What Happened To Human Rights During Armed Conflict, Immression, War And Terrorism?
The state would always consider their culture, norms, state religion, ideology and economic system before giving the people such rights that are mentioned under the universal declaration of human rights. UDHR is not a jus cogens because the human rights may be implemented depending on circumstance. Based from my sources human rights is the law governing in times of peace. Jus cogens regarding what circumstances it should not be violated. What happened to human rights during armed conflict, aggression, war and terrorism?
Based from Michaelsen (2005) human rights must be derogated in order to prevent terrorist or demonstrator of war. During the times of armed conflict, war and terrorism human rights have no teeth. It is a situation where human …show more content…
When it comes to war the jus in bello must prevail or the humanitarian law. The UDHR only supplements the circumstance. Comparing to jus cogens , jus cogens is a level of law which will not be derogated in times of war or peace relating to international declaration of human rights it is clear that UDHR is not a jus conges because it is derogated via circumstance of armed conflict or terrorism. Going back to terrorism, the derogation of human rights via terrorism is new. It started in the bombing of the twin towers of America and constitute a lot of destruction because of that the United States derogate the human rights and wage war against terrorism. The war against terrorism is the new application of derogation of human rights in order to pay those …show more content…
The government has three powers that would regulate or affect the human rights of the Filipino people. First is the power of eminent domain which the government can get your property for the help of the general welfare. In this kind of power the people are given just compensation for the property. Second is police power. It is more likely an eminent domain but it differ from application, the government protects the security of the people which the property is remove from yours in order safety. There is no just compensation given. Last is the power on taxation. All citizen and alien in the state must pay taxes to the government for protection and service and no one can question them. It is clear that here in our context Universal Declaration of human rights is not a jus
Based from Michaelsen (2005) human rights must be derogated in order to prevent terrorist or demonstrator of war. During the times of armed conflict, war and terrorism human rights have no teeth. It is a situation where human …show more content…
When it comes to war the jus in bello must prevail or the humanitarian law. The UDHR only supplements the circumstance. Comparing to jus cogens , jus cogens is a level of law which will not be derogated in times of war or peace relating to international declaration of human rights it is clear that UDHR is not a jus conges because it is derogated via circumstance of armed conflict or terrorism. Going back to terrorism, the derogation of human rights via terrorism is new. It started in the bombing of the twin towers of America and constitute a lot of destruction because of that the United States derogate the human rights and wage war against terrorism. The war against terrorism is the new application of derogation of human rights in order to pay those …show more content…
The government has three powers that would regulate or affect the human rights of the Filipino people. First is the power of eminent domain which the government can get your property for the help of the general welfare. In this kind of power the people are given just compensation for the property. Second is police power. It is more likely an eminent domain but it differ from application, the government protects the security of the people which the property is remove from yours in order safety. There is no just compensation given. Last is the power on taxation. All citizen and alien in the state must pay taxes to the government for protection and service and no one can question them. It is clear that here in our context Universal Declaration of human rights is not a jus