scholarly journals Forced to flee : contemporary Colombian refugee migration & internal displacement

2021 ◽  
Author(s):  
Tracy Vunderink
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Forced Migration ◽  
Civil Conflict ◽  
Internal Displacement ◽  
Push Factors ◽  
Population Displacement ◽  
Human Rights Abuses ◽  
Criminal Violence

Examines the situation of forced migration in Colombia by identifying how profound inequalities, a lack of governmental authority, and a crisis in national identity have contributed to the emergence of armed irregular groups and the perpetuation of the civil conflict. The Colombian conflict which has last[ed] for more than forty years has perpetuated extreme criminal violence, grave human rights abuses and massive levels of population displacement. Determinants or push factors involved in Colombian internal displacement and asylum seeking are analyzed to draw similarities between these two experiences to further question the distinctions maintained between them in international law.

scholarly journals Forced to flee : contemporary Colombian refugee migration & internal displacement

2021 ◽  
Author(s):  
Tracy Vunderink
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Forced Migration ◽  
Civil Conflict ◽  
Internal Displacement ◽  
Push Factors ◽  
Population Displacement ◽  
Human Rights Abuses ◽  
Criminal Violence

Examines the situation of forced migration in Colombia by identifying how profound inequalities, a lack of governmental authority, and a crisis in national identity have contributed to the emergence of armed irregular groups and the perpetuation of the civil conflict. The Colombian conflict which has last[ed] for more than forty years has perpetuated extreme criminal violence, grave human rights abuses and massive levels of population displacement. Determinants or push factors involved in Colombian internal displacement and asylum seeking are analyzed to draw similarities between these two experiences to further question the distinctions maintained between them in international law.

scholarly journals The Kilwa Massacre: Critical Analysis for a Southern Criminology

2020 ◽  
Vol 9 (4) ◽  
pp. 135-147
Author(s):  
Kim Lah ◽  
Anthony Collins
Keyword(s):  
Human Rights ◽  
Democratic Republic ◽  
Structural Violence ◽  
Colonial Power ◽  
Human Rights Abuses ◽  
Criminal Violence ◽  
Political Interests ◽  
Republic Of The Congo ◽  
History Of ◽  
International Systems

This paper explores the 2004 Kilwa massacre in the Democratic Republic of the Congo (DRC) through a decolonial perspective, explaining how the massacre is situated within the history of colonial power and global capitalist relations. As such, the convergence of mining and political interests that created the context in which this violence was possible is examined, rather than the specific human rights abuses committed during the massacre. This approach highlights how such acts of violence are an ongoing factor of colonial and postcolonial exploitation, as well as the difficulties in holding the responsible parties accountable. This investigation shows the importance of developing a decolonial Southern criminology that contextualizes human rights abuses within local and international systems of power and locates acts of criminal violence within the broader networks of structural violence.

Interventions and repression following civil conflict

2021 ◽  
pp. 002234332110108
Author(s):  
Naji Bsisu ◽  
Amanda Murdie
Keyword(s):  
Human Rights ◽  
Foreign Aid ◽  
Civil Conflict ◽  
Theoretical Argument ◽  
Negative Consequences ◽  
Security Sector Reform ◽  
State Repression ◽  
Human Rights Abuses ◽  
Peacekeeping Missions ◽  
International Interventions

Civil conflicts inevitably have negative consequences with regards to respect for human rights within affected states. Unfortunately, the violation of human rights often does not end with the conflict. What factors explain variation in state repression in post-civil conflict societies? Can international interventions, both civilian and military, improve human rights in states with a history of conflict? Does the size of the intervention matter? We argue that international interventions, including peacekeeping missions and officially directed foreign aid, can reduce physical integrity abuses. This process occurs by simultaneously increasing protections for civilians while also raising the costs of repression to both government leaders and their agents. Human rights abuses will also decrease when there are legal remedies available to vulnerable populations which are bolstered by a strong judicial system. A robust civil society can also discourage human rights abuses by shedding light on these events and providing human rights education. In line with our theoretical argument, we focus on UN peacekeeping missions, especially those with human rights teams, and officially directed foreign aid for legal and security sector reform and NGOs. Using both a treatment effects approach and a continuous dose–response model, we find much support for the implications of our argument.

Environmentally Forced Migration and Human Rights

2019 ◽  
pp. 336-362
Author(s):  
J. M. M. van der Vliet-Bakker
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Forced Migration ◽  
Human Rights Law ◽  
Minimum Standards ◽  
Cross Border ◽  
Specific Category ◽  
Forced Migrants

In an era of accelerating environmental degradation, a growing number of people will be affected by its effects. Some of those people will be forced to migrate, both internally and cross-border. Under current international law, those people are not recognized as a specific category entitled to protection. Many protection gaps in international law can be identified for these ‘environmentally forced migrants'. Human rights law can fill some of those gaps by offering minimum standards of treatment, procedural protection or complementary protection. This chapter systematically assesses these possibilities.

