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  • Author: Alan McPherson
  • Publication Date: 01-2021
  • Content Type: Journal Article
  • Journal: Strategic Visions
  • Institution: Center for the Study of Force and Diplomacy, Temple University
  • Abstract: Contents News from the Director Fall 2020 Lecture Series ……………2 Fall 2020 Prizes …………………….3 Funding and the Immerman Fund ….3 Note from the Davis Fellow …………4 Temple Community Interviews Dr. Joel Blaxland …………………5 Dr. Kaete O’Connell ……………….6 Jared Pentz ………………………….7 Brian McNamara …………………8 Keith Riley …………………………9 Book Reviews Kissinger and Latin America: Intervention, Human Rights, and Diplomacy Review by Graydon Dennison …10 America’s Middlemen: Power at the Edge of Empire Review by Ryan Langton ……13 Anthropology, Colonial Policy and the Decline of French Empire in Africa Review by Grace Anne Parker ...16 Latin America and the Global Cold War Review by Casey VanSise ……19
  • Topic: Foreign Policy, Diplomacy, Human Rights, Military Intervention, Empire
  • Political Geography: United States, France, Latin America, Global Focus
  • Author: David Crow, James Ron
  • Publication Date: 03-2020
  • Content Type: Journal Article
  • Journal: Political Science Quarterly
  • Institution: Academy of Political Science
  • Abstract: David Crow and James Ron look at how global publics view the relationship between human rights organizations and the U.S. government. They argue that ordinary people across various world regions do not perceive human rights groups as “handmaidens” of U.S. foreign policy.
  • Topic: Foreign Policy, Government, Human Rights, Non-Governmental Organization, Public Opinion
  • Political Geography: Global Focus, United States of America
  • Author: Erin Engstran, Caitlin Flynn, Meg Harris
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Journal of Public and International Affairs (JPIA)
  • Institution: School of Public and International Affairs, Princeton University
  • Abstract: Women make up more than 80 percent of North Korean migrants to South Korea. This paper provides a gendered analysis of their migration and offers recommendations to address the systematic oppression and abuse of North Korean migrant women and girls. Gendered human rights abuses and societal shifts in gender roles due to famine contributed to women leaving in record numbers. On the journey, often via China, women face human trafficking fueled by China’s skewed sex ratios, sexual violence, and the threat of extradition back to North Korea where defectors are imprisoned, tortured, or killed. Even those who successfully complete the journey suffer from post-traumatic stress disorder, discrimination, and difficulty adjusting into South Korean society. Interventions and policies must acknowledge the gendered dimension of migration to effectively address the harm North Korean women and girls experience.
  • Topic: International Relations, Gender Issues, Human Rights, Migration, Women, Refugees, Gender Based Violence , Human Trafficking
  • Political Geography: China, South Korea, North Korea, Asia-Pacific
  • Author: Matej Jungwirth
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Journal of Public and International Affairs (JPIA)
  • Institution: School of Public and International Affairs, Princeton University
  • Abstract: This paper explores the high seas as a critical space for the formulation and development of international human rights law in two inter-related areas: anti-piracy campaigns and rescue of the so-called “boat people.” While the high seas have been instrumental in promoting inter-state cooperation and coordination, I argue that they have also laid bare the limits of states’ nominal commitments to rights protection. Using historical case studies of the Vietnam crisis, Haiti arrivals to the United States, and the current marine policies of Australia, I show that states too often willfully neglect their human rights obligations. In doing so, these states might succeed in protecting their short-term interests, but undermine the foundations of international human rights regimes in the long run.
  • Topic: Human Rights, Migration, Refugees, Maritime
  • Political Geography: Vietnam, Australia, Australia/Pacific, North America, Southeast Asia, United States of America
  • Author: Sheena Chestnut Greitens, Myunghee Lee, Emir Yazici
  • Publication Date: 02-2020
  • Content Type: Journal Article
  • Journal: International Security
  • Institution: Belfer Center for Science and International Affairs, Harvard University
  • Abstract: In early 2017, the Chinese Communist Party changed its internal security strategy in Xinjiang, escalating collective detention, ideological re-education, and pressure on Uyghur diaspora networks. This strategy shift was likely catalyzed by changing perceptions of Uyghur involvement in transnational Islamic militancy in Southeast Asia and the Middle East, heightening perceived domestic vulnerability to terrorism.
  • Topic: Security, Human Rights, Minorities, Counter-terrorism, Repression
  • Political Geography: China, Asia, Xinjiang
  • Author: Rami G. Khouri
  • Publication Date: 01-2020
  • 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 grievances that exploded all over the Arab region between 2010 and 2020 are historic in so many ways that it is hard to know where to start understanding them. Scholars should avoid a single-focus analysis and instead grasp why the protests across nearly a dozen countries have addressed almost every dimension of material, political, and psychological life. Four key factors that converge, though, should take priority in any assessment of what this decade means for the Arab region: (1) the expanding range of rights, denials, and grievances that citizens raise; (2) the fact that Arabs have unsuccessfully tried to redress these grievances since the 1970s without receiving any serious responses from their states; (3) the demands today to go well beyond reforms in individual policies and instead totally overhaul the governance systems and throw out the ruling elites; and, (4) the simultaneous uprisings across much of the Arab region, revealing the common suffering of citizens and the incompetence of governments in about a dozen states at least. In short, the deterioration of the quality of citizenship and the dilapidated state of public services and governance have reached such a severe condition that they have caused mass eruptions by citizens in multiple lands to redress these stressful and often dehumanizing realities.
