A moral compass for the use of limited force that draws on the just war thought of Thomas Aquinas One of the most contentious developments in contemporary international relations has been the increased use of limited force. On the one hand, insofar as it signals greater constraint, the shift away from the mechanized slaughter of large-scale warfare toward more calibrated applications of force may be hailed as a step in the right direction. On the other, because uses of limited force appear more compartmentalized and therefore containable, it may encourage states’ more frequent recourse to arms. How, then, are we to make moral sense of this shift toward the small-scale use of force? When are these operations morally justifiable? Limited Force and the Fight for the Just War Tradition offers a moral compass for just war theorists and extends the limited scholarship on jus ad vim (the just use of limited force). Based on a historical approach to just war and case studies, this book provides practical arguments on the question of how the practice of targeted killing and punitive airstrikes should be regulated in order to be morally defensible. Drawing from a historical reading of the just war thought of Thomas Aquinas, Braun demonstrates how classical just war thinking not only helps us grapple with the moral questions of limited force but can also make an important third-way contribution to a field of study that has been engaged in a metaphorical fight about the just war tradition.

Apartheid and its resistance come to life in this memoir making it a vital historical document of its time and for our own. In 1969, while a student in South Africa, John Schlapobersky was arrested for opposing apartheid and tortured, detained and eventually deported. Interrogated through sleep deprivation, he later wrote secretly in solitary confinement about the struggle for survival. Those writings inform this exquisitely written book in which the author reflects on the singing of the condemned prisoners, the poetry, songs and texts that saw him through his ordeal, and its impact. This sense of hope through which he transformed his life guides his continuing work as a psychotherapist and his focus on the rehabilitation of others. "[T]hetale of an ordinary young man swept one day from his life into hell, testimony to the wickedness a political system let loose in its agents and, above all, an intimate account of how a man became a healer."-Jonny Steinberg, Oxford University From the introduction: I was supposed to be a man by the time I turned 21, by anyone's reckoning. By the apartheid regime's reckoning, I was also old enough to be tortured. Looking back, I can recognize the boy I was. The eldest of my grandchildren is now approaching this age, and I would never want to see her or the others - or indeed anyone else - having to face any such ordeal. At the time my home was in Johannesburg, only some thirty miles from Pretoria, where I was thrown into a world that few would believe existed, populated by creatures from the darkest places, creatures of the night, some in uniform. I was there for fifty-five days, and never went home again.

This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the ‘human rights defender’ term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk.

The idea of security has recently seen a surge of interest from political philosophers. After the atrocities of 11 September 2001 and 7 July 2005, many leading politicians justified encroachments on international legal standards and civil liberties in the name of security and with a view to protecting the rights of the people. Suggestions were made on both sides of the Atlantic to the effect that the extremism of terrorism required the security of the many to be weighed against the liberties of other citizens. In this collection of essays, Jeremy Waldron, Conor Gearty, Tariq Modood, David Novak, Abdelwahab El-Affendi and others debate how to move beyond the false dichotomy whereby fundamental human rights and international standards are conceived as something to be balanced against security. They also examine the claim that this aim might better be advanced by the inclusion in public debate of explicitly religious voices.

This book examines how and why liberalism and human rights have proven insufficient to protect immigrants. Contemporary immigration systems are characterized by increasing complexity and expanding enforcement, and frequently criticized for violating human rights and for causing death, exclusion and exploitation. The 'migrant crisis' can also be understood as a crisis of hospitality for liberal democracies. Through analysis of the immigration histories and political dynamics of Britain and the US, the book explains how these two archetypal liberal states have both sought to create a hostile environment for unwanted immigrants. The book provides a fresh and original perspective on the development of immigration systems, showing how they have become subject to the politics of fear and greed, and revealing how different traditions of hospitality have evolved, survived, and renewed.

In a departure from the mainstream methodology of a positivist-oriented jurisprudence, Collective Rights provides the first legal-theoretical treatment of this area. It advances a normative-moral standpoint of 'value collectivism' which goes against the traditional political philosophy of liberalism and the dominant ideas of liberal multiculturalism. Moreover, it places a theoretical account of collective rights within the larger debate between proponents of different rights theories. By exploring why 'collective rights' should be differentiated from similar legal concepts, the relationship between collective and individual rights and why groups should be recognised as the third distinctive type of right-holders, it presents the topic as connected to the larger philosophical debate about international law of human rights, most notably to the problem of universality of rights.

