People vs. Bush -regarding violation of United Nations resolution on Human Rights, December 19, 1968


Resolution on Human Rights, United Nations, December 19, 1968

RESOLUTION ON HUMAN RIGHTS
United Nations, December 19, 1968
General Assembly Resolution 2444

THE GENERAL ASSEMBLY,

Recognizing the necessity of applying basic humanitarian principles in all armed conflicts,

Taking note of resolution XXIII on human rights in armed conflicts, adopted on 12 May 1968 by the International Conference on Human Rights,

Affirming that the provisions of that resolution need to be implemented effectively as soon as possible,

1. Affirms resolution XXVIII of the XXth International Conference of the Red Cross held at Vienna in 1965, which laid down, inter alia, the following principles for observance by all governmental and other authorities responsible for action in armed conflicts:

(a) That the right of the parties to a conflict to adopt means of injuring the enemy is not unlimited;

(b) That it is prohibited to launch attacks against the civilian populations as such;

(c) That distinction must be made at all times between persons taking part in the hostilities and members of the civilian population to the effect that the latter be spared as much as possible;

2. Invites the Secretary-General, in consultation with the International Committee of the Red Cross and other appropriate international organizations, to study:

(a) Steps which could be taken to secure the better application of existing humanitarian international conventions and rules in all armed conflicts;

(b) The need for additional humanitarian international conventions or for other appropriate legal instruments to ensure the better protection of civilians, prisoners and combatants in all armed conflicts and the prohibition and limitation of the use of certain methods and means of warfare;

3. Requests the Secretary-General to take all other necessary steps to give effect to the provisions of the present resolution and to report to the General Assembly at its twenty-fourth on the steps he has taken;

4. Further requests Member States to extend all possible assistance to the Secretary-General in the preparation of the study requested in paragraph 2 above;

5. Calls upon all States which have not yet done so to become parties to the Hague Conventions of 1899 and 1907, the Geneva Protocol of 1925 and the Geneva Conventions of 1949.


On the Legality of the Threat or Use of Nuclear Weapons, International Court of Justice, July 8, 1996

On the Legality of the Threat or Use of Nuclear Weapons
International Court of Justice
The Hague, 8 July 1996

The opinion of the International Court of Justice ("World Court") came in response to a request from the United Nations General Assembly. The Court found that the threat or use of nuclear weapons "would generally be contrary to the rules of international law applicable in armed conflict." However, the Court was unable to make a determination "in an extreme circumstance of self-defence, in which the very survival of a State would be at stake."

In general, the Court based its ruling on the body of international law protecting civilian populations. Its analysis cited specifically Hague II and IV, the Nuremberg Principles, and the Geneva Conventions.







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