International Human Rights Research Articles

Peculiarities of the procedure for preliminary investigation of a case in international criminal courts

The article examines the preliminary investigation procedure in international criminal courts, which is of paramount importance for the proper functioning of international criminal justice. It is the first stage in the investigation and prosecution of persons who have committed the most serious crimes of international significance, in particular genocide, war crimes and crimes against humanity. The preliminary investigation procedure is carried out before the case is transferred to the main judicial proceedings and is critically important for ensuring justice, as well as for protecting the rights of suspects and victims of these crimes. It is noted that the preliminary investigation procedure is aimed at establishing facts and evidence that indicate the presence of serious grounds for initiating a criminal case at the international level. It involves verifying information about possible international crimes and is aimed at ensuring fair and effective judicial proceedings. Since the preliminary investigation is an important stage of the criminal process, its features and procedural aspects require detailed study. One of the main bodies conducting preliminary investigations in international criminal courts is the ICC Prosecutor. It can initiate investigations through various channels, including communications from States Parties or even on its own initiative, if there are sufficient grounds to believe that crimes within the jurisdiction of the Court have been committed. At this stage, it is important to assess the sufficiency of the evidence to initiate the main proceedings, as well as to take into account political and legal factors that may influence the decision to initiate the case. The preliminary investigation covers several key aspects: gathering evidence, verifying the facts, considering potential violations of international law and resolving the issue of the Court’s jurisdiction over specific events. Cooperation with other international organizations, States and human rights structures is also an important element. When considering the specifics of the preliminary investigation, it should also be noted that at this stage it is important to take into account international and national legal norms, as well as the specific circumstances that may arise within the framework of specific crimes. In conclusion, the preliminary investigation procedure is an integral part of international criminal justice. Given the relevance of this topic, it is important to continue research and improvement of international legal standards aimed at improving this procedure, which in turn will contribute to the development of international criminal justice.

RIGHT TO SAFE WATER, ARGUMENTS FOR ITS LEGAL ENTITLEMENT IN PAKISTAN

In Pakistan, where over 21 million people, or around 10% of the population, faces challenge of access to safe drinking water, this article discusses the serious problem of insufficient sanitation facilities and water purification systems. Even though 92% of the total population has access to potable water, only 36% of the total water is safe to drink. In addition, almost 75% of the population does not have access to proper sanitation, which increases the likelihood of water-related illnesses. A great deal of avoidable misery has ensued because of our inability to satisfy fundamental human needs. This study contends that the right to obtain clean water for human consumption is upheld implicitly by Constitution of Islamic Republic of Pakistan 1973 and explicitly by international human rights legislation, and the interpretations of Pakistani courts. By interpreting the access to safe water as a legal entitlement, it urges the government to make sure all its residents have access to clean water.

Artificial Intelligence in Medicine: Legal Pathways to Sustainable Development Goals (SDGs)

Objective: The objective of this study is to examine the civil liability implications of errors associated with artificial intelligence (AI) technologies in healthcare, with the aim of proposing comprehensive legal frameworks to regulate AI’s integration into the sector. This research seeks to align AI advancements with international standards and sustainable development goals, particularly SDG 3 (Good Health and Well-Being) and SDG 16 (Peace, Justice, and Strong Institutions). Theoretical Framework: The research is grounded in international human rights conventions, national legislation on data protection, and frameworks such as the World Health Organization’s guidelines and the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law. These provide a robust foundation for exploring the legal and ethical dimensions of AI in healthcare. Method: A qualitative research approach was adopted, analysing legal documents, international standards, and case studies to assess the regulatory challenges of AI in healthcare. The study also reviews best practices from jurisdictions effectively addressing AI’s legal and ethical implications. Results and Discussion: The findings reveal significant gaps in existing legal frameworks governing AI in healthcare, particularly in areas of accountability and data protection. The discussion contextualizes these gaps within the theoretical framework, emphasizing the need for proactive legislative measures. Challenges such as algorithmic bias, transparency, and equitable access to AI technologies are critically examined. Research Implications: The study underscores the necessity for Omani legislators to adopt robust regulatory measures, ensuring accountability and alignment with international best practices. These measures can enhance healthcare quality and contribute to sustainable development. Originality/Value: This study contributes to the literature by addressing the underexplored legal and ethical challenges of AI in healthcare within the context of sustainable development. It offers actionable recommendations for policymakers, emphasizing the responsible and ethical use of AI to advance medical innovation and protect human rights.

