11 Matching Annotations
  1. Feb 2025
    1. TheBritish forces had physical custody and control of the applicants and had itin their power to refuse to transfer them to the custody of the IHT, even if toact in such a way would be contrary to the United Kingdom’s international-law obligations. The applicants therefore fell within the United Kingdom’sjurisdiction for the purposes of Article 1 of the Convention and the HumanRights Act 1998

      Why the UK was brought into this case. They could have denied sending the prisoners to IHT custody

      Taking the evidence as a whole, we are satisfied that substantial grounds have been shown for believing there to be a real risk of the claimants being condemned to the death penalty and executed, contrary to Protocol No. 13, if they are transferred into the custody of the IHT.

    2. In August 2004 the Iraqi National Assembly reintroduced the deathpenalty to the Iraqi Penal Code in respect of certain violent crimes,including murder and certain war crimes.

      IHT declares this is a method of handling criminals

    3. Iraqinationals, Mr Faisal Attiyah Nassar Khalaf Hussain Al-Saadoon andMr Khalef Hussain Mufdhi

      Names and nationalities of plaintiffs and defendant

      The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton.

    Annotators

  2. Jan 2025
    1. Howardargues,on a combinationof practicaland moralgrounds,againstan outrightban on practicessuch as child betrothaland widow inheritance.However,she also arguesstronglyfor nationallegislationthat permitswomen (andthefamiliesof female children)to "opt out" of traditionalpractices.

      Sometimes a traditional society houses people who will want to go against traditional norms and end up supporting the human rights practices of outside organization. "Opting out" of traditional practices in favor of universal human rights can be positive because it allows an individual to choose his or her culture.

    2. one would have to show that theunderlyingculturalvisionof humannatureor society is both morallydefen-sible and incompatiblewith the implementationof the "universal"humanrightin question

      the best way to overcome the implementation of a human right in a society is by proving that the implementation underlies cultural vision of a society and is morally defensible.

    3. we mustbe alertto cynicalmanipulationsof a dying,lost, or even mythicalculturalpast

      It should not be in the interest of Western powers to completely reduce a culture to extinction.

    4. internal judgmen

      Internal Judgment: is the practice defensible within the basic framework of that society? Is there a plausible and coherent defense of the practice?

    5. Failureto act or even speak out againstthe grossest affrontstohuman dignity overseas on the grounds of culturalrelativismwould bewidely- and I believe correctly- perceivedas moralcowardice

      Modern day societies feel the need to step in and prevent other countries from committing acts that severely violate widely recognized human rights.

    6. three hierarchicallevelsof varia-tion

      1) Substance of lists of human rights. 2) Interpretation of individual rights. 3) Form in which particular rights are implemented.