The International Criminal Court (ICC)

The International Criminal Court (ICC)

The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: 

• Genocide
• War crimes 
• Crimes against humanity.

The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.

It seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.

Key features

1. Trials are fair: ICC judges conduct judicial proceedings and ensure the fairness of proceedings. 

2. The Prosecution is independent: The Office of the Prosecutor is an independent organ of the Court. The Prosecutor conducts preliminary examinations, investigations and is the only one who can bring cases before the Court.

3. Defendants' rights are upheld: Defendants are entitled to public, fair proceedings that they can follow in a language they fully understand. Defendants are presumed innocent until proven guilty after a trial. The Rome Statute grabts the defendant the right:

• To be informed of the charges, 
• To have time and facilities to prepare their defence and 
• To be tried without undue delay, 
• To freely choose a lawyer, 
• To examine witnesses and present evidence,
• Not to be compelled to testify or to confess guilt, 
• To remain silent, 
• To receive from the Prosecutor evidence which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, 
• To be able to follow the proceedings in a language he or she fully understands, and therefore to have an interpreter and translations as required.

The International Criminal Court (ICC)

Facts and Figures:

Today the Court has:

1. Over 800 staff members: From approximately 100 States.
2. 6 official languages: English, French, Arabic, Chinese, Russian and Spanish.
3. 6 field offices: Kinshasa and Bunia (Democratic Republic of the Congo, "DRC"); Kampala (Uganda); Bangui (Central African Republic, "CAR"); Nairobi (Kenya), Abidjan (Côte d'Ivoire).
4. 2 working languages: English and French.
5. Headquarters: The Hague, the Netherlands.
6. 2016 budget: €139.5 million.

Founding treaty: The Rome Statute

The creation of the Rome Statute in 1998 was in itself a historic event, marking a milestone in humankind's efforts towards a more just world.

The Rome Statute then took effect in 2002, upon ratification by 60 States. In addition to founding the Court and defining the crimes of genocide, war crimes, crimes against humanity, and – as of amendments made in 2010 – the crime of aggression (for these amendments to enter into force, they must be ratified by at least 30 States and then voted upon by States Parties in 2017), the Rome Statute also sets new standards for victims' representation in the Courtroom, and ensures fair trials and the rights of the defence. The Court seeks global cooperation to protect all people from the crimes codified in the Rome Statute. 

Today the treaty serves as the ICC's guiding legal instrument, which is elaborated in such other legal texts as the Elements of Crimes, Rules of Procedure and Evidence and more.

The crimes

The Court's founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main crimes.

1. Genocide: the crime of genocide is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means: causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.
2. Crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.
3. War crimes which are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes. 
4. Crime of aggression: It is the use of armed force by a State against the sovereignty, integrity or independence of another State. The definition of this crime was adopted through amending the Rome Statute at the first Review Conference of the Statute in Kampala, Uganda, in 2010. For these amendments to enter into force, they must be ratified by at least 30 States and then voted upon by States Parties in 2017.

Ten key facts about the legal process

Further to the Key Features listed above, here are some of the basics you may want to know:

1. The ICC does not prosecute those under the age of 18 when a crime was committed.
2. Before the Prosecutor can investigate, she must conduct a preliminary examination considering such matters as sufficient evidence, jurisdiction, gravity, complementarity, and the interests of justice.
3. When investigating, the Prosecutor must collect and disclose both incriminating and exonerating evidence.
4. The defendant is considered innocent until proven guilty. The burden of proof lies with the Prosecutor.
5. During all stages of proceedings (Pre-Trial, Trial and Appeals), the defendant has the right to information in a language he or she fully understands, thus the ICC proceedings are conducted in multiple languages, with teams of interpreters and translators at work.
6. Pre-Trial judges issue warrants of arrest and ensure there is enough evidence before a case can go to trial.
7. Before a case is committed to trial (during the Pre-Trial phase), the defendant is referred to as a suspect. Once the case is committed to trial, since at that point the charges have been confirmed, the defendant is referred to as the accused.
8. Trial judges hear the evidence from the Prosecutor, Defence, and the Victims’ lawyers, render a verdict, and if a person is found guilty, the sentence and decision on reparations.
9. Appeals judges render decisions on appeals from the Prosecutor or Defence.
10. If a case is closed without a verdict of guilt, it can be reopened if the Prosecutor presents new evidence.

