A House with Two Rooms - The Advocates for Human Rights

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Appendix B
3. General principles of law are legal propositions so fundamental to human existence that they can
be found in all major legal systems world-wide. 18 For example, if there is evidence that domestically
states adhere to a legal principle providing for a right or that is essential to the protection of a right,
this illustrates the existence of a legally binding principle under IHRL. 19
4. Judicial decisions and the teachings of the most highly qualified publicists may also constitute
binding public international law. In the IHRL area, a wealth of international caselaw now exists, and
it must be regarded as authoritative evidence of the state of IHRL law. 20 Domestic judicial decisions
may also be used as evidence of binding IHRL. 21 The writings of international legal commentators
and scholars may also inform IHRL, but “it is advisable to exercise considerable care before relying
on legal articles and principles and comments adopted by private bodies outside the framework of
the officially established treaty organs.” 22
III. Major Instruments of International Human Rights Law
Effective protection of human rights promotes peace and stability at the national level and is an
essential precondition for peace and justice at the international level. Protecting human rights at the
domestic level and providing a framework within which domestic conflicts can be resolved peacefully
eases social tensions before they can create a threat to international peace and security.
A. United Nations Charter
IHRL as we know it today began in 1945 with the Charter of the United Nations. The preamble
to the United Nations Charter “reaffirm[ed] faith in fundamental human rights, in the dignity and
worth of the human person, [and] in the equal rights of men and women and of nations large and
small,” and it established the United Nations’ goal “to promote social progress and better standards
of life in larger freedom.” 23 To this end, one of the four main purposes of the United Nations is
to “achieve international co-operation in solving international problems of an economic, social,
cultural, or humanitarian character, and in promoting and encouraging respect for human rights and
for fundamental freedoms for all without distinction as to race, sex, language, or religion.” 24
Articles 56 and 55(c) of the Charter require Member States “to take joint and separate action in cooperation
with the Organization for the achievement of . . . universal respect for, and observance
of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or
religion.” 25 Although this language is generally regarded as vague, the obligation imposed by Article
56 “provided the United Nations with the requisite legal authority to embark on what became a
massive lawmaking effort to define and codify [IHRL].” 26 The centerpiece of this effort was the
1948 Universal Declaration of Human Rights. Then, in 1966, two international covenants on human
rights were adopted. “These two treaties, together with the human rights provisions of the [United
Nations] Charter and the Universal Declaration [of Human Rights], constitute the International