47 Krzysztof Drzewicki, "Internationalization of Human Rights and Their Juridization" in Raija Hanski and
Markku Suksi (Eds.), Second Revised Edition, An Introduction to the International Protection of Human
Rights: A Textbook (1999), p. 31.
48 Union des Jeunes Avocats /Chad. [sic]
49 91 ECHR (1985) (Ser. A) at 32.
50 Plattform 'Ärzte für das Leben' v. Austria, (21 June 1988), Publications of the European Court of Human
Rights, Series A, vol. 139, para. 34: "...while it is the duty of the Contracting States to take reasonable and
appropriate measures to enable lawful demonstrations to proceed peacefully, they cannot guarantee this
absolutely and they have a wide discretion in the choice of the means to be used".
51 Case Concerning United States Diplomatic and Consular Staff in Tehran (US v. Iran), Judgment, ICJ
Reports 1980.
52 Brian Smith, State Responsibility and the Marine Environment; The Rules of Decision, Oxford University
Press, 1988, at 32.
53 Sornarajah, "Linking State Responsibility for Certain Harms Cause by Corporate Nationals Abroad to
Civil Recourse in the Legal Systems of Home States", and Theodore Meron, Human Rights and
Humanitarian Norms as Customary Law, Clarendon Press, 1989, at 159
54 Commission on Human Rights, Fifty-second session, February 1996, Report of the Special Rapporteur
on violence against women, its causes and consequences, "FURTHER PROMOTION AND
ENCOURAGEMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, INCLUDING THE
QUESTION OF THE PROGRAMME AND METHODS OF WORK OF THE COMMISSION ALTERNATIVE
APPROACHES AND WAYS AND MEANS WITHIN THE UNITED NATIONS SYSTEM FOR IMPROVING
THE EFFECTIVE ENJOYMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS", submitted in
accordance with Commission on Human Rights Resolution 1995/85.
55 Ibid.
56 E, Klein, "The Duty to Protect and to Ensure Human Rights Under the International Covenant on Civil
and Political Rights", in Eckart Klein (ed.), The Duty to Protect and to Ensure Human Rights (Colloquium,
Potsdam, 1-3 July 1999), 2000.
57 Jerome Shestack, " The Jurisprudence of Human Rights", in Theodore Meron (ed), Human Rights in
International Law: Legal and Policy Issues, 1984, p. 101.
58 Legal Resources Foundation/Zambia.
59 Ibid.
60 See The Human Rights Committee General Comment No. 18.
61 118 U.S.356 (1886).
62 UN General Assembly resolution 53/144.
63 See Article 1
× 1. For the purposes of this Convention, the term "torture" means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining
from him or a third person information or a confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a public official or other person acting in an official capacity. It
does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation which does or may
contain provisions of wider application.
of the Conventions Against Torture and other Cruel, Inhuman and Degrading Treatment, 1984.
64 Recommended by Economic and Social Council Resolution 1989/65 of 24 May 1989.
65 U.N. Doc. G/ST/CS DHA/12 (1991).
66 Fact Sheet No.11 (Rev.1), Extrajudicial, Summary or Arbitrary Executions
67 UN General Assembly Resolution 53/144.
68 Wang v People's Republic of China, regarding the continuing detention of Dr. Wang Bingzhang, and the
past detentions of Yue Wu, and Zhang Qi. The so-called "Democracy Three" were kidnapped on the
Vietnamese border and taken by force into China, where they were subsequently detained by the
government.
69 International PEN and Others on behalf of Ken Saro-Wiwa Jr./Nigeria, October 1998
36