This is the text of the paper presented at UGC sponsored "National Seminar on Human Rights and Human Values", held from March 10-12, 2005 at Government Post-Graduate College, Faridabad.
Introduction
Human rights are considered universal and irrevocable and exist because we are human beings. The governments irrespective of their ideologies have a duty to protect these rights. Universal Declaration of Human Rights covers the full spectrum of human rights - civil, political, economic, social and cultural - that may be addressed at a local, national or international level. Human rights are the fundamental things in life that every person is entitled to. These provide dignity, humanity, respect and freedom to all people. Social and economic issues such as health, housing, employment and the right to an education are as much human rights as the political rights such as free speech and protection from torture.
Historical Background
The concept of human rights in some form has been present since ancient times in teachings of the philosophers. It has its roots in the moral universalism of Aristotle and the Stoics. Aristotle explains in his Nicomachean Ethics of existence of a universal and natural moral order, which forms the basis of various systems of justice, and involves application of reason free from prejudice. While distinguishing between ‘natural justice’ and ‘legal justice’, Aristotle writes, “the natural is that which has the same validity everywhere and does not depend upon acceptance.” (Nicomachean Ethics) The Roman Stoics Cicero and Seneca believe that morality originates from God's will, and since it transcends all local legal authority, this universal rule of conduct imposes an obligation on all to obey this will of God. This belief in the universality of a moral order was held in Europe over the centuries. In England “Rights of man” have their origin in Magna Carta. It contains origins of various modern human rights, as freedom of church from political authority, freedom to own property, and of equality before the law. From these beliefs emerge the notion of "natural rights" during the 17th and 18th century. These rights belong to a person not because he belongs to a particular country or religion, but because he is a human. Locke and Diderot elaborated upon natural rights. They argue that governments exist to preserve these natural rights of the people. The French Revolution of 1789 as well as the American War of Independence had their basis in this belief, which was expanded by Thomas Paine, Stuart Mill, and Thoreau. Kant on the other hand has given this right the basis of human reason instead of the will of God. He argues for the rationality and equality of human beings, and moral principles must have universal basis to be acceptable to all. Thoreau in his Civil Disobedience first used the term “human rights“. Various movements of 19th and 20th centuries, fight for equality of wages, humanized working conditions, equality of sexes, abolition of slavery, were fought on these ideals were essentially political in nature. Holocaust during WW II is the precipitating factor in the development of a framework of some universal rights that would be adhered to no matter what. This framework is the Universal Declaration of Human Rights adopted on 10th December 1948 by the United Nations General Assembly without a dissenting vote.
Universal Declaration of Human Rights (UDHR)
Though necessarily considered political in nature, human rights came to include social and economic rights of people everywhere after the adoption of UDHR by the UN General Assembly in response to the horrors perpetrated during Holocaust. The preamble of UDHR recognizes human rights as "inherent", "fundamental" and "equal and inalienable" rights of human beings. It establishes the universality of human rights irrespective of “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status… political, jurisdictional or international status of the country or territory to which a person belongs” as stated in Article 2. It states that
“Everyone has the right to life, liberty and security of person.” Article 3
“No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 5
“No one shall be subjected to arbitrary arrest, detention or exile.” Article 9
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” Article 10
“Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.” Article 11
“Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.” Article 28
Subsequently drafted and enacted international human rights agreements include the Convention on the Elimination of All Forms of Discrimination Against Women, the Declaration on the Right to Development, the UN Convention on the Rights of the Child, International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights and several dozens of other international documents which identify and codify human rights norms. Many countries of the world have signed these declarations and covenants, some have been ratified and become laws, or the basis of the enactment of various laws protecting civil, political, social and economic rights of the citizens in various countries. Though quoted in courts of law, these covenants have no legality unless respective state governments make laws based upon them.
Constitution of India assures dignity and equality of the individual and provides for the social, economic and political justice, freedom of speech, action, thought and religion, right against torture and inhuman and degrading punishment, as well as right to legal aid. National Human Rights Commission, National Commission for Protection of Minorities, National Commission for Women, etc are lending a helping hand to report and redress human rights abuses.
