The Human Rights Blog

Welcome to Part II of the “Human Rights Informational Series.” Last week, I posted the five essential things I think everyone should know about human rights.  This week, I’ve included the five essentials to understanding treaties , which may be particularly useful information for budding human rights activists or those who simply want to build a stronger foundation in human rights.

Part II – The Five Essentials to Understanding Treaties

1. Treaties are…

According to the The Vienna Convention, a treaty is a written, international agreement between states (countries) that is governed by international law.  In order for a state to be bound to the treaty and its obligations, the treaty must be ratified by the state and entered into force.  States that sign a treaty, but do not ratify, are not bound to it by international law.  Likewise, a treaty that has been ratified but not entered into force is not binding.  For example, the 1989 Convention on the Rights of the Child (CRC) was signed by the United States, but never ratified.  Thus, when the CRC was entered into force, the US was not bound to it.

Once entered into force, all states that ratified the treaty must perform the treaty’s obligations in good faith, or pacta sunt servanda, which is Latin for “agreements must be kept.” If a state does not perform the treaty in good faith, a case may be brought against the state in the International Court of Justice (ICJ).

2. Treaty disputes are settled by the International Court of Justice.

The ICJ is the primary international court of the United Nations, located at the Peace Palace in The Hague, Netherlands.  The ICJ has a panel of 15 elected judges who resolve treaty disputes between nations.  However, in order for the ICJ to preside over a state, the state must have accepted the ICJ’s jurisdiction. This can be accomplished in three ways, but most commonly, a state agrees to the ICJ’s jurisdiction through a clause in the treaty, or jurisdictional clause, giving the ICJ authority to resolve potential disputes.

3. States can’t agree to just anything.  Restrictions do apply.

According to The Vienna Convention, a treaty that derogates from peremptory norms is void.  Peremptory norms of international law, or jus cogens, are certain standards accepted by the international community, which cannot be violated by any state and thereby provide limits to international treaties.  An actual list of limitations does not exist; rather, case law precedence, social customs and political standards set the peremptory norms.  Thus, treaties that allow for genocide, slavery, certain war crimes, crimes against humanity, etc., are automatically void ab initio because they conflict with peremptory norms.

4. What does the United States Constitution say about treaties?

Article 6 of the US Constitution states that the Constitution, the laws of the United States, and all treaties made under the authority of the United States shall be the supreme law of the land.  Article 2, which is also known as the Treaty Clause, explains that the President has the power to make treaties by and with the advice and consent (two-thirds) of the Senate.

As “Chief Diplomat” of the United States, the President also has constitutional authority to enter into Executive Agreements – accords with other nations without the advice and consent of the Senate. Such agreements are usually made for political, foreign-policy reasons and are typically used in limited capacity.

5. Even though treaties are the supreme law of the land, not all treaties prevail over US law.

Treaties are either self-executing or non-self-executing.  A self-executing treaty does not require federal legislation in order for the treaty to have the effect of law.  Simply put, once the United States ratifies a self-executing treaty, the US must automatically abide by the treaty’s obligations.   A non-self-executing treaty, on the other hand, requires that additional federal legislation, called “implementing legislation” be enacted to essentially write the treaty into law.

It is particularly important to know and understand that human rights treaties that are ratified by the United States are always non-self-executing.  Again, before a human rights treaty becomes the supreme law of the land in the United States, Congress must first pass implementing legislation.  (Incidentally, it is for this reason that I happen to find the United States’ failure to ratify the Convention on the Rights of the Child exceedingly perplexing, since ratification alone would not cause the CRC’s obligations to trump US law.)

For more reading about treaties, please take a look at the link below:

The International Law of Treaties

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Freedom is indivisible, and when one man is enslaved, all are not free. – JFK

On November 9th, the world celebrated the 20^th anniversary of the fall of the Berlin Wall.  The Berlin Wall, a concrete and barbed wire barrier that stood as the physical division between East and West Berlin, served as perhaps the most recognizable symbol of the Iron Curtain, separating Western democratic ideology from Eastern communist thought.

