International Terrorism and Human Rights

2014 ◽  
Vol 4 (1) ◽  
pp. 1-33
Author(s):  
Sundaresh MENON

Following the attacks of September 11, 2001, a line was crossed in the history of terrorism and political violence—many things we had until then taken for granted were lost. This paper analyzes the relationship between international terrorism and human rights and examines how these two concepts—which some suggest are antithetical—might appropriately be spoken of in the same breath even in the aftermath of those terrible attacks. The overarching thesis is that counter-terror efforts must be approached in a way that endeavours to achieve a positive relation to, and co-existence with, the system of human rights at both international and national levels. In this connection, Singapore's approach to counter-terrorism will be considered, providing food for thought on how far it achieves a balance between security and liberty.

2018 ◽  
Vol 112 (4) ◽  
pp. 553-582 ◽  
Author(s):  
Boyd van Dijk

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.


2018 ◽  
Vol 30 (1) ◽  
pp. 44-63 ◽  
Author(s):  
Marcela Ruiz ◽  
Oriana Bernasconi

This study analyzes socio-discursive categories used to define and classify the political violence exerted in Chilean human rights reports (1974–1978) to understand the emergence of the repertoire of repression and the construction of victimhood as a social recognition and communicative process in Latin America during the 1970s. These reports are addressed as a professional discursive genre produced by non-governmental organizations whose purpose is to denounce the violation of human rights in the context of political controversies as well as in the Chilean totalitarian context. The discursive genre is characterized by objectivity, the credibility of the information, the event-based approach, the use of statistics to establish the type and magnitude of the violation of human rights. The corpus analyzed consists of 44 reports belonging to human rights archives. The statistical section and comments were coded according to narrative categories (participants, action, cause, time and space). The results show the predominance of the legal perspective to classify the violation of human rights, the emergence of the category of enforced disappearance, the relationship with the socio-political context and the categories elaborated to identify patterns of violation of human rights.


2007 ◽  
Vol 3 (4) ◽  
pp. 305-312
Author(s):  
Andrew Lynch

In this comment, the author takes issue with Professor Tushnet’s favourable stance on the protection which political controls can afford human rights relative to legal ones. Writing in a jurisdiction with no formal legal instrument of human rights enables the author to speak with experience of the operation of political controls in a ‘pristine parliamentary environment’. The author outlines the ineffectiveness in the Australian experience of counter-terrorism since September 11 of many of the mechanisms which Tushnet has suggested impose constraints upon the diminishment of liberties. The comment concludes that the essential condition for the enhancement of political controls is the presence of legal ones.


Author(s):  
Maya Hertig Randall

Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It highlights the interlocking challenges of the Cold War and of decolonization and also underscores disagreement among allied nations as well as attempts to ‘export’ the domestic conception of human rights. Three issues central to completing the International Bill of Human Rights are analysed: (1) identification of the rights to be included; (2) States’ obligations to give effect to human rights on the domestic level; and (3) international supervision mechanisms. These issues are closely related to the decision to divide human rights into two Covenants. In tracing the major controversies and decisions reached, light is also cast on the relationship and characteristics of civil and political rights and economic, social, and cultural rights, as understood at the time.


