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Articles 1 - 30 of 64
Full-Text Articles in Law
Marten Zwanenburg On Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice By Ray Murphy. New York: Cambridge University Press, 2007. 392 Pp., Marten Zwanenburg
Human Rights & Human Welfare
A review of:
UN Peacekeeping in Lebanon, Somalia and Kosovo: Operational and Legal Issues in Practice by Ray Murphy. New York: Cambridge University Press, 2007. 392 pp.
Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet
Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet
Human Rights & Human Welfare
A review of:
Why Not Kill Them All? The Logic and Prevention of Mass Political Murder by Daniel Chirot and Clark McCauley. Princeton University Press, 2006. 288 pp.
and
The Order of Genocide: Race, Power, and War in Rwanda by Scott Straus. Cornell University Press, 2006. 273 pp.
and
The Witnesses: War Crimes and the Promise of Justice in the Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 252 pp.
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Human Rights & Human Welfare
From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.
© Susan Waltz. All rights reserved.*
*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Human Rights & Human Welfare
A review of:
Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.
The Alien Tort Claims Act In 2007: Resolving The Delicate Balance Between Judicial And Legislative Authority, Hannah R. Bornstein
The Alien Tort Claims Act In 2007: Resolving The Delicate Balance Between Judicial And Legislative Authority, Hannah R. Bornstein
Indiana Law Journal
No abstract provided.
Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter
Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter
Human Rights & Human Welfare
A review of:
Women in the Middle East: Past and Present by Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp.
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Faculty Scholarship
Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …
Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze
Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze
Human Rights & Human Welfare
The debate over humanitarian intervention has tended to focus on the conditions under which the resort to armed intervention is permissible while paying less attention to which actors are best suited to engage in such a complicated and demanding undertaking. The purpose of this paper is to explore characteristics that affect the ability of potential agents of humanitarian intervention to effectively undertake this operationally and politically demanding task. While the military wherewithal of the intervener is fundamental, I argue that a potential intervener’s legitimacy as an agent or enforcer of humanitarian norms is also crucial in determining whether and the …
Law In Times Of War: The Case Of Chechnya, Federico Sperotto
Law In Times Of War: The Case Of Chechnya, Federico Sperotto
Human Rights & Human Welfare
In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Journal Articles
This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …
Christina M. Cerna On The Un International Criminal Tribunals, The Former Yugoslavia, Rwanda And Sierra Leone By William A. Schabas. New York, Cambridge University Press, 2006. 711 Pp., Christina M. Cerna
Human Rights & Human Welfare
A review of:
The UN International Criminal Tribunals, The former Yugoslavia, Rwanda and Sierra Leone by William A. Schabas. New York, Cambridge University Press, 2006. 711 pp.
Elisabeth King On Researching Conflict In Africa : Insights And Experiences. Edited By Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, And Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp., Elisabeth King
Human Rights & Human Welfare
A review of:
Researching Conflict in Africa : Insights and Experiences. Edited by Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, and Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp.
Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau
Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau
Human Rights & Human Welfare
Among the many consequences of the terrorist attacks of 9/11, the absence of investigative journalism and critical reflection in the U.S. is, perhaps, the most troubling; though we are now seeing a reversal of this trend. Jeremy Scahill has been one of the brightest and best examples of this reversal, relentlessly pursuing a trail of wrongdoing involving the U.S. government and private corporations.
Can The Next American President Switch The Tracks?, Harry Kreisler
Can The Next American President Switch The Tracks?, Harry Kreisler
Human Rights & Human Welfare
For decades the Washington mantra has been privatization. As Secretary of Defense in Bush 41’s administration and as CEO of Haliburton, Dick Cheney was influential in the application of this idea to defense policy. Now as Vice President of the United States, he and his coterie of followers have taken the idea to a new level. According to Jeremy Scahill, the United States has reached a tipping point in waging the Iraq war, with dire consequences for defense policy, democratic accountability, and the global perception of who we are and what we stand for.
