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Hilary Charlesworth and Christine Chinkin

Introduction The notion of human rights describes what it is to be human and defines the ‘rock bottom of human existence’. 1 Human rights law challenges the traditional state-centred scope of international law, giving individuals and groups, otherwise with very restricted access to the international legal system, the possibility of making

in The boundaries of international law
Alain-Guy Sipowo

this context that the question of the role of the African human rights system with respect to the accountability of multinational corporations is posed. While it is indisputable that Africa needs FDI to grow, the question as to whether this investment is sustainable, that is to say, whether it takes into account economic progress as much as social issues, is acute. If we had to

in African perspectives in international investment law
Victor Adetula and Olugbemi Jaiyebo

pressures on authoritarian governments and set them on the path of reform that culminated in different forms of liberal democratic transition. 1 There is also a growing global consensus on the legitimacy of such Western values as individualism, liberty, human rights, equality before the law, free markets, the rule of law and, most significantly, liberal democracy. 2 The experiences

in African perspectives in international investment law
Open Access (free)
Jeffrey Flynn

not need a camera to etch realistic depictions of brutality in The Disasters of War . Completed between 1810 and 1820, they were published in 1863, a year after Henry Dunant’s impassioned plea for the humanitarian reform of war-making in A Memory of Solferino . Goya’s images of suffering and atrocity, as Sharon Sliwinski aptly puts it, were ‘informal training for the spectator of human rights’ (2011:12). Even if the visual culture of humanitarianism precedes the birth of photography, it is

Journal of Humanitarian Affairs
An Interview with Celso Amorim, Former Brazilian Foreign Minister
Juliano Fiori

decorated living Brazilian diplomat. As we began discussing international affairs and strategy, Amorim’s speech assumed a calm, professorial cadence. ‘Global disorder’ undermines international cooperation, he suggested soberly. And there is a need to rescue human rights discourse, despite the hypocrisy and selectivity of its liberal proponents. Amorim leant forward when I brought up Brazil’s recent withdrawal from the world stage. As foreign minister throughout the two presidential terms of Luiz Inácio Lula da Silva, from 2003 to 2011, he guided

Journal of Humanitarian Affairs
Open Access (free)
Humanitarianism in a Post-Liberal World Order
Stephen Hopgood

practicality prevents it). This is the same foundational commitment that animates human rights work. The humanist core to both of these forms of social practice is a similar kind of belief in the ultimate priority of moral claims made by human beings as human beings rather than as possessors of any markers of identity or citizenship. What differences exist between humanitarianism and human rights are largely sociological – the contextual specifics of the evolution of two different forms of social activism. I have argued elsewhere, for example, that

Journal of Humanitarian Affairs
Timothy Longman

Introduction Beginning in 1990, the small Central African country of Rwanda was shaken by a pro-democracy movement and a rebel invasion, led by exiled members of the minority Tutsi ethnic group. The government responded to the dual pressures of protest and war by offering political reforms while simultaneously seeking to regain popularity with the members of the majority Hutu group by stirring up anti-Tutsi ethnic sentiments. Both a number of new domestic human rights groups and international human rights organisations documented the regime’s repression of

Journal of Humanitarian Affairs
Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Melanie Klinkner

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Human Remains and Violence: An Interdisciplinary Journal
Jeremy Sarkin

This article examines the ways in which missing persons have been dealt with, mainly in the former Yugoslavia, to show how the huge advances made in the search for, recovery and identification of those who disappeared is positively impacting on the ability of families to find their loved ones. The article surveys the advances made in dealing with the missing on a range of fronts, including the technical and forensic capacities. It examines some of the other developments that have occurred around the world with regard to the search for, recovery and identification of people and makes recommendations on how to make improvements to ensure that the rights of families around the world, as well as a range of other human rights, including truth and justice, are enhanced.

Human Remains and Violence: An Interdisciplinary Journal