Human Dignity in International Law

Abstract

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

From Female Morality to Human Dignity: An Evolutive Interpretation of ‘Honour’ Under Article 27(2) of the Fourth Geneva Convention

“…75 This profound link between human dignity and individual rights is confirmed by Le Moli, 76 who argues that human dignity manifests itself in IHL not only as a core principle, but also as a 'mother-right', which injects considerations of humanity into the law and acts as 'the foundation and object of personal rights conferred by various provisions of IHL'. 77 68 For the development of the modern meaning of human dignity, from its first Christian connotation, through its secularisation in Kantian philosophy, to its legal expression in international law, see G Le Moli Interpreting Article 27(2) through the lens of the mother-right of human dignity implies that civilian women are not only the beneficiaries of special protection, but also the holders of an individual right to security (security right), 78 which encompasses the right not to be raped, forced into prostitution, or indecently assaulted. This scheme, which is grounded on the value of human dignity, designs an IHL-rights-based provision, in which women are not objects but subjects of protection, and which does not grant them objective standards, but subjective rights.…”

“…On the possibility of recognising the existence of certain primary rights under contemporary IHL, which is here assumed as convincing, see L Zegveld, 'Remedies for Victims of Violations of International Humanitarian Law' (2003) 85 IRRC 497; A Peters, Beyond Human Rights: The Legal Status of the Individual in International Law (CUP 2016) 195 ff, 232 ff. For the contrary view that IHL norms merely introduce standards of protection for individuals, R Provost, International Human Interpreting Article 27(2) through the lens of the mother-right of human dignity implies that civilian women are not only the beneficiaries of special protection, but also the holders of an individual right to security (security right), 78 which encompasses the right not to be raped, forced into prostitution, or indecently assaulted. This scheme, which is grounded on the value of human dignity, designs an IHL-rights-based provision, in which women are not objects but subjects of protection, and which does not grant them objective standards, but subjective rights.…”

Embed Multisectoral Governance Mechanisms in the Pandemic Instrument for One Health Action

“…Various global functions that must be improved or consolidated to strengthen pandemic governance, and that could fall within the scope of a One Health mechanism have been identified elsewhere, among those are: regulatory obligations around activities and places, integrating and sharing surveillance, bridging the science to policy interface, strengthening monitoring and investigative powers, ensuring compliance and accountability, and enabling support and capacity-building. 22 Finally, a successful One Health mechanism's features and design will embody principles of good governance such as equity, legitimacy, credibility, and transparency, both as ideals in themselves, and as means to sustained collaboration 23 and more effective policy responses.…”

The Role of Education on Human Dignity: Fostering Peace and Diminishing Violence

“…Despite the presence of such statements in official documents, the meaning of the relationship between the concept of human dignity, the fostering of peace and the mitigation of violence is complex (Christie et al 2008;Ragland 2015;Allouche et al 2020;De Vincenzo et al 2023). To understand this relationship, we may start by observing that, notwithstanding the universal acknowledgment of human dignity as a core value and the extensive academic literature that has provided a framework for human dignity (Waldron 2007;Sensen 2011;Donnelly 2013;Dupré 2013;Barak 2013;Kateb 2014;Christopher McCrudden 2014;Kleindienst 2017;Rosen 2018;Gilabert 2018;Mahmoudi and Penn 2020;Le Moli 2021;Rupniewski 2023), uniformity is lacking with respect to its comprehension and application (Macklin 2003;Bagaric and Allan 2006). This fogginess of understanding human dignity not only permeates academic circles but also affects the educational sphere (Reardon 1995;Sporre 2015;Bowie 2016;Hantzopoulos 2016;Masalesa 2022;Hoguane and Pinto 2023), influencing how young minds come to comprehend and value this fundamental concept.…”