scholarly journals Sexual violence in the border zone: the EU, the Women, Peace and Security agenda and carceral humanitarianism in Libya

2020 ◽  
Vol 96 (5) ◽  
pp. 1209-1226
Author(s):  
Paul Kirby
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Mediterranean Sea ◽  
Border Zone ◽  
Regional Organizations ◽  
International Policy ◽  
Policy Documents ◽  
Striking Increase ◽  
Peace And Security ◽  
The Eu

Abstract The last decades have seen a striking increase in international policy seeking to protect against conflict-related sexual violence. Norms of protection are, however, unevenly applied in practice. In this article, I address one such situation: the significant and growing evidence of widespread sexual violence at detention sites in Libya where migrants are imprisoned after interception on the Mediterranean Sea. Drawing on policy documents, human rights reports, interviews with advocates and officials, and an analysis of debates in the EU Parliament and UNHCR's humanitarian evacuation scheme in Libya, I examine how abuses have been framed, and with what effects. I argue that decisions about protection are shaped not only by raced and gendered categorizations but also by a demarcation of bodies in the border zone, where vulnerability is to some degree acknowledged, but agency and responsibility also disavowed by politicians, diplomats and practitioners. The wrong of sexual violence is thus both explicitly recognized but also re-articulated in ways that lessen the obligations of the same states and regional organizations that otherwise champion the Women, Peace and Security (WPS) agenda. The combination of mass pullback and detention for many migrants with evacuation for a vulnerable few is an example of carceral humanitarianism, where ‘rescue’ often translates into confinement and abuse for unwelcome populations. My analysis highlights the importance of the positionality of migrants in the Libyan border zone for the form of recognition they are afforded, and the significant limits to the implementation of the EU's gender-responsive humanitarian policies in practice.

The Role of Regional Organizations in Reducing Organized Rape

2018 ◽  
Vol 5 (1) ◽  
pp. 102-110
Author(s):  
Amal Annooz ◽  
Qasem Janabi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Sexual Violence ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
European Convention ◽  
International Peace ◽  
Regional Organizations ◽  
Peace And Security

Abstract Organized rape in armed conflict is one of the most serious violations of human rights, which creates a clear crisis in the identity of the other party and solidifies the sense of bitterness of defeat. Rape in armed conflicts is thus different from that of others, which can have a negative impact on social and international peace and security. Conservative and racially conservative societies are also affected by systematic organized gang rape, which occurs systematically from parties to a non-international armed conflict or within the policy of the aggressor State in the event of an international armed conflict. In contrast to the efforts made by the United Nations to curb organized rape, regional organizations have made little effort in this direction. The role of regional organizations in the framework of Chapter VIII of the UN. Charter in reducing armed conflicts and protecting human rights, and in cooperation of the United Nations and the Security Council in the task of maintaining international peace and security. The European Convention on Human Rights has established a mechanism to monitor the extent to which individuals enjoy their rights and freedoms and the extent to which States parties respect them. The US Convention on Human Rights followed the same approach as the European Convention, but through the regulatory body of the American Commission on Human Rights and the American Court of Human Rights. Although women and children suffered systematic rape as a result of armed conflict on the African continent, the African Charter on Human Rights did not provide the necessary mechanisms to curb crimes of sexual violence, and the Arab Charter on Human Rights did not play a role in the face of organized rape. We therefore considered the adequacy of the provisions of the International Bill and the mechanisms of action of regional organizations in curbing the crimes of sexual violence, organized rape in particular in places of non-international armed conflict, and whether organized rape can be considered a violation of personal liberty and dignity. Or is it a crime against humanity? And other questions that can be raised, which we will try to answer in the context of this research.

scholarly journals EU peacebuilding’s new khaki: Exceptionalist militarism in the trading of good governed for military-capable states

Politics ◽  
2020 ◽  
pp. 026339572094734
Author(s):  
Marta Iñiguez de Heredia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Thematic Analysis ◽  
Good Governance ◽  
International Order ◽  
International Peace ◽  
Peace And Security ◽  
Liberal Peacebuilding ◽  
The Eu