Two State Solution for the Palestine-Israel Conflict

It seem Israel and Palestine conflict will never get resolved. Thousands of innocent people have been killed on both the sides in last 6 - 7 decades. Israel is militarily far superior and has backing of most of the western nations, especially the USA. Palestine lacks superior military hardware and it's economy is very weak. Palestine is supported by the Arab countries but merely in words [and that too always politically correct due to fear of the western powers]. The modern state of Israel came to existence on 18 May 1948. It is an artificial creation of winning powers of the world war 2, especially the United Kingdom. The genocide of the Jews by the Nazi Germany was one of the most horrendous crime. Before the creation of the State of Israel the Jews were a stateless nation. They were discriminated in all the countries. The Jews needed a permanent home of their own. The land of Israel is claimed to be their historical home. That's why a large number of the Jews wanted to settle in the land of Israel [Palestine]. But the Palestinian people call it an illegal state. They say Israel has no right to exist on Palestinian land. According to them the Zionists have occupied their land.

The winning powers of the world war 2 wanted to keep the West Asia under their control perpetual control. The defeated and divided the Ottoman empire in the first world war. Most of the countries of this region are an artificial creation of the Allies. The Holy Land, Petroleum, Suez Canal, Strategic location of these countries at the centre of the world, desire to control the Muslim world, etc are the main reasons for their interest in this region. Israel is their key to this region, a foothold from where they can keep whole of of West Asia under their dominance. And Palestine is the symbolic protest of the Arab countries against the continued hold of the western powers. Some may call it the clash of the civilizations, some may call it petro-politics, same may call it geo-politics, but it is only a mindless stubbornness in which innocent including children, hapless women, old and destitute are being  killed. People on both the sides want to live in peace but due to the  politicians and foreign powers they are living a life of fear. Rockets and bombs are destroying schools, hospitals, homes on both the sides. There is a continuous cycle of attack and counter attack, allegations and counter-allegations. 

The innocent people are paying the price for the stubbornness of their political masters. Both the countries have a right to exist. The Zionist state could have been set up in the empty land of Canada, Falklands, Australia, Siberia etc. But since majority of the Zionist people wanted to settle in their Holy  Land and most of them had already arrived there, the state of Israel was created  here only. But the total size of the land is very small, making it very difficult to defend. Israel is surrounded by hostile Arab countries. Between 1945-1995 about 74000 military personnel and 18000 civilians have lost their life in Arab-Israel conflict. Their is complete deadlock. Occasionally their are talks of resolving the issue through peaceful means but due to deep rooted mistrusted such talks soon break down. 

It is in the interest of both the nations to accept each other's right to exist. What has already happened cannot be undo. Neither Britain and America [or any other western power] is a well-wisher of the Israeli people nor the fellow Arab countries are genuinely interested in the welfare of the Palestinian  people. If it would have not been so then the western powers would have had granted land for the Zionist people in a conflict free area as mentioned above. It is true that the Arab countries have supported the Palestinian resistance movement but they had their own national interest behind such actions [read war]. The USA has given continued support to the Zionist state but not because it wants so but because of the powerful Zionist lobby. 

Israel Palestine Peace- Two state solution

There are two possible solutions. Two state or a secular federal state. The Zionist state and the Palestinian state can co-exist. There should be two separate states, each honoring other's right to exist. However at present the Palestinian state is divided in enclaves. Israel has very little land. Creating two states in such a tiny piece of land is nonviable. So their is an option of a secular federal democratic republic where both the communities will have equal share of power. However this one is quite difficult to achieve as both of them have different socio-religious beliefs and differing opinions on many matters. It will be very difficult to run such a country. There will be continuous mistrust on both the sides. 

If the two state solution is implemented then it has to be guaranteed by both the states they will honor each other's sovereignty and will not let their respective land to be used against the other. Major regional powers like Iran, Turkey, Egypt, Saudi Arabia and the USA, the UK,the EU,Russia, China,India, etc should also be involved in this process. Israel-Palestine peace is important for peace in the West Asia. It is necessary for upholding human rights of innocent people. It is important for world peace. Two state solution for the Israel-Palestine conflict seems to be the best possible solution. But it requires genuine interest and will power of the both sides to make it a possible and a success.

Asian Development Bank (ADB)

ADB was established in Dec. 1966 on the recommendation of ECAFE (Economic Commission for Asia and Far East). The aim of this Bank is to accelerate economic and social development in Asia and Pacific region. The  Bank started its functioning on January 1, 1967. The head office of the Bank is located at Manila, Philippines. It is worth mentioning here the Chairmanship of ADB is always allotted to a Japanese while its three Deputy Chairman belong to USA, Europe and Asia. At present, 63 nations are partner members of ADB.

