The SAGE Handbook of Human Rights
Publication Year: 2014
The SAGE Handbook of Human Rights will comprise a two volume set consisting of more than 50 original chapters that clarify and analyze human rights issues of both contemporary and future importance. The Handbook will take an inter-disciplinary approach, combining work in such traditional fields as law, political science and philosophy with such non-traditional subjects as climate change, demography, economics, geography, urban studies, mass communication, and business and marketing. In addition, one of the aspects of mainstreaming is the manner in which human rights has come to play a prominent role in popular culture, and there will be a section on human rights in art, film, music and literature.
Not only will the Handbook provide a state of the art analysis of the discipline that addresses ...
- Front Matter
- Subject Index
Part I: Theoretical Issues and Methodology
- Chapter 1: Human Rights Research and Theory
- Chapter 2: Pleading for a New History of Human Rights
- Chapter 3: Universalism and Relativism
- Chapter 4: Governance and Human Rights
- Chapter 5: Mainstreaming Human Rights
- Chapter 6: The Interaction Between International Humanitarian Law and International Human Rights Law
- Chapter 7: International Relations Theories and Human Rights
- Chapter 8: The Two Covenants and the Evolution of Human Rights
- Chapter 9: Physical Integrity and Human Rights
- Chapter 10: Human Rights Measurement
- Chapter 11: Social Science, Methods and Human Rights
Part II: Norms and Standards
- Chapter 12: Asymmetric Non-International Violent Conflicts: Challenges to the Protection of Human Rights
- Chapter 13: National Security, Counterterrorism and Human Rights: Anticipating the Real Threat of Terrorism
- Chapter 14: Climate Change and Human Rights
- Chapter 15: Migration, Refugees, Asylum and Uprooted Peoples' Rights
- Chapter 16: The Human Rights of Persons with Disabilities
- Chapter 17: The Human Rights of Gays, Lesbians, Bisexual and Transgender People
- Chapter 18: Human Rights, Women and Gender
- Chapter 19: Inclusion Versus Exclusion
- Chapter 20: Human Rights Defenders and Activism
- Chapter 21: Non-State Actors in Human Rights Promotion
- Chapter 22: Business, Trade and Human Rights
- Chapter 23: Communication and New Technology
Part III: Human Rights in Popular Culture
- Chapter 24: Making Human Rights Visible Through Photography and Film
- Chapter 25: Human Rights and Art
- Chapter 26: Human Rights in Literature
- Chapter 27: States, Superheroes and Storytellers: Human Rights Through Comics and Graphic Novels
- Chapter 28: Music and Human Rights
- Chapter 29: Human Rights and Celebrities
- Chapter 30: Human Rights in International Sports
Part IV: Human Rights Mechanisms
- Chapter 31: The United Nations Human Rights System: The Genesis and Role of the Human Rights Council and the High Commissioner for Human Rights
- Chapter 32: The African Regional Human Rights System
- Chapter 33: The Inter-American System of Human Rights
- Chapter 34: The League of Arab States and Human Rights
- Chapter 35: Human Rights Systems in the Asia-Pacific
- Chapter 36: European Human Rights System
- Chapter 37: The European Convention on Human Rights and the Protection of Socio-Economic Demands
- Chapter 38: National Human Rights Institutions
- Chapter 39: Human Rights Cities
Part V: Global Justice and Accountability
- Chapter 40: The Extension and Legalization of Human Rights
- Chapter 41: Domestic Courts and International Human Rights
- Chapter 42: Human Rights in Accountability Processes: A Look at Ad Hoc Hybrid Criminal Courts
- Chapter 43: International Jurisdiction
- Chapter 44: From Humanitarian Intervention to the Responsibility to Protect: Old Wine in a New Bottle or the Progressive Development of International Law?