This article explores how European Union (EU) peacebuilding is being reconfigured. Whereas the EU was once a bulwark of liberal peacebuilding, promoting a rule of law–based international order, it is now downplaying the goal of good governance and placing military capacity as central for international peace and security. Several works have analysed these changes but have not theorised militarism, despite war-waging and war-preparation have marked EU peacebuilding’s direction. The article argues that EU peacebuilding continues to expose elements of liberal militarism since its origins but is now changing from what Mabee and Vucetic call a nation-statist to an exceptionalist militarism. This shift implies that peace has ceased to be served by the intervention of sovereignty with a discourse based on the link between order, good governance, and human rights and is now premised on the upholding of sovereignty, even if that means the suspension of rights. The research draws on thematic analysis of EU documents and interviews undertaken with EU and G5 Sahel officials and managers of EU-funded peacebuilding programmes. It also briefly analyses the case of the Sahel as an example of how the build-up of states’ military capacity is strengthening states’ capacity to override human rights and repressing dissent.

scholarly journals Conceptual underpinnings of the EU’s commitment to human rights

2020 ◽  
pp. 62-78
Author(s):  
Lorena Sosa ◽  
Alexandra Timmer
Keyword(s):  
Human Rights ◽  
Policy Documents ◽  
Legal Subject ◽  
The Eu

Based primarily on legal and policy documents, this chapter outlines the European Union’s (EU’s) conceptions of human rights. It also identifies major conceptual challenges the EU faces in developing human rights action. Key among these conceptual challenges are the tensions between the EU’s economic objectives and upholding human rights, and the difficulty to create a universal and inclusive human rights legal subject. The chapter concludes by identifying opportunities to coin more inclusive and coherent conceptualisations by drawing on the concepts of vulnerability and intersectionality.

Human Rights in EU External Action

2021 ◽  
pp. 539-645
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Security Policy ◽  
Action Plan ◽  
External Action ◽  
Policy Documents ◽  
Specific Policy ◽  
Specific Objective ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Eu

This chapter describes the central aspects of human rights in EU external policies and representation. As such, it focuses on the second prong of the EU's relationship with human rights — their external promotion (as opposed to their internal protection). The general principles and objectives of EU external action are unsurprisingly enshrined in the EU Treaties. The most important provisions in this regard are Articles 3(5) and 21 TEU, although Article 49 TEU (enlargement) and Article 8 TEU (neighbourhood) in conjunction with Article 2 TEU (EU values) are also of relevance for the respective policy domains. When it comes to the specific objective of promoting human rights, the policy is elaborated in the EU Strategic Framework on Human Rights and Democracy, which constitutes the central reference point in EU human rights policy. It is complemented and operationalized by more specific policy documents (notably the EU Action Plan on Human Rights and Democracy) and instruments. The chapter also discusses the Common Foreign and Security Policy (CFSP).

scholarly journals System zarządzania kryzysami Unii Europejskiej – znaczenie dla bezpieczeństwa międzynarodowego

2018 ◽  
pp. 101-116
Author(s):  
Jolanta Bryła
Keyword(s):  
European Union ◽  
Crisis Management ◽  
Driving Forces ◽  
Rapid Evolution ◽  
The European Union ◽  
International Peace ◽  
Efficient Manner ◽  
Regional Organizations ◽  
Peace And Security ◽  
The Eu

The rapid evolution of numerous contemporary threats and the development of multilateralism constitute two significant driving forces for the intensified cooperation between the European Union and the United Nations as regards crisis management. Responding to crises (threats), both natural and man-induced, in an efficient manner requires effective crisis management in order to take steps as early as possible when a threat emerges. Given the increasing external expectations in this field addressed at the EU, it has gradually been developing relevant civil as well as military instruments of crisis management and response. The EU has also been developing collaboration with the UN which calls for increased commitment of regional organizations in bearing the costs of maintaining international peace and security. Although this cooperation is mutually beneficial, it is not free from weaknesses and limitations on various levels of operation.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

Introductory Note

2018 ◽  
Author(s):  
Guido Raimondi
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
European Public ◽  
Introductory Note ◽  
Un Security Council ◽  
The Right ◽  
The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

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