Third Section

Global Mechanisms for the Protection of Human Rights

The comprehensive international mechanisms for the protection of human rights

can be classified into two types: institutional mechanisms and procedural
mechanisms.

 The first category consists of institutions affiliated with the United

Nations that oversee and safeguard human rights.
 The second category includes reporting systems, recommendations,
complaints, and interventions that contribute to human rights protection.

First: Institutional International Mechanisms for Human Rights Protection

The institutional international mechanisms for the protection of human rights

include judicial and non-judicial bodies under the United Nations.

1. Non-Judicial Bodies of the United Nations

A. The UN General Assembly

 The General Assembly is the main deliberative body of the UN.

 It consists of all UN member states and discusses all topics within the
framework of the UN Charter.
 While it does not have the authority to issue binding resolutions, it plays a
significant role in discussing human rights matters.
 The General Assembly has been involved in human rights issues,
adopting declarations and international agreements addressing topics such
as racial discrimination, genocide, refugees, women, children, and others.

B. Other UN Committees and Special Mechanisms

 Article 22 of the UN Charter allows the General Assembly to establish

subsidiary bodies as needed to fulfill its responsibilities.
 Several specialized committees have been established to investigate and
report on human rights violations, such as:
o The Committee on Decolonization (focused on ending colonial
rule).
o The Committee on Racial Discrimination (addressing issues of
racial segregation and discrimination).
o The Committee on Israeli Practices (investigating human rights
violations in occupied territories).
The local population of these lands…). Consequently, the General Assembly
established the Human Rights Council to support and promote all human rights
and their protection worldwide.

The General Assembly is considered one of the most important UN bodies that
adopts international declarations related to human rights in various forms. It
was the entity that established the International Bill of Human Rights, which
includes the Universal Declaration of Human Rights and the International
Covenants on Human Rights, as well as most of the related international
documents issued by the United Nations.

B. The UN Security Council

 The Security Council consists of fifteen members of the United Nations:

o Five permanent members: China, France, Russia, the United
Kingdom, and the United States, who hold veto power.
o Ten non-permanent members, elected by the General Assembly
to serve rotating terms.

According to the UN Charter, the Security Council is the primary body

responsible for maintaining international peace and security. The Charter
grants the Council authority to determine cases that constitute threats to peace,
breaches of peace, or acts of aggression and to impose the necessary measures
to maintain peace and security, including sanctions or even military
intervention.

The Security Council addresses human rights issues in cases where they
threaten international peace and security.

 For example, it has issued decisions against apartheid policies in South

Africa, due to racial discrimination against Black South Africans.
 The Security Council has also condemned gross human rights
violations, such as ethnic cleansing, mass killings, and severe
humanitarian crises, which are considered threats to international peace
and security.
 In some cases, the Council has imposed economic sanctions on certain
countries, although such sanctions may have negative consequences on
human rights.

The Security Council is the only UN body with the power to enforce human
rights compliance through binding decisions. However, its role in human
rights protection is influenced by political considerations, with decisions
sometimes reflecting geopolitical interests rather than purely humanitarian
concerns.
Conflicting international interests of influential powers and the possibility of
adopting selective policies in the application of international legitimacy rules
can sometimes affect human rights cases. A clear example of this is the
Security Council's inconsistent stance on international events, such as its
handling of the cases of Iraq, Palestine, the former Yugoslavia, and
Chechnya.

C. The Economic and Social Council (ECOSOC)

 The Economic and Social Council consists of 54 member states elected

by the UN General Assembly.
 The UN Charter assigned this council responsibility for international
cooperation in economic and social fields.
 ECOSOC plays a key role in coordinating these efforts in collaboration
with the General Assembly and under its supervision.
 According to Article 62 of the UN Charter, ECOSOC has the authority
to:
o Promote respect for human rights and fundamental freedoms.
o Conduct studies and reports on economic, social, cultural, and
health-related matters.
o Submit recommendations to the General Assembly, member
states, and specialized UN agencies.
 Article 68 of the UN Charter allows ECOSOC to establish commissions
dealing with economic, social, and human rights issues.
 To implement this article, the Council has established multiple
commissions, including the Human Rights Commission.

