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  • Author: H.S. Sharif, Jafar Riaz Kataria
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: This paper would discuss freedom of expression and restrictions on the freedom with particular reference to the provisions of International Covenant on Civil and Political Rights (ICCPR) and the „Justiciability Doctrine‟ as enshrined in the European Convention of Human Rights (ECHR). The question whether the freedom of expression claims are justiciable or not, in third world countries like Pakistan and how it helps in the advancement of rule of law and good governance would be explored. The focus would be on the cultural relativism narrative developed ever since the adoption of the Universal Declaration of Human Rights (UDHR). The claims of „Universalism‟ associated with human rights especially freedom of expression would be criticized with respect to the Margin of Appreciation Doctrine as reflected in the jurisprudence of the European Court of Human Rights (ECtHR) and adopted in other jurisdictions. Freedom of expression and the rights of minorities in Pakistan would be discussed with a special mention of proselytization and forced conversions. Lastly, the role of legislation and judiciary in Pakistan for the protection and advancement of the freedom of expression guarantee would be discussed.
  • Topic: Human Rights, Governance, Culture, Freedom of Expression, Rule of Law
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Tahira Jabeen
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Since the introduction of the Policy for Regulation of INGOs in Pakistan, 2015 and the draft Regulation of Foreign Contribution Act 2013-15 (RFCA),the state-civil society relationship in Pakistan has been once again in jeopardy. This paper examines the issue of regulating civil society organizations in Pakistan, considering the unique composition of Pakistani civil society, its role, and the existing legal framework while drawing on examples from the region. Based on the analysis, it is recommended that due to the importance of associational life in the development and democratization of Pakistan, civic organizations should be regulated in the light of the constitutional provisions, which consider rights to association as basic human rights.
  • Topic: Civil Society, Human Rights, Non-Governmental Organization, Regulation, State
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Christopher Datta
  • Publication Date: 11-2019
  • Content Type: Journal Article
  • Institution: American Diplomacy
  • Abstract: To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
  • Topic: Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, Journalism
  • Political Geography: Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, Senegal
  • Author: Mikael Barfod
  • Publication Date: 05-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Controversies have abounded, including Palestine and Israel within the UN's Human Rights Council, lack of US support for the International Law of the Sea (since 1994), and the International Criminal Court (since 2002). Collectively, the European Union and its Member States remain by far the largest financial contributor to the UN, providing 30% of all contributions to the budget and 31% of peace-keeping activities in addition to substantial contributions towards project-based funding. 4. Some may object that the European Union has been hampered by the lack of a common position among EU Member States on the future of the UN Security Council (UNSC), where two member-states, UK and France, currently have permanent seats and one, Germany, is desperate to get one.
  • Topic: International Relations, Cold War, Human Rights, European Union, Multilateralism
  • Political Geography: Africa, China, United Kingdom, Europe, Iran, Israel, Asia, France, Germany, United States of America
  • Author: Karina Santellano
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: California Journal of Politics and Policy
  • Institution: Institute of Governmental Studies, UC Berkeley
  • Abstract: Law pertaining to immigrants is conceptualized as legal violence (Menjívar and Abrego 2012). Deferred Action for Childhood Arrivals (DACA) is an executive policy with an uncertain future under the Trump administration. In California, many DACA beneficiaries are students at public colleges and universities. This paper conceptualizes DACA as another form of legal violence and draws from 30 in-depth interviews with undocumented students to explore the ways in which undocumented students believe the role of their college/university is to mitigate the legal violence stemming from the liminality of DACA. Some participants believe their colleges/universities should provide safety, specifically via the designation of sanctuary campus status for its symbolic importance, others believe their colleges have a responsibility beyond intellectualism sharing they should be progressive leaders against xenophobia, while others expressed cynicism, describing institutions of higher education as corporations interested in their brand rather than in being immigrant rights advocates on behalf of their students. This study serves as a way for institutions of higher education to learn how undocumented students perceive their roles and duties. At the end of this paper, the author suggests how colleges and universities can work towards mitigating legal violence in the lives of undocumented students.