US Constitution guarantees freedom of religion, speech and expression (1st Amendment) and right to legal advice (5th Amendment)
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...
Despite provisions in the constitutions and enactment of various laws to protect human rights of the citizens, countries do have ways and means of getting around those laws. These fundamental rights get suspended during the times of emergency.
Human Rights in National perspective
Human rights can be distinguished from the legal rights because of the fact that the latter can be upheld in any court of law by simply referring to the relevant law, while the former refer to moral claims that may or may not find a legal basis. Democracies like India, United Kingdom, United States of America, France, Germany, Canada, Australia, etc have made laws incorporating these human rights as legally binding. Institutions like police, judiciary and human rights commissions help in maintaining these guarantees. UDHR forms the basis of these laws. The Paris Principle, endorsed by UN Commission on Human Rights and UN General Assembly in 1992 and 1993 respectively, has become the frame of reference for setting up and managing human rights commissions in the member states. Its important points are
§ independence guaranteed by statute or constitution
§ autonomy from government
§ pluralism, including in membership
§ a broad mandate based on universal human rights standards
§ adequate powers of investigation
§ sufficient resources.
These measures ensure that the commissions are independent from the governments and powerful enough to regulate human rights cases in respective countries.
On the other hand, countries like Saudi Arabia, Syria, Myanmar, Zimbabwe and China have totalitarian dictatorial regimes. The people do not have the freedom of speech, thought or expression, legal rights or to hold different religious opinion. Tiananmen Square and Tibet in China, Palestine in West Asia, ethnic cleansing in Bosnia and more recently in Sudan, Northern Ireland and Jammu& Kashmir, all have become synonymous with rights abuses of one kind or another. Any infraction against governmental policies results in disproportionate punishment. Amnesty International, Human Rights Watch and UN Commission for Human Rights try to bring to light rights abuses in an attempt to redress the wrongs being perpetrated. Annual human development reports bear a witness to the deteriorating conditions despite the presence of international and national constitutional safeguards against any such abuse.
Governments have a duty towards their citizens to protect their human rights. However, human rights are not bound by national boundaries. Nations rich in resources must assist those countries that are not able to protect the rights of their citizens due to lack of enough adequate resources. The most important step in this direction would be respecting the sovereignty of other nations. International Court of Justice has been in operation since 1946 to settle legal disputes between two nations according to international law, and to give its advisory opinion to international agencies and organizations. Its jurisdiction applies to only those states that have accepted it. Geneva Convention relative to the Treatment of Prisoner of War came into force in 1950. It will be upheld in peacetime as well as during war. It categorically forbids torture, mutilation, outrages and humiliation of prisoners of war, military personnel or general population, provides for proper care of the sick and the wounded, and access to legal aid.
However, the promise held by international covenants and declarations appears to have remained unfulfilled because of the reports of ever growing abuses of human rights. More specifically, in recent years these have been funneled by the war on terror after September 11, 2001 terrorist attacks in the United States.
Human Rights Abuse Case Study: post-9/11 US
United States was founded on the principles of equality and provision of certain inalienable rights to individuals. It has ratified Geneva Convention, International Covenant on Civil and Political Rights, and Convention against Torture in its efforts towards the maintenance of these human rights nationally as well as internationally. However, the immediate effect of the 9/11 terrorist attacks in the USA was curtailment of these rights of the citizens. There began a ‘War on Terror’ to seek out and destroy individuals or groups who pose a national security risk anywhere in the world.
Domestic Policies
USA PATRIOT Act grossly undermines the human rights of both citizens and non-citizens. It allows detention without charge, indefinite detention after charges have been framed, contains a vague definition of domestic terrorism and permits searches of person and property without prior notification. These provisions are clearly in breach of the US Constitution, Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture, the Convention on the Elimination of All Forms of Racial Discrimination, Geneva Convention, and Vienna Convention on Consular Relations.