The Human Rights Commission

 Established in 1946, the Human Rights Commission functioned as a

subsidiary of ECOSOC, assisting it in human rights matters.
 The commission's responsibilities were defined in ECOSOC Resolution
No. 5 of February 16, 1946.
 Initially, it focused on:
o Drafting the International Bill of Human Rights.
o Developing declarations, treaties, and agreements on civil
liberties, women's rights, freedom of the press, and related
issues.
o Addressing matters such as minority rights, the prohibition of
racial discrimination, and the right to language and nationality.
o Setting human rights standards and guidelines for global
compliance.
  The commission's mandate was expanded through ECOSOC
Resolution No. 9 of June 9, 1946, allowing it to review any
recommendations on human rights matters.

The Human Rights Commission gradually expanded its mandate over time. It
did not limit its role to setting human rights standards and rules, but also
acquired the authority to investigate complaints and examine specific human
rights violations committed anywhere in the world. A significant turning
point occurred after 1967, when the commission took on a more active role in
addressing human rights violations, leading to a gradual evolution of its
functions and an increase in its powers.

In 2006, the Human Rights Council was established to replace the Human
Rights Commission. This was done through UN General Assembly
Resolution 60/251, which defined the council’s role in:

 Addressing human rights violations

 Enhancing active coordination to protect human rights within the UN
framework
 Setting procedures and mechanisms to guide its work

The final session of the Human Rights Commission was held on March 13,
2006. During this session, the commission suspended its work, marking the
beginning of a new phase in international human rights governance, with
UN member states agreeing to establish the Human Rights Council.

The Human Rights Council

 Established in 2006 through UN General Assembly Resolution 60/251,

replacing the Human Rights Commission.
 Functions as a subsidiary body of the General Assembly, comprising 47
elected members.
 Main objectives:
o Promote global respect for human rights and fundamental
freedoms.
o Address human rights violations, including both individual and
systematic abuses.

The council operates based on principles of universality, objectivity,

neutrality, and international cooperation. It works to enhance human rights
protection through dialogue and global engagement. The council holds at
least three sessions per year.
2- International Judicial Bodies

A. The International Court of Justice

The International Court of Justice (ICJ) is the primary judicial body of the
United Nations. It is responsible for settling legal disputes between member
states and providing advisory opinions on legal questions referred to it by UN
bodies and specialized agencies.

The ICJ operates under a foundational statute, which is an integral part of the
UN Charter. According to Article 92 of the Charter, the court functions as the
principal judicial organ of the UN.

The court consists of 15 independent judges, elected by the UN General

Assembly from a pool of candidates nominated by member states. The judges
are selected based on high moral character, legal expertise, and judicial
competence. Candidates must have recognized qualifications in international
law and be respected legal scholars or practitioners. No two judges can be
from the same country at the same time.

The ICJ also plays a role in interpreting human rights treaties and
agreements when disputes arise between states. Additionally, it can issue
advisory opinions on human rights-related legal matters, but these opinions
are not legally binding. They do not require enforcement but carry
significant legal weight as they help clarify international law.

While the ICJ's primary function is judicial, the UN Charter also grants it an
advisory role, allowing it to offer legal guidance on matters brought before it
by the General Assembly, Security Council, or other UN bodies.

Advisory opinions issued by the ICJ are not legally binding, meaning that
states or entities requesting an opinion are not obligated to follow it. However,
these opinions often influence legal decisions and international law
development.

B. The International Criminal Court

The concept of international justice was introduced for practical application

for the first time after World War II, with the emergence of the principle of
prosecuting mass crimes. This led to the establishment of two tribunals:

 The Nuremberg Tribunal in 1945,

 The Tokyo Tribunal in 1946.
These tribunals laid the foundation for international human rights protection,
inspiring further efforts to protect human dignity and prevent atrocities.

