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  • Author: Jens M. Iverson
  • Publication Date: 06-2012
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: According to the current jurisprudence of the International Criminal Court, Article 98 of the Rome Statute does not forbid the issuance of an arrest warrant for a sitting head of state. The African Union Commission vehemently objects to this reading of Article 98. Because it viewed the function of Article 98 as forbidding such arrest warrants, it views the current jurisprudence as effectively reading Article 98 out of the Statute, with no continuing function. This article demonstrates the continuing function of Article 98. This continuing function includes immunities resulting from agreements under Article 98(2), as well as customary immunities pertaining to property, persons, diplomatic immunity, and state immunity. Countering the rhetoric and providing a close analysis of the current state of Article 98 in ICC jurisprudence is useful, both with respect to understanding the current operation of Article 98 and to reflect on balancing multiple maximands of criminal law, human rights law, and the international law of immunity.
  • Topic: Human Rights, International Law
  • Political Geography: Africa, Rome
  • Author: Raja Khalidi, Sobhi Samour
  • Publication Date: 12-2011
  • Content Type: Journal Article
  • Journal: Journal of Palestine Studies
  • Institution: Institute for Palestine Studies
  • Abstract: The Palestinian statehood-by-2011 program, framed through neoliberal institution building, redefines and diverts the Palestinian liberation struggle. Focusing on its economic aspects, and in particular the underlying neoliberal thought that goes beyond narrow economic policy applications, this essay argues that the program cannot succeed either as the midwife of independence or as a strategy for Palestinian economic development. Its weaknesses, the authors contend, derive not only from neoliberalism's inability to deliver sustainable and equitable economic growth worldwide, but also because neoliberal “governance” under occupation, however “good,” cannot substitute for the broader struggle for national rights nor ensure the Palestinian right to development.
  • Topic: Human Rights
  • Political Geography: Africa, Soviet Union, Palestine
  • Author: Gaetano Pentassuglia
  • Publication Date: 02-2011
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: As expert analysis concentrates on indigenous rights instruments, particularly the long fought for 2007 UN Declaration on the Rights of Indigenous Peoples, a body of jurisprudence over indigenous land and resources parallels specialized standard-setting under general human rights treaties. The aim of the present article is to provide a practical and comparative perspective on indigenous land rights based on the process of jurisprudential articulation under such treaties, principally in the Inter-American and African contexts. While specialized standards inevitably generate a view of such rights (and, indeed, indigenous rights more generally) as a set of entitlements separate from general human rights, judicial and quasi-judicial practice as it exists or is being developed within regional and global human rights systems is effectively shaping up their content and meaning. I argue that indigenous land rights jurisprudence reflects a distinctive type of human rights discourse, which is an indispensable point of reference to vest indigenous land issues with greater legal significance. From a practical standpoint, focussing on human rights judicial and quasi-judicial action to expand existing treaty-based regimes and promote constructive partnerships with national courts, though not a panacea to all the intricacies of indigenous rights, does appear to offer a more realistic alternative to advocacy strategies primarily based on universally binding principles (at least at this stage) or the disengagement of domestic systems from international (human rights) law.
  • Topic: Human Rights, United Nations
  • Political Geography: Africa, America
  • Author: Solomon T. Ebobrah
  • Publication Date: 08-2011
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: According to the Protocol to the African Charter on Human and Peoples' Rights establishing the African Court on Human and Peoples' Rights, the main function of the Court is to complement the protective mandate of the already existing African Commission on Human and Peoples' Rights. Thus, complementarity was introduced into the framework of the African human rights system. Since then, the concept of complementarity has also been brought into play in the Protocol to the Statute of the proposed African Court of Justice and Human Rights. Although the interim rules of procedure of the Court and of the Commission have sought to give meaning to the concept of complementarity, there is still very little understanding of how it will pan out in the system. Questions abound as to the exact implication it would have on the existing mechanisms of the Commission. Almost nothing has been said or written on its impact on the African Committee of Experts on the Rights and Welfare of the Child. Against this background, this article argues that complementarity in the African human rights system can be applied positively by adopting a normative approach that allows for the prescription of what the system's supervisory institutions should do and how they should relate to each other in their work. The article argues further that the justifications for the introduction of judicial organs can also be employed to prescribe complementary functions for each supervisory institution. It concludes that applying complementarity positively would require encouraging each institution to focus on its strengths with a view to strengthening the overall effectiveness of the system.
