Queering Reparations Under International Law: Damages, Suffering, and (Heteronormative) Kinship

International Obligation ◽

International Human ◽

The Right ◽

The Ideal

It is a long-standing principle of international law that every breach of an international obligation that results in harm gives rise to a duty to make adequate reparation. Reparations can take different forms, from the ideal of full restitution to the provision of satisfaction, and the payment of compensation. Notwithstanding reparation's main aim––to ameliorate, if not eradicate, the detrimental consequences of an internationally wrongful act–– it also serves other purposes, such as reinforcing the authority of the norm breached, acknowledging the injury, and recognizing the bearer of harm (the victim). This essay adopts a queer approach to examine the role played by reparation–– in particular, compensation––in determining what (and whose) suffering matters to international law. With a focus on internationally wrongful acts that result in deprivation of life, this piece discusses who is seen as worthy of redress when a violation of the right to life has taken place, as this, in turn, speaks volumes about who is seen as legally entitled to suffer, to mourn and, ultimately, to love. This essay argues that reparation orders from international human rights courts offer a valuable opportunity for re-evaluating––and perhaps even overcoming––heteronormative understandings of kinship.

Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

International Journal of Engineering & Technology ◽

10.14419/ijet.v7i3.30.18224 ◽

2018 ◽

Vol 7 (3.30) ◽

pp. 182

Author(s):

Syafiq Sulaiman ◽

Salawati Mat Basir ◽

Mohd Zamre Mohd Zahir

Keyword(s):

Human Rights ◽

International Law ◽

Asylum Seekers ◽

Law Of The Sea ◽

Human Rights Law ◽

Right To Life ◽

International Human ◽

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.

Chapter 18. The effective convergence between IHL and international human rights law in guaranteeing the right to life in situations of volatile occupation

The Law of Occupation ◽

10.1163/ej.9789004162464.i-760.142 ◽

2009 ◽

pp. 439-457

Keyword(s):

Human Rights ◽

Human Rights Law ◽

Right To Life ◽

International Human ◽

Defending Human Rights and Democracy in the Era of Globalization - Advances in Religious and Cultural Studies ◽

States' Procedural Obligations Regarding Private Military and Security Companies' Activities

10.4018/978-1-5225-0723-9.ch013 ◽

2017 ◽

pp. 302-336

Author(s):

Zafeiris Tsiftzis

Keyword(s):

Human Rights ◽

Crucial Role ◽

Human Rights Law ◽

Right To Life ◽

Human Rights Abuses ◽

International Human ◽

The Right ◽

Security Companies

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.

13. The right to life

10.1093/he/9780198805212.003.0013 ◽

2017 ◽

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

National Security ◽

Death Penalty ◽

Human Rights Law ◽

Right To Life ◽

Security Forces ◽

International Human ◽

This chapter examines African, American, European, and international jurisprudence on the right to life. It discusses the positive obligation incumbent on States to protect life; the permissible deprivation of life (the death penalty, death caused by national security forces, and death during armed conflict); and the issue of genocide. The chapter concludes that the right to life is of paramount importance in international human rights law. International law covers not only the straightforward human rights aspects, but also extends to the prevention and punishment of the crime of genocide.

The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels

The Law and Development Review ◽

10.2202/1943-3867.1007 ◽

2008 ◽

Vol 1 (1) ◽

Cited By ~ 6

Author(s):

Bhupinder Chimni

Keyword(s):

Human Rights ◽

International Law ◽

Technological Progress ◽

International System ◽

Social Constraints ◽

Right To Development ◽

The Social ◽

International Human ◽

The Sen conception of `development as freedom' represents a departure from previous approaches to development that focused merely on growth rates or technological progress. Sen however fails to adequately address the social constraints that inhibit the realization of the goal of `development as freedom.' There is an interesting parallel here with developments in contemporary international law. While contemporary international law incorporates the idea of `development as freedom' in international human rights instruments, in particular the Declaration on the Right to Development, mainstream international law scholarship has like Sen failed to indicate the constraints in the international system that prevent its attainment. Since Sen is today among the foremost thinkers on the idea of development reviewing the parallels between his conception of development and mainstream international law scholarship is helpful as it offers insights into the limits of both.

Conflict over Conflict: The Right to Strike in International Law

Global Labour Journal ◽

10.15173/glj.v8i1.2649 ◽

2017 ◽

Vol 8 (1) ◽

Author(s):

Diane F Frey

Keyword(s):

Human Rights ◽

International Law ◽

Political Rights ◽

International Labour Organisation ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

The Right of Self-Determination: Its Emergence, Development, and Controversy

Jurnal Konstitusi ◽

10.31078/jk1211 ◽

2016 ◽

Vol 12 (1) ◽

pp. 1

Author(s):

Munafrizal Manan

Keyword(s):

Human Rights ◽

International Law ◽

Self Determination ◽

Human Rights Law ◽

Human Right ◽

International Human ◽

The Right ◽

Right Of Self Determination

This paper discusses the right of self-determinationfrom international law and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

The Limits of Law

Feeding the Hungry ◽

10.7591/cornell/9781501751165.003.0006 ◽

2020 ◽

pp. 109-130

Author(s):

Michelle Jurkovich

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

Human Right ◽

Right To Food ◽

International Human ◽

This chapter considers the puzzling role of international law around the right to food and examines why the existing law has been unable to generate norms within the advocacy community. It explores the reasons why international anti-hunger organizations rarely legitimate the right to food in legal terms and how this case can challenge the understanding of the relationships between norms, human rights, and law. It also provides a conceptual discussion of the distinction between formal law and norms, underscoring the importance of not conflating the two concepts. The chapter argues that many international anti-hunger organizations still do not conceptualize food as a human right, making international human rights law less relevant. It looks at the hunger case that suggests there is nothing automatic about law generating norms among activists or society at large.

Containment Instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Human Rights Law Review ◽

10.1093/hrlr/ngaa011 ◽

2020 ◽

Vol 20 (2) ◽

pp. 306-332

Author(s):

Annick Pijnenburg

Keyword(s):

Human Rights ◽

International Law ◽

State Responsibility ◽

Human Rights Law ◽

Migration Control ◽

International Human ◽

The Right ◽

And Training

Abstract Containment policies whereby destination States provide funding, equipment and training to transit States that intercept refugees on their behalf suggest that destination States try to circumvent the prohibition of refoulement and raise the question to what extent destination States can avoid responsibility for violations of the rights of migrants and refugees by cooperating with transit States. Answering this question requires broadening the analysis beyond the principle of non-refoulement, including not only international human rights law, especially the right to leave and the concept of jurisdiction, but also the law of State responsibility, notably the prohibition of complicity. This article argues that, although it remains debatable whether the principle of non-refoulement applies when transit States intercept migrants and refugees on behalf of sponsoring destination States, the wider network of international law rules constrains the latter’s ability to avoid responsibility when implementing cooperative migration control policies.

Extra-judicial killings and human rights law: Bangladesh perspective

International Journal of Law and Management ◽

10.1108/ijlma-11-2016-0140 ◽

2017 ◽

Vol 59 (6) ◽

pp. 1116-1125 ◽

Cited By ~ 1

Author(s):

Md Sazzad Hossain

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Human Rights Law ◽

Right To Life ◽

Law Enforcement Agencies ◽

Content Type ◽

International Human ◽

Purpose The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh. Design/methodology/approach This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights. Findings This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family. Research limitations/implications While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions. Originality/value This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.