Human Rights Quarterly最新文献

{"title":"The War in Court: Inside the Long Fight Against Torture by Lisa Hajjar (review)","authors":"Rebecca Root","doi":"10.1353/hrq.2023.a910496","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910496","url":null,"abstract":"Reviewed by: The War in Court: Inside the Long Fight Against Torture by Lisa Hajjar Rebecca Root (bio) Lisa Hajjar, The War in Court: Inside the Long Fight Against Torture (University of California Press 2022), ISBN 9780520378933, 376 pages. Lisa Hajjar was already an established expert on the sociology of torture when the United States (US) began torturing detainees in response to the terrorist attacks of September 11, 2001. For over three decades, she has explored the legal, cultural, and ethical issues around torture, interviewed hundreds of lawyers, and witnessed these questions play out in courtrooms around the world. Her research has included more than a dozen trips to Guantánamo Bay. On one level, The War in Court details the relentless efforts of lawyers—both military and civilian—to uphold the rule of law in the face of a US policy endorsing interrogation under torture. Lawyers like those at the Center for Constitutional Rights were focused on the rights of the detainees they were defending, but government-appointed judge advocates general (JAGs) were equally appalled by the establishment of military commissions intended to allow evidence extracted under torture, in contravention to all domestic and international legal norms and obligations. All took issue with the opinions that had been offered by government lawyers to justify the torture that reshaped America's national security policy from 2001 to 2006. In the early chapters, Hajjar deftly walks the reader through the jawdropping revelations of those years: the faulty legal memos, the sickening photographs from Abu Ghraib, the Kafkaesque Guantánamo Bay, the black sites, the waterboarding, walling, force-feeding, and more. Those moments have been seared into the memories of human rights scholars, though perhaps they are fading from public memory or, worse yet, seamlessly incorporated into it. Hajjar reminds us of the key legal victories—from Rasul v. Bush in 2004 to Hamdan v. Rumsfeld in 2006 to Boumediene v. Bush in 2008—but also of the many failed arguments lawyers advanced in these years. Her sociological training leads her to explore the community of lawyers who came together to wage controversial struggles over many years, enduring constant delays and setbacks, but always working for the rule of law and reaffirming one another's sense of the duty to uphold it. While scholars, detainees, and human rights non-governmental organizations played crucial roles as well, it is the lawyers who are at the heart of this analysis. Though American courts failed to hold the perpetrators of these crimes accountable, departing from the trends in Europe and Latin America, the lawyers in these cases were able to use even the cases they lost to forge new legal bulwarks in favor of detainees' rights. Hundreds of Gitmo detainees were released without charge, and despite the government's extensive efforts to keep secret [End Page 733] the details of detainee mistreatment, the truth came out. But juxtap","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"87 1-2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contributors","authors":"","doi":"10.1353/hrq.2023.a910500","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910500","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"84 3-4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves eds. by Ellie Smith & Melanie Klinker (review)","authors":"Eric Stover","doi":"10.1353/hrq.2023.a910498","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910498","url":null,"abstract":"Reviewed by: Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves eds. by Ellie Smith & Melanie Klinker Eric Stover (bio) Ellie Smith & Melanie Klinker eds., Mass Graves, Truth and Justice: Interdisciplinary Perspectives on the Investigation of Mass Graves (Edward Elgar Publishing 2023), ISBN 9781800882379, 186 pages. Ellie Smith and Melanie Klinker, a researcher and law professor respectively at Bournemouth University, have edited an excellent volume on how forensic scientists, judges, and court investigations have conducted mass grave investigations and interacted with families of the disappeared since the early 1980s. The volume offers an interdisciplinary examination of all states of a mass graves investigation from discovery of a site to the process of investigation and the conduct of commemoration activities.1 As someone who has been a participant or close observer of forensic investigations of mass graves in Argentina, Guatemala, Rwanda, Iraq, the former Yugoslavia, and the United States, I admire the care that the editors and authors have taken not to oversimplify what can be a highly complex investigatory process from a legal, forensic, and psycho-social perspective. Forty years ago, my colleague forensic anthropologist Clyde Snow advocated that the search for the disappeared must be conducted for three reasons: to locate, identify, and return the remains of the disappeared to family members [End Page 739] for proper burial; to gather evidence to hold perpetrators accountable; and to set the historical record straight. While Snow's objectives still hold true today, it must also be recognized that the quest to equate truth to identification and justice to perpetrator accountability can be both distinctive and challenging. As the book's editors, Smith and Klinker—who also are co-authors of the 2020 Bournemouth Protocol on Mass Grave Protection and Investigations—caution there is no such thing as a \"standard\" or \"typical\" mass grave.2 Each site is \"highly context-specific\" and \"the way in which sites are handled will necessarily vary accordingly.