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Summary of Contents Preface Acknowledgments Chapter 1 From Morality To Law: The Abolition of Slavery Chapter 2 Guaranteeing Human Rights by Treaty Is there a right to a safe and healthy environment? Chapter 3 The Development of Human Rights Norms Through Non-binding Instruments Chapter 4 Human Rights in Extremis How Can Human Rights Be Protected in Civil Strife and Armed Conflict? Chapter 5 Who is Obligated to Promote and Protect Human Rights? Oil Exploration and Exploitation in the Niger River Delta Chapter 6 Domestic Enforcement Mechanisms Are States¿ Courts Bound to Apply International Human Rights Norms? Chapter 7 UN Mechanisms for Addressing Violations of Human Right What Petition and Other Procedures are Available for Implementing Human Rights Standards? Chapter 8 The European System for the Protection of Human Rights Can Regional Systems to Protect Human Rights Be More Effective than UN Mechanisms? Chapter 9 Human Rights in the Americas Responding to Disappearances in Argentina Chapter 10 Coercing Compliance with Human Rights Norms: Sanctions and Armed Intervention Can the International Community Prevent Human Rights Violations by Threatening or Using Force? Chapter 11 International Criminal Law Can we deter human rights violations by using the criminal justice process? Chapter 12 The Problem of Fact-Finding and Evidence How are Human Rights Violations Investigated? Chapter 13 Human Rights and Foreign Policy The United States¿China Relationship Table of Contents Summary of Contents Preface Acknowledgments Chapter 1 THE CONCEPT OF HUMAN RIGHTS From Morality to Law: The Abolition of Slavery I. The Concept of Human Rights II. The Movement to Abolish Slavery and the Slave Trade A. Introduction B. The Moral and Philosophical Evolution David Brion Davis, The Problem of Slavery in the Age of Revolution 1770-1823 Roger Anstey, The Atlantic Slave Trade and British Abolition 1760-1810 C. Economic and Political Factors Howard Temperley, The Ideology of Antislavery, in The Abolition of the Atlantic Slave Trade: Origins and Effects in Europe, Africa and the Americas James Walvin, The Public Campaign in England against Slavery, 1787-1834 D. The Rhetoric of Abolition Simon Bolivar, Message to the Congress of Bolivia (May 25, 1826) Audrey A. Fisch, American Slaves in Victorian England: Abolitionist Politics in Popular Literature and Culture Frederick Douglass, The meaning of July Fourth for the Negro, Rochester, NY (July 5, 1852) E. The Legal Evolution The Case of James Sommersett Suzanne Miers, Slavery and the Slave Trade as International Issues 1890-1939 Comments and Questions II. The Philosophical Underpinnings of Human Rights A. Natural Law S. James Anaya, Indigenous Peoples in International Law B. Legal Positivism C. Critical Legal Studies D. Feminist Perspectives Hilary Charlesworth, Feminist Methods in International Law E. Cultural Relativism Amartya Sen, Human Rights and Asian Values Comments and Questions III. A Brief History of Human Rights in International Law and Institutions John P. Humphrey, The International Law of Human Rights in the Middle Twentieth Century IV. Final Comments and Questions Chapter 2 GUARANTEEING HUMAN RIGHTS BY TREATY Is there a right to a safe and healthy environment? I. The State of the Global Environment and Human Well-Being United Nations Environment Program, Geo Yearbook: An Overview of Our Changing Environment 2004-2005 II. The Protection of Human Rights through Treaties A. Why Rights and Why Treaties? Dinah Shelton, Human Rights, Environmental Rights, and the Right to Environment Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights Richard B. Bilder, Rethinking International Human Rights: Some Basic Questions Comments and Questions B. Human Rights Provisions in the UN Charter 1. The Content of the Charter The United Nations and Human Rights 2. Invocation of the Human Rights Clauses on the International Level Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Egon Schwelb, The International Court of Justice and the Human Rights Clauses of the Charter 3. The Domestic Status of the Charter's Human Rights Clauses Oscar Schachter, The Charter and the Constitution: The Human Rights Provisions in American Law Note: U.S. Recognition of the Legal Status of the Human Rights Clauses Comments and Questions C. UN Human Rights Law-Making Dinah Shelton, Human Rights 1. Completing the International Rill of Rights Louis Henkin, Introduction 2. Issue-Specific Human Rights Treaties Note on Specialized Agencies 3. Quality Control Stephen P. Marks, Emerging Human Rights: A New Generation for the 1980s? A. H. Robertson, Human Rights in the World Note: UN Action UN General Assembly Res. 41/120 International League for Human Rights, Human