Fact-finding Mission
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Fact-finding Mission
A United Nations fact-finding mission, also called a United Nations commission of inquiry, is a United Nations mission carried out with the intention to discover facts. Fact-finding missions have been sent by the UN to a number of conflict areas over the past 50 years, on a case-by-case basis. There are legal and political parameters for fact-finding, which provide a basis for more a comprehensive use of this tool, particularly by the Secretary-General. History Fact-finding was first established during the Hague Convention of 1907, which dealt with international commissions of inquiry. Declaration The draft declaration, was adopted without a vote by a Special United Nations Committee at the end of a three-week sessions in New York held 4–22 February 1991. On 9 December 1991, the General Assembly adopted resolution 46/59; ''Declaration on Fact-finding by the United Nations in the Field of the Maintenance of International Peace and Security''. The resolution emphasized "...th ...
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OHCHR
The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the United Nations General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights. The office is headed by the high commissioner for human rights, who co-ordinates human rights activities throughout the United Nations System and acts as the secretariat of the Human Rights Council in Geneva, Switzerland. The eighth and current high commissioner is Volker Türk of Austria, who succeeded Michelle Bachelet of Chile on 8 September 2022. In 2018–2019, the department had a budget of US$201.6 million (3.7 per cent of the United Nations regular budget), and approximately 1,300 employees based in Geneva and New York City. It is an ex officio mem ...
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International Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the ...
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Organizations Established By The United Nations
An organization or organisation (Commonwealth English; see spelling differences) is an entity—such as a company, or corporation or an institution (formal organization), or an association—comprising one or more people and having a particular purpose. Organizations may also operate secretly or illegally in the case of secret societies, criminal organizations, and resistance movements. And in some cases may have obstacles from other organizations (e.g.: MLK's organization). What makes an organization recognized by the government is either filling out incorporation or recognition in the form of either societal pressure (e.g.: Advocacy group), causing concerns (e.g.: Resistance movement) or being considered the spokesperson of a group of people subject to negotiation (e.g.: the Polisario Front being recognized as the sole representative of the Sahrawi people and forming a partially recognized state.) Compare the concept of social groups, which may include non-orga ...
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Report Of The Commission Of Inquiry On Human Rights In The Democratic People's Republic Of Korea
The ''Report of the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea'' is the landmark document resulting from the investigations on human rights in North Korea commissioned by the United Nations Human Rights Council in 2013 and concluded in 2014. The report unequivocally concluded that the Politics of North Korea, North Korean government systematically violated human rights including freedom of thought, Freedom of expression, expression and Freedom of religion, religion; freedom from discrimination; freedom of movement and residence; and the right to food. The Commission further determined that North Korea had committed crimes against humanity and manifestly failed to uphold its responsibility to protect. These crimes entail "extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enf ...
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International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the International criminal law, international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is distinct from the International Court of Justice, an United Nations System, organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights. The Court has faced #Criticism and opposition, a number of criticisms. Some governments have refused to recognize the court's assertion of jurisdiction, with other civil groups also accusing the court of bias, Eurocentrism and racism. Others have also que ...
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Crimes Against Humanity
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals.Margaret M. DeGuzma"Crimes Against Humanity"''Research Handbook on International Criminal Law'', Bartram S. Brown, ed., Edgar Elgar Publishing, 2011. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution (where universal jurisdiction is recognized). The first prosecution for crimes against humanity took place during the Nuremberg trials against defeated leaders of Nazi Germany. Crimes against humanity have been prosecuted by other international courts (such as the International Criminal Tribunal for the former Yugosl ...
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War Crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal Indiscriminate attack, distinctions of Proportionality (law), proportionality and military necessity. The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for int ...
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Genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by means such as "the disintegration of [its] political and social institutions, of [its] cultural genocide, culture, linguicide, language, national feelings, religious persecution, religion, and [its] economic existence". During the struggle to ratify the Genocide Convention, powerful countries restricted Lemkin's definition to exclude their own actions from being classified as genocide, ultimately limiting it to any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". While there are many scholarly Genocide definitions, definitions of genocide, almost all international bodies of law officially adjudicate the crime of genocide pursuant to the Genocide Convention. Genocide has ...
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Crimes Of Aggression
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law o ...
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Member States Of The United Nations
The United Nations comprise sovereign states and the world's largest intergovernmental organization. All members have equal representation in the UN General Assembly. The Charter of the United Nations defines the rules for admission of member states. Membership is open to all states which accept certain terms of the charter and are able to carry them out. New members must be recommended by the United Nations Security Council. In addition to the member states, the UN also invites non-member states to be United Nations General Assembly observers, observer states at the UN General Assembly. A member state that has persistently violated the principles of the United Nations Charter can be Expulsion from the United Nations, expelled from the United Nations. Membership The criteria for admission of new members to the UN are established in Chapter II of the United Nations Charter, Chapter II, Article 4 of the UN Charter: * Membership in the United Nations is open to all stat ...
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United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and international security, security, to develop friendly Diplomacy, relations among State (polity), states, to promote international cooperation, and to serve as a centre for harmonizing the actions of states in achieving those goals. The United Nations headquarters is located in New York City, with several other offices located in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and The Hague. The UN comprises six principal organizations: the United Nations General Assembly, General Assembly, the United Nations Security Council, Security Council, the United Nations Economic and Social Council, Economic and Social Council, the International Court of Justice, the United Nations Se ...
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United Nations Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers as outlined in the United Nations Charter include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with authority to issue resolutions that are binding on member states. Like the UN as a whole, the Security Council was created after World War II to address the failings of the League of Nations in maintaining world peace. It held its first session on 17 January 1946 but was largely paralysed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War and the Congo Crisis and peaceke ...
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