Law Commons^™

Cursing Cambodia, Charli Carpenter

Human Rights & Human Welfare

Joel Brinkley has written a heartbreaking piece in Foreign Affairs about Cambodian society thirty-five years after Pol Pot. We are presented with anecdote after anecdote about historical trauma, corruption, and poverty. It’s a depressing picture, and an important country case to have on the US’ foreign policy radar screen.

No Show, Mark Gibney

Human Rights & Human Welfare

For someone of my generation, any mention of Cambodia conjures up a jumble of images and emotions—albeit, nearly all from the distant past. Always appearing, but in no particular order, would be: the revelation of Nixon’s secret war; the killings at Kent State; strikes that closed down a number of American college campuses; Pol Pot; the seemingly endless debate whether to use the term Cambodia or the more radical “Kampuchea”; Prince Sihanouk; and last but certainly not least: the Khmer Rouge as the personification of a Third World liberation movement.

New Government In Cambodia, Tyler Moselle

Human Rights & Human Welfare

The government of Cambodia is replete with corruption and does not respond adequately to the needs of its citizens according to Joel Brinkley’s Foreign Affairs article “Cambodia’s Curse.” Pol Pot, the killing fields, and the Khmer Rouge still linger in the memories of most Americans when Cambodia’s name is mentioned. Yet, the country is currently languishing in the arms of an unresponsive governing elite whose fortunes may continue to improve due to oil and continuous aid grafting.

Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams

Law and Contemporary Problems

Williams describes the Truth and Reconciliation Commission (TRC) process that was put into place in Greensboro NC. That process was set up to address community hostilities that had been festering for more than twenty years, since the 1979 killings of black protesters by Ku Klux Klansmen and American Nazis. In that case a grassroots-initiated TRC was formed to address the community problems, but it was not backed by the local government and it lacked the ability to grant amnesty or to subpoena witnesses. Community members had very different views regarding the necessity and likely helpfulness of the TRC. She concludes …

Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish

Journal Articles

This Introductory Note to the publication in ILM of the newly-adopted Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) seeks to put the primary source document in proper context by briefly explaining its history, content, and significance in international law. The Note is accompanied by the text of the OP-ICESCR, adopted by the U.N. General Assembly on December 10, 2008 to commemorate the 60th anniversary of the Universal Declaration of Human Rights. The OP creates an individual complaints procedure for alleged violations of the ICESCR, rectifying a thirty year asymmetry in human rights treaty law.

A Coincidental Trip To Cambodia, Rebecca Otis

Human Rights & Human Welfare

In a timely coincidence, Henry Alford’s recent travel article, “Banishing the Ghosts in Cambodia,” recently tantalized this reader with visions of a destination vacation in mind. Written for the travel-inspired readership of the New York Times, Alford’s version of Cambodia as a newly reborn hotspot for far flung Westerners approaches the point of lulling his decidedly non-Cambodian audience into pleasantly myopic vision of a plush Cambodian phoenix fully risen from its mired ashes. Amidst the outcropping of chic resorts and beautiful beaches reincarnated from the elegant, pre-Khmer Rouge moment of Cambodia’s forgotten past, Alford banishes the ghosts of Pol Pot’s …

A Curse Not Limited To Cambodia, Chandra Lekha Sriram

Human Rights & Human Welfare

Brinkley’s piece draws welcome attention to the virtual farce of hybrid justice now underway in Cambodia, although the emphasis of the piece on the prevalence of corruption de-emphasizes a broader point: human rights protections are not respected in Cambodia, and serious accountability for the abuses by the Khmer Rouge or any subsequent abuses are unlikely, not merely because leaders are corrupt, but because the wide scale culture of impunity makes the protection of human rights and functional rule of law virtually impossible.

March 16, 2009: Proposition 8 And The Threat Of, And To, Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “Proposition 8 and the Threat of, and to, Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Measuring The Unconscionable, Sarah Stanlick

Human Rights & Human Welfare

The combination of level-headed scientific approaches and passionate activism seems at first glance an incompatible relationship. For the passionate humanitarian, there is a hesitation in fear of "selling out" to the black and white world of science, that science would somehow take the "human" dimension away from human rights. However, the bigger issue-and opportunity-is the multitude of ways that the partnership between scientific method and human rights can yield possibilities and innovations. As described in Sonia Shah's piece in The Nation , scientists are coming together to lend their unique skills and perspective to the ever-changing global status of human …

Scientists Have Been Out For Some Time Now: A Response To Sonia Shah, Clair Apodaca

Human Rights & Human Welfare

Sonia Shah's categorization of the scientific community as having been "by and large. impassively unmoved [by human rights], churning out their papers, applying for grants and debating esoterica at their private professional meetings" is grossly inaccurate on at least two accounts.

