Extrajudicial Killings Research Articles

Extra-judicial killings and human rights law: Bangladesh perspective

PurposeThe main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh.Design/methodology/approachThis is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights.FindingsThis paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family.Research limitations/implicationsWhile analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions.Originality/valueThis paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.

Is the Philippine “War on Drugs” an Act of Genocide?

ABSTRACTSince the newly elected Philippine president Rodrigo Duterte took office in June 2016, more than 7,000 deaths have been linked to his ongoing “war on drugs.” Despite international condemnation of extrajudicial and vigilante killings, the statistics show no sign of slowing down and the administration remains firm in eradicating people engaged in illegal drugs. This article inquires whether the Philippine “war on drugs” is an act of genocide using Gregory H. Stanton’s stages of genocide. Based on data drawn from news articles, policy issuances, government briefings, public speeches and available drug-related statistics, this article argues that Duterte’s rhetoric and policies satisfy the stages of classification, symbolization, dehumanization, organization, polarization, preparation, extermination and denial. The analysis in this article hopes to send a message to the international community, civil society and the Philippine government that the human rights situation related to the “war on drugs” in the Philippines needs to be addressed immediately. It also aims to demonstrate the utility of Stanton’s stages in identifying early warning signs of genocide.

The West Kingston/Tivoli Gardens Incursion in Kingston, Jamaica.

On May 24, 2010, 800 soldiers and 370 police officers stormed into Tivoli Gardens, an impoverished district in the capital of Jamaica. Their aim was to restore state authority in this part of Kingston and to arrest Christopher "Dudus" Coke, who was wanted for extradition to the United States on drug and arms trafficking charges. The incursion was the culmination of nine months of national political turmoil. The first aim was achieved, but the second was not, and only at great cost. Around 70 civilians and three members of the security forces were killed. The authors constituted a small group of international forensic pathologists who, at the request of the Public Defender and over a four-week period from mid-June, observed the autopsies of the civilians. This paper describes some of the outcomes of this work, set within the evaluation of the incursion by the Commission of Enquiry. The Enquiry concluded there was evidence of at least 15 extrajudicial killings and was highly critical of many other aspects of the operation and its aftermath.

Democratic Politics and Security Challenges in Nigeria: Retrospect and Prospect

Any critical assessment of the evolution of democratic politics and security challenges in Nigeria is most likely to point to a troubling political future. The country’s ethnic and religious cleavages are not just severe and enduring; they have become its principal Achilles heel. The deep divides in the Nigerian society is exacerbated by the militarised nature of the state which is characterised by the use (or threat) of violence to settle political conflicts, the legitimisation of state violence, the continued domination of military values over civilian life, the brazen violation of human rights, extrajudicial killings and the gross repression of the people. This chapter analyses the evolution of democratic politics and continuing lack of success in entrenching liberal democracy in Nigeria. By examining the underlying causes of Nigeria’s purported imperviousness to the revival of effective democracy, the paper hopes to identify pertinent security challenges that have coalesced to impede her path to political stability and development.

The Place of Boko-Haram Insurgency Under International Humanitarian Law

NIAC covers situations of violence taking place in the territory of one contracting party. The boko haram insurgency has taken its toll on Nigeria as a nation. The effect was much; there are high number of victims mostly civilians. Some were killed, others displaced while women and children were raped and force to marry against their will. There was also wanton destruction of property and pillage. There is no doubt that with all these atrocities committed by the boko haram members and the extra judicial killing by the military, the boko haram insurgency qualified as NIAC. It is worthy to state that recognition of NIAC status does not confer legitimacy to the cause and excess of either the insurgents or the government forces. The only thing that can justify resort to force by any armed group as rightly pointed out, is the legitimacy of their goals, the decency of their means and their ability to respect IHL. Of which I can unequivocally state are lacking in the case of boko haram. Finally, one can rightly opine that the violations of IHL are not due to the inadequacy of its rules, but rather to lack of willingness to respect them, or and also due to ignorance of the rules. Hence there is need for the government, NGOs and humanitarian organisations such as Red Cross to intensify efforts of disseminating rules of IHL in peace time.

Transforming Adversary to Ally: Mobilizing Corporate Power for Land Rights

The past decade has witnessed a surge in land grabs, or the large-scale transfer of land to investors in violation of the local populations’ free, prior, and informed consent (FPIC). An estimated 15 million people have been displaced annually as a result, with the Global South bearing the brunt of the loss. The attendant human rights violations have been devastating. From starvation to loss of income, false imprisonment to extrajudicial killings, the far-reaching impacts of land grabs can wreak havoc on a population for generations to come. Transnational corporations (TNCs) are the primary culprits behind such grabs. Conventional wisdom dictates that they have a financial incentive to steal land, but recent developments in the world of “corporate social responsibility” have called this into question. Ironically, TNCs’ mounting influence over governments means they may be the only actors that can safeguard land rights for future generations, and in turn, roll back the tide of global land grabs. This article explores the prospects of transforming TNCs into land rights champions, and advocates for civil society organizations to target companies as allies in a field where they have so often aligned as adversaries.