Rights at the United Nations: New Standard Setting 4. The Evolution of a Claimed Right to Environmental Quality Dinah Shelton, Human Rights, Environmental Rights, and the Right to Environment Note on the Evolution of Global, Regional and National Standards Comments and Questions III. Are Human Rights Treaties Different from other International Legal Norms? A. Interpretation Vienna Convention on the Law of Treaties Soering v. United Kingdom Selmouni v. France Juan Humberto Sanchez Case, Interpretation of the judgment on Preliminary Objections, Merits and Reparations B. Reservations Vienna Convention on the Law of Treaties Note: U.S. Reservations, Understandings, and Declarations to the Covenant on Civil and Political Rights International Covenant on Civil and Political Rights: The Administration's Proposed Reservations, Understandings and Declarations in International Covenant an Civil end Political Rights Human Rights Committee, Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant Human Rights Committee, Consideration of Reports Submitted By States Parties under Article 40 of the Covenant, Comments of the Committee on the Report of the United States of America International Law Commission, Annual Report C. Termination of Treaties Human Rights Committee, Continuity of Obligations D. Are Human Rights Treaties Superior to Other International Legal Regimes? Comments and Questions IV. Final Comments and Questions Chapter 3 THE DEVELOPMENT OF HUMAN RIGHTS NORMS THROUGH NON BINDING INSTRUMENTS How and Why do New International Human Rights Norms Emerge other than by Treaty? I. Introduction: The Role of "Soft Law" in Human Rights Law-Making Dinah Shelton, Commentary and Conclusions, in Compliance and Commitment: The Role of Non-Binding Instruments in the International Legal System A. The Use of Non-Binding Instruments II. The Universal Declaration of Human Rights A. The Making of the Universal Declaration John P.Humphrey, The Universal Declaration of Human Rights: Its History, Impact and Juridical Character B. The Legal Status of the Declaration 1. The Historical Perspective Egon Schwelb, The Influence of the Universal Declaration of Human Rights on International and National Law Note: Customary International Law 2. Subsequent Developments in the Legal Status of the Declaration Restatement (Third) of the Foreign Relations Law of the United States (702 International Law Association, Committee on the Enforcement of Human Rights Law, Final Report on the Status of the Universal Declaration of Human Rights in National and International Law Note: Other United Nations and Regional Human Rights Declarations Comments and Questions III. The Emergence of New Human Rights Norms: The Rights of Indigenous Peoples and Maya Land Claims in Southern Belize A. The Developing Rights of Indigenous Peoples B. The Adjudication of Maya Land Claims by the Inter-American Commission on Human Rights S. James Anaya, The Maya Petition to the Inter-American Commission on Human Rights: Indigenous Land and Resource Rights, and the Conflict over Logging and Oil in Southern Belize Note: The Awas Tingni and Dann cases Inter-American Commission on Human Rights, Report 40/04, Case 12.053 (Maya Indigenous communities of the Toledo District of Belize) Comments and Questions IV. Norm Building in Related Areas A. Minorities Hurst Hannum, The Rights of Persons Belonging to Minorities Human Rights Committee, General Comment No. 23(50) (Art. 27) B. Self-Determination Committee on the Elimination of Racial Discrimination, Right to self-determination Comments and Questions V. The Model or ¿Soft Law¿ Approach in the Criminal Justice Area A. International Norms Governing the Treatment of Prisoners B. Status of the Standard Minimum Rules C. Applying the "Model Law" or "Soft Law" Approach to Specific Subjects 1. Treatment of Prisoners 2. Juvenile Offenders 3. Standards for the Administration of Justice Nigel Rodley, The Treatment of Prisoners Under International Law Alfred Heijder, Codes of Professional Ethics Against Torture Comments and Questions VI. Final Comments and Questions Chapter 4 HUMAN RIGHTS IN EXTREMIS How Can Human Rights Be Protected in Civil Strife and Armed Conflict? I. A Mote in the Eye of Freedom: Interrogation at Abu Ghraib Prison, Iraq Dana Priest and Barton Gellman, U.S. Decries Abuse but Defends Interrogations; "Stress and Duress" Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities II. Human Rights in Civil Strife and States of Emergency Joan Fitzpatrick, Human Rights in Crisis, The International System for Protecting Rights During States of Emergency Note: Humanitarian Law as a Limitation on the Right of Derogation: Civil Strife and Internal Armed Conflict Contrasted Note: Monitoring States of Emergency Human Rights