‘I know about something called human rights’: claiming refugee rights through protest at UNHCR Beirut

ABSTRACT Across the globe, refugees and asylum seekers have demonstrated against the United Nations High Commissioner for Refugees (UNHCR), demanding increased protection and assistance. Drawing on original ethnographic research, this article uses the analytical frames of contentious politics and legal consciousness to explore protest actions targeting UNHCR by Sudanese protection seekers in Beirut, Lebanon. It asks: Why and how do protesters choose to adopt human rights language in their claim-making? In other words, how do human rights motivate protest? And how does protest frame human rights? The article examines how Sudanese protesters framed their cause in the liberal internationalist discourse of human rights, often referring to terms and concepts derived straight from the vocabulary of international human rights and the international refugee protection regime. Specifically, the protesters invoked UNHCR’s obligations and responsibilities towards them and communicated their demands through the English language. The article contributes to our understanding not only of refugee rights claiming in Beirut specifically but also of how subaltern groups more generally are able to mobilise outside of traditional political structures. By exploring the circumstances under which protection seekers deploy the law to protect their interests, it also makes a distinct contribution to legal consciousness studies.

Education for Rohingya Refugee Children in Malaysia: a Pathway to Sustainable Development Goals

Objective: Rohingya refugee children are among the most vulnerable groups in the world. Despite the persecution that they received from the Myanmar government, the negative stigma towards them has worsened their conditions. Hence, education is the only way to change their lives across generations. However, while residing in Malaysia, these children have limitations in accessing formal education in national schools and most probably enrol in Alternative Learning Centres (ALC). Consequently, this study argues that every child deserves the right to education regardless of their status and must be in line with the aims of the SDGs and other international legal frameworks. Theoretical Framework: The Sustainable Development Goals on “Quality Education” emphasize the need to ensure inclusive and equitable quality education and promote opportunities for lifelong learning for all. Method: In-depth interviews with informants involving four key persons representing policymakers and implementers, and 10 Rohingya parents who registered their children in alternative learning centres were collected with the aim to examine the extent of quality education being emphasised for Rohingya children in Malaysia. Results and Discussion: The result of the analysis found that the Rohingya refugee children received limited quality education due to no access to formal education, in which education was only provided at alternative learning centres. Nonetheless, both the provider (the alternative learning centres) and receiver (Rohingya parents and children) still struggle with a number of issues and challenges. Originality/Value: This study is unique in that it examines the educational needs of Rohingya refugee children in Malaysia in a timely and context-specific manner, particularly through the lens of international human rights and the sustainable development framework. It highlights the gap between global educational goals and local realities, making it an important contribution to the field of refugee education.

International legal mechanisms for ensuring human rights in conditions of armed aggression

This scientific article is devoted to the study of international legal mechanisms for ensuring human rights at the international level. In the course of the presentation of the main material, it is noted that human rights must be protected equally regardless of whether they are violated in peacetime or armed conflict. The relevance of the proposed topic is due to the need to consider international means of protecting the rights and freedoms of man and citizen, to find mechanisms for holding the aggressor state accountable. It is emphasized that during its existence, humanity has repeatedly encountered bloody military conflicts that took the lives of millions of people and inevitably entailed violations of international humanitarian law and international human rights law. It is indicated that the end of World War II marked the beginning of cooperation and a certain unity of states in understanding the value of human rights and their protection. The expansion of such international legal cooperation resulted in the emergence of international organizations and mechanisms for protecting human rights. It is noted that as soon as the primacy of human rights values was formulated in the UN Charter, this international organization became the basis for observing human rights at the international level. It is determined that despite a significant number of international treaties, in today’s realities, these norms do not protect the rights of civilians and military personnel during war. Attention is focused on three instances that, in response to the appeal of qualified international lawyers, are able to fairly respond to violations of the rights and interests of our state and its citizens: the European Court of Human Rights, the International Court of Justice, the International Criminal Court. It is noted that collecting evidence, investigating and considering cases in all international judicial instances is a very laborious and lengthy process, but this is the only way to punish the criminal country for what has been done. Our state has a clearly developed strategy and mechanisms for protecting its rights and interests in the international arena. It is summarized that today there is a need to unite the forces and means of all institutions of power and society to ensure unconditional compliance with the rule of law and counteract arbitrary violations of human rights and freedoms.