According to Amnesty International more than 3000 suspected al-Qaeda members have been detained worldwide since the September 11, 2001 attacks. Many of the countries where these suspects have been held, are known to employ torture. More than 600 prisoners are being held without charge at Prison Camp X-Ray at Guantanamo Bay. United States has a clear right to prosecute these people for suspected war crimes or terror attacks. However it also has a duty to take care of them in accordance with Geneva Convention and other international covenants it is signatory to. Despite their repeated assurances to the contrary, there has been increasing reports of inhuman conditions and deteriorating health conditions of the detainees. The third Geneva Convention provides a clear definition of a prisoner of war, but these prisoners have no legal status as POWs. They have no access to legal help as per Article 10 of UDHR, that they are entitled to a “fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”, and Article 9 of ICCPR which gives UDHR legal basis.
International Policies
In its pursuit of terrorists, US took the ‘War on Terror’ outside its national boundaries. Removal of Taliban regime, and capture of Osama-bin-Laden and his associates in al-Qaeda became the primary motive in attacking Afghanistan. This military action against another sovereign nation without any provocation was against international law. It was in clear defiance of UN Charter, which forbids “bombings where you cannot tell soldiers from civilians…replacing of other nation’ governments…” According to the definition given by Convention to Suppress Terrorist Bombings, signed but not ratified by US, the bombings qualify as terrorism. This action is also a misrepresentation of UN Article 51 that allows for “…the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations…” Security Council Resolution 1368 adopted the day after the attacks merely condemns Afghanistan, but does not give legitimacy to military action. Besides killings of civilians have been justified on grounds of collateral damage.
The focus next shifted to Iraq. The suspected development and fear of consequent misuse of weapons of mass destruction (WMDs) by Saddam Hussein, alleged links to al-Qaeda and establishment of a democratic government formed the basis of military action against Iraq. UN Security Council was bypassed in this unprovoked offensive. No evidence has been found of either WMDs or the suspected links of the Ba’ath regime to al-Qaeda. Appalling conditions in prisons, Abu Ghraib in particular have shaken the whole world. US claims that the prohibition on cruel, inhuman or degrading treatment-enshrined in Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment-the United States ratified in 1994—does not apply to U.S. personnel in the treatment of non-citizens abroad. While asserting that torture by all U.S. personnel was unlawful, it says that no law would prohibit the CIA from engaging in cruel, inhuman or degrading treatment when it interrogates non-Americans outside the United States. This interpretation permits the CIA to commit in secret detention facilities abroad many of the shocking forms of abuse that took place at Abu Ghraib, that includes placing detainees in painful stress positions, imposing sensory deprivation through the use of hoods, intimidating them with military dogs and use of other coercive methods.
Though there has been an effort to punish the guilty of rights abuse at Abu Ghraib, but more needs to be done. Unilateral action taken by United States has certainly eroded the authority of United Nations in dealing with international problems in a peaceful manner. International treaties must be adhered to by the strongest nation of the world, otherwise simply signing them will not give them the required authority if they can be so flagrantly misused or set aside in times of national emergencies.
Conclusion
Human Rights exist because it is morally imperative on governments to provide certain fundamental guarantees to their citizens. They include social, political as well as economic rights. Governments must ensure that their citizens enjoy their human rights through a proper setup of laws, agencies for their implementation and system to redress their grievances, while maintaining the human rights of citizens of other countries at the same time. Loopholes in laws do exist which may be exploited by states to suppress human rights, so international community should be vigilant in preventing such abuse. From our case study of the changes in national and international policies of the US, it becomes clear that human rights are transnational in nature, and there is a need to make international conventions and declarations legally binding on the countries the world over, to improve cooperation among nations as well as international institutions, and make efforts to restore the sanctity of the UN General Assembly.
