Law Commons^™

Perpetrators In Their Midst, David Akerson

Human Rights & Human Welfare

The two articles, “Another Human-Rights Irony at the U.N.” by Anne Applebaum and “UN Elects Rights Violators to Human Rights Council” by Edith Lederer, both set forth the problems encountered by the UN Human Rights Council and its predecessor, the Human Rights Commission. Namely, that member states with notorious human rights records will exploit the Council to their political advantage. As Applebaum points out in her article, “authoritarian regimes have long battled to join the council...the better to prevent any outsiders from investigating their own governments.”

Human Rights Abusers, The Human Rights Council, And The Un, James Pattison

Human Rights & Human Welfare

The predecessor to the Human Rights Council, the Commission on Human Rights, had several notable failings. These included double standards in the selection of which states were to be subject to scrutiny, membership of the Commission by states notable for their egregious human rights records, and the shielding of the P5 members of the Security Council and their allies from criticism. The Human Rights Council, it was hoped, would avoid these flaws and, in doing so, push human rights further up the UN agenda. For instance, the General Assembly Resolution A/RES/60/251, which set up the Council, claimed that the Council’s …

July Roundtable: The Un And Human Rights Introduction

Human Rights & Human Welfare

An annotation of:

“Another human-rights irony at the U.N.” by Anne Applebaum. The Washington Post. May 4, 2010.

and

“UN elects rights violators to Human Rights Council” by Edith M. Lederer. Associated Press. May 13, 2010.

May Roundtable: The Downfall Of Human Rights? Introduction

Human Rights & Human Welfare

An annotation of:

“The Downfall of Human Rights” by Joshua Kurlantzick. Newsweek. February 19, 2010.

A Positive View Of The Trajectory Of The Human Rights Movement, David Akerson

Human Rights & Human Welfare

In 1988, during the waning days of apartheid in South Africa, I was a young American lawyer working for South African Lawyers for Human Rights in Pretoria. On one occasion, I accompanied some of my African colleagues to a conference, the purpose of which was to begin visualizing post-apartheid South Africa. While the apartheid regime was still in power, it was clearly in hasty retreat, and it was equally clear that its days were numbered. The African majority would soon be taking over the reigns of power, and they were excited to begin visualizing what freedom and human rights might …

Hope, Despair, And Human Rights, James Pattison

Human Rights & Human Welfare

Joshua Kurlantzick's “The Downfall of Human Rights” in Newsweek makes for a sobering read. The major Western states, he argues, are no longer interested in the promotion of human rights, but are instead focused on rebuilding themselves after the global recession. Kurlantzick notes further that the Obama administration avoids strong criticism of China, Russia, and other human rights violators because of its desire to demarcate itself from the previous administration's moralizing democracy promotion. To add to Kurlantzick's case for the West's lack of concern about human rights, one could cite the recent and blatantly human rights-violating anti-terror laws of several …

Premature Judgment, Todd Landman

Human Rights & Human Welfare

Just as Mark Twain said in 1897, “The report of my death was an exaggeration,” many commentators have prematurely reported the death of human rights. For example, in 1999, in The Theory and Reality of the Protection of International Human Rights , J. Shand Watson sees human rights as a “mere fiction” in light of a century of state-sponsored killing. One year later, Costas Douzinas, through an appeal to history, philosophy, and psychoanalysis proclaimed the “end of human rights.” It is thus no surprise that the article by Joshua Kurlantzick is yet another attempt to warn us that human rights …

Human Rights Pragmatism Under Obama, Sonia Cardenas

Human Rights & Human Welfare

Bypassing realists and idealists, President Obama has staked out a boldly pragmatic approach to human rights. Critics depict the policy shift as “the downfall of human rights” and a set of “empty promises.” The problem is not with Obama’s embrace of pragmatism, or his rejection of ideology, to advance human rights. The problem is in the emphasis: human rights pragmatism should not privilege external inducements over vital on-the-ground domestic realities.

Genocide Myopia: How Reframing Mass Atrocity Could Backfire, Sonia Cardenas

Human Rights & Human Welfare

The United States has long viewed genocide and mass atrocity as tragic, moral problems divorced from national interests. This may be changing under the Obama administration, with genocide and mass atrocity being reframed as problems to be solved pragmatically. Michael Abramowitz and Lawrence Woocher celebrate this “unprecedented breakthrough” in Foreign Policy, urging President Obama to follow up with specific measures: strategic military planning, interagency coordination, firm leadership, and concrete action on Darfur. Despite the promise of overcoming inaction and focusing on prevention, the new vision of genocide and mass atrocity Abramowitz and Woocher depict remains myopic. It is narrowly focused …

