Human Rights Law Commons^™

Human Rights And The War On Terror: Introduction, Jack Donnelly

Human Rights & Human Welfare

War rarely is good for human rights. The decision of the United States to launch a “global war on terror” in response to the suicide airplane bombings in New York and Washington has had predictably negative human rights consequences. In combating a tiny network of violent political extremists, human rights have in various ways, both intentional and unintentional, been restricted, infringed, violated, ignored, and trampled in many countries, sometimes severely.

State-Building In Iraq, Hafsteinn Hafsteinnsson

Human Rights & Human Welfare

Whether the 2003 invasion of Iraq was principally strategic or humanitarian, the United States’ involvement in Iraq has become a complex state-building mission. While there is agreement within the international community on the importance of rebuilding a democratic Iraq, there are many conflicting viewpoints on how this operation should proceed.

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.

Colombia, Travis Ning

Human Rights & Human Welfare

The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …

Europe, Victoria Lowdon, Angela Woolliams, Robin Davey

Human Rights & Human Welfare

Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.

Israel, Sydney Fisher

Human Rights & Human Welfare

Israel and Palestine have been in an “interim period” between full scale occupation and a negotiated end to the conflict for a long time. This supposedly intermediate period in the conflict has seen no respite from violations of Palestinians’ human rights or the suicide bombings affecting Israelis. This section will provide resources spanning the issues regarding Israel, Palestine and how the human rights dimensions of this conflict interact with the war on terror. The issue of how both sides will arrive at peace remains a mystery.

Pakistan, Susannah Compton, Toni Panetta

Human Rights & Human Welfare

Following armed hostilities in 1947-1949 between India and Pakistan, the region once known as the Princely State of Jammu and Kashmir was divided. The disputed territory continues to split relations between Pakistan and India and the threat of war has been a daunting force as recently as 2002.

The Usa Patriot Act, Toni Panetta

Human Rights & Human Welfare

The events of September 11, 2001 serve as the origin of the United States’ War on Terror as popularized by the Bush administration. Previously, American strategies to combat terrorism focused on attacks against its interests abroad, and support for other governments’ efforts to curb terrorist acts within their own boundaries. However, September 11 revealed vulnerability to violence by non-state actors within U.S. borders. In response, the United States reshaped its anti-terrorist strategies to prevent future attacks by targeting terrorists, foreign and domestic, known and potential.

U. S. Foreign Policy, Charles Hess

Human Rights & Human Welfare

The historical connection between U.S. foreign policy and human rights has been strong on occasion. The War on Terror has not diminished but rather intensified that relationship if public statements from President Bush and his administration are to be believed. Some argue that just as in the Cold War, the American way of life as a free and liberal people is at stake. They argue that the enemy now is not communism but the disgruntled few who would seek to impose fundamentalist values on societies the world over and destroy those who do not conform. Proposed approaches to neutralizing the …

Uzbekistan, Chris Maggard

Human Rights & Human Welfare

The Central Asian republics have largely remained hidden from the world attention since they gained independence a decade ago. However, immediately following September 11th the region was brought into focus as a part of the US-led “War on Terror”. Uzbekistan became a full partner in this initiative when the government decided to allow the U.S. military full use of its territory in the invasion against Afghanistan . As Uzbek President Karimov has become willing to work with the West than neighboring countries, the debate in recent years has been how and to what extent, rather than whether or not the …

Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.

Income, Work And Freedom, Philip L. Harvey

ExpressO

The ability of public policies to secure the economic and social rights recognized in the Universal Declaration of Human Rights is proposed as a trumping supplement to the utility-maximization criterion of neo-classical welfare economics. Two progressive proposals for ending poverty and promoting personal development and freedom are then compared using this assessment criterion. The first proposal is that society guarantee everyone an unconditional basic income (BI) without imposing work requirements in exchange for the guarantee. The second proposal is that society use direct job creation to provide employment assurance (EA) for anyone who is unable to find decent work in …

John D. Becker On Islam, Liberalism, And Human Rights: Implications For International Relations By Katerina Dalacoura (Revised Edition). London: I.B. Tauris, 2003. 248pp., John D. Becker

Human Rights & Human Welfare

A review of:

Islam, Liberalism, and Human Rights: Implications for International Relations by Katerina Dalacoura (revised edition). London: I.B. Tauris, 2003. 248pp.

