Boarder killing is a violation of human rights as well as international law. To be Explained
1. Introduction:
The most complicated part about the topic is it has been said, its a violation of international law. But, is it not factor to think about? Because like we have known previously that each and every country or geographical segmentation has different rules and regulation, and the intensity gets higher , longer and broader the boundaries goes. In other words it mean, if the geographical segmentation goes beyond national border, then the differentiation of rules and regulation goes deeper, and much diversed. So what is actually international Law ?
However as we move more downwards we are going to be focus more and more on the topic, regarding how international law, is been related with the boarder killing and violance.
2. What is the topic is all about?
The most wise that should be appearing onto the readers mind is the fact, most of the part where the border killing happen to take place is due to transpassing. Most of the time, peaople who are poor, and dont have enough amount of money, they do not being able to go to different countries due to lack of opportunities, or authorities. So, basically they are the one, who happen to pass border, and get killied while passing the no mans land area. However direct order from the government of each and every country to their miliotary or border army, or the their defensive force, they hardly could deni their superior orders and kill the passer by right on the spot. People who are from Mexico most of the time comes to USA and being a part of America through border passsing.
Justification-
Different countries has different law, but when it comes to Border passing, things get complicated since the place of border passing path falls under the sector of no mans land, that is the main reason why peaople who cross borders are tend to get killed or be killed, provided they get caught. So there no laws had been implemented regarding such cases, except the fact that if they get caught they gonna get killed.
But my question, why this law has been practised?
Why not any other kind of penalty except the fact of killing the person?
Why not other such crutial punishment other then life taking one?
Hence details are to be discussed in furthur steps.
3. How does boarder killing is related with the international Law ?
International law is the set of rules generally regarded and accepted as binding in relations between states and nations. It differs from national legal systems in that it only concerns nations rather than private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to confirm.
International law has existed since the middle Ages but much of its modern corpus began developing from the mid-19th century. Two sophisticated legal systems developed in the Western World: the codified systems of continental European states (Civil Law) and the judge-made law of England (Common Law). The fall of the Roman civilization did not result in the loss of the concepts of Roman law. Starting in the later Middle Ages, unlegislated Roman law (ius commune or lex moratoria) was applied by merchants in northern Italian city states and north-western European countries as the basis for commercial (and other) relationships. In the 20th century, the two World Wars and the formation of the League of Nations (and other international organizations such as the International Labor Organization) all contributed to accelerate this process and established much of the foundations of modern public international law. After the failure of the Treaty of Versailles and World War II, the League of Nations was replaced by the United Nations, founded under the UN Charter. The UN has also been the locus for the development of new advisory (non-binding) standards, such as the Universal Declaration of Human Rights. Other international norms and laws have been established through international agreements, including the Geneva Conventions on the conduct of war or armed conflict, as well as by agreements implemented by other international organizations such as the ILO, the World Health Organization, the World Intellectual Property Organization, the International Telecommunication Union, UNESCO, the World Trade Organization, and the International Monetary Fund. The development and consolidation of such conventions and agreements has proven to be of great importance in the realm of international relations
The term “international law” can refer to three distinct legal disciplines:
- Public international law, which governs the relationship between provinces and international entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of war or international humanitarian law and international human rights law.
- Private international law, or conflict of laws which addresses the questions of (1) which jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in the case.
- Supranational law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.
4. Legislative Supremacy and Human Right act-
The Human right ACT-1998, received Royal Assent on 9th November1998. Many of its provision did not enter into force, but however, until 2nd october 2000. For present purpose, it should be noted that the act was passed in the same manner according to the same procedure as the other public General Acts passed during the 1998-99 Parliamentary session. Since it is not entrenched, it followes that its provisions may be amended or repealed in the normal manner. In practise this is unlikely to happen very often Because as professor FELDMAN CONTENDS :
However the special status of the HRA 1998, may thus make its express ammendment an unlikely, event. What effect, however will that status have upon the possibility of the implied repeal of a provision in the ACT? In other easier words it could be said that, that the Human Resource Act 1988 immune from implied repeal or does it fall with in the scope of that decision?
Justifications: Discussion will be taken place regarding such matter.
Foot Note:……………………………………………………………………………………………………………………..
FELDMAN CONTENDS-Although the act is not entrenched it will have a special status. As a matter of practical politics, it will progressivly achieve a symbolic status which will amend-ent to it politically more controversial than amendments to ordinary legislation. This will become an increasingly significant contraint on those who want to restrict the rights as a generation of citizens is educated in its provision and grows to maturity under its influence.