A Break From The Old Routine...., Todd Landman

Human Rights & Human Welfare

Abramowitz and Woocher highlight a potentially significant shift in policy discourse in international relations with respect to humanitarianism and the prevention of genocide. For many years, the United States has suffered from the twin problems of the human rights “double standard” and “Catch-22.” On the one hand, particular countries have been seen as vital by the United States for intervention on humanitarian grounds even though many believed other geostrategic interests are at stake (e.g. Kosovo in 1999) and others have not (e.g. Rwanda in 1994). On the other hand, US intervention on humanitarian grounds can be criticized as heavy-handed or …

Do Drones Have A Silver Lining?, David Akerson

Human Rights & Human Welfare

Michael Abramowitz and Lawrence Woocher’s article, “How Genocide Became a National Security Threat,” flags an important milestone in American foreign policy, namely that mass atrocities might now be appropriately viewed as the national security threats that they are. The problem with translating this policy development into action is the next and not insignificant challenge. Aerial drones may be key to overcoming it.

On Genocide And The National Interest, James Pattison

Human Rights & Human Welfare

In the second presidential debate, Barack Obama said, in response to a question about the crisis in Darfur, that “when genocide is happening, when ethnic cleansing is happening somewhere around the world and we stand idly by, that diminishes us. And so I do believe that we have to consider it as part of our interests, our national interests, in intervening where possible.” In a similar vein, Michael Abramowitz and Lawrence Woocher highlight how genocide is increasingly being seen as a security threat by the White House.

April Roundtable: Genocide And Us National Interests Introduction

Human Rights & Human Welfare

An annotation of:

“How Genocide Became a National Security Threat” by Michael Abramowitz & Lawrence Woocher. Foreign Policy. February 26, 2010.

Bashir And The Icc, Kurt Mills

Human Rights & Human Welfare

Nesrine Malik argues that the International Criminal Court (ICC) made a mistake when it declared that it might charge Omar al Bashir with genocide, in addition to the existing charges of war crimes and crimes against humanity. She argues that the court’s ruling will contribute to Bashir's propaganda efforts and that the current charges have had no appreciable effect. Given the extreme duplicity of Bashir and the other crimes he has quite clearly committed, it is unclear how the genocide charge would make a big difference.

Can The Icc Ever Get It Right?, Richard Burchill

Human Rights & Human Welfare

Nesrine Malik makes clear with her title, “The ICC’s Blunder on Sudan,” that something has gone amiss with the efforts of Prosecutor Luis Moreno-Ocampo to ensure the ICC statute is applied to those circumstances it was meant to address. But why is something amiss in this situation? The Prosecutor has a mandate and the legal regime for the ICC is relatively clear (at least procedurally); the crimes it covers can always be debated, but there is a degree of clarity present as to what acts are addressed; so what has gone wrong? The difficulty lies in expectations about justice and …

Politics And The Law: Enforcing Judicial Integrity, Anna Talbot

Human Rights & Human Welfare

The ruling by the International Criminal Court (ICC) in early February concerning the arrest warrant for Omar al-Bashir provoked controversy. The role of the Court has been called into question, with Nesrine Malik’s piece surmising that the ruling has shown that the Court is out of touch with political reality. She argues that the decision plays into the hands of authorities who are using it to their own political ends; that the charge of genocide is unjustified; and that the practicalities of enforcement undermine the Court.

Confronting The Politics And Law Behind Battles Over The Icc’S Bashir Indictment, Anthony Chase

Human Rights & Human Welfare

Nesrine Malik points in the wrong direction in arguing that charges of genocide embarrass the ICC more than they do Omar al-Bashir. The embarrassment here should come from those, such as Malik, who snidely downplay the level of war crimes committed in Darfur, who discuss genocide as if it is a cultural rather than political matter (does Malik seriously think genocide ever has anything to do with a country’s cultural traditions, as she says in defending Sudan?), or who naively give credence to predictable political push-back from Sudan and its allies. The ICC faces serious legal and political obstacles, some …

March Roundtable: Icc And Darfur Introduction

Human Rights & Human Welfare

An annotation of:

“The ICC's Blunder on Sudan” by Nesrine Malik. The Guardian. February 4, 2010.

February Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Tragedy and Opportunity for Haiti” by Kara C. Mc Donald. Council on Foreign Relations. January 14, 2010.

