Preface

xxix

Acknowledgments

xxxii

ch. 1

The Concept of Human Rights

1

From Morality to Law: The Abolition of Slavery

I.

The Concept of Human Rights

2

II.

The Movement to Abolish Slavery and the Slave Trade

3

A.

Introduction

3

B.

The Moral and Philosophical Evolution

5

The Problem of Slavery in the Age of Revolution, 1770-1823 / David Brion Davis

5

The Atlantic Slave Trade and British Abolition, 1760-1810 / Roger Anstey

6

C.

Economic and Political Factors

8

The Ideology of Antislavery / Howard Temperley

8

The Public Campaign in England Against Slavery, 1787-1834 / James Walvin

9

D.

The Rhetoric of Abolition

12

Message to the Congress of Bolivia (May 25, 1826) / Simon Bolivar

12

American Slaves in Victorian England: Abolitionist Politics in Popular Literature and Culture / Audrey A. Fisch

12

The Meaning of July Fourth for the Negro, Rochester, NY (July 5, 1852) / Frederick Douglass

13

E.

The Legal Evolution

14

The Case of James Sommersett

14

Slavery and the Slave Trade as International Issues, 1890-1939 / Suzanne Miers

23

Comments and Questions

28

III.

The Philosophical Underpinnings of Human Rights

32

A.

Natural Law

32

Indigenous Peoples in International Law / S. James Anaya

32

B.

Legal Positivism

35

C.

Critical Legal Studies

36

D.

Feminist Perspectives

37

Feminist Methods in International Law / Hilary Charlesworth

37

E.

Cultural Relativism

39

Human Rights and Asian Values / Amartya Sen

40

Comments and Questions

44

IV.

A Brief History of Human Rights in International Law and Institutions

47

The International Law of Human Rights in the Middle Twentieth Century / John P. Humphrey

47

V.

Final Comments and Questions

53

ch. 2

Guaranteeing Human Rights By Treaty

57

Is There a Right to a Safe and Healthy Environment?

I.

The State of the Global Environment and Human Well-Being

59

United Nations Environment Program, Geo Yearbook: New Science and Developments in Our Changing Environment 2009

59

Comments and Questions

65

II.

The Protection of Human Rights Through Treaties

66

A.

Why Rights and Why Treaties?

66

Human Rights, Environmental Rights, and the Right to Environment / Dinah Shelton

67

Adverse Effects of the Illicit Movement and Dumping of Toxic and Dangerous Products and Wastes on the Enjoyment of Human Rights

68

Mobilizing for Human Rights: International Law in Domestic Politics / Beth A. Simmons

69

B.

Human Rights Provisions in the UN Charter

71

1.

The Content of the Charter

72

The United Nations and Human Rights

72

2.

The Legal Obligations of UN Member States

74

Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa)

75

The International Court of Justice and the Human Rights Clauses of the Charter / Egon Schwelb

75

The Charter and the Constitution: The Human Rights Provisions in American Law / Oscar Schachter

78

Note: U.S. Recognition of the Legal Status of the Human Rights Clauses

81

Comments and Questions

83

C.

UN Human Rights Law-Making

84

1.

Completing the International Bill of Rights

89

2.

Issue-Specific Human Rights Treaties

90

Note: Specialized Agencies

93

3.

Quality Control

95

Emerging Human Rights: A New Generation for the 1980s? / Stephen P. Marks

95

Human Rights in the World / A.H. Robertson

96

Note: UN Action

98

UN General Assembly Res. 41/120

98

D.

The Evolution of a Claimed Right to Environmental Quality

99

1.

References in Treaties

99

Comments by the Steering Committee for Human Rights

101

2.

Resolutions and Studies

103

3.

Jurisprudence

104

4.

Domestic Law

105

Comments and Questions

107

III.

Are Human Rights Treaties Different from Other International Legal Norms?

109

A.

Interpretation

110

Vienna Convention on the Law of Treaties

110

American Convention on Human Rights

110

Demir and Baykara v. Turkey

111

Comments and Questions

119

B.

Reservations

120

Vienna Convention on the Law of Treaties

121

Note: U.S. Reservations, Understandings, and Declarations to the Covenant on Civil and Political Rights

123

International Covenant on Civil and Political Rights: The Administration's Proposed Reservations, Understandings, and Declarations in International Covenant on Civil and Political Rights

123

Human Rights Committee, Issues Relating to Reservations Made upon Ratification or Accession to the Covenant or the Optional Protocols Thereto, or in Relation to Declarations Under Article 41 of the Covenant

126

Human Rights Committee, Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant, Comments of the Committee on the Report of the United States of America

131

International Law Commission, Annual Report

132

C.

