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41. Between Non-Intervention and the Protection of Human Rights: A Moral Argument in Defence of Humanitarian Intervention

Author:
Oana Florina Pop
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Central European University Political Science Journal
Institution:
Central European University
Abstract:
Although humanitarian intervention has been a recurrent issue in moral and political philosophy for some years, much disagreement over its moral justifiability persists among scholars. The common denominator of previous views is their reliance on the assumption that solving the moral problem of humanitarian intervention comes down to making a choice between preserving sovereignty or protecting human rights. The present thesis follows a different strategy: it proceeds from an understanding of the moral puzzle humanitarian intervention presents us with by exploring the philosophical underpinnings of sovereignty and human rights. I argue that humanitarian intervention is morally justified when human rights violations are purposive, systematic, extensive, and preventing or ending them represents an emergency, because it aims to restore a genuine form of sovereignty, consistent with its moral rationale (the sovereignty-centered argument). Additional requirements deriving from this purpose further constrain the justifiability of humanitarian intervention.
Topic:
Human Rights
Political Geography:
United Nations

42. Where Are The Vatican's Women Diplomats?

Author:
Maria St. Catherine De Grâce Sharpe
Publication Date:
03-2012
Content Type:
Journal Article
Journal:
The Diplomatic Courier
Institution:
The Diplomatic Courier
Abstract:
Lifting the veil on the Vatican's gender apartheidic all-male “Human Rights” diplomacy – the Holy See's “Human Rights” diplomacy from the perspective of the "First Lady of Vatican/Holy See Pontifical Ecclesiastical Diplomacy.”00
Topic:
Human Rights
Political Geography:
United Nations

43. Issues of Minority Rights in the Ethiopian Federation

Author:
Haileyesus Taye Chekole
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Ethiopia is an ancient country with a rich diversity of peoples and cultures. Paleontological studies identify Ethiopia as one of the cradles of humankind. ―Dinknesh or ―Lucy, one of the earliest and most complete hominoids discovered through archaeological excavations, dates back to 3.5 million years (Milkias, 2010). Ethiopia‟s geographical and historical factors have had a great influence on the distribution of its peoples and languages. Ethiopia embraces a complex variety of nations, nationalities and peoples, and linguistic groups. Altogether, its peoples speak more than 80 different languages, comprising 12 Semitic, 22 Cushitic, 18 Omotic and 18 Nilo-Saharan languages (Central Statistic Report, 2007). This makes Ethiopia a mosaic of languages and culture. The country has always maintained its independence, even during the colonial era in Africa. Ethiopia‟s membership in multilateral governmental organizations started as a member of the defunct League of Nations. Ethiopia was one of the founding members of the United Nations and has been playing an active role in African affairs. It specifically played a pioneering role in the formation of the Organization of African Unity (OAU). In fact, the capital city, Addis Ababa, has been a seat for the OAU since its establishment and continues serving as the seat for the African Union (AU) today.
Topic:
Human Rights, International Law, and Minorities
Political Geography:
Africa, United Nations, and Ethiopia

44. European Minority Rights Law: Unilateral Legislation in Favour of Kin-Minorities

Author:
Tove H. Malloy
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The international approach to unilateral legislation with extraterritorial reach is quite clear. General principles of customary international law entrust the state where national minorities reside with the task of securing the rights of all persons within its jurisdiction. Preferential treatment of national minorities by their kin-state is considered the exception unless it is established through bilateral treaties, or as a minimum agreed among the parties involved. The League of Nations system was the first European multilateral attempt to provide protection for minorities outside the mother state through bilateral treaties. After the collapse of the League of Nations system and the transfer of international protection of minorities to the United Nations system, bilateralism was not specifically promoted but nonetheless carried over as the main approach to kin-minority protection. This approach came under pressure after 1989 and the collapse of Communism when a number of countries adopted unilateral laws on kin-state minorities and compatriots living abroad. The bilateral approach received renewed attention, therefore, as part of the multilateral approach promoted by the international community after 1989.
Topic:
Human Rights, International Law, Governance, Sanctions, and Minorities
Political Geography:
Europe and United Nations

45. Iran and the Universality of Human Rights

Author:
Mehdi Zakerian
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
Iranian Review of Foreign Affairs
Institution:
Center for Strategic Research (CSR)
Abstract:
A review of the events of the past decade and today's demands of the international community demonstrates how the expansion, inclusiveness and universality of the Universal Declaration of Human Rights and United Nations Human Rights Covenants serve the common interests of all United Nations member states and nations. Moreover, the consensus of the international community on a series of rules such as the ban on torture and slavery, right to life, freedom of expression and alike - collectively known as fundamental rules of human rights - is inviolable. These two presumptions influence the institutionalization of human rights norms and support for human rights in every corner of the world, including Iran. For this purpose, which strategy can Iran make use of in the process of the universalization of human rights? While many international relations and international law scholars claim that the universality of human rights is a bridge connecting security and progress, putting aside this claim, we propose an answer to the key question of what Iran's optimum strategy towards the universality of human rights should be. This research argues that since every country's culture and native, age-old cultural, religious and national beliefs possess relative grounds of inclusiveness and universality, Iran's optimum strategy should be to seek a cross-cultural character of the fundamental rules of human rights. The author assesses the formation of human rights treaties and Iran's positions, cultural distinctions and types of universalities. Moreover, this study reviews the reservations about, and particular interpretations of human rights as well as theoretical and academic debates concerning the universality of human rights. Lastly, the author discusses cultural relativism and the impact of the cross-cultural character of the fundamental rules of human rights on compromise between relativism and universality of human rights.
Topic:
International Relations and Human Rights
Political Geography:
Iran, United Nations, and Tunisia

