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soldiers. The authors, in chapter three, illustrate evolution of interna-tional protection for children in armed conflict.

Chapter four emphasizes on ratification and implementation of trea-ties. The authors focus on Covenant on Economic, Social and CulturalRights which complements the Covenant on Civil and Political Rightswhich is discussed in chapter five. Firstly, the authors examine the na-ture and content of economic, social and cultural rights and the issue oftheir justiciability. Afterwards, they describe the implementation of theserights at the international level and the role of the Committee on Eco-nomic, Social and Cultural Rights. In addition, they also summarize theprocess by which States accept treaty obligations and analyze the highlycontested question of permissible reservations to human rights treaties.

Once a government has ratified a human rights treaty, it must com-ply with treaty norms and procedures of implementation. Thus, in Chap-ter five the authors elaborate on State reporting under International Hu-man Rights treaties. This chapter focuses to the reporting obligationsand procedures under the Covenant on Civil and Political Rights. Theauthors begin with a discussion of the Civil and political Covenant Pro-cedures and then examine it in relation to Iran. This chapter also intro-duced technique for implementing human rights obligation, where indi-vidual complaints against a government.

Chapter six explains UN charter-based mechanism which availablefor human rights violations. This chapter deals with the UN procedureson handling gross human rights violations throughout the world basedon the authority of UN Charter. The author focuses on the work of theUN Commission on Human Rights which derives its original authorityfrom article 68 of the UN Charter and resolutions 1235 and 1503 ofEconomic and Social Council (ECOSOC). Further, this chapter also dealswith thematic procedures which concentrate on violations occurring andtake a subject-oriented approach. The author relates the UN proceduresto human rights condition in Burma.

Chapter seven, eight and nine look at the ways the UN SecurityCouncil and General Assembly have handled human rights cases throughhumanitarian intervention and humanitarian law; criminal sanctions, civilremedies, and advisory services; and on-site observation.

In chapter seven, the author first examines the role of UN Security

Book Review

International human rights law is one of theimportant legal issues which have enormous de-velopment. The process of the first human rightsmovement was begin in 1945 in the United Na-tions Charter (hereinafter UN Charter) then con-tinued to 1948 by the Universal Declaration ofHuman Rights. Afterwards, international law ac-knowledged treaties, rules and regulations to pro-tect human rights. The authors opined lawyersand others who practice in the area of civil rightsand civil liberties need training on how to invokethe broader protections and profit from interna-

tional insights along with the improved human rights law.

This book provides an introduction to international human rights law,policy and process. This book is the third edition published in year 2001which reflects significant development of human rights law that have oc-curred since its first publication in 1990 and its second edition in 1996.This book divides into 17 chapters.

Chapter one begins with the introduction to International HumanRights. In this chapter, the authors explain brief historical introductionstarts from the early development of human rights. Moreover, the authoralso explains the position of human rights in international law. In thischapter, the authors point out to the primary importance of treaties in codi-fying international human rights law.

Chapter two provides exercise in drafting human rights treaties mean-while chapter three gives example of human rights treaty-making on child

Reviewer: Fika Yulialdina Hakim.,SH.,LL.MNumber of page: 1150 pagesLanguage: EnglishAuthor: David Weissbrodt, Joan Fitzpatrick, Frank NewmanPublisher: Anderson Publishing Co

International Human Rights

Law, Policy and Process

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Council and General Assembly in authorizing armed and other collectiveintervention to protect human rights then looks at regional multilateraland unilateral humanitarian intervention.

National and international measures that can be taken to react to hu-man rights violations is examines within chapter eight. The author pre-sents some issues that confront governments seeking to address violationscommitted by past governments often after a democratic transition. Theoptions included in this book are include establishing a truth and recon-ciliation commission to investigate human rights violations, prosecutingindividuals accused human rights violations, and administering a systemto help redress victims. Then, this chapter is proceeds to focus on benefitsand disadvantages of establishing an international criminal court to pros-ecute human rights violators. Lastly in this chapter, the author discussesthe growing practice of national courts exercising universal jurisdictionover serious human rights abuses committed in other countries.

Chapter eight focuses on methods of fact-finding by intergovernmen-tal and non-governmental organizations concerning situations in particu-lar countries. Human rights fact-finding are includes : long terms opera-tions to monitor situations in various countries as well as individual caseswhen they arise, short-term visit for the purpose of gathering informationon a specific event, information gathering without on-site visit and adju-dicative proceedings.

Further, chapter ten explains the way of individual governments caninfluence human rights practices of other countries while gross violationsare occurring. How governments have used bilateral relations with othergovernments to affect human rights. In this chapter, the author focusesparticularly on the United States as an example. The most important things,the authors raises issues how a government balance the objective of hu-man rights compared to security and economic interest in developing itsforeign policy. In addition, the role of Congress in setting standards forassistance, and also various methods used by members of Congress andother US officials to help promote and protect human rights in other coun-tries.

