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Пропаганда війни в імперативних нормах і зобов’язаннях erga omnes

Publication Date Jul 31, 2020

Abstract

In the article, the author emphasizes that despite the close proximity of jus cogens and erga omnes, they have different legal nature. However, in terms of universality, it can be argued that these concepts act as tools to achieve one goal - to safeguard the interests of the international community. A legal analysis of Article 20 of the International Covenant on Political and Civil Rights of 1966 has been carried out, which is enshrining the provision according to which (Part 1) any propaganda of war should be prohibited by law. The Provision of General Comment № 11 adopted by the UN Committee on Human Rights in 1983 to Article 20 of the Covenant are examined, on the basis of which the author notes that, in consideration of the nature of Article 20, States Parties are required to take the necessary legislative measures which prohibit actions about which it is mentioned. The author emphasizes on the basis of the Provisions of the Covenant and the General Observations that any propaganda of war and any act in favor of national, racial or religious hatred, which is incitement to discrimination, antagonism or violence, should be prohibited by law. Prohibition, which is mentioned, applies to all types of propaganda acting for the purpose of threatening or aggressing or breach of the world contrary to the Charter of the United Nations. To the General Comment № 24 adopted at the 52nd session of the Human Rights Committee in 1994 on the issues concerning admonitions, which are being made during the ratification of the Covenant o...

Concepts
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Propaganda Of War
State's Waiver
Religious Hatred
General Comment
Waiver Of Rights
Human Rights Committee
Erga Omnes
Imperative Norms
Terms Of Universality
Optional Protocols

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