International Humanitarian Law Commons^™

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. …

In Search Of An “Action Principle”, Patrick J. Glen

Human Rights & Human Welfare

In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …

January Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“My compatriots' vote to ban minarets is fuelled by fear” by Tariq Ramadan. The Guardian. November 29, 2009.

Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill

Human Rights & Human Welfare

Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …

Of Minarets, Headscarves, And Cartoons, Kurt Mills

Human Rights & Human Welfare

It is difficult not to agree with Tariq Ramadan. The fear of and discrimination against Muslims in Western societies since 9/11 is clear and worrying. The anti-Muslim populism he cites is real, although it may also be part of a broader anti-immigrant populism. The posters he describes are extremely disturbing, and reminiscent of World War II propaganda. They are an artifact of fear of the misunderstood “other.”

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 …

Hope Over Experience?, Cath Collins

Human Rights & Human Welfare

Writing about US human rights policy from the outside is always a disconcerting experience. All bets are off, and all assumptions are turned on their head. Assumptions from the South looking North are that, rhetoric aside, US interests rarely if ever feature human rights protection and promotion in first place. What’s more, they have very frequently featured the opposite: dirty tricks, torture and rendition were sadly familiar to students of Latin American history long before Guantanamo. The Clinton years went some way towards reining in the more blatant contradictions of the 1980s, but they also set in train the easy …

From Inspiring Hope To Taking Action: Obama And Human Rights, Stephen James

Human Rights & Human Welfare

While President George H. Bush spoke of a new world order, and his “misunderestimated” son mangled the English language at countless press conferences, with Barack Obama the USA now has a talented orator as a president. There is a new word order. But does the new and skillful rhetoric match the reality when it comes to human rights?

The Statesman's Dilemma: Peace Or Justice? Or Neither?, Henry Krisch

Human Rights & Human Welfare

Just as I sat down to comment on President Obama and human rights, I glanced today's (November 19, 2009) The New York Times and found several opinion essays-careful in fact, thoughtful in tone, reasonable in argument-critical of Obama's approach during his recent visit to China toward Chinese human rights violations (mainly concerning Tibet but including also imprisoned lawyers, internet censorship, and persecution of Falun Gong.) The essayists considered various tactics for exerting American pressure on China regarding human rights. Common to all of them was a tone of rueful admiration for the political and diplomatic skill with which China fended …

Change We Can Believe In?, Katherine Hite

Human Rights & Human Welfare

We were warned to temper our high hopes for a bold new Obama era of human rights. After all, President Obama would have “a lot on his plate”: a serious economic crisis, high unemployment, over forty million people without health insurance, “two wars,” global volatility. But it’s very hard not to be dismayed by some of the continuities from the Bush to the Obama administration, as well as by some Janus-faced policy decisions with damning human rights implications. When it comes to US-Latin America relations, such decisions include: professing support for progressive immigration reform while expanding regressive anti-immigration measures; claiming …

December Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

Obama's speech to the United Nations General Assembly (September, 2009).

and

Does Obama believe in human rights? By Bret Stephens. The Wall Street Journal. October 19, 2009.

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

Healing the Past, Protecting the Future. By Alejandro Toledo. Americas Quarterly. July 13, 2009.

The Hidden Costs Of Terror, Cath Collins

Human Rights & Human Welfare

In this month’s featured article, former Peruvian president Alejandro Toledo (2001-2006) gives a thoughtful and insightful account of how post-atrocity accounting and reconstruction feels ‘from the top’. What can an incoming head of state possibly do or say that will redress and repair the social and human costs of decades of violence? What about the centuries of injustice and inequality that fueled the flames? In fact Toledo did perhaps as much as he could, and more than many thought he would be able to, in recognising and beginning to address the ethnic, class, and institutional faultlines that tore Peru apart …

The Peruvian Precedent, Katherine Hite

Human Rights & Human Welfare

In the early days of September 2009, former Peruvian Truth and Reconciliation Commission (TRC) president Salomón Lerner received a series of sick anonymous messages: “We will do to you what we did to your dogs.” Lerner’s two pet dogs had been fatally poisoned. The poisoning and the death threats against Lerner joined other vicious retaliations, including continuous attacks on another powerful human rights symbol, Lika Mutal’s “The Eye that Cries,” a sculpture in Lima that mourns the tens of thousands of Peruvian victims of internal armed conflict. In a twisted way, the poisoning, death threats, and attacks show that Peruvian …

From Atrocities To Security: A Parable From Peru, Stephen James

Human Rights & Human Welfare

I have no expertise on the domestic politics of Peru, but I know that its often violent past shares much with its Latin American neighbours. Though not a practice confined to this region, I also know that events in the region have made notorious the chilling euphemism “disappearances.”

The Limits Of Executive Action For Human Rights, Henry Krisch

Human Rights & Human Welfare

Between 2001 and 2006 Alejandro Toledo served as President of Peru. He entered office committed to, in his words, “restoring the democratic institutions that had suffered from a steady deterioration during the previous decade,” (that is, during the rule of former President Alberto Fujimori). Moreover, he took up the task of providing Peruvian society with “a full accounting of the atrocities that had occurred in previous decades.” This personal commitment to re-establishing a functioning democracy based on the rule of law, a commitment based in part on his participation in the anti-Fujimori demonstrations, lead him to seek an honest accounting …

A Human Rights-Oriented Approach To Military Operations, Federico Sperotto

Human Rights & Human Welfare

Counterinsurgency is the dominant aspect of US operations in Afghanistan, and since ISAF—the NATO-led security and assistance force—has assumed growing security responsibility throughout the country, it is also a mission for the Europeans.1 The frame in which military operations are conducted is irregular warfare, a form of conflict which differs from conventional operations in two main aspects. First, it is warfare among and within the people. Second, it is warfare in which insurgents avoid a direct military confrontation, using instead unconventional methods and terrorist tactics.