State Sovereignty And Human Rights, Jack Donnelly

Human Rights & Human Welfare

Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).

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. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …

Kathleen J. Hancock On Human Rights: International Protection, Monitoring, Enforcement By Janusz Symonides. Burlington, Vt: Ashgate Publishing, 2004. 416pp., Kathleen J. Hancock

Human Rights & Human Welfare

A review of:

Human Rights: International Protection, Monitoring, Enforcement by Janusz Symonides. Burlington, VT: Ashgate Publishing, 2004. 416pp.

Human Rights And The Neo-Conservative Project: What’S Not To Like?, Tom J. Farer

Human Rights & Human Welfare

Hegemony, as neo-cons argued in the 1990s, is not the mere possession of dominating power but also the will to use it on behalf of a coherent project. In the Clinton years, hegemony was only latent. The catastrophe of September 2001 created the circumstances in which it could be made real. To what end? There is not yet a single comprehensive statement of the neoconservative project and its premises.

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 …

Respecting, Protecting And Fulfilling Economic And Social Rights: A Un Security Council?, William Felice

Human Rights & Human Welfare

Prepared for presentation at the 2004 International Studies Association Convention. Montreal Quebec, Canada. March 17 – 20, 2004.

Please do not cite this draft manuscript without permission from the author.

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. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken …

Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch

BYU Law Review

No abstract provided.

Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach

Human Rights & Human Welfare

A review of:

Human Rights: Concept and Context by Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp.

Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson

Human Rights & Human Welfare

This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Lisa Schechtman On Social Work And Human Rights: A Foundation For Policy And Practice By Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Social Work and Human Rights: A Foundation for Policy and Practice by Elisabeth Reichert. New York: Columbia University Press, 2003. 295pp.

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.

Access To Health, Natalie Huls

Human Rights & Human Welfare

Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.

Matthew S. Weinert On Genocide In Cambodia: Documents From The Trial Of Pol Pot And Ieng Sary Edited By Howard Denike, John Quigley, And Kenneth Robinson. Philadelphia: University Of Pennsylvania Press, 2000. 559pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Genocide in Cambodia: Documents from the Trial of Pol Pot and Ieng Sary edited by Howard Denike, John Quigley, and Kenneth Robinson. Philadelphia: University of Pennsylvania Press, 2000. 559pp.

Can The Internet Be A Human Right?, Michael L. Best

Human Rights & Human Welfare

A review of:

Human Rights and the Internet edited by Steven Hick, Edward F. Halpin, and Eric Hoskins. New York: Palgrave Macmillan, 2000. 276pp.

Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Law against Genocide: Cosmopolitan Trials by David Hirsh. London: Cavendish/Glasshouse, 2003. 183pp.

Things & Ideas: Explaining Moral Evolution In International Relations, Amy Eckert

Human Rights & Human Welfare

A review of:

Argument and Change in World Politics: Ethics, Decolonization, and Humanitarian Intervention by Neta C. Crawford. New York: Cambridge University Press, 2002. 466pp.

Pinochet’S Chile: The United States, Human Rights, And International Terrorism, Todd Landman

Human Rights & Human Welfare

A review of:

International Human Rights and Authoritarian Rule in Chile by Darren Hawkins. Lincoln and London: University of Nebraska Press, 2002. 259 pp.

and

The Pinochet File: A Declassified Dossier of Atrocity and Accountability by Peter Kornbluh. New York and London: The New Press, 2003. 551 pp.

and

The Condor Years: How Pinochet and His Allies Brought Terrorism to Three Continents by John Dinges. New York: The New Press, 2004. 322 pp.