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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 …

The Safety Of A Nation Versus The Rights Of Suspected Terrorists, Michaela Clark

Undergraduate Review

On January twenty-second, 2009, newly elected President Barack Obama issued an executive order requiring the detention center holding alleged terrorists at Guantanamo Bay to be closed within one year. This proposal may potentially close a chapter on one of America’s most controversial efforts to combat terrorism. Throughout the Bush Administration’s “War on Terror” numerous laws were passed that gave the President and the Department of Defense power to determine who was an enemy combatant and detain indefinitely those they decided fit that profile. The issue of holding people the military deems a threat without giving them a traditional trial continues …

Rebecca Root On Banning Landmines: Disarmament, Citizen Diplomacy, And Human Security. Edited By Jody Williams, Stephen D. Goose And Mary Wareham. (Lanham, Md: Rowman & Littlefield Publishers, 2008). 348pp., Rebecca Root

Human Rights & Human Welfare

A review of:

Banning Landmines: Disarmament, Citizen Diplomacy, and Human Security. Edited by Jody Williams, Stephen D. Goose and Mary Wareham. (Lanham, MD: Rowman & Littlefield Publishers, 2008). 348pp.

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).

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 …

Marten Zwanenburg On International Peacekeeping Edited By Boris Kondoch. Aldershot: Ashgate, 2007. 578pp., Marten Zwanenburg

Human Rights & Human Welfare

A review of:

International Peacekeeping edited by Boris Kondoch. Aldershot: Ashgate, 2007. 578pp.

International Justice And International Politics: Intertwined Paths, David Penna

Human Rights & Human Welfare

A review of:

International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Victor Peskin. New York: Cambridge University Press, 2008. 272 pp.

and

Building the International Criminal Court. By Benjamin N. Schiff. New York: Cambridge University Press, 2008. 304 pp.

and

The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II. By Yuma Totani. Cambridge, MA: Harvard University Asia Center / Harvard University Press, 2008. 335 pp.

James Pattison On Waging Humanitarian War: The Ethics, Law, And Politics Of Humanitarian Intervention By Eric A. Heinze. Albany: Suny Press, 2009. 224pp., James Pattison

Human Rights & Human Welfare

A review of:

Waging Humanitarian War: The Ethics, Law, and Politics of Humanitarian Intervention by Eric A. Heinze. Albany: SUNY Press, 2009. 224pp.

China’S Relationship With Sudan—And Human Rights Consequences, Tessa Li Powell

Human Rights & Human Welfare

China is the largest country in the world and has a rapidly expanding economy. Its streets are starting to crowd with cars instead of bicycles and there is an increasing demand for the luxuries of developed nations. The desire to keep up with major international players has pushed the Chinese government to overlook whatever human rights abuses may be occurring inside and outside of its borders. China has taken steps to support Sudan despite its use of child soldiers and the genocide in Darfur that has been occurring for years. By criticizing and withdrawing support from President al-Bashir, China could …

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.

Human Rights Or Inhuman Wrongs, Edward Friedman

Human Rights & Human Welfare

The project of promoting universally recognized human rights, that is, the commitments of the U.N. General Assembly-ratified Universal Declaration of Human Rights (UDHR), is in danger. Military and political intervention, including economic sanctions, to stop genocide and ethnic and other political mass murder is under attack. Apparently the lessons of Hitler’s holocaust, the Turkish genocide of Armenians, Pol Pot’s slaughter of innocents, and the loss of life in Rwanda are being rethought and un-taught. So-called peace is now preferred over prevention. The dead may have died in vain.

Challenging The International Criminal Court Over Al-Bashir, Emma Gilligan

Human Rights & Human Welfare

As of late November 2008, we are still awaiting the decision of the U.N. Security Council with regard to the request for the arrest of Sudanese President, Omar al-Bashir for war crimes, crimes against humanity and genocide put forward by the International Criminal Court (ICC) in July. With former Presidents Charles Taylor of Liberia and Slobodan Milosevic of Serbia as the only two heads of state formally indicted by the ICC since its inception in 2002, the question remains whether the U.N. Security Council will allow this controversial indictment of al-Bashir by Chief Prosecutor, Luis Moreno-Ocampo or invoke Article 16 …

