Gross Violations Of Human Rights Research Articles

HUMAN RIGHTS AND LAW ENFORCEMENT

Humans born into the world have declared their rights and natural rights as gifts from the Almighty, God and every State must recognize them as legal subjects who must always be respected and protected to realize human values ​​well. Therefore; no one can or can act negatively, including the state or even the authorities or the government. Conceptually, a country that is expected to realize it is only a legal state that is considered legitimate and adheres to the notion of democracy, namely democracy will become a rule and law. The realization of the rule of law is to take action against perpetrators who are proven to have committed crimes and human rights violations. This paper explains that there are still many cases of gross violations of human rights that have not been clearly revealed and the perpetrators have not been given appropriate punishment, by giving sanctions to the perpetrators, so that law enforcement is not realized. The embodiment of the rule of law is that it can capture cases of gross violators of human rights and convict the perpetrators in accordance with the laws that apply in accordance with the characteristics of the rule of law. The problem is whether law enforcement has been realized especially in human rights violations and can be resolved through negotiation, conciliation and mediation.

Anatomy of human rights violations at the Indo-Bangladesh borderlands

ABSTRACT This study investigates the factors affecting the violations of human rights at the borderlands between Bangladesh and India. It sheds a new light on the question: What are the main reasons behind the border killings between Bangladesh and India? Based on both official data and a field survey, it is argued that the issue of border killings is a gross violation of human rights. This study provides Bangladeshi perspectives on the issue of border killings and deaths. A section of India’s Border Security Force (BSF) is the main violator of human rights at the borderlands between the two countries. The continued culture of border killings hampers the bilateral relationships between India and Bangladesh by creating a climate of fear and mutual mistrust. A conceptual framework is proposed to provide a deeper understanding of border killings. The findings reveal the nature and causes of killings of Bangladeshi people by India’s BSF. Cross-border migrations, illicit economic activities, the Indian fence scheme, border disputes and the BSF’s ‘shoot-to-kill’ policies are, among other factors, principal reasons for border killings. This empirical analysis of Indo-Bangladesh border killings might contribute to the development of a border theory.

WOMEN RIGHTS FULFILLMENT AS THE VICTIM OF GROSS HUMAN RIGHTS VIOLATION: URGENCY FOR THE SEXUAL VIOLENCE ERADICATION BILL

Heretofore in Indonesia, cases of gross violation of human rights have faced an indefinite stagnation of justice. Although the Indonesian government has ratified international human rights conventions and enacted its own system of human rights law, such laws have proven unable to fulfill the restoration of justice toward these victims in two particular aspects: convictions against the perpetrators and reparations for the victims. This article focuses on fulfilling the rights of women victims of past gross human rights violations. It will be based on normative legal research by which the existing laws are critically analyzed in order to expose the legal gaps which might have contributed to the inability of these laws to restore justice and the victims’ well-being. Furthermore, the article stresses an urgency upon the enactment of the Sexual Violence Eradication Bill. It contends that the Sexual Violence Eradication Bill is an essential first step for the fulfillment of women victims’ rights, inasmuch as the bill includes an exhaustive mechanism of penal provisions against sexual crimes under various circumstances, including as part of gross human rights violations.

A pension for injured victims of the Troubles: reparations or reifying victim hierarchy?

Reparations have been often-used victim-centred measures to redress both private harm and gross violations of human rights. However, with the increasing occurrence of internal armed conflict and political violence, identities of victims and perpetrators in protracted conflicts can become blurred for some individuals. In countries like Peru and Northern Ireland that have suffered protracted violence, victimhood has been contested around which individuals are seen as innocent and deserving in order to exclude any members of non-state armed groups from claiming reparations. This article explores the issue of a proposed Bill on a pension for injured victims of the Troubles in Northern Ireland. It identifies that there is no consistent state practice or human rights jurisprudence in this area, but instead offers a more complex approach through four models that can grapple with the seeming diametrically opposed victimhood and responsibility, by including victimised perpetrators in reparations programmes such as that proposed for a pension for seriously injured victims in Northern Ireland.

AMNESTY FOR COUP PERPETRATORS IN FIJI: CREATING PEACE OR POTENTIAL FOR FUTURE CONFLICT

In many countries that have experienced coups d’etat, the coup executors, particularly senior ranking personnel of the state military, granted themselves some form of amnesty and/or impunity from prosecution. While this is effective in achieving short-term peace, sustainable peace remains elusive. This paper challenges the issues surrounding the question of amnesty within such settings, and considers the significance of this neglect. Additionally, most studies do not address the issue of amnesty and impunity for political crimes as the international focus tends to be mostly on gross violation of human rights. However, conflicts in most small island developing states (SIDS) do not reach the intensity to produce such gross violations of human rights though evidence shows that these conflicts can be equally costly to the country (Chauvet, et al, 2010, p. 976).

