International & U.S. Law

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Universal Declaration of Human Rights

The following statements were copied from the United Nation's website at the URL below:: www.un.org/events/human rights/udhr60/declaration.shtml. You can also read, download and print a 2-page version of the Universal Declaration of Human Rights from this website here.

Universality

Many things can be said about the Universal Declaration of Human Rights (UDHR). It is the foundation of international human rights law, the first universal statement on the basic principles of inalienable human rights, and a common standard of achievement for all peoples and all nations. As the UDHR approaches its 60th birthday, it is timely to emphasize the living document’s enduring relevance, its universality, and that it has everything to do with all of us. Today, the UDHR is more relevant than ever.

It was the UDHR, almost 60 years ago, that first recognized what have become nowadays universal values: human rights are inherent to all and the concern of the whole of the international community. Drafted by representatives of all regions and legal traditions, the UDHR has stood the test of time and resisted attacks based on “relativism”. The Declaration and its core values, including non-discrimination, equality, fairness and universality, apply to everyone, everywhere and always. The UDHR belongs to all of us. 

More than ever, in a world threatened by racial, economic and religious divides, we must defend and proclaim the universal principles --first enshrined in the UDHR-- of justice, fairness and equality that people across all boundaries hold so deeply.

Enduring Relevance

Human rights are not only a common inheritance of universal values that transcend cultures and traditions, but are quintessentially local values and nationally-owned commitments grounded in international treaties and national constitutions and laws.

The Declaration represents a contract between governments and their peoples, who have a right to demand that this document be respected. Not all governments have become parties to all human rights treaties.  All countries, however, have accepted the UDHR. The Declaration continues to affirm the inherent human dignity and worth of every person in the world, without distinction of any kind.

Ongoing Struggle

The UDHR protects all of us, and it also enshrines the gamut of human rights. The drafters of the UDHR saw a future of freedom from fear, but also of freedom from want. They put all human rights on an equal footing and confirmed human rights are essential to a life of dignity.

The UDHR drafters’ vision has inspired many human rights defenders who have struggled over the last six decades to make that vision a reality. The contemporary international human rights edifice that originates in the UDHR is to be celebrated. But it has yet to benefit all of humanity equally.

The struggle is far from over. As the Declaration’s custodians and beneficiaries, all of us must reclaim the UDHR, make it our own. While we are entitled to our human rights, we should also respect the human rights of others and help make universal human rights a reality for all of us. In our efforts lies the power of the UHDR: it is a living document that will continue to inspire generations to come.

Listen to the audio delivered by Eleanor Roosevelt in France to the United Nation's General Assembly on the adoption of the Universal Declaration of Human Rights. It is available at website of American Rhetoric.com and can be played by clicking here.

UNIVERSAL DECLARATION
OF HUMAN RIGHTS



Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and the security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

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 11

  1. Everyone charged with a penal offense has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  2. No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

  1. Everyone has the right to freedom of movement and residence within the borders of each State.
  2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

  1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
  2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

  1. Everyone has the right to a nationality.
  2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16

  1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
  2. Marriage shall be entered into only with the free and full consent of the intending spouses.
  3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

  1. Everyone has the right to own property alone as well as in association with others.
  2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

  1. Everyone has the right to freedom of peaceful assembly and association.
  2. No one may be compelled to belong to an association.

Article 21

  1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
  2. Everyone has the right of equal access to public service in his country.
  3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

  1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
  2. Everyone, without any discrimination, has the right to equal pay for equal work.
  3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
  4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

  1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
  2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

  1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
  2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
  3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

  1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
  2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

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 29

  1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
  2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
  3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

 

United Nations Resolutions

The United States has vetoed or abstained from every resolution critical of Israel that was submitted to the Security Council. The United States has provided unconditional diplomatic support for Israel by never voting against Israel in the UN for over five decades. The URL that follows is a pro-Israel website that lists the diplomatic support that the United States has provided to Israel from 1972 through 2006: www.jewishvirtuallibrary.org/source/UN/usvetoes.html. This site has links to the UN resolutions from 1990 to 2006. A 2-page document published by AIPAC (The American Israel Public Affairs Committee) can be read, downloaded and printed here.

