International Humanitarian Law Commons^™

Forced Child Labor And Cocoa Production In West Africa, Marjie Sackett

Human Rights & Human Welfare

The cocoa industry has profited from the utilization of forced labor in West Africa since the late 1800s. Despite the Portuguese decree in 1876 abolishing slavery, and the release of cocoa plantation slaves, slave labor was quickly reemployed, aided by the exploitation of legal loopholes and government officials willing to turn a blind eye. In 1905, after hearing reports of unfavorable labor conditions, William Cadbury dispatched a member of the Anti-Slavery Society to investigate the cocoa plantations. Upon receiving confirmation of human rights violations, Cadbury boycotted Portuguese cocoa and persuaded two other chocolate firms to do the same. Cadbury’s actions …

Tugba Basaran On The Rights Of Refugees Under International Law By James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp., Tugba Basaran

Human Rights & Human Welfare

A review of:

The Rights of Refugees Under International Law by James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp.

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.

Privatization, Efficiency, Gender, Development, And Inequality— Transnational Conflicts Over Access To Water And Sanitation, Srini Sitaraman

Human Rights & Human Welfare

A review of:

Earth Democracy: Justice, Sustainability, and Peace by Vandana Shiva. Boston, MA: South End Press, 2005.

and

Gender, Water, and Development edited by Anne Coles and Tina Wallace. New York: Berg, 2005.

and

Dams and Development: Transnational Struggles for Water and Power by Sanjeev Khagram. Ithaca, NY: Cornell University Press, 2004.

Bonded Labor In India, Devin Finn

Human Rights & Human Welfare

Bonded labor, which is characterized by a long-term relationship between employer and employee, is usually solidified through a loan, and is embedded intricately in India’s socio-economic culture—a culture that is a product of class relations, a colonial history, and persistent poverty among many citizens. Also known as debt bondage, bonded labor is a specific form of forced labor in which compulsion into servitude is derived from debt. Categorized and examined in the scholarly literature as a type of forced labor, bonded labor entails constraints on the conditions and duration of work by an individual. Not all bonded labor is forced, …

The Economic Foundations Of Contemporary Slavery, Justin Guay

Human Rights & Human Welfare

“Slavery existed before money or law” (Hochschild 2005). Indeed the “peculiar institution” is one of humanity’s oldest. It has, however, evolved and manifested itself quite distinctly in different periods of history. In contrast to historical views of slavery that are associated with Chattel Slavery, numerous forms fall under the umbrella term of contemporary slavery. The United Nations (U.N.) Working Group recognizes such radically new forms as: child labor, children in conflict, trafficking in persons, sexual exploitation, and the sale of children. The International Labor Office (ILO) approaches the topic through the lens of forced labor. The ILO recognizes slavery and …

Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet

Human Rights & Human Welfare

A review of:

Why Not Kill Them All? The Logic and Prevention of Mass Political Murder by Daniel Chirot and Clark McCauley. Princeton University Press, 2006. 288 pp.

and

The Order of Genocide: Race, Power, and War in Rwanda by Scott Straus. Cornell University Press, 2006. 273 pp.

and

The Witnesses: War Crimes and the Promise of Justice in the Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 252 pp.

Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz

Human Rights & Human Welfare

From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.

© Susan Waltz. All rights reserved.*

*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.

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 …

Iraqi Resettlement: Why Congress Won't Act, Daniel J. Whelan

Human Rights & Human Welfare

After making an excellent case for the plight of Iraqi asylum seekers who have served as valuable allies to the United States in Iraq, Joseph Huff-Hannon’s article suggests that Congress should play a stronger role in developing a resettlement policy to allow Iraqis, who have been on “our side,” to come to the U.S. Given the current political climate on Iraq—and with Congressional Democrats desperate to score some kind of victory in its battle with the Bush White House—what exactly is holding them back?

