The Protection Of Human Rights In International Law: Mechanisms And Challenges
Abstract
This article analyzes the protection of human rights by international law through a framework of universal, regional, and specialized procedures, while also addressing the structural problems that hinder their efficacy. The United Nations Charter, the Universal Declaration of Human Rights, and a number of key treaties have given legal shape to inherent human rights since 1945. Regional instruments in Europe, the Americas, and Africa have also helped. The study reconstructs the main mechanisms of protection, including UN treaty bodies and Charter-based organs, the Universal Periodic Review, regional courts and commissions, and international criminal justice, especially the International Criminal Court. It does this by using doctrinal and comparative analysis of primary legal sources, institutional practice, and scholarly commentary. It contends that these techniques have considerably enhanced the processes of norm development, monitoring, and, to a lesser degree, enforcement. At the same time, they are nevertheless limited by state sovereignty, political selectivity, insufficient compliance incentives, lack of resources, and new problems like digital monitoring, counter-terrorism, and climate change. Recent disputes about the operation of the International Criminal Court and political backlash, such as strong countries imposing sanctions on its judges, show how weak legal accountability can be when it goes against geopolitical interests. The article asserts that international human rights law has established a complex framework of protection that influences state conduct and empowers individuals; however, its capacity for transformation is contingent upon greater integration with domestic legal systems, enhanced political commitment, and the inclusive engagement of civil society.