Civil-Military Relations in Turkey During the A.K Party Era

The Turkish military has been maintaining a pivotal role in the political system of Turkish state. It has gained larger power in the consolidation and control of the government since the establishment of modern Turkey in 1923 by Mustafa Kamal Ataturk. Turkish Military considered themselves as the guardian of Turkish secularism and national interest which have much reliance in Kemalism. This kind of responsible nature enable them to intervene in the civil governance and internal political system. The democratic consolidation cannot be achieved without the subordination of a country’s military to civilian control and its allegiance to the democratic constitutional order. Turkey has been considered as a 'deep state' which associated with authoritarian, criminal, and corrupt segments of the state that function in a democratic regime by exploiting and reproducing its deficiencies. At the same time, the deep state derives legitimacy from that political regime in exerting a coup threat, instigating military interventions, and committing organized crime and extra-judicial killings within the boundaries of the formal security apparatus. But military's influence has been decreased in the essence since the emergence of AK Party (Adalet ve Kalkinma Partisi) as the ruling power in 2002. Various means of containment taken by the ruling party mostly contributed to the gaining power of civil supremacy. This paper will analyze the civil-military relations in Turkey during the rule of AK Party.

Editor’s Note

Harsh punishment, militarized policing, and extrajudicial killings do not make societies safer, writes Christopher Shay. Yet, even in countries where criminal justice remains elusive, grass-roots organizers, especially in concert with politicians and researchers, can hold governments to account.

초법적 살해(extrajudicial killing), 위험관리의 아웃소싱? : 필리핀 주민지도자의 죽음을 사례로

초법적 살해(extrajudicial killing), 위험관리의 아웃소싱? : 필리핀 주민지도자의 죽음을 사례로

Counterterrorist Legislation and Respect for Civil Liberties: An Inevitable Collision?

ABSTRACTThe literature on counterterrorist measures often emphasizes the potential harmful effects of such measures on human rights and civil liberties. While recent research has examined the effects of counterterrorist legislation on the violation of physical integrity rights (e.g., torture and extrajudicial killings), no quantitative cross-national study has looked at the consequences for civil liberties. Still, case studies in a variety of countries suggest that counterterrorist legislation indeed leads to various infringements of liberties such as the freedoms of expression, religion, assembly, and movement. We conduct a cross-national time series analysis of counterterrorist legislation and consequent repression of civil liberties for the years 1976–2009. We find that the effects of legislation vary by levels of initial repression. Legislation has a negative effect on respect for civil liberties in countries with moderate levels of repression. However, this effect diminishes in non-repressive countries and reverses in countries with high levels of repression.

Against Conduct-Based Immunity in Civil Actions Arising Under the Torture Victim Protection Act

On October 13, 2016, former Israeli Minister of Defense, Ehud Barak, was granted immunity and dismissed from a civil action alleging he violated the Torture Victim Protection Act of 1991 (TVPA) by authorizing the torture and extrajudicial killing of an American citizen. Both the government of Israel and the United States Department of State called on the court to grant federal common law foreign official immunity by arguing that Barak was protected from suit because he acted “in his official capacity.” The TVPA, however, permits legal action against foreign defendants who have acted in such a capacity—namely, “under actual or apparent authority, or color of law, of any foreign nation.” Nevertheless, the court determined that the TVPA did not abrogate federal common law immunity “where the sovereign state officially acknowledges and embraces the official’s acts,” allowing the court to also avoid the complicated question of whether the executive branch has the power to order a court to grant immunity. This article argues that the text and legislative history of the TVPA prohibit federal common law conduct-based immunity. First, the mere assertion that a TVPA defendant acted “in his official capacity” is not sufficient to dismiss allegations of torture or extrajudicial killing because the TVPA requires such capacity as a prerequisite to liability. Second, the Act’s legislative history, which directs federal courts to look to 42 U.S.C. § 1983 actions for guidance regarding the immunities available to TVPA defendants, demonstrates Congress’ intent to allow government officials to be held personally liable for acts undertaken in an official capacity—regardless of a foreign state’s acknowledgment or embracement. Finally, while federal courts have an interest in avoiding conflict with the executive branch in cases involving foreign affairs, the executive branch lacks the power to mandate conduct-based foreign official immunity—especially when, as here, the executive branch asserts an incorrect interpretation of federal law.