Scientists Promoting Human Rights, Edward Friedman

Human Rights & Human Welfare

Scientists have long been involved with work to protect fundamental human rights. The activities of the Federation of American Scientists to expose the health impact of nuclear testing in the atmosphere is typical. In the Soviet Union , many of the leading human rights activists, starting with the great Andrei Sakharov , were scientists. The same is true in China where a major intellectual force inspiring China's 1989 democracy movement was Fang Lizhi , an astrophysicist. Often their contribution to military security even gives them a little bit of protection.

March Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Scientists Come Out for Human Rights ” by Sonia Shah. The Nation. January 27, 2009.

Enlightenment: Science And Human Rights, Christien Van Den Anker

Human Rights & Human Welfare

The subject of science and human rights sparks off thoughts of how this link has historically and geographically been severed, which has the effect of finding it newsworthy that scientists speak out in favor of human rights.

The ancient Greek philosophers were not limited in their subject matters in the same way as we take for granted now: science, society and the self were all deliberated about both empirically and normatively. Moreover, there was no division of labor between thinkers about one or other of these subjects.

Pre-Islamic Persian influences also affected debates on science. In the Middle Ages with …

Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette

San Diego International Law Journal

According to the United Nations High Commission for Refugees (UNHCR), "[n]o region of the world has been left untouched by the statelessness issue." International law defines a stateless person as someone "who is not considered as a national by any state under the operation of its law." Yet across the nations, stateless persons do not desire citizenship simply for the sake of citizenship. Ultimately, citizenship, or membership in a nation, provides a link between an individual and that nation and carries with it fundamental benefits and rights. Correspondingly,lack of citizenship translates into a denial of benefits and rights, including basic …

February 23, 2009: The Decline Of Islam, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Decline of Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Protecting Human Rights In Conflict, Clair Apodaca

Human Rights & Human Welfare

The Just War Theory of Jus in Bello is the international community’s attempt to ensure respect for human rights and human welfare during armed conflicts. The principle of proportionality and the obligation to distinguish between combatants and civilians in attacks are two related notions that are fundamental to the protection of human rights during conflict. The principle of proportionality limits the amount of violence and destruction that is morally permissible. By contrast, the principle of discrimination (or distinction) discriminates between legitimate targets, such as soldiers and weapons depots, and illegitimate targets, specifically noncombatants such as civilian populations and their property.

Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman

Human Rights & Human Welfare

The relationship between promoting human rights and stopping wars can be perplexing. The 19th century origins of the Geneva Convention and the International Commissions of the Red Cross (ICRC) are warnings about the moral danger, ambiguities, or tensions of bringing war within the arena of human rights considerations. Human rights and war can be a toxic cocktail. One should not want to make war more likely or legitimate or deadly by seeming to say that the killing machine on one side or the other is acting humanely, as if that makes war okay. War is hell.

Proportionality And Unjust Wars, Sarah Stanlick

Human Rights & Human Welfare

As violence rages in the Middle East, policymakers, academics, and the public alike have been embroiled in debate over the proportional use of force. As The Economist article points out, historical grievances leave both Israelis and Palestinians with compelling arguments for defense and resistance. However, at this point, the cycle of violence has perpetuated blame that goes beyond a simple tally sheet. World leaders remain divided on the rights and wrongs of the Israeli-Palestinian conflict, but human rights groups internationally are crying out for Israel and Hamas to end attacks that “do not discriminate between civilians and military targets.” While …

Proportional To Life, Emma Gilligan

Human Rights & Human Welfare

The Economist piece entitled “Proportional to what?” poses a dangerous question. The notion, as the article suggests, that proportionality in war is a “slippery idea” or that the facts are “nebulous” is the work of either an intentionally provocative or idly cynical author. Whatever the motivation for the words, it is precisely the dismissive tone embodied in such statements that has contributed to and defined the attitude more recently of larger states, like Israel and Russia, to issues of accountability for the death of civilians.

