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3 examples of international human rights protection measures. International protection of human rights in peacetime and wartime, presentation of a lesson for an interactive whiteboard in social studies (grade 11) on the topic. Presentation on the topic

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The basis for the protection of general human rights was laid with the adoption of the Universal Declaration of Human Rights (December 10, 1948). This day is celebrated annually as Human Rights Day. The literature suggests that the Universal Declaration of Human Rights, by virtue of custom, has acquired the status of a legally binding document. However, the document has the force and degree of legal binding that was given to it by the MP entities that adopted it. The Declaration was adopted by the UN General Assembly as a document of a recommendatory nature, establishing international legal standards in the field of human rights to which the state must strive. Therefore, to say that the Declaration of Human Rights has reached the status of a customary norm is not entirely correct. Another thing is that the provisions of the Declaration may coincide in content with already existing norms of international business.

The Universal Declaration of Human Rights states:
Equality of people - all people are born free and equal in rights;
- non-discrimination on the basis of sex, race, skin color, gender, language, religion and other grounds;
- everyone’s right to life, liberty and personal integrity;
- prohibition of slavery and slave trade; prohibition of torture or ill-treatment;
- the right of everyone to legal personality;
- equality of all before the law; the right to go to court; prohibition of arbitrary arrests;
- presumption of innocence and prohibition of retroactive criminal law;
- the right to freedom of movement and choice of place of residence; right to citizenship;
- the right to marry;
- the right to own property; the right to freedom of opinion; the right to peaceful assembly;
- the right to participate in the management of public and state affairs; - the right to work and other human rights and freedoms. The Universal Declaration of Human Character gave impetus to the development and conclusion of conventions on human rights

Genocide refers to the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such:

Killing members of this group;
- causing serious bodily or mental harm to members of such a group;
- deliberate creation for any group of such living conditions that are calculated to lead to its complete or partial physical destruction;
- measures designed to prevent childbirth among such a group;
- forced transfer of children from one human group to another.

Genocide is a crime that violates the MP. Both genocide itself and conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit and complicity in genocide are punishable. Persons accused of committing genocide must be tried by the court of the state in whose territory the act was committed or by an international criminal court.

States shall cooperate in suppressing genocide and undertake to extradite persons accused of committing genocide. With regard to extradition, genocide is not considered a political crime.

Modern MP prohibits slavery.

According to the Slavery Convention, signed at Geneva on September 25, 1926, as amended by the Protocol of December 7, 1953 (Geneva, September 25, 1926), slavery is the condition or condition of a person over whom the attributes of the right of ownership or some of them. The slave trade includes every act of capturing, acquiring, or ceding a person for the purpose of selling him into slavery; any act of acquiring a slave for the purpose of selling or exchanging him; every act of assignment by sale or exchange of a slave acquired for the purpose of sale or exchange, as well as in general every act of trade or transportation of slaves (Article 1).

States undertake to: suppress the trade in slaves; to seek the abolition of slavery in all its forms; take all measures to punish these.

In accordance with the Supplementary Convention for the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (Geneva), debt bondage, serfdom, and practices similar to slavery in relation to women and children are abolished. The following crimes were declared: slave trade; turning another person into slavery or inducing oneself into slavery; attempt and complicity in such actions; as well as mutilation and branding of persons in a state of servitude.

The next most important document in the field of human rights is the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, November 4, 1950). The Convention was signed by Russia in 1996 and ratified in 1998. The Convention (as amended in 1985) came into force for Russia on May 5, 1998. However, six months later, a new version of the Convention (1994) came into force, which was in effect until mid-2010. There are 14 Protocols to the Convention. Russia participates in some of them. In January 1950, Russia ratified the 14th Protocol to the Convention, as a result of which the ECHR was reformed.

According to the Convention, state parties ensure to every person under their jurisdiction the rights and freedoms defined in section. I Conventions: the right to life, the prohibition of torture, the prohibition of slavery and forced labor, the right to liberty and security of person, the right to a fair trial, the right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, the right to effective means legal protection and other rights.

In times of war or other public emergency threatening the existence of the nation, States may take measures derogating from their obligations under the Convention only to the extent required by exigent circumstances, provided that such measures do not conflict with other obligations under the International Law. The State exercising the right of derogation shall inform Secretary General Council of Europe on the measures it has introduced and the reasons for their adoption, as well as on the termination of such measures and the resumption of the implementation of the provisions of the Convention in in full.

In order to ensure compliance with the obligations assumed by states under the Convention and its Protocols, the ECHR is formed, which operates on a permanent basis.

An important place in the system of ensuring and protecting human rights is occupied by the International Covenants on Economic, Social and Cultural Rights and on Civil Rights, which were ratified by the USSR.