Committee, States of Emergency (Article 4) Habeas Corpus in Emergency Situations Note: Limitation Clauses Comments and Questions III. The Traditional Law of War: International Armed Conflict Note: Historical Roots of the Concern for Human Rights in the Law of War G.I.A.D. Draper, Human Rights and the Law of War A. Protecting Combatants: The First Three 1949 Geneva Conventions Third Geneva Convention Relative to the Treatment of Prisoners of War U.S. Army, Law of Land Warfare U.S. Army, Intelligence Interrogation B. Protecting Civilians: The Fourth Geneva Convention Fourth Geneva Convention on the Protection of Civilian Persons in Time of War C. Subsequent Developments: Protocol I Richard R. Baxter, Modernizing the Law of War Note: The Impact of Protocol I Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Comments and Questions IV. Expanding Traditional Protections: Internal Armed Conflicts A. Common Article 3: Its Status and Content Daniel Smith, New Protections for Victims of International Armed Conflicts: The Proposed Ratification of Protocol II by the United States Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States) B. Protocol II: Its Scope and Content Richard R. Baxter, Modernizing the Law of War Note: The U.S. Position on Protocol II Note: UN Peacekeeping Comments and Questions V. Where Does Responsibility Lie for Violations of the Law of War? In re Yamashita Note: The Treatment of Command Responsibility in U.S. Domestic Law Interview with Guy Womack by Chris Matthews Comments and Questions VI. Modern Warfare: Distinguishing Combatants from Civilians Lieutenant Duffy's Statement Mark Bowden, Black Hawk Down, A Story of Modern War Note: The First Gulf War Note: Afghanistan and the Second Gulf War VII. The "War on Terror": Emergency, Armed Conflict, or Business as Usual? George W. Bush, Address to a Joint Session of Congress and to the American People A. Prosecuting Those Persons Responsible for Ill-Treatment at Abu Ghraib 1. The Dramatis Personae 2. The Legal Arguments Memorandum from Assistant Attorney General Jay S. Bybee Note: Subsequent U.S. Interrogation Policies Note: Should Torture Always Be Prohibited? B. Guant namo and "illegal combatants" Third Geneva Convention Relative to the Treatment of Prisoners of War Geneva Convention IV relative to the Protection of Civilian Persons in Time of War Memorandum from Assistant Attorney General Jay S. Bybee Silvia Borelli, Casting light on the legal black hole: international law and detentions abroad in the "war on terror" Memorandum from the President C. Military Commissions Detention, Treatment, and Trial of Certain NonCitizens in the War Against Terrorism Hamdan v. Rumsfeld D. Renditions Joan Fitzpatrick, Rendition and Transfer in the War Against Terrorism: Guant namo and Beyond E. A Congressional Response H.R. 3038 Thomas M. Franck, Editorial Comment, "Criminals, Combatants, or What? An Examination of the Role of Law in Responding to the Threat of Terror" Comments and Questions VIII. Final Comments and Questions Chapter V WHO IS OBLIGATED TO PROMOTE AND PROTECT HUMAN RIGHTS? Oil Exploration and Exploitation in the Niger River Delta I. The Problem: Oil Exploration and Exploitation in Nigeria II. The Obligations of States Note: The African Human Rights System Christof Heyns, The African Regional Human Rights System: The African Charter A. The Language of Obligation Human Rights Committee, General Comment No. 31, The Nature of the General Legal Obligation Imposed on States Parties to the Covenant on Civil and Political Rights Vel squez Rodríguez Case, Inter-Am. Ct. H.R Öneryildiz v. Turkey Committee on Economic, Social and Cultural Rights, General Comment No. 3, The nature of States parties obligations (Art. 2, para. 1) The Social and Economic Rights Action Center and the Center for Economic and Social Rights v. Nigeria B. Balancing state obligations to protect with individual freedom and autonomy Brüggemann and Scheuten v. Germany Open Door and Dublin Well Woman v. Ireland Pretty v. the United Kingdom Comments and Questions III. Corporate Responsibility Dinah Shelton, Protecting Human Rights in a Globalized World Rhoda E. Howard-Hassman, The Second Great Transformation: Human Rights Leapfrogging in the Era of Globalization A. Codes of Conduct Sub-Commission on the Promotion and Protection of Human Rights, Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights Report of the United Nations High Commissioner on Human Rights on the Responsibilities of Transnational Corporations and Related Business Enterprises with Regard to Human Rights B. Potential Domestic Liability of Corporations for Human Rights Abuses Ralph Steinhardt, Laying One Bankrupt Critique to Rest: Sosa v. Alvarez Machain and the Future of International Human Rights Litigation in