generates wealth, increases trade, and spurs development, while critics argue that globalization leads to environmental degradation, exploitation of the poor by powerful states and companies, and does not support sustainable development. Economic Justice – Fairness and equity in economic affairs, by establishing laws, governments, and institutions that treat people equally and avoid favoring particular individuals or groups while providing opportunities to those living in poverty. Economic, Social, and Cultural Rights – Rights that concern the production, development, and management of material for the necessities of life. These rights also include the right to preserve and develop one’s cultural identity, as well as rights that give people social and

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economic security, sometimes referred to as security-oriented rights. Examples of such rights include the rights to adequate education, food, shelter, and health care. Empathy – The ability to listen deeply to another person’s story or experience and connect to the person’s feelings and story. Environmental, Cultural, and Developmental Rights – These rights recognize that people have the right to live in a safe and healthy environment and that groups of people have the right to cultural, political, and economic development. Environmental Degradation – The diminishment of an ecosystem or a biosphere due to human activity. Environmental degradation occurs when natural resources (such as trees, habitat, earth, water, air) are consumed faster than they can be replenished. Sustainability requires that human activity, at a minimum, only uses nature's resources to the point where they can be replenished naturally. Equality – This human rights principle mandates the same treatment of persons. The notion of fairness and respect for the inherent dignity of all human beings, as specified in Article 1 of the Universal Declaration of Human Rights: "All human beings are born free and equal in dignity and rights." Ethnocentrism – A practice of consciously or unconsciously privileging one’s own ethnic group over others that involves judging other groups by the values of one's own group. Examining Assumptions – Process of deconstructing and analyzing the bases of ideas generally taken for granted in a given society or school of thought. An assumption is something taken for granted or accepted as true without proof, and can be a generalization based on limited or nonexistent experience. Identifying and considering the validity of assumptions are critical thinking skills. Freedom – Political independence, liberty. Fulfilling Civic and Social Responsibilities – Carrying out the duties associated with Civic Engagement – that is, participating in public life, encouraging other people to participate in public life, and joining in common work that promotes the well-being of everyone.

Genocide – A crime defined in international law as acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group of human beings. Government – The act or process of governing, especially the decision-making and implementation of public policy in a political unit. The authority, leadership, or agent responsible for promoting and protecting human rights. Government Responsibility – The obligations that a government must fulfill. Human Rights are an integral part of these obligations. Human rights are not gifts given at the pleasure of governments, nor should governments withhold them or apply them to some people but not to others. Governments must be held accountable for promoting and protecting the human rights of all persons. Group Rights – The right of groups to protect their interests and identities. Human Dignity – This principle of human rights signifies that each individual, regardless of age, birth, color, creed, disability, ethnic origin, familial status, gender, language, marital status, political or other opinion, public assistance, race, religion or belief, sex, or sexual orientation, deserves to be honored, esteemed, and respected. Human Rights – The rights people have simply because they are human beings, regardless of their ability, citizenship, ethnicity, gender, language, nationality, race, or sexuality; human rights become enforceable when they are codified as conventions, covenants, or treaties, as they become recognized as customary international law, or as they are accepted in national or local law. Human Rights Commissions – Departments or committees of state and local governments in the United States established to address human rights issues by promoting human rights and investigating human rights violations. Hurting People (feelings, physically) – An action causing emotional, physical, psychological or spiritual pain, either intentionally or unintentionally, to another person or group. Ignorance – The condition of being uneducated, unaware, or uninformed.

