Understanding global security - Peter Hough

SOCIAL IDENTITY AS A THREAT TO SECURITY
Table 5.5 (continued)
1969 Convention on the Elimination Outlaws racial or national discrimination and holds the
of All Forms of Racial states accountable for societal violations. A CERD
Discrimination
Committee monitors implementation and can investigate
individual complaints
1981 Convention on the Elimination A Bill of Rights for the women of the world outlawing
of All Forms of Discrimination violent and social state discrimination
Against Women
1984 Convention against Torture Followed up Article 5 of the UN Declaration to criminalize
state torture in any circumstances
1989 Convention on the Rights of Declares that ‘the best interests of the child’ should be
the Child
respected in legal actions (e.g. in decisions on
imprisoning or deporting their parents)
1990 Convention on Rights of all Protection of economic migrants from exploitation
Migrant Workers and
Members of Their Families
The Belgian case followed changes incorporating the universality principle
of international human rights law into domestic law, which led to a spate of other
cases being brought. A potential floodgate of cases against human rights abusers
throughout the world which appeared to have been opened by this was partially
closed by a 2002 International Court of Justice verdict which ruled that Belgium was
not entitled to try a government minister of the Congo, Ndombasi, for his role in a
massacre of Tutsis in Kinshasa. 11 Belgian authorities were instructed that they had
no right to strip Ndombasi of diplomatic protection, even in view of the gravity of the
offences of which he was being accused. Hence, a case being brought against Israeli
Prime Minister Sharon, for his role in a 1982 massacre in the Lebanon, was dropped.
This development was to the relief of some in the Belgian government who had
become alarmed at the likely diplomatic fallout from their country vainly seeking
to bring a long list of recent tyrants to justice in Brussels. The ICJ verdict brought
dismay to human rights activists for setting back the cause of universality in human
rights law but, ultimately, the case may help strengthen the arguments in favour of
global justice. The prospect of dozens of states around the world simultaneously
pursuing various individuals in the name of international law demonstrates the
necessity of a global judiciary less vulnerable to criticisms of partisanship and more
likely to be able to meet success in pursuing individuals traditionally protected by
sovereignty.
Such a role could yet come to be played by the International Criminal Court
(ICC). The birth of the ICC in 2002 marked a watershed in the universal jurisdiction
of human rights and, at a wider level, in the whole conduct of international relations.
How influential it can become remains to be seen but it should be able to give real
meaning to international law on genocide, war crimes and ‘crimes against humanity’
by exercising the sort of supranational authority witnessed only sporadically and
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