Implementing International Human Rights Law in Post Conflict Settings - Backlash without Buy-In: Lessons from Afghanistan

Q3 Social Sciences

Muslim World Journal of Human Rights Pub Date : 2009-01-07 DOI:10.2202/1554-4419.1146

Leanne Smith

引用次数: 6

Abstract

This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued that a more transparent, consultative and long-term approach to human rights implementation should be taken in post conflict situations, if human rights' is to be more than a catch phrase for membership of the international community.

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在冲突后环境中实施国际人权法-不接受的反弹:来自阿富汗的教训

本文以阿富汗为例，探讨了在冲突后国家，特别是在伊斯兰国家实施国际人权标准的困难。本文将提出，以“自上而下”的方式实施国际人权法是无效的，并以西方风格的阿富汗宪法为例，其中包含许多人权保护，如宗教自由，这在当代阿富汗社会是无法实现的。有人认为，如果要使“人权”不只是国际社会成员的口头语，就应该在冲突后局势中对人权的执行采取一种更加透明、协商和长期的办法。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Muslim World Journal of Human Rights Social Sciences-Law

CiteScore

0.60

自引率

0.00%

发文量

期刊介绍： Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field. Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.