- Research Article
1397
- 10.1086/494362
Sex and Death in the Rational World of Defense Intellectuals
- Jul 01, 1987
- Signs: Journal of Women in Culture and Society
- Carol Cohn
Sex and Death in the Rational World of Defense Intellectuals
This chapter critically analyzes the counter-terrorist narrative in Morocco and argues that the perceived threat of terrorism is used by the regime in order to legitimize and normalize exceptional measures and human rights violations. The chapter analyzes discursive and non-discursive practices, overcoming the central socio-linguistic focus of Critical Terrorism Studies by borrowing sociological tools from the proponents of International Political Sociology. Moreover, Critical Security Studies’ central analyses of western securitization processes have neglected the transnational dialogue on the Global War on Terror (GWoT) in the Global South, and its elites. The use of the counter-terrorist narrative in Morocco helps us to understand the relational and political nature of the concept of security and its effect on social power relations. The paper concludes that the GWoT strengthens authoritarianism in Morocco and opens the debate on the impact that this local alignment with global securitization practices has on other global issues such as conflict resolution, democratization, or development.
Sex and Death in the Rational World of Defense Intellectuals
Sex and Death in the Rational World of Defense Intellectuals
Securing Methods, Practicing Critique: A Review of Methods and Critical Security Studies
Laura J. Shepherd, ed. (2013). Critical Approaches to Security: An Introduction to Theories and Methods . Routledge, London and New York, 304 pp., $160.00 hardcover (ISBN-13 978-0-415-68017-2), $54.95 paperback (ISBN-13 978-0-415-68016-5). Mark B. Salter and Can E. Mutlu, eds. (2013). Research Methods in Critical Security Studies: An Introduction . Routledge, London and New York, 256 pp., $150.00 hardcover (ISBN-13 978-0-415-53539-7), $51.95 paperback (ISBN-13 978-0-415-53540-3). Jacob L. Stump and Priya Dixit. (2013). Critical Terrorism Studies: An Introduction to Research Methods . Routledge, London and New York, 208 pp., $145.00 hardcover (ISBN-13 978-1-415-62046-8), $46.95 paperback (ISBN-13 978-0-415-62047-5). Claudia Aradau, Jef Huysmans, Andrew Neal, and Nadine Voelkner, eds. (2014). Critical Security Methods: New Frameworks for Analysis . Routledge, London and New York, 230 pp., $150.00 hardcover (ISBN-13 978-0-415-71294-1), $44.95 paperback (ISBN-13 978-0-415-71295-8). “There is a point at which methods devour themselves” (Fanon 1952, 12). Almost 20 years since the publication of Krause and Williams's edited volume Critical Security Studies: Concepts and Cases (1997), critical security studies (CSS) has reached a moment in which critiques of more traditional or mainstream modes of studying the politics of war, security, and violence are supplemented by a great deal of explicit attention to their methods and methodologies for doing so. The last few years have witnessed a sudden proliferation of textbooks on methods for critical security studies that have attempted to chart the field and provide guidance for students or newcomers on methods for conducting research consistent with its values and goals. The four volumes discussed in this review essay follow on the heels of numerous other textbooks that attempt to map the terrain of security studies, such as Hansen and Buzan (2009), Peoples and Vaughan-Williams’s edited compilation of key and illustrative works (2010), Jarvis and Holland (2014), and the second edition of Karin Fierke’s Critical Approaches to International Security (2015 [2007]). In recent years, the establishment of several journals, including Critical Security Studies and particularly Security Dialogue , as well as Journal of Global Security Studies (an ISA journal) and European Journal of International Security (a BISA journal), that are dedicated to pluralistic studies of security have also suggested the popularity and continued innovation of diverse strands of scholarship that can be grouped as “critical security studies.” Furthermore, the selection of “Methods, Methodologies, and Innovation” to frame the 2014 Millennium conference and subsequent special issue also suggests a great deal of both interest and tension around the question of method and methodology for critical, interpretative, and pluralistic scholars, including the question of whether or not issues of “method” should be … lw487{at}cam.ac.uk
Read moreFORGIVING THE UNFORGIVABLE: LANGUAGE POWER IN POLITICAL COMMUNICATION BETWEEN INDONESIA AND TIMOR-LESTE (Qualitative Research on Conflict Resolution over Human Rights Violations in East Timor, Before and After Referendum of 1999)