46. Of Witches and Robots: The Diverse Challenges of Responding to Unlawful Killings in the Twenty-First Century

Author:
Philip Alston
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
From its relatively modest beginnings in 1945, the universal human rights regime has come a very long way. Few if any of those who drafted the apparently unthreatening, but nonetheless foundational, provisions of the United Nations Charter dealing with human rights would have imagined that less than seventy years later the Security Council would have taken action in relation to serious human rights violations in a significant range of countries, that governments would have established an International Criminal Court, or that there would be a wide range of mechanisms that regularly and routinely hold states to account for their human rights performance across a very wide range of issues. This is not, however, to suggest that many of the most egregious human rights problems have been radically ameliorated. They clearly have not. The subjugation of women is a continuing phenomenon in a great many societies, and gender equality remains an unachieved goal even in the most developed economies. Racial discrimination is a constant and forms of ethnic and religious discrimination continue to be both inventive and invidious. Hunger, the denial of basic health care, and access to decent housing are problems that persist on a vast scale around the world. In addition, torture, disappearances, and unlawful killings continue to take place in the majority of states.
Topic:
Human Rights
Political Geography:
United Nations

47. International Criminal Justice: Growing Pains or Incurable Contradictions?

Author:
James von Geldern
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
When the Rome Statute of the International Criminal Court (ICC) was drafted in 1998, it represented a signal moment in the history of human rights. Here, finally, was a document that not only enunciated humanitarian protections, it also offered a means to punish individuals guilty of violating them. United Nations Secretary-General Kofi Annan called the Statute “a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.” Drafting Committee Chairman Cherif Bassiouni stressed that the world would never again be the same. This was the last step of a history that had started at the end of the First World War and meant that impunity for the perpetrators of grave crimes of international concern was no longer tolerable. It would not eliminate all conflicts or bring victims back to life, but it would bring justice.
Topic:
Human Rights
Political Geography:
United Nations

48. Response

Author:
Proma Sen
Publication Date:
02-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
On a preliminary reading of “International Criminal Justice: Growing Pains or Incurable Contradictions,” by Professor James von Geldern, one understands that the debate about enforcement arises from the assumption of a pre-existing set of human rights concerns in the world today. Beyond the continuing debate surrounding the universal applicability versus the cultural relativism of these rights, the very existence of human rights in today's globalizing context leads to the question of how these rights can be protected and who is responsible for their enforcement? To date, the largest internationally accepted organization with the combined political power of multiple nations is the United Nations and its various sub-organizations. The highest global power seemingly permitted to pass cross-national judgments today is the International Criminal Court (ICC), formed by the Rome Statute, which was drafted in 1998. Yet the ICC has not convicted enough aggressors to truly be deemed a successful mechanism for justice.
Topic:
Human Rights
Political Geography:
United Nations

49. Providing Justice in Haiti

Author:
Robert Maguire
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In spite of the Haitian government's stated priority of improving rule of law, a Haitian court's decision not to prosecute former dictator Jean-Claude Duvalier for crimes against humanity has cast doubt on the sincerity of that commitment. The failings of Haiti's judicial system are well-known, but historically reform efforts have been ineffective. Improved provision of justice is critical for the creation of conditions for stability and the eventual withdrawal of the United Nations Stabilization Mission in Haiti (MINUSTAH). Modernizing Haiti's antiquated legal and penal codes are an essential component of rule of law reform. Some progress is being made toward this end. A greater emphasis is needed on coordinating efforts among international donors and improving interaction with Haitian counterparts to achieve progress on judicial reform.
Topic:
Crime, Human Rights, Foreign Aid, Fragile/Failed State, and Law
Political Geography:
United Nations, Caribbean, and Haiti

50. Engaging Nonstate Armed Groups on the Protection of Children: Towards Strategic Complementarity

Author:
Jérémie Labbé and Reno Meyer
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
International Peace Institute
Abstract:
This issue brief provides an overview of the legal, political, and operational frameworks protecting children from the effects of armed conflict, notably from violations by nonstate armed groups. The UN Secretary-General has repeatedly emphasized the need to “more consistently and effectively engage non-State armed groups in order to improve their compliance with the law,” including international human rights and international humanitarian law. This is of particular importance with regard to child protection as armed conflicts have far-reaching impacts on children, who are among the most vulnerable members of society. The issue brief explores some of the limitations of these frameworks and their mechanisms, and discusses ways to maximize the comparative advantages of different actors when engaging nonstate armed groups to improve the protection of children's rights.
Topic:
Political Violence, Human Rights, Human Welfare, International Law, Insurgency, and Youth Culture
Political Geography:
United Nations