International Humanitarian 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.

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.

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 …

Corruption And Crime In The East: Organized Crime And Human Trafficking In Russia And Ukraine, Danielle Mossbarger

Human Rights & Human Welfare

Russian culture and life are uniquely fascinating. Rarely has such magnificence, potential, and wonder been so dramatically juxtaposed to such tremendous terror, poverty, and struggle. The state has an almost mystical aura about it, simultaneously intriguing and repellant. Sharing more in Russia’s failures than in its successes, Ukraine is deeply bound to its former communist overlord in history and in modernity. As the world’s leading exporters of women, these two former Soviet strongholds have perfected the merge between organized crime and human trafficking, severely hindering national efforts to fully emerge from the shadows of the Soviet era. As the modus …

Human Rights In China: Introduction, Hsiu-Lun Teng

Human Rights & Human Welfare

The People’s Republic of China has experienced rapid and cardinal changes in its political, economic, and societal realms over the past thirty years. These changes, in conjunction with China’s political and economic policies abroad, have left recognizable imprints on a variety of human rights issues. The human rights issues discussed in this digest cover both domestic and international dimensions.

Trafficking Of Women And The Harmonious Society: The Chinese National Plan Of Action On Combating Trafficking In Women And Children Within The Context Of Chinese Patriarchy And Reform, Sean Michael Barbezat

Human Rights & Human Welfare

The Chinese National Plan of Action on Combating Trafficking in Women and Children, an evolution of prior regional cooperative work in coordination with the United Nations Inter-Agency Project on Trafficking (UNIAP), is a considerable accomplishment. It represents a comprehensive, practical foundation for counter-trafficking work, and addresses the most serious concerns raised by Chinese and international anti-trafficking research over the last dozen years. However, a statement of this magnitude produced by a state not known for its sweeping human rights instruments leads to suspicion.

Tibet Under Chinese Rule, Dina Buck

Human Rights & Human Welfare

The struggle between Tibet and China has been a long and intractable one. How China chooses to deal with Tibet, commonly referred to as the “Tibet Question,” is a point of controversy both within China and for the international community at large. The two main points of concern are Tibet’s quest for self-determination and Tibetan quality of life under Chinese rule. While Tibet’s struggle for self-determination can be linked with the questionable treatment Tibetans face under the Chinese government (hereafter referred to as Beijing), the two issues are not exactly the same.

Uyghurs Under The Chinese State: Religious Policy And Practice In China, Katie Corradini

Human Rights & Human Welfare

The government of the People’s Republic of China (PRC) is notorious for committing human rights violations. These violations include infanticide, human trafficking, violent enforcement of the one-child policy, and religious persecution. The international community commonly overlooks religious persecution of the Uyghurs, who are targeted and often oppressed by the Chinese government. China is arguably the center of the political and economic international system but, as the Uyghur diaspora expands to developed countries, including the United States, the rest of the world must understand the issues at the forefront of the conflict.

Chinese Women And Economic Human Rights, Lisa Fry

Human Rights & Human Welfare

Women’s human rights in China have an intriguing history and a challenging present. In ancient China, Confucianism espoused the virtues of silent women who stayed at home. During the Maoist period, on the other hand, gender equality was prioritized by the state, and women were equally appointed to leadership positions and agricultural collectives with men. After Mao’s death, the country transitioned to a social market economic system that resulted in a loss of state support for gender equity. Today, the rights of women in China are not clearly defined, protected, or promoted. China’s patriarchal traditions have reasserted themselves, obstructing women’s …

Why China Supports Burma’S Dictators, Dustin Stokes

Human Rights & Human Welfare

Burma, also known as Myanmar, is governed by a repressive dictatorship that is guilty of numerous human rights abuses. Political prisoners, oppressed women and ethnic minorities, and child soldiers are examples of human rights violations in Burma. Burma’s government benefits from its relationship with China, whose support for the dictatorship is motivated by its own economic and strategic interests. The United States and its Western allies must alter their existing Burma policy, which has been part of the problem, in order to help end the suffering of the Burmese people.

Transforming Children Of War Into Agents Of Change, Brooke Breazeale

Human Rights & Human Welfare

Since the turn of the century, Sub-Saharan Africa has experienced the fastest growing rate of child soldiers. Consider the following statistics:

• An estimated 60 percent of child soldiers in Africa are fourteen years old and under (Singer 2006: 29);
• In Uganda the average age of personnel in armed forces is 12.9 (Singer 2006: 29);
• Since 1990, two million children have been killed in armed conflict, the equivalent of five hundred per day for ten years (Singer 2005).