This book focuses on transnationalism as a key concept to evaluate how Europe experiences, perceives and responds to current cross-border security challenges from a legal and political perspective. The chapters in this volume specifically provide state-of-the-art accounts on several legal and political developments that have recently taken place in relation to transnational issues, such as terrorism, irregular migration and human rights violations. It specifically discusses how Europe experiences, perceives and responds to security challenges with the expectation to identify those facets of transnationalism that would ‘equally’ concern political scientists and legal scholars, especially those working on subjects pertaining to the EU governance. Through a timely analysis of the specificities of these cases, the book contributes to a much wider debate on whether and to what extent the changes and practices identified are still in accordance with cornerstones of the EU governance project, such as fundamental freedoms, democracy and the rule of law. Overall, the book provides a fresh reading on the current status of security across Europe and the way it is understood and practiced from a multidisciplinary perspective With a revised introduction and a new conclusion, this edited volume this is the ideal companion for students, researchers and practitioners interested in law, public policy and administration, and security. This book was originally published in the Journal of Contemporary European Studies.

In this edited volume, leading experts of human rights measurement address the challenges scholarship of human rights face as well as explore approaches and means to overcoming them. The book seeks to further answer three specific and related questions. First, what do existing measures of human rights conditions tell us about the state of human rights? Are conditions improving or deteriorating? Second, how might scholars improve their measurement efforts and observe states' human rights practices given efforts by governments to hide human rights abuses and to make them essentially "unobservable"? Finally, what challenges might scholars encounter in the future as the conceptualization of human rights develops and changes, and as new methods and technologies (e.g., natural language processing, machine learning) are introduced into the study of human rights? This book will be of interest to students and scholars of human rights politics, power, development, and governance. The chapters in this book were originally published as a special issue of Journal of Human Rights.

Focusing on children's citizenship, participation and rights, this edited collection draws on the work of a number of leading scholars in the sociology of childhood. The contributors explore a range of themes including: tensions between pragmatism and grand theory; revisiting agency/structure debates in the light of children; the challenging of binary thought prevalent in studies around 'generations' and other aspects of sociology; the manifestation of power in time and space; the application of theories into the 'real' world through NGOs, practitioners, policy makers, politicians and empirical research. The collection will be of interest to students and scholars across a range of disciplines including childhood studies, sociology, politics and social policy, as well as policy makers and practitioners interested in the citizenship, rights and participation of children.

The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.

This is a groundbreaking application of contemporary philosophy to human rights law that proposes several significant innovations for the progressive development of human rights. Drawing on the works of prominent philosophers of the Other including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler, and most centrally the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this ethics should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. Such law would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency, and responsibility. This approach differs markedly from more conventional theories of human rights that prioritize the autonomy of the ego, state sovereignty, democracy, and/or equality.

As people of diverse origins seek their rights as citizens in the great American melting pot, the differences between us are sometimes celebrated but more often cursed. White Americans, too often forgetful of their own immigrant backgrounds, question whether initiatives like affirmative action that extend privileges to minorities violate the principle of equal treatment under the law.

In this provocative book, David Ingram brings a variety of current social dilemmas together in a mutually illuminating way. He examines the concept of legal equality in a multiracial society by considering issues such as self-governance for Native Americans, the rights of immigrants, affirmative action, racial redistricting, and multicultural curricular reform. He also tackles the problem of social injustice in a global setting by assessing the negative impact of free trade policies on the rights of groups to subsistence, self-determination, and cultural integrity.

Ingram steeps his presentation in theoretical discussions that investigate group versus individual rights, oppressed groups and social injustice, and the legitimacy of racial and cultural distinctions. He explores the legal treatment of difference to show how democratic institutions unintentionally perpetuate racial inequality and to determine how those institutions might be better structured to protect minorities.

Taking in a broad sweep of economics, politics, and anthropology, Ingram examines social ideals in the light of historical facts in order to lend a concrete perspective to possibilities for reform. He makes a persuasive case for redressing wrongs of the past in a way that adheres to the principle of legal equality-arguing that initiatives like affirmative active are not reverse discrimination but satisfy the constitutional guarantee of equal protection-and he suggests that libertarians need to acknowledge duties as much as they do rights.

"Group Rights" is a new primer on the meaning of American citizenship. It makes a vital contribution to critical social theory, bringing complex philosophical concepts into sharp focus and elaborating the histories by which moral and political principles are interpreted. A challenging sourcebook for students and concerned citizens, it clarifies these important issues and points the way toward a political reconciliation between equality and difference in the new global society.