There are two Optional Protocols to the International Covenant on Civil and Political Morals. The first Optional Protocol was ratified by the USSR and today about 50 states participate in it. Second Optional Protocol (prohibition death penalty) Russian Federation has not yet ratified.

In Art. 1 of both Covenants enshrines the right of peoples to self-determination, in accordance with which they freely establish their political status and ensure their economic and political development, freely dispose of their natural wealth and resources. No people can be deprived of their means of subsistence.

The principle of equality of citizens is also established regardless of race, skin color, sex, language, religion, political or other beliefs, national or social origin, property status, birth or other circumstances.

In accordance with Art. 2 of the Covenant on Civil and Political Rights, states parties undertake to accept all necessary measures, including legislative ones, for the implementation of human rights specified in this treaty. According to Art. 2 of the Covenant on Economic, Social and Cultural Rights, States must take measures, to the maximum extent of their available resources, to ensure the progressive realization of the rights and freedoms recognized in the Covenant.

Based on the norms of the Covenant on Economic, Social and Cultural Rights, states guaranteed the individual:

The right to work, including the right to a place of work, fair and favorable working conditions, the right to rest, etc.;
- the right to participate in trade unions; right to and social;
- family protection;
- the right to education and participation in cultural life and other rights.

International Covenant on Civil and Political Rights in addition to such general human rights as:

Right to liberty and security of person;
- the right to humane treatment;
- the right to free movement and freedom to choose a place of residence;
- equality of citizens before the court and the presumption of innocence;
- the right to protection of private life;
- the right to free expression;
- the right to peaceful assembly and other rights.

The Covenant also established a list of inalienable human rights and freedoms, from which the state has no right to derogate under any circumstances. These include: the right to life; prohibition of torture, cruel inhuman treatment or punishment; prohibition of slavery and slave trade; the prohibition of depriving a person of his liberty solely on the grounds that he does not fulfill any contractual obligations; prohibition of giving retroactive effect to criminal law; right to legal personality; the right to freedom of thought, conscience and religion. These inalienable rights form the minimum standard of human rights. The Covenant regulates the procedure for the creation and activities of the Human Rights Committee.

In accordance with the International Convention on the Elimination of All Forms of Racial Discrimination, states have committed themselves to pursuing policies to eliminate all forms of racial discrimination.

Racial discrimination means any distinction, exclusion, restriction or preference based on race, colour, descent, national or ethnic origin, intended to destroy or impair the enjoyment on an equal basis of human rights and fundamental freedoms.

All propaganda and influence of organizations based on ideas of superiority of one race or group of persons of a certain color or ethnic origin are prohibited. The dissemination of ideas based on racial superiority or hatred, all acts of violence, and the provision of assistance for racist activities are declared a crime.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibits torture.

Torture is defined as “any act by which a person is intentionally inflicted strong pain or suffering, physical or mental, in order to obtain from him or a third person information or a confession, to punish him for an act which he or a third person has committed or is suspected of having committed, or to intimidate or coerce him or a third person, when such pain or suffering is inflicted by a public official or other person acting in an official capacity, or at their instigation, or with their knowledge or acquiescence" (Article 1 of the Convention).

This definition does not include pain or suffering that results from or is inseparable from lawful sanctions.

The use of torture is declared a crime, and no circumstances (state of war, internal instability, state of emergency) can justify torture. States must not expel or extradite a person to another State if there are grounds for believing that he or she would be at risk of being subjected to torture there.

According to the Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms (Minsk), the contracting parties have undertaken to ensure that every person under their jurisdiction has the morals and freedoms set out in the Convention. Article 2 of the Convention protects the right of every person to life. The death penalty cannot generally be imposed on women. The death sentence cannot be imposed on women who are pregnant at the time the sentence is pronounced; the death sentence cannot be executed on women who are pregnant at the time the sentence is executed. The death penalty cannot be imposed on a person for a crime committed before reaching the age of 18. The Convention also provides for the prohibition of torture, slavery, forced labor, the right to freedom and security of person, equality before the court, the prohibition of retroactive effect of criminal law, the right to respect for one’s personal and family life, to the inviolability of home and secrecy of correspondence, the right to freedom of thought and conscience and religious and other democratic rights. In addition to civil and political rights, the Convention also provides for economic and social rights. Special protection is provided to vulnerable sections of society (children, pensioners, disabled people, etc.). The Convention also establishes a list of inalienable rights and freedoms.