The conflict that occurred between Indonesia and Timor-Leste (Timor Timur) after the Popular Consultation was a conflict of power or a power struggle. This power struggle resulted in gross human rights violations. To resolve this conflict, in 2005 the Indonesian Timor-Leste Truth and Friendship Commission (KKP) was formed. Researchers assume that language can be used in conflict resolution. So the aims of this study are (1) to reveal the meaning of the text in Per Memoriam Ad Spem in constructing human rights violations in Timor-Leste in 1999, before and after the Popular Consultation. (2) Explaining the power of language in the construction of reports on human rights violations and conflict resolution in Per Memoriam Ad Spem, so that an agreement is reached that should not be forgiven to be forgiven. Van Dijk's discourse theory, Derrida's theory of deconstruction, and Bourdieu's theory of language & power, all three are related to language and power. These three theories are used as a basis for dissecting the phenomenon of this research. This study uses a critical constructionism paradigm, a type of qualitative research, and an interpretive approach. The findings of this study are that the strength of the Indonesian language as the primary working language has a very extraordinary impact. Textually, in the macro, meso, and micro dimensions, through language, political communication has been constructed which leads to the establishment of reconciliation between parties in power, which should deconstruct human rights violations. The parties with their power discourse can melt down, so that gross violations of human rights, which should not be forgiven, become forgiven. This is in line with Derrida's idea of true forgiveness or unconditional forgiveness, namely forgiving the unforgivable
Read moreThe HIV epidemic in eastern Europe and central Asia in difficult times: a story of resilience and change.
The eastern European and central Asian (EECA) region is facing the fastest-growing HIV epidemic in the world with 160,000 (130,000–180,000) people newly acquiring HIV in 2021, an overall 48% increase in the number of new acquisitions, and a 32% rise in AIDS-related deaths over the past 10 years [1]. The World Health Organization East European region is estimated to accommodate 1.4 million people living with HIV (PWH), with the majority of new transmissions reported to occur locally and to be unrelated to cross-country migrations [2, 3]. Sadly, according to UNAIDS, in 2022 only 62% of people living in the EECA region were aware of their HIV status and 51% of PWH received HIV treatment, which resulted in an overall viral suppression rate of 48% [1]. Common (>50%) late diagnoses (with either AIDS-defining condition or CD4+ T cell count <350 cells/µl at presentation) [4] further add to the epidemiological issues and complexity of client management [5]. Although the key acquisition risk in the region has changed from unsafe injection practices to heterosexual transmission, access to opioid agonist therapy (OAT) and needle and syringe programmes is often still limited (Kazakhstan) or unavailable (Uzbekistan, Turkmenistan), which results in OAT regional coverage as low as 4%, far below the UNAIDS target of 50%. Furthermore, pre-exposure prophylaxis (PrEP) and combination prevention services are of limited availability or not formally implemented across multiple countries in the region usually due to financial barriers to access, such as lack of state funding for medicines, limited technical capacity or cost of service delivery [6]. This results in a substantially larger HIV PrEP gap (the proportion of populations at risk of acquiring HIV "very likely" to use PrEP if accessible, compared with the proportion currently using PrEP) across countries located in the EECA region (up to 45%) compared to the overall median of 17.4% estimate for the European Union [7]. Moreover, there is a high level of stigma across the countries, especially against gay men and other men who have sex with men. The growing epidemic and the suboptimal access to prevention, testing and treatment are the main reasons that challenge the 2030 targets. The humanitarian crisis related to the Russian invasion and war in Ukraine has challenged the situation even further hindering testing and treatment efforts, forcing both internal displacement (estimated 3.7 million) and external migration of locals as refugees (estimated 6.4 million, as of March 2024) [8]. On top of massive casualties, civilian and healthcare infrastructures were destroyed, forcing refugees to seek safety, protection and assistance, including continued access to medical care. Ukraine is home to ∼260,000 PWH with >130,000 on antiretroviral treatment (ART). Although significant progress was made in the response to the HIV epidemic in Ukraine before the outbreak of war resulting in a 47% reduction in HIV incidence and an 81% reduction in AIDS mortality, the war has significantly affected the HIV and tuberculosis (TB) programmes, with internal displacement resulting in diminished service capacity, difficulty in ART provision and reduction in prevention services [9]. Despite notable hardship, Ukraine managed to maintain full access to ART, increased OAT rollout by 38% (reaching >27,000 people) and doubled the number of people on PrEP, which is now available free of charge [10]. A large proportion of the studies published in this supplement focus on Ukraine and the responses given during the war, providing good examples of resilience and strength and reflecting personal experiences in the setting of mass trauma. Mass traumas are especially important from the perspective of PWH, as these may bring out stress and exacerbate mental health issues. Owczarzak et al. analyse the bioecological model of mass trauma in the context of the Russian invasion and war in Ukraine among PWH with a history of injecting substance use [11]. This study reported the results of 18 interviews with people from four Ukrainian cities in autumn 