1-10 of 68 Results  for:

  • Human Rights x
Clear all

Article

International Law, Technology, and Gender-Based Violence  

Carlotta Rigotti

Although information and communication technologies (ICTs) and artificial intelligence (AI) offer a unique opportunity to help personal autonomy flourish and promote diversity in society, their deployment has increasingly proved to channel new harm. Generally speaking, online and technology-facilitated violence comes to mean any abusive act that is committed, facilitated, or amplified via ICTs and other AI-based technologies. Also, it appears that this abuse is gender-based and intersectional, is experienced as a continuum of offline violence, and negatively affects the individual, as well as society. Accordingly, because online and technology-facilitated violence is borderless, and the same rights that people have offline must likewise be respected online, the international community has started undertaking some joint action. This is the case, for example, of the Platform of Independent Expert Mechanisms on the Elimination of Discrimination and Violence Against Women, as well as the European Commission and the United Nations Entity for Gender Equality and the Empowerment of Women. At the same time, a growing body of diverse literature suggests several courses of action for the international response to online and technology-facilitated violence against women. More precisely, greater effort is considered to be necessary to fill the terminological and data gaps that counteract the effectiveness of legal, policy, and other measures addressing online and technology-facilitated violence against women. Furthermore, numerous scholars make concrete and/or original suggestions that could facilitate the prevention and support of victims of online and technology-facilitated violence, such as the engagement of pop feminism in social media campaigns and the adoption of bystander intervention models. In terms of legal reform, there is common agreement that it should keep up with the continuous development of technology and the personal experiences of the victims, while going beyond the mere criminalization of the wrongdoings. Special emphasis is also put on the necessary regulation and engagement with internet platforms, to strengthen the legal and policy responses, as well as to hold them accountable.

Article

The Politics of Digital (Human) Rights  

Ben Wagner, Andy Sanchez, Marie-Therese Sekwenz, Sofie Dideriksen, and Dave Murray-Rust

Basic human rights, like freedom of expression, freedom of the press, and privacy, are being radically transformed by new technologies. The manifestation of these rights in online spaces is known as “digital rights,” which can be impeded or empowered through the design, governance, and litigation of emerging technologies. Design defines how people encounter the digital world. Some design choices can exploit the right to privacy by commodifying attention through tactics that keep users addicted to maximize profitability; similar design mechanisms and vulnerabilities have facilitated the abuse of journalists and human rights advocates across the globe. But design can also empower human rights, providing novel tools of resistance, accountability, and accessibility, as well as the inclusion of previously underserved voices in the development process. The new capabilities offered by these technologies often transcend political boundaries, presenting complex challenges for meaningful governance and regulation. To address these challenges, collaborations like the Internet Governance Forum and NETmundial have brought together stakeholders from governments, nonprofits, industry, and academia, with efforts to address digital rights like universal internet access. Concurrently, economic forces and international trade negotiations can have substantial impacts on digital rights, with attempts to enforce steeper restrictions on intellectual property. Private actors have also fought to ensure their digital rights through litigation. In Europe, landmark cases have reshaped the international management of data and privacy. In India, indefinite shutdowns of the internet by the government were found to be unconstitutional, establishing online accessibility as a fundamental human right, intimately tied with the right to assembly. And in Africa, litigation has helped ensure freedom of speech and of the press, rights that may affect more individualsas digital technologies continue to shape media. These three spheres—design, diplomacy, and law—illustrate the complexity and ongoing debate to define, protect, and communicate digital rights.

Article

Africa and the International Criminal Court  

Westen K. Shilaho

A diplomatic row between Africa, specifically the African Union (AU), and the International Criminal Court (ICC), regarding accountability for mass atrocities exists. Critics accuse the ICC of bias on account of its African caseload, while the ICC counters that it has a mandate to afford justice to victims of heinous crimes—war crimes, crimes against humanity, war of aggression, and genocide—whenever domestic courts cannot do so. This article problematizes the relationship between the AU and the ICC, which was initially cordial until the indictment of former Sudanese autocrat, Omar Al-Bashir. The indictment of six Kenyan suspects, the “Ocampo Six,” among them, Uhuru Kenyatta and William Ruto, who subsequently ascended to power, worsened the Africa–ICC relationship. The article contends that, although flawed, the ICC is significant in addressing impunity. However, the ICC stands accused of favoritism, imperialism, erosion of the sovereignty of already weak African states, and escalation of conflicts. Historically, international criminal justice is steeped in controversy. Africa has suffered humiliation by the West, which evokes suspicion toward the ICC, perceived to be a stooge of Western powers. The ICC as a court of last resort, ought to afford justice to victims of mass atrocities whenever national judiciaries fail them. Crucially, however, domestic courts in Africa need capacity and political will to hold to account masterminds and perpetrators of mass atrocities. Thus, the choice between justice and peace or retributive and restorative justice preponderant among ICC critics in Africa is false. There cannot be peace and reconciliation in Africa without justice. Truth telling and retribution are complementary processes in combating impunity and realizing justice, stability, and prosperity.