The principle functions of ADB are:

1. To make loans and equity investments for the economic and social advancement of its developing member countries.
2. To provide technical assistance for the preparation and execution of development projects and programs and advisory services.
3. To respond to the request for assistance in coordinating development policies and plans in developing member countries.

Asian Development Bank constituted ‘Asian Development Fund’  in 1974, which provides loans to Asian countries on concessional interest rates. India started borrowing from ADB’s Ordinary Capital Resources (OCR) in 1986. 

THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO)

The International Organization for Standardization known as ISO, is an international standard-setting body composed of representatives from various national standards organizations.

Founded on 23 February 1947, the organization promotes worldwide proprietary, industrial and commercial standards. It is headquartered in Geneva, Switzerland.

It was one of the first organizations granted general consultative status with the United Nations Economic and Social Council.

ISO (International Organization for Standardization) is the world’s largest developer of voluntary International Standards. International Standards give state of the art specifications for products, services and good practice, helping to make industry more efficient and effective. Developed through global consensus, they help to break down barriers to international trade.

The organization today known as ISO began in 1926 as the International Federation of the National Standardizing Associations (ISA). It was suspended in 1942 during World War II, but after the war ISA was approached by the recently formed United Nations Standards Coordinating Committee (UNSCC) with a proposal to form a new global standards body. In October 1946, ISA and UNSCC delegates from 25 countries met in London and agreed to join forces to create the new International Organization for Standardization; the new organization officially began operations in February 1947.

ISO membership categories

ISO has 164 national members, out of the 206 total countries in the world.

ISO has three membership categories:

1. Member bodies are national bodies considered the most representative standards body in each country. These are the only members of ISO that have voting rights.
2. Correspondent members are countries that do not have their own standards organization. These members are informed about ISO’s work, but do not participate in standards promulgation.
3. Subscriber members are countries with small economies. They pay reduced membership fees, but can follow the development of standards.

ISO is a voluntary organization whose members are recognized authorities on standards, each one representing one country. Members meet annually at a General Assembly to discuss ISO’s strategic objectives. The organization is coordinated by a Central Secretariat based in Geneva.

A Council with a rotating membership of 20 member bodies provides guidance and governance, including setting the Central Secretariat’s annual budget.

The Technical Management Board is responsible for over 250 technical committees, who develop the ISO standards.

ISO has formed joint committees with the International Electrotechnical Commission (IEC) to develop standards and terminology in the areas of electrical, electronic and related technologies.

EUROPEAN UNION (EU)

The European Union (EU) is an economic and political union of 28 member states that are primarily located in Europe. The EU operates through a system of supranational independent institutions and intergovernmental negotiated decisions by the member states.  Institutions of the EU include the European Commission, the Council of the European Union, the European Council, the Court of Justice of the European Union, the European Central Bank, the Court of Auditors, and the European Parliament.

The EU traces its origins from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), formed by the Inner Six countries. The Maastricht Treaty established the European Union under its current name in 1993. The latest major amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009.

The EU has developed a single market through a standardized system of laws that apply in all member states. Within the Schengen Area, passport controls have been abolished. EU policies aim to ensure the free movement of people, goods, services, and capital, enact legislation in justice and home affairs, and maintain common policies on trade, agriculture, fisheries, and regional development.

The monetary union was established in 1999 and came into full force in 2002. It is currently composed of 18 member states that use the euro as their legal tender. The union maintains permanent diplomatic missions throughout the world and represents itself at the United Nations, the WTO, the G8, and the G-20.

The six countries signed the Treaty of Rome, which extended the earlier co-operation within the European Coal and Steel Community (ECSC) and created the European Economic Community (EEC), establishing a customs union. They also signed another treaty on the same day creating the European Atomic Energy Community (Euratom) for co-operation in developing nuclear energy.

Four countries forming the European Free Trade Association (EFTA) have partly committed to the EU’s economy and regulations: Iceland (a candidate country for EU membership), Liechtenstein and Norway, which are a part of the single market through the European Economic Area, and Switzerland, which has similar ties through bilateral treaties.

The European Union has seven institutions: the European Parliament, the Council of the European Union, the European Commission, the European Council, the European Central Bank, the Court of Justice of the European Union and the European Court of Auditors.