The emergence of the idea of international criminal justice was primarily a

response to the atrocities committed during conflicts. However, it wasn't until
after the end of the Cold War that the establishment of temporary international
criminal tribunals by some countries became feasible. This solidified the
international community's conviction of the need for international courts and
judges to prosecute and hold accountable those responsible for gross violations
of human rights.
As previously mentioned, the United Nations General Assembly adopted
Resolution No. 52/160 in 1997, calling for the establishment of a permanent
court within a specified period not exceeding five years from July 17, 1998. This
indeed happened, and the International Criminal Court (ICC) was established,
with its foundational system entering into force on July 1, 2002.
The International Criminal Court is an independent international court with
jurisdiction over individuals accused of committing serious human rights
violations. It has legal personality and full legal independence, and its basic
system is a binding treaty for member states only.
The ICC does not recognize international criminal immunity, regardless of the
status of state leaders before it. It addresses crimes such as genocide, crimes
against humanity, war crimes, and the crime of aggression.
Genocide Crime:
Article 2 of the Convention on the Prevention and Punishment of the Crime of
Genocide, adopted on December 9, 1948, defines genocide as any of the
following acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial, or religious group:
1. Killing members of the group;
2. Causing serious bodily or mental harm to members of the group;
3. Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
4. Imposing measures intended to prevent births within the group;
5. Forcibly transferring children of the group to another group

Crimes Against Humanity:

Article 7 of the Rome Statute of the International Criminal Court stipulates that
any of the following acts, when committed as part of a widespread or
systematic attack directed against any civilian population, with knowledge of
the attack, shall constitute a crime against humanity:
1. (a) Murder;
 2. (b) Extermination;
3. (c) Enslavement;
4. (d) Deportation or forcible transfer of population;
5. (e) Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law;
6. (f) Torture;
7. (g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of comparable
gravity;
8. (h) Persecution against any identifiable group or collectivity on political,
racial, national, ethnic, cultural, religious, gender grounds, or other
grounds universally recognized as impermissible under international law,
in connection with any act referred to in this paragraph or any crime
within the jurisdiction of the Court;
9. (i) Enforced disappearance of persons;
10.(j) The crime of apartheid;
11.(k) Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or mental or physical health.

War Crimes:
(a) Grave breaches of the Geneva Conventions of 12 August 1949:
These are acts committed against persons or property protected under the
provisions of the relevant Geneva Conventions.
(b) Other serious violations of the laws and customs applicable in
international armed conflicts:
These violations fall within the established framework of international law.
(c) In cases of armed conflict not of an international character (non-
international armed conflicts):
This refers to serious violations of Article 3, common to the four Geneva
Conventions of 1949. These violations include acts committed against persons
not actively participating in hostilities, such as members of armed forces who
have laid down their arms or those rendered hors de combat due to sickness,
wounds, detention, or any other cause.
(d) Other serious violations of the laws and customs applicable in armed
conflicts not of an international character, falling under established
international law.

The Crime of Aggression:

According to Article 5(2) of the Rome Statute, the International Criminal Court
(ICC) may exercise jurisdiction over the crime of aggression once a provision
defining the crime and setting out conditions for jurisdiction is adopted. This
was accomplished with the adoption of amendments in Kampala, Uganda,
during the Review Conference of the Rome Statute from May 31 to June 11,
2010. The UN General Assembly Resolution 3314 further defines the crime of
aggression and clarifies its legal scope under Article 8 bis of the Rome Statute.
Aggression is defined as:
"The planning, preparation, initiation, or execution by a person in a leadership
position capable of controlling or directing the political or military action of a
state, of an act of aggression which, by its character, gravity, and scale,
constitutes a manifest violation of the Charter of the United Nations."
The act of aggression is defined as “the use of armed force by a state against
the sovereignty, territorial integrity, or political independence of another state,
or in any other manner inconsistent with the Charter of the United Nations.”