Alex De Waal's Shuttle Diplomacy, Sarah Stanlick

Human Rights & Human Welfare

This month’s discussion piece, “The Activist,” is a critical look at one of the most renowned scholars of the turmoil in Sudan. Alex de Waal, a man with an almost encyclopedic knowledge of the different factions, aspects, and issues surrounding the conflicts in Sudan, is profiled under a careful eye. De Waal, a competent critic—as McDonell notes who “takes pride in his competence, and he does not hesitate to criticize activists he deems inexpert”— has built a career on a meticulously researched understanding of the conflict. He honed that reputation through careful action, critical thinking, and a critical voice for …

Peace Without Justice, Or Justice Without Peace?, Clair Apodaca

Human Rights & Human Welfare

Peace without justice is an illusion. The use of the International Criminal Court (ICC) to investigate and prosecute human rights violations not only provides restorative justice for those harmed by the wrongdoing but also retributive justice towards the perpetrators. Restorative justice seeks to help heal the wounds of the victims and community by acknowledging and witnessing the pain and suffering of the victim. Retributive justice seeks to punish the offenders. The hope is that retribution will deter or prevent future acts of violence by holding perpetrators accountable for the violations of human rights, genocide, war crimes, and crimes against humanity. …

December Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Activist.” Harper's Magazine. November 2008.

Global Ethics And The Role Of Academics, Christien Van Den Anker

Human Rights & Human Welfare

Academics have a social and professional responsibility that stems from their individual duties as global citizens. With their privileged position as lifelong learners they need to assess carefully where they direct their attention for research, their teaching and their exchange of knowledge with the wider public. This means that academic freedom does not only bring a range of rights, it also involves duties to develop and advocate ethical positions on real-life dilemmas and to engage in self-reflection on being in the role of contributing to oppression.

Who Counts? Refugees And The Politics Of Indifference, Sonia Cardenas

Human Rights & Human Welfare

The contemporary plight of refugees, asylum seekers, and other marginalized groups reveals the limits of international human rights norms. Numerous internationally recognized standards and laws exist for the humane treatment of people. Yet despite enormous progress, the reality is that some people are simply deemed to be less fully human than others. Nationalism and racism underlie popular indifference to today’s unwanted refugees. This is the unspoken truth that lies at the heart of the global refugee problem.

Reconstructing Sovereignty: From Control To Responsibility, Eric K. Leonard

Human Rights & Human Welfare

As I stood with a standing-room only crowd last fall at a United Nations University of New York (UNU-ONY) event entitled, "Prevention of Mass Atrocities: From Mandate to Realization," I began to wonder how far the responsibility to protect (R2P) could be stretched. As defined by the UNU-ONY organizers, the purpose of the event was " to explore the work of mass atrocity prevention across the UN system, with a focus on the role of the new Office of the Special Representative for the Prevention of Genocide and Mass Atrocities (SRPGMA)." As I currently look at the international community's response …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"Armed and Humanitarian" by Bruce Falconer. Mother Jones. May 19, 2008.

Mission Creep: De-Militarizing Humanitarian Protection, Sonia Cardenas

Human Rights & Human Welfare

Over a decade ago, the U.S. military was warning liberal internationalists about the dangers of "mission creep." Today it is doing the opposite, incorporating relief and development work into its operations. In the devastating aftermath of Cyclone Nargis in Burma , the U.S. military's newfound mission may seem compelling. Unfortunately, expanding the military's role into humanitarian work reflects a flawed logic that should be resisted. There are more promising ways to protect victims of humanitarian disaster.

When Steel And Guns Meets Bread And Butter, Daniel J. Graeber

Human Rights & Human Welfare

Speaking before the 191-member United Nations in 2005, then-British Prime Minister Tony Blair said that "For the first time . we are agreed that states do not have the right to do what they will within their own borders but that we in the name of humanity have a common duty to protect people where their own governments will not." This notion, that of responsible sovereignty , says that nation states forfeit the right to uninterrupted internal freedoms when they no longer uphold the responsibilities associated with sovereignty.

Heather Heckel On Child Soldiers: From Violence To Protection By Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 Pp., Heather Heckel

Human Rights & Human Welfare

A review of:

Child Soldiers: From Violence to Protection by Michael Wessells. Harvard University Press, Cambridge, Massachusetts, 2006. 284 pp.

Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 8.

Written documents indicate that the Jesuit priests settled among neighboring Native American groups and were successful at creating some converts at the St. Joseph mission.

Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7.

The Fort St. Joseph Archaeological Project practices community service learning.

One of the main goals of the Fort St. Joseph Archaeological Project is to incorporate the local community in all aspects of the archaeological enterprise in the investigation.