Alfred de Zayas - Academia.edu (original) (raw)
Papers by Alfred de Zayas
Droits de l’homme et détention pour une durée illimitée
Revue Internationale De La Croix-rouge, 2005
A Terrible Revenge: The Ethnic Cleansing of the East European Germans
1. Criteria for Admissibility under the Optional Protocol 9 a) The Standing of the Author 9 b) Th... more 1. Criteria for Admissibility under the Optional Protocol 9 a) The Standing of the Author 9 b) The Victim 10 c) Date of Entry into Force of the Covenant and the Optional Protocol 11 d) Individuals Subject to a State Party's Jurisdiction 12 e) Preclusion under Article 5 (2) (a) of the Optional Protocol 13 f) Reservations by Stales Parties 15 g) Exhaustion of Domestic Remedies 16 h) Incompatibility 17 i) Substantiation of Allegations 18 j) Abuse of the Right of Submission 18 k) Competence of the Committee vis-a-vis National Law and Decisions 19
国際人権「自由権」規約入門 : 「市民的及び政治的権利に関する国際規約」の選択議定書の下における適用
１章 序言（許容性及び本案に関する手続き；証拠及び立証責任；個別意見 ほか） ２章 委員会が審議する問題（選択議定書における許容性の基準；自由権規約における実体的問題；規約上の義務の免脱）
The Illegality of Population Transfers and the Application of Emerging International Norms in the Palestinian Context
The Palestine Yearbook of International Law Online, 1990
United Nations Relief and Rehabilitation Activities
International Organizations in General Universal International Organizations and Cooperation, 1983
This chapter focuses on the United Nations Relief and Rehabilitation Activities (UNRRA). The acti... more This chapter focuses on the United Nations Relief and Rehabilitation Activities (UNRRA). The activities of the United Nations in the fields of relief and rehabilitation frequently originate with, and are commissioned by, resolutions of the United Nations General Assembly, and constitute a special concern of the United Nations Economic and Social Council. Vast relief programs have been initiated and implemented by various organs such as the United Nations Relief and Rehabilitation Administration by temporary United Nations Specialized Agencies such as the International Refugee Organization, by permanent Specialized Agencies such as the Food and Agriculture Organization, and the World Health Organization. UNRRAs policy-making plenary body was the Council, which consisted of one representative from each member government or authority. It was to be convened in regular session at least twice a year, but it only met on six occasions. Policy decisions of an emergency nature between sessions of the Council were made by the Central Committee, which at first consisted of representatives of China, the Soviet Union, the United Kingdom, and the United States, with the nonvoting Director-General presiding.
The CRC in Litigation Under the ICCPR and CEDAW
Litigating the Rights of the Child, 2014
The Third Optional Protocol to the Convention on the Rights of the Child has entered into force i... more The Third Optional Protocol to the Convention on the Rights of the Child has entered into force in April 2014. Petitions concerning violations of the rights of the child were hitherto justiciable before the Human Rights Committee and the Committee on the Elimination of Discrimination against Women, both of which have produced useful jurisprudence. While these Committees will continue to have jurisdiction over such cases, it is to be expected that henceforth petitioners will turn to the Committee on the Rights of the Child as the most specialised body in the field.
