scholarly journals Protection of civilians in the law of war: A case study of Myanmar

2021 ◽  
Vol 5 (2) ◽  
pp. 124-138
Author(s):  
Ahmed Arafa A. Hammad ◽  
Guo Dexiang
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Transition To Democracy ◽  
Law Of War ◽  
Human Rights Organizations ◽  
Muslim Minority ◽  
International Attention ◽  
The Law ◽  
Muslim Minorities

The paper is aimed to analyses the Law of War violation in Myanmar. Current communal conflicts in Myanmar among Buddhists and Muslims have cast a pall over the country's transition to democracy. The Rohingya, a Muslim minority group, has been disproportionately affected by the recent round of violence. The Rohingya have been subjected to many human rights violations, which has drawn international attention to the situation. Because the Myanmar government does not recognize Rohingya as a separate ethnic group, they are effectively stateless. Rohingya claim to be indigenous people of Myanmar, despite the government's statements that they came from Bangladesh. The research concludes that as positive as the recent political change has been, the Rohingya's future development does not appear bright. International human rights organizations are urging the global community to pressure Myanmar's administration to amend the Citizenship Law, which effectively makes the Rohingya homeless. The end of this article will give a solution for the Myanmar conflict and protect the Muslim minorities.

Promoting Democracy in the Face of Autocracy

2020 ◽  
pp. 123-137
Author(s):  
Catherine E. Herrold
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Transition To Democracy ◽  
Human Rights Organizations ◽  
The Face ◽  
The Law ◽  
Egyptian Government

Chapter 5 reviews how President Abdel Fattah al-Sisi, following his installation in 2014, quickly moved to consolidate power and repress Egypt’s NGO sector. The chapter describes how in 2017 the Egyptian government ratified an even more oppressive NGO law that further restricted foreign funding, eliminated loopholes for human rights organizations, curtailed permissible activities, and instituted more severe punishments for violating the law. Rather than a transition to democracy, Egypt seemed to have settled into even deeper autocracy, as President Sisi curtailed civil society even more repressively than had Mubarak. Chapter 5 draws on data collected in 2014 and 2017 to show how development NGO and foundation leaders persevered, finding new and creative ways to continue to fight for reform.

scholarly journals Countering Ethnic Violence, Extremism, and Terrorism or Human Rights Violations: A Case Study of Central Asian Republics

2018 ◽  
Vol 02 (01) ◽  
Author(s):  
Dr. Adam Saud ◽  
Dr. Irfan Hussain Qaisrani
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
Ethnic Violence ◽  
Political Systems ◽  
Human Rights Organizations ◽  
Regional Dynamics ◽  
Central Asian ◽  
The Social ◽  
Free Region

Central Asia has been declared as ‘not free’ region by most of the global human rights organizations. The region has been governed by the old socialist-minded leadership since its independence. This style does not give room for civil liberties and human rights. Furthermore, the region has been marked with extremism, terrorism and ethnic violence for a long period of time. The regimes are also supported by other ‘not free’ states especially Russia and China. Such kind of regional dynamics has encouraged the states to adopt oppressive policies in order to strengthen themselves. This research focuses; to understand the social and ethnic demography of the Central Asian region; to understand the hyper-presidential political systems of the region; to understand the violent and non-violent movements against the ‘system’, and to analyze the state policies towards human rights and civil liberties.

scholarly journals ZAWŁASZCZENIE NIERUCHOMOŚCI NA PRZYKŁADZIE DZIAŁAŃ WOJENNYCH Z POCZĄTKU XVII WIEKU W RZECZYPOSPOLITEJ OBOJGA NARODÓW. Z BADAŃ NAD PRAWEM ZDOBYCZY WOJENNEJ W EPOCE NOWOŻYTNEJ

2017 ◽  
Vol 16 (4) ◽  
pp. 59
Author(s):  
Karol Łopatecki
Keyword(s):  
Real Estate ◽  
Early Modern ◽  
17Th Century ◽  
Military Operations ◽  
Law Of War ◽  
Legal Situation ◽  
The Law ◽  
Grand Duchy

Property Requisition: A Case Study of early 17th-Century Military Operations for Research on the Early Modern Law on War TrophiesSummary This article is on the requisitioning of property by soldiers stationing on enemy territory. The author presents the law on war trophies in force in Poland-Lithuania in 1609–1619, when the country was at war against the Grand Duchy of Muscovy. In particular he examines a protestation lodged by Stanisław Galiński, a Mazovian nobleman. This document provides evidence that pursuant to the Polish-Lithuanian law of war abandoned property could be lawfully requisitioned providing the party taking possession of the vacant real estate became its effective holder by taking over its management. This theory is confirmed by a 1613 parliamentary resolution which allowed for the confiscation of requisitioned property from soldiers who could not prove their title to tenure on these grounds. The legal situation of requisitioned properties was similar to that of property held by the Muscovite boyars of the Smolensk region, who were granted a conditional endorsement of tenure, with the recognition of a title in fee simple subject to enfeoffment by the king.