This progressive volume furthers the interreligious, international and interdisciplinary understanding of the role of religion in the area of human rights. Building bridges between the often-separated spheres of academics, policy makers and practitioners, it draws on the expertise of its authors alongside historical and contemporary examples of how religion's role in human rights manifests. At the core of the book are four case studies, dealing with Hinduism, Judaism, Christianity and Islam. Authors from each religion show the positive potential that their faith and its respective traditions has for the promotion of human rights, whilst also addressing why and how it stands in the way of fulfilling this potential. Addressed to policy makers, academics and practitioners worldwide, this engaging and accessible volume provides pragmatic studies on how religious and secular actors can cooperate and contribute to policies that improve global human rights.

This progressive volume furthers the interreligious, international and interdisciplinary understanding of the role of religion in the area of human rights. Building bridges between the often-separated spheres of academics, policy makers and practitioners, it draws on the expertise of its authors alongside historical and contemporary examples of how religion's role in human rights manifests. At the core of the book are four case studies, dealing with Hinduism, Judaism, Christianity and Islam. Authors from each religion show the positive potential that their faith and its respective traditions has for the promotion of human rights, whilst also addressing why and how it stands in the way of fulfilling this potential. Addressed to policy makers, academics and practitioners worldwide, this engaging and accessible volume provides pragmatic studies on how religious and secular actors can cooperate and contribute to policies that improve global human rights.

This book discusses a broadly understood phenomenon of protest from several perspectives, including historical, cultural, social, political, environmental and semiotic. Through their analyses, the authors undertake to envision the possible evolution of the forms of contestation in the further decades of the 21st century, taking into account the specificity of the globalization processes. A multi-dimensional approach offered in this volume makes it possible to capture and identify new features of contemporary contestation and those that seem unchanged despite the passage of time and altering audiences. Examples from Europe (France, Great Britain, Italy, Ireland, Malta, Bulgaria, Poland, Belarus, Russia), America (USA, Mexico, Chile) and Far East (Hong Kong & China) are relevant case studies that show the faces of contestation, while reaching for new or modified rhetoric, symbolism, communication channels and the so-called modus operandi of protest initiators, active and passive participants, short- and long-distant observers. The book can be of value to a wide audience, particularly to the researchers studying contestation, social resistance, individual and collective disobedience, crisis management, and cultural/social dynamic of protests. It will also be of interested to experts and individuals from outside the academia like civil activists, practitioners and NGOs compelled by contemporary processes (tensions) occurring between the state, power, society and individuals.

This assessment of progress in Southeast Asia on human rights begins in the wake of the 'Asian values' debate and culminates in the formal regional institutionalisation of the ASEAN Intergovernmental Commission on Human Rights (AICHR). Chapters examine the arduous negotiation of AICHR, the evolving relationship between ASEAN states' and the international human rights system, and the historical and experiential reasons for hesitancy. The text concludes with a discussion of how the evolving right to development impacts upon AICHR and international human rights in general, and how their preference for economic, social and development rights could help ASEAN states shape the debate.

This book analyzes three major issues related to refugees: repatriation and its accompanying concerns - peace and security. Since the late 1980s, repatriation has been considered the most appropriate solution for refugees. This applies if the home country is peaceful, but often repatriation takes places in conflict situations, which can lead to national and human insecurity problems. Rwanda is one of the countries where the question of repatriation has become highly controversial since the 1990s. The United Nations maintains that Rwanda has changed significantly since the 1994 genocide, and today enjoys an essential level of peace and security. This explains why the UN has promoted repatriation and recommended the cessation of Rwandan refugee status, yet the vast majority of refugees have refused to return to the country. Providing insights from researchers, former UN staff members, journalists, and, most importantly, former Rwandan refugees themselves into both the theory and practice of refugees' repatriation as well as the security and peace issues, this book appeals to postgraduate students, academics, policymakers, and practitioners working for international organizations and NGOs.

Two of the most pressing questions facing international historians today are how and why the Cold War ended. Human Rights Activism and the End of the Cold War explores how, in the aftermath of the signing of the Helsinki Final Act in 1975, a transnational network of activists committed to human rights in the Soviet Union and Eastern Europe made the topic a central element in East-West diplomacy. As a result, human rights eventually became an important element of Cold War diplomacy and a central component of detente. Sarah B. Snyder demonstrates how this network influenced both Western and Eastern governments to pursue policies that fostered the rise of organized dissent in Eastern Europe, freedom of movement for East Germans and improved human rights practices in the Soviet Union - all factors in the end of the Cold War.

