Professional Documents
Culture Documents
that its use is for ending the violation of human rights) against another state."[1] This definition
may be too narrow as it precludes non-military forms of intervention such as humanitarian aid
and international sanctions. On this broader understanding, "Humanitarian intervention should be
understood to encompass non-forcible methods, namely intervention undertaken without
military force to alleviate mass human suffering within sovereign borders."[2]
There is no one standard or legal definition of humanitarian intervention; the field of analysis
(such as law, ethics or politics) often influences the definition that is chosen. Differences in
definition include variations in whether humanitarian intervention is limited to instances where
there is an absence of consent from the host state; whether humanitarian intervention is limited to
punishment actions; and whether humanitarian intervention is limited to cases where there has
been explicit UN Security Council authorization for action.[3] There is, however, a general
consensus on some of its essential characteristics:[4]
1. Humanitarian intervention involves the threat and use of military forces as a central feature
2. It is an intervention in the sense that it entails interfering in the internal affairs of a state by
sending military forces into the territory or airspace of a sovereign state that has not committed
an act of aggression against another state.
3. The intervention is in response to situations that do not necessarily pose direct threats to states'
strategic interests, but instead is motivated by humanitarian objectives.
The customary international law concept of humanitarian intervention dates back to Hugo
Grotius and the European politics in the 17th century.[5][6] The subject of humanitarian
intervention has remained a compelling foreign policy issue, especially since NATO's
intervention in Kosovo in 1999, as it highlights the tension between the principle of state
sovereignty a defining pillar of the UN system and international law and evolving
international norms related to human rights and the use of force.[7] Moreover, it has sparked
normative and empirical debates over its legality, the ethics of using military force to respond to
human rights violations, when it should occur, who should intervene,[8] and whether it is
effective.
To its proponents, it marks imperative action in the face of human rights abuses, over the rights
of state sovereignty, while to its detractors it is often viewed as a pretext for military intervention
often devoid of legal sanction, selectively deployed and achieving only ambiguous ends. Its
frequent use following the end of the Cold War suggested to many that a new norm of military
humanitarian intervention was emerging in international politics, although some now argue that
the 9/11 terrorist attacks and the US "war on terror" have brought the era of humanitarian
intervention to an end.[9] James Pattison, however, argued in 2011 that the NATO intervention in
Libya breaks this trend.[1
5 Most Important Differences between
ICCPR and ICESCR
Article shared by Sam Malhotra
5 Most Important Differences between ICCPR and ICESCR are given below:
2. It explains human rights pertaining to cultural and political rights (i.e. not to torture, not to
show discrimination, etc.).
3. The rights incorporated in ICCPR are negative in character just like the provisions in the penal
code of a municipal law. The Indian Penal Code defines and narrates different offences, which
are prohibited. In the similar way ICCPR defines and narrates certain things not supposed to be
done by the States.
4. The judicial remedies are provided to the aggrieved persons, in cases their civil and political
rights are violated by the State. The aggrieved person can claim before the Central Human Rights
Commission, Human Right Court, State Human Right Commission or other domestic tribunals.
5. The provisions of ICCPR are similar to the provisions of Fundamental Rights in the Indian
Constitution, violation o* which gives rise to judicial remedies.
. It explains human rights pertaining to economic, social and cultural rights (e.g. to provide
adequate housing, trade unions social security, medical facilities, etc.).
3. The rights incorporated in ICESCR are positive in character. It shows the ways to the State to
implement certain programmes to uplift the living standards of human beings and to protect the
human culture. These are similar to the Directive Princips of state policy (Part- Ill) of our
Constitution.
Excerpts from the International Bill of Rights, Fact Sheet #2, UN Centre for Human
Rights:
The adoption of the Universal Declaration of Human Rights in 1948 "was the first
occasion on which the organized community of nations ... made a Declaration of
human rights and fundamental freedoms...."
"Conceived as 'a common standard of achievement for all peoples and all nations,'
the Universal Declaration ... has become just that: a yardstick by which to measure
the degree of respect for, and compliance with, international human rights
standards...."
"In the Proclamation of Teheran, adopted by the International Conference on Human
Rights ... in 1968, the Conference agreed that 'the Universal Declaration .... states a
common understanding of the peoples of the world concerning the inalienable and
inviolable rights of all members of the human family and constitutes an obligation
for the members of the international community.'"
The Declaration consists of 30 articles setting forth the civil and political, and
economic, social and cultural rights to which all persons are entitled, without
discrimination.
Economic, social and cultural rights are set out in Articles 22-27, and are rights to
which everyone is entitled "as a member of society." "[Article 22] characterizes
these rights as indispensable for human dignity and the free development of
personality, and indicates that they are to be realized 'through national effort and
international cooperation.' At the same time, it points out the limitations of
realization, the extent of which depends on the resources of each State."
The centerpiece of this code is the Universal Declaration of Human Rights adopted
by the General Assembly on 10 December 1948.