Carey et al Chapter 2 03/13/2014
Lopez Burgos v. Uruguay (obligations of states to their own citizens outside of their borders)
Does a Uruguay have the obligation to protect its own citizens in other countries?
Rendition: send people elsewhere to be tortured by other people
Govt of Uruguay sends a guy to Argentina to be tortured; yes, the ICCPR, the state is obligated to apply
these rights to a citizen in another country
Expanding international Human rights law, expanding obligations of states
Soering v. UK (Expanded view of responsibility extradition to a death penalty country)
Does the UK have to extradite the death penalty from the US or is this a violation of Human rights? You
cannot extradite to a death penalty country, human rights have to be protected (R2P)
Bosnia v. Serbia (application of UNGC)
Civil case; ICJ
Gov’t of Bosnia suing Serbia gov’t for the damages in relation to this massacre by the BosniaSerb army
invaded UN protected enclave and killed the men and boys in Bosnia region of Srebrenica
Was Serbia directly responsible for the genocide of Srebrenica?
Not directly responsible. Didn’t know the intent of BosniaSerb army
Crime of Genocide cannot be applied to every crime
Do they fail to exercise their ability to prevent?
Did find that Serbia failed to prevent
Did they fail to exercise their duty to punish?
Serbia did fail to exercise their duty to punish
Human Rights laws expanding through case law
Basis of R2P(responsibility to protect) outside states in other states business
Are positive obligations universal?
Not necessarily universal It’s a function of what the state can or cannot do, the amount of resources a state
have Rights are universal (education, food, etc.); rights should still be there, regardless
You have to take into account state resources; reasons why push for economic and social cultural rights are
not as strenuous b/c of state’s resources
Do states have the obligation to promote ESC rights in other countries?
Yes, states have an obligation in own country but…
Foreign Aid... do states have an interest to promote these human rights? Yes, war on drugs and war on
terror, you could frame this as national security interests… in creating stable nations around world
In more cases than not, we’re going to look at our own country first; instead of immediately give foreign aid
ESC and Civil and Political Rights
ICCPR and ICESCR
Both contain right of selfdetermination, Art. 1
All peoples have the right of selfdetermination. By virtue of that right they can freely determine their political
status and freely pursue their economic, social and cultural development
What do we mean by ‘all peoples?’
If you take it literally, could lead to regional, internal instability and seen as a justification by many as their
‘break away’ mo