This book presents an in-depth analysis of how UN Human Rights institutions and mechanisms have addressed environmental protection, sustainable development and climate change. Despite the increasing involvement of UN human rights bodies in addressing environmental degradation and climate change, a systematic review of the convergence between human rights and the environment in these bodies has not been carried out. Filing this lacuna, this book surveys the resolutions, general comments, concluding observations, decisions on individual communications and press releases. It identifies principles that have emerged, explores the ways in which human rights Charter-based and treaty-based institutions are interpreting environmental principles and examines how they contribute to the emerging field of human rights and environment. Given the disproportionate effect that polluting activities have on marginalized and vulnerable groups, Atapattu also discusses how these human rights mechanisms have addressed the impact on women, children, indigenous peoples, people with disabilities and racial minorities. Written by a world-renowned expert on human rights and the environment, this book will be of great interest to students and scholars researching and teaching in this important field of study.

Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women's contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies.

Can harsh interrogation techniques and torture ever be morally justified for a nation at war or under the threat of imminent attack? In the aftermath of the September 11, 2001, terrorist strikes, the United States and other liberal democracies were forced to grapple once again with the issue of balancing national security concerns against the protection of individual civil and political rights. This question was particularly poignant when US forces took prisoners in Afghanistan and Iraq who arguably had information about additional attacks. In this volume, ethicist Paul Lauritzen takes on ethical debates about counterterrorism techniques that are increasingly central to US foreign policy and discusses the ramifications for the future of interrogation. Lauritzen examines how doctors, lawyers, psychologists, military officers, and other professionals addressed the issue of the appropriate limits in interrogating detainees. In the case of each of these professions, a vigorous debate ensued about whether the interrogation policy developed by the Bush administration violated codes of ethics governing professional practice. These codes are critical, according to Lauritzen, because they provide resources for democracies and professionals seeking to balance concerns about safety with civil liberties, while also shaping the character of those within these professional guilds. This volume argues that some of the techniques used at Guantanamo Bay and elsewhere were morally impermissible; nevertheless, the healthy debates that raged among professionals provide hope that we may safeguard human rights and the rule of law more effectively in the future.

Researchers often face significant and unique ethical and methodological challenges when conducting qualitative field work among people who have been identified as perpetrators of genocide. This can include overcoming biases that often accompany research on perpetrators; conceptualizing, identifying, and recruiting research subjects; risk mitigation and negotiating access in difficult contexts; self-care in conducting interviews relating to extreme violence; and minimizing harm for interviewees who may themselves be traumatized. This collection of case studies by scholars from a range of disciplinary backgrounds turns a critical and reflective eye toward qualitative fieldwork on the topic. Framed by an introduction that sets out key issues in perpetrator research and a conclusion that proposes and outlines a code of best practice, the volume provides an essential starting point for future research while advancing genocide studies, transitional justice, and related fields. This original, important, and welcome contribution will be of value to historians, political scientists, criminologists, anthropologists, lawyers, and legal scholars.

When states are threatened by war and terrorism, can we really expect them to abide by human rights and humanitarian law? David P. Forsythe's bold analysis of US policies towards terror suspects after 9/11 addresses this issue directly. Covering moral, political, and legal aspects, he examines the abuse of enemy detainees at the hands of the United States. At the center of the debate is the Bush Administration, which Forsythe argues displayed disdain for international law, in contrast to the general public's support for humanitarian affairs. Forsythe explores the similarities and differences between Presidents Obama and Bush on the question of prisoner treatment in an age of terrorism and asks how the Administration should proceed. The book traces the Pentagon's and CIA's records in mistreating prisoners, providing an account which will be of interest to all those who value human rights and humanitarian law.

The Law of War and Peace offers a cutting-edge analysis of the relationship between law, armed conflict, gender and peace. This book, which is the first of two volumes, focuses on the interplay between international law and gendered experiences of armed conflict. It provides an in-depth analysis of the key debates on collective security, unilateral force, the laws governing conflict, terrorism and international criminal law. While much of the current scholarship has centered on the UN Security Council's Resolutions on Women, Peace and Security, this two-volume work seeks to move understandings beyond the framework established by WPS. It does this through providing a critical and intersectional approach to gender and conflict which is mindful of transnational feminist and queer perspectives.

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