IN Lately there is an expansion of the scope of cooperation in the humanitarian sphere. More and more new areas of relations in the field of human rights are becoming the subject of international regulation. Thus, the General Conference of UNESCO adopted the Universal Declaration on the Human Genome and Human Rights, according to which every person has the right to respect for his dignity and rights, regardless of his genetic characteristics. Research, treatment or diagnostics related to the genome of a person can only be carried out after a thorough preliminary assessment of the potential risks and benefits associated with them and taking into account all other requirements established by national legislation. In all cases, the prior, free and express consent of the person concerned should be obtained. If it is unable to express it, then consent or permission must be obtained in accordance with the law, based on the best interests of that person. No one may be discriminated against on the basis of genetic characteristics.

According to the Convention for the Protection of Human Rights and human dignity in connection with the application of the achievements of biology and medicine: the Convention on Human Rights and Biomedicine (Oviedo) (Russia is not yet participating), states guarantee everyone respect for the integrity of the person and other rights and fundamental freedoms in connection with the application of the achievements of biology and medicine. In this case, the interests and welfare of the individual prevail over the interests of society or science. Medical intervention can only be carried out after the person concerned gives his voluntary consent. This person receives appropriate information in advance about the purpose and nature of the intervention, as well as its consequences and risks. This person may freely withdraw his or her consent at any time. If, due to an emergency situation, the proper consent of the person concerned cannot be obtained, any intervention may be carried out immediately. Intervention in the human genome can be carried out only on the condition that it is not aimed at changing the genome of the heirs this person. The Convention regulates the conditions for holding scientific research in the field of biology and medicine, determines the procedure for the removal of organs and tissues for transplantation, establishes a ban on obtaining financial benefits and the possible use of removed parts of the human body.

In the 70–80s. In the 20th century, international humanitarian law emerged as a special institution of modern international law, the purpose of which is to protect victims of armed conflicts. In general usage, the word "protection" means the provision of shelter, shelter, shelter; preservation from adverse influences. In international humanitarian law, the object of protection is necessarily a person, and it is provided in conditions of armed conflict. Protection, as the word is used in international humanitarian law, therefore means any action whose purpose is to protect victims of armed conflicts from possible danger, suffering and abuse of power.

International humanitarian law contains a set of norms designed to provide a person who finds himself in the power of the opposing party with a certain quality of life and respect for personal dignity, however, within the framework of reality, i.e., taking into account military necessity. These rules provide that the person in question must be treated humanely and guaranteed basic safety, since he may be at risk of arbitrariness on the part of the authorities in whose hands he is located. That is why protection can only be provided with the consent of the relevant authorities, who are obliged to do so by international humanitarian law. The year 1864 was marked by the beginning of the codification, specification and development of these norms on the initiative of Henri Dunant and then the International Committee of the Red Cross, of which he was one of the founders. Currently, the main sources of international humanitarian law are the four Geneva Conventions for the Protection of Victims of War of 12 August 1949:

· Convention for the Amelioration of the Condition of the Wounded and Sick in active armies(I Geneva Convention);

· Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (II Geneva Convention);

· Convention relative to the Treatment of Prisoners of War (III Geneva Convention);

· Convention relative to the Protection of Civilian Persons in Time of War (IV Geneva Convention);

Protocol I, relating to the protection of victims of international armed conflicts;

Protocol II concerning the protection of victims of non-international armed conflicts.

As well as the IV Hague Convention of 1907 and the Regulations on the Laws and Customs of Land War, which is an annex to it.

Along with universal international treaties, the sources of international humanitarian law are regional treaties, including highest value for us is the Agreement concluded within the CIS on priority measures to protect victims of armed conflicts of September 24, 1993.

The International Committee of the Red Cross prepared the text of the IV Geneva Convention and both Additional Protocols, and in 1965 adopted resolution XXVIII, entitled “Protection of civilian victims from the scourge of war.”

On December 19, 1968, the UN General Assembly adopted the well-known resolution 2444 (XXIII) “On human rights during armed conflicts,” which served as the impetus for the adoption of a number of clarifying and developing international legal acts aimed at protecting victims of war.

A conflict is armed if at least one of the following actions is committed:

a) invasion of the armed forces of one state into the territory of another state;

b) capture or injury of at least one combatant from the armed forces of the other side;

c) internment or forced capture of at least one civilian of the other belligerent

Although the law of war has existed for many centuries, the term combatant was defined only in 1977. Clause 2 of Art. 43 of Protocol 1 states: “Persons who are members of the armed forces of a party to the conflict (except for medical and religious personnel) are combatants, that is, they have the right to take direct part in hostilities.” This right, as well as the status of combatants, is directly related to their right to be considered prisoners of war if they fall into the power of the opposing side (Article 44, paragraph 1). He is obliged to comply with the rules of international law applicable in armed conflicts and bears individual responsibility for any violations of these rules he commits. But even such violations “do not deprive the combatant of his right to be considered a combatant or, if he falls into the power of the adverse party, of his right to be considered a prisoner of war.”