Termination of Treaties

136

Human Rights Committee, Continuity of Obligations

137

D.

Are Human Rights Treaties Superior to Other International Legal Regimes?

138

Comments and Questions

139

IV.

Final Comments and Questions

140

ch. 3

The Development of Human Rights Norms Through Non-Binding Instruments

141

How and Why Do New International Human Rights Norms Emerge Other Than by Treaty?

I.

Introduction: The Role of "Soft Law" in Human Rights Law-Making

142

Commentary and Conclusions / Dinah Shelton

143

II.

The Universal Declaration of Human Rights

148

A.

The Making of the Universal Declaration

149

The Universal Declaration of Human Rights: Its History, Impact, and Juridical Character / John P. Humphrey

149

B.

The Legal Status of the Declaration

152

1.

The Historical Perspective

152

The Influence of the Universal Declaration of Human Rights on International and National Law / Egon Schwelb

152

Note: Customary International Law

156

2.

Subsequent Developments in the Legal Status of the Declaration

158

Restatement (Third) of the Foreign Relations Law of the United States [§]702

160

International Law Association, Committee on the Enforcement of Human Rights Law, Final Report on the Status of the Universal Declaration of Human Rights in National and International Law

161

Note: Other United Nations and Regional Human Rights Declarations

165

Comments and Questions

167

III.

The Emergence of New Human Rights Norms: The Rights of Indigenous Peoples and Maya Land Claims in Southern Belize

168

A.

The Rights of Indigenous Peoples

168

B.

The Adjudication of Maya Land Claims by the Inter-American Commission on Human Rights

173

The Maya Petition to the Inter-American Commission on Human Rights: Indigenous Land and Resource Rights, and the Conflict over Logging and Oil in Southern Belize / S. James Anaya

173

Note: The Awas Tingni and Dann Cases

176

Inter-American Commission on Human Rights, Report 40/04, Case 12.053 (Maya Indigenous Communities of the Toledo District of Belize)

180

Comments and Questions

186

IV.

Norm Building in Related Areas

189

A.

Minorities

189

The Rights of Persons Belonging to Minorities / Hurst Hannum

189

Human Rights Committee, General Comment No. 23 (Art. 27)

196

B.

Self-Determination

199

Committee on the Elimination of Racial Discrimination, Right to Self-Determination

201

Note: Self-Determination and Kosovo

203

Note: Indigenous Peoples, Minorities, and Self-Determination

204

Comments and Questions

207

V.

Final Comments and Questions

208

ch. 4

Human Rights in Extremis

213

How Can Human Rights Be Protected in Times of Terrorism, Civil Strife, and Armed Conflict?

I.

Introduction

216

Address to a Joint Session of Congress and to the American People / George W. Bush

216

Criminals, Combatants, or What? An Examination of the Role of Law in Responding to the Threat of Terror / Thomas M. Franck

217

II.

Human Rights in Civil Strife and States of Emergency

218

Human Rights in Crisis: The International System for Protecting Rights During States of Emergency / Joan Fitzpatrick

219

Note: Humanitarian Law as a Limitation on the Right of Derogation: Civil Strife and Internal Armed Conflict Contrasted

225

Note: Monitoring States of Emergency

226

Human Rights Committee, States of Emergency (Article 4)

227

Habeas Corpus in Emergency Situations

230

Note: Limitation Clauses

231

Comments and Questions

232

III.

The Traditional Law of War: International Armed Conflict

233

Note: Historical Roots of the Concern for Human Rights in the Law of War

233

Human Rights and the Law of War / G.I.A.D. Draper

234

A.

Protecting Combatants: The First Three 1949 Geneva Conventions

235

Third Geneva Convention Relative to the Treatment of Prisoners of War

235

Law of Land Warfare / U.S. Army

237

B.

Protecting Civilians: The Fourth Geneva Convention

239

Fourth Geneva Convention on the Protection of Civilian Persons in Time of War

240

C.

Subsequent Developments: Protocol I

242

Modernizing the Law of War / Richard R. Baxter

242

Note: The Impact of Protocol I

244

Protocol Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I)

244

IV.

Expanding Traditional Protections: Internal Armed Conflicts

247

A.

Common Article 3: Its Status and Content

247

New Protections for Victims of International Armed Conflicts: The Proposed Ratification of Protocol II by the United States / Daniel Smith

247

Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States)

249

B.

Protocol II: Its Scope and Content

250

Modernizing the Law of War / Richard R. Baxter

250

Note: The U.S. Position on Protocol II

252

Note: UN Peacekeeping

252

Comments and Questions

253

V.

Where Does Responsibility Lie for Violations of the Law of War?