Will Refuge Continue To Be Elusive, Katherine Gockel

Human Rights & Human Welfare

According to U.N. estimates, if current trends continue, the number of Iraqi asylum seekers by year-end could reach between 40,000 to 50,000. The influx of Iraqis into states such as Syria and Jordan also threatens to be a destabilizing force in those countries. Therefore, it is unreasonable to expect these states to individually cope with migration flows of this magnitude.

Fleeing From Violence Versus Fleeing From Poverty, Michael Goodhart

Human Rights & Human Welfare

Nour al Khal worked as a translator for New York Times reporter Steven Vincent, who was murdered by Shiite militants in Iraq. Vincent’s widow has been trying to help al Khal (who was kidnapped and shot by the same group who killed Vincent) win asylum in the United States. So far political and bureaucratic obstacles have proven insurmountable.

Iraqi Resettlement: Why Congress Will Act, David A. Weinberg

Human Rights & Human Welfare

I would like to commend Human Rights & Human Welfare for their recent roundtable on the Iraqi refugee crisis. The Roundtable rightly draws attention to the United States government’s woefully inadequate efforts thus far to address a major humanitarian crisis of its own making.

However, I do not agree with Professor Daniel Whelan’s assessment of “why Congress won’t act” on Iraqi resettlement. Dr. Whelan argues that the new Congress appears reluctant to resettle a reasonable number of Iraqi refugees in danger because Democrats fear that doing so would precipitate Iraqi state failure by means of “brain drain.” Instead, I would …

Would Iraqi Refugees Please Disappear, Richard A. Falk

Human Rights & Human Welfare

I am grateful to Joseph Huff-Hannon for drawing our attention vividly and movingly to the plight of Iraqi refugees, its magnitude and cruelty. There are more than two million Iraqi refugees, with an estimated 50,000 per month added to the total. Many are languishing in terrible conditions in such neighboring countries as Syria and Jordan. These states, neither of which are notable as places of refuge, lack the capabilities for humane treatment even if their governments were altruistically inclined. Many Iraqis cannot even find such refuge, and remain hapless nomads in search of a sanctuary country. The U.S. refusal to …

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“No Refuge Here: Iraqis Flee, but Where?” by Joseph Huff-Hannon. Dissent. Summer 2007.

Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard

Human Rights & Human Welfare

A review of:

Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …

Bad Apples Or Bad Policies?, Daniel J. Whelan

Human Rights & Human Welfare

In a scene from the Woody Allen film Hannah and Her Sisters, the haughty and cantankerous character Frederick (Max von Sydow) is telling his girlfriend (Barbara Hershey) how he spent the evening flipping through channels on television. Ever the arrogant social critic, Frederick remarks,

You missed a very dull TV show on Auschwitz. More gruesome film clips. And more puzzled intellectuals declaring their mystification over the systematic murder of millions. The reason they can never answer the question: “How could it possibly happen?” is that it’s the wrong question. Given what people are, the question is: “Why doesn't it happen …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Other War: Iraq Vets Bear Witness” by Chris Hedges and Laila Al-Arian. The Nation, July 30, 2007.

Occupational Hazard, Michael Goodhart

Human Rights & Human Welfare

“The Other War” describes how the patrols, supply convoys, checkpoints, raids, and arrests, which make up the daily routines of U.S. soldiers in Iraq, sometimes involve degrading and abusive treatment of Iraqi civilians. Through interviews with some of those soldiers, the article portrays the everyday tragedy of the Iraq war and demonstrates how the very policies used to “secure” the country are creating greater insecurity and sparking Iraqi resentment of the occupation. The authors’ main point is that such abuses are inevitable under what they call “misguided and brutal colonial wars and occupations” like Iraq, “the French occupation of Algeria… …

Facing Up To The Truth, Susan E. Waltz

Human Rights & Human Welfare

American GIs who liberated Dachau from the Nazis in April 1945 exist in our collective memory as iconic representations of the American soldier-hero: competent and capable, disciplined, principled and fundamentally good. From their collective example, we expect American soldiers to reveal, report, and excoriate war crimes. This makes it difficult to acknowledge that Americans may also commit war crimes—and on a regular basis.

Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

The debate over humanitarian intervention has tended to focus on the conditions under which the resort to armed intervention is permissible while paying less attention to which actors are best suited to engage in such a complicated and demanding undertaking. The purpose of this paper is to explore characteristics that affect the ability of potential agents of humanitarian intervention to effectively undertake this operationally and politically demanding task. While the military wherewithal of the intervener is fundamental, I argue that a potential intervener’s legitimacy as an agent or enforcer of humanitarian norms is also crucial in determining whether and the …

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

Elisabeth King On Researching Conflict In Africa : Insights And Experiences. Edited By Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, And Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp., Elisabeth King

Human Rights & Human Welfare

A review of:

Researching Conflict in Africa : Insights and Experiences. Edited by Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, and Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp.

Kathleen Barrett On Challenges To Peacebuilding: Managing Spoilers During Conflict Resolution Edited By Edward Newman And Oliver Richmond. New York: United Nations University Press, 2006. 329pp., Kathleen Barrett

Human Rights & Human Welfare

A review of:

Challenges to Peacebuilding: Managing Spoilers During Conflict Resolution Edited by Edward Newman and Oliver Richmond. New York: United Nations University Press, 2006. 329pp.

Sylvia Maier On Human Rights In The World Community. Issues And Action (Third Edition) Edited By Richard Pierre Claude And Burns H. Weston. Philadelphia: University Of Pennsylvania Press, 2006. 543 Pp., Sylvia Maier

Human Rights & Human Welfare

A review of:

Human Rights in the World Community. Issues and Action (Third Edition) edited by Richard Pierre Claude and Burns H. Weston. Philadelphia: University of Pennsylvania Press, 2006. 543 pp.

Ali Wyne On The Economic Life Of Refugees By Karen Jacobsen. Bloomfield, Ct: Kumarian Press, 2005. 131pp., Ali Wyne

Human Rights & Human Welfare

A review of:

The Economic Life of Refugees by Karen Jacobsen. Bloomfield, CT: Kumarian Press, 2005. 131pp.

Human Rights Education: The Third Leg Of Post-Conflict/Transitional Justice, David E. Guinn

Human Rights & Human Welfare

Emerging out of the same foment of war and violence that led to the recognition of international human rights, post-conflict or transitional justice represents one of the most important political developments in efforts to advance human civilization to arise during the course of the twentieth century.

© David E. Guinn. 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. The editors cannot guarantee a stable URL …

Ali Wyne On Understanding Poverty Edited By Abhijit Vinayak Banerjee, Roland Bénabou, And Dilip Mookherjee. Oxford: Oxford University Press, 2006. 496pp., Ali Wyne

Human Rights & Human Welfare

A review of:

Understanding Poverty Edited by Abhijit Vinayak Banerjee, Roland Bénabou, and Dilip Mookherjee. Oxford: Oxford University Press, 2006. 496pp.

Human Rights Challenges In Georgia, Latife Bulur

Human Rights & Human Welfare

Since the Rose Revolution of 2003, human rights problems in Georgia have been improving. Economically and socially, Georgia has been reaching milestones as it continues to improve different facets of the state. In contrast to past research, current writing on Georgia has become increasingly more positive. Many pieces written on Georgia tell of a growing and thriving country that has gone to great lengths to strengthen national pride and to gain positive global recognition.

United States Foreign Policy: Liberty And Security?, Jessi Schimmel

Human Rights & Human Welfare

Prior to September 11, 2001, the United States had the reputation of being a leader in the field of human rights. As information of torture and abuse in Abu Ghraib, Guantánamo Bay, and secret CIA detention centers has surfaced, however, the image of America has changed from human rights champion to that of violator. In large part, the international community of scholars and activists has come to deride the foreign policy of the United States as misguided and out of balance with the threats the country faces. However, there are also plenty of outspoken defenders who believe that the tactics …