The Rohingya Refugee Crisis and Human Rights: What Should ASEAN Do?

This article will argue that there are three related issues of concern regarding the Rohingya crisis: (1) a singular focus on persecution and nationality in Myanmar; (2) statelessness and displacement in the region; and (3) grave human rights violations amounting to international crimes including genocide and crimes against humanity. This article will discuss active steps that ASEAN should take. To ensure that Myanmar will willingly accept the responsibility to address the source of the problem, the international community, particularly ASEAN, has to stand firm against Myanmar’s gross violation of human rights. At the same time, ASEAN must deal with the refugee crisis by formulating a workable regional framework. This article will deal with the underlying conflict paradigm in all refugee issues: how to reconcile state sovereignty vis-á-vis responsibility and how to ensure protection of both human rights and state security.

The US Torture of Detainees in Black Sites

In Belhaj the UK Supreme Court established that the State must investigate allegations of gross violations of human rights on the territory of another sovereign because of an emerging exception to sovereign state immunity. The decision raised complex questions of ‘justiciability’ in circumstances which are intensely political as well as raising questions having enormous consequences for international relations and state security. Belhaj demonstrates a decisive shift of a muscular approach to over-seeing national security at precisely the time when terrorism concerns are most heightened. The judicial obligation to uphold fundamental freedoms is recognized as being rooted in the Magna Carta. National security considerations by and in-themselves do not suggest a policy of judicial deference to the executive. The invocation of the foreign act of state doctrine, where torture is exercised, does not trump judicial redress in the regular courts.

Overview of Language Rights in the International Criminal Law Sentencing Models

This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international criminal law asserts that equal treatment before the law requires that there be no significant disparity in punishment regimes from one sentence-enforcing country to another, comparative penology shows that there are considerable differences in the conditions of confinement and the nature of correctional services in the prison systems of different countries. This has a direct impact on post-sentence procedural and rehabilitation rights of which language rights from a key part. In this specific context, and drawing from existing literature, the paper therefore examines the extent to which enforcement practice conforms to the ideal of equal treatment espoused by the tribunals.

Плакатна графіка міжвоєнної доби в радянській Україні.

The role of the poster in the formation of Soviet propaganda cannot be overstated. For a long time it remained the main visual means of propaganda for utopian Communist society, contributed to the formation of attitudes and behaviour of people. Politics and art of the USSR interrelated and interdependent, and the use of art as visual propaganda promoted the political goals of the party and the leader. Another thing is that way affiliated with art often had less artistic value because it expressed an aesthetic experience of its Creator. The ratio of art and politics depends primarily on the definition of priorities in the Soviet Union this priority was politics, not aesthetics. Thus, the aim of this work is to study the posters, created during the 1920’s–1930’s. as historical sources and specific examples of visual communication aimed at the implementation of propaganda and ideological influence. And at the end we will be assured that the government of the USSR had mastered the technique of «brainwashing», and the art served as «ideological processing workers in the spirit of socialism.» Victims of totalitarian propaganda believed incredible – esclusivi system or communism in 20 years and not see the obvious – carrying out rapid industrialization, the famine of 1932–1933 and gross violations of human rights.

Rights to restitution for child victim of criminal act under government regulation number 43 year 2017

The criminal act against children is a gross violation of human rights. The criminal act committed by the offenderis intolerable because it can affect their survival as well as growth and development. Therefore, the victim deserves legal protection. Restitution is one of forms of protection and fulfillment of the rights of the child to compensate any damages. So far, child victim of criminal act suffers not only material loss (countable) but also immaterial loss (uncountable) such as shame, loss of self-esteem, depression and/or traumatic anxiety.It is the fact that so far the rights of child victims to restitution are very often violated. Therefore, the child victim and his or her family feel that they do not given justice. It is hoped Government Regulation Number 43 Year 2017 will be able to give legal certainty to the victim to ensure that he or she can enjoy his or her rights to restitution for any loss he or she suffers as stipulated in Law Number 35 Year 2014 on the Revision of Law Number 23 Year 2002 on Child Protection. This research uses theory of justice as grand theory, law enforcement as middle range theory and theory of victimology as applied theory.

PENYIMPANGAN TERHADAP ASAS NON-RETROAKTIF DALAM PERKARA PELANGGARAN HAM BERAT

Indonesia has been criticized by the international community, especially the many actors who are considered responsible for some particularly of the gross violation of human rights that occurred in the past are allowed to live free from prosecution. With regard to the occurrence of the gross violations of human rights in the past there is a legal breakthrough in an effort to uncover and resolve cases the gross violations of human rights, namely the demise of a provision enacted criminal known as retroactive. It is stipulated in Article 43 Paragraph (1) Law No. 26 of 2000 concerning Human Rights Court. Efforts to impose a retroactive principle on one hand has been controversial because it is considered contrary to the principle of non retroactivity which is a manifestation of the principle of legality, which in principle is a provision that prohibits the enactment of the statute retroactively. But the other side of the principle of non retroactivity is also considered to be protecting the perpetrators to be free from prosecution and sentencing. Kata Kunci: Penyimpangan, Asas, Non-Retroaktif, Pelanggaran, HAM.