The Conflict and Coordination between Intellectual Property Law and Human Rights Law in the Context of Globalization and Digitization

The Conflict and Coordination between Intellectual Property Law and Human Rights Law in the Context of Globalization and Digitization

The use of facial recognition for targeting under international law

Abstract In the quest for “identity dominance” over the enemy, armed forces are increasingly leveraging biometrics for a variety of purposes. This paper focuses on the combat employment of one of them – facial recognition, which, unlike other biometrics, does not appear to have been widely utilized for targeting purposes yet. With the purchasing patterns of advanced militaries suggesting that such a development is around the corner, this paper assesses the compliance with international humanitarian law (IHL) of the use of facial recognition technologies for targeting purposes. It peruses the applicable legal framework to demonstrate that IHL is neutral towards the use of new technologies and that the right to privacy under international human rights law does not preclude the use of biometrics in hostilities. The analysis zooms in on two specific use cases in which facial recognition is likely to be employed on the battlefield, namely (1) targeted killings against combatants and (2) targeted killings against civilians directly participating in hostilities. The paper closes with an acknowledgment that while facial recognition does have obvious operational benefits, it also has the potential to exacerbate targeting practices that stretch the limits of IHL.

Equity in Education Management: Bridging the Gap and Policy Disparities for Non-ASN Teachers

This study explores the legal and human rights challenges faced by non-ASN teachers in Indonesia, emphasizing the fundamental right to education and the professional rights of teachers as a cornerstone of equitable development. The research highlights the urgency of addressing systemic inequities in the compensation, benefits, and job security of non-ASN teachers compared to their ASN counterparts. Employing a normative legal approach supported by empirical data, the study examines legislative frameworks and their practical applications in East Luwu Regency, South Sulawesi, Indonesia. The findings reveal significant gaps in policy and practice, which undermine not only the professional dignity of non-ASN teachers but also their basic human rights, including the right to fair compensation and protection from discrimination. These disparities contravene national and international human rights standards and hinder the fulfillment of Indonesia's constitutional mandate to promote education for all. The study concludes with actionable recommendations for legal and policy reforms to ensure fair treatment, professional recognition, and human rights protection for all teachers, thereby strengthening Indonesia’s education system and upholding human dignity. The government’s responsibility to uphold teachers' rights is essential for fulfilling its broader commitment to human rights and education as a constitutional right.

A Juxtaposed Analysis of the Challenges and Prospects of Attaining Universal Human Rights in African Polities

Abstract The call for implementation of universal human rights in Africa is principally perceived to be a mixed bag of potential triumphs and setbacks. A core principle of any (political or) scientific study is that data underdetermines theory, i.e., one can look at the same data and reasonably see different phenomena. Simply put, there is no exclusive way of assessing information or determining (better) ways of life. In Africa, the question of whether human rights should be universal or national/cultural remains contested with both the opposers and proponents presenting fathomable reasons. At the core of controversies surrounding universal rights are issues of global inequality, poverty and Africa’s underrepresentation or otherwise misrepresentation in key global decision-making bodies. From the turn of the new millennium, discourses on jurisprudence about universal human rights have intensified whereby, the definition, meanings, functions and scope of what constitutes fundamental human rights have expanded beyond the often too familiar rigid and orthodox domestic law regimes. Today, national sovereignty claims on human rights are only valid to the extent that those assertions are not at loggerheads with the spirit and principles contained either in the Bill of Rights or the Universal Declaration of Human Rights (udhr) (1948). Furthermore, Human Rights Watch (2021) argues that in contemporary international relations, human rights are no longer conceived only in a vertical lens, i.e., only seen as the mere concern of the state, but now necessarily includes a horizontal lens consideration, whereby, private entities are also included because they are equally capable of violating human rights. Knox (2008) also hinted that discourse on this subject matter seems unavoidable as it has continued to gain traction in modern jurisprudence. As such, public law remedies have expanded into the private realm to protect individual rights. This has become necessary because the services provided by private local entities including conglomerates and transnational corporations have increased considerably. For instance, private medical facilities, private schools, media houses, digital and telecommunication companies, and water and sanitation services, all count among several private entities that are prone to abuses of human rights. Consequently, legislative administrators have devised the term ’the contracting state’ to define a setting where a variety of public interests are increasingly being provided by the private sector rather than by the state. In providing their services, the private entities cannot do as they please or ignore the rule of law governing international human rights protection. This essay argues that given the increasing intertwining of regional and global governance activities in finance, trade, commerce, education, agriculture, and medical advances, the implementation of universal human rights would best serve the collective interests of all stakeholders. In advancing this argument, this essay critically analyses the plausible obstacles on the path towards the attainment of universal rights in Africa while also identifying silver linings.

