Showing papers in "The International Journal of Human Rights in 2002"
TL;DR: In this paper, the International Journal of Human Rights: Vol. 6, No. 1, pp. 81-102, the authors discuss Humanitarian Intervention and State Sovereignty.
Abstract: (2002). Humanitarian Intervention and State Sovereignty. The International Journal of Human Rights: Vol. 6, No. 1, pp. 81-102.
216 citations
TL;DR: In this article, a political and legal philosophy of humanitarian action that is more explicitly built on human rights and international humanitarian law is proposed, which is a mixture of a simple ethic of charity and a more politically connected theory of rights.
Abstract: This article supports the efforts of humanitarian agencies working in armed conflict to recognise a political and legal philosophy of humanitarian action that is more explicitly built on human rights and international humanitarian law. It regards humanitarian philosophy as a mixture of a simple ethic of charity and a more politically connected theory of rights. It observes the dangers of a strong philanthropy-only tendency that persists in international humanitarianism and argues that basing humanitarian action primarily on the ethic of charity is not sufficient for two reasons. First, because such charity seldom demands political responsibility from others. Second, because the virtue of charity can often be distorted into dysfunctional and patronising relationships between western aid givers and their 'beneficiaries' that can be colonial and even racist at heart. To move beyond a dysfunctional philanthropic mindset, the article sees better understanding of and respect for international humanitarian law (...
63 citations
TL;DR: The authors examines the nature of economic, social, social and cultural rights and analyzes the challenges to their justiciability and enforceability, concluding that the satisfaction of these rights requires society to have 'favourable' economic conditions or resources.
Abstract: Human rights are usually classified into two groups: (1) civil and political rights and (2) economic, social and cultural rights. Economic, social and cultural rights aim to ensure the satisfaction of basic human needs, such as food, health, employment and education. The satisfaction of these rights usually requires society to have 'favourable' economic conditions or resources. While the two classifications of rights are said to be interdependent and indivisible, the issue of whether economic, social and cultural rights are true rights or mere aspirational targets has attracted considerable scholarly debate and discussion among the international community. This article examines the nature of these rights and analyzes the challenges to their justiciability and enforceability.
24 citations
TL;DR: In this article, the authors summarise ten basic and fundamental human rights from the Islamic perspective, based mainly on the two major Islamic sources, namely, the Holy Qur'an (the Holy book in Islam) and Hadith (the sayings and deeds of the prophet of Islam).
Abstract: This article briefly summarises ten basic and fundamental human rights from the Islamic perspective. These ten rights will be based mainly on the two major Islamic sources, namely, the Holy Qur'an (the Holy book in Islam) and Hadith (the sayings and deeds of the prophet of Islam.). These rights are as follows: (1) The Right to Life, (2) The Right to Live in Dignity, (3) The Right to Justice, (4) The Right to Equal Protection of the Law, (5) The Right of Choice, (6) The Right of Free Expression, (7) The Right to Privacy, (8) The Right of Property, (9) The Right to Basic Necessities of Life and (10) The Right to Revolt. The major goal of this article is to refute the argument by some scholars that human rights are a recent and modern achievement and that they are quite foreign to Islamic culture.
23 citations
TL;DR: In this article, the authors discuss three factors which constitute obstacles to the abolition of capital punishment globally: the risk of war, the existence of authoritarian regimes and terrorism/anti-terrorism.
Abstract: Historically, leading proponents of the abolition of the death penalty have advocated a strategy of phases concentrating on peacetime first, and addressing wartime or periods under military law only later. However, states which have renounced the death penalty in fact have tended to do so in time of war as well as in peacetime. Does this mean that there is no point any longer in singling out situations of war for specific analysis or prediction of what can be expected politically? This article discusses three factors which constitute obstacles to the abolition of capital punishment globally: the risk of war, the existence of authoritarian regimes and terrorism/anti-terrorism. The analysis indicates that the relevance of war is not any less than it was, rather the contrary.
18 citations
TL;DR: In this paper, the rationality of following a commander's orders to kill is examined, with special attention to the soldier's and the executioner's epistemological situation, and it emerges that legal execution and killing in war do not differ in any morally significant way from the killing involved in many cases usually labelled as'murder'.
Abstract: Three types of paid killing are considered: state execution, killing in war by soldiers, and contract killing by hitmen. In order to render comprehensible how agents can bring themselves to do what may seem unthinkable, the similarities between illegal and legal killings are explored. Because paid killing, whether legal or illegal, involves the same schema, [commanderakilleravictim], the rationality of following a commander's orders to kill is examined, with special attention to the soldier's and the executioner's epistemological situation. When an agent's own interpretation is taken into consideration, it emerges that legal execution and killing in war do not differ in any morally significant way from the killing involved in many cases usually labelled as 'murder'. Because the commonsense distinction between legal and illegal killing has no substantive moral basis, anyone who condemns contract killing should, in consistency, condemn state execution and military killing as well.