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identity. Illiteracy (Opposite: Literacy) – The inability to read or write. Illiteracy can also refer to the ignorance of a set of terms or ideas that describe a concept. For example, human rights illiteracy is a lack of knowledge regarding human rights principles and norms. Immigration – The act of moving to a country where one is not a native. Immigrants are people who come to a country where they intend to settle permanently and many of them obtain citizenship. A legal immigrant is a person who comes to settle in a country with the legal permission of its government. An undocumented immigrant is a person residing in a country without the legal permission of its government. Inalienable – Word that describes something that cannot be taken or given away. Human rights that individuals have cannot be taken away, surrendered, or transferred. Indigenous Peoples – People who are the original or natural inhabitants of a land. Native Americans/American Indians, for example, are the Indigenous Peoples of the United States. Individual Rights – A termreferring to what one is allowed to do and what can be done to an individual; the rights possessed by individuals. Individuality vs. Collectivity – Individuality refers to the quality or state of being allowed to form one’s own identity and being allowed to sustain that identity no matter what the identities of others are. Collectivity is a unification that is formed by more than one individual acting together. Indivisible – Word that describes something that cannot be divided or reduced. Human rights should be addressed as an indivisible body, including civil, political, social, economic, cultural, and collective rights. Injustice (Opposite: Justice) – Denying fair, moral, and impartial treatment of the human rights of all persons. Integrating Human Rights into Personal Awareness and Behaviors – To perceive one's own existence in terms of human rights, including one's own traits, feelings, and behaviors. Self–awareness is a personal understanding of the very core of one's own

Interdependence – Human rights concerns appear in all spheres of life, such as in home, school, workplace, court, and markets. Human rights violations are interconnected; the loss of one right detracts from other rights. Similarly, promotion of human rights in one area supports other human rights. Intergovernmental Organizations (IGOs) – Organizations sponsored by multiple governments that seek to coordinate their efforts. Some are regional (e.g., the Council of Europe, the African Union), some are strategic alliances (e.g., the North Atlantic Treaty Organization, NATO), and some are global or dedicated to a specific purpose (e.g., the United Nations). International Bill of Human Rights – The combination of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocol, and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). International Covenant on Civil and Political Rights (ICCPR) – A treaty that was adopted in 1966, and entered into force in 1976. The ICCPR establishes that all people have a broad range of civil and political rights. One of the components of the International Bill of Human Rights. International Covenant on Economic, Social and Cultural Rights (ICESCR) – A treaty that was adopted 1966, and entered into force 1976. The ICESCR declares that all people have a broad range of economic, social, and cultural rights. One of the components of the International Bill of Human Rights. International Labor Organization (ILO) – Organization established in 1919 as part of the Versailles Peace Treaty to improve working conditions and promote social justice; the ILO became a specialized agency of the UN in 1946. International Law – A set of rules generally regarded and accepted as binding in relations between states and nations. International human rights law is a part of international law designed to protect people against torture, inhuman treatment, arbitrary killings, discrimination, failure to take steps to provide adequate food, shelter, healthcare, and other human rights abuses.

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*The foundation documents of international human rights law are the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (and its two Optional Protocols), and the International Covenant on Economic, Social and Cultural Rights.. Justice – Fairness, equity, and morality in action or attitude in order to promote and protect human rights and responsibilities. In most societies, people work for justice by organizing through different categories of rights, such as civil, political, economic, social, and cultural. Kindness – Caring for or showing empathy for others. Knowing Human Rights – To know the past, present, and evolving nature of human rights, as found in the International Bill of Human Rights and other human rights standards and norms. Liberty

–

The

freedom

to

act.

Listening to and Understanding Diverse Perspectives – Exercising the ability to listen, understand, and apply diverse perspectives and stories to one’s daily experiences. Literacy (Opposite: Illiteracy) – The ability to read and write in one or more languages. Literacy can also refer to the ability to understand a set of ideas and terms related to a central concept. For example, human rights literacy is the ability to understand and speak in terms of human rights principles and norms. Member States – Countries that are members of intergovernmental organizations, such as the United Nations. Moral Rights and Responsibilities – Rights and obligations based on the general principles of fairness and justice; they are often but not always based on religious beliefs. People sometimes feel they have moral rights even when they do not have legal or human rights in a given situation. Nationalism – A sense of national consciousness exalting one nation above all others and placing primary emphasis on the promotion of its economic and political interests and culture over those of other nations. Nonbinding – Term referring to a document,