Richard Matthew On Pakistan’S Drift Into Extremism: Allah, The Army, And America’S War On Terror By Hassan Abbas. London: M. E. Sharpe, 2005. 276 Pp., Richard Matthew
Richard Matthew On Pakistan’S Drift Into Extremism: Allah, The Army, And America’S War On Terror By Hassan Abbas. London: M. E. Sharpe, 2005. 276 Pp., Richard Matthew
Human Rights & Human Welfare
A review of:
Pakistan’s Drift into Extremism: Allah, the Army, and America’s War on Terror by Hassan Abbas. London: M. E. Sharpe, 2005. 276 pp.
July Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.
Private Military Industry And The Laws Of War, Mahmood Monshipouri
Private Military Industry And The Laws Of War, Mahmood Monshipouri
Human Rights & Human Welfare
The “war on terrorism,” according to Jeremy Scahill, has led to the most privatized war in the history of the United States of America: the war in Iraq, waged partially by private security contractors who are, for the most part, accountable to no higher legal-political authority. This brings us to an obvious question: Is this type of warfare an imperative part of counterterrorism?
Rooting The Privatization Of War In A Broader Political Context, Ali Wyne
Rooting The Privatization Of War In A Broader Political Context, Ali Wyne
Human Rights & Human Welfare
On the issue of military outsourcing, I think that it would be valuable to place Jeremy Scahill’s research and critique in a broader context.
Geopolitics Or Human Rights?, Judith Blau
Geopolitics Or Human Rights?, Judith Blau
Human Rights & Human Welfare
George Soros’ article, “On Israel, America and AIPAC” serves as a sobering reminder that the human rights revolution is constantly being scuttled by geopolitics that not only sideline human rights, but more devastatingly undermine their premises. I happen to agree with him that the American Israel Public Affairs Committee (AIPAC) is a major obstacle to the U.S. normalizing relations with any country in the Middle East, including and especially Israel. AIPAC is something of a misnomer because it is a coalition, not a committee, and some of its key members include neo-cons, as Soros mentions, as well as Christian evangelicals. …
Engagement As A Way Toward Peace, Mahmood Monshipouri
Engagement As A Way Toward Peace, Mahmood Monshipouri
Human Rights & Human Welfare
The Bush administration’s active support for the Israeli government is counterproductive in its refusal to recognize a Palestinian unity government which includes Hamas. A great majority of American Jews have called for Israel to withdraw from the territories occupied in 1967 and support the creation of a Palestinian state. A hard-line minority of politicians in the United States, along with their affiliated media networks and think-tanks, have continued to dominate the main Jewish lobbying group, the American-Israel Public Affairs Committee (AIPAC).
June Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“On Israel, America and AIPAC” by George Soros. New York Review of Books. April 12, 2007.
Should Supporters Of Israel Embrace An "Open Society"?, Harry Kreisler
Should Supporters Of Israel Embrace An "Open Society"?, Harry Kreisler
Human Rights & Human Welfare
Organizations, such as lobbies, must adapt to changes in their environment or they risk mission failure and possible extinction. Adaptation requires new ideas, new constituencies, and rigorous self-analysis. A vigorous internal debate raises the possibility of corrections in course as an organization navigates through its changing environment.
Aipac's Good Intentions Undermine Israel's Interests, Ali Wyne
Aipac's Good Intentions Undermine Israel's Interests, Ali Wyne
Human Rights & Human Welfare
While the American Israel Public Affairs Committee (AIPAC) is nominally pro-Israel, its advice undermines Israel’s interests. It does not encourage Israel to make concessions, but rather recommends that Israel ignore the reformists within and outside of it. The folly of such counsel becomes apparent when one recognizes that Israel’s current strategy cannot be sustained.
