International Human Rights Law Eighth edition Rhona K. M. Smith mic OXFORD ‘UNTVERSITY PRESS os UUMMISSION ON HUMAN RIGHTS3 The United Nations We the peoples of the United Nations determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm our faith in fundamental human rights, in the dignity and worth of the human pes- son, in the equal rights of men and women and of nations large and small ... have resolved to combine our efforts to achieve these aims ... Preamble, UN Charter The League of Nations was replaced by a new international organization— the United Nations. In addition to assuming some of the functions of its predecessor, the United Nations was compelled to address the problems of mass violations of human rights and serious infringements of territorial sovereignty, events which had precipitated the two world wars and caused great suffering. ‘The unprecedented devastation of two world wars within thirty years bad so demoralized accepted political thinking, that a plausible mechanism for protect- ing future generations from such trauma was essential. For this, an international response was considered appropriate. Given the prevailing mood, consensus was forthcoming. Consequently, the Charter of the United Nations (hereinafter referred to as ‘the Charter’) was adopted in San Francisco in 1945, entering into force on 24 October 1945. 3.1 The United Nations Charter ‘The stirring preambular paragraphs of the Charter reflect a clear emphasis on the notion of equality and on the inherent dignity and worth of each and every person. The aims of the United Nations, as stated in the Preamble to the Charter, reflected contemporary world opinion. The primary function of the United Nations is the maintenance of international peace and security (Art 1(1)). However, it was, and is, accepted that achievement of a general respect for human rights and fundamental freedoms is a condition favourable to the main- tenance of such peace and to respect for law in general. Consequently, references to human rights were made in the constituent document (the Charter) of the new organization.28 3 | The United Nations The aim of developing human rights protection is reinforced in the declared Purposes of the organization, as postulated in Art 1 of the Charter: [t)he Purposes of the United Nations ase: 2, To develop friendly selations among nations based on respect for the principle of equal rights and self-determination of peoples, andi to take other appropriate measures to strengthen universal peace. 3. To achieve international co-operation in solving international problems of an eco- nomic, 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 .., Allusion to the link between international peace and security and the protection of human rights is intentional. As more recent developments by, for example, the Organization for Security and Co-operation in Europe (OSCE) demonstrate, protec- tion and promotion of human rights (especially of ethnic and religious minorities) is still a major factor is ensuring stability in potentially volatile areas (the work of the OSCE is addressed in the context of regional protection in Europe—Chapter 7). ‘The inclusion of references to human rights in the Charter was radical in its time. It represents acknowledgement of the role of international law in protect- ing the rights of individuals and effectively marks the beginning of the end of the exclusivity of State jurisdiction over nationals. In the aftermath of war in Europe, imposing positive human rights obligations on all States was unthinkable although imposing constitutional guarantees on the ‘defeated’ States was, on the other hand, viewed as creating a firm foundation of national law, albeit through treaties, and thus acceptable (as considered in Chapter 2). 3.1.1 The influence of the Nuremberg Criminal Tribunal The trial and judgments of the International Military Tribunal at Nuremberg of war criminals added further fuel to the embryonic international human rights movement. Expanding individual liability under international law from ‘universal crimes’, such as piracy on the high seas, to war ctimes and ‘crimes against humanity’ (Art 6, Charter of the International Military Tribunal for the Trial of War Criminals), irrevocably changed the nature of international law. Suddenly, it was no longer the preserve solely of nations, The Tribunal found individuals liable for crimes against humanity and war crimes, sentencing them accordingly. The Tribunal considered that crimes against international law were committed by men, not by abstract entities, and only by punishing those individ- uals who commit such crimes can the provisions of international law be enforced. Individuals had been catapulted onto the international stage where they remain. (The International Criminal Tribunals for Rwanda and the former Yugoslavia indicated a return to the Nuremberg approach, with individuals being held to account for serious contraventions of intemational (criminal) norms. Article 5 of the 1998 Statute of the International Criminal Court lists those crimes within the jurisdiction of the now permanent court, though note this operates outwith the UN system)3 | The United Nations 29 ‘The new United Nations drew on the early potential for individual responsibil- ity, and its corollary, individual rights, progressively elaborating on the tentative references to human rights incorporated into the Charter of the organization. 