2022. The study not only outlines personal experiences but also confirms the deep impact of war on the personal and healthcare-related wellbeing of participants, the necessity to respond to the triggering situations, such as the decrease in work opportunities, incremental costs and the necessity for internal displacement. All these factors were shown to be affecting ART access, adherence and general access to healthcare. Lazarus et al. analysed the non-governmental organization (NGO) response during the war and described service provision for key populations in Ukraine, using a mixed-methods project among geographically dispersed non-governmental (n = 24) and governmental (n = 2) organizations representing several Ukrainian regions [12]. Their analysis outlines the impact of the war on NGO work, including HIV prevention and treatment in a time when humanitarian aid is critical. Following the initial shock and the terror of war, the majority of the organizations quickly resumed work, limiting the duration of cessation of services, optimizing response and reallocating work to available staff. This study provides a strong story of resilience and support emphasizing the key work of NGOs in healthcare responses during unfortunate "big events" such as war. The topic of human rights and the context of war in Ukraine is further expanded by Lohman et al. by presenting an assessment related to human rights barriers to the prevention and treatment of HIV and TB [13]. The study consisted of a series of assessments covering the period of the Russian invasion and outbreak of war aiming to examine the progress in the scale-up and outcomes of human rights programmes. The paper describes an implementation learning evaluation using 25 interviews with programme implementers, community advocates and government officials, representing 14 organizations. Interview data clearly reflect the reduction of stigma in several domains, including a decrease in the proportion of PWH who faced unauthorized disclosure in the social environment (−19%), a reduction in the number of reported verbal abuses/personal threats (−13%) and improvement (+33%) in the perceived confidentiality of medical records. The war resulted in the expansion of regional coverage of legal and advocacy programmes and services, allowing a large number of the population to maintain access to key services. Ukraine is also one of few countries in the EECA region that have implemented numerous combination prevention programmes including HIV PrEP, where adherence remains challenging. In the follow-up of the study on oral daily PrEP with tenofovir disoproxil fumarate (TDF)/emtricitabine (FTC) [14] in 199 people who inject drugs (PWID) in Ukraine with or without the use of text reminders, Morozova et al. analysed longitudinal reported adherence patterns coupled with the measurement of tenofovir diphosphate and emtricitabine triphosphate in dried blood spots from study participants as objective measures of adherence [15]. The study enrolled people who have been injecting drugs for longer than 20 years (37%) with a high proportion of alcohol use (67%) and >50% with moderate to severe depression. In this highly challenging group, the perceived adherence was high to moderate in >90% of the cases with 81% reporting to take more than 95% of their TDF/FTC doses. Alarmingly, data from the dried blood spot metabolite analysis revealed the reality to be divergent from patient-reported adherence with >50% of participants without detectable TDF/FTC metabolite levels. This study provides unique data confirming the divergence between perceived and measured adherence among PWID, indicating that novel telemedicine or online interventions in combination prevention of HIV can be particularly useful in marginalized or difficult-to-reach populations. Migrants from central Asia moving to central eastern countries to work are disproportionately affected by HIV and sexually transmitted infections due to high-level stigma and poor working conditions, and have lower or no access to the health system and prevention tools compared to other groups. Kovtun et al. [16] focused on human rights violations related to sexual orientation, gender identity (SOGI), and HIV in six countries in eastern Europe, Caucasus and central Asia in 2022 (Armenia, Kazakhstan, Kyrgyzstan, Tajikistan, Ukraine and Uzbekistan), which have a background of a rapidly rising HIV epidemic, strict social and religious norms, high level of stigma and discrimination associated with sexual and gender minorities and HIV, and regional conflict. Using the Rights—Evidence—ACTion (REAct) tool, they analysed the data on rights violations upon complaints from gay and bisexual men who have sex with men and transgender women. The strikingly higher numbers of rights violations and violations solely based on SOGI in Ukraine compared to the Caucasus and central Asian countries suggest that despite all the achievements made in the country in the last decade in terms of harm reduction, testing, and access to ART and care, stigma and discrimination still prevails in the country. The effect of the recent war in Ukraine was also evident with more human rights violations by police and military staff, denials of private or social services, refusals of temporary accommodation services and denial of border crossings. The results of this study underscore the diversity of