International Law Commons^™

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.

Christina M. Cerna On The Un International Criminal Tribunals, The Former Yugoslavia, Rwanda And Sierra Leone By William A. Schabas. New York, Cambridge University Press, 2006. 711 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The UN International Criminal Tribunals, The former Yugoslavia, Rwanda and Sierra Leone by William A. Schabas. New York, Cambridge University Press, 2006. 711 pp.

Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau

Human Rights & Human Welfare

Among the many consequences of the terrorist attacks of 9/11, the absence of investigative journalism and critical reflection in the U.S. is, perhaps, the most troubling; though we are now seeing a reversal of this trend. Jeremy Scahill has been one of the brightest and best examples of this reversal, relentlessly pursuing a trail of wrongdoing involving the U.S. government and private corporations.

Can The Next American President Switch The Tracks?, Harry Kreisler

Human Rights & Human Welfare

For decades the Washington mantra has been privatization. As Secretary of Defense in Bush 41’s administration and as CEO of Haliburton, Dick Cheney was influential in the application of this idea to defense policy. Now as Vice President of the United States, he and his coterie of followers have taken the idea to a new level. According to Jeremy Scahill, the United States has reached a tipping point in waging the Iraq war, with dire consequences for defense policy, democratic accountability, and the global perception of who we are and what we stand for.

Private Military Industry And The Laws Of War, Mahmood Monshipouri

Human Rights & Human Welfare

The “war on terrorism,” according to Jeremy Scahill, has led to the most privatized war in the history of the United States of America: the war in Iraq, waged partially by private security contractors who are, for the most part, accountable to no higher legal-political authority. This brings us to an obvious question: Is this type of warfare an imperative part of counterterrorism?

Rooting The Privatization Of War In A Broader Political Context, Ali Wyne

Human Rights & Human Welfare

On the issue of military outsourcing, I think that it would be valuable to place Jeremy Scahill’s research and critique in a broader context.

Richard Matthew On Pakistan’S Drift Into Extremism: Allah, The Army, And America’S War On Terror By Hassan Abbas. London: M. E. Sharpe, 2005. 276 Pp., Richard Matthew

Human Rights & Human Welfare

A review of:

Pakistan’s Drift into Extremism: Allah, the Army, and America’s War on Terror by Hassan Abbas. London: M. E. Sharpe, 2005. 276 pp.

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.

June Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“On Israel, America and AIPAC” by George Soros. New York Review of Books. April 12, 2007.

Engagement As A Way Toward Peace, Mahmood Monshipouri

Human Rights & Human Welfare

The Bush administration’s active support for the Israeli government is counterproductive in its refusal to recognize a Palestinian unity government which includes Hamas. A great majority of American Jews have called for Israel to withdraw from the territories occupied in 1967 and support the creation of a Palestinian state. A hard-line minority of politicians in the United States, along with their affiliated media networks and think-tanks, have continued to dominate the main Jewish lobbying group, the American-Israel Public Affairs Committee (AIPAC).

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.

Geopolitics Or Human Rights?, Judith Blau

Human Rights & Human Welfare

George Soros’ article, “On Israel, America and AIPAC” serves as a sobering reminder that the human rights revolution is constantly being scuttled by geopolitics that not only sideline human rights, but more devastatingly undermine their premises. I happen to agree with him that the American Israel Public Affairs Committee (AIPAC) is a major obstacle to the U.S. normalizing relations with any country in the Middle East, including and especially Israel. AIPAC is something of a misnomer because it is a coalition, not a committee, and some of its key members include neo-cons, as Soros mentions, as well as Christian evangelicals. …

Should Supporters Of Israel Embrace An "Open Society"?, Harry Kreisler

Human Rights & Human Welfare

Organizations, such as lobbies, must adapt to changes in their environment or they risk mission failure and possible extinction. Adaptation requires new ideas, new constituencies, and rigorous self-analysis. A vigorous internal debate raises the possibility of corrections in course as an organization navigates through its changing environment.

Aipac's Good Intentions Undermine Israel's Interests, Ali Wyne

Human Rights & Human Welfare

While the American Israel Public Affairs Committee (AIPAC) is nominally pro-Israel, its advice undermines Israel’s interests. It does not encourage Israel to make concessions, but rather recommends that Israel ignore the reformists within and outside of it. The folly of such counsel becomes apparent when one recognizes that Israel’s current strategy cannot be sustained.

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.