5. How does ACTS and LAWS varies from different countries to Countries?
There are rules and regulation in different countries starting from the Northern to Southers, and starting from Eastern to Western. So, obviously laws and ACTs based upon the law varies from different georgraphical location to locations. However different set of government, and different set of parliment exist in different countries, so which lead to the fact that, there are different set of law, in different countires, which had been set by different government body of the different countires.
- For Example – People in Arabian countries tend to kill peaople as a punishment of any kind of brutality.
- For Example – Rules and Regulation in England tends to promote a life time imprisonment, if any person kill another person.
- For Example – In Bangladesh or People in sub-continents, have a different view toward such killing factors.
6. Facts & Statistics :
There are some facts regarding the violation of human right regarding the boarder killing. Which mean, the types of incident that had already taken place and are taking place. Some of the facts are given below, which has been collected from the INTERNET
· Captured Illegal alien in BP agent murder has a U.S. rap sheet
The Border Patrol said that Manuel Arianes, a.k.a. Manuel Arellanes Osorio, was wounded in the gunfight. Arianes, 34, and a Mexican national, was convicted in Maricopa County Superior Court in 2006 for aggravated assault on a police officer, and had been deported to Mexico twice, according to sources familiar with his case,” Arizona’s
· Attorney: detainees in Border Patrol murder are not US citizens
According to Williams, immigration law allows federal authorities to hold non-citizens for lengthy periods of time without releasing their names to the public. Immigration and Customs Enforcement officials confirmed to 9 On Your Side that ICE does not release the names of any suspects simply facing immigration charges
· Two weeks after agent’s murder, detainees face only immigration charges
All we can assume at this point is that these individuals really aren’t associated with the shooting at all. Or, while the government may think they are associated, they may not have enough evidence or information at this point to feel comfortable meeting the probable cause standard,” said Heather Williams, assistant federal public defender in Tucson, whose office is representing one of the detainees.
The Most Recent updates according to the United States of America as per 2011:
UPDATE JANUARY 5, 2011: The Arizona Daiuly star is reporting the feds have 6 suspects in custody now in the Terry incident.
And here is the other stuff floating around about the incident:
Bean bags v AK 47s from Tom Tancredo.
9OYS Investigates: Border Patrol deadly force policy Channel 9 KGUN in Tucson chased the Tancredo story that Terry was armed with bean bag rounds.
Still no information on suspects from the Immigration Ckearinghouse which trashes the Trancredo post.
New Details in Murder of Border Patrol Agent Brian Terry from the New American, a John Birch Society website.
Something fishy going on … from Three Sonoras on the Citizen
Attempt to focus on immigration even though a murder of Border Patrol took place from the Citizen’s Three Sonorans…in which he has discovered that the 4 suspects apprehended are only being charged with illegal re-rentry.
The real shocker was the following email from a Bob Price. I tried to chase down Mr Price about the email to no avail
7. What are the possible reason there are for people violating boarder crossing law?
- Illegal Immigration
- Smuggling
- Terrorism
- Exporting and Importing Goods and services without paying taxes.
Illegal Immigration –
There are many people who wants to go and setlle in abroad, but they do not have anough and sufficiant documentation to which approaves them to go and settle on that country. So what some people do is, thry try to go to that country by crossing boarder, and when ever they try to do that they get killed by the defense of that country.
For Example- Many people of mexico, try to come across USA through the boarder, and hence get killed while doing it so.
Smuggling-
This is the most common term that, we had ever been through, i.e SMUGGLING, which is illegally exporting illegal and banned items like Drugs to the other countries. Smmugler and God fathers tend to do this kind of things a lot, and depending on the security factor, sometime they get killed.
For Example- Mr. Rahim a Smuggler, tried to smuggled a huge amount of Drugs to another country. And since crossing “No-Mans land” is common violation so, eventually he got killed.
Terrorism –
Terrorism is a huge factor to be taken under consideration. Specially after 911, terrorism has become one of the most vital factor, which offend any countire”s defensive security.
For Eg-Suppose some terrorism group wanted to do a massive destruction is some country. But due to serious security on Airpport they might not be able to deliver their weapons of massive destruction to another country. So,m while crossing the boarder in directly, they might not be able to get through, and get killed
Foot Note……………………………………………………………………………………………………………………………………..
No man’s land is a term for land that is unoccupied or is under dispute between parties that leave it unoccupied due to fear or uncertainty. The term was originally used to define a contested territory or a dumping ground for refuse between fiefdoms. It is most commonly associated with the First World War to describe the area of land between two enemy trenches to which neither side wished to move openly or to seize due to fear of being attacked by the enemy in the process
Exporting and Importing Goods and Service without paying Taxes:
What some company do is they try to skip the custom, try to pass their goods through boarders. What they try to do is basically skipping the taxation part, so that they dont have to pay additional amount of tax on any particular goods and services. So, therefore by skipping and slipping the customs they could actually skip a massive amount of taxation, so that when other competitors try to come up with higher price, they could serve in the market with the lowest possible price. That core, and pure business, but the source from where they created the strategy is/was/will be Illegal.
