Crimes against Humanity or Human Rights - Essay Example

PRESENTATION SPEECH Name: Institution Affiliation: PRESENTATION SPEECH INTRODUCTION The presentation explores the issue of human rights across the globe. Over time, there has been numerous heated debates and discussions concerning human rights and how they are enforced. One of the most crucial issues that the essay covers and analyzes in details is whether capital punishment is compatible with human rights. Secondly, the actions that United Nations has taken to date to try to secure peace, protect civilians, and ensure that those responsible are held accountable for human rights violation will be highlighted. However, to achieve the best discussion analysis various case studies relevant to the topic will be a vital resource. Finally, the issue of genocide will as well be part of the outcomes of the presentation. CAPITAL PUNISHMENT AND HUMAN RIGHTS AGENDA According to the Centre for Constitutional rights, the death penalty is not compatible with the human rights agenda. In fact, the death penalty is considered as one of the most crucial forms of violating the most fundamental human rights. In essence, it violates the human right that states are responsible for ensuring and recognizing the right to life (Steiner, Alston & Goodman, 2008). The right to life is one of the basic human rights and is broadly accepted by the human rights and international laws. United Nations is one of the most reputable representative bodies in the issues that concerns human rights. They believe that capital punishment breaches the basic enshrined human rights (Annan & Secretary General United Nations, 2005). There are several advantages associated with recognizing that capital punishment is a violation of the human rights. One of the most significant implication is that it substantially highlights and sheds light on the violation of the most fundamental human right that is right by each person to life. Secondly, it is crucial since it is a demonstration that there is a substantial need to end the use of capital punishment. Capital punishment is always associated with various injustices and criminal activities that are considered as unforgivable or that cannot be rehabilitated. However, despite this human rights still considers the death penalty as wrong (Kent, 2013). In addition to the above, the continued use of capital punishment violates the need to have human rights in place. It is imperative to note that the presence of human rights in every nation plays a significant role. As such, every state has the obligation to respect, protect, and fulfill human rights. Therefore, people who commit a crime must be sentenced, but their right to life must also be protected by the state. However, positive approaches other than capital punishment needs to be taken to ensure that their full rights are achieved (Ignatieff & Gutmann, 2003). One of the most significant cases occurred on October 10, 2011, when CCR joined the world in remembering the ninth annual world day against the death penalty. This commemoration was facilitated by the issuance of the paper entitled “The US Tortures Before It Kills: An Examination of the Death Row Experience from a Human Rights Perspective”. The position paper played a crucial role in the analysis of the intolerable process and actions that the criminals undergo before being executed. According to the international human rights laws, this is considered as torture and is unacceptable (Dieter, 2002). ACTIONS THAT UNITED NATIONS HAS TAKEN TO DATE TO TRY TO SECURE PEACE PROTECT CIVILIANS, AND ENSURE THAT THOSE RESPONSIBLE ARE HELD ACCOUNTABLE FOR HUMAN RIGHTS VIOLATION Several actions have been taken by the United Nations concerning the issue of violation of human rights. According to Dieter “United Nations General Assembly considered a resolution in 1994 to restrict the death penalty and encourage a moratorium on executions” (Dieter, 2002). This is the first and most crucial actions that were taken by the UN in 1994. The main reason the UN called for the end of use of capital punishment is that it is a violation of the most fundamental human right- right to life. It is imperative to note several countries have accepted this call to end capital punishment. On the contrary, it is saddening to note that some still use capital punishment. In essence, there has been no clear consensus across the globe concerning the use of death penalty (Anderson, 2003). The other crucial action that has been taken by the UN is promoting respect for human rights. This is the main reason United Nations is identified as a people’s organization across the globe. This promotion of respect for human rights has been facilitated by the member states of UN through the standards set out in the UN Charter and the Universal Declaration of Human Rights. However, it is profound to note that other specific actions have enabled UN to achieve this objective (Carozza, 2003). One of the most crucial actions in promoting respect for human rights is that UN uses all the resources at its disposal. For instance, they use resources such as funds to employ professionals to train people in the member states on the importance of respecting human rights. In addition to the above, they use operational reach, moral authority, and diplomatic creativity to preach respect for human rights (Metz, 2010). One of the most notable cases occurred in 2013 when the secretary general renewed the commitment of UN Secretariat, funds, programs, and agencies to upholding the obligations bestowed to them by the UN Charter, General Assembly, and the Security Council in cases of severe threats and crucial violations of human rights. This is remembered as the most significant phase in the “Human rights up front” implementation plan (Wade, 2009). This action was vital since it is one of the plans that led to prevention and avoidance of future conflicts concerning human rights. As such, it is worth noting that this action was a clear confirmation that UN was ready to utilize the full breadth of its mandates to protect and secure the potential victims (Schabas, 2000). Additionally, UN has been warning those planning to violate human rights of the dire consequences they will be subjected. Provision of such early warnings is one way of enhancing the trial to secure peace, protect civilians, and ensure that those responsible are held accountable for human rights violation (Broomhall, 2003). It is worth noting that the UN as well has deployed more human rights officers and advisers in the member states. These are the professionals that provide technical assistance to the member states concerning human rights and related issues. As such, this encourages the capacity building which is key in promoting the implementation of the rule of law in these states. Finally, the UN have been timely in the provision of the required alert information to the member states and other UN agencies in situations of crucial concern such as capital punishment (Germain, 2004). GENOCIDE There has been a lot of discussions concerning genocide across the globe. Therefore, different countries have different takes and views concerning genocide. According to Quigley “Genocide is a legal category devised to outlaw the worst possible conduct one can commit. Genocide should obviously be subject to sanction” (Quigley at al., 2009). In general, genocide is a wrongful act as stated by the law and any state that engages in such activities can be held liable. This is the primary reason nations are prohibited from committing such acts. An example of cases where genocide was committed is during the World War II. These atrocities that were committed during this period called for attention from the international community. The primary objective of this concern was to ensure that the right measures are put in place to ensure that the same atrocities do not recur (Amann, 2000). It is profound to note that some specific actions were featured in the definition of genocide by Genocide Convention, 1948. One of the most crucial of these acts that amounted to genocide is killing members of a group. Secondly, causing serious bodily or mental harm to members of the group amounted to genocide (Vinjamuri & Snyder, 2004). In addition to the above, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part as well as imposing measures intended to prevent births within the group amounted to genocide. Finally, the Genocide Convention, 1948 states that “forcibly transferring children of the group to another group” (Lines, 2007) amounts to genocide. Lastly, it is imperative to note that currently genocide is considered as crimes against humanity or human rights. Some of the most common of these offences include murder, deportation, wartime rape, torture, persecution, enslavement, and kidnappings. Therefore, governments should put in place the right measures to ensure that genocide is not committed by all means possible. As such, those who commit such crimes should be held responsible and face the full force of the law that protects human rights. References Annan, K. A., & Secretary General United Nations. (2005). In larger freedom: towards development, security and human rights for all. Amann, D. M. (2000). Capital punishment: corporate criminal liability for gross violations of human rights. Hastings Int'l & Comp. L. Rev., 24, 327. Anderson, C. E. (2003). Eyes off the prize: The United Nations and the African American struggle for human rights, 1944-1955. Cambridge University Press. Broomhall, B. (2003). International justice and the International Criminal Court: between sovereignty and the rule of law. Oxford University Press. Carozza, P. (2003). 'My Friend is a Stranger': The Death Penalty and the Global Ius Commune of Human Rights. Texas Law Review, 81, 1031. Dieter, R. C. (2002). The death penalty and human rights: US death penalty and international law. Lancet, 1. Germain, A. (2004). 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