International Human Rights Law and Practice

Bantekas, Ilias; Oette, Lutz

doi:10.1017/cbo9781139048088

Cited by 67 publications

(13 citation statements)

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“…203 Mainstream academic literature accepts that a heightened duty is applicable when a certain (vulnerable) group was previously targeted. 204 The ACtHPR found state responsibility and reparations for lack of due diligence in trying non-state actors responsible for murders. 205 Moreover, as the IACtHR determined and Judge Eboe-Osuji recognized in the ICC's collapsed specific role of responsible states and reach fair reparations awards.…”

Section: Need For Cooperation From States and Other Actorsmentioning

confidence: 99%

Victims and Reparations in International Criminal Justice: African Initiatives

Pérez-León-Acevedo

2019

Nord. J. Int. Law

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Two important African criminal justice initiatives, namely, the Extraordinary African Chambers (eac) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights (acjhr-icls), illustrate the trend whereby victims can claim and receive reparations at international/hybrid criminal tribunals (icts). The International Criminal Court (icc) started this trend. This article will examine whether the eac and acjhr-icls can contribute to victims’ status as reparations claimants on substantive, procedural and institutional levels. The eac-Statute as applied in Habré and the acjhr-Statute constitute the primary sources of analysis as complemented by inter alia the law and/or practice of the icc, Extraordinary Chambers in the Courts of Cambodia (eccc) and the African Court on Human and Peoples’ Rights (ACtHPR). This article generally finds that the realisation of victims’ right to reparations at the eac and acjhr-icls depends on how normative and implementation deficits and challenges are handled.

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Section: Need For Cooperation From States and Other Actorsmentioning

confidence: 99%

Victims and Reparations in International Criminal Justice: African Initiatives

Pérez-León-Acevedo

2019

Nord. J. Int. Law

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“…74 As an example, the rights to a healthy environment as derived from the Principle 1 Rio Declaration which stands as soft law, the current international law instrument is vague at such whether the environmental policy will protect the environment or peoples' rights thereto. 75 For examples, the financial development may require deforestation or industrial manufacturing development will inevitably dispose of the pollution, in a certain degree, this may affect the people. But as the protection of ecosystem per se lacks a human value or protection of people, then a rights-based approach to the protection of the environment would become problematic, unless, non-human values were inserted too in the system.…”

Section: Legal Constructionmentioning

confidence: 99%

Human Rights and the Environmental Protection: The Naïveté in Environmental Culture

Wisadha¹,

Widyaningsih²

2018

UJLC

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There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.

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“…It just grants freedom for the States to define the concept of terrorism according to their vision which creates differences and collisions between them. Accordingly, numerous countries have justified their anti-terrorism measures or actions, some of which represent a violation of human rights, under their obligations to the related Security Council resolutions (Bantekas & Oette, 2013). Other States alleged that they had to take such actions in order to avert the military intervention by other powerful States (Amnesty International, 2003;Moore, 2014).…”

Section: Counter-terrorism and Human Rights Violationmentioning

confidence: 99%

Security Council Response to Human Rights Violation in Term of Combating Terrorism: Retrospect and Prospect

Shaglah¹

2016

BLR

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The role of the Security Council to combat terrorism had obviously grown since 9/11. The Council adopted numerous resolutions which carry commitments upon the Member States to counterterrorism. In turn, the States have enacted or amended laws. Some of these laws and measures have shown negative effects on human rights. As a result, the Security Council has gradually indicated to the significance of protection human rights while countering terrorism. However, the practice of States, besides the presence of some gaps in the decisions of the Council, is still reflecting violations of human rights. Consequently, the Council must take effective ways to guarantee human rights and to achieve positive results in the fight against terrorism. This paper examines the anti-terrorism efforts of the Security Council and its impact on human rights. It is concentrated on the Council's response to such violations. Resultantly, this study provides recommendations to ensure human rights while combating terrorism.

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International Human Rights Law and Practice

Cited by 67 publications

References 0 publications

Victims and Reparations in International Criminal Justice: African Initiatives

Victims and Reparations in International Criminal Justice: African Initiatives

Human Rights and the Environmental Protection: The Naïveté in Environmental Culture

Security Council Response to Human Rights Violation in Term of Combating Terrorism: Retrospect and Prospect

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