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6 - Human Rights

Published online by Cambridge University Press:  05 June 2012

John F. Murphy
Affiliation:
Villanova University, Pennsylvania
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Summary

In previous chapters we have examined various topics that have human rights dimensions. Chapter 2, for example, covers the U.N. Human Rights Council, international criminal tribunals, and hybrid courts; Chapter 3 the responsibility to Protect; and Chapter 4 the nature of the relationship between international human rights law and the law of armed conflict. These subjects, however, constitute only a small part of an increasingly vast and complex field.

For purposes of this chapter, therefore, it is necessary to make “hard choices” for what topics to cover. Certainly, one of the most controversial topics in the field of human rights has been the war on terrorism and international human rights, with a primary focus on alleged violations of human rights by the Bush administration, especially with respect to interrogation methods and the due process rights of detainees at Guantanamo Bay and other locations. The writings on this topic are legion, and I have briefly written on this topic myself. In this chapter, however, my focus is elsewhere. First, I attempt to evaluate the difference, if any, the adoption of large numbers of human rights treaties by the United Nations has made in terms of meeting the U.N.'s goal to protect and promote human rights. Next, with respect to the human rights dimensions of U.N. antiterrorism efforts, the chapter turns to the financing of terrorism, Security Council Resolutions 1373 and 1267, and the so-called al-Qaeda and Taliban Sanctions Committee.

Type
Chapter
Information
The Evolving Dimensions of International Law
Hard Choices for the World Community
, pp. 204 - 247
Publisher: Cambridge University Press
Print publication year: 2010

References

Dinstein, Yoram, Anti-Semitism, Anti-Zionism and the United Nations, 17 ISRAEL Y.B. HUM. RTS.15 (1987)Google Scholar
Hathaway, Oona, Do Human Rights Treaties Make a Difference? 111 YALE L.J.1935 (2002)CrossRefGoogle Scholar
Goodman, Ryan and Jinks, Derek, Measuring the Effects of Human Rights Treaties, 14 EUR. J. INT'L L. 171 (2003)CrossRefGoogle Scholar
Hathaway, Oona, Testing Conventional Wisdom, 14 EUR. J. INT'L L. 185 (2003)CrossRefGoogle Scholar
Neumayer, Eric, Do International Human Rights Treaties Improve Respect for Human Rights?, 49 J. CONFLICT RESOL.925 (2005)CrossRefGoogle Scholar
Ollivier, Antoine, The Judgment of the International Court of Justice in the “Genocide” Case Between Bosnia and Herzegovina v. Serbia and Montenegro, 46 ILM185 (2007)Google Scholar
Schiffrin, Natalia, Jamaica Withdraws the Right of Individual Petition under the International Covenant on Civil and Political Rights, 92 AM. J. INT'L L.563 (1998)CrossRefGoogle Scholar
Henkin, Louis, US Ratification of Human Rights Conventions: The Ghost of Senator Bricker, 80 AM. J. INT'L L. 341 (1995)CrossRefGoogle Scholar
Bradley, Curtis A. & Goldsmith, Jack L., Treaties, Human Rights, and Conditional Consent, 149 U. PA. L. REV.399, 415 (2000)CrossRefGoogle Scholar
Murphy, John F., Civil Litigation Against Terrorists and the Sponsors of Terrorism: Problems and Prospects, 28 TEX. REV. LITIG.315 (2009)Google Scholar
Bantekas, Ilias, Current Developments: The International Law of Terrorist Financing, 97 AM. J. INT'L L.315, 326 (2003)CrossRefGoogle Scholar
Rosand, Eric, Security Council Resolution 1373, The Counter-Terrorism Committee, and the Fight Against Terrorism, 97 AM.J. INT'L L. 333, 335 (2003)CrossRefGoogle Scholar
Goldsmith, Jack and Posner, Eric, Does Europe Believe in International Law?WALL ST. J., Nov. 25, 2008, at A.15Google Scholar
MacFarquhar, Neil, Security Council Panel to Vet All Entries on Terrorism List, N.Y. TIMES, July 15, 2009, at A9Google Scholar
MacFarguhar, Neil, U.N. Measure Offers Recourse to Blacklisted, NY TIMES, Dec. 18, 2009, at A18Google Scholar
Gaer, Felice D., Book Review: The United Nations High Commissioner for Human Rights : The Challenges of International Protection, by Ramcharan, Bertrand G., 98 AM. J. INT'L L. 391 (2004)CrossRefGoogle Scholar
Lantos, Tom, The Durban Debacle: An Insider's View of the UN World Conference Against Racism, 26 FLETCHER FORUM WORLD AFF.32 ((2002)Google Scholar
McDougall, Gay, The World Conference Against Racism: Through a Wider Lens, 26 FLETCHER F. WORLD AFF.135 (2002)Google Scholar
Simon, Marlise, Departing Rights Official Raised Volume on Issues, N.Y. TIMES, July 6, 2008, at A 13Google Scholar
Edwards, Steven, Arbour to Quit UN Job; Rights Commissioner Frustrated by Politicking, THE GAZETTE (Montreal), Feb. 28, 2008, at A13Google Scholar
MacFarquhar, Neil, Iranian Calls Israel Racist At Meeting in Geneva, N.Y. TIMES, Apr. 21, 2009, at A4Google Scholar
Janis, Mark, Russia and the “Legality” of Strasbourg Law, 8 EUR. J. INT'L L. 93 (1997)CrossRefGoogle Scholar

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  • Human Rights
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.007
Available formats
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  • Human Rights
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.007
Available formats
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  • Human Rights
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.007
Available formats
×