Starvation and Its Political Use in the Armenian Genocide

Starvation is widely recognized as a weapon of extreme mass violence, a gross violation of human rights, and a crime in international criminal law, yet forced starvation is still practiced today. Starvation was used as a political tool against Ukraine in the Holodomor, was part of Nazi strategy during World War II, and is one of the most readily identified aspects of the Armenian Genocide in the Ottoman Empire during the period 1915 to 1923. This study examines how starvation was used by the Young Turk regime as a deliberate policy against the Armenians, the Armenians' experience of starvation, and why starvation was chosen as a tool of genocide. Starvation was highly effective in the large number of Armenians that perished, and was deliberately chosen as a method of killing, partly for plausible deniability and partly for the prolonged suffering it caused, resulting in the eradication of Armenian identity.

Hariraj and Haider: Popular Entertainment and the Nation in Two Indian Adaptations of Hamlet

AbstractMy essay will examine how two Indian adaptations of Hamlet, separated by more than a century, engage with the canonical text and also rehearse codes of indigenous identity. The adaptations in question are (i) Hariraj, a Bengali play first staged in 1897 and (ii) Haider, a Hindi film released in 2014. These two adaptations operate within popular media: Hariraj was commercially the most successful stage adaptation of Shakespeare in 19th‐century Bengal, while Haider has been the highest grosser among all of director Vishal Bhardwaj's films. Coincidentally, both of these base the action in Kashmir. For Hariraj, the locale implies a pseudo‐medieval past suggestive of Hindu political autonomy, which would therefore appeal to the contemporary taste for Hindu revivalism in Bengal. As against this, Haider brings the elements of Shakespearean appropriation to a dialogue with the setting for its action – the militancy‐stricken and militarized (Indian) Kashmir of 1995, characterized by gross violation of human rights. If Haider explores the ideological and aesthetic limits of representing the Indian nation as a political construct, Hariraj may be seen as an exercise in imagining an exclusionary Hindu past imbued with the glamour of Shakespearean tragedy. More importantly, both of the adaptations show the Gertrude‐equivalent to be strong‐willed and transgressive, and in both the texts, the Gertrude‐figure's climactic revelation of maternal love coincides with a self‐punitive/redemptive suicide. These two adaptations are thus invested in re‐formulating the sub‐plot of Hamlet's mother in an attempt at testing the representational limits of femininity. In both the cases, the Shakespearean original acts as a catalyst for dramatizing cultural expectations and assessing the imbrications between the personal and the political.

Responsibility to protect, NATO and the problem of who should intervene: reassessing the intervention in Libya

ABSTRACTOne of the most challenging issues concerning the doctrine of the Responsibility to Protect (R2P) is ‘who should intervene’ in case of gross violations of human rights. After the intervention in Kosovo in 1999, the North Atlantic Treaty Organization (NATO) has been increasingly considered a legitimate actor to fulfil the duty to intervene for humanitarian reasons. In 2011, the first military intervention inspired by the R2P in Libya reinforced the appreciation of NATO as a viable enforcer of the doctrine. The paper problematizes the idea that NATO could be a straightforward solution to the problem of who should intervene. NATO's constitutive nature comprises aspects that are at odds with R2P as a normative scheme. In this regard, the paper delves into three aspects: (a) the controversial issue of ‘delegated authority’ from the UN to NATO; (b) the tension between the universalistic character of the R2P and the particularistic nature of NATO and (c) the military nature of the alliance and its consequent focus on security/military considerations that rarely, or just occasionally, match with humanitarian concerns. Finally, the paper analyses the intervention in Libya assessing the incongruities between NATO's military operations and the normative framework of R2P.

Standing in Between: The Healing Praxis of Mayan Women Intermediaries in Post-Genocide Guatemala

ABSTRACTThis article examines how Mayan intermediaries make meaning of their roles in accompanying Mayan women survivors of gross violations of human rights as they search for truth, justice, and reparation in post-genocide Guatemala. Using a constructivist grounded theory approach, the authors analyzed in-depth interviews with six intermediaries who worked with survivors in the context of a seven year feminist participatory and action research project. The findings reveal that healing from the legacies of armed conflict as well as from historical racialized gendered oppression are at the core of Mayan intermediaries’ work with the Mayan women survivors with whom they established an intersubjective relationship, contributing to each other’s healing. The importance of economic justice for survivors’ healing and the scant and circumscribed talk about sexual violence—the grievance central to the work with most of the survivors—emerge as important findings of this study and require future exploration.

