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Shaping a Culture of Compliance



             business. A state can say that, as a matter of law,.
             its human rights situation is not a business of a.
             foreign country. Alternatively, a state can argue that.
             even if it is a business of another country, since the.
             states have obligated by treaty, the implementation.
             process is the exclusive business of the national.
             government. .
             Thirdly, some pure question of contract may come into.
             play. It is possible to argue that contracting foreign.
             countries do not have any interest in the domestic.
             human rights matter in another state. Therefore, they.
             should not be given the right to enforce human rights.
             instruments in another country. The fourth reason is.
             very practical. No country is prepared to confer a.
             "judicial review" type power to an outside entity. The.
             is true for human rights matters as well as other.
             international matters. This is the reason why we do.
             not have the ICC as the central point for.
             international adjudication.
             The arguments given above are refutable. Religious.
             scholar like St. Thomas Aquinas or natural law.
             theorist like Grotius and Vetted recognized the.
             authority of an external force to come in aid of the.
             miserable human rights regime. Not only that natural.
             law theorists recognized the intervention in domestic.
             humanitarian matter, positivist scholars, law.
             theorists recognized the intervention in domestic.
             matters, are also convinced that in case of gross.
             human rights violations, intervention in domestic.
             matter may be justified.
             Apart form these theoretical justifications of.
             intervening in domestic human rights matters, there.
             are plenty of state practices, which provide an.
             axiomatic premise that human right is no longer the.
             sole business of a state. Nuremberg is the best.
             example of this. The Nazis were charged for crimes.
             against humanity not only for crimes conducted against.
             foreign nationals, but also for their own nationals.
             The additional post World War Tribunals, the recent.
             Criminal Tribunal for former Yugoslavia, and Rwanda,.


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