U.S. Courts Wiwa v. Royal Dutch Petroleum Co. and Shell Transport & Trading Co. P.L.C. C. A Response from Business SustainAbility, The Changing Landscape of Liability: A Director(s Guide to Trends in Corporate Environmental, Social and Economic Liability Comments and Questions IV. Do International Organizations Have Human Rights Obligations? A. International Financial Institutions IBRD/World Bank, Development and Human Rights: The Role of the World Bank Kelly Currah et al., Doing The Rights Thing? The World Bank and The Human Rights Of People Living In Poverty B. The World Trade Organization Robert Howse and Makau Mutua, Protecting Human Rights in a Global Economy: Challenges for the World Trade Organization World Trade Organization, Trade and Labour Standards Agreement reached on WTO waiver for (conflict diamonds( under the Kimberley Process Certification Scheme for Rough Diamonds C. Intellectual Property Issues Committee on Economic, Social and Cultural Rights, Protection of Intellectual Property Under The TRIPS Agreement World Trade Organization, Declaration On The Trips Agreement And Public Health Report of the High Commissioner for Human Rights, Liberalization of trade in services and human rights Comm'n H.R., The right of everyone to the enjoyment of the highest attainable standard of physical and mental health ** Comm'n H.R. Res. 2005/23, Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria D. Peacekeeping Report of the International Law Commission on its 56th Session Colum Lynch, U.N. Sexual Abuse Alleged in Congo, Peacekeepers Accused in Draft Report Report of the Secretary-General, UN Special Measures for Protection from Sexual Exploitation and Sexual Abuse Comments and Questions V. The Responsibility of Individuals for Human Rights Violations Erica-Irene A. Daes, Freedom of the Individual under Law: an Analysis of Article 29 of the Universal Declaration of Human Rights TO BE ADDED: EXTRACT FROM ALFONSO MARTINEZ STUDY Comments and Questions VI. Final Comments and Questions Chapter 6 DOMESTIC ENFORCEMENT MECHANISMS Are States¿ Courts Bound to Apply International Human Rights Norms? I. Introduction: The Relationship Between International and Domestic Legal Systems II. U.S. Courts and the Right of Juvenile Offenders Not to be Executed A. Finding the Parameters of Domestic Legal Protections in Light of International Norms Roper v. Simmons Harold Hongju Koh, Review Essay: Why Do Nations Obey International Law Comments and Questions B. The Application of Treaty Provisions by Domestic Courts 1. Judicial Treatment of Reservations to Multilateral Treaties Domingues v State of Nevada Curtis A. Bradley, The Juvenile Death Penalty and International Law 2. The Doctrine of (Non) Self-Executing Treaties Note: The Fuji Case Sei Fujii v. State The U.S. Declarations of Non-Self-Execution Hamdan v Rumsfeld Comments and Questions C. The Judicial Application of Customary International Law Brief for the Human Rights Committee of the Bar of England and Wales, Human Rights Watch, Human Rights Advocates, Human Rights Watch, and the World Organization for Human Rights as Amici Curiae in Support of Respondents Joan Fitzpatrick, The Role of Domestic Courts in Enforcing International Human Rights Law Customary International Law under the Alien Tort Statute ¿ Filartiga and Beyond Filartiga v Peña-Irala Sosa v. Alvarez-Machain Comments and Questions Note: The State Action and Act of State Doctrines Note: Foreign Sovereign Immunity III. The Justiciability of Economic, Social, and Cultural Rights Committee on Economic, Cultural, and Social rights, The right to the highest attainable standard of health Minister of Health et al. v. Treatment Action Campaign et al. Comments and Questions Note: The Use of International Human Rights Law in Foreign Jurisdictions Supreme Court of the Russian Federation, Decision on the applicability by ordinary courts of the universally recognized principles and norms of international law and the international treaties of the Russian Federation IV. Final Comments and Questions Chapter 7 UN MECHANISMS FOR ADDRESSING VIOLATIONS OF HUMAN RIGHTS What Petition and Other Procedures are Available for Implementing Human Rights Standards? Introduction I. The Situation in Greece: An Early Test Case A. Resolution 1503: High Expectations B. Historical Note Greece: Justice in Blinkers Human Rights Report on Greece Communication Alleging Violation of Human Rights in Greece C. The Sub-Commissions Response to the Communication Disappointing Start to New U.N. Procedure on Human Rights D. The Reaction of the Greek Regime Letter Dated 12 August 1973 from the Permanent Representative of Greece to the United Nations Addressed to the Secretary-General E. The Overthrow of the Greek Regime and the Sub-Commission(s