I. Introduction: How this Manual works
1. This manual is designed to form the basis for training for judges and
prosecutors in Palestine. It describes the international law framework for
protecting and promoting human rights in the administration of justice, both
at the United Nations and at the regional level. It outlines first some
fundamental principles on which international human rights law is based,
including the requirements of legality, rule of law, and effective remedy and
the prohibition on retrospective criminal laws as well as the position of
international law in domestic law and specifically in Palestinian law. Specific
issues are then considered. These are human rights in states of emergency
and limitations on rights, negative and positive obligations, equality and nondiscrimination, as well as extra-territorial application and non-State actors.
2. The manual then goes on to consider the rights relevant to the
administration of justice. It draws on international and regional human rights
treaties, in particular the ICCPR to examine the right to life, protection from
torture and inhuman and degrading treatment and punishment, the right to
liberty and detention conditions, and fair trial. Reference is also made to the
rights to privacy, freedom of expression and assembly and freedom of
religion where it relates to administration of justice.
Sources of Human Rights within the Manual
3. The human rights standards at the core of this manual and training
programme are those derived from the international human rights
mechanisms at the UN as well as those at the regional level. It draws upon
the treaties in Africa, the Americas and Europe as well as the provisions of
the Arab Charter, and other sources of international human rights law.
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