Abstract

No abstract

Nepal promulgated the New Constitution with signatures of 90 percent of the Constituent Assembly (CA)II members on

Human security and human rights are universal phenomena, poor to rich and individual to all people in the universe. Human security and human rights are harmonious to inharmonious natures. Human security is state to people-centered notion, whereas human rights are human-centered more. Security and rights advocate individual freedom from fear, freedom from want, freedom to live in dignity, freedom to take action on one's own behalf, freedom to inherit peace, and freedom to protect nature (environment). Human security is a derogation of certain human rights belonging to civil, political, economic, social, and cultural rights. Human security underscores as inherent, inalienable, interdependent, multidimensional, and nonderogatory rights and freedoms whereas human rights are the core of them. Human security is exclusion of slavery, apartheid, injustice, inequality, indignity, insecurity, and inhibition similar to human rights. Human security puts security agenda at the top that strengthens humanitarian laws and their actions, respect human rights, disarm armed group, prevent or transform conflict, and defense citizen. Whereas human rights leave a significant impact for protection, promotion, and fulfillment of humanitarian action and such action realizes rights translating into practices, building up institutional capacity for its implementation. Human rights are guided by international treaties, legal instruments, and humanitarian laws whereas human security does not have any such definite parameters. Human security is a neologism, but integrated concept, however human rights have been a long history. Security protects human's basic needs and capabilities, whereas rights act to respect or preserve them. Security assists to reduce differences of rights implementation while State suppresses some rights in the name to maintain law and order. Human security tries to ensure safety to all including asylum seekers, whereas rights demand to implement international and national legal measures. There is a contesting (many cases) and reciprocate (some cases) relationship between human security and rights to advocate its spirit: survival, liberty, life, and dignity of person. Human security has three generations: Civil-Political Rights, SocioEconomic Rights, and Collective Rights similar to human rights. Human security follows four additional generations: Right to Peace, Right to Dignity, Right to Sovereignty, and Right to Shared Responsibility.

This critique is a review of heinous crimes. It assesses to connect with perpetrators, victims, people and institutions and change professed through the works of the Tribunals and The Hague Court and share the feeling with the concerned ones. The objectives of the paper are three-fold: (1) to study the situations of the investigation, prosecution and punishment on accountability; (2) to analyze the preference for justice: victors’ justice or victims’ justice; and (3) to access the critiques on violations of human rights and humanitarian law beyond the borders. Experiences on Transitional Justice, Human Security, and Human Rights among others feel touched, inspired and motivated to the author for this pioneer paper. This state-of-the-art paper is examined based on archival research, exchanging and sharing way forward with over 100 international publications and lessons-learned centric theoretical approach comprising snow-ball techniques. The study theorizes: (1) Retributive Justice Theory: Punishment is justified as perpetrator deserves for penalty, equivalent vengeance; (2) Utilitarian Justice Theory: Punishment is justified to mid-and-junior level perpetrators scooting-free to the top-most policymakers including Emperor Hirohito. Allied powers believed that Hirohito can only fight against the communism; (3) Denunciation Justice Theory: Punishment is justified by pressure of society that sends a clear message: offence is a heinous crime and sentencing a perpetrator is logically just; (4) Restorative Justice Theory: Punishment is justified as crimes of perpetrators hurt everyone and justice repairs the damage satisfying through accountability, reparation, rehabilitation and reconciliation; and (5) Transnational Justice Theory: Punishment is justified to operate outside a nation territory that penalizes the perpetrators as a crime of international concern. The Nuremberg and Tokyo Tribunals had virtually been victor’s justice with self-righteous fraud and lynching bodies. The Tokyo Tribunal never talks about bombings at Chinese cities. The U.S. and its axis powers discourage future aggressions accepting victor’s justice. The UN failed to restore peace and security. Cronyism was/is widespread. All Tribunals seemed pseudo justice bodies. People criticize these for being one-sided, inefficient, ineffectiveness, politicized, lengthy, very costly and unfair bodies. The U.S. and its satellite nations control both Tribunals and The Hague Court providing funds, instruments and staff. The Hague Court is a highly debated body with many flaws, targeting mostly poor and opponent African countries. Most grave crimes committed go unpunished. Thus, justice delivery appears as a sword in a judge's toupee. If The Hague Court is continuously influenced by powerful non-signatories of Statute, the relevance of its functions are hopeless. Justice becomes elusive for the innocent, weak and poor ones.