  • Topic: Human Rights, Immigration, Law, Immigrants, Higher Education
  • Political Geography: United States, California
  • Author: Adham Sahloul
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: The murder of Saudi Arabian columnist Jamal Khashoggi on October 2nd in the Saudi consulate in Istanbul has been a clarion call for the Washington foreign policy community, one that is redefining the United States’ relations with the Saudi Kingdom and, by extension, US strategy in the Middle East. The Khashoggi affair will outlive President Donald Trump; the reputation of Saudi’s leadership is beyond repair, and with Global Magnitsky sanctions and the newly proposed bipartisan Saudi Arabia Accountability and Yemen Act, the US Congress appears ready to act where the executive has fallen short. The CIA has concluded that Saudi Arabia’s Crown Prince Mohammed bin Salman (MbS) ordered Khashoggi’s murder. Trump, who has threatened “severe consequences” for whomever is found responsible, seemed over the past month to be looking for a way out of naming, shaming, and punishing MbS himself. In his statement on November 20th, Trump confirmed many observers’ worst fears about this president’s worst instincts, saying that US security, economic, and political interests transcend this incident. For a sitting US president to balk at the notion of holding an ally accountable and making even a symbolic effort to address such a gruesome crime with clear chains of responsibility constitutes a new low in US foreign policy
  • Topic: International Relations, Foreign Policy, Crime, Human Rights, Politics, Trump, Journalism, Crisis Management
  • Political Geography: Turkey, Middle East, Saudi Arabia, North America, United States of America, Gulf Nations
  • Author: Derek Mitchell, Maia Brown-Jackson
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: Derek Mitchell is senior advisor to the Asia Program at the U.S. Institute of Peace. Ambassador Mitchell was confirmed by the U.S. Senate on June 29, 2012, as the first U.S. ambassador to the Republic of the Union of Myanmar in 22 years. He took up his post in July 2012, and departed March 2016. Ambassador Mitchell has authored numerous books, articles, and opinion pieces on Asian security affairs. He received an M.A. in Law and Diplomacy from the Fletcher School at Tufts University and a B.A. from the University of Virginia.
  • Topic: Security, Human Rights, Ethnicity, Conflict
  • Political Geography: Southeast Asia, Myanmar
  • Author: Alan Desmond
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
  • Topic: Human Rights, International Law, Migration, Sovereignty, Courts
  • Political Geography: Europe, France
  • Author: Itamar Mann
  • Publication Date: 04-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article explores the trope of the ‘legal black hole’ to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the ‘war on terror’, but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct ‘legacies’ of legal black holes: the counterterrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a conceptual typology of instances where persons are rendered rightless. While the two former types are characterized by de facto rightlessness due to a violation of international law, the latter exposes a seldom acknowledged, yet crucial, characteristic of international law; the age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de jure rightless is ultimately suggested as a broader research agenda for scholars of international law.
  • Topic: Human Rights, International Law, Migration, Maritime
  • Political Geography: Europe, Mediterranean
  • Author: Veronika Fikfak
  • Publication Date: 10-2018
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: Regardless of the efforts undertaken through the many reforms of the European Convention on Human Rights system, non-compliance with the judgments of the European Court of Human Rights (ECtHR) remains a major problem for the Council of Europe. This article asks how we can change state behaviour and what role, if any, could damages play in this context. First, the article focuses on how the choice of remedy affects compliance and why aggravated or punitive damages look like an ideal option to nudge states into compliance. I explore recent arguments by scholars and judges who argue that the ECtHR should actively shift its approach (or perhaps already has) to nudge state behaviour towards compliance and prevention of future violations. Based on my empirical research, I show that the current case law presents several obstacles to the introduction of such damages. Building on the economic analysis of the law and insights from behavioural sciences, I reveal how the Court’s approach fails to comply with any of the elements needed to incentivize states to change their behaviour. I finally question to what extent aggravated or punitive damages can be efficient within a system that relies on voluntary compliance.
  • Topic: Human Rights, International Law, Reform, Courts
  • Political Geography: Europe, France
  • Author: Satnam Singh Deol, Amandeep Kaur Sandhu
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The constant presence of undemocratic regimes, insurgencies and political instability in Afghanistan has continuously resulted into the miserable status of civil and political human rights. Furthermore, the heterogeneous nature of Afghan society and economic under development have deprived the people of social, cultural and economic rights. In 2004, democratic government had been established in Afghanistan under the presidentship of Hamid Karzai. Very obviously, the people at domestic level as well as the international community expected from the democratically elected regime to take concrete initiatives for the promotion and protection of human rights. The study observes that the pioneer democratically elected government of Afghanistan had taken all constitutional measures and legal provisions for the promotion and protection of human rights in Afghanistan which can be expected from a democratic nation. But several political, socio-ethnic and socio-economic circumstances such as frequent violence due to insurgency and counter-insurgency operations, dearth of popular legitimacy to the regime, challenges to political instability along with the orthodox and heterogeneous society, facing acute economic underdevelopment have hampered the actual process of the promotion and protection of human rights in Afghanistan.
