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20 N.C. Cent. L.J. 1 (1992)
International Human Rights Law: A Development Overview and Domestic Application within the U.S. Criminal Justice System

handle is hein.journals/ncclj20 and id is 7 raw text is: INTERNATIONAL HUMAN RIGHTS LAW: A DEVELOPMENT OVERVIEW AND DOMESTIC APPLICATION WITHIN THE U.S. CRIMINAL JUSTICE SYSTEM BY WILLIAM D. AUMAN* We have before us an extraordinary moment in the history of the human rights movement-a window of opportunity to gain universal ac- ceptance of guarantees for individual freedoms. Now that curiosity is aroused, one must wonder what possible miracle cure has been devised and why no one told you about it. Simple. We're talking international human rights. Of course the reaction of real lawyers to mention of such a concept is likely to be one of puzzlement or the tolerant but cyni- cal smile that is supposed to distinguish the realist from the idealist. Since the term is usually employed as a generic phrase and bandied about rather loosely by politicians and the like, it is not surprising that some confusion exists. Accordingly, we must add the word law to qualify this window of opportunity. International human rights law is today an extensive body of agreed- upon norms and international obligations codified in over 50 interna- tional treaties and declarations of both a general and fairly specialized nature. United States lawyers and judges are turning with increasing fre- quency to these laws as a basis for rules of decision and as interpretive guides in domestic cases involving refugees, detainees, undocumented aliens, and government activities. The time is ripe for enhanced develop- ment and application of a variety of human rights issues through ratifica- tion of Several treaties currently pending before the U.S. Senate Foreign Relations Committee including The Convention Against Torture and other Cruel, Inhuman or Degrading Punishment; The International Cov- enant on Economic, Social, and Cultural Rights; The International Con- vention on the Elimination of All Forms of Racial Discrimination; and * William D. Auman is an Assistant Public Defender for the 28th Judicial District in Ashe- ville, N.C. He is also the Southern Regional Representative and N.C. Coordinator for the Amnesty International Legal Support Network. He has published several articles in a variety of magazines and academic journals dealing with criminal justice and international human rights. He received his B.A. in Political Science cur laude from N.C. State University and his J.D. from Campbell Univer- sity School of Law, where he was President of the Civil Rights Research Council and a member of the Law Review.

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