254

In re Yamashita

255

Interview with Guy Womack / Chris Matthews

257

Comments and Questions

259

VI.

Modern Warfare: Distinguishing Combatants from Civilians

260

Lieutenant Duffy's Statement

261

Black Hawk Down: A Story of Modern War / Mark Bowden

263

Note: The First Gulf War

264

Note: Afghanistan and the Second Gulf (Iraq) War

265

VII.

The "War on Terror": Emergency, Armed Conflict, or Business as Usual?

266

A.

Detention and Trial of Suspected Terrorists and "Illegal Combatants": Presidential Powers, Military Commissions, and Habeas Corpus

266

Detention, Treatment, and Trial of Certain Noncitizens in the War Against Terrorism

266

Third Geneva Convention Relative to the Treatment of Prisoners of War

271

Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War

272

Memorandum from Assistant Attorney General Jay S. Bybee

273

Memorandum from the President

281

Casting Light on the Legal Black Hole: International Law and Detentions Abroad in the "War on Terror" / Silvia Borelli

283

Practical Challenges of Implementing the Complementarity Between International Humanitarian and Human Rights Law---Demonstrated by the Procedural Regulation of Internment in Non-International Armed Conflict / Laura M. Olson

284

Hamdan v. Rumsfeld

288

Boumediene v. Bush

295

The Obama Administration and International Law / Harold Koh

301

Military Commissions Act of 2009

302

Note: Guantanamo, the Prison That Would Not Die

305

B.

Use of Force: Drones and Targeted Killings

306

Report of the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions: Study on Targeted Killings

309

C.

Renditions

315

Rendition and Transfer in the War Against Terrorism: Guantanamo and Beyond / Joan Fitzpatrick

315

D.

Terrorism and Human Rights in the United Nations

318

Joint Study on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism

319

Comments and Questions

321

VIII.

Torture and Terror: What Are the Limits in Seeking Information to Stop the Next Terrorist Attack?

324

U.S. Decries Abuse but Defends Interrogations; "Stress and Duress" Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities / Barton Gellman

325

A.

Prosecuting Those Persons Responsible for Ill Treatment at Abu Ghraib

329

1.

The Dramatis Personae

329

2.

The Legal Arguments

331

Memorandum from Assistant Attorney General Jay S. Bybee

331

Note: Subsequent U.S. Interrogation Policies

339

U.S. Army, Human Intelligence Collector Operations

341

Note: Should Torture Always Be Prohibited?

344

Comments and Questions

344

IX.

Final Comments and Questions

346

ch. 5

Who Is Obligated to Promote and Protect Human Rights?

351

Oil Exploration and Exploitation in the Niger River Delta

I.

Oil Exploration and Exploitation in Nigeria

352

Note: The African Human Rights System

354

The African Human Rights System: The African Charter / Christof Heyns

354

Note: African Courts

360

II.

The Obligations of States

362

A.

Civil and Political Rights

363

Human Rights Committee, The Nature of the General Legal Obligation Imposed on States Parties to the Covenant on Civil and Political Rights

363

Velasquez Rodriguez v. Honduras

366

Oneryildiz v. Turkey

373

B.

Economic, Social, and Cultural Rights

381

Committee on Economic, Social, and Cultural Rights, The Nature of States Parties Obligations (Art. 2, para. 1)

381

The Social and Economic Rights Action Center and the Center for Economic and Social Rights v. Nigeria

384

C.

Balancing State Obligations to Protect with Individual Freedom and Autonomy

393

S.H. and Others v. Austria

393

Pretty v. United Kingdom

402

Comments and Questions

405

III.

The Obligations of Business Enterprises

409

Corporations and Human Rights: A Survey of the Scope and Patterns of Alleged Corporate-Related Human Rights Abuse

409

A. Codes of Conduct

416

The Responsibilities of Transnational Corporations and Related Business Enterprises with Regard to Human Rights

418

B.

Formulating Legal Obligations?

419

The Responsibilities of Transnational Corporations and Related Business Enterprises with Regard to Human Rights

420

Business and Human Rights: Further Steps Toward the Operationalization of the `Protect, Respect, and Remedy' Framework

422

C.

Potential Liability of Corporations for Human Rights Abuses

434

Laying One Bankrupt Critique to Rest: Sosa v. Alvarez Machain and the Future of International Human Rights Litigation in U.S. Courts / Ralph Steinhardt

434

Kiobel et al. v. Royal Dutch Petroleum Co. et al.

436

Comments and Questions

443

IV.

Do International Organizations Have Human Rights Obligations?

445

A.

International Financial Institutions

446

A Roadmap for Integrating Human Rights into the World Bank Group / Robert Goodland

448

B.