The Colonial Imaginary of ‘Europe’ in the EU's Asymmetrical Response to the Russian and Israeli Aggressions: Ukraine as a Member of the ‘Family’ Whilst ‘Othering’ Palestine

AbstractWhat is ‘Europe’? The response to this question is not straightforward, as ‘Europe’ is a floating signifier that is in constant renegotiation. In this article, we focus on the imaginary of ‘Europe’ that has been deployed in the most salient international crises of the last years that have heavily shaken European Union (EU) politics: the Russian invasion of Ukraine in February 2022 and the attack of Hamas on 7 October 2023, followed by the ensuing offensive of Israel on the Palestinian Gaza Strip. More concretely, we ask: what is the narrative of ‘Europe’ articulated by the European Commission President, Ursula von der Leyen, and the HRVP, Josep Borrell, in response to these events? We argue that, in the context of these two cases, two distinct imaginaries of ‘Europe’ have been mobilised based on differentiated conceptualisations of the relationship of ‘Europe’ to Ukraine and Palestine. Whereas Ukraine is conceived as part of the ‘European family’, there is a process of ‘othering’ Palestine. Our article exposes the racism and double standards of the EU in regard to the defence of international law and human rights, the exclusiveness of who belongs to ‘Europe’ and the continuity of the colonial thinking that permeates the narratives of EU leaders.

Brokering in uncharted terrain: the revocation of protection in Norwegian and Danish asylum cases

ABSTRACT Norway and Denmark have recently adopted active policies of temporary protection featuring, inter alia, the revocation of residence permits. These policies narrow the space for human rights considerations and beg the question of how immigration decision-makers approach and navigate this new legal terrain. This article characterizes asylum appeals boards as brokers, who balance competing legal and political imperatives in this uncharted terrain. Contrasting the different ways these measures have been rolled out in both countries, the institutional analysis foregrounds the myriad challenges engendered by this new case complex. While the Danish variant is tightly regulated and coupled to (evolving) interpretations of human rights law, the Norwegian instruction-based approach challenges institutional autonomy. Despite different implementing approaches, the comparative analysis reveals broader strategies and positioning that serve to maintain institutional legitimacy in the face of this exceptional policy shift.

A decade of dichotomy: understanding Turkey’s changing stance on the Istanbul Convention for combating violence against women

ABSTRACT Turkey, the first country to sign the Istanbul Convention, an international human rights treaty on violence against women, also became the first to withdraw from it. This study investigates the dynamics underlying these contradictory policies adopted during the Justice and Development Party (AKP) era. Employing the Advocacy Coalition Framework (ACF), the study reveals that the paradoxical policy change regarding the Convention was predominantly driven by factors external to the policy subsystem, including a shift towards a more centralised, conservative, and top-down approach to policy-making, along with a departure from the Europeanization axis. This analysis contributes to understanding how the macro-political context surrounding policy subsystems can lead to radical changes on the same policy issue.