3.1.2 Developing international human rights law ‘The human rights provisions of the United Nations Charter have been described as. ‘scattered, terse, even cryptic’ Steiner, H, Alston, P, and Goodman, 8, p 135).Nocom- prehensive system for protecting human rights was enshrined in the Charter. Rather, the goal of securing respect for human rights was specified with States pledging to encourage the promotion and observance of rights within their territories, There was no real definition or articulation of ‘human rights’ although reference was made to the concept of equality and the notion of the dignity and worth of the human person, It is unlikely that the drafters of the original Charter could have foreseen the development of international human rights law to its present form based on the Charter's references. It is even less likely that they would have condoned the develop- ments, given the inevitable clash with traditional notions of State sovereignty and the then prevailing theoretical basis of international law, With respect to the actual provisions of the Charter, the final text represents a considerable expansion on the original Dumbarton Oaks Proposals, largely at the behest of the smaller States and the non-governmental organizations which lobbied the conference delegates. Initially, the Soviet Union objected to broadening the scope of the embryonic organization to include economic and social cooperation and both the British and the Soviet del- egations at Dumbarton Oaks had reservations on the inclusion of human rights in the Charter. However, majority opinion at San Francisco favoured some mention of respect for human rights and fundamental freedoms though the decision was taken not to annex a Bill of Rights. From the outset, the United Nations has placed great emphasis on the promotion of economic and social progress and development of all States. This has positive repercussions for international tuman rights, introducing political and economic stability, conditions more conducive to the realization of human rights. The need for this has been heightened by the growing membership of the organization and the acknowledgement of the growing gap between the more advanced and the de- veloping nations of the world. With originally fifty-one members, now 193, cooper- ation and consultation have been key words in the development of United Nations’ social policy, with financial and technical assistance also playing a prominent role. ‘The failure of national laws to protect citizens had been cruelly demonstrated; the responsibility thus lay with the global community, the new United Nations organization. As the League of Nations had proven unsuccessful in its attempts to protect minorities from the States in which they find themselves, the new or- ganization sought to approach the question of human rights from a different angle—adopting the concept of equality for all in place of the idea of protection of minorities. The new organization was anxious to avoid the problems associated with minorities which had beset its predecessor, ultimately leading to its collapse. ‘The United Nations system is based on a fundamental and irrevocable belief in the dignity and worth of each and every individual. Realization of this should, ipso facto, obviate the need for minority protection; every individual is entitled to the same fundamental rights and freedoms. The protection of the basic rights of all30 3 | TheUnited Nations citizens of the world has evolved to surpass national law; it is simply an integral part of ‘being’. Having pledged to promote universal observance of, and respect for, human rights, the United Nations required an institutional framework to exercise respon- sibility therefor, Accordingly, Chapter IX of the Charter, International Economic and Social Co-operation, elaborates on the economic and social foundations of peace. Article 55 of the Charter aims at creating ‘conditions of stability and well-be- ing which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples’. In fur- therance thereof, the Charter then lists economic and social aims which the United Nations shall promote ‘without distinction as to race, sex, language or religion’ (Art SS(@). Article 61 of the Charter created the Economic and Social Council, a body with eighteen (now fifty-four) members. One of the functions of this body is making recommendations for the purpose of promoting respect for, and obser- vance of, human rights and fundamental freedoms for all (Art 62(2)), To assist in ‘this task, the Economic and Social Council was to establish a Commission for the protection of human rights. This Commission was later superseded by the Human Rights Council. Today, there is a comprehensive network of institutions, organs, and committees which oversee the implementation and realization of human rights at the international level, Nine committees, created by the principal human rights treaties, monitor the implementation of each treaty. These committees report through to the General Assembly of the United Nations. The institutional infra- structure of the United Nations vis-a-vis the protection and promotion of human rights, including these committees, ate examined in more detail in Chapter S. The new international organization very quickly established itself ag a body which would actively fulfil its commitment under Art 55 of the Charter, prompting universal respect for, and observance of, human rights and fundamental freedoms. Progress in this area has been achieved in a number of ways: drafting conventions and resolutions, applying political pressure to States, preparing and disseminal- ing relevant information, and internationally condemning serious human rights violations. 