16 citations
TL;DR: In this paper, a revised framework for incorporating gender into the study of genocide and ethnic conflict is presented. But it confuses sex and gender; is based on a misguided analogy with the legal term "genocide"; and constitutes too narrow a focus for the inclusive study of gender as a variable in comparative genocide studies.
Abstract: The study of gender as a variable in ethnic conflict and genocide has been dominated by feminist approaches emphasising women's human rights. Adam Jones and other authors have recently sought to apply gender to a different context: the sex-selective massacre of adult civilian males. While an important extension of feminist approaches, the new 'gendercide' literature contains certain analytical inconsistencies and substantive limitations. In particular, it confuses sex and gender; is based on a misguided analogy with the legal term 'genocide'; and constitutes too narrow a focus for the inclusive study of gender as a variable in comparative genocide studies. I conclude with a revised framework for incorporating gender into the study of genocide and ethnic conflict.
15 citations
12 citations
TL;DR: In this article, the rehabilitation of the Ahiska (Meskhetian) Turks to their home villages in southern Georgia from where they were deported by Stalin in 1944 to Kyrgyzstan, Kazakhstan and Uzbekistan is discussed.
Abstract: This article discusses the rehabilitation of the Ahiska (Meskhetian) Turks to their home villages in southern Georgia from where they were deported by Stalin in 1944 to Kyrgyzstan, Kazakhstan and Uzbekistan The strategic importance of Meskheti-Javakheti is explored considering the 'rehabilitation demands' of the Ahiska (Meskhetian) Turks together with regional as well as international dynamics Within that context, international obligations of Georgia are emphasised with a special focus on the formal and informal practices of the Georgian government and the position of the countries having interest in this region The Ahiska (Meskhetian) Turk issue has gained a transnational character, and the role of states and international institutions in creating and shaping ethnic identities has significantly increased
11 citations
TL;DR: In this paper, the authors investigate to what extent, on what legal basis and in what situation, the European Court of Human Rights can take humanitarian law into account, focusing on deprivation of life during an armed conflict and the issue of the consistency of the European Convention on Human Rights vis-a-vis other provisions and principles of humanitarian law.
Abstract: The general aim of the article is to investigate to what extent, on what legal basis and in what situation, the European Court of Human Rights can take humanitarian law into account. It focuses on deprivation of life during an armed conflict and it addresses the issue of the consistency of the European Convention on Human Rights vis-a-vis other provisions and principles of humanitarian law. The article opts for a teleological interpretation of the Convention, that views humanitarian law as its case-specific interpretative instrument. The Convention itself, instruments of humanitarian law, as well as the Vienna Convention on the Law of Treaties constitute the legal basis of the discussion.
11 citations
TL;DR: In this article, the authors investigate the conceptual and some of the ethical problems, including apparent conflicts with other pressing goals such as the alleviation of poverty, and conclude that the concept of sustainable development has a substantive core, and that radical reforms of human systems allow this right and goal to be reconciled with other human needs.
Abstract: Although South Africa has adopted the notion of ecologically sustainable development not only as a human right entrenched in its Constitution, but also as one of its major policy objectives, there are major practical, conceptual, and ethical stumbling blocks impeding the achievement of this goal. In this article we investigate the conceptual and some of the ethical problems, including apparent conflicts with other pressing goals such as the alleviation of poverty. We conclude that the concept of ecologically sustainable development has a substantive core, and that radical reforms of human systems allow this right and goal to be reconciled with other human needs.
TL;DR: In this paper, decision-making rules and procedures for humanitarian intervention are presented, and the International Journal of Human Rights: Vol. 6, No. 1, pp. 127-138.
Abstract: (2002). Decision-making Rules and Procedures for Humanitarian Intervention. The International Journal of Human Rights: Vol. 6, No. 1, pp. 127-138.
TL;DR: In this article, the status of refugees and its importance, and the principle of non-refoulement and its reach, the contemporary relevance of the 1951 Refugee Convention and its suitability in dealing with refugee problems are analyzed.
Abstract: This article aims to establish, through an analysis of both the status of refugees and its importance, and the principle of non-refoulement and its reach, the contemporary relevance of the 1951 Refugee Convention and its suitability in dealing with refugee problems. It concludes that a broadening of the definition should be seriously considered in order to make the law adequate to the necessities of this new era. Special attention should be paid to refugee groups such as children, women, and IDPs to make refugee law a complete and effective law.
TL;DR: Anthropology has been opposed to human rights on the grounds both of cultural relativism and scientific positivism as discussed by the authors, however, as an academic discipline, it is a cultural practice with internal norms that require it to respect the peoples that it studies.
Abstract: Anthropology has been opposed to human rights on the grounds both of cultural relativism and scientific positivism. As an academic discipline, however, it is a cultural practice with internal norms that require it to respect the peoples that it studies. These norms have enabled anthropology to go beyond relativism and positivism and effect a reconciliation with human rights. This reconciliation has strengthened the political and international dimensions of the discipline, while the anthropological perspective of human rights has challenged the legalistic elitism of human rights discourse and shown the way to a democratisation of human rights.