References
Amnesty International (2005). "War on Terror" Human Rights Issues. Retrieved from http://www.amnestyusa.org/waronterror/patriotact
Amnesty International (2005). "Denial Of Rights: Amend the USA PATRIOT Act Now!" Retrieved from http://www.amnestyusa.org/waronterror/ib_torture.html
Constitution of the United States of America. Retrieved from US House of Representatives, http://www.house.gov/Constitution/Constitution.html
Fagan, A. (2004). "Human Rights", Internet Encyclopedia of Philosophy. Retrieved from http://www.iep.utm.edu/h/hum-rts.htm
Human Rights Watch (2005, January 25), US: Justifying Abuse of Detainees. Retrieved from http://hrw.org/english/docs/2005/01/25/usint10072.htm
International Court of Justice (2005, February 15). "International Court of Justice: General Information – The Court at a Glance." Retrieved from http://www.icj-cij.org/icjwww/igeneralinformation/icjgnnot.html
Marxist Internet Archives (1999–2003) "Right", Encyclopedia of Marxism, Blasgen, B. and Blunden, A., editors. Retrieved from http://www.marxists.org/glossary/terms/r/i.htm
Ministry of Law, Justice and Company Affairs, Govt. of the Republic of India (2002, March 31). "Fundamental Rights, Directive Principles, and Fundamental Duties", National Commission to Review the Working of the Constitution. Final Report, Vol 1, Ch 3. http://lawmin.nic.in/ncrwc/finalreport/v1ch3.htm
Puches, A. R. (1995–2005). "Human Rights", Action Without Borders . Retrieved from http://www.idealist.org/resource_guides/guide_human_intro.html
Samji, H. (2003, December 18). Alone, Forgotten and Ready to Die: The Health Impact of Incarceration at the United States Prison in Guantanamo Bay, Cuba. Health and Human Rights. Retrieved from http://www.hsph.harvard.edu/fxbcenter/HusseinSamji_GuantanamoBay.pdf
Tolworthy, C. (2002, March) September 11th and Terrorism FAQ. Global Issues. Retrieved from http://www.globalissues.org/Geopolitics/MiddleEast/TerrorInUSA/faq.asp
UN General Assembly (1993). "The Paris Principles" Resolution 48/134 of 20 December 1993, annex. Retrieved from The Asia Pacific Forum of National Humarn Rights Institutions http://www.asiapacificforum.net/about/paris_principles.html
Introduction
Human rights are considered universal and irrevocable and exist because we are human beings. The governments irrespective of their ideologies have a duty to protect these rights. Universal Declaration of Human Rights covers the full spectrum of human rights - civil, political, economic, social and cultural - that may be addressed at a local, national or international level. Human rights are the fundamental things in life that every person is entitled to. These provide dignity, humanity, respect and freedom to all people. Social and economic issues such as health, housing, employment and the right to an education are as much human rights as the political rights such as free speech and protection from torture.
Historical Background
The concept of human rights in some form has been present since ancient times in teachings of the philosophers. It has its roots in the moral universalism of Aristotle and the Stoics. Aristotle explains in his Nicomachean Ethics of existence of a universal and natural moral order, which forms the basis of various systems of justice, and involves application of reason free from prejudice. While distinguishing between ‘natural justice’ and ‘legal justice’, Aristotle writes, “the natural is that which has the same validity everywhere and does not depend upon acceptance.” (Nicomachean Ethics) The Roman Stoics Cicero and Seneca believe that morality originates from God's will, and since it transcends all local legal authority, this universal rule of conduct imposes an obligation on all to obey this will of God. This belief in the universality of a moral order was held in Europe over the centuries. In England “Rights of man” have their origin in Magna Carta. It contains origins of various modern human rights, as freedom of church from political authority, freedom to own property, and of equality before the law. From these beliefs emerge the notion of "natural rights" during the 17th and 18th century. These rights belong to a person not because he belongs to a particular country or religion, but because he is a human. Locke and Diderot elaborated upon natural rights. They argue that governments exist to preserve these natural rights of the people. The French Revolution of 1789 as well as the American War of Independence had their basis in this belief, which was expanded by Thomas Paine, Stuart Mill, and Thoreau. Kant on the other hand has given this right the basis of human reason instead of the will of God. He argues for the rationality and equality of human beings, and moral principles must have universal basis to be acceptable to all. Thoreau in his Civil Disobedience first used the term “human rights“. Various movements of 19th and 20th centuries, fight for equality of wages, humanized working conditions, equality of sexes, abolition of slavery, were fought on these ideals were essentially political in nature. Holocaust during WW II is the precipitating factor in the development of a framework of some universal rights that would be adhered to no matter what. This framework is the Universal Declaration of Human Rights adopted on 10th December 1948 by the United Nations General Assembly without a dissenting vote.