the region in terms of stigma, discrimination and human rights violations. Mackesy-Amiti et al. define a social intervention that aimed to reduce high-risk behaviours for HIV among Tajik migrants who inject drugs working in the Russian Federation [17]. This was a cluster-randomized controlled trial comparing the network-based, peer educator training with the general health education training. Male Tajik migrants were recruited as peer educators and trained on how to reduce personal risk for HIV acquisition and to deliver knowledge to peers. The interviews showed that the baseline percentages of binge drinking, condomless sex, and syringe and equipment sharing behaviours were considerably high, and needle cleaning behaviour and HIV testing were extremely low in both peer educators and peers. There was a significant reduction in needle-sharing behaviour following study intervention, but a modest effect on sexual behaviour. This study suggests that interventions tailored to the needs of specific groups and the inclusion of peers may be effective even in populations that are hard to reach. Stigma-associated issues were also addressed by Davis et al. who used a citizen science approach to address HIV-related stigma and increase HIV testing in adolescents and young adults in Kazakhstan [18]. These populations were called to develop digital materials, which would be assessed and rated in a contest with the aim to reduce HIV-related stigma and promote HIV self-testing. The submitted materials were judged by a board including peers of the contestants, healthcare professionals and representatives of NGOs, and highly rated submissions were awarded. Adolescents and young adults showed a high level of interest in the project both as contestants, which resulted in a high number of submissions, and as board members providing input in the development and implementation of the study, running social media procedures, creating promotional materials and providing feedback on the submission system. Inclusion of the community stimulated collaboration among adolescents and young adults, and increased knowledge of HIV-related stigma and the importance of HIV testing. Lastly, a study also from Kazakhstan on adherence to ART among PWH in association with mental health and cognitive disorders was presented by Mergenova et al. [19]. The size of the HIV epidemic in this country is increasing with the majority of acquisitions reported among people who inject psychoactive substances. The authors performed a cross-sectional questionnaire-based analysis of 230 PWH on stable (>6 months) ART, with the assessment of self-reported ART adherence in addition to depression, anxiety, post-traumatic stress disorder (PTSD) symptoms, and cognitive and memory assessments. Notably, a third of the patients reported a history of mental illness, while only 25% reported injection drug use and 17% hazardous alcohol drinking. Moreover, mild depression or anxiety was reported in 20−32%, while in 6−10%, these mood disorders were at least moderate including PTSD symptoms observed in 7% of cases. Not surprisingly, these symptoms were associated with lower adherence—missing ART was more likely among participants with mild or moderate depressive symptoms, mild or moderate anxiety symptoms, PTSD symptoms or forgetfulness. On the contrary, better cognitive function was associated with better adherence to therapy. This study emphasizes the need for precise and regular assessment of not only ART but also mental health and cognitive function for better care of PWH in order to tailor specific responses and to provide mental health support for improving treatment adherence and maintaining optimal viral suppression rates. The long history of neglecting HIV in EECA resulted in rapid increases of transmissions. The high number of PWID and migrants who are disproportionately affected by HIV and the unique characteristics of each country with different cultures, beliefs and structures challenge the long-term efforts to address the epidemic. This supplement on the HIV epidemic in eastern Europe and central Asia presents a story of resilience, continued efforts to improve human rights, and innovative approaches to combination prevention, and summarizes key challenges related to stigma and other societal issues. While continuing these efforts, further international support, commitment and collaboration will be vital to achieve the new goals for 2030 to end AIDS in the region. The authors declare no competing interests. MP and DG jointly drafted and revised the editorial. All the authors read and approved the final version. We would like to express our sincere thanks to all the authors who prepared, submitted and revised manuscripts in response to this supplement request. We are grateful to all the research participants who volunteered to take part in studies in this supplement. We are also thankful to our co-Guest Editor, Dr Andriy Klepikov, Executive Director of the Alliance for Public Health, for his valuable role in the conceptualization and development of this supplement. The authors alone are responsible for the views expressed in this supplement and they do not necessarily represent the views, decisions or policies of the institutions with which they are affiliated. Data sharing is not applicable to this article as no datasets were generated or analysed during the current study.
