Expanding the reach of international law

by | Oct 20, 2021 | Homework Help

Write a 6 pages paper on the challenges, benefits and trade-offs of expanding the reach of international law. The essay will discuss what is done normatively, touching upon individual rights and responsibilities at the institutional level. Benefits A number of things have evolved normatively and also at the institutional level to incorporate individual responsibilities and rights in international law. This has led to the significant advancements and benefits for individuals. Firstly, the individual rights are recognized in a more formal and appropriate capacity, as it is evident within the context of the Universal Declaration of The Human Rights. It identifies the people’s dignity and also the equal and inseparable rights of individuals, such as freedom of belief and speech. These rights should be protected by the rule of law. It became adopted in 1948 by the General Assembly of the United Nations. It indicated that member-countries had to publicize the Declaration text, disseminate, display, and have it revised principally in all educational institutions, without distinctions based on the status of the political mood of nations or territories. This has enabled the education of individuals about their rights on a global scale (Diehl, 2009). The fact that there is the documentation of the rights and they have become codified provided people with confidence to step forward and seek protection when their rights are violated. For example, the Geneva Convention and its two added protocols regulate the behaviour in an armed conflict. It is now common for soldiers globally to treat each and every person injured in combat with the same respect and dignity even if he or she is an enemy. The more people become aware of their fundamental human rights, the easier it is to take steps in cases of abuse. Citizens who have their rights violated with no action taken by their government will become aware that justice is possible within the framework of the International Law (Sharon, 2010). Not only is the International Law efficient or effective but it also is a departure point, and it contains extensive potentials. In different instances, individuals seek compensation for injuries and are able to help other sufferers in the future. There are other instances where individuals do not have their government on their behalf. For example, when the 16 year old Michael Dominiques sentenced to death for committing murder in the state of Nevada lost his appeal in 2000 at the Supreme Court, he took it forward to the Inter-American Commission on Human Rights. His state had failed to protect the third article of the United Nations Charter, the right to life. He had the opportunity of taking the law into his own hands and claiming that the application of the death penalty would violate the United States treaty and the customary international law refusing the execution of juveniles. Based on the fact that the execution of criminal offenders under the age of 18 was considered an issue of jus cogens in international customary law, the sitting judge concluded that executing a minor would be a grave and irreparable violation. Dominique’s life was spared due to the international law.

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