Second: International Procedural Mechanisms for the Protection of Human

Rights
The United Nations relies, within the framework of monitoring the
implementation of human rights conventions, on two main mechanisms that
are widely practiced in most bodies and committees concerned with human
rights. These mechanisms have also been adopted in many relevant
international conventions. They include:

1. Reporting Mechanism:
This mechanism involves countries submitting periodic reports on their
obligations and practices regarding human rights. These reports generally
describe the measures taken to implement the provisions of the conventions,
and highlight any challenges faced by the state in fulfilling its obligations.
The process includes:
 States presenting detailed reports on the status of human rights within
their jurisdictions.
 Reports providing a thorough explanation and assessment of the human
rights situation, including measures taken to enforce the convention and
obstacles encountered.
Facilitation and Harmonization of Reports:
Treaty bodies work to standardize the reporting process among the states
parties to the conventions or treaties. These bodies typically issue general
guidelines or directives that help countries prepare the required reports. They
may also provide a unified framework that allows states to submit
comprehensive reports covering various aspects of human rights without
redundancy.
Guiding Principles and Recommendations:
Guidelines and recommendations are often issued by human rights committees
to assist states in preparing their reports. Reports should include two key
sections:
1. A general overview of the state, covering its governmental system,
economic, social, and health conditions.
2. Specific information on how the provisions of the treaty are applied
domestically, including any difficulties the state faces in implementing the
conventions.

Human Rights Reports and Their Importance

The text highlights the significance of human rights reports, stating that they
have evolved beyond being mere formalities. These reports, comments, and
observations now provide a detailed and structured view of the human rights
situation in various countries. They play a crucial role in assessing the
implementation of rights outlined in international treaties and in addressing the
challenges and violations faced by states in this regard.
Key Human Rights Agreements:
1. Supplementary Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery (1956).
2. Convention and Protocol Relating to the Status of Refugees (1951 &
1966).
3. Convention on the Elimination of All Forms of Racial Discrimination
(1965).
4. International Covenant on Civil and Political Rights (1966).
5. International Covenant on Economic, Social, and Cultural Rights (1966).
6. Convention on the Elimination of All Forms of Discrimination Against
Women (1979).

Types of Reports:
Reports submitted by states in the field of human rights can be divided into
three main categories:
1. Initial Reports:
These represent the first form of communication between the state and
the responsible body. They are submitted within one to two years after a
human rights treaty comes into force for that state.
The reports provide a general overview of the legal framework for human
rights within the state, including the ratification of treaties, protective
guarantees, and measures taken to implement the rights outlined in the
agreements.

Types of Reports (continued):

2. Periodic Reports:
These reports are more detailed and organized in terms of structure and
content compared to initial reports. They are submitted periodically
(every four to five years) and serve as a continuous communication tool
between the state and the relevant monitoring body.
Content of Periodic Reports:
o They typically include two sections:
1. First Section: Focuses on the general legal framework for
human rights within the state.
2. Second Section: Details the legislative, administrative, and
judicial measures taken to implement the rights outlined in
the agreement.
o States are required to address any gaps identified in previous
reports, outline new developments, and describe challenges faced
in implementing human rights.
o Periodic reports often involve sessions where the reports are
reviewed and discussed, followed by concluding observations and
recommendations.
3. Supplementary Reports:
These reports are submitted upon request by the international body
reviewing the reports or voluntarily by the state. They include additional
information to complement periodic reports, urgent updates about
human rights situations, or responses to specific questions from the
monitoring body.

Procedures for Examining Reports:

 Reports submitted by states are reviewed by treaty-based committees
composed of experts.
 The review process often includes a dialogue between state
representatives and the examining committee, where the state clarifies
and defends its report.
 Results of the review are shared with international bodies like the United
Nations General Assembly and the Economic and Social Council.
 The primary role of these committees and bodies is to issue general
comments, recommendations, and observations. They assess the state's
adherence to the treaty and suggest measures for improvement.
Purpose of the Dialogue:
  This dialogue aims to provide constructive criticism to help the state
improve its human rights practices.
 It offers the state an opportunity to benefit from expert advice, enhance
treaty implementation, and ensure the protection of recognized rights.