Read moreMental Distress and Human Rights Violations During COVID-19: A Rapid Review of the Evidence Informing Rights, Mental Health Needs, and Public Policy Around Vulnerable Populations.
Background: COVID-19 prevention and mitigation efforts were abrupt and challenging for most countries with the protracted lockdown straining socioeconomic activities. Marginalized groups and individuals are particularly vulnerable to adverse effects of the pandemic such as human rights abuses and violations which can lead to psychological distress. In this review, we focus on mental distress and disturbances that have emanated due to human rights restrictions and violations amidst the pandemic. We underscore how mental health is both directly impacted by the force of pandemic and by prevention and mitigation structures put in place to combat the disease.Methods: We conducted a review of relevant studies examining human rights violations in COVID-19 response, with a focus on vulnerable populations, and its association with mental health and psychological well-being. We searched PubMed and Embase databases for studies between December 2019 to July 2020. Three reviewers evaluated the eligibility criteria and extracted data.Results: Twenty-four studies were included in the systematic inquiry reporting on distress due to human rights violations. Unanimously, the studies found vulnerable populations to be at a high risk for mental distress. Limited mobility rights disproportionately harmed psychiatric patients, low-income individuals, and minorities who were at higher risk for self-harm and worsening mental health. Healthcare workers suffered negative mental health consequences due to stigma and lack of personal protective equipment and stigma. Other vulnerable groups such as the elderly, children, and refugees also experienced negative consequences.Conclusions: This review emphasizes the need to uphold human rights and address long term mental health needs of populations that have suffered disproportionately during the pandemic. Countries can embed a proactive psychosocial response to medical management as well as in existing prevention strategies. International human rights guidelines are useful in this direction but an emphasis should be placed on strengthening rights informed psychosocial response with specific strategies to enhance mental health in the long-term. We underscore that various fundamental human rights are interdependent and therefore undermining one leads to a poor impact on the others. We strongly recommend global efforts toward focusing both on minimizing fatalities, protecting human rights, and promoting long term mental well-being.
Read moreHuman Security
Human security suggests that security policy and security analysis, if they are to be effective and legitimate, must focus on the individual as the referent and primary beneficiary. In broad terms, human security is “freedom from want” and “freedom from fear:” positive and negative rights as they relate to threats to core individual needs. Human security is normative; it argues that there is an ethical responsibility to (re)orient security around the individual in line with internationally recognized standards of human rights and governance. Much human security scholarship is therefore explicitly or implicitly underpinned by a solidarist commitment to moral obligation, and some are cosmopolitan in ethical orientation. However, there is no uncontested definition of, or approach to, human security, though theorists generally start with human security challenges to orthodox neorealist conceptions of international security. Nontraditional and critical security studies (which are distinct from human security scholarship) also challenges the neorealist orthodoxy as a starting point, although generally from a more sophisticated theoretical standpoint than found in the human security literature. Critical security studies can be conceived broadly to embrace a number of different nontraditional approaches which challenge conventional (military, state-centric) approaches to security studies and security policy. Human security has generally not been treated seriously within these academic security studies debates, and it has not contributed much either.