Born Into Occupation, Fighting for Basic Human Rights

Born Into Occupation, Fighting for Basic Human Rights

Extra-Judicial Killing and the Role of International Criminal Court

The Extra Judicial killing’s root was emancipated from the very own king of atrocities i.e. Adolf Hitler who has institutionalized killing in the name of pure breed and extracting revenge from the mayhem created by the negating effect of the first World War and yet the International Authority failed to take imperative measures against the extra-judicial executions thereby leading to the commencement of the World War II. There have been so many instances lately which clearly entail the saga of the world powerful enigmas by using their domination to suppress the weaker section and thereby drunk in the power and being devoid of any fear authority unmistakably perpetuate the commission of the most heinous crime one can think of and there is nobody, no authority who can keep check on their effervescent ways.

Extrajudicial Killing by Law Enforcement Agencies and Quest for Justice: Bangladesh Perspective

The right to life is one of the fundamental and universal rights all over the world. This essay explores extrajudicial killing by law enforcement agencies in Bangladesh between 2011 and 2016 and at stake is the question: what are the justifications for extrajudicial killing under domestic and human rights law? This essay will try to examine some causes of extrajudicial killings with recommendations. The key sources of this study include textbooks, articles, relevant national and international legislations, and online documentations and human rights organizations reports.

Breaking Down the “Walls of Whiteness”: Strategies for Teaching about Race and Social Justice in a “Very Black Year”

Breaking Down the “Walls of Whiteness”: Strategies for Teaching about Race and Social Justice in a “Very Black Year” La Donna L. Forsgren (bio) “Defined by feel-good highs . . . devastating lows . . . and reasons to believe in a better day . . ., 2015 was beautifully, painfully and undeniably impactful for African Americans.” —Jamilah Lemieux and Rembert Browne Introduction How does one teach an African American theatre and performance survey course to predominately white students during a particularly painful year of social injustice? While extrajudicial killings of black men and women have long been a critical topic within black nationalist discourse, African American dramatic literature, and everyday conversations among African Americans, this concern has only recently resurfaced within mainstream American media. Journalists Jamilah Lemieux and Rembert Browne mark 2015 as a “very black year” due to the efforts of African Americans to use social media to challenge white hegemony in US politics, culture, and entertainment (27). Indeed, social media provides an unprecedented platform for African Americans to upload videos, discuss issues pertinent to their lives, and respond to the world around them. The rise of social media has created an important ontological space for the next generation of African Americans activists and their allies; social media also breaks down spatial walls, allowing those who have little-to-no contact with nonwhites to actually view footage—from a safe distance—of extralegal killings of African Americans. While often intended to provide concrete “proof” of racial injustice, these videos also desensitize viewers to racial violence and are quickly co-opted to justify the assault on black bodies.1 Considering this current state of affairs, how can instructors put reluctant white students at ease so that they feel comfortable engaging with issues of race and social justice, yet also use race-based stress to challenge dangerous ideologies and behaviors? I taught the survey course at the University of Oregon, a historically white university and college (HWCU), during this firestorm of racial tension.2 The term HWCU refers to “an institution of higher education whose histories, traditions, symbols, stories, icons, curriculum, and processes were all designed by whites, for whites, to reproduce whiteness via a white experience at the exclusion of others who, since the 1950s and 1960s, have been allowed in such spaces” (Brunsma et al. 719). As a HWCU, the University of Oregon continues to lack substantial black or African American presence among the administration, faculty, and student population. With a total enrollment of 24,125 during the 2015–16 academic year, only 472 black students and less than five black theatre majors enrolled at the university (Office of the Registrar). Before the class even began I knew that statistically, the majority, if not all, of my students would be white. Furthermore, as one of only twelve black or African American tenure-related faculty members, I also knew that few students had the opportunity to engage with a black woman intellectual (Office of Institutional Research). These factors alone compelled me to thoughtfully consider the impact of my own presence in the classroom, strategize [End Page 151] effective ways to teach sensitive subject matter, and find ways to engage students from a variety of standpoints about race and social justice. Despite these challenges, teaching African American Theatre and Performance to predominately white students in a very black year became one of the most rewarding experiences of my career. I know that I am not alone in my efforts, as teachers of all races engage students of all races in conversations about the complexities of race and social injustice in the United States. While I draw from my own positionality as an African American instructor teaching white students, this essay is intended to serve as a resource for any instructor who wants to engage reluctant students (of various backgrounds) about the importance of race and social justice within the African American performance tradition. This essay incorporates the sociological findings of David Brunsma, Eric Brown, and Peggy Placier; Robin DiAngelo’s concept of “white fragility”; and the pedagogical theories of black feminist scholar bell hooks to offer strategies for teaching about race and social justice from within African American theatre and performance traditions. In keeping with hooks’s theories...