Universal Declaration of Human Rights (UDHR)
Though necessarily considered political in nature, human rights came to include social and economic rights of people everywhere after the adoption of UDHR by the UN General Assembly in response to the horrors perpetrated during Holocaust. The preamble of UDHR recognizes human rights as "inherent", "fundamental" and "equal and inalienable" rights of human beings. It establishes the universality of human rights irrespective of “race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status… political, jurisdictional or international status of the country or territory to which a person belongs” as stated in Article 2. It states that
“Everyone has the right to life, liberty and security of person.” Article 3
“No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 5
“No one shall be subjected to arbitrary arrest, detention or exile.” Article 9
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” Article 10
“Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.” Article 11
“Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.” Article 28
Subsequently drafted and enacted international human rights agreements include the Convention on the Elimination of All Forms of Discrimination Against Women, the Declaration on the Right to Development, the UN Convention on the Rights of the Child, International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights and several dozens of other international documents which identify and codify human rights norms. Many countries of the world have signed these declarations and covenants, some have been ratified and become laws, or the basis of the enactment of various laws protecting civil, political, social and economic rights of the citizens in various countries. Though quoted in courts of law, these covenants have no legality unless respective state governments make laws based upon them.
Constitution of India assures dignity and equality of the individual and provides for the social, economic and political justice, freedom of speech, action, thought and religion, right against torture and inhuman and degrading punishment, as well as right to legal aid. National Human Rights Commission, National Commission for Protection of Minorities, National Commission for Women, etc are lending a helping hand to report and redress human rights abuses.
US Constitution guarantees freedom of religion, speech and expression (1st Amendment) and right to legal advice (5th Amendment)
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...
Despite provisions in the constitutions and enactment of various laws to protect human rights of the citizens, countries do have ways and means of getting around those laws. These fundamental rights get suspended during the times of emergency.
Human Rights in National perspective
Human rights can be distinguished from the legal rights because of the fact that the latter can be upheld in any court of law by simply referring to the relevant law, while the former refer to moral claims that may or may not find a legal basis. Democracies like India, United Kingdom, United States of America, France, Germany, Canada, Australia, etc have made laws incorporating these human rights as legally binding. Institutions like police, judiciary and human rights commissions help in maintaining these guarantees. UDHR forms the basis of these laws. The Paris Principle, endorsed by UN Commission on Human Rights and UN General Assembly in 1992 and 1993 respectively, has become the frame of reference for setting up and managing human rights commissions in the member states. Its important points are
§ independence guaranteed by statute or constitution
§ autonomy from government
§ pluralism, including in membership
§ a broad mandate based on universal human rights standards
§ adequate powers of investigation
§ sufficient resources.
These measures ensure that the commissions are independent from the governments and powerful enough to regulate human rights cases in respective countries.
On the other hand, countries like Saudi Arabia, Syria, Myanmar, Zimbabwe and China have totalitarian dictatorial regimes. The people do not have the freedom of speech, thought or expression, legal rights or to hold different religious opinion. Tiananmen Square and Tibet in China, Palestine in West Asia, ethnic cleansing in Bosnia and more recently in Sudan, Northern Ireland and Jammu& Kashmir, all have become synonymous with rights abuses of one kind or another. Any infraction against governmental policies results in disproportionate punishment. Amnesty International, Human Rights Watch and UN Commission for Human Rights try to bring to light rights abuses in an attempt to redress the wrongs being perpetrated. Annual human development reports bear a witness to the deteriorating conditions despite the presence of international and national constitutional safeguards against any such abuse.