Read moreEKSISTENSI DAN PROSES PERADILAN HAM DI INDONESIA
The development of the influence of human rights in its journey has affected various countries, including Indonesia. The end of the New Order government, which was very repressive after 32 years in power, has raised awareness of the importance of respecting human rights. Demands for justice against past human rights violators are increasing, while human rights violations continue to take place in various forms, patterns and different actors. Human rights issues are often used by a group of people for their political and economic interests, while officials are reluctant to act for fear of being accused of violating human rights. The understanding of human rights in Indonesia as values, concepts and norms that live and develop in society can be traced through a study of years, and before the human rights court was formed, cases of gross human rights violations were tried by an authorized general court. The establishment of legal regulations regarding gross human rights violations and the establishment of a human rights court is necessary because the applicable legal regulations, most of which are rules from the Dutch colonial era, such as the Criminal Code, do not regulate gross human rights violations as extraordinary crimes. but only regulates conventional crimes, such as murder as regulated in Article 338 of the Criminal Code, persecution as regulated in Article 351 of the Criminal Code. Kidnapping as regulated in Article 333 of the Criminal Code, rape as regulated in Article 285 of the Criminal Code, etc. So in this case, of course, there is a difference between the prosecution process in criminal law and the prosecution process in cases of gross human rights violations. In order to provide protection, certainty, justice and a feeling of security to individuals or the community, it is necessary to establish a Human Rights Court and the rule of law. In Indonesia, the existence of Law Number 39 of 1999 concerning Human Rights (UU HAM) and Law Number 26 of 2000 concerning the Human Rights Court (Law on the Human Rights Court) is expected to protect human rights, both individuals and communities and become the basis for enforcing , legal certainty, justice and a feeling of security for individuals and the community against serious human rights violations
Read moreUnited Nations, Wars And Human Rights Violations
The United Nations is a worldwide organization devoted to promote international peace and security, economic and social growth, and human rights. From its founding in 1945, the UN has been involved in a number of disputes and violations of human rights, both as a mediator and as an active participant. This research investigates the UN's role in preventing wars and human rights violations all around the globe. Moreover, the UN has taken part in peacekeeping initiatives around the world, notably in Somalia, the Democratic Republic of the Congo, and Bosnia and Herzegovina. These missions, which tried to re-establish security and stability in conflict-affected areas, have received praise in some instances but condemnation in others. This research paper examines how the United Nations responds to wars and breaches of human rights all across the world. It will specifically look at how the UN has intervened in numerous crises and peacekeeping operations, as well as how it has attempted to remedy human rights abuses by forging international laws and conventions. The essay will also look at instances where the UN's handling of conflicts and violations of human rights has come under fire and explore alternative avenues for the organization to increase its efficacy in advancing security, fairness, and human rights. The chapter on the United Nations, Wars, and Human Rights Violations has included several outlines that explore different aspects of the subject. First, an introduction of the book and its goals is presented, along with a short description of the United Nations and its efforts to date to address international conflicts and breaches of human rights. Second, The United Nations and Conflict Resolution Examines the UN's Authorization of Military Force and Peacekeeping Missions. The UN's abilities to avert violence, protect people, and promote stability during crises would be assessed. Third, The United Nations and Human Rights," and it looks at how the organization has responded to crises like the Rwandan genocide and the war in Yemen by enacting international treaties and conventions meant to defend human rights. The effectiveness of the United Nations in addressing human rights abuses, both in terms of preventing and reacting to mass crimes, would be evaluated. Forth, The UN's Response to Conflict and Human Rights Violations: A Critical Analysis is a chapter that examines the criticisms leveled against the United Nations for its response to conflicts and human rights violations, such as its inability to resolve ongoing conflicts and its inadequate response to genocide and other mass atrocities. The accountability procedures of the United Nations would be analysed to see how well they promote accountability and justice. Fifth, Case Studies Including the Rwandan genocide, the war in Syria, and the present situation in Myanmar, this chapter gives thorough case studies of various conflicts and human rights abuses in which the UN has been engaged. The UN's reaction to these crises and the lessons learnt from them would be the focus of this chapter. Sixth, "The Future of the UN," and it discusses the obstacles that the United Nations (UN) must overcome to fulfil its mission of promoting international peace, justice, and human rights. Addressing the causes of conflicts, promoting sustainable development, and forming partnerships with member states and other stakeholders are all possibilities that might increase the UN's efficiency in dealing with these issues. Seventh, Conclusion: An overview of the book's major arguments and conclusions, together with a discussion of their relevance to philosophy, policy, and practice. Every topic is structured in a way that provides a clear and concise overview of the topic, examines relevant research and literature, and offers insights and analysis into the key issues. The chapter would be intended for a broad audience, including students, scholars, policymakers, and anyone interested in the United Nations and its role in addressing global conflicts and human rights violations.