Terrorism Law Enforcement in Indonesia: Integrating Pancasila in The Fight Against Modern Threats

The evolving threat of terrorism in Indonesia has led to the development of counterterrorism laws aimed at combating both domestic and international terrorist activities. Since the Bali bombings in 2002, Indonesia has enacted a series of legal frameworks, such as Law No. 15 of 2003 and its amendments through Law No. 5 of 2018. However, these laws have raised significant concerns about human rights violations, especially regarding the treatment of detainees, preventive detention, and arbitrary arrests. This study adopts a qualitative research methodology, combining doctrinal legal analysis and empirical data gathered from interviews with legal experts, policymakers, and practitioners. It critically examines the compatibility of Indonesia’s counterterrorism laws with international human rights standards, focusing on their implementation, particularly in relation to the fundamental values of Pancasila—the state ideology of Indonesia, which emphasizes social justice, unity, and human dignity. The results highlight several key challenges, such as the need for stronger oversight mechanisms, more effective deradicalization programs, and a comprehensive approach to online radicalization. The study concludes with recommendations for integrating Pancasila principles more thoroughly into counterterrorism strategies, strengthening international cooperation, and ensuring that security measures do not infringe upon individual rights. By addressing these issues, Indonesia can enhance the effectiveness of its counterterrorism efforts while adhering to its commitment to human rights and social justice.

The Inviolability of the ‘Essential Core’ of Human Rights: An Intersectional Feminist Vindication

Navigating the jurisprudence of the United Nations (UN) Human Rights Committee, the UN Committee on the Economic, Social, and Cultural Rights, and the European Court of Human Rights, this article shows that while the two committees are by and large committed to the idea of absolute inviolability of “essential core” of human rights, the Court shows an erratic commitment to the same. This article dubs commitment to absolute inviolability as essentialist and commitment to violability (i.e., “essential core” being violable under certain circumstances), as non-essentialist, and argues in favour of an essentialist approach.This article argues that commitment to essentialist approach can potentially help solve the prioritization/hierarchization dilemma, reduce the implementation gap between Civil and Political (CP) and Economic, Social and Cultural (ESC) rights, and in a way contribute to reconciling the universalist agenda of the International Human Rights Law (IHRL) with cultural relativism— each of these specifically speak to the feminist approaches to, and critiques of, the IHRL more generally and the intersectional feminist approaches to IHRL in particular. This motivates the author to call her standpoint in favouring the essentialist approach, an intersectional feminist one. Dhaka University Law Journal, 2024, 35 (1), 177-192

Global Companies and China’s Data Privacy Laws: Analysing DIDI'S Case and Regulatory Compliance Implications

China is emerging as a leader in artificial intelligence and data collection, particularly for its pre-eminence in facial recognition technology. This network offers significant benefits for public security – it expedites investigations, aids in precise identification of criminals, and assist in crime prevention measures. However, the extensive collection of biometric data engenders concerns about the potential infringement upon individual privacy rights through its possible misuse. In 2025, Didi Global Inc (‘Didi’), a multinational company, received the highest regulatory penalty to date in a data protection lawsuit within China. The Cyberspace Administration of China (‘CAC’), the country's data protection regulator, did not disclose the specific provisions of Chinese or international law that had been breached. To address this gap, this article analyses Didi's case and identifies the national and international laws infringed. It also offers a comparative examination of Chinese laws and international standards such as International Human Rights and European Union's General Data Protection (‘GDPR’), underscoring the gaps and areas for improvement. This article underscores the importance of robust compliance with data protection laws to prevent unlawful data practices by multinational corporations across the Asia-Pacific region and serves as a call to action for global organizations to prioritize data privacy and security.

The human rights obligations of belligerent occupiers: Israel and the Gazan population

Abstract Following the Israeli disengagement from the Gaza Strip in 2005, the Israeli government declared that it was no longer an occupant. Even so, it redeployed its forces throughout the Strip’s external border, with entry and exit therefrom being wholly controlled by Israel’s Defense Forces. In 2024, the International Court of Justice issued an Advisory Opinion whereby it declared, among others, that Gaza, the West Bank, and East Jerusalem have been under continuous belligerent occupation that was moreover illegal. The Advisory Opinion thus confirmed that, despite Israeli statements to the contrary, it continues to be the occupying power of Gaza due to its effective control, notwithstanding physical military presence. As an occupant asserting effective control over Gaza, in addition to having an obligation to provide humanitarian guarantees under international humanitarian law to the civilian population in Gaza, Israel has a duty to provide fundamental human rights (HR) under international human rights law. Even if Israel were not considered an occupant of the territory, the amount of Israeli control over the Strip would certainly trigger the extraterritorial application of HR treaties and the full gamut of cascading obligations inherent therein.