  • Topic: Human Rights, Social Movement, Reform, Citizenship, Arab Spring, History , Accountability
  • Political Geography: Middle East, North Africa
  • Author: Mark L Schneider
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: Violence and crime in the Northern Triangle Countries (NTC) of El Salvador, Guatemala, and Honduras continue to endanger citizen security in those countries, as well as in Mexico and in the United States. The extent, conditions, and policy responses are important in and of themselves, but also because this violence constitutes one of the significant factors driving migration toward the United States.
  • Topic: Security, Crime, Human Rights, Migration
  • Political Geography: Central America, North America, Mexico, Honduras, Guatemala, El Salvador
  • Author: Sushant Naidu, Mahmood Monshipouri, Jodie G. Roure, David T. Johnson, Randolph B. Persaud, Jackson Yoder, Debra L. DeLaet, Nicholas McMurry, Kathleen Mahoney, Morten Koch Andersen
  • Publication Date: 08-2020
  • Content Type: Journal Article
  • Journal: The Journal of Diplomacy and International Relations
  • Institution: School of Diplomacy and International Relations, Seton Hall University
  • Abstract: For centuries, protests have been used to mobilize citizenry in efforts to bring about sweeping change in different parts of the world. Protestors have protested to convey their discontent, to demand a moral response, and to speak truth to power. In 2010, antigovernment protests in Egypt inspired similar uprisings in other Arab countries, which became known as the Arab Spring. This year, the killings of Ahmaud Arbery, Breonna Taylor, and George Floyd have led people in the US and across the world to march against racism and police brutality. Despite a global pandemic, thousands have taken to the streets to demand justice for Black lives, demonstrating that the principle of equality, a common moral good, is worth risking both health and life. “Human Rights: An Uprising,” the second issue of our twenty-first volume, sheds light not only on the right to protest itself, but the human rights that have inspired them. Mahmood Monshipouri explores the variations and similarities in contemporary protest while discussing the Black Lives Matter movement. Joudie Roure addresses gender-based violence and LGBTQI rights in Puerto Rico, especially the murder of trans women. Debra DeLaet explains the importance of soft law approaches in making progress toward the realization of gender-based human rights and LGBTQI rights. Randolph Persaud and Jackson Yoder apply the concept of homo sacer to examine differential rights within two key areas: migrants/refugees/asylum seekers in Europe and the effects of COVID-19 on African Americans in the US. Nicholas McMurry argues that the right to be heard is developing in human rights law as expounded in the practice of the UN treaty bodies. Kathleen Mahoney discusses Indigenous rights in Canada. Morten Andersen argues that an investigation of the relationship between corruption and human rights is best viewed as a framework of socially constructed norms, political power, and the complex interrelation of political, legal, economic, and social systems. Finally, David Johnson writes about the origins, causes, and contemporary implications of extrajudicial killings in the Philippines. This issue sheds light on the strata of protests and human rights. It further affirms the growing political salience of human rights and the power of social movements to overcome the tyranny of exclusion, greed, and special interests which have always undermined them.
  • Topic: Corruption, Gender Issues, Human Rights, Migration, Natural Disasters, Women, Protests, Violence, LGBT+, Crisis Management, Indigenous, COVID-19, Biopolitics
  • Political Geography: Philippines, Asia-Pacific, Global Focus
  • Author: Marie Davoise
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: In July 2019, the International Law Commission (ILC) provisionally adopted, on first reading, a series of draft principles on the protection of the environment in relation to armed conflict (the Draft Principles). The role of businesses in armed conflict is addressed in Draft Principle 10 and Draft Principle 11. The latter, in particular, requires States to implement appropriate measures to ensure that corporations operating in or from their territories can be held accountable for environmental harm in the context of armed conflict. The inclusion of those two Draft Principles reflects increasingly vocal calls for corporate accountability, which has been the focus of the growing field of Business and Human Rights (BHR), an umbrella term encompassing a variety of legal regimes from tort law to criminal law. This contribution will look at the link between businesses, the environment, and armed conflict. Using the newly adopted Draft Principle 11 as a starting point, it explores three major liability regimes through which businesses could be held accountable for damage to the environment in armed conflict: State responsibility, international criminal law, and transnational tort litigation. Using case studies, the article discusses some of the challenges associated with each of those regimes, before concluding that the cross-fertilization phenomenon observed in this article (between public/private law, domestic/international level, and across various jurisdictions) is making BHR an increasingly salient discipline and useful tool in the fight against impunity for corporate environmental harm in armed conflict.
  • Topic: Human Rights, International Law, Business , Conflict
  • Political Geography: Global Focus
  • Author: Karen Hulme
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Environmental protection is not specifically included in treaty law relating to State obligations during situations of occupation. While clearly not of the same scale as damage caused to the environment during armed conflict, damage caused during occupation is often similar in nature – largely due to those who seek to exploit any governance vacuum and a failure to restore damaged environments. What can human rights offer in helping to protect the environment during occupations? What protection can be offered by an analysis of environmental human rights law?