2021 ◽  

Despite the current prevalence of English as a lingua franca in international law, many international lawyers in countries such as Portugal, Brazil, Mozambique, and Angola have written a number of works in Portuguese. While more than ever, scholars from Portuguese-speaking countries have contributed to international legal journals and edited volumes in English, international legal scholars still insist on writing in Portuguese for several reasons. Portugal and Brazil have a long history of engagement with international legal concepts, institutions, and rules, which also stems from their long and well-established diplomatic traditions. For centuries, Portuguese international lawyers, followed by those in Brazil, have dealt with international legal issues and reflected upon them in the Portuguese language. In addition, states where Portuguese is spoken that emerged after the decolonization movement have made the language relevant, especially in several African countries. Factors related to the editorial market are also noteworthy. Portuguese-speaking countries have populations that total nearly 300 million. A stable demand exists for works written in Portuguese: a significant number of international law textbooks are written in the language. One cannot underestimate the deliberate interest shown by some scholars in writing in Portuguese to stimulate a necessary polyphony in the international legal discipline and, in many cases, to give form to acts of resistance to what is seen as the prevalence of English in the current international law literature. International law literature written in Portuguese has shown a slight preference for specific topics, such as the law of the sea, sources, the relationship between international and domestic law, and human rights. The oceans have been economically and strategically crucial for Portugal and its former colonies for centuries. Preference given to sources is due also perhaps to the strong relevance that Romano-Germanic legal systems attach to formal legal sources. As seen in different parts of the world, the growing call for domestic actors, including courts, to interpret and apply international law helps to explain the increasing volume of work on the relationship between international and domestic law and human rights. This article has three main parts. The first part deals with Textbooks, Treatises, and Encyclopedias. The second concerns specific chapters of international law in which relevant literature written in Portuguese is identifiable. Although this article is mainly focused on books, the last section is devoted to the most pertinent international legal Journals and Blogs published in Portuguese. Most of the works are written by Brazilian scholars. However, this choice detracts in no way from the quality of scholarship in other Portuguese-speaking countries; rather, it derives from an attempt to present a wide variety of works, in different subfields of the discipline, in the Portuguese language. The higher number of books and journals published in Brazil derives from that country’s population of over 200 million and, consequently, to the presence of a large legal community there. Additionally, the existence of hundreds of law schools in that country and the fact that international law is a mandatory subject in their curricula are relevant factors.


This volume explores philosophical questions raised by the dual status of human rights as moral rights, on the one hand, and legally, politically, and historically practised rights, on the other. Its topics include: the relevance of the history of human rights to their philosophical comprehension (Part I); the “Orthodox–Political” debate (II); how to properly understand the relationship between human rights morality and law (III); how to balance the normative character of human rights—their description of an ideal world—with the requirement that they be feasible in the here and now (IV); the role of human rights in a world shaped by politics and power (V); and how to reconcile the individualistic and communitarian aspects of human rights (VI). All chapters are accompanied by critical commentaries. And the volume includes a comprehensive introduction, which provides readers with a concise overview of the arguments in the main text.


Hawwa ◽  
2010 ◽  
Vol 8 (3) ◽  
pp. 317-347
Author(s):  
Rogaia Mustafa Abusharaf

AbstractThis essay presents a woman whose ideas not only signifies a challenge to conventional approaches to the relationship between colonialism and feminism, but also enables us to appreciate the intricacies and diversities of colonial experiences and the multiple roles played by individuals who wielded some level of authority in a colonised society. Since this essay is a tribute to Ina Beasley, it reproduces substantial excerpts from her papers on the subjects that engaged her most deeply during her Sudan service. Her writings shed new light on the social history of human rights during the Condominium, which matters both to scholars and to concerned citizens. In recognition of Ina Beasley, who devoted her life to improving the lives of women and children in a society rife with hardship and discriminatory practices, the essay addresses her work on education and its relevance to eradicating female circumcision that was universally practiced at the time. The essay begins with a brief discussion of Sudanese politics at the time of her arrival and then examines her work as educator who managed to craft several influential programs to empower women and girls. The rest of the paper focuses on her reproductive health advocacy as exemplified in a formidable body of work that articulated her activities and approaches to social rights.


1998 ◽  
Vol 38 (324) ◽  
pp. 409-419 ◽  
Author(s):  
Robert Kolb

Today there can no longer be any doubt: international humanitarian law and international human rights law are near relations. This oft-repeated observation must now be accepted by all. Many believe that the close relationship between these two areas existed and was perceived “from the outset”. That is not at all the case. Formerly assigned to separate legal categories, it was only under the persistent scrutiny of modern analysts that they revealed the common attributes which would seem to promise many fruitful exchanges in the future. Let us try to clarify the situation.


2007 ◽  
Vol 42 (3) ◽  
pp. 272-291 ◽  
Author(s):  
Adrian Guelke

AbstractPreserving Northern Ireland's peace process in the midst of a war against international terrorism has presented the British government with a series of dilemmas at the level of political rhetoric, policy-making and legislation. The peace process demands adherence to human rights standards to provide a foundation for the new political dispensation, while an implication of the necessity for a war against terrorism is that restrictions on liberty are justifiable in the name of security against the backdrop of the existence of an emergency. These conflicting conceptions for addressing political violence at the national and international level are addressed.


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