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Individual complaints

Individual complaints. M assive violations: confidential complaint to the Human Rights Council Individual abuses: complaint to a treaty body using provisions of human rights treaty or protocol associated with treaty Individual/massive violations: complaint to a special procedures mandate holder.

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Individual complaints

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  1. Individual complaints • Massive violations: confidential complaint to the Human Rights Council • Individual abuses: complaint to a treaty body using provisions of human rights treaty or protocol associated with treaty • Individual/massive violations: complaint to a special procedures mandate holder

  2. Human Rights Council Complaint Procedure • Address ‘consistent patterns of gross + reliably arrested violations of all human rights + all fundamental freedoms occurring in any part of the world and in any circumstances’ • Confidential • Must have direct/reliable knowledge • No direct remedy

  3. Treaty-based complaints • Allow countries to accept the right of an individual to complain to treaty monitoring body that country has not properly implemented its duties to protect particular human rights • Optional protocol • Australia: • ICCPR • CERD • CAT

  4. Making a communication • Communication = individual’s complaint under treaty • Two stages: • Treaty body decides whether complaint is “admissible” • Consider merits or substance of the case + decides if particular activity/inactivity breaches rights set out in relevant treaty • Decision expressed as ‘views’ the treaty body has ‘adopted’

  5. Effectiveness of communications • Takes a long time for treaty body to make a finding • Adoption of views on substance of case is not strictly binding – simply forwarded + published in its annual report to General Assembly • However, views on proper interpretation of rights guaranteed are considered authoritative

  6. International Criminal Mechanisms • Violations of human rights can amount to criminal offences • Following WWII, two separate military tribunals to try German Nazi and Japanese officials/officers for serious crime committed during the war  established fundamental principles of international humanitarian law • No longer political acceptance of inaction in the face of crimes against humanity

  7. Truth and reconciliation commissions • Truth and reconciliation commissions also proliferated to bring to light stories of violations committed in the past • Truth + reconciliation commissions allow victims to tell their stories, face perpetrators of crimes + may lead to criminal prosecutions/amnesties

  8. International Criminal Court • Independent, permanent court responsible for trying people accused of most serious crimes of international concern • Court of last resort – cannot take cases that a state is investigating/prosecuting domestically • Can only deal events since 1 July 2002 on territory or by nationals of states that have ratified Rome Statute.

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