Posted: June 26th, 2022

LAWS4220 Human Rights Law In Australia

Question:

The following scenario is possible:

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State A is home to majority group X and minority group Y.

In January 2017, State A began to fund, organize, train, and equip private militias that killed members of group Y, and created living conditions designed to cause its physical destruction.

The UN established a multilateral force in April 2017 as a subsidiary organization under the UN Charter. It was granted power by the Security Council under Chapter VII.

States C and D lead the multilateral force. State C directed aerial bombings against ammunition deposits in State C.

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The multilateral force was directed by State D in military operations on the territory of State A that targeted private militias against group Y.

Members of the UN multilateral force were accused of torturing members of private militias during terrestrial operations.

The Rome Statute on International Criminal Court is a binding agreement between States A, B, and D.

Consider the following:

Private militias take action against group Y

The UN multilateral force took action against A.

The UN multilateral force took action against private militias.

Answer:

Human rights are a global issue that is based on the basic rights of all human beings.

Human rights are a moral principle that helps to standardise human behavior and protect minorities’ interests through legal rights.

The United Nations imposes certain provisions on states to protect human rights. They also intend to eliminate discrimination by creating commissions or amending existing provisions.

One of the most important functioning commissions is the United Nations Commission on Human Rights. It deals with certain freedoms, including those of ethnic and racial minorities.

Every state is required to respect the rights of minorities and create an environment that allows them to live and exercise their culture. Article 48 (1) (b), ILC states that every state has a duty to do this.

The Security Council has certain powers under Chapter VII of the United Nations Charter to take any action against any state that violates the norms or actively participates in aggressive acts.

The Charter allows for strategic coordination to be carried out by military staff committees.

For a better understanding of the possible responsibility of states in protecting the interests of minorities, it is important to discuss.

It has been shown that there are two types of groups in state A: group X and one called group Y.

Group Y represents the minority group, and is exploited by group X.

This problem stems from human rights. It has been noted that State A has not confirmed minimum fundamental rights for minorities.

This can be viewed as a failure of the state, and the UN should intervene in this matter.

Asbjorn Eid had proposed a conceptual innovation on the subject and stated some obligations of the state to promote human rights.

His report’s central focus was to declare the right to adequate nutrition a human right.

Henry Shue was given a distinction between three duties: protect people from deprivation, avoid discrimination against human rights and aid those who are most in need.

He placed certain obligations on states to respect human rights and protect the interests of minorities in order to improve the humanity.

Chapter VII of United Nations Charter aims to preserve peace through the appointing of Security Council.

The Security Council has been given certain obligatory actions to ensure that they can take all necessary actions against any state that has violated human rights or failed to provide steps to establish peace.

Minorities have certain legal rights that allow them to live their lives without fear.

The International Court of Justice was established to protect legal rights. It prohibits genocide, slavery and other racial favoritism under the light of legal provisions.

The Vienna Convention on Law of Treaties Article 53 prohibited derogatory works and imposed some unitary obligations on states to prevent violations of human rights.

Article 41 of ILC states that the establishment of basic human right and the handling of the matter under international humanitarian law are the responsibility of the state.

The international court can take actions to protect human rights and stop arms-related activities in different countries.

Similar actions were taken in the case of Rwanda v Democratic Republic of Congo.

Article 42 (b), (iii) of ILC provides for state responsibility. It states that if a state fails to uphold human rights, it is the obligation of other member countries to assist that state.

States can take legal measures under Article 54 of ILC. According to Article, state cooperation is required in cases of serious violations of human rights or the protection of minorities’ interests.

In the case of the occupied Palestinian territory, legal actions were observed and the International Court of Justice observed that all states have an obligation to work together in order to protect the rights of Palestinian minority communities.

It can be concluded that group X must be prosecuted under Article 54 of ILC. States are also liable for all actions required under Article 42 or 48 of ILC.