Role Therein Statement by Amnesty International and the International Student Movement for the UN II. Analyzing the Procedures and Problems of Resolution 1503 Frank C. Newman, The New U.N. Procedures for Human Rights Complaints: Reform, Status Quo, or Chamber of Horrors? Philip Alston, The Commission on Human Rights Nigel S. Rodley and David Weissbrodt, United Nations Nontreaty Procedures for Dealing with Human Rights Violations Report of the independent expert of the Commission on Human Rights [Charlotte Abaka] on the situation of human rights in Liberia submitted under the 1503 procedure III. Other UN Mechanisms for Investigating Alleged Human Rights Abuses A. Petition Procedures B. Non-Petition Procedures Philip Alston, The Commission on Human Rights Commission on Human Rights, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Commission on Human Rights, Question of Arbitrary Detention Commission on Human Rights, Human rights and indigenous issues Office of the High Commissioner for Human Rights, The Working Group on Arbitrary Detention Report of the twelfth meeting of special rapporteurs/representatives, independent experts and chairpersons of working groups of the special procedures of the Commission on Human Rights and of the advisory services programme Comments and Questions IV. Monitoring the Implementation of UN Human Rights Treaties A. Monitoring bodies B. State Reporting Office Of The United Nations High Commissioner For Human Rights, Effective Functioning Of Human Rights Mechanisms Treaty Bodies Dinah Shelton, Compliance Mechanisms [Periodic Reports] Congressional Record, S 8400-8401 C. Individual Communications Toonen v. Australia Note: Should there be an Optional Protocol to the Covenant on Economic, Social and Cultural Rights? D. Interstate Complaints E. General Comments F. Strengthening the Treaty System Final Report on Enhancing the Long-Term Effectiveness of the United Nations Human Rights Treaty System General Assembly Res. 57/202, Effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights Office Of The United Nations High Commissioner For Human Rights, Effective Functioning Of Human Rights Mechanisms Treaty Bodies Comments and Questions VI. Final Comments and Questions Chapter 8 THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS Can Regional Systems to Protect Human Rights Be More Effective than UN Mechanisms? I. Universal and Regional Norms Dinah Shelton, The Promise of Regional Human Rights Systems II. The Council of Europe and the European Convention on Human Rights Dinah Shelton, The Boundaries of Human Rights Jurisdiction in Europe A. Jurisdiction Note: Civilian Deaths in Iraq Bankovic and Others v. Belgium and Others Issa and Others v. Turkey Al-Adsani v United Kingdom Comments and Questions B. The Interpretation and Application of Substantive Rights in the European Convention: Freedom of Expression Handyside v. United Kingdom Jersild v. Denmark Otto-Preminger-Institut v. Austria Note: Other Substantive Rights Comments and Questions C. Seeking Compliance with European Human Rights Norms 1. Monitoring Judgments of the European Court of Human Rights Council of Europe Committee of Ministers to supervise the execution of the Human Rights Court's judgments Council of Europe Council of Europe Parliamentary Assembly Resolution 1226 (2000), Execution of judgments of the European Court of Human Rights Council of European Parliamentary Assembly, Resolution 1411 (2004), Implementation of decisions of the European Court of Human Rights 2. Monitoring other human rights obligations of members of the Council of Europe Committee of Ministers, Declaration on Compliance with Commitments accepted by Member States of the Council of Europe Procedure for Implementing the Declaration of 10 November 1994, on Compliance with Commitments Accepted by Member States of the Council of Europe Note: The Case of Georgia Parliamentary Assembly, Georgia's application for membership of the Council of Europe Parliamentary Assembly, Resolution 1257 (2001) of Sept. 25, 2001: Honouring of obligations and commitments by Georgia Compliance with commitments and obligations: the situation in Georgia Comments and Questions D. The Present Crisis and the Future of the System Explanatory report to the [draft] Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the Convention's control system Resolution (2004) 3, on judgments revealing an underlying systemic problem Comments and Questions III. Other Human Rights Activities of the Council of Europe, European Union, and Organization for Security and Cooperation in Europe Dinah Shelton, The Boundaries of Human Rights Jurisdiction in Europe Comments and Questions IV. Final Comments and Questions Chapter 9 HUMAN RIGHTS IN THE AMERICAS Responding to Disappearances in