  • Topic: Environment, Human Rights, Governance, Conflict
  • Political Geography: Global Focus
  • Author: Kiera Coulter, Samantha Sabo, Daniel E. Martinez, Katelyn Chisholm, Kelsey Gonzalez, Edrick Villalobos, Diego Garcia, Taylor Levy, Jeremy Slack
  • Publication Date: 04-2020
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: The routine human rights abuses and due process violations of unaccompanied alien children (UAC) by US Customs and Border Protection (CBP) have contributed to a mounting humanitarian and legal crisis along the US–Mexico border. In the United States, the treatment of UAC is governed by laws, policies, and standards drawn from the Flores Settlement, the Trafficking Victims Protection Reauthorization Act (TVPRA), and CBP procedures and directives, which are intended to ensure UAC’s protection, well-being, and ability to pursue relief from removal, such as asylum. As nongovernmental organizations and human rights groups have documented, however, CBP has repeatedly violated these legal standards and policies, and subjected UAC to abuses and rights violations. This article draws from surveys of 97 recently deported Mexican UAC, which examine their experiences with US immigration authorities. The study finds that Mexican UAC are detained in subpar conditions, are routinely not screened for fear of return to their home countries or for human trafficking, and are not sufficiently informed about the deportation process. The article recommends that CBP should take immediate steps to improve the treatment of UAC, that CBP and other entities responsible for the care of UAC be monitored to ensure their compliance with US law and policy, and that Mexican UAC be afforded the same procedures and protection under the TVPRA as UAC from noncontiguous states.
  • Topic: Human Rights, Migration, Border Control, Children, Youth, Humanitarian Crisis
  • Political Geography: North America, United States of America
  • Author: Muhammad Usman Saeed, Mian Hanan Ahmad, Noshina Saleem
  • Publication Date: 07-2020
  • Content Type: Journal Article
  • Journal: Journal of Political Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: In the context of modern information and communication systems, present study was designed to examine the information and communication imbalances among the developed and under developed countries in tweets of international news agencies during 2010-16. Theoretically, the study takes roots from world system theory and structural imperialism theory. Methodologically, the triangulation of method is used. Firstly, the content analysis was performed on purposively selected tweets of four international news agencies; AFP, AP, Reuters and Xinhua about the 15 sample countries for the period of 7 year from 2010-2016. Further, the social network analysis technique was used to examine the network structures of international news determinants and world countries. This study revealed that core and semi-periphery countries are shared more and framed positively, while periphery countries are shared less and portrayal negatively not only by the international news agencies but also by their followers. Further, it was also found that Reuters’ tweets agenda about core, periphery and semi-periphery countries is different from other news agencies specifically from Xinhua. Moreover, study also found that in the tweets of international news agencies the core and semi-periphery countries are covered and shared in context of foreign relations, trade, economy, entertainment, and human interest, while periphery countries are covered and shared with reference to conflicts, disasters, and human rights violations.
  • Topic: Development, Human Rights, Communications, Media, Social Media, Conflict
  • Political Geography: Global Focus
  • Author: Thiago Rodrigues, Tadeu Maciel, Joao Paulo Duarte
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Contexto Internacional
  • Institution: Institute of International Relations, Pontifical Catholic University of Rio de Janeiro
  • Abstract: The 70th anniversary of the Universal Declaration of Human Rights (UDHR) in December 2018 created a need to problematise its precepts and their political consequences in contempo- rary times. Drawing on Michel Foucault’s genealogical approach to power, this article analyses the normative inscription of the UDHR as the emergence of a juridical-political device that produces new modulations of biopolitics. As such, it is not based on peace, as is commonly argued, but on the permanent reinscription of war, sometimes in dimensions that go beyond the boundaries of sovereignty.
  • Topic: Human Rights, United Nations, War, Intellectual History, Conflict, Peace
  • Political Geography: Global Focus
  • Author: Daniel Campos de Carvalho
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Contexto Internacional
  • Institution: Institute of International Relations, Pontifical Catholic University of Rio de Janeiro
  • Abstract: In this article, we use the notion of legitimacy to analyse shifts in global humanitarian interventions since the 1990s, culminating in the contested adoption of the Responsibility to Protect (R2P) framework under the United Nations umbrella in 2005. We assess how this important shift was disputed with narratives of protection and interference, and argue that the engagement of non- hegemonic actors (specifically Brazil and Russia) with the scope of humanitarian protection has influenced the substantive legitimacy of this global governance issue over the past three decades by creating a norm-making proce
  • Topic: Human Rights, Governance, Humanitarian Intervention, Legitimacy
  • Political Geography: Russia, Europe, Brazil, South America
  • Author: Carlos Espaliú Berdud
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Journal on International Security Studies (RESI)
  • Institution: International Security Studies Group (GESI) at the University of Granada
  • Abstract: In view of the magnitude of the migration crisis, the SEGERICO research group at the Nebrija University in Madrid organised a call for papers, inviting all interested researchers to join us in the reflection on these relevant events, which we wanted to describe metaphorically in the image of the migration crisis knocking on the door of Fortress ‘Europe’. As a result of this reflection, we present to the general public, and to the scientific community in particular, a selection of six articles that address specific aspects of this crisis of human dignity and security, but that together provide a global and multi-faceted image of it, in accordance with the composition of our research group.
  • Topic: Human Rights, Migration, Governance, European Union, Refugees
  • Political Geography: Europe
  • Author: Sonia Boulos
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Journal on International Security Studies (RESI)
  • Institution: International Security Studies Group (GESI) at the University of Granada
  • Abstract: The perception of Islam as antithetical to European human rights values is widespread in Europe. Such perceptions complicate the task of integrating Muslim minorities across Europe. While incrementing respect to human rights norms among migrant communities is an important element of any integration policy, this goal should not be perused by forcing migrant communities to adhere to human rights norms based on purely secular grounds. The drafting history of the Universal Declaration of Human Rights is the ultimate proof that human rights can be justified from different political, philosophical and religious perspectives. While European States cannot compromise their commitment to human rights, even in relation to migrant communities, still, they must allow other narratives on the importance and the meaning of human rights to emerge. Muslim migrant communities must be allowed to engage in intra-group religion-based dialogues to reevaluate their stance on human rights and to debate their meaning. After being given the opportunity to engage in internal debates on the significance of human rights, Muslim migrant communities should also be engaged in cross-cultural dialogues with the rest of community to generate a wider agreement on the meaning and the application of human rights. This two-fold strategy is consistent with the principle of subsidiarity, which suggests that for human rights be effective they must be seen as legitimate by all those small groups that are close to the individual. Such legitimacy cannot be imposed from the outside, it must emerge from within these small groups. However, for these intra-group and cross-cultural dialogues to succeed, the separation of religion and State cannot be understood as the complete exclusion of religion from the public sphere. Individuals of different philosophical or religious convictions must have an equal access to public debates on the centrality of human rights in the European legal order.
