Law Commons^™

Mission Creep: De-Militarizing Humanitarian Protection, Sonia Cardenas

Human Rights & Human Welfare

Over a decade ago, the U.S. military was warning liberal internationalists about the dangers of "mission creep." Today it is doing the opposite, incorporating relief and development work into its operations. In the devastating aftermath of Cyclone Nargis in Burma , the U.S. military's newfound mission may seem compelling. Unfortunately, expanding the military's role into humanitarian work reflects a flawed logic that should be resisted. There are more promising ways to protect victims of humanitarian disaster.

When Steel And Guns Meets Bread And Butter, Daniel J. Graeber

Human Rights & Human Welfare

Speaking before the 191-member United Nations in 2005, then-British Prime Minister Tony Blair said that "For the first time . we are agreed that states do not have the right to do what they will within their own borders but that we in the name of humanity have a common duty to protect people where their own governments will not." This notion, that of responsible sovereignty , says that nation states forfeit the right to uninterrupted internal freedoms when they no longer uphold the responsibilities associated with sovereignty.

Exile: Why The Human Rights Council Will Not Work, Daniel J. Graeber

Human Rights & Human Welfare

The Economist writes in an April 24th edition that the U.N.’s Human Rights Council, the predecessor to the sixty-year-old U.N. Commission on Human Rights, is a “one-sided Israeli-bashing” organization. The Economist argues that the inclusion of second- and third-tier countries from the Organization of Islamic Conference (OIC) and the Non-Aligned Movement (NAM) makes it a forum for targeting offenses committed by the Israeli government against the Palestinian people.

Christina M. Cerna On Truth And Reconciliation In South Africa, Did The Trc Deliver? Edited By Audrey R. Chapman And Hugo Van Der Merwe. Philadelphia: University Of Pennsylvania Press, 2008. 346 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

Truth and Reconciliation in South Africa, Did the TRC Deliver? Edited by Audrey R. Chapman and Hugo van der Merwe. Philadelphia: University of Pennsylvania Press, 2008. 346 pp.

The Myth Of Membership: Reforming The U.N. Human Rights Council, Sonia Cardenas

Human Rights & Human Welfare

The purportedly new-and-improved Human Rights Council is, by most accounts, failing to live up to its promise. Critics accuse the Council of following in the footsteps of its predecessor the U.N. Human Rights Commission because it permits rights abusers among its ranks and it focuses overwhelmingly on Israel. The dominant assumption, articulated by the United States, is that this is a problem of membership; more stringent criteria would result in a less biased body. This, however, is wishful thinking. Changing the rules of membership would only substitute one set of biases for another. A productive dialogue about reforming the Human …

June Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"A Screaming Start: The UN and Human Rights." The Economist. April 24, 2008.

The Human Rights Council: A Failure In Global Governance, Eric K. Leonard

Human Rights & Human Welfare

“The UN and Human Rights: A Screaming Start,” makes several valid points of concern in regards to the recently formed Human Rights Council. As the article stipulates, in many ways the Council does not look radically different from its predecessor, the Human Rights Commission, in that it fails to provide membership regulations that would keep “not free” states of the Council (with only twenty-three out of forty-seven states defined as free) and it lacks the clout in the political hierarchy to truly accomplish anything of substance. However, the article does point out that the one mechanism that could prove useful …

The International Security Presence In Kosovo And The Protection Of Human Rights, Federico Sperotto

Human Rights & Human Welfare

On March 11th, 2000, two children who were playing in the neighborhoods of Mitrovica, Kosovo, got hurt by an “unexploded ordnance”. One of them died in the explosion, the other was severely injured. An inquire clarified that the ordnance was a “bomblet”, a part of a cluster bomb dropped during the 1999 NATO air campaign against the Federal Republic of Yugoslavia.

© Federico Sperotto. 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 …

Sport And Politics, Christine Bell

Human Rights & Human Welfare

I found the reflection interesting, but unsurprising. Protestors use the Olympic spotlight (or should we say torch?) to shine on China’s flaws, and China tries to re-direct or extinguish its beams.

