Narissa Ramsundar | email@example.com
Today, with the rise of live media broadcasting, journalists can report on the threat of genocide as events unfold on the ground. The instantaneous transmission of news may raise state awareness that a genocide is imminent. So far, there have been examples whereby state responses to such reports have tended to downplay the intensity of the killings. This was prominently demonstrated in the responses to the Rwandan genocide that occurred in April 1994. President Clinton in a radio address on the 30th of April, 1994, some 3 weeks after the genocide spoke of “mass killings of civilians in Rwanda.” According to Samantha Power, [p. 359]. The Rwanda example is by no means unique, and states’ mistaken belief that circumvention of the term “genocide” somehow avoids legal responsibility under the Genocide Convention (GC) and other instruments proscribing Genocide remains persistent. Continue reading
Luis Eslava | L.Eslava@kent.ac.uk
Third World Approaches to International Law, best known by its acronym TWAIL, is a dynamic, intentionally open-ended and decentralised network of international law scholars who think about and with the Third World.
Within the universe of TWAIL, the ‘Third World’ refers to that expansive and usually subordinated socio-political geography that, during the mid-twentieth century, came to be seen as ‘non-aligned’ – belonging neither to the ‘free’ nor to the ‘communist’ world. Today the Third World is more often referred to, however, as the ‘developing world’, the ‘post-colonial world’, or the (Global) South. In our intensely unequal, racialised, gendered, environmentally precarious global order, confronting a proliferation of Souths in the North and Norths in the South, this socio-political geography can perhaps be better characterised as ‘most of the world’.
Vishakha Choudhary | firstname.lastname@example.org
The significant threat posed by disinformation campaigns in armed conflicts is not a novel concern. Its first prominent manifestation can be traced back to a fabricated telegram alleging the sabotage of the cruiser USS Maine, which led to the outbreak of the Spanish-American War. Arquilla and Ronfeldt, leading academicians on Cyber warfare, describe this phenomenon as ‘Netwar’, the process of “trying to disrupt, damage, or modify what a target population ‘knows’ or thinks it knows”.
As traditional methods of warfare invite increased scrutiny, resort to Netwar has become commonplace, fueled by the proliferation of media platforms. Fake news disseminated through Facebook was instrumental in inciting persecution of Rohingyas in Myanmar and information broadcasted over the radio fuelled hate crimes against Tutsis in Rwanda. Moreover, Russian cyber operations have reportedly led to a diplomatic crisis in the Gulf since 2017 and spurred an internal conflict in Ukraine. Pertinently, non-state actors have also turned to disinformation campaigns to advance their cause, as evinced by ISIS’s twitter operations. This post discusses the enforceability and fortitude of International Humanitarian Law (‘IHL’) norms against this form of information warfare. Continue reading
This post is a summary of the keynote lecture given by Professor Gearty during the workshop ‘The Universal Declaration at 70: What Next for Human Rights?’ on 26th November 2018. The event was co-organised by the Groningen Journal of International Law and the University of Groningen’s Centre for Religion, Conflict and Globalisation.
Professor Conor Gearty
How serious are current threats to the post-war international order of which the protection of human rights is such a central part?
Three potential challenges in particular come immediately to mind.
First there is the outright rejection of the very idea, with states organizing themselves formally around systems of rule in which individuals are allowed to be explicit casualties of passing state interests. Of course, not even the worst states put it quite like this, and with the passing of the era of the Cold War no substantial ideology sets its face against human rights in quite this explicit way: indeed, not even the Soviet Union did so at its height, preferring a different version of human rights (economic and social rights) to having none at all.
Tackling modern slavery: gaps to uncover
Contemporary forms of slavery continue to be a major challenge in the 21st century. International law prohibits slavery, human trafficking and forced labour, and states are generally committed to eliminating these human rights abuses, but over 25 million people were in modern slavery on any given day in 2016 (Global Estimates of Modern Slavery). As the UN Special Rapporteur on Contemporary Forms of Slavery pointed out in her latest report to the General Assembly, the scale of the phenomenon is even larger than what statistics indicate (para. 8). Continue reading
Andrea Preziosi | AMP711@student.bham.ac.uk
The cooperation between Italy and Libya with the objective of curbing migratory pressure on Italian shores and EU external borders has attracted a great deal of criticism in light of the widespread pattern of human rights violations against migrants taking place on the war-torn territory of the African state. It was inaugurated in the early 2000s and strengthened by way of the 2017 Memorandum of Understanding. The former UN High Commissioner for Human Rights has condemned the assistance provided by Italy (backed by the EU) to the Libyan Cost Guards to intercept migrants at sea and prevent them from leaving the country, where they are confronted with “unimaginable horrors”, including torture, rape and killing. The Italian strategy has sought to involve not only internationally-recognised actors, but also local tribes that control Libyan territorial borders and, reportedly, armed groups implicated in the trafficking of migrants. Despite rising criticism, the newly elected Italian government has adopted an even more restrictive policy to tackle migration, as demonstrated by the frequent episodes of boats carrying hundreds of migrants coming from Libya being prevented entry to Italian ports.
Read the first part of this post here.
Ishita Chakrabarty | email@example.com
India’s Violation of Customary IHL Principles
The Armed Forces (Special Powers) Acts (AFSPA) and the Public Safety Act introduced the obligation of the prosecutor to obtain prior sanction from the Union Government before initiating prosecution against the police and the paramilitary forces. Various charges have been leveled against officials, ranging from the commission of extra-judicial executions to deliberate torture, the killing of detainees in custody and reprisal killing of civilians. In some cases, the State Police even refused to register the charges. For instance, in 2017, the video of a civilian tied to an army jeep showed the Government’s animosity towards its own citizens. The civilian was being used as a human shield to avert incidents of stone pelting. Continue reading