  • Topic: Human Rights, Islam, Religion, Culture, Integration
  • Political Geography: Europe
  • Author: Fatma Akkan Güngör, Zehra Aksu
  • Publication Date: 09-2020
  • Content Type: Journal Article
  • Journal: Novus Orbis: Journal of Politics & International Relations
  • Institution: Department of International Relations, Karadeniz Technical University
  • Abstract: The 20th century has been regulated with a conservative principle due to the fact that states could not be able to solve their national and international problems on their own, and therefore should embrace the concept of global cooperation. That is the reason why state sovereignty has been the subject of many discussions until today. When peace emerged as a human right in the form of solidarity, it was taken into consideration in the literature together with the concept of humanitarian intervention. Furthermore, after that, its validity was discussed in the context of state sovereignty. While all these discussions are taking place, many philosophers/academics, who focus on the problematic of state right or human right and whose ideas evolve to peace studies over the inevitability of wars and reach a stalemate between the subject or state over the right of intervention, bring the old concepts back to the agenda and produce new ideas for the new order. Based on the question of whether peace should be in the system or within the nation, the main problematic in this era is whether a society that includes the entire universe or a system in which the sovereignty principles of states will continue and whether a system, in which wars are also possible, will be accepted as "right" by the subject. | 20. yüzyıl devletler için ulusal ve uluslararası sorunlarını tek başlarına çözemeyecekleri ve bu nedenle küresel işbirliğine yanaşmaları düzleminde muhafazakar ilkeyle düzenlenmiş ve günümüze kadar geçen sürede devlet egemenliği birçok tartışmaya konu olmuştur. Barış, dayanışma türünde bir insan hakkı olarak ortaya çıktığında literatürde insani müdahale kavramı ile birlikte ele alınmış ve sonrasında devlet egemenliği bağlamında geçerliliği tartışılmıştır. Tüm bu tartışmalar yaşanırken devlet hakkı mı insan hakkı mı sorunsalına odaklanan ve savaşların kaçınılmazlığı üzerinden barış çalışmalarına evrilen ve müdahale hakkı üzerine özne mi devlet mi çıkmazında kalan birçok düşünür, eski kavramları yeniden gündeme taşımakta ve yeni düzene yeni düşünceler üretmektedir. Barışın sistemde mi ulusta mı olması gerektiği sorusu üzerinden hareketle ana sorunsal, bu çağda tüm evreni içine alacak bir toplumun mu yoksa devletlerin egemenlik ilkelerinin devam edeceği ve savaşların da olası olduğu bir sistemin mi özne tarafından doğru kabul edileceğidir.
  • Topic: Human Rights, International Cooperation, Sovereignty, Self Determination, Humanitarian Intervention, Peace
  • Political Geography: Global Focus
  • Author: Jaesoo Park
  • Publication Date: 08-2020
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: Myanmar has crafted a neutral foreign policy since its colonial years to avoid leaning too much on any foreign power, but a spiraling political crisis at home is pushing it toward China as a buffer against international outrage. Myanmar faces charges of genocide against the Rohingya. China has backed Myanmar in the UN. In fact, China is in a similar situation. China is grappling with international criticism over the perceived repression of ethnic Uighur people. Myanmar is exposed to various words and loud in the international community. So Myanmar wants to improve relations with China and is turning into an active cooperative attitude as a strategy to secure a friendly army. This paper shows how the diplomatic relations between Myanmar and China are changing, and how Myanmar’s foreign strategy toward China is approaching. Also, this article analyzes the outlook of diplomatic relations and the implications of the current situation.
  • Topic: Diplomacy, Human Rights, Bilateral Relations, Belt and Road Initiative (BRI), Rohingya
  • Political Geography: China, Myanmar, Indo-Pacific
  • Author: Moosa Akefi Ghaziani, Mohmmad Akefi Ghaziani
  • Publication Date: 12-2020
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.
  • Topic: Human Rights, Law, Norms
  • Political Geography: Iran, Middle East, Saudi Arabia
  • Author: Claudia Fuentes-Julio, Raslan Ibrahim
  • Publication Date: 09-2019
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: The role of human rights abuses in the causes, dynamics, and consequences of conflict illustrate the importance of a human rights approach to conflict resolution:1 if human rights are part of the problem, they must be part of the solution. This essay aims to show how a human rights perspective can improve the odds of transforming violent conflicts into sustainable peace by enhancing the design and implementation of peace processes and conflict resolution practices. In doing so, we will clarify the main characteristics of a human rights approach to conflict resolution and identify a set of human rights standards to guide its implementation. We will then briefly analyze the Colombian and the Israeli-Palestinian peace processes, each through the lens of the human rights approach. These two cases illustrate opposite ends of the spectrum when considering the inclusion of human rights in conflict resolution. At one end, the Colombian peace process illustrates how negotiations and a final agreement can recognize peace as a human right, highlighting the need to transform the structural conditions of injustice and human rights violations that give rise to armed conflict. At the other end, in the Oslo Accords between Israel and the Palestine Liberation Organization, human rights are virtually absent despite the fact that systematic abuses are among the main underlying causes and consequences of the conflict. In the conclusion, we address one of the main criticisms and challenges of a human rights–based approach to conflict resolution.