"Instant Karma": How Globalization Contests China's Abuses, Alison Brysk

Human Rights & Human Welfare

China’s rise from impoverished backwater to prospective superpower has been accompanied by the repression of tens of millions of its own people, at the hands of a nationalist, developmentalist government. Under contemporary conditions of globalization, suppression of civil liberties, domination of ethnic minorities, and unholy alliances with resource-rich dictatorships are no longer plausible requisites of this model—if they ever were. The broadening and deepening of economic globalization towards a more sustainable complex of political influence involves “soft power,” including international reputation and norms. Thus, China’s Olympian reach for true hegemony provides the best chance for human rights advocates to weave …

Beijing's Olympics: Pride, Appearance And Human Rights, Thomas Beal

Human Rights & Human Welfare

One lazy summer evening in Beijing, about fifteen years ago, my wife and I were strolling down Jianguomenwai, the bustling street adjacent to our flat in the Qijiayuan Diplomatic Compound. The day had been sweltering, and as the sun began to set the sidewalks filled with pedestrians who, like us, had escaped their stuffy apartments to take in a cool, soothing breeze.

The Olympic Spotlight: The Beijing Games And China As A Future World Leader, Eric A. Heinze

Human Rights & Human Welfare

According to Jeffrey Wasserstrom’s article, if the Chinese think they can censor the Olympics, and the political showcasing that will almost certainly accompany them, they are sorely mistaken. I am persuaded by the thrust of this argument. I just hope that as China vies for global leadership and influence, whatever truths the Olympic spotlight reveals about its potential in this regard are more farcical than tragic.

Seductions Of Imperialism: Incapacitating Life, Fetishizing Death And Catastrophizing Ecologies, Anna M. Agathangelou

Human Rights & Human Welfare

“China’s Olympic Delusion” is a great piece which gestures to the ironies and/or contradictions of political systems in bed with imperialist-capitalism as we know it at this time: the tensions between a dominant idea that liberal democracy is the best political system to pay attention to and address human rights, and capitalism with no limits, can go hand-in-hand. This is merely the delusion, and also the fantasy, that keeps “us” (i.e., citizens, intellectuals etc) put, and from thinking critically.

Slavery And "Abuse Regeneration", Christine Bell

Human Rights & Human Welfare

Skinner’s depiction of modern day slavery is graphic and challenging. Anyone viewing prohibitions on slavery, or abolition, as historical anachronism, or requiring reinterpretation for modern-day practices, must think again. Skinner persuades us that slavery in its most old fashioned sense is alive and well and, worse than that–on the rise.

Slavery: From Public Crime To Private Wrong, Alison Brysk

Human Rights & Human Welfare

The fight against slavery was the first international human rights movement, and the elimination of legalized bondage represented a hallmark of Western civilization. But the persistence and revival of this ancient evil shows that in an era of globalization, a prohibited public crime has morphed into a massive private wrong.

Combating The Slave Trade: Why Governments Are Not Good At Governing, Eric A. Heinze

Human Rights & Human Welfare

It is difficult to read Benjamin Skinner’s revealing piece on the international slave trade and not feel revolted that we still live in a world where so many people live in bondage. What is particularly disturbing is that much of the modern-day slave trade takes place with the full knowledge, and even acquiescence of, state governments.

Deconstructing International Criminal Law, Kevin Jon Heller

Michigan Law Review

After nearly fifty years of post-Nuremberg hibernation, international criminal tribunals have returned to the world stage with a vengeance. The Security Council created the International Criminal Tribunal for the former Yugoslavia ("ICTY") in 1993 and the International Criminal Tribunal for Rwanda ("ICTR") in 1994. Hybrid domestic-international tribunals have been established in Sierra Leone (2000), East Timor (2000), Kosovo (2000), Cambodia (2003), Bosnia (2005), and Lebanon (2007). And, of course, the international community's dream of a permanent tribunal was finally realized in 2002, when the Rome Statute of the International Criminal Court ("ICC") entered into force. This unprecedented proliferation of international …

