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A Declaration of Minimum Humanitarian Standards

Published online by Cambridge University Press:  27 February 2017

Theodor Meron  and
Allan Rosas
Theodor Meron
Affiliation:
Åbo Akademi University Institute for Human Rights
Allan Rosas
Affiliation:
Åbo Akademi University Institute for Human Rights
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Extract

The readers of this Journal are familiar with the difficulties experienced in protecting human dignity in situations of internal violence that fall below the thresholds of applicability of international humanitarian instruments but within the margin of public emergency; the governments directly concerned often promote this interpretation of such situations, enabling them to invoke the derogations clauses of international human rights instruments. These difficulties are compounded by the inadequacy of the nonderogable provisions of human rights instruments, the weakness of international monitoring and control procedures, and the need to define the character of the conflict situations (the applicability of certain norms of humanitarian law depends on such characterization, which is usually difficult and contested). Experience indicates that in situations of internal violence, normal constitutional and other legal checks and balances are singularly ineffective. Efforts have already been made to address some of the abuses typical of these situations, but the abuses continue unabated.

Type
Current Developments
Information
American Journal of International Law , Volume 85 , Issue 2 , April 1991 , pp. 375 - 381
Copyright
Copyright © American Society of International Law 1991

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References

1 T. Meron, Human Rights in Internal Strife: Their International Protection (Hersch Lauterpacht Memorial Lectures, Cambridge, 1987); Meron, On the Inadequate Reach of Humanitarian and Human Rights Law and the Need for a New Instrument, 77 AJIL 589 (1983) [hereinafter On the Inadequate Reach]; Meron, Towards a Humanitarian Declaration on Internal Strife, 78 AJIL 859 (1984); Meron, Draft Model Declaration on Internal Strife, Int’l Rev. Red Cross, January-February 1988, at 59; Meron, Internal Strife: Applicable Norms and a Proposed Instrument, in International Humanitarian Law: Challenges for the Next Ten Years (A. Delissen & G. Tanya eds. 1991); Rosas, with Stenback, The Frontiers of International Humanitarian Law, 24 J. Peace Research 219 (1987); Rosas, Human Rights at Risk in Situations of Internal Violence and Public Emergency: Towards Common Minimum Standards, in The Future of Human Rights in a Changing World, Essays in Honour of Torkel Opsahl (A. Eide ed. 1991); Rosas, Model National Laws on Emergency Situations, 5 Mennesker ogrettigheter—Nordic J. Hum. Rts., No. 3, 1987, at 7; Questiaux, Study of Implications for Human Rights of Recent Developments Concerning Situations Known as States of Siege or Emergency, UN Doc. E/CN.4/Sub.2/1982/15.

2 For instance, International Commission of Jurists, States of Emergency: Their Impact on Human Rights (1983); Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, reprinted in UN Doc. E/CN.4/1985/4, 36 Rev.

Int’l Comm’n Jurists 47 (1986), 7 Hum. Rts. Q. 3 (1985); the [1984 ILA] Paris Minimum Standards of Human Rights Norms in a State of Emergency, reprinted in Lillich, The Paris Minimum Standards of Human Rights Norms in a State of Emergency, 79 AJIL 1072 (1985). Regarding the work done by the International Committee of the Red Cross, see Gasser, A Measure of Humanity in Internal Disturbances and Tensions: Proposal for a Code of Conduct, Int’l Rev. Red Cross, January-February 1988, at 38. The Sub-Commission on Prevention of Discrimination and Protection of Minorities of the UN Commission on Human Rights has appointed a Special Rapporteur (Leandro Despouy) on States of Emergency.

3 For the text, see UN Doc. E/CN.4/Sub.2/1987/31. The Oslo Statement drew upon a draft declaration on internal strife prepared by Theodor Meron. See Meron, Draft Model Declaration on Internal Strife, Mennesker og Rettigheter—Nordic J. Hum. Rts., No. 3, 1987, at 12.

4 The participants were Gudmundur Alfredsson, Theo van Boven, Luigi Condorelli, Leandro Despouy, Krzysztof Drzewicki, Asbjern Eide, Katarina Frostell, Hans-Peter Gasser, Francoise Hampson, Lauri Hannikainen, Raija Hanski, Göran Melander, Theodor Meron, Lars Adam Rehof, Allan Rosas, Martin Scheinin, Emile K. M. Yakpo.

5 Meron, On the Inadequate Reach, supra note 1, at 604.

6 Dec. 16, 1966, 999 UNTS 171.