© Federico Sperotto. All rights reserved.

This paper may be freely circulated in electronic or …

Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland

Human Rights & Human Welfare

The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Women's Crusade. By Nicholas D. Kristof and Sheryl WuDunn. The New York Review of Books. August 17, 2009.

A Few Drops Of Oil Will Not Be Enough, Stephen James

Human Rights & Human Welfare

Nicholas Kristof and Sheryl WuDunn provide a rich description of the various kinds of violence, deprivation, depredation and exploitation that women experience on a vast scale in the developing world. They write of sex trafficking, acid attacks, “bride burning,” enslavement, spousal beatings, unequal healthcare (something the USA still struggles with), insufficient food, gendered abortions and infant and maternal mortality. They are right to identify the education of women and girls as part of the solution to the widespread “gendercide.” However, their approach focuses too much on the capacity, indeed the virtue or heroism, of individual women. It does not take …

From Outrage To Action, Henry Krisch

Human Rights & Human Welfare

Kristof and WuDunn provide a vivid panoramic view of problems faced by women (primarily in the “developing” world), what has been done and what more could be done to help them achieve dignity and autonomy in their lives, and how vindication of their rights could contribute to the broader social development of their societies. In this they provide us with important insights into how human rights might be effectively proclaimed and successfully implemented. In reviewing their considerable contributions, I shall also suggest some limitations on both their analysis and their policy recommendations.

From Armchair Reading To Action: Acknowledging Our Role In The Horror Of The Democratic Republic Of The Congo - And Doing Something About It., Shareen Hertel

Human Rights & Human Welfare

Reading Adam Hochschild's extraordinary account of ordinary people caught up in the horrific ravages of a civil war raging in the Democratic Republic of the Congo (DRC), I was struck by how incongruous my own encounter with this suffering is. I read his article over lunch, safe in the comfort of my own home. As a woman, I live largely without fear of the kind of brutal sexual violence that Hochschild opens his article with, as he related the story of a Congolese NGO worker who is herself a victim of multiple rapes.

If They Just Weren't So Rich!, Anja Mihr

Human Rights & Human Welfare

The deadliest war on earth-as it is called-in the Democratic Republic of Congo (DRC) will only end when the country's richness fades or is kept under surveillance. Human rights and peace might have a chance if Congo's lucrative diamond, gold or coltan mines were under shared control by non-profit agencies or international organizations with the intention to spread the mines' benefits and wealth among the Congolese people. Wishful thinking? Most likely it is, but what other alternative is there? The country's extraordinary wealth in natural resources is the main reason for the immense corruption, the extermination of entire villages, the …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Rape of the Congo. By Adam Hochschild. The New York Review of Books. August 13, 2009.

Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran

Human Rights & Human Welfare

When asked to discuss the humanitarian tragedy in the DRC, the question really is where to start? The article by Adam Hochschild discusses some of the most horrific events and experiences imaginable: widespread killings of unarmed civilians, rape, torture and looting, the recruitment of child soldiers, and the forced displacement of hundreds of thousands of people. The immediate human response is who is to blame, how did it happen and how can the world apparently do nothing?

Human Rights Law On Trial In The Drc, William Paul Simmons

Human Rights & Human Welfare

The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

What Next for Sri Lanka's 2.5 Million Tamils? by Amantha Perera. Time. May 26, 2009.

and

How to Defeat Insurgencies: Sri Lanka's Bad Example by Bobby Ghosh. Time, May 20, 2009.

Moving Beyond Conflict In Sri Lanka: The Economic Rights Dimension, Shareen Hertel

Human Rights & Human Welfare

Much of the literature on transitional justice underplays the role of economic rights in shoring up peace. The case of Sri Lanka demonstrates the urgency of addressing them. Until a month ago, Sri Lanka was the country with Asia’s longest running civil war. Since independence in 1947, the island nation has been wracked by conflict between the Sinhalese majority and the Tamil minority—a conflict that has eroded political stability and aggravated internal inequalities. The struggle was marked not only by inter-ethnic and religious tensions but also by a fight for control over land and resources.

The War Goes On - No Reconciliation At This Stage, Anja Mihr

Human Rights & Human Welfare

The victorious Sri Lankan President Mahinda Rajapaska has been quite bold to pass a reconciliation note after he declared the thirty year war over. Can he be taken seriously?

Moving In The Open Daylight, Nicola Colbran

Human Rights & Human Welfare

The road ahead for Sri Lanka is certainly not easy. Although the government has declared that the LTTE ( Liberation Tigers of Tamil Eelam) has been defeated, this “victory” has come at a high cost for civilian lives and democratic values. Decades of instability and violence have given rise to deep rooted and sustained human rights violations. Thousands of Sri Lankans have been displaced, killed or wounded, and are malnourished and traumatized after months of extended fighting between the two sides.