Based on Art. 4 of the III Convention, the following categories of combatants can be distinguished:

· personnel of the armed forces of a party to the conflict, even if they consider themselves to be subordinate to a government or authority not recognized by the enemy;

· members of other militias or volunteer units, including members of organized resistance movements belonging to a party to the conflict and operating in or outside their own territory, even if that territory is occupied, if all these groups meet four conditions:

a) are headed by a person responsible for his subordinates;

b) have a specific distinctive sign that is clearly visible from a distance;

c) openly carry weapons;

d) comply with the laws and customs of war in their actions.

Various categories of persons who do not fall within the definition of combatants given above or are not combatants are entitled to the status of prisoners of war.

These include:

· persons taking part in spontaneous mass armed uprisings, when the population of an unoccupied territory, when the enemy approaches, voluntarily takes up arms to fight the invading troops, without having time to form into regular troops, if they openly carry weapons and comply with the laws and customs of war;

· persons who follow the armed forces, but are not directly part of them (for example, accredited war correspondents);

· crew members of merchant ships and crews civil aviation parties to the conflict;

· persons who are members of the armed forces and employees of organizations civil defense(Article 67 of Protocol I).

When considering the issue of combatants, it is necessary to specifically single out persons acting as part of the so-called irregular armed forces, and above all participants guerrilla warfare. Under partisans refers to persons organized in units that are not part of regular armies, fighting primarily behind enemy lines in the process of a just war against foreign invaders and relying on the sympathy and support of the people. International law connects the assignment of the status of a lawful combatant to each guerrilla individual with his fulfillment of a number of specific conditions, which I mentioned above when considering the issue of categories of combatants.

The regime of military captivity is intended to ensure not only the preservation of the life of a prisoner of war, but also the protection of his inalienable human rights. In this regard, it must always be remembered that prisoners of war are in the power of the enemy Power and not individuals or military units who took them prisoner (Article 12 of the III Convention). Consequently, the enemy state is responsible for everything that happens to prisoners of war, but this does not, however, detract from the individual responsibility of individuals if they violate the rules for the treatment of prisoners of war. The III Convention regulates in detail the procedure for holding prisoners of war:

– their accommodation, provision of food and clothing;

– hygiene requirements and provision of medical care;

– religious, intellectual and physical activity etc.

In accordance with Art. 122 warring countries are required to establish information bureaus for prisoners of war, which must provide answers to all questions related to prisoners of war.

III Convention establishes the institution of trustees. Art. 79 provides that in all places of detention of prisoners of war, with the exception of those where officers are held, prisoners of war have the right freely, by secret ballot, to elect proxies who shall represent them before the military authorities. In camps for officers and persons equivalent to them and in mixed camps, the senior-ranking prisoner of war officer is recognized as a confidant. Using the prerogatives and benefits listed in Art. 81, prisoners of war's confidants promote their moral and physical well-being. It should also be noted that the parties to the conflict, for humanitarian reasons, should try to repatriate prisoners of war, without waiting for the end of the war, and, if possible, on a reciprocal basis, that is, through the exchange of prisoners. Concluding the consideration of this issue, it is necessary to emphasize that prisoners who do not have the recognized status of prisoners of war, nevertheless, always have the right to the basic guarantees provided for in Art. 75 Additional Protocol I.

If you look at the history of wars, you can see that the civilian population suffers the most from the consequences of hostilities, and in the 20th century this situation acquired a terrifying trend. Thus, during the First World War, 95% of losses were military personnel and only 5% were civilians. During the Second World War, the picture was completely different: 75% of casualties were civilians and 25% were military personnel. In some modern armed conflicts, over 90% of casualties are civilians. These figures clearly demonstrate the need to protect individual civilians and the civilian population as a whole from the consequences of war.

The first attempt to define “civilian” and “civilian population” was made by the authors of the IV Geneva Convention relative to the Protection of Civilian Persons in Time of War. According to Art. 4 The protection of this Convention includes persons who, at any time and in any manner whatsoever, in the event of a conflict or occupation, are in the power of a party to the conflict or of an Occupying Power of which they are not nationals.

And the exceptions are:

a) citizens of any state not bound by the provisions of this convention;

b) citizens of any neutral state located on the territory of one of the belligerent states, as long as the state of which they are citizens has normal diplomatic representation with the state in whose power they are;

c) citizens of any belligerent state (under the same condition);

d) persons protected by the three other Geneva Conventions: the wounded, sick and shipwrecked, as well as prisoners of war.

