THE LEGAL JUSTIFICATION OF CRIMINALIZING THE INFRINGEMENT OF HUMAN RIGHTS AND ITS CONSEQUENCES

Abstract

International Human Right Law obligates States to protect the rights of persons living within their jurisdictions for the furtherance of international peace and security. The Universal Declaration of Human Rights (UDHR) also foists on States the legal duty to guard jealously as well as preserve the rights and freedoms of every individual and machinery of society to maintain international development and stability. There have been discussions on the legal justification to criminalize any infraction of human rights and streamline the investigation, prosecution and punishment of actions meant to dehumanize, animalize and degrade citizens in accordance with human rights instruments and treaties through the instrumentality of criminal law and hold such perpetrators to account for such infringement. Organs of government are therefore under legal obligation to criminalize all forms of violations of human rights. The purpose and objectives of criminalizing, prosecuting and punishing human rights is meant to ensure the protection and respect for the humanness of human beings. This paper seeks to support the proposition for the use of human rights instruments as well as human rights monitoring bodies in the criminalization of human rights contravention and provide adequate punishment for perpetrators. The ultimate aim is to guarantee international stability, development and peace.