scholarly journals Islam dan Masa Depan Hak Asasi Manusia Menurut Abdullah Ahmed Al-Na’im

2013 ◽  
Vol 3 (2) ◽  
pp. 260-278
Author(s):  
Ita Musarrofa
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Self Determination ◽  
Modern World ◽  
Islamic State ◽  
The United Nations ◽  
Race And Religion

Abstract: The reality of the modern world necessitates a Muslim to rethink about how to be a Muslim in the middle of the interdependence of security, politics, social and culture. This makes Abdullah Ahmed al-Na'im, a Sudanese Muslim intellectual, be restless. The provision of international legal guarantees for the implementation of the collective right of every nation to self-determination make Muslims play the majority of mobilizing their identity in the form of an Islamic state and the implementation of shari’ah itself. However, the affirmation of the collective right to self-determination must be placed within the framework of providing justice for all citizens regardless of sex, race and religion. Herein lies the problem of the implementation of Islamic shari’ah. It is because in some cases, the implementation of Islamic shari’ah actually violates Human Rights, especially the rights of women and non-Muslims. Al-Na'im seeks a peaceful path that Human Rights which established by the United Nations gets the legitimacy of Islam, so that the implementation of the collective right to self-determination by Muslims is not contrary to the values of Human Rights that have been declared universally.Keywords: Human rights, universal, shariah, Abdullah Ahmed al-Na'im

Tibetans Wait for China's Next Move

Worldview ◽  
1980 ◽  
Vol 23 (1-2) ◽  
pp. 36-39
Author(s):  
Kesang Tseten
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Civil Liberties ◽  
Self Determination ◽  
General Assembly ◽  
The United Nations ◽  
The Right ◽  
American Civil Liberties Union ◽  
The U.S ◽  
International League

AbstractIt has been twenty years since the Tibetan uprising. Last March, Tibetans and their American supporters rallied outside the United Nations building to commemorate that uprising against Chinese troops occupying the Tibetan homeland.Roger Baldwin, founder of the American Civil Liberties Union and honorary president of the International League for Human Rights, was there calling for support of resolutions passed three times by the U.S. General Assembly, in 1959, 1961, and 1965. The U.S. called “for respect for the fundamental human rights of the Tibetan people and for their right to self-determination.” The rally, Baldwin said, was to protest the “subjection of six million people to foreign rule” and to uphold “the right to live in your own house.” The nonagenarian champion of civil liberties expressed some hope: “It may be that autonomy, semi-independence in Tibet, may be granted when China settles down into the modernization it seeks.”

scholarly journals THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 3 (2) ◽  
pp. 202-218
Author(s):  
Jessica Priscilla Suri
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Islamic State ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations

AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu

Autointerpretation, Competence, and the Continuing Validity of Article 2(7) of the UN Charter

1977 ◽  
Vol 71 (1) ◽  
pp. 60-83 ◽  
Author(s):  
J. S. Watson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Self Determination ◽  
Fertile Ground ◽  
Protection Of Human Rights ◽  
The United Nations

With the failure of the United Nations to control the use of force by states to the degree that many had wished for, the attention of many commenators shifted to what was hoped would be more fertile ground—the protection of human rights, self-determination, and other areas in which the organization might play a supranational role. In discussing the development of the supranational aspect of the organization, attention is invariably directed to Article 2(7) of the Charter which is, of course, the current symbol of sovereignty. Since most visionaries are frustrated by the concept of sovereignty, it is not surprising that this article has received little sympathy on the part of many who are more concerned with ends than means. Yet it is doubtful whether the concept may be dismissed summarily and, since it plays such a key role in so many of the allegedly developing fields of international law, one would do well to consider how Article 2(7), properly interpreted, affects the legal assumption on which supranationalism is based.

scholarly journals Secession, Democracy & Human Rights

2019 ◽  
Vol 7 (1) ◽  
Author(s):  
Patrick Reimers
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Self Determination ◽  
Spontaneous Order ◽  
Political Scientist ◽  
Current Process ◽  
Coercive Behavior ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter

The United Nations (UN) officially declared "self-determination" as a right of all peoples. Although the United Nations Charter (1945) offers some guidelines for the application of this right, there are major challenges in its implementation in the case of secessionist tendencies. Faced with this situation, the economist Jörg Guido Hülsmann, in his essay Secession and the Production of Defense, discussed not only the argument that pure private production is always superior to public and compulsory schemes, but also the current process of secession which, should always be justified against violent and coercive behavior of governments against (part of) its population. Hülsmann's ideas are presented in the contrast of the latest secessionist movements in Catalonia and Scotland, and in combination with Hayek's concept of "spontaneous order." The separatist movementin Catalonia is also analyzed based on the ideas of political scientist Margaret Moore, who advocates three types of normative theories that can justify the right to secession.