  • Topic: Human Rights
  • Political Geography: Africa
  • Author: Dianna Shandy
  • Publication Date: 11-2011
  • Content Type: Journal Article
  • Journal: Macalester International
  • Institution: Macalester College
  • Abstract: Globalization is characterized by crosscutting flows and networks of people, goods, ideas, and capital across the globe. These processes are both facilitated and constrained by yet emerging infrastructures and institutions. Within this shifting context, it has been observed that while we live in a global village, there is no rule of law. Here, I reflect upon this observation in relation to the unfolding development of the International Criminal Court (ICC), with particular consideration of African contexts.
  • Topic: Human Rights, Law
  • Political Geography: Africa
  • Author: Anna Stahl
  • Publication Date: 03-2011
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: In recent years, both the European Union (EU) and the People's Republic of China (PRC) have considerably stepped up their presence in Africa, including in the field of peace and security. This article discusses how the EU's and China's understanding of governance and sovereignty affects their respective security strategies in Africa. It argues that although European and Chinese rhetoric significantly differs in terms of the doctrines of sovereignty and governance, the conventional wisdom of two competing security models is inaccurate. As a matter of fact, Brussels and Beijing pursue converging security interests in Africa, a fact that can open the door for coordinated Sino-European crisis management efforts.
  • Topic: Human Rights, Sovereignty
  • Political Geography: Africa, China, Europe, North America
  • Author: Isobel Coleman
  • Publication Date: 05-2010
  • Content Type: Journal Article
  • Journal: Foreign Affairs
  • Institution: Council on Foreign Relations
  • Abstract: Over the last several decades, it has become accepted wisdom that improving the status of women is one of the most critical levers of international development. When women are educated and can earn and control income, a number of good results follow: infant mortality declines, child health and nutrition improve, agricultural productivity rises, population growth slows, economies expand, and cycles of poverty are broken.
  • Topic: Development, Human Rights
  • Political Geography: Africa, South Asia, Middle East
  • Author: Sarah E. Mendelson
  • Publication Date: 04-2009
  • Content Type: Journal Article
  • Journal: The Washington Quarterly
  • Institution: Center for Strategic and International Studies
  • Abstract: About a month before the 60th anniversary of the Universal Declaration of Human Rights (UDHR), the United States elected its first African-American president, Barack Obama. This historic event, a fitting milestone, brings to life that declaration, which human rights activists and legal scholars regard as the sacred text. Obama's election fulfills a dream of the U.S. civil rights movement, a struggle that relied as much on the UDHR as on the courage of the men and women who for decades fought to make the United States a ''more perfect union.'' For human rights defenders around the world, its significance cannot be overstated.
  • Topic: Human Rights
  • Political Geography: Africa, United States, America
  • Author: Wafula Okumu
  • Publication Date: 06-2009
  • Content Type: Journal Article
  • Journal: Journal of International Affairs
  • Institution: School of International and Public Affairs, Columbia University
  • Abstract: As the African Union (AU) moves toward its tenth anniversary in 2012, it is drawing a great deal of attention to its handling of mounting crises on the continent. Across the continent, the AU is faced w ith crises that test its commitment and capability to fulfill the ambitious agenda it adopted at its formation in July 2002. This agenda includes the promotion of peace, stability, human rights, democracy, good governance and sustainable development. Among the motivating factors for the formation of the Union was to provide Africa with a platform and voice to survive and benefit from the wave of globalization. The AU, as stated in its Constitutive Act, was Africa's response to “the multifaceted challenges that confront our continent and peoples in the light of the social, economic and political changes taking place in the world.” It was concocted as a vehicle for accelerating “political and socio-economic integration of the continent” and for establishing “the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations.”
  • Topic: Human Rights
  • Political Geography: Africa
  • Author: John C. Mubangizi
  • Publication Date: 11-2008
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: A significant gain of the new political and constitutional dispensation ushered in South Africa in 1994 was a commitment to the protection of human rights. However, protecting human rights in a country where the gap between the rich and the poor is among the largest in the world was always going to be a daunting challenge. The challenge is even more daunting with the protection of socio-economic rights such as the right of access to adequate housing. This article explores the challenges that South Africa faces in protecting human rights in the face of persistent poverty of over half of the country\'s population, vast economic disparities and gross inequality. Focusing on the right of access to adequate housing, the author explores some prospects arising from the roles played by the constitution; domestic courts; other state institutions as well as non-state actors. The article concludes that although the challenges are real, the prospects are promising. However, a lot must be done if the democratic miracle that has characterized South African society over the last fifteen years is to be maintained.
  • Topic: Human Rights
  • Political Geography: Africa