such as a declaration, that carries no formal legal obligations. It may, however, carry moral obligations or eventually attain the force of law as customary international law. Non-Discrimination (Opposite: Discrimination) – Non-discrimination is vital to the concept of equality. It ensures that no one is denied the protection of their human rights based on external factors. Such factors include age, birth, color, creed, disability, ethnic origin, familial status, gender, language, marital status, political or other opinion, public assistance, race, religion or belief, sex, or sexual orientation. These categories, however, are only examples; they do not mean that discrimination is allowed on other grounds. Nongovernmental Organizations (NGOs) – Organizations formed by people outside of government. NGOs monitor the proceedings of human rights bodies, such as the United Nations, and are the "watchdogs" of the human rights that fall within their mandate. Some are large and international (e.g., the Red Cross, Amnesty International, and the Girl Scouts), while others may be small and local (e.g., an organization to advocate for people with disabilities in a particular city; a coalition to promote women’s rights in one refugee camp). Many NGOs have official consultative status with the UN Economic and Social Council. Nonviolence (or non-violence) – A set of assumptions about morality, power, and conflict that leads its proponents to reject the use of violence in efforts to attain social or political goals. While often used as a synonym for pacifism, since the mid 20th century the term nonviolence has come to embody a diversity of techniques for waging social conflict without the use of violence, as well as the underlying political and philosophical rationale for the use of these techniques. Oppression – The systematic exploitation of one societal group by another for its own benefit. The phenomenon involves institutional control, ideological domination, and the imposition of the dominant group’s culture on the oppressed. Passivity – The condition of being inactive or submissive. Persecution – Violation of the rights of an individual or group by another individual or group. The most common forms are ethnic,

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racial, and religious persecution. These types of persecution overlap to some degree, as religion is commonly an aspect of culture and ethnic identities are often intertwined with racial identities. The most common persecution scenario is a majority group mistreating a minority group. Political Repression – The denial of the right of people to participate in the political life of their communities and society. For example, denial of the right to vote or run for office. Poverty – Condition of being unable to achieve an adequate standard of living. Today, standards of living vary greatly among and within nations. Nonetheless, the effects of poverty remain constant: hunger, homelessness, lack of education, and lack of resources to fulfill basic human needs. For example, one of the main causes of hunger is poverty. Most people who are starving do not have the means to obtain the food that they need.. Prejudice – An attitude, opinion, or feeling formed without adequate prior knowledge, thought, or reason. Prejudice can be prejudgment for or against any individual, group, or object. Any individual or group can hold prejudice(s) towards another individual, group, or object. Problem-Solving – Identifying multiple responses to an issue or dilemma and choosing a response which promotes and protects the human rights of all parties. Protocol – A treaty which modifies another treaty (e.g., adding additional procedures or substantive provisions). Racism – An ideology of racial superiority and hierarchy based on discrimination. Ratification – Process by which a government confirms a state’s action in becoming legally bound by a treaty; formal procedure by which a state becomes bound to a treaty after acceptance. Refugee Displacement – Displacedpersons have been forced by dangerous circumstances to leave home for a place of safety within their home country. Such circumstances include natural disasters such as droughts or storms, persecution, social unrest, wars, or revolutions. If a person flees to a place within the home

country, he or she is called internally displaced. If that person flees to another country, he or she is called a refugee. Research – Usingmultiple sources to thoroughly study a human rights topic. Such sources can be books, newspapers, magazine or journal articles, or primary human rights documents (e.g., the Universal Declaration of Human Rights). Reservation –The exceptions that State Parties make to a treaty (e.g., provisions that they do not agree to follow). Reservations, however, may not undermine the fundamental objective and purpose of the treaty. Respect – To honor, appreciate, and treat others with dignity. Respect for self – Treating oneself with care, love, and appreciation, while valuing one’s unique and shared characteristics. Respect for parents and teachers – Treating parents and teachers with care, respect, and appreciation. Respect for others – Treating others with care, respect, and appreciation. Responsibility – accountability.

Obligation,

duty,

and/or

Government responsibility – Human rights are not gifts given at the pleasure of governments, nor should governments withhold them or apply them to some people but not to others. Governments must be held accountable for promoting and protecting the human rights of all persons. Individual responsibility– Duties possessed by individuals. For example, every individual has a responsibility to teach human rights, to respect human rights, and to challenge institutions and individuals that abuse them. Other responsible entities – Every organ of society, including corporations, educational institutions, foundations, and nongovernmental organizations also share responsibility for the promotion and protection of human rights. Rule of Law – A government must function or operate in support of written laws, which should be adopted through an established

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procedure. safeguard procedures who make and

This principle is intended to be a against unfair judgments or in individual cases. Hence, those and enforce the law must respect uphold the law.

