Body Count

Author(s):  
Lily Hamourtziadou

The need to secure civilians and their fundamental rights has led to the moral imperative to track, record and memorialise the killing and the suffering of those who find themselves in the midst of violent conflict. Body Count tracks and explores civilian deaths in Iraq following the 2003 invasion by the US-led coalition. It is a recounting of the conflict through the counting of its victims. The book provides a narrative of the War on Terror by charting its course and its impact, through ‘live’ reports and through reflective analysis by the principal researcher of the NGO Iraq Body Count. It highlights the importance and the challenges of casualty recording, it maps the insurgency in Iraq and the ensuing civilian deaths, the struggle between military power and ideology, the increasing radicalisation, the seeking of security through hegemony, and the cycle of violence. The book narrates state collapse through discussions on the neoliberal system’s effect on Iraq’s security, on military interventions and the Western control paradigm, on individual and community trauma. It raises questions on leadership and hegemony, the vulnerability of weak states, winning and losing, regime and energy security. It tells the daily story of Iraq: a story of fear, of executions and mass graves, of airstrikes and car bombs, of heroism and sacrifice, and of life carrying on.

2021 ◽  
Vol 13 (4) ◽  
pp. 53-85
Author(s):  
Petr Mádr

This article contributes to the growing scholarship on the national application of the EU Charter of Fundamental Rights ('the Charter') by assessing what challenges national courts face when dealing with Article 51 of the Charter, which sets out the Charter's material scope of application. In keeping with this aim, the relevant case law of the Court of Justice of the EU (CJEU) – with its general formulas, abstract guidance and implementation categories – is discussed strictly from the perspective of the national judge. The article then presents the findings of a thorough study of the case law of the Czech Supreme Administrative Court (SAC) and evaluates this Court's track record when assessing the Charter's applicability. National empirical data of that kind can provide valuable input into the CJEU-centred academic debate on the Charter's scope of application.


2006 ◽  
Vol 58 (4) ◽  
pp. 469-491
Author(s):  
Aleksandra Joksimovic

In searching for various opportunities to act in pursuing its foreign policy and endeavors to achieve a dominant role in the global processes USA has developed a broad range of instruments including a financial assistance as a way to be given support for its positions, intelligence activities, its public diplomacy, unilateral implementation of sanctions and even military interventions. The paper devotes special attention to one of these instruments - sanctions, which USA implemented in the last decade of the 20th century more than ever before. The author explores the forms and mechanisms for implementation of sanctions, the impact and effects they produce on the countries they are directed against, but also on the third parties or the countries that have been involved in the process by concurrence of events and finally on USA as the very initiator of imposing them.


Author(s):  
Paul Julian Smith

Chapter 3 begins with a survey of the youth genre in Spain, a topic little studied in comparison with the US. It goes on to suggest that two titles, once more the object of bitter attack from Spanish critics and politicians, stage an unexpected working through of vital social issues for their youthful audiences. Thus one mystery narrative mounts an elaborate allegory of the historical memory debate, even obliquely alluding to the controversy over the excavation of mass graves of war victims. Another high school drama, hitherto held to be exploitative and even responsible for teen riots, explores youthful homosexuality and immigration in ways that clearly qualify as ethically serious, as well as politically progressive


Author(s):  
Michael Schillig

The exercise of extensive powers by authorities during the recovery and resolution process may interfere with constitutionally protected fundamental rights of stakeholder in a multitude of ways. Particularly relevant are the right to conduct a business and the right to property under the EU Charter of fundamental rights, as well as the takings clause under the US constitution. A balance needs to be struck between the aims and objectives of bank resolution and the rights of investors and the requirements of due process. This is normally achieved through expedited and limited judicial review. This chapter assesses whether and to what extent the respective procedures are in line with constitutional and fundamental rights requirements.