  • Topic: Human Rights, Conflict, Peace
  • Political Geography: Middle East, Israel, Colombia, Palestine, South America
  • Author: Jon Temin, Yoseph Badwaza
  • Publication Date: 07-2019
  • Content Type: Journal Article
  • Journal: Journal of Democracy
  • Institution: National Endowment for Democracy
  • Abstract: While enormous challenges persist, the ongoing political opening in Ethiopia offers an opportunity for the expansion of democracy and respect for human rights in a geopolitically important state, and is already having significant implications for peace and security in the Horn of Africa. Managing massive expectations, maintaining stability, and instituting a political order in which the country’s divergent political groups and ethnic communities are meaningfully represented and at peace with each other are key tests that will determine the trajectory of Prime Minister Abiy Ahmed’s bold political experiment. With robust citizen engagement and prudent international support, there is reason to believe that the challenges are surmountable.
  • Topic: Human Rights, United Nations, Democracy, Political stability
  • Political Geography: Africa, Ethiopia
  • Author: Liam Halewood
  • Publication Date: 08-2019
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: In 2015, the United Kingdom (UK) became the first European State to incorporate extraterritorial targeted killing with drones into its counterterrorism framework. This article examines whether the UK’s obligations under the European Convention on Human Rights (ECHR) extend to such operations. Scholars have suggested not, based on a comparison of a drone strike to the circumstances of the landmark Bankovic case, which was inadmissible on jurisdictional grounds. Consequently, the UK policy is perceived as occurring in a legal black.hole outside the purview of the Convention. However, this article argues that the comparisons to Bankovic overlook the uniqueness of targeted killing operations and the context in which the UK policy is utilized. Considering the distinctiveness of the UK policy, this article re-evaluates the applicability of the ECHR and proposes that the European Court of Human Rights (ECtHR) could find a jurisdictional link between the UK and the victims of targeted killing, thereby avoiding the perceived legal black.hole.
  • Topic: Human Rights, Military Strategy, Drones, Extrajudicial Killings
  • Political Geography: United Kingdom, Europe
  • Author: Severin Meier
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: This article examines the extraterritorial application of the European Convention on Human Rights (ECHR) during international armed conflict. After a brief discussion of the different historic origins of international human rights law and international humanitarian law (IHL), the article examines the test for establishing jurisdiction under Article 1 of the ECHR. A critical analysis of some contentious legal issues regarding derogations completes the picture of when jurisdiction is established. Subsequently, the article considers the interaction between the ECHR and IHL in international armed conflicts and concludes by arguing that a balance must be found between protecting human rights in international armed conflicts while not interfering unduly with IHL.
  • Topic: Human Rights, International Law, Conflict
  • Political Geography: Europe
  • Author: Julia Bialek
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
  • Topic: Globalization, Human Rights, Treaties and Agreements, transnationalism
  • Political Geography: Global Focus
  • Author: Gülsen Kaya Osmanbaşoğlu
  • Publication Date: 04-2019
  • Content Type: Journal Article
  • Journal: Journal of Academic Inquiries
  • Institution: Sakarya University (SAU)
  • Abstract: Along with Turkey’s changing refugee policy from the Eurocentric, secular nation-state ideology to the neo-Ottomanist one on the state level, there also exist main handicaps on the micro power level concerning the successful coordination of the refugee issue with full respect of the human rights. Economic, cultural and especially political factors play a role in the relationship between Syrians and Turkish residents. Fragmentation within the Syrian community living in Turkey is also evident. On the other hand, different from the state policy, Turkish people implicitly show their reluctance towards this migration wave without creating a social turmoil. In this line, it is suggested here that Neo-Ottomanism, as a rising trend, helps a considerable majority of the society to take a moderate stance towards the immigration flux.
  • Topic: Human Rights, Migration, Syrian War, Neo-Ottomanism
  • Political Geography: Turkey, Middle East, Syria
  • 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: Syed Shahbaz Hussain, Ghulam Mustafa, Muhammad Imran, Adnan Nawaz
  • Publication Date: 07-2019
  • Content Type: Journal Article
  • Journal: Journal of Political Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The Kashmir issue is a primary source of resentment between India and Pakistan. It is considered the oldest issue on the schedule of the Security Council yet to be resolved. This divisive issue remained unsolved and has become the nuclear flashpoint. The peace of the South Asian region is severely contingent upon the peaceful resolution of the Kashmir dispute. It is not only the pivot of bitterness in the bilateral relation of India and Pakistan, it also a continuous threat to the regional peace in South Asia. This study critically assesses and evaluated the issue in the perspective of historical facts and current context regarding Kashmir. Chronological data presented and describe that the Kashmir issue has deteriorated the fragile security of South Asian region and remained a continuous threat of nuclear escalation in the region. Kashmir issue has severe implications for populace of Kashmir as well as for the region
  • Topic: Conflict Prevention, Security, Human Rights, Territorial Disputes
  • Political Geography: Pakistan, South Asia, India, Kashmir
  • Author: Haroon Rafique
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: Journal of Political Studies
  • Institution: Department of Political Science, University of the Punjab
  • Abstract: The landmark United Nations Convention on the Rights of the Child (UNCRC) introduced „unique‟ provision of the right to child participation in its Article 12. This Convention, ratified by most states including Pakistan, gives right of participation to children in making decisions on matters related to them and makes it binding for the states to implement it in letter and spirit. The state is responsible for creating enabling environment which includes creation of necessary institutions, enacting or where necessary amending laws, formulating policies and strategies, allocating sufficient budgets, making congenial environment for NGOs and public consultations. This paper argues that state in Pakistan has not been able to sufficiently develop the enabling environment to fulfill the obligations that resulted in the aftermath of ratification UNCRC.