In 1989, I was a fourth grade student, anxiously awaiting my 10^th birthday, which was one month away.  The night of November 9th, my Dad and I sat together to watch the ABC Nightly News with Peter Jennings, as we did nearly every evening.  The image I saw that night of ordinary individuals, shouting for joy while busting through the thick, concrete Wall covered in graffiti, is one of the most memorable media images of my childhood.  I was old enough to realize that I was watching freedom in action, which made me happy and excited although I did not fully comprehend the long history that went behind the story.

History of the Berlin Wall

Post WWII, the Allied forces of the United States, France, Great Britain, and the Soviet Union divided Germany’s decimated capital city of Berlin into four zones.  While the US, French, and British zones became democratic, which allowed for a free-flow of information and ideas, the Soviet’s zone fell to communism.  Wishing to flee from the communist dictatorship, East Germans flocked to West Germany in droves – nearly 1,000 people a day – in the late 1950’s.  In response to the mass exodus, the East German government moved quickly and suddenly to construct a 27-mile long “fence” of concrete and barbed wire, completely dividing the city.  All communication lines between east and west were severed and residents were forbidden to cross the border.  The East German government told the people that the Wall was built to protect them from the West.  Soon thereafter, the East German government restricted all border crossings by barricading East Germany from all sides with barbed wire.  What came to be known as the Berlin Wall went through a series of “improvements,” changing the structure from a makeshift, barbed wire fence to a 12 foot high and over 100 mile long wall of concrete slab with steel girders and smooth pipes lining the top to prevent residents from climbing over the wall.

Conditions within East Germany became even more oppressive thereafter.  Residents lived in poverty and had little access to non-government controlled news and information. The Berlin Wall was guarded by armed East German soldiers at all times, who had authority to shoot those who attempted to defect.  Approximately 5,000 people attempted to escape over the Wall and hundreds were killed during their attempts. Perhaps the most recounted story is that of Peter Fechter, a young man who was shot by guards as he and a friend scaled the Wall.  While his friend made it to freedom, Fechter fell back to the East German side of the Wall where he was left on the ground for over an hour, bleeding to death while hundreds of civilians watched in horror.

The Fall of the Berlin Wall

By the late 1980’s, Communism began to weaken. During a 1987 visit to Berlin, President Ronald Reagan insisted that the Wall be destroyed.  In 1988, Mikhail Gorbachev encouraged East Germany to follow the Soviet Union’s new policies of openness and democratic reform (glasnost and perestroika).  When the border of Austria and Hungary crumbled in September 1989, which allowed 30,000 East Germans to escape, mass citizen-protests against the East German government ensued.  On November 4, 1989, over one million protesters demanded free elections, freedom of speech, freedom of the press and the right to travel.  Then, just as quickly and suddenly as the Wall’s construction commenced 28 years prior, the East German government announced that permanent relocation could begin immediately at all border checkpoints between East and West Berlin.  East Germans, shocked at the news, came to the borders to test the announcement, only to find that they were free to pass.  Soon, thousands of people, hammers and chisels in hand, joyfully chipped and carved away at the Wall while the world watched. The Berlin Wall, which stood as a symbol of communism and oppression for 28 years, was destroyed.

Construction of Another Wall is Nearly Complete

It may be difficult to imagine, but a new wall, which will dwarf the size and scope of the Berlin Wall, is under construction.  The State of Israel began building the Israeli West-Bank Barrier Wall nearly seven years ago to separate Israel from the West Bank.  Expected to be completed in 2010, the West-Bank Barrier Wall is a 400 mile-long, 26 foot-high mixture of fence and barbed wire, four times as long and high as the Berlin Wall.  In addition to the Barrier Wall, certain checkpoints include electric fencing, trenches, underground sensors, video surveillance and sniper towers.

Just as the East German government told its people that the Berlin Wall was a necessary means to protect them from the evils of Western influence, the Israeli government told its citizens that the West-Bank Barrier Wall is integral for their protection from Palestinian terrorists.  While the Israeli government expects the global community to believe that the Wall is a necessity, most in the international community agree that the Israeli government’s explanation is simply an excuse to impose grave restrictions on everyday Palestinian civilians. When complete, Palestinians who live near the Barrier Wall will lose access to their jobs, hospitals, and schools.

Five years ago, the International Court of Justice issued an advisory opinion condemning the Wall as illegal and calling for an immediate cease in construction.  The Court found that the Wall violates international law, including the Charter of the United Nations, and warned the international community not to provide any aid or assistance to Israel for the Wall’s construction.   Since then, few actions have been made to put the ICJ’s ruling into practice and the Israeli government stepped up construction efforts.