International Human Rights Monitoring Mechanisms
The United Nations receives thousands of petitions concerning alleged violations of human rights ... more The United Nations receives thousands of petitions concerning alleged violations of human rights from individuals, groups and organizations. These are screened by the Secretariat of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva, which channels them into the appropriate procedures, whether treaty-or resolution-based. The Commission on Human Rights (until 2006)/Human Rights Council (since 2006), the Sub-Commission on Promotion and Protection of Human Rights/Advisory Committee (since 2007 pursuant to Resolution 5/1), and their respective working groups and Special Rapporteurs operate according to the mandates conferred upon them by ECOSOC and General Assembly Resolutions. Seven "treatybodies" have been established to monitor compliance with the seven core conventions, but only four have petitions procedures in operation: the Human Rights Committee (HRC), the Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Elimination of Discrimination Against Women (CEDAW), and the Committee against Torture (CAT). A fifth treaty-based petitions procedure has been envisaged in Article 77 of the Convention on the Rights of All Migrant Workers and Members of their Families (CMW), but this procedure has not entered into force. The treaty-bodies consider petitions and issue "Views", "Opinions", or "Decisions" of a quasi-judicial nature. Unlike the resolution-based 1503 petitions procedure (renamed "complaints procedure" pursuant to Council Resolution 5/1 in 2007) and the thematic mandates of the so-* J.D. (Harvard), Dr. phil. (Göttingen). Visiting Professor of Law at numerous universities in the United States, Canada and Europe.
Nordic Journal of International Law, 2014
In the 1990s and beyond, implementation rather than standard-setting is likely to occupy most of ... more In the 1990s and beyond, implementation rather than standard-setting is likely to occupy most of the forces of the Centre for Human Rights. As more and more States ratify or accede to UN Conventions, the Centre must anticipate the needs and structurally prepare to cope with the increased workload that will ensue from greater participation in the procedures established by treaty bodies. Indeed, if the organization strives for universality of participation in human rights instruments, it must consequently shift sufficient human resources to those areas of increased activity. Among the rapidly growing activities of the Centre are those concerning the implementation of UN conventions and resolutions, in particular through the processing of individual complaints. Four international conventions establish international complaints procedures: the Optional Protocol to the International Covenant on Civil and Political Rights (117 States parties to ICCPR, 67 to OP), the Convention on the Elimination of All Forms of Racial Discrimination (article 14), the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (article 22), and the Convention on the Protection of All Migrant Workers and Members of their Families (article 77). At present the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women are envisaging the adoption of an Optional Protocol, which would establish a further specialized complaints procedure. Over the past few years, the United Nations communications procedures under United Nations conventions and ECOSOC resolutions have proven to be among the high visibility activities of the Centre for Human Rights. At present they are experiencing explosive growth: tens of thousands of communications under ECOSOC Resolution 1503, hundreds of new cases under the Optional Protocol procedure.
Petitioning the United Nations
Universal Human Rights, 1979
Nordic Journal of International Law, 1992
Civilian Population, Protection
Use of Force · War and Neutrality Peace Treaties (A–M), 1982
This chapter focuses on the concept of protection of civilian population in the event of armed co... more This chapter focuses on the concept of protection of civilian population in the event of armed conflict. In armed conflicts since World War II, civilians have accounted for 80 per cent of war deaths. The development of improved artillery, aviation and weapons of mass destruction have led the international community to promote an extension of the application of humanitarian international law to civilians, and to formulate specific provisions to protect them. The greatest danger to the civilian population has generally emanated from indiscriminate attacks, particularly from aerial bombardment, for example, it is estimated that during World War II 635 000 German civilians perished under the blanket bombing of the Allied “Strategic Bombing Command”. Furthermore, the basic conflict between military effectiveness and the protection of civilians has been rendered even more acute by guerrilla warfare, in which the line between combatants and non-combatants has inevitably become blurred.
Peace As A Human Right: The Jus Cogens Prohibition Of Aggression
Making Peoples Heard
Population, Expulsion and Transfer
Digital Communications, 1985
This chapter highlights various factors related to the concepts of population, expulsion, and tra... more This chapter highlights various factors related to the concepts of population, expulsion, and transfer. Population refers to ethnic or religious groups of at least several thousand individuals, established over a long period of time in a particular area. Several population transfers pursuant to bilateral treaties with a clause on option of nationality occurred after the outbreak of World War II. Distinguished legal scholars argue that population expulsions are necessarily incompatible with modern international law, in particular with the law of human rights. In peacetime, there are numerous provisions proscribing expulsions of both nationals and aliens. Although a right to return exists in theory, this right is not being implemented in practice, as in the case of more than one million Palestinian refugees from the Arab–Israeli conflicts of 1948 and 1967.