Part VI: Peace, Reconciliation and Sustainability
- Chapter 45: Awareness, Learning and Education in Human Rights
- Chapter 46: “Fact-Based Storytelling” or Fact-Based Activism? Tensions, Strategies and Next Steps of Human Rights and Journalism
- Chapter 47: Prevention and Human Rights
- Chapter 48: Peacebuilding and Human Rights
- Chapter 49: Transitional Justice and Human Rights
- Chapter 50: Human Rights, Memory and Reconciliation: Korea–Japan Relations
Part VII: People, Power and Property
- Chapter 51: People's Power and Participation
- Chapter 52: Human Right to Development
- Chapter 53: Intellectual Property Rights
Part VIII: Future Directions
© Anja Mihr and Mark Gibney 2014
Chapter 1© Neil J. Mitchell and Bronia Naomi Flett 2014
Chapter 2© Jean-Paul Lehners 2014
Chapter 3© Eva Maria Lassen 2014
Chapter 4© Anja Mihr 2014
Chapter 5© Heather Smith Cannoy 2014
Chapter 6© Yutaka Arai-Takahashi 2014
Chapter 7© Wolfgang Wagner 2014
Chapter 8© Daniel J. Whelan 2014
Chapter 9© Lena Barrett 2014
Chapter 10© Clair Apodaca 2014
Chapter 11© Todd Landman 2014
Chapter 12© Hans J. Giessmann 2014
Chapter 13© Quirine Eijkman 2014
Chapter 14© Dimitra B. Manou 2014
Chapter 15© Azubike Onuora-Oguno 2014
Chapter 16© Marianne Schulze 2014
Chapter 17© Gwendolyn Beetham 2014
Chapter 18© Chiseche Salome Mibenge 2014
Chapter 19© Bonny lbhawoh 2014
Chapter 20© Alison Brysk 2014
Chapter 21© Hans Peter Schmitz
Chapter 22© Brigitte Hamm, Christian Scheper and Maike Drebes 2014
Chapter 23© Aigul Kulnazarova 2014
Chapter 24© Safia Swimelar 2014
Chapter 25© Míchel Angela Martinez and Alison Dundes Renteln 2014
Chapter 26© Elizabeth S. Anker 2014
Chapter 27© Christian Davenport 2014
Chapter 28© Morag Josephine Grant 2014
Chapter 29© Hari Jon 2014
Chapter 30© Daniel Warner 2014
Chapter 31© Julia Kozma 2014
Chapter 32© Sisay Alemahu Yeshanew 2014
Chapter 33© Diana Contreras-Garduño 2014
Chapter 34© Mervat Rishmawi 2014
Chapter 35© Alison Duxbury and Tan Hsien-Li 2014
Chapter 36© Carmen Thiele 2014
Chapter 37© Ida Elisabeth Koch 2014
Chapter 38© Valentin Aichele 2014
Chapter 39© Barbara Oomen and Moritz Baumgärtel 2014
Chapter 40© Monika Heupel 2014
Chapter 41© Gábor Halmai 2014
Chapter 42© Brianne McGonigle Leyh 2014
Chapter 43© Mark Gibney 2014
Chapter 44© Felipe Gómez Isa 2014
Chapter 45© Katherine Covell 2014
Chapter 46© Shayna Plaut 2014
Chapter 47© Rhona K.M. Smith 2014
Chapter 48© Thorsten Bonacker and Sina Kowalewski 2014
Chapter 49© Hugo van der Merwe and Jasmina Brankovic 2014
Chapter 50© Mikyoung Kim 2014
Chapter 51© Mahmood Monshipouri 2014
Chapter 52© Aristoteles Constantinides 2014
Chapter 53© Helle Porsdam 2014
Chapter 54© Rhoda E. Howard-Hassmann 2014
Chapter 55© Michael Nyongesa Wabwile 2014
Chapter 56© Takele Soboka Bulto 2014
Chapter 57© Wouter Vandenhole, Gamze Erdem Türkelli and Rachel Hammonds 2014
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List of Figures and Tables[Page xi]
- Figure 5.1 Growth in the Number of Human Rights Treaties and Declarations between 1948–2007 72
- Figure 5.2 Percentage of States Ratifying the Core Human Rights Treaties 73
- Figure 11.1 Cross-national generalizations and comparative methods 188
- Figure 25.1 Article 19 (Image: © 2008–2014 Benny Chu for Designmatters at Art Center College of Design) 436
