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Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman Jan 2014

Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

Closed environments pose a major challenge to the full and effective implementation of human rights norms and conventions. However, many conventions contain mechanisms that can be used to further advance implementation of human rights in those closed environments. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) has several mechanisms in place that play an important role in enforcing and implementing human rights obligations. Along with the creation of a supervisory organ, the Committee against Torture (the Committee), the Convention provides a framework for: State Party reporting and concluding observations (COBs) under …


Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi Jan 2014

Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi

Articles

Over the past several decades, the central focus of international law has shifted from protecting only sovereign states to protecting individuals. Still, the worst imaginable human rights violations—genocides, ethnic cleansings, crimes against humanity, and systemic war crimes—occur with alarming frequency. And the international response is often slow or ineffectual. The most recent development for addressing this problem is the “responsibility to protect,” an idea that has received so much attention that it now goes simply by R2P. Almost all heads of state have endorsed R2P. The U.N. Secretary General has made R2P a top priority and issued multiple reports on …


Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi Jan 2014

Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi

Faculty Scholarship

The idea of the "responsibility to protect" has received enormous attention in recent years-so much attention that it now goes simply by R2P. R2P posits that, when a state fails to protect its population from mass atrocities, the broader international community should step in to help. The vision here is of outside states banding together and doing everything possible to protect the at-risk population. But for all the attention this vision receives, its effect on international law or on the ultimate goal of protecting people from atrocities is unclear. This Article critiques that vision and offers an alternative. The Article …