War Tales And War Trials, Patricia M. Wald

Michigan Law Review

In this foreword, I will compare my experiences as a judge on the International Criminal Tribunal for the former Yugoslavia, and the work of war crimes tribunals generally, with a few of the recurrent themes in epic tales of war. Books and trials strive to educate and to persuade their audiences of the barbarity of war and its antipathy to the most fundamental norms of a humane society.3 War crimes tribunals began with Nuremberg and have proliferated in the past fifteen years. These tribunals were established to try and to punish individuals for violations of international humanitarian law ("IHL")-the so-called …

Judging Sex In War, Karen Engle

Michigan Law Review

Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual violence …

The Dominican Republic And The Un Human Rights Treaty System, Luis Pomares

Journal of Race, Gender, and Ethnicity

No abstract provided.

March Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Waving Goodbye to Hegemony” by Parag Khanna. New York Times Magazine. January 27, 2008.

Heather Heckel On Child Soldiers: From Violence To Protection By Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 Pp., Heather Heckel

Human Rights & Human Welfare

A review of:

Child Soldiers: From Violence to Protection by Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 pp.

Richard Burchill On Contemporary Human Rights Ideas By Bertrand G. Ramcharan. New York, Ny : Routledge, 2008. 192 Pp., Richard Burchill

Human Rights & Human Welfare

A review of:

Contemporary Human Rights Ideas by Bertrand G. Ramcharan. New York, NY : Routledge, 2008. 192 pp.

A Growing Concern: Modern Slavery And Agricultural Production In Brazil And South Asia, Justin Campbell

Human Rights & Human Welfare

The modern use of slave labor in the production of agriculture takes many forms. In Brazil, the ability of powerful landowners to repress poor workers is an important element of large-scale agricultural production. In South Asia, cultural norms and traditions are used to exploit the most vulnerable communities. In both examples, inequity and poverty are implicit, and debt is a tool used to legitimize bondage.

Memory And Violence In Israel/Palestine, K. M. Fierke

Human Rights & Human Welfare

A review of:

Israeli and Palestinian Narratives of Conflict: History’s Double Helix, edited by Robert I. Rotberg. Indiana University Press, 2006.

and

Memory and Violence in the Middle East and North Africa, edited by Ussama Makdisi and Paul A. Silverstein. Indiana University Press, 2006.

The Dark Side Of Labor In China, Karine Lepillez

Human Rights & Human Welfare

With a population of 1.3 billion and a gross domestic product growing at an impressive rate of 10 percent per year, China has quickly become one of the largest contributors to the global market. Deng Xiaoping’s reforms of the late 1970s and early 1980s vastly improved the country’s standard of living and made economic development possible; unfortunately, China’s remarkable growth has a dark side: the forced labor of men, women and children. The country’s unique combination of Communist ideology and decentralized economic power has contributed to the use of both state-sanctioned and unsanctioned forced labor, the latter of which is …

Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood

Vanderbilt Journal of Transnational Law

This Article examines the application of the Supreme Court of India's enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women's rights. India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions. This tension is reflected in the decisions of the Supreme Court, which has assumed an active role in enforcing women's rights through PIL but is sometimes limited in this regard by the complex cultural context in which it operates. Based on an analysis of Indian constitutional …

Comparative Models Of Reporting Mechanisms On The Status Of Trafficking In Human Beings, Mohamed Y. Mattar

Vanderbilt Journal of Transnational Law

A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made …

Matthew S. Weinert On A Decade Of Human Security: Global Governance And New Multilateralism By Sandra Maclean, David Black, And Timothy Shaw. Aldershot, Uk: Ashgate, 2006. 264 Pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

A Decade of Human Security: Global Governance and New Multilateralism by Sandra MacLean, David Black, and Timothy Shaw. Aldershot, UK: Ashgate, 2006. 264 pp.

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.