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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.



Hayat Bearat. 2014. “Violence Against Women Middle East and North Africa”. See full text.Abstract

Hayat Bearat discusses violence against women in the Middle East and North Africa through legal framework. 

Many women in MENA states fear reporting violence because of the repercussions they may face from their families, communities and legal system upon doing so. An example is in the United Arab Emirates (UAE), women who report rape can be threatened with criminal charges instead.20 In Libya,inadequate laws and services, coupled with Libya’s conservative society deter women from reporting rapes or domestic violence as they fear stigma and additional dangers from reporting the crimes.



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.



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.



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’. 



Mathias Risse. 2014. “The Human Right to Water and Common Ownership of the Earth.” Journal of Political Philosophy, Pp. 178-203. See full text.Abstract

According to the World Health Organization (WHO), each human being requires at least 20 liters of clean water for daily consumption and basic hygiene.2 However, many countries in Latin America, Africa, Asia and the Middle East lack sufficient water resources or have so far failed to develop these resources or the necessary infrastructure.

Thousands have lived without love, not one without water,” so W. H. Auden finished his poem “First Things First." And right he was. Only oxygen is needed more urgently than water at most times. But a key difference that makes water a more immediate subject for theorists of justice is that, for now, oxygen is normally amply available where humans live. Historically, the same was true of water since humans would not settle in places without clean water. Nowadays, however, water treatment plants and delivery infrastructure have vastly extended the regions where humans can live permanently. Population increases have prompted people to settle in locations where access to clean water is precarious.



Mathias Risse. 2014. “Three Images of Trade: On the Place of Trade in a Theory of Global Justice.” Moral Philosophy and Politics, 1, 2. See full text.Abstract

Economic theory teaches us that it is in every country’s own best interest to engage in trade.

 

Trade therefore is a voluntary activity among consenting parties. On this view, considerations of justice have little bearing on trade, and political philosophers concerned with matters of global justice should stay largely silent on trade. According to a very different view that has recently gained some prominence, international trade can only occur before the background of an existing international market reliance practice that is shaped by states. On this view, trade is a shared activity among states, and all participating states have in principle equal claims to the gains from trade. Trade then becomes a central topic for political philosophers concerned with global justice. The authors find fault with both of those views and argue instead for a third view about the role of a trade in a theory of global justice. That view gives pride of place to a (non- Marxian) notion of exploitation, which is developed here in some detail.



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.



Sharmila Murthy. 2014. “In India, Dying to Go: Why Access to Toilets is a Women’s Rights Issue.” WBUR Cognoscenti. See full text.Abstract

Access to clean, safe and private toilets is a women’s issue.

 

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.



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. 

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