  • Topic: Government, Human Rights, United Nations, Children
  • Political Geography: Pakistan, Global Focus
  • Author: Aleksandra Gryzlak
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: Warsaw East European Review (WEER)
  • Institution: Centre for East European Studies, University of Warsaw
  • Abstract: From the very beginnings of Soviet rule in Georgia, the communists were not very popular throughout Georgian society and treated as occupants. Almost all active forms of resistance ceased to exist after the bloody suppression of the August Uprising of 19241. The massive purge of the Georgian intelligentsia that followed deprived the nation of its patriotic elites. Only after the death of Stalin and in the wake of Nikita Khrushchev’s famous speech in 1956, did the situation change. Khrushchev’s words of accusation and criticism, leveled at Stalin for his cult of personality and other mistakes, were treated in Georgia as an attack on their nation and an element of Russian chauvinism. It gave rise to a series of mass protests in Tbilisi in March 1956, that were brutally dispersed by the army. Approxi- mately 150 people died as a result2. During the 1950s and 60s, Vasilii Mzhavanadze was the leader of the Georgian Com- munist Party. In keeping with Khrushchev’s strategy of somewhat reduced control over the national republics, one could observe a consolidation of power by the ruling elite in Geor- gia3. This led to the spread of corruption, bribery and other illegal economic operations. Despite a weak economy, according to official statistics, the average Georgian’s savings in the 1970s were nearly twice that of the average Russian. Also, during this time, a very high number of educated specialists – who while graduating, did not take job assignments were still able to live reasonably well. Another phenomenon characteristic for the 1950s and 60s was a growing sense of nationalism. Symptoms of this included a relatively small number of national minority representatives able to gain access to higher education in the Georgian Republic, as well as clear-cut Georgian control over local and national party structures. The situation did not change after the fall of Khrushchev.4 Only in the early 1970s, did things start to change. In 1972, the key position of the First Secretary of the Georgian Communist Party was passed to the former Minister of the Inte- rior – Eduard Shevardnadze, who began his rule with a broad campaign against corruption, overgrown bureaucracy, nepotism, and the so-called “second economy” (black market). Harsh administrative methods used in this campaign brought some positive effects – especially in the agricultural sector – but also resulted in a negative reaction from Georgian society5. Shevardnadze was also supposed to fight against growing Georgian nationalism. Campaigns, that condemned such things as reluctance to learn Russian lan- guage and promotion of national chauvinism in culture, were initiated. The teaching cur- riculum of the subject of history was also put under siege by the new authorities.
  • Topic: Agriculture, Communism, Corruption, Human Rights, Nationalism, Culture
  • Political Geography: Europe, Eastern Europe, Soviet Union, Georgia
  • 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: Swe Zin Linn Phyu
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: In many non-Western societies there are still challenges to the legibility, and hence applicability, of international human rights law. This is partly due to the gap between Western legal regime and local cultural contexts. However, with the process of vernacularization some of this gap has been bridged, especially in issues of relating to women rights. This paper explores how NGOs and Human Rights defenders in Bangkok have adopted the process of vernacularization to enhance disability rights.
  • Topic: Human Rights, International Law, Disability, NGOs
  • Political Geography: Asia, Thailand, Southeast Asia, Bangkok
  • Author: Mazhar Ali Khan
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: The question of ratification of the Rome Statute of International Criminal Court is one of the most debated questions in public international law. Because it involves strict commitment to human rights many states often see it as a hurdle to their national interests. Nevertheless a number of states have ratified the statute except a few. Pakistan is one of those states that have not ratified the Rome Statute even though it has been a party to various other treaties on human rights. This article focuses on the question why Pakistan did not ratify the statute? The article also provides recommendations how the ratification can be made possible.
  • Topic: Human Rights, International Law, Islamic State, International Community, International Criminal Court (ICC), Rome Statute, Universal Jurisdiction
  • Political Geography: Pakistan, South Asia, Global Focus
  • Author: Sajad Rasool, Zahid Anwar
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: This article focuses on internal displacement of the tribal people from North Waziristan Agency in the wake of military operation called Zarb-e-Azb. It takes Abharam Maslow’s model of hierarch of needs for analyzing the life of IDPs in camps. We argue that the institutions responsible for taking care of the camps tried their best to cope with the situation nevertheless, keeping in view Maslow’s model of hierarchy of needs, the IDPs faced difficulties to overcome their biological and psychological trauma.
