Human security and international law

1. Human security and international law (Borrowed from 2008 lecture by Professor Gro Nystuen, University of Oslo)

2. Human security from a legal point of view • Law is a normative tool. • Law determines: • rights and obligations • (normally) implementation mechanisms • (often) sanctions against non compliance • Law can ‘grip’non-state actors as well as or even better than states • Human Security is not ‘law’ but law can be used to define what it is and safeguard it

3. Jus ad bellum and jus in bello • Jus ad bellum are the international rules pertaining to to which extent the use of military force against another state is allowed. - Limits damage done to human security by war as such; indirectly limits militarization and associated damage to human security + liberties • Jus in bello are the international rules pertaining to how armed conflict must be conducted. - Limits nature/scale of damage including to civilians, also in intra-state or non-state war

4. International humanitarian law: Agreements between states on how to conduct war, and on protection of individuals (civilians and combattants) International human rights law: Agreements between states regulating the relationship between each state and the individuals over which it has jurisdiction International law relevant to ”human security”:

5. The Content of IHL is PROTECTION of 1) Combatants: • Soldiers/officers • Others (participants in hostilities) 2) Non-combatants: • Soldiers hors de combat (Sick, wounded, surrendered, POWs) • Civilians

6. The Content of HRL is PROTECTION of all persons within the jurisdiction of a State (regardless of citizenship) against abuse of power of State authorities, or failure by State authorities to ensure human rights

7. International Human Rights Law • Point of departure: • Restrictions on arbitrary abuse of power by the state • General treaties: • International Covenant on Civil and Political Rights (1966) • International Covenant on Economic, Social and Cultural • Rights (1966) • European Convention on Human Rights and Fundamental • Freedoms (1950) • Special Treaties: • Convention on Torture • Convention on Racial Discrimination • Convention on Discrimination of Women (NB UNSCR 1325) • Etc..

8. International humanitarian law • The point of departure: restrictions on how to conduct warfare • General Rules: • The four Geneva Conventions (1949): • 1: Wounded and sick soldiers on land • 2: Wounded and sick soldiers on sea • 3: Prisoners of war • 4: Protection of civilians and occupation • The two Additional Protocols (1977): Additional rules on means and protection • 1) In international armed conflicts • 2) In non-international armed conflicts

9. Other special rules mostly on weaponry: • NPT (non-proliferation of nuclear weapons) 1968 • Biological and Toxin Weapons Convention 1972 • Environmental Modification Convention 1977 • Convention on inhumane weapons (CCW) 1980 (What is a ‘cushie’ weapon?) • Chemical Weapons Convention 1993 • Anti Personnel Mines (Ottawa Treaty) 1997 • Use of lasers for blinding • Cluster munitions 2008

10. Remedies and monitoring mechanisms under humanitarian law (IHL) and human rights law (HR)

11. Examples of recent and emerging law in the area of human security • UN Convention on the Rights of Disabled Persons • Protocol (individual complaint system) to the UN Covenant on Economic, Social and Cultural Rights • ICC statute and other tools for post-conflict justice • 2005 UN Summit formulation of Responsibility to Protect