The World Trade Organization

454

Protecting Human Rights in a Global Economy: Challenges for the World Trade Organization / Makau Mutua

455

World Trade Organization, Trade and Labour Standards

457

Agreement Reached on WTO Waiver for "Conflict Diamonds" Under the Kimberly Process Certification Scheme for Rough Diamonds

459

Comments and Questions

459

C.

Peacekeeping

461

U.N. Sexual Abuse Alleged in Congo, Peacekeepers Accused in Draft Report / Colum Lynch

461

Report of the International Law Commission on Its 61st Session

463

Agim Behrami and Bekir Behrami v. France; Ruzhdi Saramati v. France, Germany and Norway

465

Comments and Questions

476

V.

The Responsibility of Individuals for Human Rights Violations

477

Freedom of the Individual under Law: An Analysis of Article 29 of the Universal Declaration of Human Rights / Erica-Irene A. Daes

477

Feminist Methods in International Law / Hilary Charlesworth

479

Comments and Questions

480

VI.

Final Comments and Questions

480

ch. 6

Domestic Enforcement Mechanisms

483

Are States' Courts Bound to Apply International Human Rights Norms?

I.

Introduction: The Relationship Between International and Domestic Legal Systems

484

II.

U.S. Courts and the Right of Juvenile Offenders Not to Be Executed

486

A.

Finding the Parameters of Domestic Legal Protections in Light of International Norms

486

Roper v. Simmons

486

Why Do Nations Obey International Law? / Harold Hongju Koh

493

Comments and Questions

495

B.

The Application of Treaty Provisions by Domestic Courts

497

1.

Judicial Treatment of Reservations to Multilateral Treaties

498

Domingues v. State of Nevada

499

The Juvenile Death Penalty and International Law / Curtis A. Bradley

504

Comments and Questions

505

2.

The Doctrine of (Non) Self-Executing Treaties

506

Note: The U.S. Declaration of Non-Self-Execution

506

Note: The Sei Fujii Case

509

Sei Fujii v. State

510

Medellin v. Texas

514

Comments and Questions

521

C. The Judicial Application of Customary International Law

523

The Role of Domestic Courts in Enforcing International Human Rights Law / Joan Fitzpatrick

524

Filartiga v. Pena-Irala

526

Sosa v. Alvarez-Machain

532

Comments and Questions

539

Note: The State Action and Act of State Doctrines

543

Note: Foreign Sovereign Immunity

545

III.

The Justiciability of Economic, Social, and Cultural Rights

547

Committee on Economic, Cultural, and Social Rights: The Right to the Highest Attainable Standard of Health

548

Minister of Health et al. v. Treatment Action Campaign et al.

557

Comments and Questions

571

IV.

The Use of International Human Rights Law in Foreign Jurisdictions

573

Decision on the Applicability by Ordinary Courts of the Universally Recognized Principles and Norms of International Law and the International Treaties of the Russian Federation

577

V.

Final Comments and Questions

579

ch. 7

UN Human Rights Mechanisms

581

How Are Human Rights Implemented at the Global Level?

I.

Introduction

582

II.

Monitoring Compliance with UN Human Rights Treaties

583

A.

Review of Periodic Reports

584

Report on the Working Methods of the Human Rights Treaty Bodies Relating to the State Party Reporting Process

584

Human Rights Committee, Annual Report

597

Report on Indicators for Promoting and Monitoring the Implementation of Human Rights

598

Congressional Record, S 8400-8401

604

Comments and Questions

605

B.

Individual Communications

605

Strakhov v. Uzbekistan and Fayzulaev v. Uzbekistan

606

Comments and Questions

613

C.

Interstate Complaints

615

D.

General Comments

616

E.

Strengthening the Treaty System

617

General Assembly Resolution 57/202, Effective Implementation of International Instruments on Human Rights, Including Reporting Obligations Under International Instruments on Human Rights

617

Office of the United Nations High Commissioner for Human Rights, Effective Functioning of Human Rights Mechanisms Treaty Bodies

620

III.

UN Charter-Based Procedures

623

A.

The Universal Periodic Review

624

National Report [of] United Kingdom of Great Britain and Northern Ireland

625

Compilation [of Information from UN Documents] Prepared by the Office of the High Commission of Human Rights --- United Kingdom of Great Britain and Northern Ireland

627

Summary [of Stakeholder Comments] Prepared by the Office of the High Commission of Human Rights---United Kingdom of Great Britain and Northern Ireland

629

Report of the Working Group on the Universal Periodic Review --- United Kingdom of Great Britain and Northern Ireland

631

Views on Conclusions and/or Recommendations, Voluntary Commitment and Replies Presented by the State Under Review [United Kingdom of Great Britain and Northern Ireland]

635

Comments and Questions

638

B.

