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What role does international law play in protecting human rights around the world, and how effective is it?

Zelpha Schiersch

International law plays a critical role in protecting human rights around the world, as it provides a framework within which states can fulfill their obligations to protect, promote, and respect the human rights of their citizens and other individuals within their jurisdiction. This framework includes various treaties, customary international law, an array of specialized bodies, and mechanisms established by international organizations, such as the United Nations.

Moreover, international law offers individuals and groups whose human rights have been violated a channel through which they can seek remedy, either through domestic remedies or international remedies, including recourse to international courts and tribunals. In this way, international law serves as a powerful tool that has the potential to hold states and other actors accountable for human rights abuses.

Despite its crucial role, the effectiveness of international law in protecting human rights remains a subject of debate. Some critics argue that international law is too weak to effect change, with states often flouting their obligations without suffering legal repercussions. Others contend that while international law can be effective, its success is limited by a lack of enforcement mechanisms, inconsistencies in interpretation and implementation, and gaps in the legal framework that allow for state discretion in the interpretation of human rights norms.

In light of these debates, it is worth asking what reforms could be introduced to strengthen international law's efficacy in protecting human rights. Should the United Nations play a greater role in enforcing human rights standards, for example, by creating an international court of human rights or by giving the International Court of Justice a more explicit mandate in this area? What steps can be taken to ensure that states comply with their human rights obligations, and how can the international community work to reduce these obligations'? These are the types of questions that must be confronted if we are to create a world in which human rights are respected and protected by all.