The resolutions that are most frequently referenced by human rights groups in Israel and throughout the world include 181, 194, 242, 267, 303, 338, 465 and 681. A recent UN resolution (1860) followed Israel's siege of Gaza in Operation Cast Lead. Text for any of these resolutions can be viewed by entering "UN Resolution" plus the number of the resolution into a Google or other search engine.


Fourth Geneva Convention

The Fourth Geneva Convention dealt with the Protection of Civilian Persons in Time of War. It was adopted on August 12, 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from April 21 to August 12, 1949. It entered into force October 21, 1950. The 33-page document can be viewed at the following URL: www.unhchr.ch/html/menu3/b/92.htm. The following document is taken from the Internation Conferences of the Red Cross with the URL: www.icrc.org/ihl.nsf/INTRO/380?OpenDocument.

General title Diplomatic Conference of Geneva of 1949.
Forum of adoption Diplomatic Conference of Geneva of 1949
In force yes
Entry into force 21.10.1950


The Geneva Conventions which were adopted before 1949 were concerned with combatants only, not with civilians. Some provisions concerning the protection of populations against the consequences of war and their protection in occupied territories are contained in the Regulations concerning the laws and customs of war on land, annexed to the Hague Conventions of 1899 and 1907. During World War I the Hague provisions proved to be insufficient in view of the dangers originating from air warfare and of the problems relating to the treatment of civilians in enemy territory and in occupied territories.

The International Conferences of the Red Cross of the 1920's took the first steps towards laying down supplementary rules for the protection of civilians in time of war. The 1929 Diplomatic Conference, which revised the Geneva Convention on wounded and sick and drew up the Convention on the treatment of prisoners of war, limited itself to recommending that "studies should be made with a view to concluding a convention on the protection of civilians in enemy territory and in enemy occupied territory." A draft convention containing forty articles prepared by the International Committee of the Red Cross was approved by the International Conference of the Red Cross in Tokyo in 1934 and is generally referred to as the "Tokyo Draft". It was to be submitted to a diplomatic conference planned for 1940, but this was postponed on account of the war. The events of World War II showed the disastrous consequences of the absence of a convention for the protection of civilians in wartime.

The Convention adopted in 1949 takes account of the experiences of World War II. It contains a rather short part concerning the general protection of populations against certain consequences of war (Part II), leaving aside the problem of the limitation of the use of weapons. The great bulk of the Convention (Part III - Articles 27-141) puts forth the regulations governing the status and treatment of protected persons; these provisions distinguish between the situation of foreigners on the territory of one of the parties to the conflict and that of civilians in occupied territory. The Convention does not invalidate the provisions of the Hague Regulations of 1907 on the same subjects but is supplementary to them (see Article 154 of the Convention).

Meetings of forum 21.04.1949 - 12.08.1949, Geneva
Date of adoption 12.08.1949
Depositary Switzerland
Number of articles 159 + 3 annexes
Authentic text English; French
Source The Geneva Conventions of August 12, 1949, International Committee of the Red Cross, Geneva, pp.153-221.

 

U.S. Law


"The Arms Export Control Act of 1976 gives the President of the United States the authority to control the import and export of defense articles and defense services. It requires governments that receive weapons from the United States to use them for legitimate self-defense.... In January 2009, Congressman Dennis Kucinich sent notice to Secretary of State, Dr. Condoleezza Rice, that Israel's actions in Gaza since December 27th, 2008 may constitute a violation of the Arms Export Control Act. When the President is aware of the possibility of such violations, the AECA requires a report to Congress on the potential violation(s)." [from Wikipedia]. Evidently the request was ignored by President Bush and has not been followed up by the new administration. Note that on page CRS-5 of a report found here summarizes the situations when the Arms Export Control Act of 1975 was applied to Israel (up to the March 14, 2005 date of that report).