Country-Specific Debates and Resolutions

639

C.

The Confidential Complaint Procedure

640

The Commission on Human Rights / Philip Alston

641

Human Rights Council Resolution 5/1, Institution-Building of the United Nations Human Rights Council

643

Report of the Independent Expert of the Commission on Human Rights [Charlotte Abaka] on the Situation of Human Rights in Liberia Submitted Under the 1503 Procedure

647

Comments and Questions

652

D.

The "Special Procedures"

653

Manual of Operations of the Special Procedures of the Human Rights Council

654

Report of the Special Rapporteur on Independence of Judges and Lawyers, Gabriela Carina Knaul de Albuquerque e Silva

659

Canada: The TransCanada Oil Pipeline Operation Carried Out in the Traditional Lands of the Lubicon Lake Nation and the Lubicon Land Claim

661

15 Years of the United Nations Special Rapporteur on Violence Against Women, Its Causes and Consequences (1994-2009) --- A Critical Review

665

Comments and Questions

668

Note: Other Charter-Based Mechanisms

670

IV.

Final Comments and Questions

671

ch. 8

The European System for the Protection of Human Rights

675

Guaranteeing the Right to Freedom of Religion and Belief at the Regional Level

I.

Religious and Cultural Discord in Europe

676

II.

The European Institutional and Normative Framework

678

The Boundaries of Human Rights Jurisdiction in Europe / Dinah Shelton

678

A.

Jurisdiction

680

Issa and Others v. Turkey

681

Al-Adsani v. United Kingdom

683

Ben El Mahi and Others v. Denmark

690

Comments and Questions

694

B.

Interpreting Substantive Rights in the European Convention

697

1.

The General Approach

697

Demir and Baykara v. Turkey

697

2.

Positive and Negative Obligations

698

97 Members of the Gldani Congretation of Jehovah's Witnesses and 4 Others v. Georgia

699

Comments and Questions

703

III.

Article 9: Freedom of Religion and Belief

704

A.

Defining Religion and the Scope of the Freedoms

704

Leela Forderkreis E.V. and Others v. Germany

704

Jehovah's Witnesses of Moscow v. Russia

709

Comments and Questions

718

B.

Religion and Speech

719

Otto-Preminger-Institut v. Austria

719

Kokkinakis v. Greece

725

Comments and Questions

733

C.

Religious Compulsion and Religious Exemptions from the Law

735

Leyla Sahin v. Turkey

738

Comments and Questions

749

IV.

Remedies and Enforcement

751

A.

Remedies

751

Varnava and Others v. Turkey

751

Comments and Questions

755

Resolution (2004) 3, on Judgments Revealing an Underlying Systemic Problem

755

B.

Monitoring Compliance: The Committee of Ministers

756

Council of Europe Committee of Ministers: Third Annual Report 2009

756

Burdov v. Russia (No. 2)

761

Comments and Questions

762

V.

The Caseload Crisis and Future of the System

762

Explanatory Report to [Draft] Protocol No. 14

763

Council of Europe Committee of Ministers: Third Annual Report 2009

765

Comments and Questions

766

VI.

Other Council of Europe Institutions and Instruments

767

A.

Institutions

767

B.

The European Social Charter

768

C.

Other Human Rights Treaties

769

VII.

Other European Institutions

770

A.

The European Union

770

B.

The Organization for Security and Cooperation in Europe

773

Comments and Questions

775

Final Comment

776

ch. 9

Human Rights in the Americas

779

Responding to Disappearances in Argentina

I.

Human Rights in Argentina

780

Report on the Situation of Human Rights in Argentina

780

II.

Evolution of the Human Rights System in the Americas

781

Inter-American Commission on Human Rights, Annual Report 2008

782

The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights: Reflections on a Joint Venture / Cecelia Medina

784

Interpretation of the American Declaration of the Rights and Duties of Man Within the Framework of Article 64 of the American Convention on Human Rights

787

Note: Advisory Opinions of the Court

792

Comment and Question

793

III.

The Inter-American System in Practice

794

A.

Country Reports

794

Report on the Situation of Human Rights in Argentina

794

Protecting Human Rights in the Americas: Selected Problems / Dinah Shelton

807

Report on the Situation of Human Rights in Argentina

809

Comments and Questions

811

B.

Individual Petitions

812

1.

Precautionary and Provisional Measures

812

Reggiardo Tolosa Case, Order of the President of the Inter-American Court of Human Rights of November 19, 1933

812

2.

Admissibility and Merits

815

Res. No. 31/78, Case 2553 (Argentina)

815

Note: The Concept of Continuing Violations

818

Blake v. Guatemala (Preliminary Objections)

819

3.