Collective Expulsions: Norms, Jurisprudence, Remedies
Refugee Survey Quarterly, 1997
Proceedings of the Nutrition Society, 2013
The scaling up nutrition (SUN) policy framework requires extensive public–private partnership (PP... more The scaling up nutrition (SUN) policy framework requires extensive public–private partnership (PPP). Malnutrition is multi-dimensional and should engage multi-sectoral platforms. The SUN policy however did not fully embrace the dynamics of harnessing PPP. The objectives of the present paper are to highlight the reasons for the apprehension around PPP and illustrate how effective coordination of PPP in West Africa has contributed to implementing large-scale food fortification with micronutrients as a complementary nutrition intervention. The experience of Helen Keller International (HKI) in scaling up food fortification was emphasised with understanding of the factors contributing to indifference by the international community to private sector contribution to SUN. The roles of different stakeholders in a PPP are elucidated and the process linked to who, why and how to engage. The private sector provides direct nutrition services while the public sector creates the enabling environme...
Nordic Journal of International Law, 1986
Although it cannot be said that there is a "Nordic" seat in the Committee, it should be noted tha... more Although it cannot be said that there is a "Nordic" seat in the Committee, it should be noted that the initial composition of the Committee included two Nordic members, Professor Ole Espersen (Denmark) of the University of Copenhagen and Professor Torkel Opsahl (Norway) of the Institute of Public Law of the University of Oslo. Professor Espersen retired in 1978 and later became a Cabinet Minister in * Mr. de Zayas (USA) and Mr. Mdller (Iceland) are human rights officers with the United Centre for Human Rights in Geneva. This article draws on material published in the annual reports of the Human Rights Committee. Further thoughts expressed and observations made are those of the authors in their purely peronal capacities.
Nordic Journal of International Law, 2014
An International Criminal Courtl
Nordic Journal of International Law, 1992
Droits de l’homme et détention pour une durée illimitée
Revue Internationale De La Croix-rouge, 2005
A Terrible Revenge: The Ethnic Cleansing of the East European Germans
1. Criteria for Admissibility under the Optional Protocol 9 a) The Standing of the Author 9 b) Th... more 1. Criteria for Admissibility under the Optional Protocol 9 a) The Standing of the Author 9 b) The Victim 10 c) Date of Entry into Force of the Covenant and the Optional Protocol 11 d) Individuals Subject to a State Party's Jurisdiction 12 e) Preclusion under Article 5 (2) (a) of the Optional Protocol 13 f) Reservations by Stales Parties 15 g) Exhaustion of Domestic Remedies 16 h) Incompatibility 17 i) Substantiation of Allegations 18 j) Abuse of the Right of Submission 18 k) Competence of the Committee vis-a-vis National Law and Decisions 19
国際人権「自由権」規約入門 : 「市民的及び政治的権利に関する国際規約」の選択議定書の下における適用
１章 序言（許容性及び本案に関する手続き；証拠及び立証責任；個別意見 ほか） ２章 委員会が審議する問題（選択議定書における許容性の基準；自由権規約における実体的問題；規約上の義務の免脱）
The Illegality of Population Transfers and the Application of Emerging International Norms in the Palestinian Context
The Palestine Yearbook of International Law Online, 1990
United Nations Relief and Rehabilitation Activities
International Organizations in General Universal International Organizations and Cooperation, 1983
This chapter focuses on the United Nations Relief and Rehabilitation Activities (UNRRA). The acti... more This chapter focuses on the United Nations Relief and Rehabilitation Activities (UNRRA). The activities of the United Nations in the fields of relief and rehabilitation frequently originate with, and are commissioned by, resolutions of the United Nations General Assembly, and constitute a special concern of the United Nations Economic and Social Council. Vast relief programs have been initiated and implemented by various organs such as the United Nations Relief and Rehabilitation Administration by temporary United Nations Specialized Agencies such as the International Refugee Organization, by permanent Specialized Agencies such as the Food and Agriculture Organization, and the World Health Organization. UNRRAs policy-making plenary body was the Council, which consisted of one representative from each member government or authority. It was to be convened in regular session at least twice a year, but it only met on six occasions. Policy decisions of an emergency nature between sessions of the Council were made by the Central Committee, which at first consisted of representatives of China, the Soviet Union, the United Kingdom, and the United States, with the nonvoting Director-General presiding.