  • Topic: Human Rights, Insurgency, Counterinsurgency, Taliban, Military Intervention, Conflict, Violence
  • Political Geography: Pakistan, Afghanistan, South Asia, Central Asia, Punjab
  • Author: Amjad Abbas Khan, Sardar Sajid Mehmood, Mehboob Alam
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Kashmir is generally visualized by the global powers with Indian and Pakistani perspective rather than a humanitarian issue. No doubt it is a bone of contention between two countries but cannot be declared as a simple bilateral conflict because of multi-dimensional nature. Kashmiri people have been struggling for their birth right, the right of self-determination since 1948, in the light of UN Security Council‟s resolutions. This paper highlights responsibilities and the role played by global powers in the resolution of longstanding issue of Asian Sub-continent according to the UN Security Council resolutions for peace and prosperity of the region.
  • Topic: Human Rights, United Nations, Bilateral Relations, Territorial Disputes, Self Determination, Conflict
  • Political Geography: Pakistan, South Asia, India, Kashmir, Punjab
  • Author: Aman Ullah Malik
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Election creates an environment of hate which may lead to potential of violence. Although there are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws which control hate speech during Elections. Although International Instruments protected freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited in certain cases. Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the Election Commission of Pakistan to frame a Code of Conduct for the political parties and the candidates. The Commission is also bound to issue a separate Code of Conduct for the media. Both Codes provide effective legal regimes to control hate speech. However, the efforts to control it can only be successful if all stakeholders struggle to confront this monster.
  • Topic: Human Rights, Elections, Freedom of Expression, Legislation, Hate Speech
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Khalid Manzoor Butt, Naeema Siddiqui
  • Publication Date: 07-2018
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The word 'Islamic Republic' is debatable among scholars as what meaning and role the word 'Islam' adds to the republic is still not agreed upon. Therefore, there is a need for resolving this ambiguity by explicitly defining and explaining the meaning and role of Islam in an Islamic Republic. Pakistan, too, is an Islamic Republic, which got the name 'Islamic Republic of Pakistan' for the first time in the constitution of 1956. This study intends to comprehend the mentioned issue by highlighting the similarities and differences between democracy and Islamic system of governance. In this qualitative study, iterative analysis of semi-structured interviews of ten doctorate scholars is carried out. The study comes across primary contradictions between the two systems and gives a way out for a system having characteristics of both Islam and democracy.
  • Topic: Human Rights, Islam, Religion, History, Governance, Democracy, State
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Michal Rotem, Neve Gordon
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: The struggle between Zionists and Palestinian Bedouin over land in the Negev/ Naqab has lasted at least a century. Notwithstanding the state’s continuing efforts to concentrate the Bedouin population within a small swath of land, scholars have documented how the Bedouin have adopted their own means of resistance, including different practices of sumud. In this paper we maintain, however, that by focusing on planning policies and the spatio-legal mechanisms deployed by the state to expropriate Bedouin land, one overlooks additional technologies and processes that have had a significant impact on the social production of space in the Negev. One such site is the struggle over the right to education, which, as we show, is intricately tied to the organization of space and the population inhabiting that space. We illustrate how the right to education has been utilized as an instrument of tacit displacement deployed to relocate and concentrate the Bedouin population in planned governmental towns. Simultaneously, however, we show how Bedouin activists have continuously invoked the right to education, using it as a tool for reinforcing their sumud. The struggle for education in the Israeli Negev is, in other words, an integral part of the struggle for and over land.