Friendly Settlement

821

Report No. 21/00, Case 12.059, Carmen Aguiar De Lapaco (Argentina)

821

The Inter-American Human Rights System / Dinah Shelton

822

Comments and Questions

826

C.

Compliance with the Recommendations of the IACHR

827

Inter-American Commission on Human Rights, Annual Report 2008

828

D.

Resolutions of OAS Political Bodies

829

Resolution of the XVII Meeting of Consultation

830

E.

Proceedings Before the Inter-American Court of Human Rights

831

Garrido and Baigorria Case (Reparations) (Art. 63(1) of the American Convention on Human Rights)

832

Comments and Questions

836

IV.

Democratic Governance and the Inter-American System

837

OAS Suspends Membership of Honduras

839

Report 98/03, Case 11.204, Statehood Solidarity Committee (United States)

841

Comments and Questions

847

V.

The Emergence of Other Regional Human Rights Systems

850

A.

Association of South-East Asian Nations (ASEAN)

850

B.

The Arab Charter on Human Rights

852

ch. 10

Coercing Compliance with Human Rights Norms: Sanctions and Armed Intervention

855

Can the International Community Prevent Human Rights Violations by Threatening or Using Force?

I.

Disaster in Darfur

856

Mission to the Sudan: The Darfur Crisis

858

II.

Economic Sanctions

861

A.

The League of Nations

861

B.

The UN Charter and Southern Rhodesia

862

Rhodesia and the United Nations: The Lawfulness of International Concern / W. Michael Reisman

864

The Arrogance of International Lawyers / Dean Acheson

867

C.

Modern UN Sanctions

869

Security Council Resolution 661

870

Committee on Economic, Social, and Cultural Rights, The Relationship Between Economic Sanctions and Respect for Economic, Social, and Cultural Rights

872

UN Sub-Commission on the Promotion and Protection of Human Rights, The Adverse Consequences of Economic Sanctions on the Enjoyment of Human Rights

873

D.

Smart Sanctions

880

Kadi and Al Barakaat International Foundation v. Council of the European Union

880

Developing Human Rights and Humanitarian Law Accountability of the Security Council for the Imposition of Economic Sanctions / August Reinisch

885

Note: Regional or Unilateral Sanctions

886

Comments and Questions

888

III.

U.S. Implementation of International Sanctions

889

Note: The Legal Framework

890

Legislative Reference Service, Library of Congress, The United Nations Participation Act Sections Relating to Economic and Military Action

890

Diggs v. Shultz

891

Kenneth Roth, Executive Director of Human Rights Watch, The Role of U.S. Sanctions Policies in Promoting Human Rights

893

Note: Think Globally, Act Locally---Local and State-Sponsored Sanctions

895

Crosby v. National Foreign Trade Council

895

Comments and Questions

899

IV.

Armed Intervention

899

A.

Intervention by the United Nations

899

1.

Somalia

900

Humanitarian Intervention: The United Nations in an Evolving World Order / Sean D. Murphy

900

2.

Haiti

904

Security Council Resolution 940

904

Security Council Resolution 1542

906

In Haiti, Rhetoric Trumps Human Rights / Todd Howland

908

3.

The Consequences of Nonintervention: Rwanda

909

Report of the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda

909

B.

Unilateral or Regional Intervention

916

1.

The Consequences of Intervention: Kosovo

917

Independent International Commission on Kosovo, Kosovo Report

918

Note: The Second Gulf War

924

C.

Proposed Criteria for Armed Intervention

924

The Responsibility to Protect

925

General Assembly Resolution 63/308

933

Comments and Questions

933

V.

The International Response to Darfur

935

Acting High Commissioner for Human Rights Bertrand Ramcharan, Statement to the UN Security Council

936

The Crisis in Darfur, Statement of Secretary of State Colin Powell Before the Senate Foreign Relations Committee

939

Transcript of the Candidates First Debate in the 2004 Presidential Campaign

941

Comments and Questions

945

VI.

Afghanistan

946

VII.

Final Comments and Questions

947

ch. 11

International Criminal Law

951

Can We Deter Human Rights Violations by Using the Criminal Justice Process?

I.

Introduction

952

II.

The 1973 Coup in Chile and Its Aftermath

953

A.

Pinochet in Power

953

B.

Pinochet Indicted

955

III.

Efforts to Bring the International Criminal Justice Process to Bear upon Human Rights Violators

957

International Criminal Law / Antonio Cassese

957

Accountability for Human Rights Atrocities in International Law / Jason S. Abrams

959

A.

