Anti-Impunity and the Human Rights Agenda

Author: Karen Engle,Zinaida Miller,D. M. Davis

Publisher: Cambridge University Press

ISBN: 110707987X

Category: Law

Page: 378

View: 8610

In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become near-unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so through careful research and critical analysis that trends toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction among practices at the global and local levels. Altogether the authors demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.

Law's Trials

The Performance of Legal Institutions in the US 'War on Terror'

Author: Richard L. Abel

Publisher: Cambridge University Press

ISBN: 1108429750

Category: Law

Page: 850

View: 6652

The US 'war on terror' has repeatedly violated fundamental rule of law values. When executive and legislature commit such egregious wrongs, courts represent the ultimate defense. Law's Trials: The Performance of Legal Institutions in the US 'War on Terror' offers the first comprehensive account of judicial performance during the 16 years of the Bush and Obama administrations. Abel examines criminal prosecutions of alleged terrorists, courts martial of military personnel accused of law of war violations, military commission trials of 'high value detainees', habeas corpus petitions by Guantnamo detainees, civil damage actions by victims of both the 'war on terror' and terrorism, and civil liberties violations by government officials and Islamophobic campaigners. Law's Trials identifies successful defenses of the rule of law through qualitative and quantitative analyses, comparing the behavior of judges within and between each category of cases and locating those actions in a comparative history of efforts to redress fundamental injustices.

Post-transitional Justice

Human Rights Trials in Chile and El Salvador

Author: Cath Collins

Publisher: Penn State Press

ISBN: 0271036877

Category: Political Science

Page: 277

View: 3450

"Analyzes how activists, legal strategies, and judicial receptivity to human rights claims are constructing new accountability outcomes for human rights violations in Chile and El Salvador"--Provided by publisher.

"We Have Lived in Darkness"

A Human Rights Agenda for Guinea's New Government

Author: Corinne Dufka

Publisher: N.A

ISBN: 9781564327727

Category: Guinea

Page: 66

View: 7123

Guinea's judiciary, which could have mitigated some of the excesses, has been neglected, severely under-resourced, or manipulated, allowing a dangerous culture of impunity to take hold. As perpetrators of all classes of state-sponsored abuses and human rights crimes have rarely been investigated, victims have been left with scant hope for legal redress for even the most serious of crimes. In this report, Human Rights Watch identifies the key rule of law challenges faced by the new administration, explores some of the factors which have contributed to them, and makes recommendations on how to end this history of abuse and impunity and ensure Guinea's successful transformation from an abusive state into one that guarantees the rights of its people.

Contemporary Art

1989 to the Present

Author: Alexander Dumbadze,Suzanne Hudson

Publisher: John Wiley & Sons

ISBN: 1118298888

Category: Art

Page: 512

View: 4727

An engaging account of today’s contemporary art world that features original articles by leading international art historians, critics, curators, and artists, introducing varied perspectives on the most important debates and discussions happening around the world. Features a collection of all-new essays, organized around fourteen specific themes, chosen to reflect the latest debates in contemporary art since 1989 Each topic is prefaced by an introduction on current discussions in the field and investigated by three essays, each shedding light on the subject in new and contrasting ways Topics include: globalization, formalism, technology, participation, agency, biennials, activism, fundamentalism, judgment, markets, art schools, and scholarship International in scope, bringing together over forty of the most important voices in the field, including Sofía Hernández Chong Cuy, David Joselit, Michelle Kuo, Raqs Media Collective, and Jan Verwoert A stimulating guide that will encourage polemical interventions and foster critical dialogue among both students and art aficionados

Democracy and Islam in Indonesia

Author: Mirjam Künkler,Alfred Stepan

Publisher: Columbia University Press

ISBN: 0231535058

Category: Political Science

Page: 272

View: 561

Indonesia's military government collapsed in 1998, igniting fears that economic, religious, and political conflicts would complicate any democratic transition. Yet in every year since 2006, the world's most populous Muslim country has received high marks from international democracy-ranking organizations. In this volume, political scientists, religious scholars, legal theorists, and anthropologists examine the theory and practice of Indonesia's democratic transition and its ability to serve as a model for other Muslim countries. They compare the Indonesian example with similar scenarios in Chile, Spain, India, and Tunisia, as well as with the failed transitions of Yugoslavia, Egypt, and Iran. Essays explore the relationship between religion and politics and the ways in which Muslims became supportive of democracy even before change occurred, and they describe how innovative policies prevented dissident military groups, violent religious activists, and secessionists from disrupting Indonesia's democratic evolution. The collection concludes with a discussion of Indonesia's emerging "legal pluralism" and of which of its forms are rights-eroding and rights-protecting.