Security – The level of protection or safety by or for an individual, group, or system against threats to human rights, such as arbitrary detention, food deprivation, or unwarranted physical harm. Self – The total, essential, or particular being of a person; the individual. Self-Determination – Political independence on the part of a group without control by people outside of that area. Self-Expression – Sharing one’s thoughts, beliefs, feelings, ideas or personality, through verbal or non-verbal means, including dance, essays, music, painting, photography, poetry, spoken word, sculpture, etc. Sexism – Attitudes, conditions, or behaviors that promote stereotyping and oppression based on sex and gender; discrimination based on sex or gender. Sharing Learning – Communicating with other members of one’s family, class, school, or larger community through multi-media or diverse methods of expression what one has learned. Signing/Sign – The first step in ratification of a treaty; to sign a treaty and thus to promise to adhere to the core principles in the document and to honor its spirit. Sisterhood/Brotherhood – An association or bond of solidarity between persons. Brothers and sisters are an integral part of a family, although people need not be blood-related siblings to be a part of a brotherhood and a sisterhood. According to the Universal Declaration of Human Rights, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [and sisterhood]” (Article 1, UDHR).

organized in response to particular oppressions based on race, gender, ability, sexual orientation, religion, and age. Social Justice – The practice of promoting and protecting human rights and responsibilities, with a particular emphasis on the economic and social rights of society’s most vulnerable groups. Social Responsibility – The obligation to ensure that one’s actions produce an overall positive impact on society and on the promotion and protection of human rights. Solidarity – A union of interests, purposes, or sympathies among members of a group. For example, Solidarity is often associated with labor movements. Sovereignty – The possession or exercise of full control by a government over a territorial or geographical area or limit. State – (often synonymous with "country") Geopolitical unit encompassing a group of people permanently occupying a fixed territory having common laws and a government capable of conducting international affairs. State Parties – Those countries that have ratified or otherwise accepted a treaty or a convention and are thereby bound to conform to its provisions. Systemic Change – Process of enacting largescale change while moving beyond thinking about individual organizations, single problems, and single solutions. Systemic change is a cyclical process in which the impact of change on all parts of the whole and their relationships to one another are taken into consideration. For example, the term entails thinking about many types of systems, such as educational systems, information systems, policy systems, social service systems, and technology systems.

Social Change – Refers to progress resulting from acts of advocacy for the cause of enacting positive change in society.

Torture – Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of an individual (e.g., a public official) or group on a person for such reasons as obtaining from him or her or a third person information or confession, punishing them for an act they have committed or are suspected of having committed, or intimidating him or her or other persons.

Social

Treaty – A formal agreement between nations,

change

movements

are

generally

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which defines and modifies their mutual duties and obligations (a treaty which may be ratified by more than two States Parties is a multilateral treaty, sometimes known as a convention). When conventions are adopted by the UN General Assembly, they create legally binding international obligations for the Member States that have ratified the treaty. Truth and Reconciliation Commissions – Truthand Reconciliation Commissions, unlike traditional courts, focus primarily on the victims of past oppression and rely heavily on their accounts. They provide a forum for survivors to tell their stories and suffering through private or public hearings. Anybody who feels they have been a victim of violence can come forward and be heard. Perpetrators of violence can also give testimony and, in some circumstances, request amnesty from prosecution. Truthand Reconciliation Commissions are crucial transition components to full and free democracy and vary in form from country to country. Understanding Other Points of View – Recognizing different perspectives of one experience or event. Unfairness (Opposite: Fairness) – Not just, evenhanded, or ethical. United Nations Charter – Initial treaty of the UN setting forth its goals, functions, and responsibilities; adopted in San Francisco in 1945. United Nations Children’s Fund (UNICEF) – United Nations organization that works to promote the human rights of children throughout the world. UNICEF has a variety of programs that address the organization’s priority areas of child protection, early childhood, girl’s education, HIV/AIDS, and immunization. United Nations Commission on Human Rights – Body of the United Nations established to draft human rights standards and otherwise address human rights issues. United Nations Economic and Social Council (ECOSOC) – A UN council of 54 members primarily concerned with population, economic development, human rights, and criminal justice. This high-ranking body receives and issues human rights reports.

