Human Security

Federica D’Alessandra. 2014. “Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality.” Utrecht Journal of International and European Law. Publisher's Version Abstract

In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control. To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents) and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.

Mathias Risse. 2014. “"Response to Arneson, de Bres, and Stilz".” Ethics & International Affairs, 4, 28: 511-522. Publisher's Version Abstract

Common humanity is one ground of justice. The distinctively human life generates claims, and their form is that of natural rights. However, explorations of how the distinctively human life generates obligations lead only to a rather limited set of rights—basic security and subsistence rights. Inquiries into another nonrelational ground also produce rather limited results. That ground is humanity's collective ownership of the earth. The principle of justice associated with it merely requires an equal opportunity to use natural spaces and resources for the satisfaction of basic needs. In particular, this result is incompatible with any kind of welfarist commitment. The sheer fact that anybody's welfare as suchwould be lowered or raised is not a matter of justice. If people share associations with each other (membership in a state, or being connected by trade, say) we can derive obligations from their shared involvement with these associations. But unless people do indeed share such associations, the obligations that hold among them will be rather limited.

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman, J.D., Ph.D., explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Dr. Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the “legalist” paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Dr. Kaufman develops an alternative theory—“prudentialism”—which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Dr. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994  genocide against the Tutsi in Rwanda. Dr. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials’ normative beliefs. Dr. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

As the civilian population is increasingly targeted in wars, children constitute an increasing quota among the victims of each conflict. More often than not, the horrific practice of targeting civilians during conflict is seconded by the deplorable active use of child soldiers. In some countries, a whole generation of children seems to have grown up without knowing peace. A lot has been written about war-affected people, and the psychological consequences that they bear as a result of these traumatic experiences; yet, a literature that focuses specifically on the psychological burden of child soldiers is only now slowly emerging. While it might be intuitive that war and widespread violence leave deep psychological scars, it is essential to understand what shape these scars take on children. The relevance of the topic is striking at both a humanitarian and a developmental level as ‘lost education can take years to regain, and physical and psychological trauma may be long lasting’. 

Federica D’Alessandra. 2015. “Jus ad bellum in Syria: The Meaning of the US Airpower Campaign.” International Bar Association: Human Rights Law Newsletter, 37-41. Abstract

Operation Inherent Resolve is the name of the air campaign carried out by a Combined Joint Task Force of US-led coalition forces against the Islamic State of Iraq and the Levant, also known as ISIS/ISIL/Daesh.1 Repeatedly, the campaign has been engaged to ‘degrade and ultimately destroy’ Daesh. The group is a terrorist-designated organisation3responsible for war crimes and crimes against humanity – arguably even genocide (against the Yazidis minority of Iraq) – underthe Rome Statute. The group is at war with more than 60 nations or groups: coalition nations conducting airstrikes in Iraq includeAustralia, Belgium, Canada, Denmark, France, the Netherlands, the United Kingdom and the United States; coalition nations conducting airstrikes in Syria include Bahrain, Jordan, Saudi Arabia, the United Arab Emirates and the United States.

Child Migration and Human Rights in a Global Age (Human Rights and Crimes against Humanity)

Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children–one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children’s human rights.

In May, two young women in rural India left their modest homes in the middle of the night to relieve themselves outside. Like millions in India, their homes had no bathrooms. The next morning, their bodies were found hanging from a mango tree. They had been attacked, gang-raped and strung up by their own scarves. Eighteen months after a gang-rape on a Delhi bus, this incident and others since have galvanized nationwide protests to end violence against women and highlighted caste-related discrimination. The tragic story also underscores the need to talk about another taboo topic: open defecation.

This report examines the evolution of the Taliban case for armed struggle and the minimal adjustments Taliban rhetoricians made to cope with the impending political change in Afghanistan in 2014. It considers how the Taliban might make a case for peace, should they take the political decision to engage in negotiations. 

The Taliban movement commands the loyalty of thousands of Afghans and applies resources and men to the pursuit of political objectives, guided by doctrine and inspired by rhetoric. Taliban rhetoric consists of religious and historical references, narratives of recent events, and guidance for Taliban sympathizers. The rhetoric asserts that the Taliban are engaged in a righteous jihad aimed at establishing a divinely ordered Islamic system in Afghanistan. Taliban doctrine focuses on internal affairs and in particular on maintaining cohesiveness. The Taliban are ruthless in enforcing their doctrine of obedience to the amir, or leader. The movement has retained a narrow social base, and its power is concentrated in the hands of mullahs from the Kandahari Pashtun tribes. Any project to build a plural Afghanistan is likely to include an appeal to the Taliban or the constituency they have mobilized. The Taliban’s own attempts to regain power rest on a negation of pluralism, rejection of a popular mandate, and assertion of the divine right vested in their Islamic emirate. A Taliban rhetoric of peace would require addressing the position of the Taliban’s amir, peace as a desirable state, the need for cohesiveness and unity in support of peace, celebration of the withdrawal of foreign troops, Islamic credentials of the government in Kabul, protection of those who sacrificed for the Taliban, peace as conclusion of the jihad, and the new role for the Taliban’s cadres. After 2014, the Taliban leadership is vulnerable to a hard-line challenge arguing that the political system in Kabul is irredeemably compromised by its collaboration with unbelievers.

Alfredo Zamudio

Alfredo Zamudio

Alfredo Zamudio is the Director of the Nansen Center for Peace and Dialogue, based in Norway. Previously, he was the Director of the Internal Displacement Monitoring Centre, the leading international body monitoring internal displacement worldwide. Zamudio has been working on human rights and humanitarian issues at a management level both nationally in Norway and internationally. Zamudio has worked for the Norwegian Refugee Council as country director in Timor Leste, in Darfur and Sudan and in Colombia, where he was international expert for the UN High Commissioner for Refugees.

Ezgi Yildiz

Ezgi Yildiz

Fellow

Ezgi Yildiz is a Postdoctoral Fellow at the Carr Center, where she is affiliated with the Costs and Consequences of Torture Project. She holds a PhD in International Relations with a Minor in International Law (summa cum laude with distinction) from the Graduate Institute of International and Development Studies in Geneva, Switzerland. She conducts interdisciplinary research on international relations and international law, and specializes in international courts and human rights with a focus on the European Court of Human Rights, and the prohibition of torture and inhuman or degrading treatment. Her research has been funded by the Swiss National Science Foundation’s Doc CH and Early Postdoc Mobility grants.

BS

William F. "Bill" Schulz

Senior Fellow

Bill Schulz was the Executive Director of Amnesty International USA, the U.S. division of Amnesty International, from March 1994 to 2006. He was a Senior Fellow at the Center for American Progress and an Adjunct Professor of International Relations at The New School. Schulz was the recipient of the 2000 Humanist of the Year award from the American Humanist Association. Since 2010, Schulz has served as the president and CEO of the Unitarian Universalist Service Committee.

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