The CRC in Litigation Under the ICCPR and CEDAW
Litigating the Rights of the Child, 2014
The Third Optional Protocol to the Convention on the Rights of the Child has entered into force i... more The Third Optional Protocol to the Convention on the Rights of the Child has entered into force in April 2014. Petitions concerning violations of the rights of the child were hitherto justiciable before the Human Rights Committee and the Committee on the Elimination of Discrimination against Women, both of which have produced useful jurisprudence. While these Committees will continue to have jurisdiction over such cases, it is to be expected that henceforth petitioners will turn to the Committee on the Rights of the Child as the most specialised body in the field.
International Human Rights Monitoring Mechanisms
The United Nations receives thousands of petitions concerning alleged violations of human rights ... more The United Nations receives thousands of petitions concerning alleged violations of human rights from individuals, groups and organizations. These are screened by the Secretariat of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva, which channels them into the appropriate procedures, whether treaty-or resolution-based. The Commission on Human Rights (until 2006)/Human Rights Council (since 2006), the Sub-Commission on Promotion and Protection of Human Rights/Advisory Committee (since 2007 pursuant to Resolution 5/1), and their respective working groups and Special Rapporteurs operate according to the mandates conferred upon them by ECOSOC and General Assembly Resolutions. Seven "treatybodies" have been established to monitor compliance with the seven core conventions, but only four have petitions procedures in operation: the Human Rights Committee (HRC), the Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Elimination of Discrimination Against Women (CEDAW), and the Committee against Torture (CAT). A fifth treaty-based petitions procedure has been envisaged in Article 77 of the Convention on the Rights of All Migrant Workers and Members of their Families (CMW), but this procedure has not entered into force. The treaty-bodies consider petitions and issue "Views", "Opinions", or "Decisions" of a quasi-judicial nature. Unlike the resolution-based 1503 petitions procedure (renamed "complaints procedure" pursuant to Council Resolution 5/1 in 2007) and the thematic mandates of the so-* J.D. (Harvard), Dr. phil. (Göttingen). Visiting Professor of Law at numerous universities in the United States, Canada and Europe.
Nordic Journal of International Law, 2014
In the 1990s and beyond, implementation rather than standard-setting is likely to occupy most of ... more In the 1990s and beyond, implementation rather than standard-setting is likely to occupy most of the forces of the Centre for Human Rights. As more and more States ratify or accede to UN Conventions, the Centre must anticipate the needs and structurally prepare to cope with the increased workload that will ensue from greater participation in the procedures established by treaty bodies. Indeed, if the organization strives for universality of participation in human rights instruments, it must consequently shift sufficient human resources to those areas of increased activity. Among the rapidly growing activities of the Centre are those concerning the implementation of UN conventions and resolutions, in particular through the processing of individual complaints. Four international conventions establish international complaints procedures: the Optional Protocol to the International Covenant on Civil and Political Rights (117 States parties to ICCPR, 67 to OP), the Convention on the Elimination of All Forms of Racial Discrimination (article 14), the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (article 22), and the Convention on the Protection of All Migrant Workers and Members of their Families (article 77). At present the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women are envisaging the adoption of an Optional Protocol, which would establish a further specialized complaints procedure. Over the past few years, the United Nations communications procedures under United Nations conventions and ECOSOC resolutions have proven to be among the high visibility activities of the Centre for Human Rights. At present they are experiencing explosive growth: tens of thousands of communications under ECOSOC Resolution 1503, hundreds of new cases under the Optional Protocol procedure.