Governments have a duty towards their citizens to protect their human rights. However, human rights are not bound by national boundaries. Nations rich in resources must assist those countries that are not able to protect the rights of their citizens due to lack of enough adequate resources. The most important step in this direction would be respecting the sovereignty of other nations. International Court of Justice has been in operation since 1946 to settle legal disputes between two nations according to international law, and to give its advisory opinion to international agencies and organizations. Its jurisdiction applies to only those states that have accepted it. Geneva Convention relative to the Treatment of Prisoner of War came into force in 1950. It will be upheld in peacetime as well as during war. It categorically forbids torture, mutilation, outrages and humiliation of prisoners of war, military personnel or general population, provides for proper care of the sick and the wounded, and access to legal aid.
However, the promise held by international covenants and declarations appears to have remained unfulfilled because of the reports of ever growing abuses of human rights. More specifically, in recent years these have been funneled by the war on terror after September 11, 2001 terrorist attacks in the United States.
Human Rights Abuse Case Study: post-9/11 US
United States was founded on the principles of equality and provision of certain inalienable rights to individuals. It has ratified Geneva Convention, International Covenant on Civil and Political Rights, and Convention against Torture in its efforts towards the maintenance of these human rights nationally as well as internationally. However, the immediate effect of the 9/11 terrorist attacks in the USA was curtailment of these rights of the citizens. There began a ‘War on Terror’ to seek out and destroy individuals or groups who pose a national security risk anywhere in the world.
Domestic Policies
USA PATRIOT Act grossly undermines the human rights of both citizens and non-citizens. It allows detention without charge, indefinite detention after charges have been framed, contains a vague definition of domestic terrorism and permits searches of person and property without prior notification. These provisions are clearly in breach of the US Constitution, Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture, the Convention on the Elimination of All Forms of Racial Discrimination, Geneva Convention, and Vienna Convention on Consular Relations.
According to Amnesty International more than 3000 suspected al-Qaeda members have been detained worldwide since the September 11, 2001 attacks. Many of the countries where these suspects have been held, are known to employ torture. More than 600 prisoners are being held without charge at Prison Camp X-Ray at Guantanamo Bay. United States has a clear right to prosecute these people for suspected war crimes or terror attacks. However it also has a duty to take care of them in accordance with Geneva Convention and other international covenants it is signatory to. Despite their repeated assurances to the contrary, there has been increasing reports of inhuman conditions and deteriorating health conditions of the detainees. The third Geneva Convention provides a clear definition of a prisoner of war, but these prisoners have no legal status as POWs. They have no access to legal help as per Article 10 of UDHR, that they are entitled to a “fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”, and Article 9 of ICCPR which gives UDHR legal basis.
International Policies
In its pursuit of terrorists, US took the ‘War on Terror’ outside its national boundaries. Removal of Taliban regime, and capture of Osama-bin-Laden and his associates in al-Qaeda became the primary motive in attacking Afghanistan. This military action against another sovereign nation without any provocation was against international law. It was in clear defiance of UN Charter, which forbids “bombings where you cannot tell soldiers from civilians…replacing of other nation’ governments…” According to the definition given by Convention to Suppress Terrorist Bombings, signed but not ratified by US, the bombings qualify as terrorism. This action is also a misrepresentation of UN Article 51 that allows for “…the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations…” Security Council Resolution 1368 adopted the day after the attacks merely condemns Afghanistan, but does not give legitimacy to military action. Besides killings of civilians have been justified on grounds of collateral damage.
The focus next shifted to Iraq. The suspected development and fear of consequent misuse of weapons of mass destruction (WMDs) by Saddam Hussein, alleged links to al-Qaeda and establishment of a democratic government formed the basis of military action against Iraq. UN Security Council was bypassed in this unprovoked offensive. No evidence has been found of either WMDs or the suspected links of the Ba’ath regime to al-Qaeda. Appalling conditions in prisons, Abu Ghraib in particular have shaken the whole world. US claims that the prohibition on cruel, inhuman or degrading treatment-enshrined in Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment-the United States ratified in 1994—does not apply to U.S. personnel in the treatment of non-citizens abroad. While asserting that torture by all U.S. personnel was unlawful, it says that no law would prohibit the CIA from engaging in cruel, inhuman or degrading treatment when it interrogates non-Americans outside the United States. This interpretation permits the CIA to commit in secret detention facilities abroad many of the shocking forms of abuse that took place at Abu Ghraib, that includes placing detainees in painful stress positions, imposing sensory deprivation through the use of hoods, intimidating them with military dogs and use of other coercive methods.