- Figure 25.2 Carl Fredrik Reuterswärd (1985), Non-Violence (Photo: UN Photo) 437
- Figure 25.3 Ai Weiwei (2009), So Sorry (Photo: http://wikimedia.org) 3
- Figure 25.4 Josiah Wedgwood (1787), The Wedgwood Medallion, ‘Am I Not a Man and a Brother?’ (Photo: The British Museum) 3
- Figure 25.5 Pablo Picasso (1937), Guernica (Photo: http://www.wikipedia.org)440
- Figure 25.6 Francisco de Goya (1814), The Third of May 1808. (© Madrid, Museo Nacional del Prado) 441
- Figure 25.7 Kenyan street artists call out corrupt politicians and demand reform (Photo: Clar Ni Chonghaile and Think Africa Press, 2012) 442
- Figure 25.8 Banksy (2006), Disneyland (installation of a figure representing a Guantánamo detainee). (Photo: http://www.pestcontroloffice.com) 443
- Figure 25.9 Banksy (2008), One Nation Under CCTV (Photo: Getty Images)444
- Figure 25.10 Banksy (2004) Can't Beat the Feeling (Photo: http://www.pestcontroloffice.com) 444
- Figure 25.11 The Mothers Movement (Las Madres/La Asociación Madres de Plaza de Mayo), Argentina) (Photo: http://www.twolittlevees.wordpress.com/2011/03/30/an-army-of-mothers-cannot-fail) 445
- Figure 25.12 Kevin Carter (March 1, 1993), Famine In Sudan: Vulture Watching Starving Child (Photo: Sygma/Corbis) 3
- Figure 25.13 Fernando Botero (2005), Abu Ghraib 66 (Image: University of California, Berkeley Art Museum and Pacific Film Archive) 448 [Page xii]
- Figure 25.14 3
- Figure 25.15 Andrew Kirchner (2012), Cemetery Chess 453
- Figure 27.2 Cover of Civil War #7 491
- Figure 48.1 The Human Rights Based Approach in German Development Cooperation (GTZ 2009: 6) 889
- Figure 50.1 Comfort Women Peace Monument (backview) 912
- Figure 50.2 Comfort Women Human Rights Monument in Palisades Park, New Jersey, USA 914
- Figure 55.1 Scheme of States’ International Human Rights Responsibility since 1945 1002
- Figure 55.2 The Extraterritorial Human Rights Responsibility created by the Charter of the United Nations 1945 1003
- Table 11.1 Epistemology, methodology and human rights 183
- Table 55.1 Generic illustrations of States’ extraterritorial human rights responsibility 1001
Notes on the Editors and Contributors[Page xiii]The Editors
Anja Mihr is the Head of the Rule of Law Department at The Hague Institute for Global Justice. She has worked as Associate Professor at the Netherlands Institute of Human Rights (SIM), University of Utrecht, Netherlands and is one of two principle investigators of the ORA project on the Impact of Transitional Justice on democratic institution building. In 2008 she was Visiting Professor for Human Rights at Peking University Law School in China and worked for the Raoul Wallenberg Research Institute on Human Rights, Lund University. From 2006–2008 she was the European Program Director for the European Master Degree in Human Rights and Democratization (E.MA) at the European Inter-University Centre for Human Rights in Venice (EIUC), Italy. She received her PhD in Political Sciences from the Free University in Berlin, Germany, in 2001. Mihr has worked for Amnesty International and the German Institute for Human Rights. From 2002–2006 Anja Mihr also served as Chair of Amnesty International Germany.