scholarly journals When Human Rights are not Enough

2018 ◽  
Vol 2 (1) ◽  
pp. 236
Author(s):  
Joeni Kurniawan
Keyword(s):  
Human Rights ◽  
Identity Politics ◽  
Minority Groups ◽  
Minority Group ◽  
National Commission ◽  
Multicultural Society ◽  
Fellow Citizen ◽  
Research Findings ◽  
Human Rights Act ◽  
The Law

Juridically, there have been quite a lot of legal instruments existing in Indonesia to protect human rights. These legal instruments include the Indonesian Constitution, which has special articles regulating about human rights, the Human Rights Act (the Law Number 39 of 1999), the National Commission for Human Rights, etc. Thus, normatively, all those legal instruments should be adequate to protect human rights in Indonesia, including the protection of the minority groups. However, the facts don’t seem in line with such expectation. There have been a lot of cases happened in Indonesia that bring this country into a serious question in its ability to protect the minority groups. The persecutions over the Ahmadiyah and Shia sects, the rejections against non-Muslim worship place establishments, and as the most recent one, the case of Jakarta’s governor Basuki Tjahaja Purnama, are some of the long sad stories showing how Indonesia is really poor in its performance to protect the minority groups. Identity politics and even a sentiment of racism are re-escalating in Indonesia today, which seems affirming the research findings got by the Wahid Foundation showing that 59.9% of 1520 of respondents from 34 provinces in Indonesia said that they have hatred towards some groups of their fellow citizen, such as those who are non-Muslims, Chinese-descents, communists, etc (Hakim 2016). Among this 59,9% respondents, 92,2% of them said that they highly oppose a person coming from those groups to become a governmental leader, and 82,4% of this people even said that they don’t want to have a neighbor coming from those groups (Hakim 2016). Such re-emergence of identity politics and sentiment of racism, as well as a frightening fact of hatred among people, really give a serious question about why all the human rights instruments which already exist in Indonesia seem to fail in preventing all those things to happen. In this article, I will show my hypothesis that all that sad news that happened in Indonesia in regard to the minority group protection are due to the failure of multiculturalism approach implemented in Indonesia so far. Thus, I will also propose the interculturalism approach to be implemented in Indonesia as the critique and refinement of multiculturalism approach in dealing with the multicultural society, including in regard to the minority groups protection.

scholarly journals An Islamic University in the West and the Question of Modern Authenticity

Numen ◽  
2019 ◽  
Vol 66 (4) ◽  
pp. 403-421
Author(s):  
Kirstine Sinclair
Keyword(s):  
Faculty Members ◽  
The West ◽  
Professional Careers ◽  
Muslim Minority ◽  
Muslims In The West ◽  
The Uk ◽  
Muslim Minorities ◽  
Participatory Observation ◽  
Contemporary Britain

AbstractThe aim of this article is to discuss how Islamic universities in the West facilitate and condition the formation of modern Muslim subjectivities in minority contexts, with an emphasis on the institutions as providers of guidelines for good, Muslim minority life. This is done through a case study of Cambridge Muslim College in the UK. Its values and aims are explored through interviews with the founder and dean, faculty members and students, and through participatory observation. Cambridge Muslim College sees itself as a mediator between Islamic traditions and modern Muslims in the West, and as responsible for engaging in the development of both Muslim minorities and the wider society within which it operates. The questions guiding the study are the following: What role do Islamic universities play in shaping modern Muslim subjectivities in the West? How does Cambridge Muslim College combine understandings of authenticity with preparing their students for professional careers in Britain? The study shows that the understanding of authenticity that is encouraged by college dean Shaykh Abdal Hakim provides an important tool for the students as they strive to form meaningful selves and careers in contemporary Britain. Thus, references to authentic Islam is used to support the development of both working and moral modern subjects.

scholarly journals Religion in the Abortion Discourse in Singapore: A Case Study of the Relevance of Religious Arguments in Law-Making in Multi-Religious Democracies

2010 ◽  
Vol 26 (2) ◽  
pp. 505-539 ◽  
Author(s):  
Seow Hon Tan
Keyword(s):  
Social Issue ◽  
Human Rights ◽  
Minority Groups ◽  
Population Control ◽  
Minority Group ◽  
Same Sex ◽  
Full Support ◽  
Liberal Philosophy ◽  
Law Making

I … appeal to hon. Members to face up to the challenge on this important social issue and give their full support to the Bill. I do hope that they will not falter just because of some pressure, social or otherwise, brought to bear on them by some minority groups outside who, on account of their religious dogmas, desire to impose their will on the majority… I am certain that the opposing stand to this Bill taken by this minority group will also in the course of time end up in the dustbins of history.Abortion, along with same-sex unions, is perhaps one of the world's most polarizing issues today. Laws on abortion vary across different jurisdictions, from prohibiting abortion under all circumstances to freely allowing it without restriction as to reason. Unlike rights such as freedom from torture or of speech, failure to recognize abortion rights is not necessarily the product of illiberal governments known to abuse human rights, nor is allowing abortion indicative of a good human rights record. Extensive rights to terminate a pregnancy may be symptomatic of a government's policy for population control, as in the case of China, or it may be an expression of the liberal philosophy of autonomy, as in the case of Canada.

