The Politics of Humanitarian Morality

Author(s):  
Vasuki Nesiah

Coady speaks compellingly of the hazards of humanitarian moralism. Coady’s corrective to those hazards calls for attending to the immediate political context but neglects how human rights (HR) not only engages with a political context external to it, but is itself deploying and negotiating power. Thus his discussion of the HR/humanitarianism merger renders this confluence as background to, rather than constitutive of, those hazards. From the 1990s the international community paid less attention to routine HR, and focused increasingly on HR in the context of humanitarian crisis. This shift’s impacts include: inflecting HR in those contexts with a depoliticizing humanitarian morality; treating HR engagements as episodic injections in moments of disaster with politics displaced by the moral urgency of catastrophe, rather than as engagements with the routine and structural; translating HR into an export product with engagements activated not by our rights but “theirs” — thus intervening in, even disregarding, local populations in name of their HR. If we don’t take into account these larger stakes re. the politics of HR and humanitarianism, the prudence that modifies moralism functions to complement rather than counter, with ethics and expertise travelling hand in hand to couple moralism and prudence to rescue “better”.

2007 ◽  
Vol 12 (3) ◽  
pp. 415-442 ◽  
Author(s):  
Mark Anstey

AbstractA confluence of conditions made the Rhodesian civil war ripe for resolution in 1979. However a 'despotic democracy' took early root in the new Zimbabwe, largely accepted by the international community in its first phase, but now condemned by many for its human rights abuses and political repression. Zimbabwe is a failed state with a massive humanitarian crisis. In the face of pressures to adopt a more robust approach, South Africa has stuck to an approach of 'quiet diplomacy' in relations with its neighbor. In March 2007, SADC states appointed South Africa's President Mbeki to mediate between parties to Zimbabwe's conflict. This article analyzes the prospects for this mediation in terms of 'ripeness' theory. It concludes that complex internal conditions and a divided international community do not yet make the crisis ripe for resolution. However, a shift from quiet diplomacy to an approach of principled mediation might assist in inducing the necessary conditions in a manner which limits continuation of the crisis.


2016 ◽  
Vol 1 (1) ◽  
pp. 39
Author(s):  
Mehmet E. Erendor

Humanitarian intervention is the one of the most critical concepts with respect to legality and legitimacy. Although, there is no common definitions, theorists or international community defines it as violations of human rights. The main aim of this study is to argue that the international community has the responsibility to intervene to prevent a humanitarian crisis. This research also attempts to clarify the legality and legitimacy of humanitarian interventions which are limited to cases of threats to international peace, security and where there exists prior authorization by the UNSC. The article argues that humanitarian interventions should only be established under the authorization of the UNSC; and that when violation of human rights is interpreted as a threat to international peace and security, if an intervention has been authorized by the SC, it is legal.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Cekli Setya Pratiwi ◽  
Sidik Sunaryo

Abstract Blasphemy law (BL) has become a central issue for the international community in various parts of the world in the last three decades. In almost every case involving the BL, especially in Muslim countries, such as Pakistan, Malaysia, and Indonesia, they are always responded with violence or threats of attack that cause many victims, loss of homes, damage to places of worship, evictions, stigma of being heretical, severe punishments, or extra-judicial killings. When international human rights law (IHLR) and declaration of the right to peace are adopted by the international community, at the same time, the number of violence related to the application of BL continues to increase. This paper aims to examine the ambiguity of the concept of the BL in Pakistan, Indonesia, and Malaysia, and how its lead to the weak of enforcement that creates social injustice and inequality. Then, referring to Galtung’s theory of structural violence and other experts of peace studies, this paper argues that blasphemy law should be included as a form of structural violence. Therefore its challenges these States to reform their BL in which its provisions accommodate the state’s neutrality and content high legal standards. Thus, through guarantee the fully enjoyment of human rights for everyone may support the States to achieve sustainable peace.


2017 ◽  
Vol 99 (905) ◽  
pp. 709-733
Author(s):  
Grażyna Baranowska

AbstractThis article analyzes the evolution in international law of the obligation to search for and return the remains of forcibly disappeared and missing persons. Receiving the remains of forcibly disappeared and missing persons is one of the primary needs of their families, who bring the issue to international courts and non-judicial mechanisms. This obligation has been incrementally recognized and developed by different human rights courts, which have included the obligation to search for and return the remains of disappeared persons in their remedies. In parallel to the development of the obligation by international courts, the international community has begun to become more involved in assisting in return of the remains of forcibly disappeared and missing persons to their families.


2014 ◽  
Vol 108 (1) ◽  
pp. 1-40 ◽  
Author(s):  
Nico Krisch

The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasized the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed—and what we are likely to see—is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules.