Author(s):  
Juan Fernando López Aguilar

Desde los primeros capítulos de la construcción europea con el Tratado de Roma (1957) que cumple 60 años, la jurisprudencia dictada por el Tribunal de Justicia ha sido determinante para la dimensión constitucional del ordenamiento comunitario. En una secuencia de decisiones históricas, el TJ ha afirmado su primacía, eficacia vinculante y su unidad garantizando su interpretación y aplicación uniforme, pero también, sobre todo, los derechos fundamentales dimanantes de las tradiciones constitucionales comunes como fuente del Derecho europeo (principios generales). Esta doctrina se consolida en Derecho positivo, al fin, con la entrada en vigor del Tratado de Lisboa (TL) en 2009, incorporando el TUE, el TFUE, y, relevantemente, la Carta de Derechos Fundamentales de la UE (CDFUE) con el «mismo valor jurídico que los Tratados» y, consiguientemente, parámetro de validez de todo el Derecho derivado, así como de enjuiciamiento de la compatibilidad de la legislación de los EE.MM con el Derecho europeo.La doctrina del TJUE sobre derechos fundamentales ha sido su proyección sobre la protección de datos en el marco de los derechos a la vida privada, a la privacidad frente a la transferencia electrónica de datos y al acceso a la tutela judicial de estos derechos (art. 7, 8 y 47 CDFUE). En ella conjuga los principios de reserva de ley (respetando su contenido esencial) y de proporcionalidad y necesidad de las medidas que les afecten. Pero, además, esta doctrina ha adquirido un impacto decisivo en la articulación jurídica de la relación transatlántica entre la UE y EEUU, confrontando los estándares de protección de datos a ambos lados del Atlántico e imponiendo garantías de un «nivel de protección adecuado» para los ciudadanos europeos. Este artículo examina el impacto de dos recientes sentencias relevantes del TJ —Asunto Digital Rights Ireland (2014) y Asunto Schrems (2015)— sobre el Derecho derivado (Directiva de Conservación de Datos de 2006, Directiva de Protección de Datos de 1995, y Decisión de «adecuación» de la Comisión Europea de 2000) y sobre instrumentos de Derecho internacional (Acuerdo Safe Harbour) entre la UE y EEUU. Impone, como consecuencia, no sólo una negociación que repare las deficiencias detectadas en ambas resoluciones sino una actualización del Derecho europeo (nuevo Data Protection Package en 2016) y una novedosa Ley federal de EEUU que por primera vez ofrece a los ciudadanos europeos acceso al sistema de recursos judiciales ante los tribunales estadounidenses en la defensa del derecho a la protección de datos (Judicial Redress Act, 2016).Right from the first very chapters of the European construction under the Treaty of Rome (1957), which turns 60 this year 2017, the jurisprudence by the Court of Justice has truly been decisive to shape the constitutional dimension of the European Community legal order. In a series of historical decisions, the CJEU has affirmed its primacy, its binding efficacy and unity, while guaranteeing its uniform interpretation and implementation. But it has also, above all, enshrined the fundamental rights resulting from the common constitutional traditions as a source of European Law (i.e general principles). This legal doctrine has been ultimately consolidated in positive Law, finally, with the entry into force of the Treaty of Lisbon (TL) in 2009, incorporating the TEU, the TFEU and, most notably, the Charter of Fundamental Rights of the EU (CFREU) with the «same legal value as the Treaties». Charter Fundamental Rights have turned to be, consequently, a parameter for examining the validity of secondary EU legislation, as well as for scrutinizing and reviewing the standard of compatibility of the national legislation of EU Member States with European law. The legal doctrine of the ECJ on fundamental rights has been particularly relevant in its impact on the data protection in the framework of the rights to privacy, privacy with regard to the electronic data transfer, and access to judicial protection of these rights (art. 7, 8 and 47 CFREU). It combines the principles of reservation of law (in due respect of its essential content) as well as proportionality and necessity for legislative measures that might affect them. But, moreover, this doctrine has had a decisive impact on the legal articulation of the so-called transatlantic partnership between the EU and the US, confronting data protection standards on both sides of the Atlantic and imposing guarantees of an «adequate level of protection» for all European citizens. This paper explores the impact of two recent relevant decisions by the ECJ — its rulings on Digital Rights Ireland case (2014) and on the Schrems case (2015) — upon the secondary EU legislation (Data Retention Directive of 2006, Data Protection Directive of 1995, and the «adequacy» Decision of the European Commission of 2000), as well as upon International Law instruments (Safe Harbour Agreement) between the EU and the US. It imposes, as a consequence, not only a negotiation that remedies the shortcomings detected in both decisions, but also a compelling updating of European law itself (new Data Protection Package in 2016) and a new US federal law, which, for the first time ever, provides European citizens with access to judicial remedies in U.S. Courts in defending their right to data protection (Judicial Redress Act, 2016).


Author(s):  
Valerie M. Hudson ◽  
Lauren Eason

Drawing on the cases of the United States and Sweden, this chapter considers the conceptual and practical issues associated with the implementation of a feminist foreign policy (FFP). While Foreign Minister Margot Wallstrom of Sweden is perhaps the most vocal and overt advocate of the concept, the US State Department under Hillary Clinton also arguably promoted policies that were feminist in nature. This chapter examines the conceptualization of the term “feminist foreign policy,” probing dimensions, contestations, and inconsistencies. It explores the inherent pitfalls and misconceptions surrounding FFP, as well as the positive contributions of policies that promote gender equality. This chapter concludes that while FFP is not inherently pacifist, it does prioritize peace, and thus engaging in military interventions and alliances requires careful consideration under feminist just war principles. Moreover, this chapter argues that the dissemination of gender equality norms act as a mechanism that facilitates a more stable, secure, and peaceful nation.