The UN Multilateral Force Against State Action:

Article 48 of ILC states that they are responsible for protecting human rights and will take any necessary steps to protect the rights of minorities.

There are provisions in chapter VII of United Nations Charter that allow the Security Council to make other provisions for the establishment and protection of fundamental rights for minorities.

This paper mentions that A, the alleged state, is a member under the Roman Statute. Additionally, there are provisions in the Statute that govern the legal status of these states and the power of the court or United Nations to over them.

The charter’s Chapter VII gives certain military powers to member states. According to the chapter, the failure to uphold the standard of human right in a state is considered a crime. Any state that violates the fundamental norms of human rights should face the Security Council.

In such cases, the involvement of an international criminal court might be possible.

Infringement can be defined as failure of a state to comply with all provisions on human rights. Multilateral actions by other states can be taken for the protection and promotion of minorities.

For the protection of justice and international peace, Article 42 of ILC states that actions can be taken by land, air, or sea forces.

Humanitarian intervention is considered a compelling foreign policy. They are therefore considered a threat to state sovereignty.

This intervention is based on moral principles that concern the protection of human rights and the use of state force.

This paper has shown that state A failed to protect the human rights of minorities and state C has taken multilateral action.

Jonathan Freidman says that military action on humanitarian grounds should not be based upon political arguments but should be guided by moral ground.

The dilemma arose when Adolf Hitler called his actions on Sudetenland humanitarian intervention. He also narrated the reasons for the action to quell tensions in Czechoslovakia.

The popular principle of sovereignty is that the state’s internal affairs should be solved and the outside state should not interfere.

The state interference can be seen since the historical period, and the Greek War of Independence is a prime example of it.

There are also positive aspects.

The United Nations has stated that some issues, such as human rights, are international in nature. Therefore, any action in or against these topics should be taken internationally.

UN charter provides a specific principle that can be applied against states that fail to promote human rights.

The actions taken by other states to maintain peace in A through multilateral action must be based on moral principles. There should also be no political satire.

All actions should be taken to assist the state A in relation to the minorities issue. There should also be no influence from outside the alleged state.

The UN multilateral force took action against private militias

Asbjorn Eide’s report on Human Rights reveals that discrimination against minorities must be stopped and that third parties can take action to stop other parties from violating the human rights provisions.

He stated that human rights are not without their disadvantages. It is the responsibility of states to adopt positive human rights approaches.

The United Nations is required to take all necessary actions to protect international matters such as human rights, and provide guidelines.

The UN charter’s Chapter VII has stated the actions that can be taken in the event of violations of human rights provisions. State cooperation has also been provided to address these matters.

You should consider whether the other state is entitled to take action against the state’s internal affairs.

It’s a matter of direct interference against a state’s sovereignty.

The text clarifies that A is alleged not to have taken any action against minorities for any reason.

This can be considered a direct violation of the rules regarding human rights.

Two other states engaged multilateral forces against State A’s wrongful actions.

The two main objectives of these states were to destroy ammunition stored by State A and to confront private militias that are actively engaging in the killing of minorities.

Any action against a minority’s right to life can be considered a violation of fundamental principle.

It is our duty to stop all ill forces from taking action against minorities. Private militias can then be considered good and reasonable.

The above discussion has shown that there are some principles for protecting human rights. However, it is crucial to ensure that these principles are implemented with clarity.

The right to live is the most fundamental human right. Any violation of this right should be considered a criminal offense, whether it’s by a state or an individual.

The United Nations has taken many steps to secure the human rights and implemented some punishable offenses for violating states.

There are ethical issues involved in this case.

Other states can take legal action against the violating state according to Article 54 of ILC and UN charter.

This rule could affect the principle of sovereignty.

The main purpose of humanity is to secure justice and peace through the protection of human rights. In the event of violation, universal action is required.

To protect minorities in state A, it is important to stop the private militias from taking action.

Anthony Clark, Robert J. Beck, and Arend.

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