Argentina I. Human Rights in Argentina Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Argentina II. Evolution of the Human Rights System in the Americas Cecelia Medina, The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights: Reflections on a Joint Venture Inter-American Court of Human Rights, Interpretation of the American Declaration of the Rights and Duties of Man within the Framework of Article 64 of the American Convention on Human Rights Note: Advisory Opinions of the Court Comments and Questions III. The Response of the System to Disappearances in Argentina A. Country Reports Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Argentina Thomas Buergenthal, Robert Norris, and Dinah Shelton, Protecting Human Rights in the Americas, Selected Problems Report on the Situation of Human Rights in Argentina Comments and Questions B. Individual Petitions Dinah Shelton, The Inter-American Human Rights System 1. Provisional Measures Reggiardo Tolosa Case, Order of the President of the Inter-American Court of Human Rights of November 19, 1993 2. Admissibility and Merits Res. Nº 31/78, Case 2553, (Argentina), decision of Nov. 18, 1978 Association of the Bar of the City of New York, Committee on International Human Rights, The Inter-American Commission: A Promise Unfulfilled Note: The Concept of Continuing Violations Blake v. Guatemala (Preliminary Objections) 3. Friendly Settlement Report No. 21/00, Case 12.059, Carmen Aguiar De Lapacó (Argentina) Comments and Questions Compliance with the Recommendations of the IACHR Inter-American Commission on Human Rights, Annual Report 2004 D. Resolutions of OAS political bodies Thomas Buergenthal, The Inter-American System for the Protection of Human Rights Resolution of the XVII Meeting of Consultation, E. Proceedings before the Inter-American Court Reparations Inter-American Court of Human Rights, Garrido And Baigorria Case (Reparations) (Art. 63(1) of The American Convention on Human Rights) Comments and Questions IV. The United States and the Inter-American System Note: Voting Rights and Self-Determination in the Americas Inter-American Commission on Human Rights, Report 98/03, Case 11.204, Statehood Solidarity Committee (United States) Comments and Questions V. Final Comments and Questions Chapter 10 COERCING COMPLIANCE WITH HUMAN RIGHTS NORMS: SANCTIONS AND ARMED INTERVENTION Can the international community prevent human rights violations by threatening or using force? I. Disaster in Darfur Mission to the Sudan - The Darfur crisis, Report of the Representative of the Secretary-General on internally displaced persons, Francis M. Deng II. Economic Sanctions A. The League of Nations B. The UN Charter and Southern Rhodesia Myers S. McDougal and W. Michael Reisman, Rhodesia and the United Nations: The Lawfulness of International Concern Dean Acheson, The Arrogance of International Lawyers C. Modern UN Sanctions Security Council Resolution 661 Committee on Economic, Social, and Cultural Rights, The relationship between economic sanctions and respect for economic, social and cultural rights UN Sub-Commission on the Promotion and Protection of Human Rights, The adverse consequences of economic sanctions on the enjoyment of human rights Thomas G. Weiss, Sanctions as a Foreign Policy Tool: Weighing Humanitarian Impulses August Reinisch, Developing Human Rights and Humanitarian Law Accountability of the Security Council for the Imposition of Economic Sanctions Note: Regional or Unilateral Sanctions Comments and Questions III. U.S. Implementation of International Sanctions Note: The Legal Framework Legislative Reference Service, Library of Congress, The United Nations Participation Act Sections Relating to Economic and Military Action Diggs v. Shultz Kenneth Roth, Executive Director of Human Rights Watch, The Role of U.S. Sanctions Policies in Promoting Human Rights Note: Think Globally, Act Locally: Local and State-sponsored Sanctions Crosby v. National Foreign Trade Council Comments and Questions IV. Armed Intervention A. Intervention by the United Nations 1. Somalia Sean D. Murphy, Humanitarian Intervention: The United Nations I n an Evolving World Order 2. Haiti Security Council Resolution 940 Security Council Resolution 1542 Todd Howland, op-ed, In Haiti, rhetoric trumps human rights 3. The Consequences of Non-Intervention: Rwanda Report of the Independent Inquiry into the Actions of the United Nations during the 1994 Genocide in Rwanda B. Unilateral or Regional Intervention 1. The Consequences of Intervention: Kosovo Independent International Commission on Kosovo, Kosovo Report Note: The Second Gulf War C. Proposed Criteria for Armed Intervention The Responsibility to Protect D. Comments and Questions V. The International Response to Darfur Acting High