  • Topic: Human Rights, International Affairs
  • Political Geography: Palestine
  • Author: Jeffrey Reger
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: Drawing on Arabic, English, and Hebrew language sources from the British and Israeli archives, this article seeks to bridge the catastrophic rupture of 1948 to the early 1950s and to trace the changing relationship between ordinary Palestinian olive cultivators in the Galilee and the newly established Israeli state. In contrast with studies that center on the continued expulsion of Palestinians and extension of control over land by the state and state-supported actors in the aftermath of the Nakba, this study examines those Palestinians who stayed on their land and how they responded to Israeli agricultural and food control policies that they saw as discriminatory to the point of being existential threats. Beyond analysis of Israeli state policy toward olive growers and olive oil producers, this article brings in rare Palestinian voices from the time, highlighting examples of Palestinian resistance to the Israeli state’s practices of confiscation and discrimination.
  • Topic: Human Rights, International Political Economy, International Affairs
  • Political Geography: Israel
  • Author: Sahar Francis
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: Women have been instrumental to the Palestinian liberation struggle from its inception, and the role they have played in political, civil, and armed resistance has been as critical, if not as visible, as that of their male counterparts. In addition to experiencing the same forms of repression as men, be it arrest, indefinite detention, or incarceration, Palestinian women have also been subjected to sexual violence and other gendered forms of coercion at the hands of the Israeli occupation regime. Drawing on testimonies from former and current female prisoners, this paper details Israel’s incarceration policies and examines their consequences for Palestinian women and their families. It argues that Israel uses the incarceration of women as a weapon to undermine Palestinian resistance and to fracture traditionally cohesive social relations; and more specifically, that the prison authorities subject female prisoners to sexual and gender-based violence as a psychological weapon to break them and, by extension, their children.
  • Topic: Gender Issues, Human Rights
  • Political Geography: Israel
  • Author: Nehad Khader
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: In this profile of Rasmea Odeh, JPS examines the case of a Palestinian woman who has been incarcerated in both Israel and the United States. After a decade of confinement in Israel, Odeh was freed in a prisoner exchange in 1979. Following deportation from the occupied Palestinian territories, she became a noted social justice and women’s rights organizer, first in Lebanon and Jordan, and later in the U.S., where she built the now over 800-strong Arab Women’s Committee of Chicago. In April 2017, Odeh accepted a plea bargain that would lead to her deportation from the United States after a years-long legal battle to overturn a devastating conviction on charges of immigration fraud. Observers, legal experts, and supporters consider the case to “reek of political payback,” in the words of longtime Palestine solidarity activist, author, and academic Angela Davis. Odeh’s generosity of spirit, biting wit, and easy smile did not desert her throughout the years that she fought her case. To know Odeh is to be reminded that the work of organizing for social justice is about the collective rather than the individual, and that engagement, relationship building, and trust are the foundations of such work.
  • Topic: Gender Issues, Human Rights, International Affairs, Prisons/Penal Systems
  • Political Geography: Palestine
  • Author: Salim Tamari
  • Publication Date: 11-2017
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: The passing of Ibrahim Dakkak in early June 2016 marked the departure of the last of the great socialist leaders of Palestine’s post-Nakba generation. Dakkak was known for multiple levels of activism, as a trade unionist, as an exponent of economic development and higher education, and as a political organizer. He was also widely recognized for his role as the chief architect in charge of the restoration of al-Aqsa Mosque after an arson attack in 1969. Politically, he was in the top leadership of three major movements inside the occupied Palestinian territories (oPt): al-Jabha al-wataniyya or Palestine National Front, a coalition launched in August 1973 that mobilized civil resistance to Israeli land confiscations and a whole host of other rights violations; Lajnat al-tawjih al-watani (the National Guidance Committee or NGC), established in 1978 to coordinate resistance efforts inside the oPt with the political leadership of the national movement based outside; and al-Mubadara al-wataniyya (the National Initiative Committee), which Dakkak cofounded with Mustafa Barghouti and Haidar Abdel-Shafi in the 1990s to counter the consequences of the Oslo Accords.
  • Topic: Human Rights, International Affairs
  • Political Geography: Palestine
  • Author: Otto H. Van Maerssen
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: In a fairly humid, subtropical section of the United States, there is a site where sporadic gunfire sometimes rattles the windows of buildings nearby. At times, plaintive howls can be heard through those windows: the wails of wounded officers lying on neatly trimmed fields under the bright sun, waving their arms desperately to attract the attention of medics converging on a nearby field ambulance. Meanwhile, scores of military officers, civilian officials and law enforcement personnel inside the buildings barely notice, and all resist the presumably well-ingrained temptation to spring into action. Ignoring the noise outside is certainly understandable, for the sounds are from just some of many training exercises on the Army’s sprawling military base at Fort Benning, Georgia. The military officers, civilian officials and law enforcement personnel are students at one of the base’s facilities, the Western Hemisphere Institute for Security Cooperation (WHINSEC), and are deadly serious about their studies – on countering transnational threats, UN peacekeeping operations, and intelligence analysis of transnational operations, among other courses offered. But, there is one notable feature that distinguishes the educational exercises at this building from any other, and which unites the students in this particular facility: every student in every course begins studies with classes on human rights and democracy, as delineated by the U.S. experience.