United Nations Educational, Scientific, and Cultural Organization (UNESCO) – Body of the Unites Nations established to advance science and learning in the five areas of Education, Natural Sciences, Social and Human Sciences, Culture, and Communication and Information. The mission of the Social and Human Sciences section of UNESCO is to spur advances and innovation that promote the universal principles of justice, freedom, and human dignity. United Nations General Assembly – One of the principal organs of the UN, consisting of representatives of all member states. The General Assembly issues declarations, adopts conventions on human rights issues, debates relevant issues, and censures states that violate human rights. The actions of the General Assembly are governed by the United Nations Charter. United Nations High Commissioner for Refugees (UNHCR) – United Nations agency charged with facilitating international action to address the problems faced by refugees, as well as to promote and protect their human rights. Such rights include the right to seek asylum and the right to return home voluntarily. United Nations Office of the High Commissioner on Human Rights (OHCHR) – Body of the United Nations established to press the international community and UN Member States to honor and uphold human rights treaties, principles, and norms. The OHCHR also speaks on behalf of the victims of human rights violations. United Nations Sub–Commission on the Promotion and Protection of Human Rights Subsidiary body of the UN Commission on Human Rights formerly known as the SubCommission on Prevention of Discrimination and Protection of Minorities. The SubCommission’s function is to conduct human rights research and to make recommendations to the United Nations Human Rights Commission. Unity – Individuals or groups coming together for a single purpose. Universal Declaration of Human Rights (UDHR) – Primary UN document establishing human rights standards and norms, which was adopted by the UN General Assembly on December 10, 1948. The UDHR is an authoritative definition of the human rights obligations of UN member

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states. Through time it has become so respected by states that many of its provisions can now be said to be customary international law. Universality – Certain moral and ethical values are considered to be common or shared in all regions of the world; governments and communities should recognize and uphold them. The universality of human rights does not mean, however, that the rights cannot change or that they are experienced in the same manner by all people. World Development – Development whose goal is to alleviate poverty among residents of developing countries. International development is a multidisciplinary field that includes poverty reduction, governance, healthcare, education, crisis prevention and recovery, and economic restructuring. Development is intended as a long-term solution to poverty and desperation. World Political Economy – Area of study which encompassesa variety of different but related approaches to studying economic behavior of countries, individuals, and companies, which range from combining economics with other fields to challenging assumptions of traditional economics. Amnesty is a mechanism to excuse from criminal responsibility the perpetrators of a crime, generally before prosecution. International law prohibits the applicability of amnesties or similar mechanisms to exonerate alleged perpetrators of crimes against humanity (including genocide), gross human rights violations or international crimes from criminal responsibility, or to excuse the state’s responsibility to investigate or prosecute those responsible. National laws cannot override a state’s obligations under international law to prosecute international crimes. The Rome Statute also does not recognize amnesty for crimes within the International Criminal Court’s (ICC’s) jurisdiction. Closed Sessions This means that the media and public are banned from court for all or part of a particular witness’s testimony. In international criminal tribunals, for some witnesses, if their testimonies about particular issues will disclose their identity and thus expose them to security risk, their testimonies will be heard in closed or private sessions. Command or Superior Responsibility

Under the principle of command or superior responsibility, individuals in superior positions who do not prevent or punish subordinates from committing international crimes may be held individually criminally responsible. Command or superior responsibility is outlined in Article 7(3) of the Statute of the International Criminal Tribunal of Yugoslavia, Article 6(3) of the Statute of the International Criminal Tribunal of Rwanda, and Article 28 of the Rome Statute of the International Criminal Court. Key elements of command or superior responsibility are the omission by the accused to prevent crimes committed by subordinates, or the failure to punish the perpetrators; and the standard that the accused either knew or should have known about the crimes. Crime against Humanity Pursuant to the Rome Statute of the International Criminal Court, a crime against humanity “means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: 1. Murder; 2. Extermination; 3. Enslavement; 4. Deportation or forcible transfer of population; 5. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; 6. Torture; 7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; 8. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; 9. Enforced disappearance of persons; 10. The crime of apartheid; 11. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.” Crimes against humanity must possess three major elements:  The crime must be a product of a widespread or systematic attack, not an