Read moreThe Universal Protection of Human Rights and Eastern Europe: Bosnia and Herzegovina
The effective protection of human rights is extremely important in countries in transition faced with the challenge of overcoming an authoritarian past rife with severe violations of basic human rights and freedoms. In post-war societies, where large-scale violations of human rights have resulted from armed conflicts, the effective protection of human rights is even more crucial. Therefore, it is not surprising that one of the primary goals of the General Framework Agreement for Peace in Bosnia and Herzegovina (the Dayton Peace Agreement) was to establish an adequate legal and institutional framework for the enforcement and protection of human rights in Bosnia and Herzegovina. The Constitution of Bosnia and Herzegovina provides for a special status to the European Convention on Human Rights and its protocols, which, pursuant to Article II.1 of the Constitution, shall have priority over all other laws. The Constitution also stipulates that the enjoyment of rights and freedoms provided for in the 15 human rights instruments listed in Annex 1 to the Constitution shall be guaranteed to all persons in Bosnia and Herzegovina without discrimination on any grounds. While the Constitution envisages the existence of several institutions responsible for guaranteeing respect for human rights, the possibility of BiH citizens to directly address the European Court of Human Rights as well as other bodies responsible for monitoring the implementation of appropriate human rights instruments, whose practice will be discussed within this paper, is of great importance. Although this type of protection is highly important, it is necessary to strive for the improvement of the national (BiH and entity) human rights protection system, through the continuous improvement of the legal framework and the functioning of institutions entrusted with the protection and enforcement of human rights. The paper also analyses the effects of the ratification of international instruments on human rights protection.
Read moreExploring Object-Centric and Scene-Centric CNN Features and Their Complementarity for Human Rights Violations Recognition in Images
Identifying potential abuses of human rights through imagery is a novel and challenging task in the field of computer vision, that will enable to expose human rights violations over large-scale data that may otherwise be impossible. While standard databases for object and scene categorisation contain hundreds of different classes, the largest available dataset of human rights violations contains only 4 classes. Here, we introduce the ‘Human Rights Archive Database’ (HRA), a verified-by-experts repository of 3050 human rights violations photographs, labelled with human rights semantic categories, comprising a list of the types of human rights abuses encountered at present. With the HRA dataset and a two-phase transfer learning scheme, we fine-tuned the state-of-the-art deep convolutional neural networks (CNNs) to provide human rights violations classification CNNs (HRA-CNNs). We also present extensive experiments refined to evaluate how well object-centric and scene-centric CNN features can be combined for the task of recognising human rights abuses. With this, we show that HRA database poses a challenge at a higher level for the well studied representation learning methods, and provide a benchmark in the task of human rights violations recognition in visual context. We expect this dataset can help to open up new horizons on creating systems able of recognising rich information about human rights violations.
Read moreDigital Evidence in Human Rights Violations and International Criminal Justice
The rapid development of the use of digital technologies has facilitated access to digital information and evidence. This information and digital evidence are obtained via the Internet, social media or satellite. And may be used to investigate violations of human rights and international criminal law. Therefore, there is a problem of rebalancing between the right to privacy and the use of information and digital evidence in the investigation of violations of human rights and international criminal law. This study has objective of unified universal principles that set out the origins and rules for the use of information and digital evidence in the investigation of violations of human rights and international criminal law. In order to ensure international and national justice and criminal accountability and to document all violations of human rights and international criminal law. The analytical approach will be used through analysis of previous studies on the use of digital information and evidence in the investigation of violations of human rights and international criminal law. And analysis of the Berkeley Protocol on Open-Source Digital Investigations. Several findings and recommendations were reached in this paper, the most important of which is the need for the international community to recognize the information and digital evidence obtained to demonstrate violations of human rights and international criminal law.
Read moreResponsibility to Prevent Human Rights Violation: To the Question on a New Intersectional Principle of Modern International Law
Recently the issues of prevention of human rights violations has been attracting the attention of the world community Comprehensive consideration of the basic parameters of the general international state obligations to prevent human rights violations by international human rights bodies, as well as inter-State discussions to develop the concept of the responsibility to prevent human rights violations indicate the formation of a new in contemporary international law principle: the principle of the responsibility to prevent human rights violations. The purpose of this article is to study the legal enshrining of the content and legal nature of the principle. In order to achieve the objective the article 1) identifies and analyses the main parameters of an international responsibility of a State to prevent violations of human rights and freedoms in the areas of international law such as international human rights law, international criminal law and international law of armed conflict; 2) through comparative-legal analysis of international treaties and the practice of international bodies justifies cross-sectoral nature of the emerging and universally recognized principle of international law; as well as 3) analyses the main controversial points held within international bodies discussions to develop the content of the concept of the responsibility to prevent violations of human rights and freedoms It is concluded that there is the need for codification of the rules on prevention of violations of human rights in contemporary international law, on the basis, inter alia, of generalization of the relevant international practice with sufficient uniformity for recognition of the emergence of a new intersectoral principle of contemporary international law: the principle of the responsibility to prevent human rights violations.