2021 ◽  
Vol 79 (2) ◽  
pp. 41-55
Author(s):  
Crăișor-Constantin IONIȚĂ

The first half of 2021 was marked by the continued spread of the Sars-CoV-2 virus throughout the African continent, by the desperate attempts of the UN and regional powers to implement the Ceasefire Agreement in Libya and keep security situation under control, and increasing the number of illegal migrants to Europe. The COVID-19 pandemic did not reduce terrorist acts in the Sahel region, nor did it stop the wave of small immigrant boats to Spain and Italy from Africa. But the coronavirus pandemic has led to the closure of many African borders, bringing the economies of those countries to the brink of bankruptcy and deteriorating the humanitarian situation in North Africa and the Sahel region. The international community has difficulty monitoring the situation in the area, especially the humanitarian crisis and illegal migration, which is seriously affecting security in its vicinity.


Author(s):  
Foday Yarbou

AbstractThe conflict between Jammu and Kashmir has acquired a multifaceted character. On one hand, the conflict involves national and territorial contestations between India and Pakistan, and on the other, it entails different kinds of human rights abuses and various political demands by religious, linguistic, regional, and ethnic groups in both parts. This article aims to portrait the images and human rights abuses meted on the people of Jammu and Kashmir. It also urges and pleads to India and Pakistan and all those countries who are taking part directly or indirectly in the territorial disputes or conflict in the region of Jammu and Kashmir to end the conflict. Human rights abuse such as torture, rape, sexual harassment, murder, and unnecessary killings of the people of this region were all condemned by the author of this article. He further requests the international community such as the United Nation to take a bold step in settling the conflict in that region by passing an effective resolution at the international level that will put an end to the conflict. In this article, the author uses a qualitative research method to explore different journals and write up of scholars in finding tangible solutions to the conflict in Jammu and Kashmir. The author also uses a theoretical explanation in the article. The result of this article intends to see that all the main concerning points raised in this write-up are fully considered and implemented by the United Nation in bringing peace and stability in the region of Jammu and Kashmir. Conflict in this region has become a worrying issue in the international community and the necessary steps should be taken to bring it to halt.


2018 ◽  
Vol 20 (8) ◽  
pp. 19
Author(s):  
Fernando Alfaro Martínez

Analysis of the results of EUNAVFOR MED Operation Sophia since the beginning of its activities in June 2015, aiming to assert the level of achievement of its goals and conclude whether the establishment of a military operation was the best option to tackle a humanitarian crisis, as well as what have been the outcomes of the Operation for migrant mobility and for the actors involved, in particular, to the European solidarity system. The overview of the data presented by EUNAVFOR MED Operation Sophia helps to draw considerations for the future of the EU when dealing with future similar crises, not only affecting Europe, but in any country taking in consideration the migratory exodus happening, for example in South America these days, and that may be extended internationally. Is in this cases, where people flee from their origin countries seeking for shelter, when we must be aware of the necessary guarantee of Human Rights.


Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
David Abrahams ◽  
Tayla Dye

This article follows a previous article published in Obiter Vol 2 of 2016. In that article the concept of jus cogens and its role in the international community, together with the nature of the right to religion, were discussed. In Part Two, the seriousness of such human rights violations needs to be appreciated by the international community at large. To this end, the Democratic People’s Republic of Korea will serve as a case study, examining the extent of the DPRK’s compliance of its obligations vis-à-vis the right to religion. This should ultimately lead to an understanding as to why the right to religion emerging as a jus cogens norm will not solve the problem of enforcement, and even if it could, due to the uncertainty surrounding the formation of jus cogens it is unlikely that other human rights will be added to the list in the near future.


2016 ◽  
Vol 17 (3) ◽  
pp. 753-766 ◽  
Author(s):  
Elzbieta Karska

Abstract: This paper is devoted to the growing phenomenon of the private military and security industry with respect to human rights obligations. In the first part, it will analyze the concept of a private security company, which is not clear in national regulations and has few relevant provisions in international conventions. The second part will contain a short description of examples of human rights violations committed by private military and security companies, or with their participation, during service delivery or other forms of activity. The third part of this paper discusses possible methods of responsibility enforcement, with respect to the transnational character of many private security companies involved in human rights violations worldwide. One of the most important elements of the discussion in international community should focus on binding international instrument, preferably a convention, which would be able to establish at least very elementary rules for states and international organizations, responsible for using private military and security companies. The international community has witnessed a lot of initiatives from non-governmental entities, also model laws and self-regulations of the private security industry, but still the real problem has not even been reduced. The number of human rights violations has grown. Keywords: Human rights. Private security companies. Liability.


Sign in / Sign up

Export Citation Format

Share Document