As UN is not the only international organization which promulgateshuman rights instrument, the authors in chapter eleven elucidates the In-ter-American System and the interpretation and application of human rights

Jurnal Hukum Internasional

instruments and also other regional mechanism for protecting human rights.The authors explain process brought to Inter-American Commission onHuman Rights by individuals. This chapter begins with the introductionto international and U.S law which relates to the petition, and then theauthors describe the procedures and functions of the Commission. After-wards, the authors examine if the American Declaration on the Rights andDuties if Man binds the US and reviews the Commission’s previous deci-sion on indigenous rights. The authors ended chapter eleven by the dis-cussion on Inter-American Court of Human Rights.

The authors in chapter twelve describes the system adopted in theEuropean countries. In this chapter they examine the instrument and pro-cedures of the European human rights system and their relevance to theUnited States. The authors opined the European human rights system ismore developed than any other regional human rights systems, has cre-ated a more extensive jurisprudence than any other regional system thusgives more protection to individuals than in the US courts.

Chapter thirteen considers the domestic remedies for violations oc-curring within the United States. The authors in this chapter discuss re-lated issue of how international law may be applied in both federal andstate courts to influence the enforcement of international human rightsnorms in the United States. Thus the authors explain on enforcing domes-tic compliance with international human rights law. Meanwhile, the au-thor explains United States adjudicative remedies for violations occurringoutside the United States in chapter fourteen. The authors explore USjurisdiction in suits by US citizens and aliens against perpetrators of hu-man rights abuse. They raise the issue in the context of a suit filed inCalifornia federal court by a young Sudanese woman.

Chapter fifteen examines the use of refugee and asylum law to protecthuman rights and as jurisprudential sources of human rights law and cul-tural relativism. There are three solutions for refugees; repatriation to thecountry of origin, settlement in the country of first asylum, or resettlementin a third country. The authors focus on persons who seek refuge in theUnited States and discuss applicable law. The problem arisen in this chap-ter involves Ghanaian woman seeking relief from her own and herdaughter’s removal from the United States and issues concerning persecu-tion by non-state actors and the treatment of gender-based violence in in-ternational law.

Book Review

659Volume 6 Nomor 3 April 2010658 Volume 6 Nomor 3 April 2010

International Law-in News

Principle & Practice of Universal Jurisdiction:PCHR’s Work in OPT

http://english.wafa.ps/?action=detail&id=14016

Palestinian Centre for HumanRights (PCHR) presented in its newreport, “The Principle and Practiceof Universal Jurisdiction: PCHR’sWork in the occupied Palestinianterritory”. This detailed and compre-hensive work on universal jurisdic-tion is the first one on this topic inthe Arab world.

PCHR released this report in atimely fashion, while the Interna-tional Forum entitled “Justice: NewChallenges - the Right to an Effec-tive Remedy before an IndependentTribunal” organized by FIDH inYerevan (Armenia) from 6th to 8thApril 2010 is in course.

The Director of PCHR, RajiSourani, is among the list of keypersonalities and renowned nationaland international experts invited toparticipate in the forum. The forumbrought together human rights de-fenders from the 155 FIDH mem-ber organizations throughout theworld along with judges of the Eu-

ropean Court of Human Rights, theProsecutor of the InternationalCriminal Court and Nobel PeacePrize Laureates. It is a unique op-portunity to present the work onuniversal jurisdiction PCHR is do-ing with its international partnerssince many years.

The 184 page-long PCHR re-port focuses on the history, theory,and practice of universal jurisdic-tion; a legal principle which holdsthat international crimes are of suchseriousness that they affect the in-ternational community as a whole.As such, national courts – acting asagents of the international commu-nity – are granted jurisdiction: theymay investigate, try and prosecutethose suspected of committing inter-national crimes.

In an attempt to shield suspectedwar criminals from justice, Israel hasconsistently proved itself unwillingto conduct genuine investigationsand prosecutions. Not once in the 42

The authors introduced new field of human rights law in chapter six-teen that is, international labor law. In this chapter, the authors elaboratethe role of the International Labor Organization in protecting labor rightsparticularly in stopping child labor.

Chapter seventeen particularly focuses on political science and othersocial science perspective on human rights. Therefore, this book was notonly written for law students but also has been used in political scienceand international relations students. This final section offers a theory ofhow norms emerge, evolve in the international community and help toprevent violations. The authors also included an analysis of the variousactors and mechanisms that characterize that process.

Jurnal Hukum Internasional