  • Topic: Security, Education, Government, Human Rights, Regional Cooperation, Military Affairs, Democracy
  • Political Geography: South America, North America, United States of America
  • Author: Ryan J. Vogel
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
  • Topic: Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, War on Terror
  • Political Geography: Middle East, Global Focus, United States of America, Guantanamo
  • Author: Noëlle Quénivet
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.
  • Topic: Conflict Resolution, Human Rights, International Law, Children, War Crimes, Transitional Justice
  • Political Geography: Afghanistan, Europe, Democratic Republic of Congo
  • Author: Merris Amos
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: National debates concerning the appropriate role of the European Court of Human Rights (ECtHR) in the United Kingdom (UK) recently intensified with the suggestion by the government that the UK might leave the European Convention on Human Rights system. It has been argued that a British Bill of Rights, to replace the current system of national human rights protection provided by the Human Rights Act 1998, would provide better protection than the ECtHR, making its role in the national system redundant. Claiming that the ECtHR is legitimate and has an impact that is usually illustrated by the transformative power of judgments more than 10 years’ old, have not provided a convincing answer to this claim. In this article, rather than legitimacy or impact, the value of the ECtHR to the objective of protecting human rights through law is assessed. Three different levels of value are identified from the relevant literature and then applied to the judgments of the Court concerning the UK from 2011 to 2015 to determine what has happened in practice. It is concluded that given that the UK government’s objective remains to protect human rights through law, although some types of value are now more relevant than others, overall the potential value of the Court to the UK in achieving this objective is still clearly evident.
  • Topic: Human Rights, International Law, Courts
  • Political Geography: United Kingdom, Europe
  • Author: Luke Glanville
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: While histories of human rights have proliferated in recent decades, little attention has been given to the history of thinking about duties to protect these rights beyond sovereign borders. We have a good understanding of the history of duties of sovereign states to ensure the safety and well-being of their own citizens and of the right of other states to forcefully intervene when these duties are violated. But the story of the development of thinking about duties to assist and protect the vulnerable beyond borders remains to be told. This article defends the importance of excavating and examining past thinking about these duties. It then sketches key aspects of Western natural law thinking about such duties, from Francisco de Vitoria through to Immanuel Kant, claiming that such study holds the promise of exposing from where ideas that prevail in international law and politics have come and retrieving alternative ideas that have been long forgotten but that may reward renewed consideration. It concludes by briefly outlining how three such retrieved ideas might be of particular use for those seeking to push international law and politics in a more just direction today.
  • Topic: Human Rights, International Law, Sovereignty, History, Humanitarian Intervention, Philosophy
  • Political Geography: Europe, Global Focus
  • Author: Daniel Kanstroom
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
  • Topic: Human Rights, International Cooperation, Border Control, Refugees, Humanitarian Crisis
  • Political Geography: Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, Global Focus
  • Author: David J. Bercuson, Hugh Stephens, Robert Hage, Robert Huebert, Stefanie Von Hlatky, Lindsay Rodman, Stephen M. Saideman, Hugh Segal, Vanja Petricevic
  • Publication Date: 06-2017
  • Content Type: Journal Article
  • Journal: The Global Exchange
  • Institution: Canadian Global Affairs Institute (CGAI)
  • Abstract: The Global Exchange is the Canadian Global Affairs Institute’s quarterly magazine featuring topical articles written by our fellows and other contributing experts. Each issue contains approximately a dozen articles exploring political and strategic challenges in international affairs and Canadian foreign and defence policy. This Summer 2017 issue covers trade deals, human rights, defense, cybersecurity and more.