Healing From War To End All Wars, Christien Van Den Anker

Human Rights & Human Welfare

The First World War was known as the war to end all wars. After the Second World War, and especially in reference to the Holocaust, the urgent slogan was “Never Again.” Although these hopes to end war and genocide have not yet been fulfilled, they inspired the worldwide moral stance against war and a host of international instruments and bodies contributed to the protection of both civilians and combatants during war.

February Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Proportional to What?” The Economist. December 30, 2008.

Darfur: In Search Of Peace Exploring Viable Solutions To The Darfur Crisis, George Shepherd, Peter Van Arsdale, Negin Sobhani, Nicole Tanner, Frederick Agyeman-Duah

Human Rights & Human Welfare

The following is a report for the Consultation on Darfur carried out in Nairobi, Kenya by Africa Today Associates, Inc. The event took place June 9‐11, 2008 and was made possible with support from Ford Foundation, Kenya (in collaboration with the Institute of International Education). This report aims to build upon, not replace, the findings of our Consultation in Abuja, Nigeria. It is for this purpose that the findings and points addressed in this report are solely those discussed in Nairobi. Although it is inevitable that the two consultations reflected some overlap on the core issues and discussion points, especially …

The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay is about the design of the mandate of the United Nations Human Rights Council, which was hammered out after a year of negotiations within the General Assembly and then another year within the newly-created Council itself

The European Court’S Political Power Across Time And Space, Karen Alter

Faculty Working Papers

This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …

The Effectiveness Of Economic Sanctions: The Case Of Cuba, Sven Juhn Von Burgsdorff

Intercultural Human Rights Law Review

This paper starts with a review of more recent scholarship on the effectiveness of economic sanctions, with a particular focus on the question of whether sanctions succeeded in promoting respect for human rights and democracy. On the basis of available evidence, this will lead to some concluding remarks on those aspects which are likely to make economic sanctions a successful foreign policy tool. We will then look at the case of Cuba and the impact of the U.S. embargo and existing economic restrictions. A concluding chapter will finally suggest a number of general policy lessons for the U.S. and the …

A View From Below: Grassroots Perspectives On Human Rights, The U.S. Embargo And Everyday Life In Contemporary Cuba, Katrin Hansing

Intercultural Human Rights Law Review

I would like to contribute to today's discussion by doing two main things: (1) by looking at the issues at hand, i.e. U.S. policy towards Cuba, in particular the U.S. embargo, as well as the human rights situation on the island, from a Cuban grassroots perspective i.e. share with you how average Cubans think and feel about these issues; and (2) reflect on some of the changes and continuities and the tensions between the two that have taken place in Cuban society over the past ten to fifteen years and how these processes may factor into future developments both on …

Why Human Rights Confuse The Sanctions Debate: Towards A Goal-Sensitive Framework For Evaluating United Nations Security Council Sanctions, Padraic Foran

Intercultural Human Rights Law Review

The article searches for a comprehensive moral framework by which to evaluate United States Security Council sanctions. It explores the goals of UNSC sanctions, finding that they largely match the goals of criminal punishment. It then concludes that the discourse of human rights, frequently deployed to justify sanctions, actually confounds these goals. For instance, where a sanction aims to deter, reform, incapacitate, punish, or exclude a state that violates human rights by denying political liberties, the sanction is usually protracted and is comparatively the least likely to its goal. Procedurally, a sanction fails in this situation because of a catch-22. …

Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust

William Mitchell Law Review

No abstract provided.

The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson

ILSA Journal of International & Comparative Law

The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.

Law, Religion And Violence: A Human Rights-Based Response To Punishment (By State And Non-State Actors) Of Apostasy, Ben Clarke

Law Papers and Journal Articles

This article examines Islamic law on the punishment of apostasy and its use and abuse by state and non-state actors to justify the taking of human life. It highlights the traditional view of Muslim jurists that apostates must be killed. This approach is contrasted with the growing body of juristic opinion that holds that neither the Qur’an nor authoritative hadith requires apostates to be executed. This debate has assumed greater importance since al-Qaeda and similar groups have sought to justify acts of violence on the grounds that they are engaged in lawful jihad against apostates, apostate governments and collaborators. The …