Periodic Reports:
Periodic reports are considered the most frequent and organized in terms of form
and content among initial reports. They are submitted regularly (every four to
five years) and serve as a continuous communication tool between the
concerned state and the relevant authority.

This type of report usually consists of two parts: the first part is dedicated to the
general legal framework that ensures the protection of human rights, and the
second part details the legislative, administrative, and judicial measures taken by
the state to implement the provisions of the agreement.

Failure to comply with the obligation to submit periodic reports entails the risk
of the state being accused of not respecting the rights guaranteed in the
agreement, as well as any obstacles that prevent the realization of these rights in
practice. It may also require facing sessions to review and discuss the reports,
and the state may need to respond to questions and inquiries, which can create
political pressure it may prefer to avoid.

Additional Reports:
These reports are submitted at the request of the international body responsible
for the report review or voluntarily by states. They include either supplementary
information to periodic reports, responses to the committee's inquiries, or
updates about an urgent situation in the concerned state.

B. Procedures for Examining Reports:

The examination of reports submitted by the state is conducted before treaty-
based committees composed of experts. This process usually involves
representatives from the state presenting the report, ensuring dialogue with the
committee reviewing the report, and presenting the results of the review to a
political body, such as the General Assembly of the United Nations or the
Economic and Social Council.

The role of these committees and bodies is to draft general comments or

recommendations, with each international agreement having specific procedures
for reviewing reports. States are often involved in dialogue with experts to
clarify their positions.
The dialogue with the state submitting the report aims to provide the committee
with a clear view of the situation, enabling it to benefit from the committee's
expertise, particularly concerning the implementation of the agreement and
assistance in protecting recognized rights and fulfilling the obligations stipulated
in the agreement. This process is not considered interference in the state's
internal affairs.