Clause 1 Art. 50 states: “A civilian is any person who does not belong to one of the categories of persons specified in Art. 4 III Convention and Art. 43 of this Protocol."

In other words, a civilian is any person who does not belong to the category of combatant.

According to Protocol I, the civilian population consists of all persons who are civilians.

In all circumstances it is prohibited:

· acts of violence or threats of violence with the primary purpose of terrorizing the civilian population;

· attacks of an indiscriminate nature, regulated in detail by clauses 4 and 5 of Art. 51 Protocol I;

· reprisal attacks on the civilian population or individual civilians;

· using the presence or movement of the civilian population or individual civilians to protect specific points or areas from hostilities, in particular in attempts to protect military objectives from attack or to cover, assist or impede hostilities. Of course, it is prohibited to use starvation among civilians as a method of warfare (Article 54).

· International humanitarian law recognizes two categories of armed conflict.

The quintessential provisions of international humanitarian law applied in times of armed conflict are the following:
Basic Rules:

1. Persons out of combat (hors de combat) and those who do not directly participate in hostilities have the right to respect for their lives and to moral and physical integrity. In all circumstances they have the right to protection and humane treatment without any discrimination.

2. It is prohibited to kill or maim an enemy who is surrendering or is out of action (hors de combat).

3. The wounded and sick must be selected and cared for by the party in the conflict in whose power they are. Medical personnel, institutions, vehicles and equipment. The emblem of the red cross or red crescent signifies the right to such protection and must be respected.

4. Captured combatants (hereinafter referred to as combatants) and civilians in enemy-controlled territory have the right to respect for their lives, dignity, personal rights and beliefs. They must be protected from violence and reprisals and have the right to correspond with their family and receive assistance.

5. Everyone has the right to basic legal guarantees. No one should be subjected to physical or mental torture, corporal punishment, or cruel or degrading treatment.

6. The parties to the conflict and their armed forces cannot use an unlimited choice of methods and means of warfare. The use of weapons and methods of warfare which by their nature are likely to cause unnecessary casualties or excessive suffering is prohibited.

7. Parties to a conflict are obliged to distinguish at all times between civilians and combatants and to spare civilians and property whenever possible. Neither the civilian population as a whole nor individual civilians should be the target of attack.

To designate a set of norms directly related to individual rights and freedoms, the concept of “international humanitarian law” is used.

International humanitarian law– a set of norms that define human rights and freedoms that are common to the international community, establish the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

The need for humanitarian law was realized by the human community when world history demonstrated that the law of war remained decisive in international relations.

An important step in regulating the rules of warfare was the adoption of the Geneva Convention (1867), the St. Petersburg Declaration (1868), and the Hague Conventions (1899 and 1907), which established the following provisions:

– a system of peaceful means for resolving disputes between states was established;

- military actions should be directed only against fighting armies;

– the civilian population should not be the target of military attacks or hostilities;

– the obligation to care for the sick and wounded who were captured was introduced, showing a humane attitude towards prisoners of war;

– the use of poisonous weapons and means that cause suffering was prohibited;

– occupation was considered a temporary occupation of enemy territory, during which local orders and customs cannot be abolished.

The course of the First (1914–1918) and Second (1939–1945) World Wars demonstrated that most of the provisions of these declarations and conventions remained ignored.

Therefore, an urgent need arose to affirm the unshakable principles of international settlement and protection of human rights.

On April 25, 1945, a Conference on the creation of an international organization opened in San Francisco (USA). Soon, representatives of 51 states signed the Charter of the United Nations (UN). The UN officially came into being on October 24, 1945, when its Charter was ratified by Great Britain, China, Soviet Union, the USA, France and most of the other signatory states.

Among the principles and norms developed by the UN, which form the foundation of modern international law, we highlight the following:

– The principle of equality and self-determination of peoples.

– The principle of respect for human rights.

– The principle of state responsibility for aggression and other international crimes (genocide, racial discrimination, apartheid, etc.).

– The principle of international criminal responsibility of individuals.

The UN Charter was the first multilateral treaty in the history of international relations, which laid the foundation for the broad development of cooperation between states on human rights.

The great development was that international law turned its attention to a man who was virtually uninteresting to its old norms. The principle of respect for human rights has become generally accepted.

Article 1 (clause 3) of the UN Charter states that one of the goals of the organization is to implement international cooperation“to promote respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.” Thus, the principle of respect for human rights was established as one of the fundamental principles of international law in 1945.