  • Topic: Human Rights, Displacement, Trauma
  • Political Geography: Pakistan, Afghanistan, South Asia
  • Author: Cecile Fabre
  • Publication Date: 09-2018
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: Most foreign policy is not implemented through war. Yet, with a few recent exceptions—like James Pattison’s 2018 monograph The Alternatives to War—political and moral philosophers have yet to explore all options between war and doing nothing.1 Here I consider one such option: subversive interference in a democracy’s nationwide elections. In that regard, the years 2016–2017 have proved rich in controversies. In France, Russian banks with close ties to the Kremlin provided cash loans to the National Front in the run-up to the 2017 presidential elections. In December 2017, the Australian premier announced a tightening of restrictions on foreign funding of political parties out of concern with alleged and undue Chinese influence on some Australian politicians. Last, but far from least, in the United States the Office of the Director of National Intelligence along with the CIA, FBI, and NSA all take the strong view, backed in part by social media data, that Russian authorities actively sought to undermine Hillary Clinton’s 2016 presidential campaign and to bolster Donald Trump’s.2 Interestingly, however, some of President Putin’s critics are vulnerable to the charge of hypocrisy. To give but two examples, the United States has a long history of interfering in the institutions and elections of its Latin American neighbors and, indeed, at the height of the Cold War, of its European allies. More recently, many believe that, absent U.S.-driven assistance, the Democratic Opposition of Serbia would have lost the 2000 Yugoslavian presidential election to Slobodan Milošević.3 Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war and, indeed, other forms of coercive diplomacy. Perhaps this is because, to many people, the rights of democratic participation have primacy over all other rights; or because most often electoral subversion takes place covertly. Either way, given how destructive those other modes of interference are, this is puzzling. I frame my inquiry as follows. I focus on the state-sponsored, nonviolent, nonkinetic subversion of nationwide elections (for short, subversion). Moreover, because I am interested in exploring whether there are any situations in which subversion may be justified, I consider cases in which subversion is used as a means to prevent or end large-scale human rights violations, though my argument also has implications for subversion as a tool of foreign policy in general. In addition, my aim is not to evaluate subversion as an alternative to war or, for that matter, to other measures, such as economic sanctions. Due to space constraints, I simply wish to show that, under certain conditions and subject to certain constraints, subversion is pro tanto justified. Whether it is justified all things considered—and, in particular, once one has taken into account other options—is another matter and one that I cannot settle here. Finally, although subversion affects election candidates, it above all undermines a citizen’s right to vote. Accordingly, in what follows I focus on the latter and not the former. Attempting to subvert the democratic elections of a putatively sovereign country is a time-honored way of bending the latter’s domestic and foreign policy to one’s will. However, it seems to elicit far more condemnation than war. Before I begin, let me outline the overall normative framework on which my arguments rely. I take it for granted that all individuals, wherever they reside in the world, have rights to the freedoms and the resources they need to lead a minimally flourishing life—in other words, human rights. Moreover, they hold those rights against all human beings and their respective governments. Put differently, on this cosmopolitan view, all of us, wherever we reside in the world, are under duties to all other individuals, wherever they reside, to respect their human rights. How precisely we discharge those duties partly depends on the institutional structures under which we live. Be that as it may, I am not under a stronger duty to respect my compatriots’ human rights—for example, not to be killed or to be given means of subsistence—than I am to respect those same rights of noncompatriots, and vice versa
  • Topic: Foreign Policy, Human Rights, Sovereignty, Elections, Election Interference
  • Political Geography: Global Focus
  • Author: Ş. İlgü Özler
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Institution: Carnegie Council
  • Abstract: On December 10, 1948, the United Nations General Assembly passed the Universal Declaration of Human Rights (UDHR), the most significant statement from the global community regarding what constitutes the ideal human life in any society and the rights to which all people are entitled. On the basis of the principles laid out in the UDHR, the international community has since negotiated a large number of human rights treaties and conventions and has developed plans of action in relation to all aspects of living a dignified life. The UDHR is arguably one of the most important documents in the history of human civilization; and to the extent that words on paper can change the world, the impact of the UDHR has been profound. However, despite providing a solid foundation for our collective understanding of the rights to which human beings are endowed, today we are still far from realizing these goals, and threats to the very principles enshrined in the UDHR continue to emerge. The declaration has now endured for seventy years, roughly the global average human life span. Thus, this occasion presents a good opportunity to take stock of what has been achieved, what has yet to be accomplished, and to consider the future longevity of this seminal declaration. As with any interpretation of something as complex as the impact of a document on the world, assessments of the UDHR and its ongoing role are mixed. Many in the field of human rights see a glass half full, characterizing the UDHR as a powerful tool that has dramatically shaped political and economic development throughout the world.1 Others focus on the space that remains empty, emphasizing the flaws that inhibit the realization of the document’s goals.2 Indeed, it must be admitted that, even given the indisputable progress that has been made over seven decades, there are today growing threats to human rights. These threats are the consequence of a number of global developments, including shifting geopolitical balances, extreme economic and social inequality, climate change, and a weakening of democratic institutions. These threats are very real, and it is important that human rights proponents monitor and respond to them. But here I argue that the threat to human rights is ever present. And thus, rather than focus on the advances and setbacks of this particular moment, this anniversary is an opportunity to consider the overall historical progression toward human rights as embodied in the UDHR and the obstacles that stand in the way of its full realization. Taking this broader view, there are two issues in particular that stand out as barriers to be overcome. The first is tied to the Westphalian state system, which has come to dominate human political organization. State sovereignty presents a fundamental challenge to any effort to establish universal norms. Implementing universal human rights will always be tremendously difficult in a system that affords final authority to state leaders who lack the necessary incentives. This is nothing new or surprising, of course, and it is not unique to human rights. But it nonetheless requires a careful consideration of how international declarations make their way from ideas on paper to practice. A declaration is only significant to the extent to which it is adhered. As a document with universal endorsement, the UDHR does indeed have power, and it can shape the behavior of actors who otherwise risk appearing to stand against history and human civilization. It can also be used as a normative weapon, both by citizens and by the international community, to shame hypocrites who violate the principles to which they and every nation in the world have agreed. But it is, nonetheless, just a document, and without correspondingly strong global institutional mechanisms to ensure implementation and compliance, its impact is limited. The second major issue is the way in which human rights ideals have been segmented. The separation of rights into social/economic and civil/political has enabled states to focus on some rights to the neglect of others. Global power shifts, especially under the hegemony of the post–Cold War United States, have led to exaggerated selective emphasis on just some of the rights embedded in the UDHR, when in fact none can be fully realized without a comprehensive approach. Political rights cannot be effectively exercised by those lacking access to basic economic necessities. And those meeting their economic needs may find that their voices as citizens are meaningless in a system characterized by vast inequality or in which national institutions are infected by mechanisms that leave them politically marginalized. Rights must be recognized as interconnected and they must be advanced in tandem. Emphasis on some principles to the exclusion of others undermines the comprehensive advancement of human rights. Thus, the current state of affairs is a product of the collective failure to address human rights holistically and to implement real monitoring and accountability measures for states, which are directly charged with upholding them within their borders.