The roles may conflict, but several attempts are made to confirm that the
agreement is not being violated when one party tries to prove the other’s
violations. The state itself tries to present itself in the best possible way, while
the committee tries to position itself as an impartial entity ensuring the
integrity of the information.
Ultimately, the reporting system serves as a continuous and independent
mechanism and a form of pressure on the state to ensure the implementation
of the rights stipulated in the agreements it has ratified. This is especially true
when the reports and discussions are publicly disseminated.
Generally, the report review process follows these steps:
 The state party presents the report, starting with general, introductory
comments, and then provides written responses to the list of issues
prepared by the working group prior to the session, when the matter
concerns periodic reports.
 The committee reviews the report based on groups of issues taken into
consideration, particularly the responses submitted by the concerned
state and related issues raised by committee members.
 The committee chair usually gives committee members the floor to ask
questions and provide general comments and feedback on each issue.
 The committee chair invites the state party’s representative to respond
immediately to issues that do not require further thought or research.
Remaining unanswered questions are addressed in a later session or at
the conclusion of the session.
 Representatives from specialized agencies and other international
entities related to the issue may be invited at any stage of the dialogue.
At the end of the discussions, an annual report is prepared for each committee
and submitted to the UN General Assembly, except for the report from the
committee responsible for the International Covenant on Economic, Social, and
Cultural Rights, which submits its report to the Economic and Social Council.
The annual report typically includes a summary of the committee's activities,
details of the states' violations, and recommendations. It also reflects on the
interpretations of the provisions that the committee supervises, and it includes
names of countries and references to the implementation status of their
obligations.
Countries may sometimes refrain from submitting their reports or delay them
beyond the specified time. Additionally, they might fail to respond to questions
posed by the committee during discussions and to the general comments
made.
Experience has shown that discussing reports from some countries has led to
the revision of their national laws, but the correct application of the reporting
mechanism faces some challenges, such as:
 Countries' delays in submitting their reports.
 Reports containing information that contradicts reality.
 Persistent ambiguity regarding the contents of the reports.
 Notable shortcomings in covering the required data and information.
2- Quasi-Judicial Mechanism:
A- States' Communications: Many human rights treaties allow ratifying
countries to adopt an optional mechanism that enables them to notify the
treaty bodies about violations by another country or other countries regarding
human rights or failure to implement treaty provisions.
Some treaties have empowered the International Court of Justice to receive
these notifications, review them, and adjudicate disputes related to the
application or interpretation of treaty provisions. Examples of these treaties
include:
 The International Convention on the Elimination of All Forms of Racial
Discrimination (1965).
 The Convention on the Suppression and Punishment of the Crime of
Apartheid (1973).
Regarding the International Covenant on Civil and Political Rights, Article 41
stipulates that if a party to the Covenant considers that another party is not
fulfilling its obligations, it may bring the matter to the attention of that state in
writing. If the issue remains unresolved, the notifying state may refer the
matter to the Human Rights Committee.
The state receiving the notification has three months to provide an explanation
or clarification regarding the matter. This response should detail the measures
taken or intended to resolve the issue.
Either of the two concerned countries may refer the matter to the committee if
no amicable resolution is reached within six months from the date the receiving
state was notified of the first communication.
The committee referred to in Article 41 of the International Covenant on Civil
and Political Rights will only consider the notification if the state that received
the complaint has acknowledged it, and the state that submitted the complaint
has accepted the committee's jurisdiction in this matter.
The committee then offers its good offices to both parties with the aim of
achieving an amicable resolution. It may require both concerned states to
provide any relevant information and may invite their representatives to submit
oral or written statements during its sessions. The committee must submit a
report within 12 months of receiving the notification. The report will include
the facts and proposed solutions. If no resolution is reached, the report will
include summaries of the facts and the parties' positions and will be sent to the
concerned states.
Article 42 of the International Covenant on Civil and Political Rights stipulates
that if an amicable resolution is not reached under Article 41, and both parties
consent, the committee may refer the matter to an ad hoc conciliation
commission. The commission's role is to facilitate a resolution based on respect
for the provisions of the Covenant.
B- Individual Complaints:
Individual complaints are among the mechanisms that allow for international
protection of individuals' rights. This mechanism enables individuals to submit
written communications to the specialized committee, alleging that their rights
have been violated by a state party to the convention.
Organizing the Mechanism for Individual Complaints:
Some human rights conventions have established this mechanism. Among them
are the International Convention on the Elimination of All Forms of Racial
Discrimination (1965), as specified in Article 14, and the Convention Against
Torture (1984), as specified in Article 22.
The mentioned mechanism was organized under the First Optional Protocol
annexed to the International Covenant on Civil and Political Rights concerning
individual complaints, which was adopted in 1966 and entered into force in
1976. The Human Rights Committee, established under this protocol, plays a
key role in examining complaints submitted by individuals claiming their rights
under the covenant have been violated by a state party that has ratified the
protocol.
For complaints to be admissible, the complainants must not remain
anonymous, and all available domestic remedies in the concerned state must
be exhausted unless such remedies exceed reasonable time limits. The
committee also requires that the matter is not under review or resolved by
another international investigative or settlement body. This procedure is
particularly useful in the field of human rights supervision and monitoring.
Procedures for Examining Individual Complaints:
The First Optional Protocol annexed to the International Covenant on Civil and
Political Rights outlines a set of procedures for examining individual
complaints, which include:
 The committee forwards any complaint it receives to the state alleged to
have violated the complainant's rights.
 The state concerned submits written explanations and necessary
clarifications to the committee, indicating any measures taken to address
the grievance. This must be done within six months from the date of
receiving the complaint from the committee.
 The committee reviews the complaints in closed meetings, considering
the written information provided by both the individual and the
concerned state.
 The committee sends its views on the case to both the state and the
individual complainant. If a violation of any right stipulated in the
covenant is established, the committee can recommend appropriate
remedies.
Proposals and Recommendations:
The committee sends its suggestions and recommendations to the concerned
state along with its opinion regarding the complaint. The committee expects the
state to act upon these proposals and recommendations before issuing final
decisions or scientific opinions on the matter.

 The committee submits an annual report summarizing its activities, which

includes a list of states that have complied or failed to comply with the
committee's rulings.