The Yugoslav War Crimes Tribunal

961

Yugoslavia War Crimes Tribunal / Diane Orentlicher

961

B.

The International Tribunal for Rwanda

964

The Evolving Architecture of International Law: Image and Reality of War Crimes Justice---External Perceptions of the International Criminal Tribunal for Rwanda / Kingsley Chiedu Moghalu

964

Closing the U.N. International Criminal Tribunal for Rwanda: Completion Strategy and Residual Issues / Cecile Aptel

966

C.

Other Country-Specific Tribunals

968

1.

The Special Court for Sierra Leone

969

2.

"Extraordinary Chambers" in Cambodia

970

3.

Special Tribunal for Lebanon

972

Comments and Questions

972

IV.

The International Criminal Court

975

Negotiating an Institution for the Twenty-First Century: Multilateral Diplomacy and the International Criminal Court / Valerie Oosterveld

975

Global Rights? / David Rieff

981

A.

U.S. Attitudes Toward an International Criminal Court

987

B.

The United States Signs and "Unsigns" the ICC Statute

989

President Clinton, Statement on Signature of the International Criminal Court Treaty

989

Letter from Under-Secretary of State John R. Bolton to the Secretary-General of the United Nations

990

Under-Secretary of State of Political Affairs Marc Grossman, American Foreign Policy and the International Criminal Court

991

The Self-Defeating International Criminal Court / Jack Goldsmith

994

C.

Exempting the United States from ICC Jurisdiction

999

Statute of the International Criminal Court

999

Original Intent at the Global Criminal Court / David J. Scheffer

999

Note: The First Years of the ICC

1001

Comments and Questions

1002

V.

Universal Jurisdiction

1003

Lessons Learned from the Exercise of Universal Jurisdiction in Respect of Gross Human Rights Offenses / Menno Kamminga

1004

The Pitfalls of Universal Jurisdiction / Henry A. Kissinger

1010

Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles / Diane Orentlicher

1012

Note: The Belgian Experience

1013

Belgium's War Crimes Statute: A Postmortem / Steven R. Ratner

1014

Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)

1016

Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) (joint separate opinion of Judges Higgins, Kooijmans, and Buergenthal)

1018

Comments and Questions

1021

VI.

The "Piecemeal" Convention Approach Coupled with Domestic Enforcement

1023

A.

Slavery and Apartheid

1023

B.

Genocide

1024

C.

Torture

1025

D.

Terrorism

1027

E.

Other Transnational Crimes

1029

Comments and Questions

1030

VII.

The Exercise of National Jurisdiction Under Domestic Law: Amnesties and Prosecutions

1030

Note: Human Rights Prosecutions in Argentina

1031

Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime / Diane Orentlichcr

1032

Note: Nonjudicial Alternatives

1036

Rwanda Estimates One Million Face Genocide Charges / Arthur Asiimwe

1037

Comments and Questions

1038

VIII.

Final Comments and Questions

1041

ch. 12

The Problem of Fact-Finding and Evidence

1043

How Are Human Rights Violations Investigated?

I.

The Challenge: To Find Out What Is Really Happening

1044

II.

Fact-Finding by Nongovernmental Organizations

1045

A.

Allegations of Judicial Persecution of Mapuche Leaders in Chile

1045

International Federation for Human Rights, Chile---The Mapuche People: Between Oblivion and Exclusion

1045

B.

Issues of Methodology and Credibility

1052

Bearing Witness: The Art and Science of Human Rights Fact-Finding / Diane Orentlicher

1052

Fact-Finding by Non-Governmental Human Rights Organizations / Hurst Hannum

1056

International Conflict and the Media, A Curriculum Guide: Incubator Baby Incident / Andrew F. Smith

1057

Guidelines on International Fact-Finding Visits and Reports (The Lund-London Guidelines)

1061

Comments and Questions

1063

III.

Fact-Finding by the UN and Other Intergovernmental Organizations

1064

A.

The Mapuche Revisited

1064

Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, Mr. Rodolfo Stavenhagen --- Addendum: Mission to Chile

1064

Government of Chile, Report I---Recommendations of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Chileans

1069

B.

Multiple Mechanisms of Fact-Finding and Some of the Challenges

1073

Office of the High Commissioner for Human Rights, Training Manual on Human Rights Monitoring

1073

Belgrade Minimal Rules of Procedure for International Human Rights Fact-Finding Missions

1075

Report of the United Nations Fact-Finding Mission on the Gaza Conflict

1077

Initial Response to Report of the Fact-Finding Mission on Gaza Established Pursuant to Resolution S-9/1 of the Human Rights Council

1081

Why the Goldstone Report Matters / Richard Falk

1083

The Economist, Goldstone on Gaza: A UN Report on the Fighting in Gaza Is Deeply Flawed. But That Should Not Stop Israel Holding Itself and Its Soldiers to the Highest Standards

1086

Comments and Questions

1087

IV.