  • Topic: Human Rights, United Nations, Hegemony, State Formation
  • Political Geography: Global Focus
  • 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: Floris Tan
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: This article examines an underexplored avenue for the protection of the rule of law in Europe: Article 18 of the European Convention on Human Rights. This provision prohibits States from restricting the rights enshrined in the European Convention for any other purpose than provided for in the Convention. In this contribution, the author argues, based on a combination of textual, systematic and purposive interpretations of Article 18, that the provision is meant to safeguard against rule of law backsliding, in particular because governmental restrictions of human rights under false pretenses present a clear danger to the principles of legality and the supremacy of law. Such limitations of rights under the guise of legitimate purposes go against the assumption of good faith underlying the Convention, which presupposes that all States share a common goal of reinforcing human rights and the rule of law. Article 18 could therefore function as an early warning that European States are at risk of becoming an illiberal democracy or even of reverting to totalitarianism and the destruction of the rule of law. The article then goes on to assess the extent to which the European Court’s case-law reflects and realizes this aim of rule of law protection, and finds that whereas the Court’s earlier case-law left very little room for an effective application of Article 18, the November 2017 Grand Chamber judgment in Merabishvili v. Georgia has made large strides in effectuating the provision’s raison d’être. As the article shows, however, even under this new interpretation, challenges remain.
  • Topic: Human Rights, International Law, Rule of Law
  • Political Geography: Europe
  • 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: Judithanne Scourfield McLauchlan
  • Publication Date: 11-2018
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova’s Justice Sector Reform Strategy (2011-2015), the Council of Europe’s Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova’s National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.
  • Topic: Human Rights, Reform, European Union, Judiciary
  • Political Geography: Europe, Moldova
  • Author: Nikola Gjorshoski
  • Publication Date: 06-2018
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: One of the essential postulates of political orientation and determination for the building of stable societies and a functioning political system in its content recognizes and imposes the need to examine the relation of relevant political actors to constitutionalism and human rights as concepts and preoccupations for any modern society. Also, constitutionalism and human rights and freedoms as its inseparable category manifest the political values and the corpus of essential and common political goals and commitments of a particular political community. Political Islam as an ideological political subject has its own sources and a valuable orientation framework through which prisms and perceptions can be interpreted or extracted by individual axiological determinants to certain issues. This paper analyzes exactly the relations of political Islam with constitutionalism and human rights, and similarly to the so-called framework it draws attention to the concepts of power, the mechanisms of control and compliance with the Sharia regulations. At the same time, the importance of human rights and freedoms in the Islamic narrative, their nature and scope, as well as the differences with the western established documents in this area are emphasized and analyzed.
  • Topic: Government, Human Rights, Islam, Constitution, Sharia
  • Political Geography: Middle East, North Africa, Global Focus
  • Author: Irena Cuculoska
  • Publication Date: 02-2018
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies, and agencies of the Union, without mentioning the Member States. This gives it a narrower scope than that given in Article 51.1 concerning the scope of the Charter as a whole. This paper discusses the question of applicability of the right to good administration regarding the implications of Article 41 in this respect. The doubt that stems from this is whether the content of 51.1 prevails or, on the contrary, it must be ignored and taken as reference to the particular provision in Article 41.
  • Topic: Human Rights, Treaties and Agreements, Governance, European Union, Political Rights
  • Political Geography: Europe
  • Author: Jumoke Adegbonmire
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: State responsibility is a cardinal principle of international law. The doctrine of State sovereignty under international law accords States’ legal personality and requires that they fulfill international obligations. International law imposes obligations on States to perform their duties in ensuring that a breach of international law does not go unpunished. Consequences for such actions means that States need to adhere to procedural and substantive law in addition to offering reparation for the violation of an international obligation. In the past, violation of an international obligation was only attributed to States as they were considered to be the only entity that could possess rights and duties within the international sphere. Therefore States were considered to be the only ones that could be criminally liable for acts that could be attributed to them. But the development in human rights law and the advent of rules governing personal criminal responsibility has extended the scope of international obligations under international law to include States and individuals as being liable for international crimes. The international law disallows immunity from prosecution in foreign domestic courts for the most serious crimes: Re-Pinochet case. This means State responsibility and individual responsibility for wrongful acts are not mutually exclusive.
  • Topic: Crime, Human Rights, International Law, Torture, Extradition
  • Political Geography: Turkey, Saudi Arabia
  • Author: Alvin Cheng-Hin Lim
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Journal: Review of Human Rights
  • Institution: Society of Social Science Academics (SSSA)
  • Abstract: In the run-up to the 2018 general elections, the Cambodian government severely restricted political and human rights, including dissolving the primary opposition party—the Cambodia National Rescue Party. Supporters of the government have articulated defenses of these restrictions, including a line of argument, which echoes the long-standing Asian values debate. This article will examine the purge of political and human rights in Cambodia in 2016-17, and will also assess the justifications for these restrictions.
  • Topic: Government, Human Rights, Elections, Democracy
  • Political Geography: Asia, Cambodia, Southeast Asia