The EU has five key points in its energy policy: increase competition in the internal market, encourage investment and boost interconnections between electricity grids; diversify energy resources with better systems to respond to a crisis; establish a new treaty framework for energy co-operation with Russia while improving relations with energy-rich states in Central Asia and North Africa; use existing energy supplies more efficiently while increasing renewable energy commercialization; and finally increase funding for new energy technologies.

International Bank for Reconstruction and Development (IBRD)

IBRD and its associate institutions a group are known as the World Bank. The Second World War damaged economies of the most of the countries particularly of those who were directly involved in the war. The global war had completely dislocated the multilateral trade and dislocated multilateral trade and had caused massive destruction of life and property. In 1945, it was realised to concentrate on reconstructing these war affected economies in a planned way. IBRD was established in December 1945 with the IMF on the basis of recommendation of Bretton Wood Conference. This is the reason why IMF and IBRD are called ‘Bretton Wood Twins’. IBRD started functioning in June 1946. World Bank and IMF are complementary institutions.

India is a member of four constituents of the World Bank Group i.e. IBRD, IDA, IFC, and MIGA (Multilateral Investment Guarantee Agency) but not of its fifth institute ICSID (International Centre for the Settlement of Investment Disputes).

Objective of World Bank

According to the Clause I of the agreement made at he time of establishment of World Bank, it was assigned the following objectives:

1. To Provide long-run capital to member countries for economic reconstruction and development. World Bank provides capital mainly for following purposes -
   (i) To rehabilitate war ruined economies (this objective is fully achieved)
   (ii) To finance productive efforts according to peace time requirement.
   (iii) To develop resources and production facilities in underdeveloped countries.
2. To induce long-run capital investment for assuring BOP equilibrium and balanced development of international trade. (This objective was adopted to increase increase the productivity of member countries and to improve economic condition and standard of living among them).
3. To promote capital investment in member countries in following ways:
   (i) To provide guarantee on private loans and capital investment.
   (ii) If private capital is not available even after providing guarantee, then IBRD provides loans for productive activities in considered conditions.
4. To provide guarantee for loans granted to small and large units and other projects of member countries.
5. To ensure the implementation of development projects so as to bring about a smooth transference from a war-time to peace economy.

IMF Vs. World Bank

IMF and World Bank are Bretton Wood Twins. Both the institutions were established to promote international economic cooperation but a basic difference is found in the nature of economic assistance given by these two institutions. World Bank provides long term loans for balanced economic development, while IMF provides short-term loans to member countries for eliminating BOP disequilibrium. Both these institutions are complementary to each other. The eminent world economist George Schultz had suggested in American Economic Association Conference in January 1995, for the merger of IMF and World Bank.

Membership of the World Bank and Voting Right

Generally every member country of the IMF automatically becomes member of World Bank. Similarly, any country which quit IMF automatically expelled from the World Bank’s membership. But under a certain provision a country leaving the membership of IMF can continue its membership with World Bank. If 75% member of the bank gives their vote in its favour.

Any member country can be debarred from the membership of World Bank on following grounds:

1. Any member country can quit the bank simply by written notice to bank, but such country has to repay the granted loans on terms and conditions decided at the time of sanctioning the loan.
2. Any country working against the guidelines of bank can be debarred from membership by the board of governors.

Like IMF, World Bank has also two types of members: ‘founder members’ and ‘general members’ the world bank has 30 founder members who attained membership by December 31, 1945. India is also among these founder members. The countries joining the World Bank after December 13, 1945 come under the category of general members. At present total membership of the World Bank is 182. The voting right of member country is determined on the basis of member country’s share in the total capital of the bank. Each member has 240 votes plus one additional vote for each 1,00,000 shares of the capital stock held.

Capital Resources of World Bank

The initial authorized capital of World Bank was $ 10,000 million, which was divided in 1 lakh share of $ 1 lakh each. The authorized capital of the bank has been increased from time to time with the approval of member countries. On June 30, 1996 the authorized capital of the bank was $ 188 billion out of which $ 180.6  billion (96% of total authorized capital) was issued to member country in the form of shares. Member countries repay the share amount to the world bank in following ways:

1. Two percent of allotted shares are repaid in Gold, USD or SDR. 
2. Every member country is free to repay 18% of its capital share in its own currency.
3. The remaining 80% share is deposited by member country only on demand by the World Bank.

Bank is managed by an elected President. On July 1, 2007, Robert B. Zoellick became the 11th President of the World Bank. The headquarter of World Bank is at Washington DC.

IDA (established on Spetemeber 24, 1960) and IFC (established in July, 1956) are the tow main associate institutions of IBRD. These institutions work under the supervision of World Bank. MIGA is also an associate institution in the World Bank group.