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isolated incident. If it is isolated, it must be connected to multiple acts, pursuant to a policy.  Such crimes must be directed against a civilian population – if it is a military target, it cannot be a crime against humanity. But the act could still be a war crime.  The alleged perpetrator must have knowledge of the attack. Equality of arms According to the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in the case of Prosecutor v. Tadic (July 15, 1999 para. 43, 44, 48, 52): “equality of arms is an expression that means that each party must have a reasonable opportunity to defend its interests under conditions which do not place him at a substantial disadvantage vis-a-avis his opponent…this principle means that the Prosecution and the Defense must be equal before the Trial Chamber. It follows that the Chamber shall provide every practical facility it is capable of granting under the Rules and Statute when faced with a request by a party for assistance in presenting its case.” Expert Witness An expert witness is a person whose education, training, and experience can provide the court with an assessment, opinion, or judgment within the area of his or her competence. This knowledge is usually not known or available to the general public. The person must be accepted by the court and must normally testify about facts rather than the law. The defense has the right to object to the qualification of an individual presented by the prosecution as an expert witness. Fair Trial A judicial proceeding that is conducted in such a manner as to conform to fundamental concepts of equality and justice. Article 14 of the International Covenant on Civil and Political Rights (ICCPR) concerns the right to equality before courts and tribunal and to a fair trial. It provides for: 1. Equality before the courts, including a “fair and public hearing by a competent, independent and impartial tribunal established by law; 2. The right to the presumption of innocence; 3. The minimum guarantees of: a. Access to a prompt and detailed account of the nature and charges against the accused;

b. “Adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing”; c. Trial “without undue delay”; d. The right to be present and present a defense, with access to counsel; e. The right “to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him”; f. The right to an interpreter if necessary; and g. The right “not to be compelled to testify against himself or to confess guilt”; 4. Appropriate procedures for juveniles; 5. The right to appeal; 6. Compensation in most circumstances for a false conviction; and 7. The prohibition of double jeopardy. In its 2007 General Comment on Article 14, the UN Human Rights Committee issued an interpretation of the fair trial rights enshrined in the ICCPR. The Committee is the body authorized to make binding interpretative judgments concerning the ICCPR and to review its implementation. Genocide The Genocide Convention of 1948 identifies genocide as a crime under international criminal law, and obliges state parties to the Convention to prevent and punish the crime of genocide. The Convention defines genocide as: “any of the following acts committed with the intent to destroy, in whole or part, a national, ethnical, racial or religious group, as such: 1. killing members of the group; 2. causing serious bodily or mental harm to members of the group; 3. deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or part; 4. imposing measures intended to prevent births within the group; 5. forcibly transferring children of the group to another group.” Intent The intent is the mental element of the crime. It can be proven directly from statements or orders; or inferred from a systematic pattern. The international crime of genocide requires that the alleged perpetrator have the “intent to destroy, in whole or part, a national, ethnical, racial or religious group.” Intent is not the same as motive; a motive of national security, for instance, does not negate the possibility of

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genocidal intent. Further, genocidal intent does not require the intent to destroy a whole group. Gravity The Rome Statute states that a case is not admissible at the International Criminal Court if it “is not of sufficient gravity to justify further action by the Court” (Article 17(1)(d)). The Statute makes this requirement to ensure that the ICC focuses its limited resources on situations and cases around the world where the worst crimes are committed. However, the Statute does not define “gravity,” and ICC judges have to interpret it. Hearsay Evidence Statements offered by a witness, based upon what someone else has told him/her and not upon personal knowledge or observation. This is a secondary source of evidence rather than a primary source. For a primary source of evidence, the witness actually saw an event happen or such events happened directly to him/her. Courts will generally rely more on primary evidence than on secondary evidence. In common law systems, there is general rule excluding hearsay evidence, however, in international criminal tribunals, the judges will look at the relevance and probative value of the evidence, focusing on its reliability before admitting as evidence. In doing so, judges will consider the circumstances under which the evidence arose and the content of the said statement in evidence. If the hearsay evidence is relevant and reliable therefore, it will be admitted in evidence by the judges. Under the Rome Statute, there is no general rule excluding hearsay evidence, and to be admissible, Article 69(3) only requires that the evidence by relevant and necessary. Individual Criminal Responsibility The concept of individual criminal responsibility means that a person will be found guilty for committing crimes if the “person planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime.” Each international criminal tribunal has incorporated the concept of individual criminal responsibility into their statutes. At the ICC, Article 25 of the Rome Statute states that an individual is responsible for the commission of crimes if a person commits, orders, solicits, induce, aids, assists in the commission of a crime, provide means or contributes to the commission of the crime. Further, the accused must intend to engage in the conduct or the accused is aware of the consequences that will result in the regular course of events. Joinder

