Rights to Life
- The Rights to life is a fundamental rights that is an inalienable rights even during times of emergency
- IHR on rights to life
Obligations to protect lives
- States must show that they are actively protecting the rights to life of those in its territory according to IHR laws
- Obligations to Legally Protect Lives: Enact criminal legislations to punish those who deprive another of rights to life
- Act on information to best use its authority and police force to protect those known to be in danger
- Obligations to Investigate Deaths: States should also take steps to ensure that any deprivation of life is fully investigated in an open and transparent way.
- Set up Bodies to investigate specific death circumstances, cause of deaths, find perpetrator
- States must provide proper healthcare to facilitate rights to life
Parameters of Life
Q&A
**Group 5:
The case of Ukraine! Genocide has been mentioned by many leaders about the atrocities and brutalities which took place in Ukraine!
https://www.icc-cpi.int/ukraine
https://www.bbc.com/news/world-europe-61017352
The work of the International Criminal Tribunals:
What are the main points mentioned in the following sections?
- Rwanda, the International Criminal Tribunal for Rwanda (Page 15) Vachana, Vatey
Much of the work of the International Criminal Tribunal for Rwanda has been on genocide. To date, forty-seven cases have been completed and seven individuals have already completed their sentences. Charges have included genocide and crimes against humanity. Jean-Paul Akayesu was the first-ever individual convicted of genocide by an international tribunal. He was found guilty of nine counts of his indictment and sentenced to life imprisonment (his sentences, ranging from ten years to life run concurrently) (Prosecutor v Akayesu). This case was the first international interpretation and application of the Genocide Convention—the Trial Chamber concluded that rape and sexual violence were capable of constituting genocide if committed with intent to destroy the targeted group. Later, the Tribunal convicted Jean Kambanda, the former Rwandan prime minister, of genocide and crimes against humanity. He pleaded guilty at first instance and was convicted in 1998; his appeal (at The Hague) was unsuccessful with the convictions and sentence of life imprisonment standing. He is the first head of government to be convicted of genocide (Prosecutor v Kambanda). Other judgments have involved a prime minister, government ministers, and bourgmestres among those in authority as well as various religious leaders. The role of the media has also been examined with three persons convicted at first instance on counts relating to genocide despite not being physically involved (Nahimana and ors). A completion strategy has been prepared as, by definition, the Tribunal’s role in Rwanda is finite, appeals are, however, continuing in The Hague.
- International Criminal Tribunal for the Former Yugoslavia (ICTY) (Page 15) Resan, Lychhing
People with serious violations of international humanitarian law in Former Yugoslavia from 1991 which convicted more than 60 people. The Celebici helped convict people of genocide rather than just murder. The former president of Yugoslavia was terminated by his death in 2006, he was also indicted on a number of account related to the right to life, including genocide. Radovan Karadzic was found in Serbia and remanded to the Hague for trial in 2008. Though the Muslim in Bosinia make up only a small portion of the population they suffer a lot. The massacare murder many military age men, even the one who are non combatant were also kill as well. The Galic, Bosnian-Serb army commander were sentence to life imprisonment for the acts of violence and spreading terror among civilian of Sarajevo.
- UN Mechanism for International Criminal Tribunals (Page 16) Rachany
The International Residual Mechanism for Criminal Tribunals was established by the Security Council through the adoption of resolution 1966 (2010) of 22 December 2010, to finish the work begun by The International Criminal Tribunal for the former Yugoslavia (ICTY) and ICTR (The International Criminal Tribunal for Rwanda). It consists of two branches corresponding to the two tribunals. The ICTR branch, located in Arusha, Tanzania, commenced functioning on 1 July 2012. The ICTY branch is located in The Hague and commenced functioning on 1 July 2013. By a note by the President dated 2 February 2018 (S/2018/90), the members of the Security Council agreed that henceforth issues pertaining to the International Residual Mechanism for Criminal Tribunals would be considered under this agenda item which would subsume issues pertaining to the ICTY and the ICTR.
The Functions of the Mechanism
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Tracking and prosecution of remaining fugitives: 6 people accused by the ICTR are still at large. One is expected to be tired by the Mechanism, 5 by Rawanda.
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Judicial proceedings: the mechanism may conduct retrials; appeals proceedings from ICTR, ICTY and mechanism cases; trials for contempt and false testimony; and review proceedings.
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Monitoring cases refered to national jurisdictions: the mechanism monitors 5 cases referred by the ICTR to national courts.
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Protection of victims and witnesses: responsibility for the protection of thousands of victims and witnesses in proceedings before the ICTR, ICTY, and Mechanism.
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Enforcement of ICTR, ICTY, or Mechanism Sentence: supervising the enforcement of sentences pronounced by the ICTR, ICTY, and Mechansim.
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Assistance to National Jurisdiction: responding to requests for assistance from national jurisdictions, including Rwanda, States of the former Yugoslavia, and other countries.
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Preservation and Management of Archives: responsibility for managing the ICTR, ICTY, and Mechanism archives, including preservation and access.**