Torture and the Norm against It

2021 ◽  
pp. 1-12
Author(s):  
William L. d'Ambruoso
Keyword(s):  
Human Rights ◽  
Rational Choice ◽  
First Century ◽  
Liberal Democracies ◽  
Twenty First Century

Why has torture persisted into the twenty-first century despite long-standing normative and legal prohibitions? Especially strange is torture’s occurrence at the hands of liberal democracies, which are supposed to uphold human rights. Perhaps we should not be surprised by democratic hypocrisy in war—realists and rational choice theorists expect all states to violate norms if doing so holds instrumental promise. Yet torture is likely to yield inaccurate intelligence, harm valuable detainees’ memories, stress interrogators, invite retaliation, and encourage the enemy to fight on rather than surrender. In short, torture is both ethically and efficaciously questionable—and its recurrence is puzzling.

Human Rights and 21st Century Challenges

2020 ◽  
Keyword(s):  
Human Rights ◽  
First Century ◽  
World Population ◽  
Security Environment ◽  
Policy Debates ◽  
The Poor ◽  
Relative Share ◽  
Technological Advances ◽  
The World ◽  
Twenty First Century

The world faces significant and interrelated challenges in the twenty-first century which threaten human rights in a number of ways. This book examines the relationship between human rights and three of the largest challenges of the twenty-first century: conflict and security, environment, and poverty. Technological advances in fighting wars have led to the introduction of new weapons which threaten to transform the very nature of conflict. In addition, states confront threats to security which arise from a new set of international actors not clearly defined and which operate globally. Climate change, with its potentially catastrophic impacts, features a combination of characteristics which are novel for humanity. The problem is caused by the sum of innumerable individual actions across the globe and over time, and similarly involves risks that are geographically and temporally diffuse. In recent decades, the challenges involved in addressing global and national poverty have also changed. For example, the relative share of the poor in the world population has decreased significantly while the relative share of the poor who live in countries with significant domestic capacity has increased strongly. Overcoming these global and interlocking threats constitutes this century’s core political and moral task. This book examines how these challenges may be addressed using a human rights framework. It considers how these challenges threaten human rights and seeks to reassess our understanding of human rights in the light of these challenges. The analysis considers both foundational and applied questions. The approach is multidisciplinary and contributors include some of the most prominent lawyers, philosophers, and political theorists in the debate. The authors not only include leading academics but also those who have played important roles in shaping the policy debates on these questions. Each Part includes contributions by those who have served as Special Rapporteurs within the United Nations human rights system on the challenges under consideration.

The Persecuted Body

Facing Fear ◽  
2012 ◽  
Author(s):  
Melani Mcalister
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
First Century ◽  
Body Of Christ ◽  
Evangelical Christians ◽  
The World ◽  
Politics Of Fear ◽  
Twenty First Century ◽  
International Religious Freedom Act ◽  
The U.S

This chapter examines the politics of fear underlying the antipersecution discourse that revolved around evangelical Christians at the turn of the twenty-first century. A video made by the U.S.-based Christian evangelical group Voice of the Martyrs showed that Christians are being persecuted all around the world. By the turn of the twenty-first century, a passionate concern with the persecution of Christians united conservatives as well as liberal and moderate evangelicals. The chapter shows how antipersecution discourse resulted in the passage of the International Religious Freedom Act of 1998. It also considers the significance of spectacles of the violated body to the discourse of persecution and how intense attention to Christian persecution created a tension for evangelicals between the universalizing language of human rights and a specific commitment to the “persecuted body” of Christ. Finally, it explores how evangelicals' attention to Christian persecution intersects with Islamic concerns.

Contemporary Issues

2012 ◽  
Author(s):  
John Tolan ◽  
Gilles Veinstein ◽  
Henry Laurens
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
First Century ◽  
Muslim World ◽  
World War ◽  
Independent States ◽  
Twenty First Century ◽  
Newly Independent States

This chapter chronicles the struggles of the Muslim world and Europe during World War II as well as its aftermath. It shows how the war had helped to end European rule and begin the process of decolonization for Muslim nations such as Libya. And with the Muslim state now independent of direct European domination, the second half of the chapter explores the ways in which the Muslim world tackled the issue of development as well as a fresh wave of problems regarding human rights, universality, and other pitfalls of newly independent states struggling to survive in a world that has changed profoundly after a series of major conflicts. The chapter also reflects on the still-intertwined relationships between the Muslim world and Europe as history progresses into the twenty-first century.

Insecurity and Human Rights

2020 ◽  
pp. 129-152
Author(s):  
Liora Lazarus
Keyword(s):  
Human Rights ◽  
First Century ◽  
Positive Rights ◽  
State Coercion ◽  
Twenty First Century ◽  
Extension Of State ◽  
The Relationship ◽  
State Protection

The twenty-first-century challenge that the chapter faces is how to ensure that positive rights to state protection are properly balanced against duties of state restraint in a climate of insecurity. It argues that, contrary to conservative caricatures, human rights are not only liberal ‘politically correct’ mechanisms of state restraint. Rather they have become increasingly associated with the extension of state coercion, a process which risks securitizing human rights. While courts have had to balance carefully between these imperatives, politicians and philosophers are less keenly aware of the danger that human rights will be instrumentalized to legitimize overblown claims to state coercive protection. The chapter concludes by arguing that we can follow the lead of courts, who have had to confront the nuanced balance between duties of protection and restraint, and start to embrace a concept of ‘tolerable insecurity’. Only by embracing the risks that come with freedom can we have a productive debate about the relationship between insecurity and human rights.

Reevaluating Regional Human Rights Litigation in the Twenty-First Century: The Case of the Inter-American Court

2008 ◽  
Vol 102 (4) ◽  
pp. 768-827 ◽  
Author(s):  
James L. Cavallaro ◽  
Stephanie Erin Brewer
Keyword(s):  
Human Rights ◽  
Union Member ◽  
First Century ◽  
African Union ◽  
Member States ◽  
The Past ◽  
European Court ◽  
Twenty First Century

Over the past few decades, regional human rights tribunals have grown in both number and activity. The European Court of Human Rights (European Court or ECHR) now receives tens of thousands of petitions and issues over fifteen hundred judgments on the merits each year. The Inter-American Court of Human Rights recently tripled the number of cases that it resolves annually. At the time of this writing, in mid-2008, Africa’s own regional human rights court, the African Court on Human and Peoples’ Rights, prepares to begin hearing its first contentious cases. Currently, sixty-eight states are subject to the decisions of the two established regional courts (forty-seven in Europe and twenty-one in the Americas), up from less than half that number twenty years ago. In the nascent African system, twenty-four African Union member states have ratified the Protocol establishing the African Court, with an additional twenty-five signatory states.

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