Though there has been an effort to punish the guilty of rights abuse at Abu Ghraib, but more needs to be done. Unilateral action taken by United States has certainly eroded the authority of United Nations in dealing with international problems in a peaceful manner. International treaties must be adhered to by the strongest nation of the world, otherwise simply signing them will not give them the required authority if they can be so flagrantly misused or set aside in times of national emergencies.
Conclusion
Human Rights exist because it is morally imperative on governments to provide certain fundamental guarantees to their citizens. They include social, political as well as economic rights. Governments must ensure that their citizens enjoy their human rights through a proper setup of laws, agencies for their implementation and system to redress their grievances, while maintaining the human rights of citizens of other countries at the same time. Loopholes in laws do exist which may be exploited by states to suppress human rights, so international community should be vigilant in preventing such abuse. From our case study of the changes in national and international policies of the US, it becomes clear that human rights are transnational in nature, and there is a need to make international conventions and declarations legally binding on the countries the world over, to improve cooperation among nations as well as international institutions, and make efforts to restore the sanctity of the UN General Assembly.
References
Amnesty International (2005). "War on Terror" Human Rights Issues. Retrieved from http://www.amnestyusa.org/waronterror/patriotact
Amnesty International (2005). "Denial Of Rights: Amend the USA PATRIOT Act Now!" Retrieved from http://www.amnestyusa.org/waronterror/ib_torture.html
Constitution of the United States of America. Retrieved from US House of Representatives, http://www.house.gov/Constitution/Constitution.html
Fagan, A. (2004). "Human Rights", Internet Encyclopedia of Philosophy. Retrieved from http://www.iep.utm.edu/h/hum-rts.htm
Human Rights Watch (2005, January 25), US: Justifying Abuse of Detainees. Retrieved from http://hrw.org/english/docs/2005/01/25/usint10072.htm
International Court of Justice (2005, February 15). "International Court of Justice: General Information – The Court at a Glance." Retrieved from http://www.icj-cij.org/icjwww/igeneralinformation/icjgnnot.html
Marxist Internet Archives (1999–2003) "Right", Encyclopedia of Marxism, Blasgen, B. and Blunden, A., editors. Retrieved from http://www.marxists.org/glossary/terms/r/i.htm
Ministry of Law, Justice and Company Affairs, Govt. of the Republic of India (2002, March 31). "Fundamental Rights, Directive Principles, and Fundamental Duties", National Commission to Review the Working of the Constitution. Final Report, Vol 1, Ch 3. http://lawmin.nic.in/ncrwc/finalreport/v1ch3.htm
Puches, A. R. (1995–2005). "Human Rights", Action Without Borders . Retrieved from http://www.idealist.org/resource_guides/guide_human_intro.html
Samji, H. (2003, December 18). Alone, Forgotten and Ready to Die: The Health Impact of Incarceration at the United States Prison in Guantanamo Bay, Cuba. Health and Human Rights. Retrieved from http://www.hsph.harvard.edu/fxbcenter/HusseinSamji_GuantanamoBay.pdf
Tolworthy, C. (2002, March) September 11th and Terrorism FAQ. Global Issues. Retrieved from http://www.globalissues.org/Geopolitics/MiddleEast/TerrorInUSA/faq.asp
UN General Assembly (1993). "The Paris Principles" Resolution 48/134 of 20 December 1993, annex. Retrieved from The Asia Pacific Forum of National Humarn Rights Institutions http://www.asiapacificforum.net/about/paris_principles.html