3.2 Building international human rights law As has been observed, the Charter did not specify in detail what was covered by ‘human rights,, neither did it define State responsibility for the promotion of these rights. Today, there is a cocktail of international instruments aimed at securing the promotion and respect of human rights. The law relating to human rights is highly prescriptive though there remain many grey areas and the realization of rights is still, in many respects, dependent on the will of States. The first step taken by the United Nations with, respect to human rights was the affirmation of the existence of a body of international human rights, The articula- tion of the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966 (on Civil and Political Rights and on Economic, Social and Cultural Rights) form the foundation of international human rightsFF 3 | The United Nations 31 protection, as advocated by the United Nations, Often referred toas the International Bill of Rights, these instruments embrace a truly global membership and remain the starting point of any examination of modem international human rights. The Universal Declaration tabulates what has become the accepted standard of rights which inalienably attach to all human persons while the International Covenants elaborate on these rightsin amore detailed, legally enforceable manner. International committees acting under the auspices of the United Nations have responsibility for monitoring the implementation of the Covenants. The International Bill of Rights will be considered in more detail in Chapter 4. However, these instruments represent only the starting block for an examina- tion of international human rights. The United Nations has subsequently adopted a number of other international instruments which add further clarity and definition to the provisions of the Universal Declaration. A detailed discussion of these instruments is outwith the scope of the present text; however, thelr Impor- tance justifies an overview to illustrate the scope of contemporary human rights protection, 3.2.1 War crimes and crimes against humanity There has been considerable progress since the Nuremberg and Tokyo Tribunals found individuals guilty of violating war crimes and crimes against humanity. Pursuant to a United Nations’ General Assembly Declaration in 1946 that genocide was an international crime, the United Nations adopted the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. The Convention defines genocide and provides for the trial of individuals charged with it either in the State in which the act was committed or before any competent international penal tribunal (Art VI). Contracting States pledged to facilitate the extradition of those indicted for genocide. Although originally intended to be in effect for ten years, the commitment of States to eradicating genocide has been such that it remains in force today (Art XIV). Sadly, as the International Criminal Tribunals for Rwanda and the former Yugoslavia demonstrate, genocide and war crimes are still perpetrated today. Indeed, as the twentieth century drew to a close, concern over the number of instances of genocide and ‘unimaginable atrocities that deeply shock the conscience of humanity’ prompted the international community to adopt the Statute of the International Criminal Court (Rome, 1998, Preamble) The Rome Statute, in force on 1 July 2002, established a permanent International Griminal Court which functions alongside the United Nations system, exercising jurisdiction over the most serious crimes considered of concern to the interna- tional community as a whole: the crime of genocide, crimes against humanity, war crimes, and the crime of aggression (Art 5). Each ctime is further defined in the Statute, Unlike the International Court of Justice, the International Criminal Court has jurisdiction over individuals, It is the only international adjudicatory body before which individuals have locus standi. A prosecutor investigates situa- tions referred by a State or proprio motu on the basis of information received (Arts 14-15, 53-5). Following trial and conviction, the Court may impose a range of penalties including imprisonment, fines, and forfeiture of assets (Art 77). There is a right of appeal against decisions of the Court (Arts 81 et seq)32 3 | The United Nations a Pei r este ls) og Heads of State and International Criminal Law In March 2009, the Office of the Prosecutor of the International Criminal Court issued a warrant for the arrest of Omar Hassan Ahmad Al Bashir, the president of the Republic of Sudan. He was charged with five counts of crimes against humanity (torture, murder, forcible transfers, rape, and extermination) and two counts of war crimes (pillaging and intentionally directing attacks against civilian population/those not involved in hostilities). He is the first Head of State to be cited by the International Criminal Court and the warrant is still proving divisive and controversial, Other Heads of States have been prosecuted in national and international fora once they have left office. Examples include Charles Taylor (former Liberian president— convicted by the Special Court for Sierra Leone in the Hague), Slobodan Milosevie~ (former Yugoslavian president who died during trial before the ad hoc International Criminal Tribunal for the Former Yugoslavia), and Augusto Pinochet Ugarte (former Chitean president prosecuted in Chilean courts who died before any trials were com- pleted). Belgium was also in dispute with Senegal before the International Court of Justice concerning the latter’s claimed obligation to prosecute or extradite Hissene Habre, former Chadian president. (As a result of this final example, the Extraordinary African Chambers in Senegal were inaugurated in February 2013 with the trial concluding in 2016 with convictions for crimes against humanity, war crimes, and torture (sexual violence and rape were included in the crimes). He was sentenced to life in prison some twenty-five years after fleeing Chad for Senegal). In contrast, the ad hoc International Criminal Tribunal for Rwanda rejected a bid to indict President Paul Kagame on counts of being complicit in the assassination of his predecessor, an event which precipitated the genocide in that country. . The issues raised concern command responsibility, sovereign immunity, and inter- nal criminal law. ‘The salient international criminal law is prescribed in the Statute as are the pro- cedural safeguards accorded to any accused person which ensure that the trial will be conducted in accordance with the now universally accepted principles of equal- ity before the law, fairness to the accused, and the right to a fair trial. The rights protected include ne bis in idem (not being tried twice for the same crime), nullum crimen sine lege (a prohibition on retroactive application of the Statute), a minimum age of criminal responsibility (eighteen years), a pretrial within a reasonable time following surrender of the person to the Court, trial in the presence of the accused, the presumption of innocence, and, in Art 67, a full tabulation of the rights of an accused person. The Court is constituted in The Hague, the Netherlands. The establishment of the International Criminal Court is, in many ways, a logical conclusion to the development of the detailed rights of the individual by the United Nations. Just as contemporary international human rights began with the Nuremberg Tribunal and the acknowledgement of the duties of individuals, so it is reasonable to re- spond to seventy years of development of international human rights with the es- tablishment of a permanent court with jurisdiction over individuals. For many, the only regret is that there is no real equivalent court with jurisdiction for systematic- 3 | The United Nations 33 violations of other human rights, the treaty-monitoring bodies (discussed in Chapter 5) exercising no real judicial function. Only at the regional level can States be held accountable (in a judicial setting) for infringements of human rights (see Chapters 7-9). 3.2.2 Protection of vulnerable groups While universal rights have indeed been a major feature of the United Nations or ganization, the system in place to secure their realization is flawed. Many peoples remain inherently vulnerable to exploitation and abuse. Infringements of human rights may not be actioned due to issues of legal standing or simply through lack of access to the necessary legal resources. Creating discrete instruments-aimed at promoting protection of the rights of vulnerable groups has punctuated the work of the United Nations, strengthening the universalism of human rights. A brief overview of key groups follows in the current context; a more detailed considera- tion of the rights of indigenous people, women, children, and refugees appears in Chapters 21 (indigenous persons) and 22. 3.2.21 Refugees As the Second World War demonstrated, refugees and displaced people are vulner- able, with their rights frequently ignored, Refugees transcend national boundaries, thus an international response is required, as reflected in the current debates in South East Asia and Europe on how to respond to growing numbers of refugees. The United Nations adopted the Convention relating to the Status of Refugees in Geneva in 1951. Although the instrument was created solely in response to popula- tion displacement in Europe, its ambit has now been extended both geographically and in time to all refugees, History sadly attests to the ongoing vulnerability of the growing number of refugees and internally displaced people: ever more people are displaced. The strengthened code of rights remains the key instrument for refugees. 3.2.22 Migrant workers Alongside refugees, an increasing number of people elect to leave their State of nationality to seek work elsewhere. As travel becomes commonplace and know!