Banks Lending Operations

IBRD gives loan to members in anyone or more of the following ways:

1. By granting or participating in direct loans but its own funds.
2. By granting loans out of the fund raised in the market of a member or otherwise borrowed by the bans and 
3. By guaranteeing the whole or part loans made by private investors through the investment channels.

Before a lone is made or guaranteed the bank ensure that the -

1. Project fro which the loan is asked has been carefully examined by the competenet committee as regards the merits of the proposal.
2. Borrower has reasonable prospect for the repayment of loans.
3. The loan is meant for productive purposes and 
4. Tthe loan is meant for reconstruction and development.

Functions of the World Bank

Presently, The World Bank is playing the main role of providing loans for development works to member countries, specially to under-developed countries. The World Bank provides long-term loans for various development projects of 5 to 20 years duration. The loaning system of the bank can be explained with the help of following points:

1. Bank can grant loans to a member country upto 20% of its share in paid up capital.
2. Bank also provides loan to private investors belonging to member countries on its own guarantee, but for this loan private investors have to seek prior permission from those countries where the amount will be collected. For such loans the consent of that country is also required whose currency is given in loans. For granting such guarantee, the Bank charges 1% to 2% as service charge.
3. The quantum of loans, interest rate and term and conditions are determined by the Bank itself.
4. Generally, Bank grants loan for a particular project duly submitted by the member country.
5. The debtor nation has to repay either in reserve currencies or in the currency in which the loan was sanctioned.

Besides, granting loans for reconstruction and development, World Bank also provides various technical services to the member countries. For this purpose, the Bank has established ‘The Economic Development Institute’ and a Staff College in Washington.

Appraisal of the World Bank Activities

Bank has sanctioned 75% of its total loans to developing countries of Africa, Asia and Latin America while only 25% was given to developed nations of Europe. IFC, IDA and MIGA were established as the associate institutions of the World Bank in extending financial assistance to member countries. Besides, the Bank also tried its best to coordinate the functioning of nations granting loans to underdeveloped countries. In 1958, the Bank played an important role in establishing ‘India Aid Club’ for providing specific economic assistance to India. It has now been renamed as ‘India Development Forum’. Such types of clubs and forums has also been established for other developing countries. The Bank has also established its mission in various developing countries for providing technical assistance for development project in these countries. The Bank also takes the guidance of experts of various international institutions like FAO, WHO, UNIDO, UNESCO for providing assistance for various projects related to agriculture, education and water supply.

United Nations Conference on Trade and Development (UNCTAD)

UNO declared 1960-70 as the development decade. In 1961 UNO attempted to increase the income of developing countries with the growth rate of 5% p.a. during that development decade. In July 1960 a conference of developing countries was held at Cairo which resolved to convene a world conference for this purpose. Economic and Social Council of UNO organise a World Trade and Development Conference from March 31, 1964 to July 16, 1964. A worldwide International Trade Policy was determined in this conference. Various issues related to extension of international trade of developing countries were also discussed in that conference. The conference came to be known as UNCTAD-I.

Presently, UNCTAD has become a permanent organisation for promoting international trade with its head quarter at Geneva (Switzerland), Mr. Allec Irwin is its present Chairman. Generally, UNCTAD has its session after four years. IMF has got the permanent representation in all its bodies. This is reason why IMF includes all UNCTAD proposals in its policies. UNCTAD recommendations are only suggestions and no country can be compelled to accept them.

The details of various UNCTAD are as follows:

UNCTAD I	Cairo	Mar 31 – June 16, 1964
UNCTAD II	New Delhi	Feb – March 1968
UNCTAD III	Santiago (Chile)	April – May 1972
UNCTAD IV	Nairobi (Africa)	May 1976
UNCTAD V	Manila (Philippines)	May 7 – June 2, 1979
UNCTAD VI	Belgrade (Yugoslavia)	June 6 – July 3, 1983
UNCTAD VII	Geneva (Switzerland)	1987
UNCTAD VIII	Cartegina DE Indias (Columbia)	1992
UNCTAD IX	Midrand (Africa)	April 27 – May 11, 1996
UNCTAD X	Bangkok (Thailand)	Feb 12 – Feb 19, 2000
UNCTAD XI	Sao-Paulo (Brazil)	June 13 – June 18, 2004
UNCTAD XII	Accra (Ghana)	April 20 – April 25, 2008

Objectives of UNCTAD

1. To promote international trade specially with the view to accelerating the economic development of underdeveloped countries.
2. To determine policies and principles for international trade and economic development.
3. To propose the strategy for implementing pre-approved principles and policies.
4. To assist Economic and Social Council of the UNO.
5. To provide a suitable platform for trade dialogues.

