ABSTRACT

The concept of human rights is a revolutionary one when considered in the context of the nation state. One of the matters which were referred to in the discussion on self-determination was the issue of representative government and rights of representation more generally. In states where minorities participate in government through consensus models of democracy or are allowed a degree of internal self-determination through federal structures or other forms of decentralisation, minorities may have a modicum of decision making powers and control over aspects of governance. Even if a given situation of rebellion does not qualify as an internal conflict for the purposes of international humanitarian law, the principle of the sanctity of civilian life would seem to be equally applicable in such a situation. This point of view is sustained also by reference to a hierarchy of human rights that is implicit in certain human rights treaties.