Read moreRegulatory arbitrage in relation to international human rights
The adoption of the United Nations (UN) Charter in 1945 marked the legalization of international human rights. Despite the legalized status of human rights, their violation by states is not uncommon. This article questions why a state might violate international human rights. Analyzing this issue from an economic perspective, this article advances regulatory arbitrage theory to rationalize a state’s violation of human rights. It discusses regulatory arbitrage-type behaviors among state actors that derogate from the obligations to respect, protect, and fulfill human rights. Defending state sovereignty, minimizing regulatory or compliance costs, and prioritizing economic achievement are identified as rational arbitrage actions that circumvent international human rights. We call for competent and credible governance mechanisms that can increase the cost of arbitrage, to disincentivize state violation of international human rights.
Read moreHuman Rights Violation
Human Rights Violation
Lze vynucovat některé mezinárodní závazky za použití síly?
This paper focused on the analysis of enforcement of state responsibility for breaches of some international obligations of an essential nature. These obligations relate to non-proliferation of weapons of mass destruction, the fight against international terrorism, and the protection of fundamental human rights. Ali such obligations are considered to be essential and relate to new security challenges; there are, however, certain differences among them when considering the structure of primary obligations and legal consequences of their breach. Treaties on disarmament and non-proliferation of weapons, by their nature, encompass obligations erga omnes partes which are interlinked. A breach by one state changes the position of the other State Parties (all-or-nothing obligations). Although classic legal responsibility consequences of unlawful conduct may, due to their erga omnes partes nature, apply only with limitations, the respective regimes established by the treaties rely on special control mechanisms. Erga omnes partes obligations of an integral nature apply primarily in the area of human rights. Such obligations were adopted to protect collective interests. Unlike obligations resulting from disarmament treaties, they represent a different type of obligation. A state may not stop observing human rights due to another state’s violation (i.e. not use symmetric countermeasures). Other parties to such an obligation may, on the other hand, require the responsible state to cease unlawful conduct. This mostly applies only within control mechanisms of a judicial or other nature established by treaties. Obligations arising out of responsibility can be of an erga omnes nature only in the case of violation of human rights obligations created by peremptory norms of general international law. Where multilateral treaties on terrorism are at issue, obligations have a partly bilateral, partly integral obligation character (resembling human rights treaties in this respect). Should a breach occur this gives rise primarily to responsibility of a state inter partes. However, the respective treaties do not provide for a special institutionalised control regime, and in this they differ from the two above-mentioned groups. The gap has recently been filled by resolutions of the UN Security Council establishing obligations erga omnes the breach of which may give rise to responsibility under general international law of a similar nature. Enforcement of obligations relating to the prohibition and non-proliferation of WMD and the fight against terrorism does not require new individual coercive means. First, states may use countermeasures without the use of farce. Second, collective coercive measures may be sometimes used instead of individual means upon the recommendation or decision of a body of the respective international organisation. Third, the use of farce may serve as an extreme means of coercion if it has been so decided by the UN Security Council according to Chapter VII of the Charter. Fourth, should a serious and imminent threat occur states may not be deprived of the right to individua] or collective self-defence. The situation seems to be much more complicated in the case of extremely serious violations of erga omnes obligations to protect human rights. However, individual or collective countermeasures free from force may not be excluded although their efficiency is usually disputable. The Security Council has proven that such cases can be designated as a threat to peace under Chapter VII of the Charter. Its permission is required for states to intervene using force. However, the right to self-defence may not be invoked due to the substance of the issue. If force were used for humanitarian reasons to stop genocide or mass violation of basic human rights, or to enforce responsibility erga omnes, the existing international law does not permit the use of individua) armed countermeasures. Considering the issue from the point of view of international legal rules de lege lata, humanitarian intervention cannot yet be regarded as legal no matter what criteria for its legitimacy may exist. Instead, it is necessary to seek a strengthening of collective coercive mechanisms. Therefore the latest proposals of institutional reform of the UN, which result, among other things, from a newly defined responsibility to protect, could be very important.
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