Kathleen Barrett On Challenges To Peacebuilding: Managing Spoilers During Conflict Resolution Edited By Edward Newman And Oliver Richmond. New York: United Nations University Press, 2006. 329pp., Kathleen Barrett
Human Rights & Human Welfare
A review of:
Challenges to Peacebuilding: Managing Spoilers During Conflict Resolution Edited by Edward Newman and Oliver Richmond. New York: United Nations University Press, 2006. 329pp.
Sylvia Maier On Human Rights In The World Community. Issues And Action (Third Edition) Edited By Richard Pierre Claude And Burns H. Weston. Philadelphia: University Of Pennsylvania Press, 2006. 543 Pp., Sylvia Maier
Human Rights & Human Welfare
A review of:
Human Rights in the World Community. Issues and Action (Third Edition) edited by Richard Pierre Claude and Burns H. Weston. Philadelphia: University of Pennsylvania Press, 2006. 543 pp.
Politics Of Naming And Politics Of Responsibility, Rhoda Howard-Hassmann
Politics Of Naming And Politics Of Responsibility, Rhoda Howard-Hassmann
Human Rights & Human Welfare
Mahmood Mamdani is right to complain that the American—and international—public is unaware of the political complexity of the Darfur conflict. He is also right to point out that selective or inconsistent uses of the terms “genocide,” “civil war,” and “insurgency” can mask covert, or even overt, political agendas. His comparison of Darfur to Iraq is telling. And he is right to point out that even with the best of humanitarian intentions, the presentation of a simplified version of Darfur, in which “Arabs” persecute “Africans,” can play into the “war on terror,” insofar as, in the minds of at least some …
The Return Of Moral Equivalence, J. Peter Pham
The Return Of Moral Equivalence, J. Peter Pham
Human Rights & Human Welfare
During the latter stages of the Cold War, one school of ethical analysis, ultimately labeled as “moral equivalence” by the late Jeane Kirkpatrick, measured Western liberal democracies against utopian standards in a radical critique which redefined the political discourse, erasing distinctions between the Soviet Union and its satellites on the one hand and the United States and its allies on the other.
Missing The Point, Colin Thomas-Jensen
Missing The Point, Colin Thomas-Jensen
Human Rights & Human Welfare
“What would happen if we thought of Darfur as we do of Iraq, as a place with a history and politics—a messy politics of insurgency and counterinsurgency?” (§4). This is the most telling question posed by Professor Mahmood Mamdani in “The Politics of Naming: Genocide, Civil War, Insurgency.” The implication is that the growing public demand for strong international action—military or otherwise—to halt the atrocities in Darfur is somehow unwarranted because people have failed to understand that the systematic crimes against humanity committed against civilians in Darfur (and indeed Iraq) are an inevitability of “the messy politics of insurgency and …
The Moral Vocabulary Of Violence, David L. G. Rice
The Moral Vocabulary Of Violence, David L. G. Rice
Human Rights & Human Welfare
What is at stake in labeling a particular incidence of large-scale violence “genocide”? Mahmood Mamdani rightly argues that “genocide” is an insufficient description of the conflict in Darfur. I would suggest that the problematic nature of that terminology goes back to its inception after World War II. Activists have inherited the concept of “genocide” from a particular historical moment. Now, “ genocide” carries unique moral weight in the discourse of international politics. When violence against civilians has been widely accepted as a necessary outcome of the preservation of peace, activists find it necessary to imagine a worse evil than the …
Debra L. Delaet On Health And Human Rights: Basic International Documents, 2d Edition, Edited By Stephen P. Marks. Cambridge, Massachusetts: Published By Francois-Xavier Bagnoud Center For Health And Human Rights; Distributed By Harvard University Press, 2006. 392pp., Debra L. Delaet
Human Rights & Human Welfare
A review of:
Health and Human Rights: Basic International Documents, 2d Edition, edited by Stephen P. Marks. Cambridge, Massachusetts: Published by Francois-Xavier Bagnoud Center for Health and Human Rights; Distributed by Harvard University Press, 2006. 392pp.