2020 ◽  
Author(s):  
Joshua M Sharfstein ◽  
Yngvild Olsen

Abstract The National Institutes of Health is investing hundreds of millions of dollars into new research on opioids. As these studies yield insights and results, their results will have to change policy and practice before they can bend the curve of the epidemic. However, the US does not have a strong track record of translating evidence on drug policy into action. Three reasons for the translation gap are the historical legacy of drugs in the US, vested interests, and politics. Researchers can become engaged in policy and political processes to strengthen the US response.


2020 ◽  
Vol 74 ◽  
pp. 03006
Author(s):  
Irena Nesterova

The growing use of facial recognition technologies has put them under the regulatory spotlight all around the world. The EU considers to regulate facial regulation technologies as a part of initiative of creating ethical and legal framework for trustworthy artificial intelligence. These technologies are attracting attention of the EU data protection authorities, e.g. in Sweden and the UK. In May, San Francisco was the first city in the US to ban police and other government agencies from using facial recognition technology, soon followed by other US cities. The paper aims to analyze the impact of facial recognition technology on the fundamental rights and values as well as the development of its regulation in Europe and the US. The paper will reveal how these technologies may significantly undermine fundamental rights, in particular the right to privacy, and may lead to prejudice and discrimination. Moreover, alongside the risks to fundamental rights a wider impact of these surveillance technologies on democracy and the rule of law needs to be assessed. Although the existing laws, in particular the EU General Data Protection Regulation already imposes significant requirements, there is a need for further guidance and clear regulatory framework to ensure trustworthy use of facial recognition technology.


2013 ◽  
Vol 56 (2) ◽  
pp. 131-156 ◽  
Author(s):  
Maria Helena de Castro Santos ◽  
Ulysses Tavares Teixeira

Everyone knows that democracy played a role in the Bush Doctrine. What not everyone knows is that this role was essential for the doctrine to be put into operation under which the Iraq invasion was prepared and launched. We argue moreover that, even if aggressive, the Bush doctrine is compatible with the American Liberal Tradition. To demonstrate these arguments we analyze the links between democracy, security, and the US national interests as expressed in the pillars of the American foreign policy since the end of Cold War. The consequential belief of the Bush Administration on the positive effect of exporting democracy by the use of force to Afghanistan and Iraq to fight terrorism will be remarked. It will be shown, however, that in the first years of the Bush Administration, among the justifications for the military interventions in the two countries, security reasons prevailed over democratic concerns, although the latter was significantly present since the early hours after September 11. It was only when it became clear that WMDs did not exist in Iraq that the exporting of democracy as the ultimate weapon to fight terrorism grew remarkably and prevailed over security reasons to invade those rogue states. The paper uses quantitative and qualitative content analysis of the speeches of President Bush and his Secretaries of State and Defense.


2019 ◽  
Vol 8 (2) ◽  
Author(s):  
Abdullah Al-Ahsan

The question of Palestine (and the city of Jerusalem) is a core issue that remains at the centre of the Muslim mind in our time. This is because most Muslims feel that the Zionist Movement created the State of Israel in Palestine after World War II by depriving the local population of their fundamental right to exist in their ancestral homeland. The global Zionist Movement conspired, resorted to terrorist tactics and executed an ethnic cleansing campaign to create the State of Israel. The Zionists first secured the support of British politicians and then the American leaders in favour of their search for an exclusive Jewish state covering the entirety of the former British Mandate of Palestine. Although the Palestinians – like Muslims in various parts of the world – quickly developed a national consciousness in the inter-war period and tried to protect their fundamental rights, they were no match for the Zionists who had already secured the support of major powers of the globe (e.g. Britain and the US). Later, Israel managed to obtain UN membership in its third attempt with the commitment to allow all Palestinians to return to their ancestral home. But in practice, Israel has ignored all UN resolutions regarding the Israeli-Palestinian conflict. Israel has gradually developed a legal framework to deny the citizenship rights of the original population of Palestine and continues to build new Jewish settlements by demolishing Palestinian homes. While the Palestinians continue to suffer under Israeli repression, the OIC (Organization of Islamic Cooperation) and most Muslim governments have largely abandoned the Palestinian cause of liberation. This, in turn, frustrates much of the Muslim youth around the world – fuelling fundamentalism and extremism.  


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