Corruption and Human Rights Law in Africa

Author: Kolawole Olaniyan

Publisher: Bloomsbury Publishing

ISBN: 1782254536

Category: Law

Page: 337

View: 5752

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

Cocaine and Heroin Trafficking in the Caribbean

Author: Daurius Figueira

Publisher: iUniverse

ISBN: 0595849482

Category: Political Science

Page: 158

View: 1634

This book deals with threats to the sustainability of specific Caribbean states in the face of the concerted threats posed by the illicit drug trade, the illicit gun trade, human smuggling and the sex trade. These concerted threats have impacted the epidemiology of HIV/AIDS in the Caribbean creating a conjunction of forces that is now the single most potent threat to Caribbean state survival and sustainability.

Indonesia

Law and Society

Author: Timothy Lindsey

Publisher: Federation Press

ISBN: 9781862876606

Category: Islamic law

Page: 734

View: 4178

Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.

Global Good Samaritans

Human Rights as Foreign Policy

Author: Alison Brysk

Publisher: Oxford University Press

ISBN: 9780199700684

Category: Political Science

Page: 304

View: 7164

In a troubled world where millions die at the hands of their own governments and societies, some states risk their citizens' lives, considerable portions of their national budgets, and repercussions from opposing states to protect helpless foreigners. Dozens of Canadian peacekeepers have died in Afghanistan defending humanitarian reconstruction in a shattered faraway land with no ties to their own. Each year, Sweden contributes over $3 billion to aid the world's poorest citizens and struggling democracies, asking nothing in return. And, a generation ago, Costa Rica defied U.S. power to broker a peace accord that ended civil wars in three neighboring countries--and has now joined with principled peers like South Africa to support the United Nations' International Criminal Court, despite U.S. pressure and aid cuts. Hundreds of thousands of refugees are alive today because they have been sheltered by one of these nations. Global Good Samaritans looks at the reasons why and how some states promote human rights internationally, arguing that humanitarian internationalism is more than episodic altruism--it is a pattern of persistent principled politics. Human rights as a principled foreign policy defies the realist prediction of untrammeled pursuit of national interest, and suggests the utility of constructivist approaches that investigate the role of ideas, identities, and influences on state action. Brysk shows how a diverse set of democratic middle powers, inspired by visionary leaders and strong civil societies, came to see the linkage between their long-term interest and the common good. She concludes that state promotion of global human rights may be an option for many more members of the international community and that the international human rights regime can be strengthened at the interstate level, alongside social movement campaigns and the struggle for the democratization of global governance.

Das Recht der Völker

Enthält: "Nochmals: Die Idee der öffentlichen Vernunft"

Author: John Rawls

Publisher: Walter de Gruyter

ISBN: 3110898535

Category: Philosophy

Page: 294

View: 5205

Welche Bedingungen lassen Völker gerecht und friedlich zusammenleben? Unter welchen Umständen sind Kriege gerechtfertigt? Welche Leitlinien müssen gegeben sein für Organisationen, die eine gerechte Gesellschaft von Völkern mit gleichen Rechten herzustellen vermögen? In acht Grundsätzen für eine gerechte internationale Ordnung entwickelt der amerikanische Philosoph John Rawls einen hypothetischen "Vertrag der Gesellschaft der Völker". Das jüngste Buch von John Rawls ist nach A Theory of Justice 1971, dt. 1975) und Political Liberalism (1993, dt. 1998) ein weiteres wichtiges Werk des bedeutenden amerikanischen Philosophen. Die Originalausgabe (The Law of Peoples, 1999) hat zu heftigen Kontroversen geführt.

Boycott, Divestment, Sanctions

The Global Struggle for Palestinian Rights

Author: Omar Barghouti

Publisher: Haymarket Books

ISBN: 1608461157

Category: Political Science

Page: 320

View: 9834

"Barghouti is the future. He is intelligent, empowered, and non-violent. He is completely impressive. It would help Americans to see such a picture of Palestinian political engagement, when they have such a distorted image of who Palestinians are. Some day they will know him."—Phillip Weiss, author of Mondoweiss: The War of Ideas in the Middle East THIRTY YEARS ago, an international movement utilizing boycott, divestment, and sanction (BDS) tactics rose in solidarity with those suffering under the brutal apartheid regime of South Africa. The historic acts of BDS activists from around the world isolated South Africa as a pariah state and heralded the end of apartheid. Now, as awareness of the apartheid nature of the State of Israel continues to grow, Omar Barghouti, founding member of the Palestinian Civil Society Boycott, Divestment and Sanctions (BDS) campaign against Israel, presents a renewed call to action. Aimed at forcing the State of Israel to uphold international law and universal human rights for the Palestinian people, here is a manifesto for change. “No one has done more to build the intellectual, legal and moral case for BDS than Omar Barghouti. The global Palestinian solidarity movement has been transformed and is on the cusp of major new breakthroughs.” —Naomi Klein, author of The Shock Doctrine and No Logo “I commend this excellent book by Omar Barghouti…BDS is a call to refuse to be silent in the face of military occupation of the Palestinian people by the Israeli regime, apartheid, and colonialism. BDS is a nonviolent way in which each of us and our governments can follow our conscience and rightful moral and legal responsibility and act now to save Palestinian lives by demanding that the Israeli apartheid regime give justice and equality to all." —Mairead Maguire, Nobel Peace Laureate (1976)