- edge and skills transfer more readily, it becomes apparent that migrant workers have also been suffering from human rights abuses. The International Labour Organization developed guidelines for migrant workers. Its 1949 Convention No 97 Migration for Employment and the 1975 Migrant Workers (Supplementary Provisions) Convention (No 143) were supported by Recommendations, However, ratification has been slow. The pervasive reluctance of States to embrace migrant workers is further evidenced by the 1990 United Nations International Convention on the Rights of All Migrant Workers and Members of their Families which finally secured the necessary ratification’ to enter into force in July 2003, thirteen years after being opened for signature, The United Nations estimates that there are more than 230 million migrant workers, some two per cent of the global population (Department of Economic and Social Affaits, trends in migrant stock). The breadth of the Convention is notable as it covers seasonal workers, those who commute to work across international borders, self-employed workers, seafarers on ves- sels of a different registration to that of the worker, and itinerant workers (Art 2).34 3 | The United Nations States ratifying the Convention include Azerbaijan, Bolivia, Cape Verde, Egypt, El Salvador, Ghana, Morocco, the Philippines, Senegal, Seychelles, and Uganda, Even now, many States with large migrant populations have proven reluctant to sign up. Many sending States are also reluctant despite the obvious indirect benefits for theit own migrant population. Rights accruing to migrant workers and their families encompass a range of universal rights from healthcare to culture as well as comprehensive employment rights. Migrant workers also enjoy rights to leave and return. Guiding principles for dealing with issues of migration are decreed: international migration of workers is to be considered in accordance with sound, equitable, and humane conditions (Art 64). Today issues surrounding migration can be linked wrongly to issues concerning refugees and to human trafficking. The work of the UN special rapporteur on the human rights of migrants is instructive in understanding issues. 3.2.23 Women From the outset, equality of rights between men and women was enshrined in the United Nations Charter. However, this was an aspirational goal witha substantial gulf between the status of men and women. As Chapter 12 discusses, significant efforts have been made to promote the elimination of inequality of opportunity between the sexes. The United Nations continued the pioneering work of the International Labour Organization in addressing the rights of women. In furtherance thereof, concer extended beyond non-discrimination to strategies for promoting the rights of women. Today, UN Women is the umbrella entity forging progress towards equal- ity of women and ameliorating the position of women in society. © 3.2.2.4 Children Children are unique insofar as they are inherently dependent on others for their early survival and rights. Refugees, migrant workers, and women may be similarly vulnerable but the duration of vulnerability is variable and treatment is geographically inconsistent. Human rights abuses against children have long been the subject of international concern. From the 1924 Declaration on the Rights of the Child during the era of the League of Nations, children retained a pres- ence on the United Nations’ agenda. Ultimately, sufficient political consensus was found to ensure children's rights could be tabulated in the 1989 United Nations Convention on the Rights of the Child. Comprehensively including civil, cultural, economic, political, and social rights, the indivisibility and universality of the United Nations human rights system is at the heart of children’s rights. Many of these vulnerable groups are considered in more detail in Chapters 21 and 22. 3.2.3 Slavery, torture, forced labour, and trafficking Not only did the United Nations adopt standard-setting treaties enshrining international human rights (the International Bill of Rights) and treaties aimed at deemed vulnerable groups (women, children, refugees), it also adopted instru ments on specific fundamental rights. Genocide and war crimes have already been considered at 3.2.1; see also Chapter 13, The United Nations is based on respect for3 | The United Nations 35 human dignity: the ancient practice of slavery, the modem-day forms of forced labour and trafficking of persons, and the use of techniques of torture are clear affronts to human dignity. Attempts had to be made to eradicate such practices in the new world order. This would create an environment conducive to the culture of respect for human rights and freedoms. ‘The origins of the law on slavery have been considered in Chapter 2, the modern law being considered in Chapter 15. Suffice for now to highlight that the gravity of the offence prompted the United Nations to adopt the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. According to Interpol, smuggling people is now the third most profitable activity for organized crime worldwide. The Trafficking in Human Beings Branch of the International Criminal Police Organization is currently trying to chart known smuggling routes. ‘These trafficking activities are covered by international instruments though often the State is not directly responsible. Associated activities include forced and com- pulsory labour (Convention Concerning the Abolition of Forced Labour 1957) while those failing to pay the required (illegal) fee for being smuggled may be tortured and abused. ‘Torture is another activity which has long been the subject of international regu- lation. In 1984, the United Nations adopted its Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Chapter 14 deals with torture in more detail). A Committee against Torture was established by the Convention with responsibility for the implementation thereof in the territory of contracting States. . 