The Moral Vocabulary Of Violence, David L. G. Rice

Human Rights & Human Welfare

What is at stake in labeling a particular incidence of large-scale violence “genocide”? Mahmood Mamdani rightly argues that “genocide” is an insufficient description of the conflict in Darfur. I would suggest that the problematic nature of that terminology goes back to its inception after World War II. Activists have inherited the concept of “genocide” from a particular historical moment. Now, “ genocide” carries unique moral weight in the discourse of international politics. When violence against civilians has been widely accepted as a necessary outcome of the preservation of peace, activists find it necessary to imagine a worse evil than the …

The Return Of Moral Equivalence, J. Peter Pham

Human Rights & Human Welfare

During the latter stages of the Cold War, one school of ethical analysis, ultimately labeled as “moral equivalence” by the late Jeane Kirkpatrick, measured Western liberal democracies against utopian standards in a radical critique which redefined the political discourse, erasing distinctions between the Soviet Union and its satellites on the one hand and the United States and its allies on the other.

Missing The Point, Colin Thomas-Jensen

Human Rights & Human Welfare

“What would happen if we thought of Darfur as we do of Iraq, as a place with a history and politics—a messy politics of insurgency and counterinsurgency?” (§4). This is the most telling question posed by Professor Mahmood Mamdani in “The Politics of Naming: Genocide, Civil War, Insurgency.” The implication is that the growing public demand for strong international action—military or otherwise—to halt the atrocities in Darfur is somehow unwarranted because people have failed to understand that the systematic crimes against humanity committed against civilians in Darfur (and indeed Iraq) are an inevitability of “the messy politics of insurgency and …

Debra L. Delaet On Health And Human Rights: Basic International Documents, 2d Edition, Edited By Stephen P. Marks. Cambridge, Massachusetts: Published By Francois-Xavier Bagnoud Center For Health And Human Rights; Distributed By Harvard University Press, 2006. 392pp., Debra L. Delaet

Human Rights & Human Welfare

A review of:

Health and Human Rights: Basic International Documents, 2d Edition, edited by Stephen P. Marks. Cambridge, Massachusetts: Published by Francois-Xavier Bagnoud Center for Health and Human Rights; Distributed by Harvard University Press, 2006. 392pp.

Debra L. Delaet On Understanding Human Rights: An Exercise Book By Elisabeth Reichert. Thousand Oaks, Ca: Sage Publications, 2006. 271pp., Debra L. Delaet

Human Rights & Human Welfare

A review of:

Understanding Human Rights: An Exercise Book by Elisabeth Reichert. Thousand Oaks, CA: SAGE Publications, 2006. 271pp.

Politics Of Naming And Politics Of Responsibility, Rhoda Howard-Hassmann

Human Rights & Human Welfare

Mahmood Mamdani is right to complain that the American—and international—public is unaware of the political complexity of the Darfur conflict. He is also right to point out that selective or inconsistent uses of the terms “genocide,” “civil war,” and “insurgency” can mask covert, or even overt, political agendas. His comparison of Darfur to Iraq is telling. And he is right to point out that even with the best of humanitarian intentions, the presentation of a simplified version of Darfur, in which “Arabs” persecute “Africans,” can play into the “war on terror,” insofar as, in the minds of at least some …

Craig Berry On Global Ethics And Civil Society Edited By John Eade And Darren J. O’Byrne. Aldershot, Uk: Ashgate, 2005. 180pp., Craig Berry

Human Rights & Human Welfare

A review of:

Global Ethics and Civil Society edited by John Eade and Darren J. O’Byrne. Aldershot, UK: Ashgate, 2005. 180pp.

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.

Myra Pong On Spatial Disparities In Human Development: Perspectives From Asia Edited By Kanbur, Ravi, Anthony J. Venables, And Guanghua Wan. Tokyo: United Nations University Press, 2006., Myra Pong

Human Rights & Human Welfare

A review of:

Spatial Disparities in Human Development: Perspectives from Asia edited by Kanbur, Ravi, Anthony J. Venables, and Guanghua Wan. Tokyo: United Nations University Press, 2006.

April Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Women Come Last in Afghanistan ” by Ann Jones. Salon.com. February 6, 2007.

Global Health And Global Hegemony, Randall Kuhn

Human Rights & Human Welfare

As the new director of a unique graduate program in Global Health Affairs, coming from the world of basic research, I have been faced with the need to reconcile a central paradox of American power and hegemony: I conduct my work as an American citizen and often with U.S. government funding in the hope that it will make a positive or at least neutral impact on my world. Yet my government (not only under the present administration) initiates imperial adventures that cause untold damage to the health, welfare, and survival of individuals throughout the world.

Oppressing Women: Who Benefits And How?, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

Women are the world’s oldest marketable commodity. “Good” women are marketed by their fathers, or brothers, to other men as wives. “Bad” women are incarcerated, raped, killed, or prostituted. Methods of marketing women range widely in kind: from simple one-on-one bargains, where two men exchange daughters or sisters; to exchange of women for material goods; to use of women to pay debts; to renting out women by the hour or minute to other men for sex.

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.

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