\"3 So, what are the factors that can determine how a mass grave site will be located and investigated? To begin with, perpetrators often make every effort to hide mass graves, and with the passage of time, vegetation can spread and make locating the sites even more difficult. Access to mass graves can also be delayed during and after armed conflicts. For example, during our investigations of mass graves in the former Yugoslavia in the early 1990s, Snow and I were accompanied by United Nations deminers to sweep potential mass grave sites for explosive ordnance, including bobby traps and landmines. (This practice became a standard operating procedure during the mass graves investigations in the former Yugoslavia for years to come.) On one occasion Serb forces expelled our team, comprised of forensic scientists from around the world, from a mass grave in ea","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"86 7-8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Human Rights, Remedy, and Everyday Geographies of Injustice: Perspectives from a Participatory Action Research Project","authors":"Jean Connolly Carmalt","doi":"10.1353/hrq.2023.a910489","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910489","url":null,"abstract":"ABSTRACT: This article contributes to literature on economic and social rights by examining how everyday places and spaces translate structural inequalities into individualized violations of international norms. Drawing on data from a participatory action research project in New York called The Legal Disruption Project (LDP), it argues for new models of knowledge production that bridge gaps between the experiences of marginalized populations and human rights practitioners. The LDP demonstrates how centering the voices of affected communities can contribute substantive insights to effective remedies for human rights violations. In particular, the article suggests potential for explicitly spatial remedies defined through participatory processes of community engagement.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"86 1-4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective by Luke D. Graham (review)","authors":"Muneeb Khan, Yen-Chiang Chang","doi":"10.1353/hrq.2023.a910494","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910494","url":null,"abstract":"Reviewed by: International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective by Luke D. Graham Muneeb Khan (bio) and Yen-Chiang Chang (bio) Luke D. Graham, International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective (Routledge 2022) ISBN: 9781032074726, 192 pages. The issue of destitution has long been a concern for anti-poverty advocates, policy-makers, and researchers. While there is a general understanding of the experience of destitution, there has been a lack of attention given to its relationship with the denial of Economic, Social, and Cultural Rights (ESCR). The book International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective, authored by Luke D. Graham, explores destitution from a human rights-based perspective, specifically focusing on ESCR. The book provides a novel understanding and definition of destitution based on the realization of ESCR, highlighting the nexus between destitution and the denial of these rights. The book applies this definition to a United Kingdom (UK) case study to demonstrate how destitution manifests and provides recommendations for addressing destitution through the realization of these rights. The book comprises six chapters, with each chapter providing an in-depth analysis of different aspects of destitution through the application of a multidisciplinary legal research methodology. Chapter 1 establishes the context by introducing the concept of destitution and highlighting its distinctions from poverty and extreme poverty. The author emphasizes the importance of an ESCR perspective and offers an outline of the book's structure. The chapter examines human rights-based definitions of poverty and extreme poverty, underscoring the absence of a similar definition for destitution. It argues that destitution entails meeting basic needs independently, without relying on charity, and posits that destitution is separate from poverty and extreme poverty. This initial chapter serves as a strong foundation, effectively introducing key concepts and themes, while presenting a fresh definition of destitution within the framework of human rights. The author's meticulous research and insightful analysis contribute to a novel perspective in the realm of human rights. Chapter 2 delves into the foundational concepts that determine the necessary level of rights realization to prevent destitution. The author argues that this level is shaped by three key ideas: firstly, reliance on charitable assistance hinders meeting the destitution threshold; secondly, destitution can arise even if only one component right falls short of the destitution threshold; and finally, the destitution threshold encompasses a universal minimum component while also requiring context-specific determinations. Although the chapter effectively underscores the importance of a human rights-based approach to address destitution, the author could furt","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"85 5-6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Suffering and Survival: The Experience of Dutch Women in Japanese Internment Camps in Java, 1941–45","authors":"Mia Jeronimus","doi":"10.1353/hrq.2023.a910492","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910492","url":null,"abstract":"ABSTRACT: The case of Dutch women imprisoned in Japanese internment camps in Java, 1941-45, is a little known chapter within the well-known context of the Second World War. This article deciphers the possibilities of their experience by examining two temporally distinct sets of sources from the women's perspectives. The first comprises a series of ego-documents and interviews written during the war and just after it, and the second is a collection of sources from the 1990s onwards, in the form of memoir, oral history, and children's testimonies spoken in front of the Japanese Embassy in The Hague in 2005. In the spaces and inconsistencies between these two sets of testimony a diverse and complex picture of female experience is found across three predominant themes: motherhood, female community, and sexual assault. Each section is an insight into how agency is sought when agency is denied, how the women held themselves, organized themselves, and supported and fought against one another within a regime indifferent to whether they lived or died.