TO sources of modern international humanitarian law relate:

Universal Declaration of Human Rights 1948

International Covenant on Economic, Social and Cultural Rights 1966

Convention on the Elimination of All Forms of Discrimination against Women, 1979

International Convention on the Elimination of All Forms of Racial Discrimination, 1965

Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms, 1995

The Geneva Conventions of 1949 for the protection of war victims and other multilateral and bilateral international acts, many of which have been ratified by the Russian Federation.

Fundamental documents in the field of human rights for states in various regions of the world have appeared: European Convention for the Protection of Human Rights and Fundamental Freedoms (1950); American Convention on Human Rights (1969); African Charter on the Rights of Individuals and Peoples (1986); Cairo Declaration of Human Rights in Islam (1990).

In their activities, international bodies monitoring the observance of human rights use the following main mechanisms:

– Handling complaints, which are presented to a committee or commission; the supervisory body then makes a decision, expecting the state concerned to implement it, although no enforcement procedure exists to do so.

– Court cases. In the world, only three permanent courts are bodies that monitor compliance with human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court(considers crimes against humanity).

– Reporting procedure by the states themselves, containing information on how human rights are respected at the national level; the reports are openly discussed, including by non-governmental organizations, which in parallel draw up their own alternative reports.

Any person under the jurisdiction of a country that is a member of the Council of Europe can apply to the European Court of Human Rights. Its protection has extended to citizens of the Russian Federation since 1998.

There are certain rules for applying to this court:

– one should only complain about a violation of rights covered by the Convention for the Protection of Human Rights and Fundamental Freedoms;

– only the victim himself can complain and only about violations that occurred after his country ratified the documents on accession to the Council of Europe, while all measures and types of domestic protection must be exhausted by him, etc.

Failure to comply with the decision of this court may lead to the suspension of the country's membership in the Council of Europe, and then, possibly, exclusion from it.

In peacetime conditions, the European Court of Human Rights is the main body for the protection of these rights.

IN war time role in international system protection of human rights is increasing at the International Court of Justice. In addition, it is possible to create special tribunals for individual “problem” countries (for example, Rwanda, former Yugoslavia), which combine punitive and human rights functions.

On modern stage The main rules of international humanitarian law applied during armed conflicts are:

– Persons out of action, as well as persons who do not directly take part in hostilities (civilians), have the right to respect for their lives, as well as to physical and mental integrity.

– Captured combatants (the so-called combatants) and civilians must be protected from any acts of violence. Parties to a conflict must always distinguish between civilians and combatants in order to spare civilians and civilian objects. The attack should only be directed against military targets.

– It is prohibited to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

– The wounded and sick should be selected and given health care.

– Everyone has the right to basic judicial guarantees. No one shall be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

– The right of the parties to the conflict and their armed forces to choose means and methods of warfare is limited. The use of weapons and methods of warfare that are likely to cause unnecessary destruction or unnecessary suffering is prohibited.

However, international law, even when regulating armed conflicts, proclaims the basic principle: states are obliged in all circumstances to resolve any disagreements by peaceful means.

In the 20th century international law has addressed Special attention to protect children's rights. Back in 1924, the League of Nations adopted the Geneva Declaration, calling on men and women around the world to create conditions for children for normal spiritual and physical development. After the end of World War II, in 1945, the UN General Assembly created United Nations Children's Fund (UNICEF).

Sample assignment

A1. Are the following statements about the essence of international human rights standards correct? A. International human rights standards are the international obligations of a state that it must comply with during hostilities. B. International human rights standards are obligations assumed by states in relation to citizens of other states located on their territory.

1) only A is correct

2) only B is correct

3) both judgments are correct

4) both judgments are incorrect

International law- a special system of legal norms governing international relations arising between the states created by them international organizations and other subjects of international relations when establishing mutual rights and obligations of the parties. Functions of international law: stabilizing function; regulatory function; protective function.

The basic principles of international law are enshrined in the UN Charter: sovereign equality of states; non-use of force and threat of force; inviolability of state borders; peaceful resolution international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; conscientious fulfillment of international obligations. Sources of international law: international treaty, international legal custom, acts international conferences and meetings, resolutions of international organizations. Kinds international documents: international conventions (treaties between states whose legislation contains norms binding on the international community); declaration (a document whose provisions are not strictly binding); pact (one of the names of an international treaty).

Subjects of international law: states; nations and peoples fighting for independence; international organizations(intergovernmental - UN, UNESCO, ILO; non-governmental - Red Cross and Red Crescent Society, Greenpeace).

International organizations, providing collaboration countries in defense of human rights:

1. United Nations (1945). Founding document The UN - the UN Charter - is a universal international treaty and establishes the foundations of the modern international legal order. UN pursues goals: maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression; develop friendly relations between states based on respect for the principle of equality and self-determination of peoples; carry out international cooperation in resolving international problems economic, social, cultural and humanitarian in nature and in promoting respect for human rights, and others.