TL;DR: In this paper, the authors present observations from teaching about human rights to a group of police officers in a North African Muslim country and suggest that there was no need for external advice.
Abstract: Many countries have been seeking assistance from the United Nations to improve the human rights training of their police officers. It is believed that information about human rights practices around the world, knowledge of UN guidelines, and instruction about humane police practices will help the police officers improve their treatment of suspects and arrestees. This article presents observations from teaching about human rights to a group of police officers in a North African Muslim country. In discussion, the police officers denied any violations of human rights in their country and suggested that there was no need for external advice. The examination reveals a deeper malaise; one which is prevalent in most police organisations. This study suggests that the mere provision and exposure to information is unlikely to bring about major changes in any police organisation. Despite overwhelming evidence and public knowledge of rights violations and police mal-practice, the officers maintain a spirit of self-de...
TL;DR: The extent to which the UN Human Rights Committee (HRC) has contributed to the global realisation of human rights within the ICCPR framework since it held its first meeting in March 1977 can be considered as satisfactory.
Abstract: After a brief referral to the events leading up to the setting up of the framework under which the HRC functions this article considers whether the extent to which the UN Human Rights Committee (HRC) has contributed to the global realisation of human rights within the ICCPR framework since it held its first meeting in March 1977 can be considered as satisfactory.
TL;DR: An examination of the history of Australia's interaction with the international human rights regime tests the arguments of liberal internationalist theory as mentioned in this paper, finding that since 1997 the government has exceeded those bounds.
Abstract: An examination of the history of Australia's interaction with the international human rights regime tests the arguments of liberal internationalist theory It identifies the normal variability evident within Australia's international human rights policy since 1945, but finds that since 1997 the government has exceeded those bounds Explanations for the qualitative change in Australia's policy are primarily circumstantial However, given the convergence between the norms underpinning a liberal democracy and those of the international human rights regime, liberal internationalist theory would anticipate that the response of liberal states to their international legal obligations would be predictable, dependable and compliant, particularly in relation to human rights That this is not the case brings into question the assumptions underpinning the theory
TL;DR: This paper argued that the relevance of these rights claims to the euthanasia debate has been overstated, and pointed out that the bluntness of the rights claims in the context of the debate is illustrative of the fact that the concept of rights is unsuitable device for resolving moral disputes which involve conflicting rights.
Abstract: It has been claimed that the arguments for and against euthanasia have not changed in the last 120 years. Throughout this period, two rights claims have been thought to be central to the debate. The right to autonomy is invoked by many euthanasists as the main argument in support of euthanasia. This is often countered by the claim that euthanasia violates the right to life. This article argues that the relevance of these rights claims to the euthanasia debate has been overstated. More generally, it is argued that the bluntness of the rights claims in the context of the euthanasia debate is illustrative of the fact that the concept of rights is an unsuitable device for resolving moral disputes which involve conflicting rights.
TL;DR: The increasing justiciability of economic and social rights, together with moves at the international level to develop a rights-based accountability for private actors, suggests that the sector may soon assume legal responsibilities, in line with the expansion of human rights from its classical concern of action by the state as mentioned in this paper.
Abstract: Increasingly, including in developing countries, the private sector impacts significantly on rights to education and the highest attainable standard of health. How, though, can a state ensure that this is a positive impact? And, if a violation of rights does occur, how should culpability be divided between the state and the private sector? The increasing justiciability of economic and social rights, together with moves at the international level to develop a rights-based accountability for private actors, suggests that the sector may soon assume legal responsibilities, in line with the expansion of human rights from its classical concern of action by the state.
TL;DR: The International Journal of Human Rights: Vol 6, No 4, No. 4, pp. 121-134, 2002 as mentioned in this paper has published a review article - What's So Wrong with Human Rights?
Abstract: (2002). REVIEW ARTICLE - What's So Wrong with Human Rights? The International Journal of Human Rights: Vol. 6, No. 4, pp. 121-134.
TL;DR: The authors surveys recent practice in the application of universal jurisdiction to seek the accountability for crimes committed in another jurisdiction, where the accused is present and the victims are not of the pursuing state's populace.
Abstract: This article surveys recent practice in the application of universal jurisdiction to seek the accountability for crimes committed in another jurisdiction, where the accused is present and the victims are not of the pursuing state's populace. While the principle of universal jurisdiction is well established in customary international law, its application is developing in a piecemeal fashion, with many judges unsure of the scope or power of the principle. Such patchy application and the fact that most seeking jurisdictions are in the 'global north' while the target accused are in the 'south' risks provoking political objections and claims that such actions are illegitimate. There is thus a need for rationalization of practice to avoid accusations of bias and illegitimacy.