تعهدات سلبي دولت ها براي حمايت از حقوق بنيادين بشر

NEGATIVE OBLIGATIONS OF STATES TO PROTECTION OF FUNDAMENTAL HUMAN RIGHTS

When a violation of international law occurs, there are consequences for the government that has committed it. There is compelling evidence that both conventional and general international law requires that a state where breach of fundamental human rights has been committed is required to investigation the matter and bring the perpetrators to justice. At the same time, where a person is threatend with expulsion or extradition to a country where there is a certain risk that the person will be arbitrarily executed or tortured, there is an obligation on the custodial state not to send the person to the latter country. Moreover, the government is prohilibited from granting to those involved of blanket immunity from prosecution or amnesty, a notion manifestly aimed at the practice of some countries of granting amnesties to state personnel as a means of achieving a transition from military to civilian rule. Each of the two obligations will be discussed in the presen article.