Commissioner for Human Rights Bertrand Ramcharan, Statement to the UN Security Council The Crisis in Darfur, Statement of Secretary of State Colin Powell before the Senate Foreign Relations Committee Transcript of the Candidates First Debate in the 2004 Presidential Campaign Comments and Questions VI. Final Comments and Questions Chapter 11 INTERNATIONAL CRIMINAL LAW Can we deter human rights violations by using the criminal justice process? I. Introduction II. The 1973 Coup in Chile and Its Aftermath A. Pinochet in Power B. Pinochet Indicted III. Efforts to Bring the International Criminal Justice Process to Bear upon Human Rights Violators Antonio Cassese, International Criminal Law John Carey, UN Protection of Civil and Political Rights Steven R. Ratner and Jason S. Abrams, Accountability for Human Rights Atrocities in International Law A. The Yugoslav War Crimes Tribunal Diane Orentlicher, Yugoslavia War Crimes Tribunal B. The International Tribunal for Rwanda Christina M. Carroll, An Assessment of the Role and Effectiveness of the International Criminal Tribunal for Rwanda and the Rwandan National Justice System in dealing with the Mass Atrocities of 1994 Kingsley Chiedu Moghalu, The Evolving Architecture of International Law: Image and Reality of War Crimes Justice: External Perceptions of the International Criminal Tribunal for Rwanda C. Other Country-specific Tribunals Note: The Special Court for Sierra Leone Note: "Extraordinary Chambers" in Cambodia Comments and Questions IV. The International Criminal Court Philippe Kirsch and Valerie Oosterveld, Negotiating an Institution for the TwentyFirst Century: Multilateral Diplomacy and the International Criminal Court Global rights? [A Debate between A.C. Grayling and David Rieff] A. U.S. Attitudes Toward an International Criminal Court B. The United States Signs and "Unsigns" the ICC Statute President Clinton, Statement on Signature of the International Criminal Court Treaty Letter from Under-Secretary of State John R. Bolton to the Secretary-General of the United Nations Under Secretary of State of Political Affairs Marc Grossman, American Foreign Policy and the International Criminal Court Jack Goldsmith, The SelfDefeating International Criminal Court C. Exempting the United States from ICC Jurisdiction Statute of the International Criminal Court David J. Scheffer, Original Intent at The Global Criminal Court Note: The Early Work of the ICC Comments and Questions V. Universal Jurisdiction Menno Kamminga, Lessons Learned from the Exercise of Universal Jurisdiction in Respect of Gross Human Rights Offenses Diane Orentlicher, Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles Note: The Belgian Experience Steven R. Ratner, Editorial Comment, Belgium's War Crimes Statute: A Postmortem Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) (joint separate opinion of Judges Higgins, Kooijmans, and Buergenthal) Comments and Questions VI. The "Piecemeal" Convention Approach Coupled with Domestic Enforcement A. Slavery and Apartheid B. Torture C. Terrorism D. Other Transnational Crimes VII. The Exercise of National Jurisdiction under Domestic Law: Amnesties and Prosecutions Note: Human Rights Prosecutions in Argentina Diane Orentlicher, Settling Accounts: The Duty To Prosecute Human Rights Violations of a Prior Regime Note: Non-judicial Alternatives Arthur Asiimwe, Rwanda Estimates 1 Million Face Genocide Charges Comments and Questions VIII. Final Comments and Questions Chapter 12 THE PROBLEM OF FACT-FINDING AND EVIDENCE How are Human Rights Violations Investigated? I. The Challenge: To Find Out What Is Really Happening II. Gathering the Facts: Allegations of Judicial Persecution of Mapuche leaders in Chile A. Fact-Finding by Nongovernmental Organizations International Federation for Human Rights Diane Orentlicher, Bearing Witness: The Art and Science of Human Rights Fact-Finding Hans Thoolen and Berth Verstappen, Human Rights Missions: to Study of the Fact-Finding Practice of Non-Governmental Organizations Hurst Hannum, Fact-Finding by Non-Governmental Human Rights Organizations Andrew F. Smith, International Conflict and the Media, A Curriculum Guide: Incubator Baby Incident B. Fact-Finding by the UN and other Inter-Governmental Organizations Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen (Addendum: Mission to Chile) Government of Chile, Report I ¿ Recommendations of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Chileans Report on the situation of human rights in Myanmar, submitted by Mr. Paulo Sérgio Pinheiro, Special Rapporteur M. Cherif Bassiouni, Appraising UN Justice-Related Fact-Finding Missions C. The Need for General Standards for Fact-Finding by Intergovernmental Organizations Office of the High Commissioner for Human Rights, Training