Members of UNCTAD

Though UNCTAD is functioning as a permanent agency of the UNO, but its membership is fully optional. Any country may join or quit UNCTAD. 

The functioning of UNCTAD on democratic principles every member has only one voting right. For general disputes, simple majority among present members but two third majority is needed for important issues.

Human Rights

Human Rights

• 1215 - Magna Carta, world first document to con tain Human Rights.
• 1864-1949 - Genevral Convention on Human Rights.
• 1948 - Universal Declaration of Human Rights.
• 1948 - United Nations Commission on Human Rights was set up.
• 2005 - United Nations Human Rights Commission was founded.
• Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948. UDHR urges member nations to promote a number of human, civil, economic and social rights.
• The Commission on Human Rights had drafted the International Bill of Human Rights and it was adopted by the United Nations General Assembly on 10 December 1948 as the Universal Declaration of Human Rights.
• 10 December is globally celebrated as Human Rights Day.

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UNHRC

The United Nations Human Rights Council was founded in 2005. It was founded to replace the United Nations Commission on Human Rights.

• UNHRC is a subsidiary body of the United Nations General Assembly and reports directly to it.
• UNHRC has fifty-three members out of total members of the United Nations General Assembly. Its members are elected by simple majority in a secret ballot of the United Nations General Assembly. Its Members are elected for the term of six years.
• UNHRC has its headquarter at Geneva.
• UNHRC can appoint independent experts to investigate alleged human rights abuses and to provide the council reports.
• UNHRC may request that the Security Council take action when human right violations occurs, this action may be direct action, or may involve sanctions and Security Council may also refer cases to the International Criminal Court (ICC).
• Besides UNHRC. Amnesty International and Red Cross Society also works for the protection and pro-motion of human rights internationally.

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National Human Rights Commission

• The National Human Rights Commission is a statutory body in India which came into existence through the Protection of Human Rights Act, 1993 and came into force in 1994.
• The protection of Human Rights Act, 1993 provides for setting up the National Human Rights Commission at the centre as well as one commission each at the state level.

Composition of NHRC
Chairperson - Hon’ble Justice Shri S.Rajendra Babu
Members - Hon’ble Dr. Justice Shivraj V. Patil Hon’ble Justice Y. Bhaskar Rao, Shri. R.S.Kalha, Shri. P.C. Sharma
Ex-officio-Members - Chairman, National Minorities Commission Chairman, National Commission for Women, Chairman, National Commis-sion for SCs & STs.
The National Human Rights Commission is designed to protect human rights, defined as rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International Covenant and which are enforceable by the Courts in India.
Composition

• National Human Rights Commission consists of a chairman and four members, all of them being full-time members.
• Apart from there full-time members, the commission also has its deemed members as the chairpersons of the National Commission for minorities, the National Commission for SCs and STs and the National Commission for women.
• The multi-membership is intended to rainforce the independence and impartiality of the commission of the five members including the chairperson, three are to possess high-level judicial background and the remaining must have knowledge of or practical experience in matters relating to Human Rights.
• The Chairman of NHRC must be a former Chief Justice of India.

Functioning of NHRC

• NHRC can intervene in any legal proceedings involving an allegation of violation of Human Rights.
• It can visit, with the prior approval of the State Government, any jail to study the living conditions of the inmates and make recommendations.
• It can review the safeguards provided by or under the constitution or any law for the protection of Human Rights and recommend measures for their effective implementation.
• The Commission also reviews the factors including acts of terrorism, that inhibit the enjoyment of Human Rights and recommends remedial measures.
• NHRC also undertakes and promotes research in the field of Human Rights.
• If encourages the NGOs working in the field of Human Rights.

Autonomy of the NHRC

• Appointment of its numbers for fixed tenure.
• The Chairperson and the members is of the commission are appointed by the president on the bass of recommendations of a committee comprising the Prime Minister as the Chairperson, the Speaker of the Lok Sabha, the Home Minister, the leader of the opposition in the Lok Sabha and Rajya Sabha and the Deputy Chairperson of the Rajya Sabha as members.

Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 which is popularly known as Domestic Violence Act, 2005 was enacted by the Parliament on 13th September 2005 and came into effect on 26th October 2006. It is a comprehensive Act which is primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives.
DOMESTIC VIOLENCE ACT, 2005

• The protection of women from Domestic Violence Act, 2005.
• Enacted by Parliament on 13th September, 2005.
• Come into effect on 26th October, 2006.
• It intends to provide protection to the wife or female live-in partner from violence at the hands of the husbands or male live-in partner or his relatives.
• It also extends its protection to women who are sisters, widows or mothers.
• Child abuse is also included in it.
• Harrassment by way of dowry demand is included under it as an offence.
• Act provides for the appointment of protection officers by the Government to help the victims.
• Puishment of one years maximum imprisonment and Twnety thousand rupees each or both to the offenders is mentioned
• The Domestic Violence Act, 2005 is to extend its protection to women who are sisters, widows or mothers.
• Domestic violence under the Domestic Violence Act 2005, includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economical.
• Harassment by way of unlawful dowry demands to the women or her relatives would also be covered under this act as an offence.

Main features of the Domestic Violence Act, 2005

1. Domestic Violence Act, 2005 widens the scope of the term women and also violence or abuse to them. The Act now covers women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguineous marriage or a relationship in the nature of marriage, or adoption in addition relation-ship with family members living together as a joint family are also included. Sisters, widows, mothers, single women or living with the abuser are entitled to get legal protection under this Act.
2. The Definition of Domestic Violence has been modified under this Act and it includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic and further harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
3. Right to Secure Housing is one of the most important features of the Domestic Violence Act, 2005. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court.
4. Under the Act, court can pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
5. Domestic Violence Act, 2005, provides for appointment of protection officers and NGOs to provide assistance to the woman for medical examina tion, legal aid and safe Shelter.
6. Domestic Violence Act, 2005, provides for breach of protection order or interim protection order by the respondent as a cognisable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Non-compliance or discharge of duties by the protection officer is also sought to be made an offence under the Act with similar punishment.
7. Domestic Violence Act, 2005 has covered the legal loophole in the Justice delivery system for women in India, presently, where a woman is subjected to cruelty by her husband or his relatives. It is an offence under Section 498A of the IPC. The civil law does not, however address this issue in its entirety. Therefore, it was necessary to enact a law, keeping in view the rights guaranteed under articles 14, 15 and 21 in the Constitution of India to provide for a remedy under the Civil Law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. This Act is an important step in that direction.

Right to Information Act, 2005

Right to Information Act is a revolutionary step in the direction of making the system of governance and administration transparent and accountable to the people in India.

• RTI Act, 2005, was passed by the Parliament on 15th June 2005.
• The Parliament repealed the Freedom of Information Act, 2002.
• RTI Act, 2005, came into force on October 12, 2005.
• Right to Information Act 2005, is to extend to whole of India except the State of Jammu & Kashmir.

Composition of CIC

• Central Chief Information Commissioner - Shri Satyananda Mishra.
• Central Information Commissioners - Annapurna Dixit, Shailesh Gandhi, M.L. Sharma, Mrs. Deepak Sandhu, Mrs. Sushma Singh
• Chief Information Commissioner.
• Central Information Commissioners as required, but, should not be more than 10.
• RTI, confers upon the citizens of India the legal right to seek any information regarding public work public record, documents, memos, contracts, reports, data and any other matter of public importance from the public authority within prescribed time limit through the stipulated procedure of depositing specified amount of fee and writing application to the appropriate authority.
• Public authority means any body or institution of self-government established or constituted by or under the Constitution, by any other law made by the Parliament, by any other law made by State Legislature, any body setup by the government by notification and any NGO substantially owned or financed by the government.
• The public authorities are required to appoint Public Information Officers to provide Informatioin to the people within 30 days of submission of application.
• Information on certain matters and from certain agencies are being excluded from the purview of RTI, these are as follows -

1. Information regarding ‘File notings’.
2. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the state, in relation with any foreign state.
3. Information from Securities and Intelligence agencies, infomation regarding privelege of Parliament and Legislative Assemblies, information which has been expressly forbidden to be published by any Court of Law or tribunal or the disclosure of which may constitute contempt of court.

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Central Information Commission

• Right to Information Act, 2005, provides that the Central Government is to constitute a body to be known as the Central Information Commission to exercise the powers on it and to perform the function mentioned under this Act.
• The headquarters of the CIC, is to be at Delhi and CIC may, with the previous approval of the Central Government, establish offices at other places.