Freedom of religion and the right to refrain from actions incompatible with a person’s religious or other beliefs: a general theoretical overview

Freedom of religion and the right to refrain from actions incompatible with a person’s religious or other beliefs: a general theoretical characterisation. The article explores the general theoretical aspects of freedom of religion and the right to refrain from actions incompatible with an individual’s religious or other beliefs. It analyіes key international human rights documents that proclaim freedom of religion and the right to abstain from actions that conflict with religious or other personal convictions. The article emphasises that freedom of religion, as one of the most important human values, fosters the natural need for individuals to determine their faith and practice it (in an active or passive form). Freedom of religion is highlighted as a crucial factor in fostering a tolerant society, building a democratic legal state, and promoting mutual respect, trust, understanding, and equality among people of various religions and beliefs. The study concludes that freedom of religion can be understood as both a natural right (a God-given ability) and a legal right (an ability granted and guaranteed by the state). It asserts that an essential component of the natural right to freedom of religion is the ability to abstain from specific actions incompatible with one’s religious or other beliefs, such as: military service due to religious or other convictions and its substitution with alternative service; consumption of certain foods; use of specific symbols or identification numbers; wearing or using particular clothing; working at specific times;nreceiving scientifically justified medical treatments, including vaccination; participating in religious, public, or state rituals (ceremonies); taking religious or other oaths, among others. The article notes that Ukrainian legislation reflects the right to substitute certain legal obligations incompatible with religious or other beliefs. This option is considered a component of freedom of religion as a subjective legal right. It is proposed to amend Article 35 of the Constitution of Ukraine (1996) to explicitly proclaim the right to substitute certain legal obligations incompatible with religious or other beliefs and specifying this right in the Law of Ukraine “On Freedom of Conscience and Religious Organisations” (1991) and other regulatory legal acts of Ukraine.

WOMEN'S ACCESS TO PROPERTY IN BANGLADESH

This paper critically examines the legal, social, and institutional barriers affecting women's access to property in Bangladesh, focusing on the challenges faced by Muslim and Hindu women under personal and statutory laws. The study begins by analyzing the legal framework governing women’s property rights, exploring the interplay between constitutional provisions and personal laws such as the Muslim Personal Law (Shariat) Application Act, 1937, and Hindu inheritance laws. Using India’s Hindu Succession Act, 1956 as a comparative framework, the paper highlights the disparities between Bangladesh and neighboring countries in terms of legal reforms aimed at promoting gender equality in property ownership. The research also discusses key case laws, including Fatema Khatun v. Md. Aminul Haque (1983) and Bipasha Rani Das v. Bharat Chandra Das (1997), to illustrate how the courts have addressed women’s inheritance claims and the limitations of the legal system. The paper concludes with several policy recommendations, including the need for legal reforms to harmonize personal laws with constitutional rights, the adoption of gender-sensitive land policies, and increased awareness and accessibility for women in rural areas. These reforms are essential for ensuring that women in Bangladesh can fully exercise their property rights and for promoting greater gender equality in property ownership. The study also identifies areas for future research, including the impact of international human rights standards on domestic legal reforms and the lived experiences of women in marginalized communities.

Breaking vaccination barriers among migrants? Human rights and crisis preparedness.

Vaccination hesitancy is one of the critical threats to public health. The coronavirus disease pandemic reconfirmed that certain groups of populations are more reluctant to vaccinate than others, particularly migrants. This article examines legal obligations related to protecting the right to health in addressing vaccination barriers among newly arrived adult migrants, taking Ukrainians granted temporary protection as an example. From human rights law requirements delineated by the United Nations and Council of Europe, it maps out a framework of vaccination-related obligations. Furthermore, the article tests the framework created in one national legal system-Sweden-to show where the gaps in transposing obligations into national law still exist. To deepen the analysis, the interview study with Ukrainian refugees in Sweden is presented, which allows reflection on what obligations have not reached their recipients and resulted in vaccination barriers. The article advocates for further specification of obligations related to vaccinations in both national and international laws for better crisis preparedness.