For Example- Suppose Pran group is importing its raw material from any countires. Now they have to pay a huge amount of Taxations, so to skip that they tried to skip the custom and tried to pass receive their goods of raw materials, through no mans land. Now sometimes they are successfull, but sometimes they are not, and get killed due to that. But then again its illegal.
8. What kind of punishment are to be faced while crossing the boarder, regarding Human Right:
Well, like we have discussed earlier, when crossing the boarder there are lots of punishment are to be faced, but the most common and cruical punishment, is direct killing but however some country has some rules and regulation which is quite different, for example they tend to give life time imprisonment, if the person get caught, while passing the boarder. Some country what they do, is kill at the spot, even so brutally, they dont even care to dispose the dead body. However some countirs, what they do is they capture the indicidual, and keep them in their country not only for improsonment, but they torture them through out the life, Some countries what they do is, they give life time sentence, or ateast imprisonment for 25-30 years. So, it varies from countires to countries, and rules anf regulation from countries to countries, depending on their juricial decision, and goverment decision. So this is how the punishment varies from countires to countries, which is highly, and massivly based upon international law, since no-mans land falls under the catagory of no mans land. Becasue it is simnple as that, no-mans land belong to neither this country nor that, So, thats how international law comes into the play. However the moral of the explanation is it varies from country to country.
9.But what about the security control ? Does is not comes into the play ?
While it is necessary that the state has sufficient security powers to counter threats to the security of the nation. It is also important that the powers granted are confined to the real threats to the state and do not implinge more than is necessary on individual freedoms and rights. In order to be able to evaluate the work of the security forces it is therefore necessary to have definition of state or national security. In a stable democratic world, or nation, or state security cannot justify as is the case in totalitarian regimes, absolutely anything that the government wishes to do guarantee order; power must be limited to the extent strictly, as it is a matter of human rights, and also because to achieve legitimate objectives. So there for in easier words it could be said that though state security has the power to enforce such life taking action, but then again, like we discussed above all the time, people do not tend to cross the boarder with the intention of illegality. So the states securities power should be reduced so that they do not jump in the action of shooting at the spot. Government should highly take this factor under its consideration.
10. Concusion.
So, as a whole when we summarise all together the fact, the statistics, the role that international law has to play over the violation of border killing. However the most complicated matter is that, since boarder violation is a problem, which falls under the catagory of undiscovered law. Because, border violation, falls on no-mans land, when no mans land, literally means no mans land, which means its neither belong to this country nor that, so which means, there isint any particular thats the bottom line is who ever violate the border has been ordered to be shot at the spot.
However research are still going on about the rules and regulation and laws of such cases are yet to be unleashed.
Justification- In my point of view, i would rather say, that rules and regulations should be made in such way so that, instead direct killing, first the victim should be captured and then the victime should be interrogate, then the punishment should be made, because everyone doesnt deserve to be killed right at the spot. Hope this proposal of mine would be taken under consideration.
Bibliography:
# Ewan Mckendrick, Contract Law (8th edition, Palgrave Macmillan, UK 2009).
# Jill Poole, Contract Law (10th edition, Oxford University Press, New York 2010).
# Terence Ingman, The English Legal Process (13th edition, Oxford University Press, New York 2010).
# James Holland and Julian Webb, Learning Legal Rules (7th edition, Oxford University Press, New York 2010).
# Michael Zander, The Law- Making Process (6th edition, Cambridge University Press, Cambridge 2004).
# Neil Parpworth, Constitutional and Administrative Law (4th edition, Oxford University Press, New York 2006).
#.http://www.third-way.org/index.php?option=com_content&view=category&layout=blog&id=1&Itemid=82
#.http://www.worldpulse.com/pulsewire?gclid=CKWHp43Uhq8CFYSh4god43-t-w
#.http://tribune.com.pk/story/335033/border-violation-afghan-forces-kill-2-in-balochistan/
#.http://sic.conversationsnetwork.org/series/humanRights.html?gclid=CNKk963Jhq8CFaGt4godUGhp9A
#.http://www.witness.org/donate?_kk=human%20right%20violation&_kt=f4f6dc1f-9c39-403b-a889-749c584c55ad&gclid=CLvqka7Jhq8CFTFU4godc2zd_Q