Most recently, and in light of the 20^th anniversary of the Berlin Wall’s destruction, Palestinian demonstrators approached the West-Bank Barrier Wall on November 9^th and pulled pieces from the structure using trucks.  Israeli occupation guards quickly arrived and fired tear gas and rubber bullets at the protestors, squashing the protest .  Ironically that same day, President Obama made a video address to the German people, stating, “Today, there still those who live within walls of tyranny; human beings who are denied the very human rights that we celebrate today.  And that is why this day is for them as much as it is for us. It is for those who believe….that walls can truly come down.”

Considering President Obama’s encouraging words and his campaign promises to put human rights on the forefront of American politics, I look forward to the day when we may soon celebrate the fall of yet another barrier to human rights.  This weekend, I encourage you to revisit the history and fall of the Berlin Wall, and then find out what you can do ensure that the construction of similar barriers to freedom are never completed.

You can read more about the 20^th Anniversary of the Fall of the Berlin Wall:

Take a Tour of the History of the Berlin Wall – The Newseum

The Fall of the Berlin Wall, Your Memories

Find out more about the Israeli West-Bank Barrier Wall:

What is the West-Bank Barrier Wall?

Stop the Wall!

West Bank Barrier Violates Human Rights

Tell President Obama What You Think:

http://www.whitehouse.gov/CONTACT/

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Do you care about the basic, human rights of all people? Are you a budding human rights activist or advocate? No matter your level of experience or interest, there are key areas of human rights with which everyone should be familiar.

As Part 1 of this “information series,” I’ve put together the five things I think everyone should know about human rights. Each week, I will build on these concepts and include links to additional information.

Part 1 – The First Five Essentials of Human Rights

1. Everyone has human rights. Including children.

Human rights refers to basic rights and freedoms, like dignity and justice, which are inherent to all people regardless of race, sex, religion, class, or any other status. Children have human rights, too, as recognized in the Convention on the Rights of the Child.

2. On December 10th, 1948, the UN’s Universal Declaration of Human Rights (UDHR) was adopted, formally declaring human rights for all people.

The UDHR was the world’s first, formal statement recognizing that all people have fundamental freedoms and rights. Known for being the most widely translated document in the world, the UDHR was created to combat the atrocities that took place during the Holocaust. The UDHR was framed by the Human Rights Commission, of which Eleanor Roosevelt was chair.

3. The Geneva Conventions – All is not fair in love and war.

The Geneva Conventions are a series of conventions that effectively define international humanitarian law. The conventions provide rules for dealing with armed conflict; in particular, the treatment and protection of captured combatants, the sick and wounded, and displaced civilians. Clara Barton, Founder of the American Red Cross, was instrumental in US ratification of the Geneva Conventions.

4. The United States has not ratified a human rights treaty since 2002.

While this may surprise you, it is, in fact, true. What’s more, the US is not party to some of the world’s most important human rights treaties. For example, the US is the only country on the planet, besides Somalia, that has not ratified the Convention on the Rights of the Child, which is the most widely-ratified human rights treaty in the world. Additionally, the US joins Iran, Nauru, Palau, Somalia, Sudan and Tonga as the only counties that failed to ratify the Convention on the Elimination of All Forms of Discrimination against Women, which serves as the women’s bill of rights.

5. Every one of us can help protect the human rights of others.

In order to protect the human rights of others, you have to know what your rights are. Once you know, share this information with others. If you see someone being bullied in school, speak up for them. If someone you know falls prey to malicious or damaging rumors, confront the rumors and stand up for the victim! In your spare time, volunteer at a church, homeless shelter, food bank, or local school. Finally, add a badge to your website or blog to share your beliefs with the world. These things may seem small to you, but to the people you help, it means everything.

Still interested in learning more about human rights, or want to simply test your knowledge? Visit the UN’s Know Your Rights website, which was created in commemoration of the UDHR’s 60^th anniversary. You can take the human rights quiz, peruse the Human Rights Index and more.

Front page photo credit: http://www.flickr.com/photos/maureen_sill/ / CC BY-NC 2.0

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