  • Topic: Defense Policy, NATO, Human Rights, Territorial Disputes, Cybersecurity, Trans-Pacific Partnership, Free Trade, Transparency, Deterrence
  • Political Geography: China, Europe, Canada, North America, Arctic
  • Author: Abdul Majid
  • Publication Date: 01-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: India adopted a democratic parliamentary constitution in January 1950. This constitution enumerates all fundamental civil and political rights irrespective of religion, caste, language or region. However, in practice these rights are denied to religious minorities and low caste and out caste Hindus called Dalits. The Muslims being the largest religious minority have faced more discrimination than any other minority. Their religious cultural identity has been under pressure and they are underrepresented in the parliament or state assembly. The rise of Hindu revivalist movements under the BJP has made the Muslims more vulnerable to Hindu extremism and intolerance. Pakistan has raised the issue of India’s atrocities in Kashmiri at the international level. It supports the Kashmiri struggle for political and civil rights and their right to decide on their own about their political future. The UN and the international community must restrain India from resorting to “state terrorism in Kashmir”.
  • Topic: Human Rights, Religion, United Nations, Territorial Disputes, Self Determination
  • Political Geography: Pakistan, South Asia, India, Punjab, Jammu and Kashmir
  • Author: Sadia Rafique, Khalid Manzoor Butt
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: Socio, economic and political involvement of women as half of the total populace is important to reinforce society and state. In every sphere of life, women have been found under-represented one way or the other. The women of Iran are not exempted from this. This paper evaluates women‟s position in two different periods in the history of Iran, i.e., during the rule of the Pahlavi Dynasty, and during the period of the post Islamic Republic. The objective of the paper is, first, to highlight the treatment meted out to women in Iran and shed light on various spheres of social life while comparing the two periods. Secondly, to examine factors that have affected the position of women in Iran
  • Topic: Gender Issues, Human Rights, Islam, History, Governance, Women, Inequality
  • Political Geography: Iran, Middle East, Asia
  • Author: Farhan Navid Yousaf
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: South Asian Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: South Asia hosts almost a quarter of the world‟s population. Despite achieving consistent economic growth, the region is marked by dense poverty and human deprivation. In this article, I discuss the issue of human security and argue that governments of the region need to focus on burgeoning nontraditional security threats to promote well-being of the people and improve the quality of their lives by investing resources in human development and implementing the constitutional provisions needed to protect fundamental human rights and dignity. In order to address political-economic-social-cultural disparities and achieve prosperity, the onus is far more on the countries themselves to prioritize the human security agenda through mutual collaboration.
  • Topic: Security, Human Rights, Poverty, Regional Cooperation, Inequality, Economy
  • Political Geography: Pakistan, South Asia, Punjab
  • Author: Erika Weinthal
  • Publication Date: 10-2017
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: In the Middle East, water often crosses political borders; because water is a shared resource, its effective management demands cooperation among different users. In the absence of cooperation, conflict is likely. Indeed, conflict and cooperation over shared water has defined Israeli-Palestinian relations since 1967 when Israel gained full control over the Eastern and recharge zone of the western Mountain aquifer, as well as the southern Coastal aquifer. These resources, combined with water from the Sea of Galilee have provided about 60% of Israel’s water consumption. With the occupation of the West Bank and Gaza Strip in 1967, Israel placed restrictions on the drilling of new wells for the Palestinian population in the West Bank, and instead chose to supply water to Palestinian households through its national water company, Mekorot. The signing of the 1993 Declaration of Principles on Interim Self-Government Arrangements (Oslo I) and the 1995 Interim Agreement on the West Bank and Gaza Strip (Oslo II) between Israel and the Palestinian Liberation Organization offered an historic opportunity to move from conflict to cooperation over shared water resources. Unlike many other peace agreements, water was codified in the Oslo Accords, as it was understood that water sharing was of critical importance for human security, economic development, and regional cooperation. Specifically, the Oslo Accords called for the creation of a Joint Water Committee (JWC) during an interim period before the final status negotiations, comprised of equal number of members from Israel and the Palestinian Authority, whose functions would include the coordinated management of water resources and water and sewage systems in the West Bank. Oslo II, Article 40 on water and sewage recognized Palestinian water rights in the West Bank and the need to develop additional water supply. Oslo II also detailed specific water quantities to be allocated to the Palestinian population, mostly from the eastern Mountain aquifer in the West Bank.
  • Topic: Development, Human Rights, Natural Resources, Water, Conflict, Negotiation, Sanitation
  • Political Geography: Middle East, Israel, Palestine, West Bank