Political Oppression In Sub-Saharan Africa, Alayna Hamilton

Human Rights & Human Welfare

Relative to social and economic rights, there is little discourse on the issue of political rights in sub-Saharan Africa (SSA). This fact is attributable to the pressing problems of lack of access to food and healthcare that plague millions of people in the region. However, without the observance of political (and civil) rights, economic development, wealth redistribution, and basic social order may be compromised. Contrary to arguments that insist that economic growth and social stability often require the limitation of political rights, political rights are a necessary requisite for promoting civilian support of governmental policies. Without political rights, equitable policies …

Considering The International Monetary Fund And World Bank: Lending Effectiveness In Sub-Saharan Africa, Daniela A. Wohlwend

Human Rights & Human Welfare

Sub-Saharan Africa is a place of unequivocal beauty, diversity and history; it is also the most impoverished and neglected area on the planet. With an objective look at what has gone wrong in the past five decades of International Monetary Fund and World Bank lending, along with strategic assessment and planning, sub-Saharan Africa does not have to remain the home to unimpeded, rampant poverty.

African Aid And Success: Four Keys, Susan Paganelli

Human Rights & Human Welfare

Aid to Sub-Saharan Africa (SSA) has occasional success stories, but they are intermingled amongst tales of waste and failure. The stark reality is that more of the population of SSA is chronically undernourished in the present decade than it was in 1992 and 50 percent of the population is still considered to be living in extreme poverty. These problems persist in spite of the $650 billion given in aid to Africa by the world’s concerned countries since 1960 (Sunderberg and Gelp 2006). It is clear that money and good intent are not sufficient to alleviate the suffering in Africa.

Human Rights Abuses Along The Dominican-Haitian Border, Calla Cloud

Human Rights & Human Welfare

A 122 mile-long border separates the Dominican Republic and Haiti on the Caribbean island of Hispaniola. Of the two countries, Haiti’s human rights abuses are much more somber than the emerging developments of the Dominican Republic. Haiti’s stagnant economic situation has contributed to perennial political instability and lack of infrastructure, having a particularly confounding affect on the rights and labor conditions of Haitian citizens. There are a myriad of reasons why Haiti is the poorest country in the Western Hemisphere. Two of the most prominent include its violent political history and the gradual deterioration of its economy. In the context …

Indigenous Rights In Latin America: The Gap Between Doctrine And Reality, Dan Ruge

Human Rights & Human Welfare

Indigenous people are prevalent across Latin America, with numbers reaching upwards of 70 percent of the general population in certain countries. Given their strong ancestral ties to the land and cultural practices, these groups have remained hidden and isolated from mainstream populations and the forces of globalization. For many groups, the limited interactions between indigenous people and the outside world have sadly been harmful to the survival of these communities. The discovery and exploitation of oil and other natural resources have led to the destruction of property, culture, and lives of indigenous groups. The uprooting and extinction in some cases …

Moving Beyond Divisive Discourse: Latin American Women In Politics, Ursula Miniszewski

Human Rights & Human Welfare

On June 25, 1993 the United Nations General Assembly held the World Conference on Human Rights, which adopted the Declaration and Programme of Action that states, “The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community.” On September 18, 2008 The New York Times quoted Senator Cecilia López Montaño …

The Limits Of International Humanitarian Law, Melissa Eli

Human Rights & Human Welfare

The goal of international humanitarian law is to humanize war in an effort to minimize human suffering and the long-term negative consequences of war. However, despite the adoption by most countries of the Geneva Conventions and other relevant agreements, crimes of war occur in every conflict around the world on a regular basis. Additionally, as the form of warfare changes, so does the implementation and consequences of various war crimes. Genocide, systematic rape, and the use of child soldiers are three of the most significant war crimes facing sub-Saharan Africa today. Each has consequences so severe that specific international laws …

Human Trafficking In The People’S Republic Of China, Annie Dullum

Human Rights & Human Welfare

As China rises to become a superpower and is placed in the national spotlight as the host for the upcoming 2008 Beijing Olympics, China is struggling to represent its ability to be powerful and stable within its own borders resulting from a staggering human rights record. Among the policies contributing to human rights violation, population controls are in place that create barriers to residence and immigration, which means that desperate individuals cannot legally move to other countries. As well, Chinese citizens are vulnerable to the practices of traffickers who move individuals illegally around the world.

Revisiting Human Rights In Latin America: Introduction, Christina Cerna

Human Rights & Human Welfare

This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.

Child Labor In Latin America: Poverty As Cause And Effect, Michaelle Tauson

Human Rights & Human Welfare

Throughout much of the developing world, children make up an alarming portion of the workforce. These children are robbed of their childhood in order to provide economic supplementation to their families. According to the International Labor Organization (ILO), 5.7 million children in Latin America participate in the regional workforce (2006). It is a common misconception that children, who do not participate in the formal workforce, are not child laborers. However, the ILO defines child labor as any work that is detrimental to a child’s well-being or interferes with a child’s education. Due to the many categories and classifications of child …