A Time For Anger. And A Time For Rights, Not Charity, Anthony Chase

Human Rights & Human Welfare

Sadness but also anger is the immediate reaction to the deaths of 200,000 Haitians. Among the dead are Myriam Merlet, Magalie Marcelin and Anne Marie Coriolan (founders of three leading Haitian feminist organizations) and 14 of the 16 members of SEROvie, the main Haitian organization providing HIV-related services for men who have sex with men and the transgendered – people who have been at the front line in pushing for political change from within Haiti. Kara McDonald’s words that “it is hard to identify another country that has had as many peacekeeping forces, stabilization operations, and crisis responses at work …

Can They Stay The Distance? The International Response To The Earthquake In Haiti, Anna Talbot

Human Rights & Human Welfare

Haiti is devastated again. Over one hundred thousand people are presumed dead. Reports of looting and violence are emerging. The international community is responding, with a statement from the Secretary-General of the UN, a resolution by the Security Council, a Special Session, and resolution from the UN Human Rights Council and numerous aid and UN agencies in the country seeking to help as many survivors as possible. Various commentators, including Kara McDonald, have claimed this is an opportunity for a stronger Haiti. Whether this opportunity is realized or not depends in large part on the international community, and whether it …

Hope For Haiti?, Kurt Mills

Human Rights & Human Welfare

Kara McDonald raises the question of whether or not the international community will go beyond its patchwork response to Haiti's problems. One wonders why the question is even asked, given the international community's track record in Haiti, as well as in other parts of the world. Indeed, setting aside the many positive acts of individuals and states to address the suffering after the earthquake, the response to Haiti illustrates the inability of the international community to respond in a coherent and humane manner to many crises around the world.

What Is The Best Use Of The International Community’S Resources; Responding To Disasters Or Trying To Strengthen Fragile States?, Richard Burchill

Human Rights & Human Welfare

The recent earthquake in Haiti is, beyond doubt, a truly tragic event. The impact of the quake in terms of the physical destruction of buildings and infrastructure, the massive loss of life, and the inability of the government to respond all demonstrated how fragile the Haitian state is. While Haiti is probably at the extreme end of fragility, it is not alone in terms of states struggling to survive in difficult conditions. And when something unexpected hits a fragile state, the response of the international community is crucial, because the impact is so much greater and the state's own ability …

Migrant Workers In Saudi Arabia, Sarah Jessup

Human Rights & Human Welfare

One of the wealthiest countries in the Middle East, the Kingdom of Saudi Arabia is also one of the largest exporters of oil, and as such, one of the most influential in the region. Despite this, more than 50 per cent of the work force (nearly 6 million people) in the Saudi Arabia are migrant workers (FIDH, 2003, 3). They contribute billions of dollars each year to their home countries through remittances. With such a large population hailing from outside the Kingdom, it would seem that transnational migrants would have a larger voice in the rights and freedoms they are …

The Loss Of Egypt’S Children, Cindy Ragab

Human Rights & Human Welfare

Under the fierce rays of the desert sun, in the heat of the summer, young children are forced to remove pests from cotton crops for eleven hours per day, search for recyclable goods among animals and the pungent stench of city dumps, and are sold to elderly male tourists through temporary marriages by their parents. This is the hideous reality for millions of child laborers in Egypt. Child labor is a manifestation of the pains of extreme poverty on the world’s most vulnerable population. Childhood is lost. Children are forced to take on responsibilities that in normal circumstances push adults …

Barb Rieffer-Flanagan On Muslims In Global Politics: Identities, Interests, And Human Rights. By Mahmood Monshipouri. Philadelphia: University Of Pennsylvania Press, 2009. 325pp., Barb Rieffer-Flanagan

Human Rights & Human Welfare

A review of:

Muslims in Global Politics: Identities, Interests, and Human Rights. By Mahmood Monshipouri. Philadelphia: University of Pennsylvania Press, 2009. 325pp.

The Materialization Of Human Trafficking In The Middle East And Impediments To Its Eradication, Mindy Mann

Human Rights & Human Welfare

As a continental hub that connects Asia, Africa, and Europe, the Middle East offers a strategic location for the trafficking of persons from poor to richer states. Extreme poverty, coupled with the corporate and royal wealth of the Gulf States, creates a regional dichotomy in which Middle Eastern states serve as ‘source,’ ‘transit,’ and ‘destination’ countries for human trafficking. Discrepancies in defining human trafficking within the region, as well as the controversial and illicit nature of the practice, cause research to be sparse and with very few first-hand sources. Nevertheless, this paper examines available literature on the subject and addresses …

Teaching Notes: Rights And Rebuilding In El Salvador, Elaine K. Denny, Susan Waltz

Human Rights & Human Welfare

We have prepared this two-part case study with two pedagogical purposes in mind: (1) To develop an understanding of the concept (and political meaning) of human rights. (2) To facilitate discussion about processes of reconciliation and reconstruction and the importance of holistic conceptions of rights and security for future stability.

© Elaine K. Denny & Susan Waltz. All rights reserved.

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 of the author. …

Minarets Vote Compromises Human Rights For Everyone, Anna Talbot

Human Rights & Human Welfare

Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …

Marten Zwanenburg On Killer Robots: Legality And Ethicality Of Autonomous Weapons. By Armin Krishnan. Farnham: Ashgate, 2009. 240pp., Marten Zwanenburg

Human Rights & Human Welfare

A review of:

Killer Robots: Legality and Ethicality of Autonomous Weapons. By Armin Krishnan. Farnham: Ashgate, 2009. 240pp.