Human Rights and Wrongs in Iran's Drug Diplomacy with Europe

2017 ◽  
Vol 71 (3) ◽  
pp. 403-432 ◽  
Author(s):  
Janne Bjerre Christensen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Death Penalty ◽  
Drug Trafficking ◽  
Drug Control ◽  
Policy Makers ◽  
Human Rights Organizations ◽  
History Of ◽  
Drugs And Crime

Europe has a strong interest in and a history of assisting Iran in controlling inflows of drugs from Afghanistan. But due to Iran's increasing use of the death penalty in drug trafficking cases, Europe has terminated its cooperation. Based on interviews with Iranian policy-makers and representatives of both human rights organizations and the United Nations Office on Drugs and Crime (UNODC), this article presents Denmark's withdrawal of drug control funding in 2013 as a case study, analyzing the dilemmas and trajectories of joint Iranian-European drug diplomacy and the prospects for reengagement following the nuclear agreement.

GÄFGEN V. GERMANY. CASE STUDY

2020 ◽  
Vol 138 (2) ◽  
pp. 219-235
Author(s):  
KRYSTYNA PATORA ◽  
EMIL ŚWIĄDER
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Proceedings ◽  
The Law

The article focuses on the case of Gäfgen v. Germany, which con-cerns the restrictions imposed on police offi cers who work on cases involving terror and violence posing a risk to human life, and on the ones who have to make decisions protecting victims’ lives. The choice of measures serving the protection of the highest value, i.e. human life, is not easy. At the same time, police offi cers are assessed in terms of criminal law as regards the protection of the basic human rights enjoyed by perpetrators who pose a risk to other people’s lives. The case of Gäfgen v. Germany regards the choice of values, and the criminal liability of police offi cers, connected with thereof, as well as the problem of the admissibility of evidence obtained in breach of the law in criminal proceedings, and the limitations of the fruit of the poisonous tree doctrine.

scholarly journals Muslim Minority in Myanmar: A Case Study of Myanmar Government and Rohingya Muslims

2017 ◽  
Vol 25 (2) ◽  
pp. 303
Author(s):  
Ismail Suardi Wekke ◽  
Hasbi Hasbi ◽  
M Mawardin ◽  
Suyatno Ladiqi ◽  
Mohd Afandi Salleh
Keyword(s):  
International Law ◽  
Political Context ◽  
The Political ◽  
Not Given ◽  
Citizenship Rights ◽  
Muslim Minority ◽  
International Attention ◽  
The Government

<p>The discrimination suffered by Rohingya Muslims is increasingly blewed up in media in last decade. The peak of the discriminatory treatment against Rohingya Muslim by Myanmar government is the unavailability of shelter from Myanmar government. In the perspective of international law, Myanmar government's actions constitute a serious violence, because it ignores the rights of its citizens. Even a series of massacres and inhumane treatment became a major offense committed by Myanmar government in terms of humanity. This attracted international attention in solving the problem. This article illustrated the fate of Rohingyas who are not given citizenship rights by Myanmar government. It also revealed the irony of Muslims of Rohingya life who are discriminated by the government of Myanmar, both in the practical as well as in the political context.</p><p>Diskriminasi yang diderita oleh Muslim Rohingya semakin mengemuka di media dalam dekade terakhir. Puncak perlakuan diskriminatif terhadap Muslim Rohingya adalah tidak tersedianya tempat tinggal dari pemerintah Myanmar. Dalam perspektif hukum internasional, tindakan pemerintah Myanmar ini merupakan bentuk kekerasan yang serius, karena mengabaikan hak warganya. Selain itu serangkaian pembantaian dan perlakuan tidak manusiawi menjadi pelanggaran besar yang dilakukan oleh pemerintah Myanmar dalam hal kemanusiaan. Hal ini menarik perhatian dunia internasional dalam upaya memberikan solusi atas permasalahan-permasalahan tersebut. Artikel ini selain menggambarkan nasib warga Rohingya yang tidak diberikan hak kewarganegaraan oleh pemerintah Myanmar, juga mengungkap ironi Muslim dari kehidupan Rohingya yang didiskriminasi oleh pemerintah Myanmar, baik dalam praktik maupun dalam konteks politik.</p>

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