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"85 11-12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Border Humanitarians: Gendered Order and Insecurity on the Thai-Burmese Frontier by Adam P. Saltsman (review)","authors":"Don Selby","doi":"10.1353/hrq.2023.a910497","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910497","url":null,"abstract":"Reviewed by: Border Humanitarians: Gendered Order and Insecurity on the Thai-Burmese Frontier by Adam P. Saltsman Don Selby (bio) Adam P. Saltsman, Border Humanitarians: Gendered Order and Insecurity on the Thai-Burmese Frontier (Syracuse University Press 2022), ISBN 9780815637639, 288 pages. Adam P. Saltsman's Border Humanitarians is a welcome addition to scholarship that takes both a critical and ethnographic approach to understanding humanitarian practices. The research underpinning this work extended for the better part of a decade, and Saltsman conducted a significant portion of it while working with an international humanitarian organization in the border province of Mae Sot, Thailand. Consisting of five chapters, plus its introduction and conclusion, it explores the work of humanitarian [End Page 734] work on gender-based violence among Burmese migrants in Mae Sot. A stage-setting introduction describes the area along the Moei River where migration into Mae Sot occurs, the labor camps and makeshift communities that have arisen there, and the variegated migrant neighborhoods, communities, and congregations that live in the area. It also sets out the book's theoretical ambitions: Border Humanitarians brings together the threads of geographic theorizing on bordering and borderscapes and scholarship on performativity, political subjectivity, and positionality in relation to gender and gender violence in contexts of dispossession in the deployment of the idea of gendered positionalities.1 In addition, Saltsman argues for the methodological value of reflexive ethnography, and of close attention to the ordering force of discourse at sites of humanitarian intervention. The second chapter provides the political-economic history (both colonial and post-colonial) shaping the emergence of borders, and of labor migration with respect to these borders. Borderlands, and the sorts of exploitation and politicaleconomic possibility they provide are not simply given, here, but are produced by capital flows and the history of political maneuvering among colonial powers. In chapter three the voices of Burmese migrants make their appearance. Participant observation seems to have been impossible in work camps and the precarious, make-shift neighborhoods cobbled together by Burmese migrants, leaving a certain ethnographic depth unrealizable. Interviews with migrants, however, were possible and do important work to develop a picture of migrants' palpable insecurity and constraint in Thailand, and how the immediacy of their vulnerability contributes to the circulation of \"conservative notions of home and culture\" among Burmese in Mae Sot.2 These notions play an important role in perpetuating conservative understandings of femininity and masculinity, which feed, in their turn, gender-based violence among Burmese migrants. As Saltsman explains it, this chapter: centered on how precarious work, the challenges of displacement, and gender traditions intersect in a mutua","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"84 6-7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Revival of Human Rights: A New Perspective on Human Rights Through the Lens of Disability","authors":"Gauthier de Beco","doi":"10.1353/hrq.2023.a910491","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910491","url":null,"abstract":"ABSTRACT: This article argues that adopting the lens of disability may provide a way forward for the revival of human rights. It shows how it is disability that draws attention to resource deprivation that hampers the enjoyment of human rights. It does so by focusing on two novel aspects of the Convention on the Rights of Persons with Disabilities (CRPD): the general principle of participation and the adoption of a rights-based approach to dealing with disability. To illustrate this view, it uses as example the impact the restrictions have had on disabled people during the Covid-19 pandemic.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"82 11-12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135161806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"P.C. Chang and Charles Malik: The Two Philosophers of the Universal Declaration of Human Rights","authors":"Hans Ingvar Roth","doi":"10.1353/hrq.2023.a910487","DOIUrl":"https://doi.org/10.1353/hrq.2023.a910487","url":null,"abstract":"ABSTRACT: The Universal Declaration of Human Rights (UDHR) was the result of almost two years of work from several participants and organizations before its adoption in the United Nations on December 10, 1948. The Declaration is one of the world's most famous and translated documents even though its principles and moral insights are far from realized around the world today. Although it was a collaborative work with many authors involved, some writers played significant roles in a special way. This article aims to present and analyze the contributions of two of the main drafters, namely the philosopher and diplomat Charles Malik (1906-1987) from Lebanon and the philosopher and diplomat P.C. Chang (1892-1957) from the Republic of China. Malik and Chang were the only philosophers in the drafting team, and they were all-rounded intellectuals and educators. In contrast to Chang and Malik, several of the other writers of the UDHR were lawyers or politicians. Chang and Malik came from different philosophical traditions. Chang had the pragmatist philosopher John Dewey as his tutor at Columbia in the beginning of the 1920s. Malik studied for the philosophers Alfred North Whitehead at Harvard and Martin Heidegger in Freiburg during the 1930s. The philosophical differences between Chang and Malik created fruitful dialogues between the two drafters. This article explores how the educational backgrounds and the previous professions of Chang and Malik influenced the character of the UDHR.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"30 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136103244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contributors","authors":"","doi":"10.1353/hrq.2023.a903341","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903341","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135931305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}