Volume – 03, Issue – 01, Page : 01-
Role of Universal Jurisdiction, Humanitarian Laws, Landmark Decisions, and National Sovereignty in Shaping International Human Rights Law

Author/s
Henrik Bjornson
Digital Object Identifier (DOI)
Date of Publication
29 September 2023
Abstract :
This research paper embarks on a comprehensive exploration of the multifaceted landscape of international human rights law (IHRL), tracing its origins, examining its foundational principles, and navigating the intricate web of treaties, conventions, and institutions that collectively form this critical legal framework. The journey begins with the aftermath of World War II, a pivotal moment that spurred the international community to codify a set of fundamental principles aimed at preventing future atrocities and ensuring justice on a global scale. The Universal Declaration of Human Rights (UDHR), adopted in 1948, serves as the cornerstone of IHRL, outlining a comprehensive catalogue of civil, political, economic, social, and cultural rights. The research traverses through key treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), delving into the legal obligations they impose on states and the evolving nature of customary international law. The exploration extends to the symbiotic relationship between IHRL and international humanitarian law (IHL), emphasizing the complementary roles of these legal regimes in protecting human rights during peacetime and armed conflict. Regional systems of IHRL, exemplified by the African Charter on Human and Peoples’ Rights, the American Convention on Human Rights, and the European Convention on Human Rights, emerge as crucial components that address regional nuances and contribute to the global human rights framework. Controversial yet significant, the concept of universal jurisdiction is scrutinized, examining its application in cases like Belgium’s “law of universal jurisdiction” and the arrest of Augusto Pinochet. The research also navigates the role of National Human Rights Institutions (NHRIs), the dynamics of supranational entities like the African Union and the Organization of American States, and the intricate interplay between international and domestic enforcement mechanisms.
Keywords :
Customary International Law, International Human Rights Law, International Humanitarian Law, National Human Rights Institutions, Regional Courts and Commissions, Regional Human Rights Systems, Supranational Organizations, Treaty Obligations, Universal Declaration of Human Rights, Universal Jurisdiction.
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