Fact-Finding by Judicial and Quasi-Judicial Bodies

1089

A.

Gathering the Facts

1089

B.

Evaluating the Facts

1091

1.

Admissibility and Evaluation of Evidence

1091

Mayagna (Sumo) Awas Tingni Community v. Nicaragua

1092

2.

The Burden and Standard of Proof

1094

Bertrand G. Ramcharan, Evidence

1095

Velasquez Rodriguez v. Honduras

1097

Kawas-Fernandez v. Honduras

1103

Bleier v. Uruguay

1106

Sevtap Veznedaroglu v. Turkey

1109

Comments and Questions

1115

V.

Final Comments and Questions

1116

ch. 13

Human Rights and Foreign Policy

1117

The United States---China Relationship

I.

Human Rights in Foreign Policy

1119

Global Good Samaritans: Human Rights as Foreign Policy / Alison Brysk

1119

II.

Human Rights and U.S. Foreign Policy

1122

The Emergence of Human Rights Politics in the United States / Kenneth Cmiel

1123

A.

Congressional Action: Laying the Foundation

1127

U.S. Foreign Policy, Human Rights, and Foreign Trade and Investment in Private Investors Abroad---Problems and Solutions / Richard B. Lillich

1127

B.

Presidential Human Rights Policies and Their Critics, 1975-2005

1128

1.

Almost at the Beginning: President Carter

1128

Human Rights and Foreign Policy / Cyrus R. Vance

1129

Continuity and Change in American Foreign Policy / Henry A. Kissinger

1132

United States Institute for Peace, U.S. Human Rights Policy: A 20-Year Assessment

1135

2.

Selective Rights, Selective Application: The Reagan Administration

1137

International Commission of Jurists, Human Rights and U.S. Foreign Policy

1138

Moderate Repression / Art Buchwald

1140

International Commission of Jurists, Human Rights and U.S. Foreign Policy

1141

United States Institute of Peace, Human Rights in the Pursuit of Peace: A 20-Year Assessment

1142

Note: Key Differences in Human Rights Policy Under Carter and Reagan

1144

3.

Turning Down the Volume: The First President Bush

1145

4.

Searching for a Policy: The Clinton Administration

1147

Counselor, U.S. Department of State, Human Rights Policy Under the New Administration / Timothy E. Wirth

1148

Human Rights and Democracy in Asia / John Shattuck

1149

Human Rights Retreat / Mary McGrory

1152

5.

National Security, Regime Change, and Human Rights / George W. Bush

1154

Assistant Secretary of State for Democracy, Human Rights, and Labor Lorne W. Craner, Supporting Human Rights and Democracy: The U.S. Record, 2003-2004

1154

Human Rights Not a Foreign Policy Concern / Don Feder

1156

Is the Human Rights Era Ending? / Michael Ignatieff

1157

6.

The Obama Administration

1159

U.S. Human Rights Commitments and Pledges

1159

Does Obama Believe in Human Rights? / Bret Stephens

1163

The Human Rights Agenda for the 21st Century / Hillary Rodham Clinton

1164

Comments and Questions

1169

C.

U.S. Foreign Policy, Human Rights, and Relations with China

1170

1.

The United States Evaluates the World: The State Department's Annual Reports on Human Rights

1170

2009 Human Rights Report: China

1171

China Reports on U.S. Human Rights Record

1173

2.

Multilateral Diplomacy at the United Nations

1176

3.

Linkages and Conditionality: Using U.S. Economic and Political Power

1177

President's News Conference, May 26, 1994

1178

Director of the State Department's Policy Planning Staff, Richard N. Haass, China and the Future of U.S.-China Relations

1180

Be Tougher on Burma Than China / William H. Overholt

1182

Joint Press Statement by President Obama and President Hu of China

1184

Is Talking to Beijing About Human Rights a Waste of Time? Why Obama's New Meetings with China Should Only Be the Beginning / Sophie Richardson

1186

Comments and Questions

1188

III.

Human Rights Policies of Other States

1189

A.

The European Union

1189

European Union, Guidelines on Human Rights Dialogues

1190

B.

Japan

1196

Japan's Foreign Policy Towards Human Rights: Uncertain Changes / Chiyuki Aoi

1196

Japan, Ministry of Foreign Affairs, Human Rights Pamphlet

1205

Statement by H.E. Ambassador Shigeru Endo, Delegation of Japan, on Agenda Item 9

1206

Comments and Questions

1207

IV.

Final Comments and Questions

1208

Index

1213