Decolonization Struggles at the United Nations: The Question of Algeria, 1955-1961

2021 ◽  
pp. 1-35
Author(s):  
Sadia Saeed
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Critical Role ◽  
Self Determination ◽  
Legal Norm ◽  
Colonial Rule ◽  
Crucial Question ◽  
The United Nations

Abstract Although national self-determination emerged as an international legal norm with the formation of the United Nations (UN) in 1945, its implementation continued to be resisted by European colonial powers for decades after. This raises the following question: how was European colonial rule challenged at the UN? This article contends that existing accounts of decolonization have not fully theorized the processes through which colonialism was contested at the UN. It fills this gap by demonstrating the critical role of argumentation, narrativization and discursive struggles through deploying the crucial “Question of Algeria” that was debated between 1955 and 1961. It demonstrates that the Algerian question yielded two opposing discourses—an anticolonial internationalist discourse and a metrocentric civilizational discourse—with both drawing on distinct ideas about human rights and development. The analysis explains the eventual triumph of the former as states increasingly rallied behind the Algerian cause.

The United Nations Between Empire and Emancipation

2019 ◽  
pp. 17-28
Author(s):  
Henning Melber
Keyword(s):  
South Africa ◽  
Human Rights ◽  
World War Ii ◽  
United Nations ◽  
Indian Population ◽  
Global South ◽  
Self Determination ◽  
World War ◽  
Nationalist Movements ◽  
The United Nations

This chapter revisits the normative frameworks on which the establishment of the United Nations were based after World War II. It includes discussion about the Atlantic Charter as a precursor to the UN Charter, and recapitulates the differences in interpretation of self-determination and sovereignty between the Western states and the nationalist movements in the Global South that were fighting against colonialism for Independence. Reference to the normative and political power of human rights discourses challenge claims that these were ineffective by Mark Mazower and Samuel Moyn. Rather, this chapter argues that their utilization by representatives of the nationalist movements in colonized territories show their relevance and the support they offered to their struggles. The condemnation of South Africa for its treatment of the Indian population is used to illustrate this point.

Human rights in the fight against terrorism: Sanctions regimes of the United Nations Security Council

2020 ◽  
Vol 15 (1-3) ◽  
pp. 35-42
Author(s):  
Mariya Hristozova
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
World Peace ◽  
Islamic State ◽  
The Social ◽  
The United Nations ◽  
Effective Remedy ◽  
The Right

In the last decade, the growing num­ber of acts of terrorism that threaten world peace and security, as well as the funda­mental values in every democratic socie­ty, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establish­ing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qai­da and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social pur­pose of these regimes, they created se­rious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to prop­erty, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedur­al rights. This circumstance calls for re­forms to be made to the arrangements in place to ensure fundamental human rights in the fight against terrorism.

Haile Selassie, the League of Nations, and Human Rights Diplomacy

2020 ◽  
pp. 64-95
Author(s):  
Derrick M. Nault
Keyword(s):  
Human Rights ◽  
United Nations ◽  
War Crimes ◽  
International Community ◽  
League Of Nations ◽  
Self Determination ◽  
Chemical Weapons ◽  
The United Nations ◽  
International Awareness

Chapter Three proposes that former Ethiopian Emperor Haile Selassie I, a figure rarely mentioned in histories of human rights, made significant contributions in the realm of human rights diplomacy in the 1930s. Following Fascist Italy’s invasion of his nation in 1935, he persistently lobbied the League of Nations to uphold Ethiopia’s right to self-determination and punish Italy’s use of chemical weapons and other violations of the Geneva Protocol and Hague Conventions, raising international awareness of Italian war crimes in Africa. As is also shown, he adroitly drew attention to the shortcomings of the League’s Covenant, providing vital lessons for the founding of the United Nations (UN). While Selassie was deposed in the 1970s due to numerous failures as a leader, the chapter demonstrates that for almost three decades he enthralled the international community and prompted rethinking on Europe’s relations with its African colonies that had long-term significance for human rights.

scholarly journals Too liberal for global governance? International legal human rights system and indigenous peoples’ right to self-determination

2017 ◽  
Vol 13 (2) ◽  
pp. 196-214
Author(s):  
Ranjoo Seodu Herr
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Global Governance ◽  
Self Determination ◽  
Legal Regime ◽  
International Consensus ◽  
Cultural Integrity ◽  
The United Nations ◽  
Liberal Individualism

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance.

Human rights: a reply to Geoffrey Best

1991 ◽  
Vol 17 (1) ◽  
pp. 87-94
Author(s):  
Tony Evans
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Early Years ◽  
Self Determination ◽  
Social Rights ◽  
Human Right ◽  
Personal Qualities ◽  
The United Nations

Geoffrey Best's article ‘Whatever Happened to Human Rights9 in the January 1990 issue of the Review touches upon many important questions which are well known to human rights scholars. These include such political, legal and philosophical difficulties as defining the concept of self-determination, the prospects for implementing certain economic and social rights and the role of international law in improving human right standards. By examining the work of René Cassin in his role as a member of the Commission for Human Rights during the early years of the United Nations, Best points to these difficulties while attempting to achieve two further objectives. The first is to provide an appreciation of Cassin's personal qualities, and the second, to demonstrate that had Cassin's views been more closely adhered to human rights would in some way be healthier today. Although Best's article is the edited text of a lecture, and is consequently not the tightly argued piece we might expect from a more considered paper prepared especially for publication, several of his claims are either questionable or mistaken.

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