Appointment
The Chief Information Commissioner and Information Commissioners are to be appointed by the President of India on the recommendation of a committee consisting of -

1. The Prime Minister, who is to be the Chairman of the Committee.
2. The leader of opposition in Lok Sabha.
3. A Union Cabinet Minister to be nominated by the Prime Minister.

Qualification, Term of Office and Condition of Service

• The Chief Information Commissioner and Information Commissioners are to be persons of eminence in public life with wide knowledge and experience in Law, Science and Technology, Social Service, Management, Journalism, Mass Media or Administration and Governance.
• The CIC and ICs should not be a Member of Parliament or Member of the Legislative of any State or UT, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
• The Chief Information Commissioner is to hold office for a term of five years or upto 65 years from the date on which he enters upon his office and is not to be eligible for reappointment.
• Every Information Commissioner is to hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and not to be eligible for reappointment as such Information Com-missioner though he could be Chief Information Commissioner.
• The CIC and ICs before entering upon their offices are to make and subscribe before the President an oath or affirmation according to the form set up in the Act.
• The Chief Information Commissioner and Information Commissioners may at any time, by writing under his hand addressed to the President, resign from his office. Besides, the Chief Information Com-missioner or an Information Commissioner may be removed in the manner specified under the Act.

 The salaries and allowances payable to and other terms and conditioins of service of –

1. The Chief Information Commissioner is to be the same as that of the Chief Election Commissioner.
2. The Information Commissioner is to be the same as that of an Election Commissioner.

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State Information Commissions

The Right to Information Act, 2005, mentions that every State Government is to constitute a body to be known as the Information Commission to exercise the powers conferred on, and to perform the functions as-signed to it under the RTI Act.
Appointment
The State Chief Information Commissioner and the State Information Commissioners are to be appointed by the Governor on the recommendation of a committee consisting of -
Composition

• The State Chief Information Commissioiner.
• The State Information Commissioners who should not be more than 10 number.
• Headquarter of State Information Commission is to be at such place in the State which the State Government may specify or the State Information Commission may with the previous approval of the State Government establish offices at other places in state

1. The Chief Minister, who shall be the chairperson of the committee.
2. The leader of Opposition in the Legislative Assembly.
3. A Cabinet Minister to be nominated by the Chief Minister.

The State Chief Information Commissioner is to supervise and manage the affairs of the State Information Commission and is to be assisted by the State Information Commissioners.
Qualification and Terms of office and Conditions of service

• The State Chief Information Commissioner and the State Information Commissioners are to be persons of eminence in public life with wide knowledge and experience in Law, Science and Technology, Social Service, Management, Journalism, Mass Media or Administration and Governance.
• The State Chief Information Commissioner or a State Information Commissioner are not to be a member of Parliament or member of State Legislative Assembly of any State or UT of hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
• The State Chief Information Commissioner and Information Commissioners are to hold office for five years or upto 65 years of age.
• The State Chief Information Commissioner and State Information Commissioner are required to take oath before the Governor of the State.
• The salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner is to be same as that of an Election Commissioner and of the State Information Commissioners same as that of the Chief Secretary to the State Government.
• The State Chief Information Commissioner or a State Information Commissioner may resign from his office by writing under his address to the Governor and can be removed from his office by the order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor has on inquiry, reported that the grounds are valid.

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Powers and Functions of the Information Commissions

• The Central Information Commission or State Information Commission are empowered to receive and inquire into a complaint from any person who could not get information from any public authority due to the reason of no appointment of PIO in that organisation.
• If the made request by any person for Information has been turned down by the public authority.
• If the information seeker could not get information within the time limit specified under RTI.
• If the demanded fee by the public authority for providing information is unreasonably high.
• If the information seeker thinks that he or she has been given incomplete, misleading or false information.

• In respect of any other matter relating to requesting or obtainng access to records under this Act.
• The Central Public Information Officer or the State Public Information Officer as the case may be is to be provided a reasonable opportunity of being heard before any penalty is imposed on him.
• Burden of proving shall be upon the Information Officers.
• No suit is to be laid against any person for anything done in good faith.
• The provision of this Act are to have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923.
• The Right to Information Act has been continously used by the active and aware member of Civil Society to expose corrupt practices in the administration and misappropriation of funds sanctioned for the execution of public welfare schemes.
• Mrs. Aruna Roy, a social activist and winner of Magsaysay Award is actively associated with the task of popularising Right to Information Act among the common people of the country.
• Arvind Kejriwal, won the Magaseysay Award for popularising Right to Information Act among the masses.