Petitioning the United Nations
Universal Human Rights, 1979
Nordic Journal of International Law, 1992
Civilian Population, Protection
Use of Force · War and Neutrality Peace Treaties (A–M), 1982
This chapter focuses on the concept of protection of civilian population in the event of armed co... more This chapter focuses on the concept of protection of civilian population in the event of armed conflict. In armed conflicts since World War II, civilians have accounted for 80 per cent of war deaths. The development of improved artillery, aviation and weapons of mass destruction have led the international community to promote an extension of the application of humanitarian international law to civilians, and to formulate specific provisions to protect them. The greatest danger to the civilian population has generally emanated from indiscriminate attacks, particularly from aerial bombardment, for example, it is estimated that during World War II 635 000 German civilians perished under the blanket bombing of the Allied “Strategic Bombing Command”. Furthermore, the basic conflict between military effectiveness and the protection of civilians has been rendered even more acute by guerrilla warfare, in which the line between combatants and non-combatants has inevitably become blurred.
Peace As A Human Right: The Jus Cogens Prohibition Of Aggression
Making Peoples Heard
Population, Expulsion and Transfer
Digital Communications, 1985
This chapter highlights various factors related to the concepts of population, expulsion, and tra... more This chapter highlights various factors related to the concepts of population, expulsion, and transfer. Population refers to ethnic or religious groups of at least several thousand individuals, established over a long period of time in a particular area. Several population transfers pursuant to bilateral treaties with a clause on option of nationality occurred after the outbreak of World War II. Distinguished legal scholars argue that population expulsions are necessarily incompatible with modern international law, in particular with the law of human rights. In peacetime, there are numerous provisions proscribing expulsions of both nationals and aliens. Although a right to return exists in theory, this right is not being implemented in practice, as in the case of more than one million Palestinian refugees from the Arab–Israeli conflicts of 1948 and 1967.
Collective Expulsions: Norms, Jurisprudence, Remedies
Refugee Survey Quarterly, 1997
Proceedings of the Nutrition Society, 2013
The scaling up nutrition (SUN) policy framework requires extensive public–private partnership (PP... more The scaling up nutrition (SUN) policy framework requires extensive public–private partnership (PPP). Malnutrition is multi-dimensional and should engage multi-sectoral platforms. The SUN policy however did not fully embrace the dynamics of harnessing PPP. The objectives of the present paper are to highlight the reasons for the apprehension around PPP and illustrate how effective coordination of PPP in West Africa has contributed to implementing large-scale food fortification with micronutrients as a complementary nutrition intervention. The experience of Helen Keller International (HKI) in scaling up food fortification was emphasised with understanding of the factors contributing to indifference by the international community to private sector contribution to SUN. The roles of different stakeholders in a PPP are elucidated and the process linked to who, why and how to engage. The private sector provides direct nutrition services while the public sector creates the enabling environme...
Nordic Journal of International Law, 1986
Although it cannot be said that there is a "Nordic" seat in the Committee, it should be noted tha... more Although it cannot be said that there is a "Nordic" seat in the Committee, it should be noted that the initial composition of the Committee included two Nordic members, Professor Ole Espersen (Denmark) of the University of Copenhagen and Professor Torkel Opsahl (Norway) of the Institute of Public Law of the University of Oslo. Professor Espersen retired in 1978 and later became a Cabinet Minister in * Mr. de Zayas (USA) and Mr. Mdller (Iceland) are human rights officers with the United Centre for Human Rights in Geneva. This article draws on material published in the annual reports of the Human Rights Committee. Further thoughts expressed and observations made are those of the authors in their purely peronal capacities.
Nordic Journal of International Law, 2014
An International Criminal Courtl
Nordic Journal of International Law, 1992