Manual on Human Rights Monitoring **(original had bold) Belgrade Minimal Rules of Procedure for International Human Rights Fact-Finding Missions D. Fact-Finding by Judicial and Quasi-Judicial Bodies Inter-American Court of Human Rights, Case of the Mayagna (Sumo) Community of Awas Tingni: Transcript of the public hearing on the merits, November 16, 17, and 18, 2000, at the seat of the Court (unofficial translation) Comments and Questions III. Evaluating the Facts A. Admissibility and Evaluation of Evidence The Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua Vel squez Rodríguez v. Honduras B. The Burden and Standard of Proof Bertrand G. Ramcharan, Evidence Vel squez Rodríguez v. Honduras Gangaram Panday v. Suriname Bleier v. Uruguay Sevtap Veznedaro?lu v. Turkey Comments and Questions IV. Final Comments and Questions Chapter 13 HUMAN RIGHTS AND FOREIGN POLICY The United States-China Relationship I. Human Rights and U.S. Foreign Policy Kenneth Cmiel, The Emergence of Human Rights Politics in the United States Richard B. Bilder, Human Rights and U.S. Foreign Policy: Short-Term Prospects A. Congressional Action: Laying the Foundation Richard B. Lillich, U.S. Foreign Policy, Human Rights, and Foreign Trade and Investment in Private Investors Abroad - Problems and Solutions B. Presidential Human Rights Policies and their Critics, 1975 - 2005 1. Almost at the Beginning: President Carter Cyrus R. Vance, Human Rights and Foreign Policy Henry A. Kissinger, Continuity and Change in American Foreign Policy U.S. Institute for Peace, U.S. Human Rights Policy: A 20 Year Assessment Orville H. Schell Jr., Carter on Rights - A Re-Evaluation 2. Selective Rights, Selective Application: The Reagan Administration International Commission of Jurists, Human Rights and U.S. Foreign Policy Art Buchwald, Moderate Repression International Commission of Jurists, Human Rights and U.S. Foreign Policy U.S. Institute of Peace, Human Rights in the Pursuit of Peace: A 20 Year Assessment Note: Key Differences in Human Rights Policy under Carter and Reagan Jerome J. Shestack, An Unsteady Focus: The Vulnerabilities of the Reagan Administration's Human Rights Policy 3. Turning Down the Volume: The First President Bush U.S. Institute for Peace, Human Rights and Peace: A 20 Year Assessment 4. Searching for a Policy: The Clinton Administration Human Rights Policy Under the New Administration, Statement of the Honorable Timothy E. Wirth, Counselor, U.S. Department of State John Shattuck, Human Rights and Democracy in Asia Mary McGrory, Human Rights Retreat 5. National Security, Regime Change, and Human Rights: George W. Bush Assistant Secretary of State for Democracy, Human Rights and Labor Lorne W. Craner, Supporting Human Rights and Democracy: The U.S. Record 2003-2004 Don Feder, Human Rights Not A Foreign Policy Concern Michael Ignatieff, Is the Human Rights Era Ending? Comments and Questions C. U.S. Foreign Policy, Human Rights, and Relations with China 1. The United States Evaluates the World: The State Department's Annual Reports on Human Rights U.S. State Department, Country Reports on Human Rights Practices: China China Lashes Out at Human Rights Report Information Office of the State Council of the People's Republic of China, The Human Rights Record of the United States in 2004 2. Multilateral Diplomacy at the UN Human Rights Commission Note verbale dated 14 March 2005 from the Permanent Mission of Cuba to the United Nations Office at Geneva addressed to the Office of the High Commissioner for Human Rights 3. Linkages and Conditionality: Using U.S. Economic and Political Power Remarks by Gov. William Clinton, A Vision for Democracy President¿s News Conference (May 26, 1994) Editorial, Speak Louder on Rights in China Director of the State Department's Policy Planning Staff Richard N. Haass, China and the Future of U.S.-China Relations George Kourous and Tom Barry, U.S. China Policy: Trade, Aid, and Human Rights William H. Overholt, Be Tougher on Burma Than China Comments and Questions Comments and Questions III. Human Rights Policies of Other States A. The European Union European Union, Guidelines on Human Rights Dialogues B. Japan Yozo Yokota and Chiyuki Aoi, Japan's Foreign Policy towards Human Rights: Uncertain Changes Japan, Ministry of Foreign Affairs, Human Rights Pamphlet Japanese Cooperation Partnership for Democratic Development (PDD) Contributions to the UN Funds on Human Rights Official Development Assistance Statement by H.E. Ambassador Shigeru Endo, Delegation of Japan, on Agenda Item 9: Question of the Violation of Human Rights and Fundamental Freedoms in Any Part of the World ++not highlighted in orig. Comments and Questions IV. Final Comments and Questions
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