Part VI Human Rights and General International Law, Ch.33 Transnational Litigation: Jurisdiction and Immunities

2013 ◽  
Author(s):  
Keitner Chimène I
Keyword(s):  
Human Rights ◽  
International Law ◽  
Foreign Relations ◽  
Court Cases ◽  
Human Rights Abuses ◽  
National Courts ◽  
State Actors ◽  
Human Rights Norms

This article examines the issues of jurisdiction and immunities in transnational human rights litigation. It discusses the bases of asserting jurisdiction and highlights the problem in achieving consensus about the rules governing foreign official immunity. It analyses several relevant court cases including claims against foreign states, against current or former foreign officials and against non-state actors. This article argues that the horizontal enforcement of human rights norms by national courts carries the potential for both salutary and disruptive effects. It explains that while it can provide an avenue for victims of human rights abuses to obtain redress for their injuries, it can also interfere with the conduct of foreign relations with states that do not recognize the validity of national proceedings.

18. Human Rights and Forced Migration

2016 ◽  
Author(s):  
Gil Loescher
Keyword(s):  
Human Rights ◽  
Forced Migration ◽  
International Community ◽  
World Politics ◽  
Internal Displacement ◽  
High Commissioner ◽  
Forced Migrants ◽  
International Refugee Regime

This chapter examines the link between human rights and forced migration. It first considers the human rights problems confronting forced migrants both during their flight and during their time in exile before discussing the differing definitions accorded refugees today as well as the difficulty in coming up with a widely accepted definition. It then explores the roles and functions of the Office of the UN High Commissioner for Refugees and the international refugee regime. It also uses the case study of Myanmar to illustrate many of the human rights features of a protracted refugee and internal displacement crisis. Finally, it describes how the international community might respond to new and emerging challenges in forced migration and world politics, and better adapt to the ongoing tension between the power and interests of states and upholding refugee rights.

The Oxford Handbook of International Law in Armed Conflict

2014 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Forced Migration ◽  
Armed Forces ◽  
Cultural Property ◽  
Historical Background ◽  
The Law ◽  
The Right

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.

From Yugoslavia to Bosnia: Accommodating National Identity in National and International Law

1999 ◽  
Vol 6 (1-2) ◽  
pp. 1-63
Author(s):  
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Bosnia And Herzegovina ◽  
Peace Agreement ◽  
Historical Process ◽  
Detailed Consideration ◽  
Legal Responses ◽  
Dayton Peace Agreement ◽  
Dayton Agreement

AbstractThis article examines the constitutional and international law aspects of accommodating national identity in the historical process from Yugoslavia to Bosnia. Broad strategies to deal with crises are outlined. Detailed consideration is given to the whole range of international legal responses to the conflict in Yugoslavia, which were deployed in the pursuit of accommodating national identity. The Dayton Peace Agreement of November 1995, which included a Constitution of Bosnia and Herzegovina and an Agreement on Human Rights, is analyzed. Particular attention is given to the 'internationalizing' of the Constitution of Bosnia in terms of its making, its terms and its implementation. The article contains an assessment of the implementation and of the significance of the Dayton Agreement three years on. The concluding sections provide an overall assessment of the international responses and consider future strategies for accommodating national identity.

scholarly journals U.S. Race Relations and Foreign Policy

2021 ◽  
pp. 77
Author(s):  
Susan Page
Keyword(s):  
United States ◽  
Human Rights ◽  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
Race Relations ◽  
The United States ◽  
Human Rights Abuses ◽  
Call To Action ◽  
The United Nations

It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador Susan Page is an American diplomat who has faced human rights crises both at home and abroad. We found her following call to action inspiring. We hope you do too.

7 Alien Tort Statute Litigation

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Rights Abuses ◽  
Alien Tort Statute

This chapter considers litigation under the Alien Tort Statute, which provides for jurisdiction over suits brought by aliens for torts in violation of international law. The chapter begins by exploring Congress’s likely intent in enacting the Statute in 1789, and how the Statute may have related to Article III of the Constitution. The chapter then describes how the Statute received little attention until the Filartiga decision in 1980, which allowed for it to be used by aliens to sue other aliens for human rights abuses committed abroad. The chapter proceeds to explore a variety of doctrinal issues relating to this human rights litigation, including the source of the cause of action, the standards for bringing a claim, and the ability to sue corporations. The chapter then discusses the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, in which the Court substantially curtailed the territorial reach of claims that could be brought under the Statute.

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