UN bodies:General Assembly; Security Council plays a major role in maintaining international peace and safety; Economic And Social Council (ECOSOC) is authorized to undertake research and prepare reports on international issues in the field of economics, social sphere, culture, education, healthcare and other issues; UN Trusteeship Council promotes the progress of the population of the Trust Territories and their gradual development towards self-government or independence; International Court UN; UN Secretariat.

The specialized UN human rights bodies include: UN High Commissioner for Refugees, UN High Commissioner for the Promotion and Protection of All Human Rights, Commission on Human Rights, Council of Europe. Established under the Council of Europe European Commission of Human Rights And European Court of Human Rights. In some states, individual rights against arbitrariness government agencies protects ombudsman– special executive. Established in Russia post of Commissioner for Human Rights, not related to any branch of government.

Types of international offenses: international crimes, crimes of an international nature, other international offenses (delicts).

Types of state responsibility:

1) Material liability: restitution (compensation in kind by the offender for the material damage caused); reparation (compensation for material damage caused by an offense, money, goods, services).

2) Non-financial liability expressed in the form restaurants(restoration by the offender of his previous state and bearing all the adverse consequences of this), satisfaction(satisfaction by the offender of non-material requirements, compensation for non-material (moral) damage), restrictions on sovereignty And declarative decisions.

Types of international crimes: crimes against peace, war crimes, crimes against humanity.

One of the forms of coercion in international law is international legal sanctions(coercive measures of both armed and unarmed nature, applied by subjects of international law in the established procedural form in response to an offense in order to suppress it, restore violated rights and ensure the responsibility of the offender). Types of sanctions: retortion(for example, establishing restrictions on the import of goods from the violating state; increasing customs duties on goods from this state; introducing a system of quotas and licenses for trade with this state), reprisals(embargo, boycott, denunciation), severance or suspension of diplomatic or consular relations, self-defense; suspension of rights and privileges arising from membership in an international organization, exclusion of the offender from international communication, collective armed measures to maintain international peace and security.

Sources of international humanitarian law: Universal Declaration of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of Victims of War, Convention on the Political Rights of Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant on civil and political rights, the Convention on the Rights of the Child and others.

International bodies monitoring human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court (considers crimes against humanity).

A) Humanitarian law in peacetime

* Considerable attention in international humanitarian law is paid to foreigners. Foreign citizen is a person who does not have citizenship of the host country, but has proof of citizenship of another state. Should be distinguished from foreigners stateless people, i.e. stateless persons. Distinguish three types of legal regime for foreigners: national treatment, special mode and most favored nation treatment.

* The right to provide asylum to persons persecuted for political, national, racial, religious or ethnic reasons. Distinguish territorial And diplomatic shelter.

* Rights and freedoms refugees And forced migrants regulated by international humanitarian law. Refugees have the right to property, copyright and industrial rights, the right to association, the right to go to court, the right to engage in business and work for hire and other rights.

B) Humanitarian law in times of armed conflict

The main directions of international cooperation in the field of armed conflicts: prevention of armed conflicts; the legal status of the states participating and not participating in the conflict; limitation of means and methods of warfare; protection of human rights during armed conflicts; ensuring liability for violations of international law. Basic rules of international humanitarian law applied during armed conflicts:

– Persons out of action, as well as persons who do not directly take part in hostilities (civilians), have the right to respect for their lives, as well as to physical and mental integrity.

– Captured combatants and civilians must be protected from any acts of violence. Parties to a conflict must always distinguish between civilians and combatants so as to spare civilians and civilian objects. The attack should only be directed against military targets.

– It is prohibited to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

– The wounded and sick should be picked up and given medical care.

– Everyone has the right to basic judicial guarantees. No one shall be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

International law limits the means and methods of warfare. The following are completely prohibited means of warfare: explosive and incendiary bullets; bullets that unfold or flatten in the human body; poisons and poisoned weapons; asphyxiating, poisonous and other gases, liquids and processes; biological weapons; means of influencing natural environment, which have broad long-term consequences as a means of destruction, damage or harm to another state; damage from fragments that are not detectable in the human body using x-rays; mines, booby traps and others.

The following are prohibited methods of warfare: treacherously kill or injure civilians or the enemy; kill or wound an enemy who has surrendered and laid down his arms; announce to the defender that in case of resistance there will be no mercy for anyone; It is illegal to use the parliamentary flag or the flag of a state not participating in the war, the flag or signs of the Red Cross, etc.; to force citizens of the enemy side to participate in military operations against their state; genocide during the war, etc.

