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Richard Hustad, Norwegian Centre for Human Rights, [email protected]
English for Lawyers (ENGSEMJ)Topics in Int’l Law and Human Rights
Topic #2: What is Peace?
Richard Hustad, Norwegian Centre for Human Rights
What is Peace?
• Can we agree that this is not peace?
Richard Hustad, Norwegian Centre for Human Rights
The ’Right’ to Peace
• Montevideo Convention (1933)– Art. 10—”the primary interest of states is the conservation of
peace”
• UN Charter (1945)– Art. 2 (3): ”All members shall settle their international disputes by
peaceful means…”– Art. 2 (4): All Members shall refrain in their international relations
from the threat or use of force against the territorial integrity or political independence of any state…”
– Art. 39-50: Only the UN Security Council can use force ”to restoreinternational peace and security.”
– Art. 51: Individual or collective self defense OK if an ”armed attackoccurs against a Member of the United Nations.”
Richard Hustad, Norwegian Centre for Human Rights
The ’Right’ to Peace
So is this within the definition of peace?
Richard Hustad, Norwegian Centre for Human Rights
The ’Right’ to Peace
• Declaration on the Right of Peoples to Peace (UNGA Res. 39/11, 12 Nov 1984)– ”Ren[ounce] the use of force in international relations”– “Convinced that life without war serves as the primary international
prerequisite for the material well-being, development and progress of countries, and for the full implementation of the rights and fundamental human freedoms proclaimed by the United Nations”
– “Appeals to all States and international organizations to do their utmost to assist in implementing the right of peoples to peace through the adoption of [appropriate] measures at both the national and the international level.”
• Covenant on Civil and Political Rights– Art. 6 (1): ”Every human being has the inherent right to life.” ”No
one shall be arbitrarily deprived of his life.”– Art. 9: ”Everyone has the right to liberty and security of person.”
Richard Hustad, Norwegian Centre for Human Rights
The ’Right to Peace’
• So this is not peace.
Richard Hustad, Norwegian Centre for Human Rights
The ’Right’ to Peace
What about20,000 (maybe50,000) deathsper day?Is this ’peace’?
Richard Hustad, Norwegian Centre for Human Rights
The ’Right’ to Peace
Poverty and death—Not just in some badly-run ’third-world’ country.Even in the USA.
Richard Hustad, Norwegian Centre for Human Rights
Two Types of Peace?
• Negative Peace—the absence of war
• Positive Peace—substantive peace
Richard Hustad, Norwegian Centre for Human Rights
The ’Right’ to Peace
• CESCR, Art. 2 (1)– ”Each State Party […] undertakes to take steps, individually and
through international assistance and co-operation, especiallyeconomic and technical, to the maximum of its availableresources.”
• Maximum extent– Use of resources wisely and productively toward the minimum core
• Available resources– all potential sources of funding, international aide, loans, and
natural resources
• Minimum core– the absolute, most essential rights of sustenance (food, housing,
shelter, medical care, education…)
Richard Hustad, Norwegian Centre for Human Rights
The ’Right’ to Peace
• Supreme Court of India (Municipal Council, Ratlamv. Vardichand, 4 SCC 162 (1980)):– “The [law] has no saving clause when the municipal council is
penniless. Otherwise, a profligate statutory body or pachydermicgovernmental agency may legally defy duties under the law by urging in self-defense a self-created bankruptcy or perverted expenditure budget. That cannot be. [...] The law will relentlessly be enforced and the plea of poor finance will be poor alibi whenpeople in misery cry for justice.”
Richard Hustad, Norwegian Centre for Human Rights
Discussion ExercisesNow until 17:00: discussion within groups17:00 – 17:15: Break (or informally continue group discussions)17:15 – 17:35: Exercise A (5-minute intro for each group)17:40 – 18:00: Exercise B (5-minute intro for each group)
• Exercise A: Consider the nuclear issue in Iran. Are the Iranianactions a violation of peace? Would an armed attack to destroy thenuclear production facilities be a justified use of force?– Team 1: Argue that the Iranian actions are done for justifiable
reasons and that an attack to destroy the facilities would be a violation of international law.
– Team 2: Argue that the Iranian actions have no justifiable groundsand that an attack would be within international law.
• Exercise B: Consider the situation in Afghanistan as of today. Are continued military operations compatible with the right to peace?– Team 3: Argue that military operations are a violation of the right to
peace and should be ceased immediately.– Team 4: Argue that military operations are necessary to prevent
violations of the right to peace and should continue.