Article

Human Rights in ASEAN  

Randy W. Nandyatama

While showing slow and weak progress, Southeast Asia has demonstrated a unique human rights institutionalization process. More Southeast Asian countries have adopted international human rights standards than before and even endorsed the establishment of a regional human rights body within the Association of Southeast Asian Nations (ASEAN) mechanism. This certainly creates a new demand for understanding the process. Many scholars have provided various questions, debates, and analytical assessments of human rights in Southeast Asia. This article investigates the political dynamics in the region and reviews the scholarly literature that tries to understand the process. Most of the scholarly work on human rights in ASEAN touch upon two important issues, namely the Asian value debate on human rights and the paradox of human rights institutionalization in the region. The two issues demonstrate the lingering paradox—progressive and conservative elements of Southeast Asian culture and politics—in promoting and providing human rights protection. The paradox can be best understood through a more critical perspective in appreciating the human rights context in the region and sensing much more complex and diverse political actors engaging with the process.

Article

Human Rights in East Asia  

Ñusta Carranza Ko

East Asia is a region that has been the focus of discussions about economic development, democratization, nuclear proliferation, technological innovations, and health-related issues. Due to its historical past of colonization (including countries that have been colonizers and those that have been colonized), interstate and regional wars, involvement in world wars, and authoritarian governance, it is also a region that has experienced human rights violations, human rights advancements, and human rights–related policy developments. Thus, the study of East Asia and human rights encompasses colonial, Cold War, post–Cold War, and the post September 11, 2001, terrorist attacks periods of history. Based on the vast amount of scholarship on human rights in the region, a spectrum of approaches should be used to study human rights that (a) examines case-specific human rights violations which focus on vulnerable populations in society; (b) theorizes and questions the essence of human rights and its value systems; and (c) explores developments in human rights–related policy that involve transitional justice processes of truth-seeking, reparations, and criminal accountability regarding past human rights crimes. Examination of historic violations of women’s rights and children’s rights in the case of comfort women who were sexually enslaved by Japan’s Imperial Army during the Asia-Pacific War centers the victims and their experiences. A focus on minority rights leads to the consideration of issues of human trafficking of women and girls in Mongolia and North Korea, social and ethnic minority groups’ concerns in Japan and South Korea, and the plight of Uyghur people in China. The Asian (Confucian) values debate leads to consideration of why human rights have been questioned, why they may be considered as impositions, and which approaches can be taken to re-examine human rights with regard to this region. Finally, the discussion of transitional justice as it relates to East Asian states provides a much needed recognition of the importance of the region for innovating transitional justice policies.

Article

Gender Expertise in International Organizations  

Özlem Altan-Olcay

Gender experts and gender expertise as a field of knowledge production and policymaking emerged in the late 20th century in response to the growing acceptance of gender mainstreaming in national bureaucracies as well as international organizations. Initially conceptualized as femocrats, gender experts and the resources devoted to them were welcome as important achievements of feminist movements in making their demands part of institutional frameworks. However, gender expertise is at the center of two important debates in feminist scholarship. First, feminist scholars, including those who have held positions as gender experts, debate the relationship between advocacy, professionalization, and the dangers of co-optation. These debates often connect with discussions of co-optation in broader scholarship on transformations in feminist discourses in institutional spaces. Second, critical scholarship has also produced much empirical data on the power inequalities in complex organizational settings within which gender experts operate. This scholarship focuses more on the actual experiences of gender experts. These debates may also give rise to new research on and with gender experts concerning the interactions between the researcher and the research subject, the positionality of thinking and writing today with hopes for (and despairs about) tomorrow, and the need to problematize binaries of the East and the West, the Global North and the South in knowledge production.

Article

Cultural Genocide in Law and Politics  

Alana Tiemessen

The violent and nonviolent repression of cultural groups, or using cultural means to destroy a group, is often identified as “cultural genocide.” The concept’s association with genocide, the “crime of crimes,” suggests it is of serious international concern. Yet contestation over its meaning and application has rendered cultural genocide more of a rhetorical tool than a crime that can be prevented or punished. The scholarly literature on this subject demonstrates that academics and policymakers have been hampered by legal debates and states’ political interests, from Lemkin’s original conception of genocide and the UN Genocide Convention negotiations to the ad hoc responses to “real world” cultural genocide cases. The legal debates have centered around whether cultural genocide can fit within the limits of the Convention’s definition of genocide, that is, the specific intent to destroy, specific protected groups as victims, and so on, and the assumption that genocide is primarily the physical destruction of a group by violent means. Interdisciplinary perspectives on cultural genocide, particularly from anthropology, have shown that cultural genocide is diverse in practice; while not always physically violent in its means or ends, it is closely associated with historical and modern cases of settler colonialism. The politics of cultural genocide has historically been manifested in the politicized negotiations of the Genocide Convention and UN Declaration on the Rights of Indigenous Peoples, in which the self-interests of many states precluded any specific mention of cultural means of genocide. In the early 21st century, debates about who should be considered a cultural group and the utility of identifying cultural genocide without its criminalization have resulted in a lack of recognition and response to group destruction.