3.2.4 Other human rights instruments The United Nations has adopted many other declarations and instruments on human rights. Some elaborate on rights and freedoms, others address specific in- stances of violations, for example, calling on particular States to protect certain categories of rights. The United Nations often adopts declarations as a precursor to the drafting of a detailed binding instrument—this has been seen with, inter alia, children’s rights, the International Bill of Rights, racial discrimination, and discrimination against women. Other areas of law have been the subject of declara- tions which have not yet metamorphosed into binding conventions. The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief was adopted in 1981. Religion was one of the original grounds for discrimination identified by the United Nations. However, given the nature of religion, it proved difficult to obtain agreement on any text which could apply to all of the world’s major religions. The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 1992 evidences a return to minority protection, albeit within narrowly defined limits. Both these instruments can derive authority from the concept of equality which was included in the United Nations Charter. Alongside these legis- lative measures, the United Nations has elected to maintain an independent expert on minority issues, now under the auspices of the UN Human Rights Council (see further, Chapter 21).36 3 | The United Nations 3.3 The impact of the United Nations on international human rights The standards have been set, international human rights law exists in theory, the ball is now in the court of the States and other international players to ensure its effective realization and implementation. The United Nations works fo protect inter- national human rights in a number of different ways. As States may seek assistance from the United Nations in order to realize their human rights obligations under the various instruments, the United Nations has developed a Technical Co-operation Programme in the Field of Human Rights. Through this programme, States may request and receive technical assistance in the promotion and protection of human rights. The support available ranges from advisory services to training courses, some- times necessitating the presence ‘in the field’ of United Nations’ personnel. Training programmes may include those set up for the benefit of lawyers, judges, the armed forces, and the legal enforcement agencies (eg, the police) in the State concerned. Many of these programmes are financed by independent voluntary contributions. Undoubtedly, the creation of a treaty-based body of international human rights law has been one of the successes of the organization. In less than sixty years, inter- national human rights law has become a documented reality. The United Nations Charter and the family of international instruments which it spawned provide a concrete basis for the protection of the individual under international law. In the words of the International Law Association: The United Nations inspires the hope of so many of the world’s downtrodden. Every year thousands of individuals and groups appeal to UN bodies for help. On their behalf a myriad of non-governmental organizations attempt to place their cases on the international agenda. When national institutions fail, when governments are unresponsive, millions of the -tor- tured, the repressed, the hungry, turn to the UN. Bayefsky, A, pp 681-99 ‘The United Nations system will now be examined in more detail. Focus will first centre on the International Bill of Rights before shifting to the United Nations’ institutional structure—that is, those organs and bodies involved in the promo- tion and protection of international human rights. READING Bayefsky, A, Report on the UN Human Rights Treaties: Facing the Implementation Crisis, first report of the Committee on International Human Rights Law and Practice, International Law Association, Helsinki Conference 1996, reproduced in A Bayefsky (ed), The UN Huonan Rights Treaty System in the 2ist Century (The Hague: Kluwer, 2000). 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De Than, C, and Shorts, E, International Criminal Law and Human Rights (London: Sweet and Maxwell, 2003). ‘Tomnschat, C (ed), Humane Rights: Retweer Idealism and Realism (Collected Courses of the Academy of European Law) (Oxford: Oxford University Press, 2003) United Nations Division of Public Information, Basic Facts about the United Nations (New York: United Nations (republished annually). WEBSITES www.un.org/en—The United Nations. www.un.org/en/rights/—United Nations Human Rights. www.ohchr.org—United Nations High Commissioner for Human Rights. www.un.org/ha/—United Nations Humanitarian Affairs. wyews.tnhcr.ch—United Nations High Commissioner for Refugees. www.unicef.org—United Nations Children’s Fund, wwwaun.org/ga/children—May 2002 United Nations Special Session on Children, www.un.org/womenwatch/index.html—United Nations Internet Gateway on the Advancement and Empowerment of Women—Womenwatch, www interpol int/Crime-areas—Links to Interpol site on Children and Human Trafficking. ‘www.ice-cplint—Intemational Criminal Court. www. iety.org—International Criminal Tribunal for the former Yugoslavia. wwww.inictr.org—International Criminal Tribunal for Rwanda, wwwunwomen.org—United Nations Entity for Gender Equality and Empowerment of Women. www.ohchrorg/EN/Issues/Migration/SRMigrants—portal of the UN special rapporteur on Migrants, 9