The Climate Change and Human Rights Nexus in Africa

People in Sub-Saharan Africa are particularly vulnerable to the consequences of climate change because of a variety of factors, including poverty and the intensity of the effects of climate change on people whose livelihoods still largely depend on the land. The outcome is gross violations of human rights among the people of Africa. This study examines the link between climate change and human rights from an African perspective. It explores the international framework protecting the human rights of people severely affected by climate change in order to determine to what extent it adequately protects these rights. Drawing on examples from Zimbabwe, Nigeria and countries involved in armed conflict, the authors argue that African governments have responsibilities to protect fundamental human rights in the context of climate change. Recommendations are offered on how human rights can be more effectively protected in the era of climate change.

Gross Violation of Human Rights in Aceh: Patterns of Violence through the Indonesian Government’s Policy

Gross Violation of Human Rights in Aceh: Patterns of Violence through the Indonesian Government’s Policy

Quo usque tandem! Una interpretación de “genocidio” que priva a la Convención de sus efectos apropiados

In its recent judgment on the case “Application of the Convention for the Prevention and Punishment of the Crime of Genocide”, the International Court of Justice missed a historic opportunity to extend the margin of appreciation regarding the protection of individuals and Humanity. The ICJ consolidates a strict and restricted interpretation of the crime of genocide, contrary to the principles of International Human Rights Law and the precedents of the courts specialized in International Humanitarian Law and International Criminal Law. The opinion of the majority the defense of State sovereignty is placed above the humanitarian obligations of the State and gross violations of human rights. In Cancado Trindade’s words, the reason of State (raison d'Etat) prevailed over reasons of Humanity. This paper is intended to demonstrate that the interpretation of the crime of genocide by the ICJ deprives the thematic Convention of its appropriate effects which must be aimed at the protection of the human being.

Forcible Protection of Nationals Abroad and Humanitarian Intervention: Might or Right?

<p>The forcible protection of nationals abroad (a rescue mission) and humanitarian intervention (intervention of one state or a group of states in a territorial state where there is a threat or actual loss of life, forced migration or gross violation of human rights and which, at times, involves government replacement or nation building) are different doctrines which, in functional terms, overlap.</p><p>Since 1945, the <em>ius ad bellum</em> (the rules of international law governing the legality of the use of force) are stated in Articles 2(4) and 51 of the UN Charter. Since the end of the Cold War in 1989, some states and an increasing number of scholars have attempted to discard the prohibition of the use of force and to create new exceptions such as preventive war, pro-democratic intervention and unilateral intervention.</p>The objects of this article are: (i) to assess critically the attempt to drive a horse and a coach through the provisions of Articles 2(4) and 51 of the UN Charter; (ii) to show that a legal regime laid down by the UN Charter which is founded on a genuine <em>ius contra bellum </em>(law against war) remains unaffected; (iii) to show that the transmogrification of ‘political sovereignty’ to ‘popular sovereignty’ and the use of human rights as justifications for humanitarian intervention can be construed as a subterfuge; and (iv) to analyse the economic, political and strategic reasons for humanitarian intervention and to show how stretching international law to justify a ‘right’ is simply replaced by ‘might’.

Transgender social inclusion and equality: a pivotal path to development.

IntroductionThe rights of trans people are protected by a range of international and regional mechanisms. Yet, punitive national laws, policies and practices targeting transgender people, including complex procedures for changing identification documents, strip transgender people of their rights and limit access to justice. This results in gross violations of human rights on the part of state perpetrators and society at large. Transgender people's experience globally is that of extreme social exclusion that translates into increased vulnerability to HIV, other diseases, including mental health conditions, limited access to education and employment, and loss of opportunities for economic and social advancement. In addition, hatred and aggression towards a group of individuals who do not conform to social norms around gender manifest in frequent episodes of extreme violence towards transgender people. This violence often goes unpunished.DiscussionThe United Nations Development Programme (UNDP) views its work in the area of HIV through the lens of human rights and advances a range of development solutions such as poverty reduction, improved governance, active citizenship, and access to justice. This work directly relates to advancing the rights of transgender people. This manuscript lays out the various aspects of health, human rights, and development that frame transgender people's issues and outlines best practice solutions from transgender communities and governments around the globe on how to address these complex concerns. The examples provided in the manuscript can help guide UN agencies, governments, and transgender activists in achieving better standards of health, access to justice, and social inclusion for transgender communities everywhere.ConclusionsThe manuscript provides a call to action for countries to urgently address the violations of human rights of transgender people in order to honour international obligations, stem HIV epidemics, promote gender equality, strengthen social and economic development, and put a stop to untrammelled violence.