The mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla, resulted in the deaths of 17 people.
Tragically, from January 1 to March 21, 2018, there were 3,088 gun-related deaths and 5,355 gun-related injuries in the United States. Gun violence is a public health problem. But it’s also a human rights problem. It is time to turn to international human rights and moral and social norms, which ground obligations for individuals and business organizations to limit gun ownership.
Human rights are entitlements that all people have by virtue of their humanity. Gun violence puts a number of human rights at risk. Most obviously, it threatens Article 6 of the United Nation’s International Covenant on Civil and Political Rights: “Every human being has the inherent right to life.” Studies show that the mere presence of guns increases the probability of crime, suicide, and accidents.
Ethics asks us to promote the good and to prevent harm to others, especially when we can do so with little inconvenience to ourselves. Individuals are not alone in having moral responsibilities. In the eyes of the law, corporations are persons; they also have moral responsibilities. Businesses that manufacture guns have a moral responsibility to ensure that their products are not used in acts of violence. Businesses are also subject to the far more demanding obligations of international human rights.
In this article, I describe how armed groups use one type of atrocity, wartime rape, to create social bonds between fighters through a process of combatant socialization. As a form of stigmatizing, public, and sexualized violence, gang rape is an effective method to communicate norms of masculinity, virility, brutality, and loyalty between fighters. Drawing on literature about socialization processes, I derive a set of hypotheses about individual-level factors that may influence vulnerability to violent socialization, including age, previous socialization experiences, and physical security. I analyze the support for these hypotheses using newly available survey data from former fighters in the Democratic Republic of the Congo. The results show the broad applicability of considering group violence as a form of social control within armed groups, suggest some of the limits of violent socialization, and have implications for both theory and policy.
Siddharth Kara is a tireless chronicler of the human cost of slavery around the world. He has documented the dark realities of modern slavery in order to reveal the degrading and dehumanizing systems that strip people of their dignity for the sake of profit—and to link the suffering of the enslaved to the day-to-day lives of consumers in the West. In Modern Slavery, Kara draws on his many years of expertise to demonstrate the astonishing scope of slavery and offer a concrete path toward its abolition.
From labor trafficking in the U.S. agricultural sector to sex trafficking in Nigeria to debt bondage in the Southeast Asian construction sector to forced labor in the Thai seafood industry, Kara depicts the myriad faces and forms of slavery, providing a comprehensive grounding in the realities of modern-day servitude. Drawing on sixteen years of field research in more than fifty countries around the globe—including revelatory interviews with both the enslaved and their oppressors—Kara sets out the key manifestations of modern slavery and how it is embedded in global supply chains. Slavery offers immense profits at minimal risk through the exploitation of vulnerable subclasses whose brutalization is tacitly accepted by the current global economic order. Kara has developed a business and economic analysis of slavery based on metrics and data that attest to the enormous scale and functioning of these systems of exploitation. Beyond this data-driven approach, Modern Slavery unflinchingly portrays the torments endured by the powerless. This searing exposé documents one of humanity’s greatest wrongs and lays out the framework for a comprehensive plan to eradicate it.
On September 21, the United Nations Security Council (UNSC) unanimously passed resolution 2379 to pursue accountability for atrocity crimes perpetrated in Iraq by the Islamic State (also called ISIS, ISIL or Da’esh). The resolution, in paragraph 2, requests the UN Secretary-General "To establish an Investigative Team, headed by a Special Adviser, to support domestic efforts to hold ISIL (Da’esh) accountable by collecting, preserving, and storing evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide committed by the terrorist group ISIL (Da’esh) in Iraq . . . to ensure the broadest possible use before national courts, and complementing investigations being carried out by the Iraqi authorities, or investigations carried out by authorities in third countries at their request."
The desirability of such an investigative team is well understood. ISIS has perpetrated widespread and systematic murder, kidnapping, sexual violence (including forced marriage and sexual slavery), and destruction of cultural heritage. The creation of this investigative team is thus a welcome, even if belated, development. However, this initiative prompts questions about the body’s scope, use of evidence, comparison to Syria, and precedential value.
Kaufman, Zachary D., New UN Team Investigating ISIS Atrocities Raises Questions About Justice in Iraq and Beyond (September 28, 2017). Just Security, September 28, 2017. Available at SSRN: https://ssrn.com/abstract=3044527
Atrocity crimes rage today in Iraq, Syria, Myanmar, Burundi, and Yemen. Given their potential to establish facts and promote accountability, recently opened United Nations investigations of international law violations in each of these states are thus a welcome, even if belated, development. However, these initiatives prompt questions about their designs, both in isolation and relative to each other.
This article describes the investigations into alleged violations in these five states, examines their respective sponsors and scopes, and presents a wide range of questions about the investigations and their implications, including their coordination with each other and their use of evidence in domestic, foreign, hybrid, and international courts (such as the International Criminal Court). The article concludes that, while seeking accountability for international law violations is certainly laudatory, these particular investigations raise significant questions about achieving that goal amidst rampant human rights abuses in these five states and beyond. International lawyers, atrocity crime survivors, and other observers thus await answers before assessing whether these investigations will truly promote justice.
The president asked SecDef and Congress to ensure that detention policies support warfighting aims. That should mean shutting Gitmo down.
Will President Trump close the prison camp at Guantanamo Bay?
This question may sound preposterous. After all, President Obama, who called the prison a threat to national security and American ideals, actually tried to close it. President Trump, by contrast, is on record as vehemently favoring not only its continuation but its expansion. On Jan. 30 he reaffirmed that commitment both in his State of the Union address and in an executive order revoking President Obama’s order commanding its closure.
Why, then, even raise the prospect of closing Guantanamo during this administration? The answer lies in two related actions recently taken by the president: his command to Defense Secretary Jim Mattis to “reexamine our military detention policy” and report back to him within 90 days and his request to Congress to ensure that “we continue to have all necessary power to detain terrorists.” The two actions in conjunction represent an unexpected open-mindedness on the part of the president with respect to detention policy. By seeking a broad-focus, “blank-sheet-of-paper” review, asking Mattis to take charge, and inviting Congress to join with them, President Trump acted prudently and, dare I say it, wisely.
Today we stand at a precipice. A critical fight for fundamental human rights is brewing, and our work to find policy solutions to the most pressing human rights issues has never been more urgent. These issues include economic justice; human security; equality and discrimination; and institutions of global governance and civil society. We leverage research, practice, leadership and communications and technology to enhance global justice and to address all four of these priority issues.
2016 saw a number of important victories for the Carr Center for Human Rights Policy, engaging our outstanding faculty members, fellows and students. We hosted a two-day symposium on the future of human rights and technology, convening a diverse group of practitioners working on these issues. And we organized a conference exploring the strategic costs and consequences of the use of torture.
2017 presents new challenges, but also new opportunities to engage and collaborate to ensure respect for our most fundamental rights and freedoms. We will continue to work tirelessly, as we have for the past 15 years, to enhance global justice – and we hope that you will join us in this critically important work.