Related information.

Social science. Full course preparation for the Unified State Exam Shemakhanova Irina Albertovna

5.13. International law ( international protection human rights in peacetime and wartime)

International law – a special system of legal norms regulating international relations arising between states, international organizations created by them and other subjects of international relations when establishing mutual rights and obligations of the parties. Functions of international law: stabilizing function; regulatory function; protective function.

The basic principles of international law are enshrined in the UN Charter: sovereign equality of states; non-use of force and threat of force; inviolability of state borders; peaceful resolution of international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; conscientious fulfillment of international obligations. Sources of international law: international treaty, international legal custom, acts of international conferences and meetings, resolutions of international organizations. Types of international documents: international conventions (treaties between states whose legislation contains norms binding on the international community); declaration (a document whose provisions are not strictly binding); pact (one of the names of an international treaty).

Subjects of international law: states; nations and peoples fighting for independence; international organizations(intergovernmental - UN, UNESCO, ILO; non-governmental - Red Cross and Red Crescent Society, Greenpeace).

International organizations , ensuring joint actions of countries in defense of human rights:

1. United Nations (1945). The founding document of the UN - the UN Charter - is a universal international treaty and establishes the foundations of the modern international legal order. UN pursues goals: maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression; develop friendly relations between states based on respect for the principle of equality and self-determination of peoples; carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights, and others.

UN bodies: General Assembly; Security Council plays a major role in maintaining international peace and security; Economic And Social Council (ECOSOC) is authorized to undertake research and compile reports on international issues in the field of economics, social sphere, culture, education, health and other issues; UN Trusteeship Council promotes the progress of the population of the Trust Territories and their gradual development towards self-government or independence; International Court of Justice; UN Secretariat.

The specialized UN human rights bodies include: UN High Commissioner for Refugees, UN High Commissioner for the Promotion and Protection of All Human Rights, Commission on Human Rights, Council of Europe. Established under the Council of Europe European Commission of Human Rights And European Court of Human Rights. In some states, individual rights are protected from the arbitrariness of state institutions. ombudsman- special official. Established in Russia post of Commissioner for Human Rights, not related to any branch of government.

Types of international offenses: international crimes, crimes of an international nature, other international offenses (delicts).

Types of state responsibility:

1) Material liability: restitution (compensation in kind by the offender for the material damage caused); reparation (compensation for material damage caused by an offense, money, goods, services).

Types of international crimes: crimes against peace, war crimes, crimes against humanity.

International humanitarian law – a set of norms that define human rights and freedoms that are common to the international community, establish the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

Sources of international humanitarian law: Universal Declaration of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of Victims of War, Convention on the Political Rights of Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant on civil and political rights, the Convention on the Rights of the Child and others.

International bodies monitoring human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court (considers crimes against humanity).

A) Humanitarian law in peacetime

* The right to provide asylum to persons persecuted for political, national, racial, religious or ethnic reasons. Distinguish territorial And diplomatic shelter.

B) Humanitarian law in times of armed conflict

The main directions of international cooperation in the field of armed conflicts: prevention of armed conflicts; the legal status of the states participating and not participating in the conflict; limitation of means and methods of warfare; protection of human rights during armed conflicts; ensuring liability for violations of international law. Basic rules of international humanitarian law applied during armed conflicts:

– Persons out of action, as well as persons who do not directly take part in hostilities (civilians), have the right to respect for their lives, as well as to physical and mental integrity.

– It is prohibited to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

– The wounded and sick should be picked up and given medical care.

– Everyone has the right to basic judicial guarantees. No one shall be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

International law limits the means and methods of warfare. The following are completely prohibited means of warfare: explosive and incendiary bullets; bullets that unfold or flatten in the human body; poisons and poisoned weapons; asphyxiating, poisonous and other gases, liquids and processes; biological weapons; means of influencing the natural environment that have broad long-term consequences as methods of destruction, damage or harm to another state; damage from fragments that cannot be detected in the human body by X-rays; mines, booby traps and others.

This text is an introductory fragment. From book Newest book facts. Volume 3 [Physics, chemistry and technology. History and archeology. Miscellaneous] author Kondrashov Anatoly Pavlovich

Under what conditions did the first purchase and sale of a military aircraft take place? The first military aircraft purchase and sale transaction in history took place on February 8, 1908, when the Wright brothers (Orville and Wilbur) signed a contract to supply the US Army with one Wright-A model aircraft for

From the book Civil Code of the Russian Federation by GARANT

International air law INTERNATIONAL AIR LAW is a branch of international law, including international and domestic legal principles and norms that determine the legal status airspace and the aircraft in it