u could mention many things for this question, as you said, yes u can mention domestic and international legal instruments. u could mainly get the information from the previous topic of human rights. since international crime is considered to be a violation of human rights. here some info. remember u r asked to assess the effectiveness. so u have to make a some sort of judgment.
International Protection: Enforcement
There are 2 types of international bodies:
1. Charter – based bodies:
2. Treaty – based bodies: These are international organs which gain their power to deal with human rights from various human rights treaties
Charter – based bodies
This includes the General Assembly, Economic and social council, Trusteeship Council, Security Council, International Court of Justice and Secretariat. These bodies draw on human rights provisions in the United Nations Charter to help protect human rights. But the main charter based organ is the Commission of Human Rights.
The Commission of Human Rights
This was established by the Economic and Social Council and has wide powers to deal with any matter relating to human rights. The Commission makes studies, prepares recommendations and drafts international treaties and resolutions relating to human rights. It also investigates human right violations
The High Commissioner for Human Rights
This role was created in 1994 to promote and protect human rights. The High Commissioner has a more active role than the Commission and has established a presence in trouble spots such as Rwanda and more recently East Timor.
Treaty Based Bodies
There are 6 main bodies established by human rights treaties to monitor international compliance with those treaties: These bodies are:
1. Human Rights Committee
2. Committee on Economic, Social and Cultural Rights
3. Committee on the Elimination of Racial Discrimination
4. Committee Against Torture
5. Committee on the Elimination of Discrimination Against Women
6. Committee on the Rights of the Child
Criminal Tribunals
Criminal Tribunals have been established at recent times by the Security Council for the trial of people responsible for war crimes
Non – Government organisations
Non Government Organisations that help protect human rights include Amnesty International and the World Council of Churches. NGOs have an important role in the protection of human rights. NGOs can and do provide independent information to the treaty monitoring committees. NGOs also have the role of publicizing and raising awareness about human rights issues and abuses.
Effectiveness of the International Response to Human Rights
• Not all countries are party to human rights treaties
• Lack of enforcement mechanisms: Even if a nation has agreed to a treaty, it may not have agreed with the enforcement mechanisms of the treaty. Many states have been slow to report to committees even when they have agreed to do so
• Problems with enforcement mechanisms: Countries reporting to the UN about their own domestic human rights records is open to bias
• Non legal measures: NGOs role in reporting human rights violations to international organisations has been informal. A more formalized recognition of NGOs in this area is needed for their impact to be fully effective.
Effectiveness of Australia’s Protection of Human Rights
• The role of Human Rights, Equal Opportunity Commission (HREOC) has been criticised because it does not have sufficient power or resources to adequately protect human rights. HREOC has made recommendations to government about human rights issues but has frequently been ignored.
• More legislation is needed: It has been argued that international human rights treaties need to become part of Australian statute law. The Commonwealth has the power to pass such legislation but it has been unwilling to interfere in what are often regarded as state matters
• Non legal measures: The media in Australia often gives groups wide publicity and knowledge about human rights which is generally widespread.