Nonjudicial Punishments of Political Offenses in North Korea—With a Focus on Kwanriso†

Torture, extrajudicial killings and disappearances, suppression of the freedom of expression and association, and other breaches of fundamental human rights are widespread and systematic in North Korea. The United Nations Human Rights Council established the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea in 2013, and the Commission’s report confirmed that widespread and grave violations of human rights are being committed in the country. As an effort to analyze the origins of human rights violations in North Korea, this Article examines the country’s penal system by cross-referencing North Korean statutes and defectors’ testimonies. By comparing what the law stipulates with how the procedure is actually practiced, this Article attempts to illustrate how the North Korean penal law system is especially reliant on nonjudicial punishment of political offenses through kwanriso camps, which admit a great number of political offenders and their families without going through the regular judicial process.

The Effects of Human Rights on Economic Growth, 1965 to 2010

A long-standing research question asks whether democracy promotes or inhibits development, but relatively few studies explore the developmental consequences of human rights. I analyze the effect of respect for bodily integrity rights and civil liberties on economic growth rates, measured as percentage changes in gross domestic product over pooled five-year intervals, for 138 countries between 1965 and 2010. Bodily integrity rights entail fundamental protections against torture, political imprisonment, extrajudicial killing, and disappearances. Civil liberties include the freedoms of speech, assembly, religion, and movement. The analyses make use of estimators designed to isolate causal directionality. I find that improvements in countries’ rated bodily integrity practices boost economic growth rates, even after accounting for other important explanatory factors and the possibility of reverse causality. Additional analyses suggest that this effect operates largely through increased domestic investment. Static levels in bodily integrity scores, conversely, have no effect on growth; neither do static levels of or dynamic changes in civil liberties.

Targeted Killings

Though International Criminal Law evolves, its evolution needs a careful, considered and consensus among its members through either customs, treaty or other recognized source of international law. The emergence of targeted killings is not clear whether it is a legally accepted counter terrorism policy or a form of extra-judicial killing, thus leaving the jurists undecided; either to criminalize or embrace it as a defence in international criminal law. In a bid to protect national security, many governments have intensified the efforts to counter the terrorists’ threats and attacks. Resorting to employing target killings is one of such attempts of counterterrorism that has created a sharp divide between those who support and those who oppose targeted killings by contending that it is resplendent with numerous human rights abuses. This paper discusses the extent to which targeted killing has been applied in the contemporary society, the arguments for and against, as well as its legality and legitimacy under international law.

Human Rights and the Individual: Cross-Cultural Variation in Human Rights Scores, 1980 to 2010

This study analyzes patterns of cross-cultural variability and convergence in two categories of human rights: bodily integrity (protection from torture, extrajudicial killing, and other forms of physical repression) and civil liberties (the freedoms of expression, assembly, movement, and religion). Countries are delineated into twelve cultural zones based primarily on predominant religious tradition and secondarily on geographical region. The core hypothesis predicts that respect for bodily integrity rights, which seeks to protect biological beings from physical harm, will vary less across cultures than respect for civil liberties, which empowers social and cultural entities to be self-determining agents. Individuals’ capacity for pain and suffering is thought to be universal, but conceptions of the bounded and autonomous actor are culturally constructed and hence variable across cultures. Statistical analyses support this hypothesis: compared with civil liberties scores, cross-cultural variation in bodily integrity scores is much lower and also less durable in the presence of control variables. Moreover, whereas civil liberties scores are substantially higher in Western countries than in the rest of the world, cross-cultural variability in bodily integrity scores is gradational rather than polarized.

Southern Sudanese Women's Resistance to State Crime

This article will show that oral histories of South Sudanese 1 women elders, living in the Australian diaspora, contain accounts of state crime perpetrated against Sudan's southern population during that country's second civil war (1983–2005) by the Government of Sudan (GoS). Crimes include genocidal attacks on rural communities that involved killings, rape and enslavement. The bombing of displaced civilians, extrajudicial killings, unlawful imprisonment, and mass killings at border crossings were also mentioned by women elders in life histories recorded by The Anyikool Project (TAP) between 2012 and 2014 (Maher 2014). Green and Ward (2013) found that oral histories of members of civil society organizations (CSOs) contain histories of state crimes during civil conflict, and are therefore a potentially rich source of knowledge for researchers. Here, I posit that the oral histories of female survivors of civil conflict are an equally rich, but a largely untapped, source of information. The oral narratives of these women have much to offer our understanding of gendered resistance to state crimes during civil wars.