Article

Civil Resistance  

Hardy Merriman

Civil resistance is a way for people—often those who have no special status or privilege—to wield power without the threat or use of violence. It consists of a range of acts of protests (e.g., mass demonstrations); noncooperation (e.g., strikes, boycotts); intervention (e.g., blockades, mass demonstrations); and the development of new relationships, behavior patterns, and organizations (e.g., alternative institutions). Diverse people from societies worldwide have engaged in civil resistance for millennia. Individuals can initiate acts of civil resistance spontaneously, and many have done so at some point in their lives, for example, by defying or reducing their cooperation with institutional policies as students or employees. However, the study of this field has focused on collective acts of civil resistance through popular movements and campaigns that are organized to achieve shared goals and involve some degree of strategic planning. While civil resistance can be used to advance an array of causes, much of the research has focused on efforts within societies to overcome authoritarian rule and advance democratic change. Scholarship in the field has developed at an accelerating pace in the early 21st century, as civil resistance becomes increasingly recognized as a powerful driver of political change and democratic development worldwide. The field concerns itself with a range of questions, including: How do ordinary people self-organize against powerful and oppressive adversaries? What is the interplay of structure and agency in determining the emergence and trajectories of civil resistance movements? What kinds of strategies increase a movement’s prospects of success? What counter-strategies are most effectively employed against movements? How do movements manage the repression used against them? What is the success rate of civil resistance movements compared to violent insurgencies? What kinds of long-term impacts do civil resistance movements have on societies? How is civil resistance effectively employed for a range of different causes? What is the relationship between civil resistance and other forms of addressing conflict such as electoral politics, negotiations, and peacebuilding? Why and how do civil resistance movements induce defections among their adversary’s supporters? How should international law regard civil resistance movements? What role can external actors play in supporting or inhibiting such movements?

Article

Drivers of Religious Extremism in South Asia  

Zahid Shahab Ahmed

Religious extremism is not a new phenomenon in South Asia but it has certainly grown during the 21st century and that too across the region. While there are historical reasons behind religious divisions and fissures in South Asia (e.g., the two-nation theory with reference to the creation of a separate homeland for the Muslims of the Indian subcontinent), religious nationalism is a key driver behind the securitization of religious minorities. Although the existence of Muslim extremists is linked to how religion was used as a tool to recruit and mobilize mujahideen against the Soviet occupation of Afghanistan between 1979 and 1988, the global dynamics after the September 11, 2001, terrorist attacks and the “war on terror” have also influenced religious radicalization and extremism in Pakistan. In contrast, Buddhist and Hindu nationalism have been key drivers of religiously motivated extremism targeting religious minorities, especially Muslims, in Sri Lanka and India. There are similarities in terms of how Buddhist, Hindu, and Muslim extremist groups have been propagating hate and inciting violence; for instance, many extremist groups now increasingly use social media. As this article argues, the presence of religious extremism in South Asia presents a significant challenge to peace and security. This includes various forms of extremism targeting different religious groups and promoting anti-Western sentiments. International terrorist organizations are active in the region, while Hindu and Buddhist nationalists contribute to the marginalization and violence against Muslims. Creating an environment of tolerance, inclusivity, and respect for all religious communities is crucial to address these complex issues effectively.

Article

Genealogies of Intersectionality in International Relations  

Celeste Montoya and Kimberly Killen

The term intersectionality was introduced in the late 1980s by Kimberlé Crenshaw, a U.S. legal scholar critiquing single-axis approaches (i.e., race only or gender only) to oppression that often obscure those residing at the intersection of multiple marginalities and preclude them from justice. Since then, intersectionality has become a burgeoning field of study aimed at exploring and addressing the complexity of multiple and intersecting dimensions of power and oppression. While scholars across a range of disciplines have engaged intersectionality and incorporated intersectional analysis into their work, its explicit application and study in international relations (IR) has been somewhat limited. While intersectionality, named as such, may be less common in IR, postcolonial, Third World, transnational, Islamic, and queer feminist scholars and activists have long sought to complicate traditional understandings of power. Identifying and tracing the genealogical strands of their intersectional thinking and interventions help demonstrate the relevance and potential of intersectionality for the study of IR.