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John Ruggie. 10/13/2015. “Adding Human Rights Punch to the New Lex Mercatoria: The Impact of the UN Guiding Principles on Business and Human Rights on Commercial Legal Practice.” Journal of International Dispute Settlement, 6, 3, Pp. 455–461. See full text.Abstract

Adding Human Rights Punch to the New Lex Mercatoria: The Impact of the UN Guiding Principles on Business and Human Rights on Commercial Legal Practice:

 

In July 2015, the Fédération Internationale de Football Association, otherwise known as FIFA, announced that as a prominent part of its new reforms, it will ‘recognise the provisions of the UN Guiding Principles on Business and Human Rights (‘GPs’)¹ and will make it compulsory for both contractual partners and those within the supply chain to comply with these provisions’.



Dara Kay Cohen. 8/2/2015. “​​​​​​​Do States Delegate Shameful Violence to Militias? Patterns of Sexual Violence in Recent Armed Conflicts.” The Journal of Conflict Resolution, 59, 5, Pp. 877-898. See full text.Abstract

Do States Delegate Shameful Violence to Militias? Patterns of Sexual Violence in Recent Armed Conflicts:

 

Existing research maintains that governments delegate extreme, gratuitous, or excessively brutal violence to militias. However, analyzing all militias in armed conflicts from 1989 to 2009, we find that this argument does not account for the observed patterns of sexual violence, a form of violence that should be especially likely to be delegated by governments. Instead, we find that states commit sexual violence as a complement to—rather than a substitute for—violence perpetrated by militias. Rather than the logic of delegation, we argue that two characteristics of militia groups increase the probability of perpetrating sexual violence. First, we find that militias that have recruited children are associated with higher levels of sexual violence. This lends support to a socialization hypothesis, in which sexual violence may be used as a tool for building group cohesion. Second, we find that militias that were trained by states are associated with higher levels of sexual violence, which provides evidence for sexual violence as a “practice” of armed groups. These two complementary results suggest that militia-perpetrated sexual violence follows a different logic and is neither the result of delegation nor, perhaps, indiscipline.



Federica D’Alessandra. 3/2015. “Jus ad bellum in Syria: The Meaning of the US Airpower Campaign.” International Bar Association: Human Rights Law Newsletter, Pp. 37-41. See full text.Abstract

Jus ad bellum in Syria: The Meaning of the US Airpower Campaign:

 

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.



Michael Semple. 1/5/2015. Rhetoric, Ideology, and Organizational Structure of the Taliban Movement. Peaceworks. 102nd ed. Washington DC: United States Institute of Peace. See full text.Abstract

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.



Mathias Risse. 12/12/2014. “Response to Arneson, de Bres, and Stilz.” Ethics & International Affairs, 28, 4, Pp. 511-522. See full text.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 such would 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.



Siddharth Kara. 6/13/2014. “A trafficked sex slave could be sold off as a virgin for $7000..a child slave for $20.” The Guardian. See full videoAbstract

A trafficked sex slave could be sold off as a virgin for $7000...a child slave for $20.

 

Siddharth Kara, Harvard University fellow and author of three books on modern-day slavery, talks about the profits and losses of slavery and what he has learned from 12 years of research into trafficking, across six continents.

Watch the video here. 



Siddharth Kara. 5/6/2014. Bonded Labor: Tackling the System of Slavery in South Asia, Pp. 336. New York: Columbia University Press. See full text.Abstract

This volume is Kara's second, explosive study of slavery, this time focusing on the deeply entrenched and wholly unjust system of bonded labor.

 

Siddharth Kara's first book, Sex Trafficking , has become a critical resource for its revelations into an unconscionable business, and its detailed analysis of the trade's immense economic benefits and human cost.

In his second volume, drawing on eleven years of research in India, Nepal, Bangladesh, and Pakistan, Kara delves into an ancient and ever-evolving mode of slavery that ensnares roughly six out of every ten slaves in the world and generates profits that exceeded $17.6 billion in 2011. In addition to providing a thorough economic, historical, and legal overview of bonded labor, Kara travels to the far reaches of South Asia, from cyclone-wracked southwestern Bangladesh to the Thar desert on the India-Pakistan border, to uncover the brutish realities of such industries as hand-woven-carpet making, tea and rice farming, construction, brick manufacture, and frozen-shrimp production. He describes the violent enslavement of millions of impoverished men, women, and children who toil in the production of numerous products at minimal cost to the global market. He also follows supply chains directly to Western consumers, vividly connecting regional bonded labor practices to the appetites of the world. Kara's pioneering analysis encompasses human trafficking, child labor, and global security, and he concludes with specific initiatives to eliminate the system of bonded labor from South Asia once and for all.



Federica D’Alessandra. 2014. “Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality.” Utrecht Journal of International and European Law. See full text.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.



Federica D’Alessandra. 2014. “Psychological Consequences of Becoming a Child Soldier”. See full text.Abstract

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. 2014. “Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.”. See full text.Abstract

dalessandra_israelsaltlegality_utrecht.pdf

This working paper focuses on the legal protection awarded to the Arab populations under Israeli jurisdiction.

 

In analyzing their legal protection, the author distinguishes between Arab Israelis and other Arab populations resident in territories under Israeli jurisdiction. The author does not deal with Israeli settlements or other discriminating laws such as marriage laws and the family reunification laws, but focuses on anti-terrorism measures. The working paper is divided in three parts: in the first part, the author discusses Israel’s domestic obligations towards Arab Israelis and Palestinian residents, and their de facto discrimination. The second part discusses the applicability of the Fourth Geneva Convention to both the Occupied Palestinian Territories and Palestinian unlawful combatants. The third part discusses the applicability of human rights law to all territories under Israeli jurisdiction, and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The working paper concludes that many Israeli anti-terrorism measures (such as check-points, night searches of Palestinian households, administrative detentions and targeted executions of Palestinian militants) violate individuals’ rights protected under domestic and international law. Moreover, this working paper finds that Israel’s rationale underpinning the non-applicability of such legislation to the Arab populations under its jurisdiction constitutes a form of ‘alternative legality’ and discrimination.

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