Counter-Terrorism Legislation: Human Rights vs. Peace and Security. Malaysia as a Case Study

2001 ◽  
Author(s):  
Behnam Rastegari
2014 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Modeni M. Sibanda

This article analyses the opportunities and complexities of the SADC mediation in Zimbabwe’s Global Political Agreement (GPA) in facilitating and operationalising theprinciples and values of peace, security, human rights and democracy as set out in Article 4 of the SADC treaty. It attempts to interrogate the extent to which the regional grouping’s mechanisms for enforcing its principles and values have been successful.   The article argues that despite SADC’s noble commitment to promoting the development of democratic institutions and practices, as well as encouraging the observance of universal human rights, peace and security, the resolution of the Zimbabwe crisis shows that, in practice, the operationalisation of SADC protocol principles and values have been a sorry saga of delays, secrecy, purported agreements and nothing concrete coming out of it.  Using the Zimbabwe case study, this article further argues that SADC either lacks appropriate power and authority or is reluctant to hold member states accountable.  This seems so, given that as a regional body, it has allowed itself to be utterly inadequate to the task envisioned by the organ in resolving the Zimbabwe crisis. The paper concludes that the sum of all this has had the effect of exposing SADC and it being perceived as a weak regional organisation.


Author(s):  
Annika Björkdahl ◽  
Johanna Mannergren Selimovic

Civil society is often understood as a normative vehicle for the promotion of human rights and democracy, as it plays a central role in ensuring gender equality and advocating for local ownership in the decision-making processes of states. Civil society agents and organizations have been instrumental in promoting and advancing the Women, Peace, and Security (WPS) agenda. In this chapter, we examine the experiences of Bosnian Civil Society Organizations (CSO) and their activities to advance a gender-just peace. Drawing on examples from the Bosnian case study, we argue that women civil society organizations are key actors, as they not only set the agenda when it comes to WPS, they also play a key role in ensuring that the WPS principles are institutionalized and operationalized in policy. Moreover, we observe that women CSOs are particularly successful in advocating for the needs of victims of conflict-related sexual-based violence.


2020 ◽  
Vol 5 (1) ◽  
pp. 124-139
Author(s):  
Tubagus Ami Prindani ◽  
Imam Subandi ◽  
Marthinus Hukom ◽  
Fayreizha Destika Putri

This paper aims at discussing the legal as well as the human rights impact on the use of force and firearms by law enforcement officers in the event of counter terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 CT (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights?  How does the state's accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police?  Is it true that human rights are always contrary to police duties?


2013 ◽  
Vol 40 (3) ◽  
pp. 533-558 ◽  
Author(s):  
SIMON KOSCHUT

AbstractWhat doAl-Qaeda, Human Rights Watch, and NATO have in common? They can all be understood as emotional communities. Emotional communities are ‘groups in which people adhere to the same norms of emotional expression and value – or devalue – the same or related emotions’. This article develops a conceptual framework for a particular type of emotional community in world politics: a security community. It is argued that emotion norms – the expression of appropriate emotions in a given situation – stabilise a security community during inter-allied conflict. The argument is illustrated by an empirical case study of NATO's military intervention in Libya in 2011. The article shows how the conceptualisation of security communities as emotional communities has significant implications for the study of regional peace and security.


Author(s):  
Tom Campbell

This chapter examines issues arising from analyses and critiques of human rights, including the nature and significance of rights in general, and the functions of human rights. It considers the philosophical and practical justifications for believing (or not believing) in human rights, different theories concerning how we might determine the content and scope of human rights, and how human rights should be implemented. Key themes discussed in this chapter include natural rights and the rights of man. A case study on torture and counter-terrorism is presented, along with Key Thinkers boxes featuring John Locke and Immanuel Kant. The chapter suggests that normative political theorists should promote a vision of human rights that relies primarily on political participation, progressive human rights legislation, and morally informed international diplomacy, rather than the transfer of political power from governments to courts.


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