Joinder is the union of two or more cases to be heard in one trial. Cases may be joined when the issues or parties involved are sufficiently connected to make the process more efficient or more fair (e.g. if defendants are alleged to have committed the same crime, so that courts do not have to hear the same evidence presented twice). Article 64(5) of the Rome Statute of the International Criminal Court establishes that “upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.” Joint Criminal Enterprise (JCE) Joint Criminal Enterprise is a mode of liability, which assigns individual criminal responsibility to all individuals who together have been part of a common plan, design, or purpose which amounts to or involves the commission of a crime. The Joint Criminal Enterprise mode of liability was created by the judges at the International Criminal Tribunal for the Former Yugoslavia and was utilized by all other international tribunals. The ICC adopted a different form of joint criminal enterprise. Article 25(d) of the Rome Statute provides that an accused contributes to the commission of a crime with a common purpose by furthering the criminal activity or having the knowledge that the group intends to commit a crime. The accused then can be found guilty as a coperpetrator or an indirect perpetrator. Other Serious Violations of International Humanitarian Law Others serious violations of international humanitarian law refer to crimes committed during international and non-international armed conflict. These crimes, though not found in any treaty, are regarded as being part of customary international law. Following crimes are examples of other serious violations of international humanitarian law: making a civilian population that does not participate in the hostilities the object of the attack; launching an attack knowing there would civilian casualties; or attacking facilities designated as non-military targets. Proprio Motu This term refers to powers granted to the ICC Prosecutor under Article 15 (3) of the Rome Statute, which enable him to initiate an investigation at his own instigation, without a referral from a State Party or the UN Security Council. Protective Measures for Witnesses Measures to prevent disclosure of the identity or whereabouts of a victim or witness by:  Blacking out names;

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Refusing disclosure to public of records/name;  Testifying through image and voice altering devices, closed circuit television, or video link;  Assignment of a pseudonym; and  The use of closed or private session. Article 68(1) of the Rome Statute of the ICC sets out the court’s general responsibilities on witness protection: namely to “take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses.” Summons A legal document issued to a defendant containing the counts against him or her and announcing a date that he or she must appear before the court. The summons obliges the individual to appear before the court, but does not impose any obligation on any other party (e.g. the state authorities) to arrest and transfer him or her to the court. It does not automatically lead to the detention of the defendant, though restrictions may be placed on his or her liberty by the pre-trial chamber. Warrant of arrest A legal document authorizing the arrest and detention of an individual by the authorities. A warrant of arrest would be issued instead of a summons in cases where a summons was not considered sufficient to ensure that the individual would appear before the court on the date set (e.g. that he or she would be likely to evade the court). A warrant of arrest from the International Criminal Court would oblige all states parties to comply with the court by arresting the indicted individual and transferring him or her to the custody of the court. War Crimes While wars are chaotic and brutal, there is a body of international law that tries to regulate the violence in armed conflict. These rules are not meant judge why conflicts are fought, but rather, they lay the ground rules about how parties to the conflict should conduct themselves and what acts are not allowed during the conflict. Specifically, these laws aims to safeguard “protected persons”—those who are not, or are no longer, involved in the conflict. Protected persons include civilians (children and women are considered particularly vulnerable), ill soldiers, and prisoners of war. At the International Criminal Court, war crimes are listed in Article 8(2) of the Rome Statute. They include such crimes as murder, terrorism, sexual violence, cruel treatment, and pillage. 

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