Mark Gibney is the Belk Distinguished Professor at UNC-Asheville. His most recent book projects include: Watching Human Rights: The 101 Best Films (Paradigm, 2013); Litigating Transnational Human Rights Obligations: Alternative Judgments (edited volume with Wouter Vandenhole) (Routledge, 2013); The Politics of Human Rights: The Quest for Dignity (with Sabine Carey and Steven Poe) (Cambridge University Press, 2010); Universal Human Rights and Extraterritorial Obligations (edited volume with Sigrun Skogly) (University of Pennsylvania Press, 2010); and The Global Refugee Crisis (ABC-CLIO, 2010). Since 1984, Gibney has directed the Political Terror Scale (PTS), which measures levels of physical integrity violations in more than 185 countries http://www.politicalterrorscale.org.The Contributors
Valentin Aichele wrote his doctoral thesis on National Human Rights Institutions. He graduated in 1998 from Leipzig University, received a Master of Laws (LLM) from Adelaide University in 2000 and completed his practical legal training in [Page xiv]Berlin in 2004. He is an expert on National Human Rights Institutions, economic, social and cultural rights, and the rights of persons with disabilities. In 2005 he took up the position as legal advisor to the German Institute for Human Rights in Berlin on economic, social and cultural rights. Since 2009, he has been the head of the German Monitoring Body for the UN Convention on the Rights of Persons with Disabilities, which is part of the German Institute for Human Rights.
Elizabeth S. Anker specializes in contemporary literature, law and literature, and the relationship between aesthetics and politics. She is Associate Professor in the English Department at Cornell University. Her first book is Fictions of Dignity: Embodying Human Rights in World Literature (Cornell University Press, 2012). Anker has recently written about animal rights in New Literary History, the 9/11 novel in American Literary History, democracy in NOVEL: A Forum on Fiction, and sovereignty in contemporary cinema in the UTQ. Her current book project, ‘Our Constitutional Metaphors: Law, Culture, and the Management of Crisis’, examines how the challenges of constitutionalism are imagined in literature, architecture, television, and film. She is also co-editing two collections, one on new directions in law and literature and another on the hermeneutics of suspicion.
Clair Apodaca is an Associate Professor in the Department of Political Science at Virginia Tech. Her work has appeared in Human Rights Quarterly, The Journal of Human Rights, International Studies Quarterly, Politics and Gender, to name just a few. She also has two books on human rights issues: Understanding US Human Rights Policy: A Paradoxical Legacy (2006), and Child Hunger and Human Rights: Global Governance (2010), both published by Routledge.
Yutaka Arai-Takahashi is a Reader in International Law at the University of Kent at Brussels, Belgium, and the University of Kent at Canterbury, UK. He obtained LLM at University of Keio 1993. He holds a PhD from the University of Cambridge. His publications include The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR (Intersentia, 2002); The Law of Occupation – Interplay between International Humanitarian Law and International Human Rights Law (Martinus Nijhoff, 2009); and many articles in the area of international humanitarian law and human rights, including ‘Scrupulous but Dynamic. The Freedom of Expression and the Principle of Proportionality under European Community Law’, (2005) 24 Yearbook of European Law, pp. 27–80; July 2012 ‘Preoccupied with Occupation – Critical Examinations of the History of the Law of Occupation’, (2012) 94 International Review of the Red Cross, 51–80; and ‘Proportionality’, in: D. Shelton (ed.), The Oxford Handbook of International Human Rights Law, (Oxford University Press, 2013).
Lena Barrett qualified as a Barrister in Ireland. After a decade spent working for NGOs in Ireland and Africa, focusing mainly on refugee protection, she [Page xv]completed a Masters at the European Inter-University Centre for Human Rights and Democratisation in Venice in 2007. She then moved to the University of York, where she set up a protective fellowship scheme for human rights defenders at risk. She has designed and taught courses for medical students on the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol). She is currently carrying out research for a PhD on the impact of civil society activism on the prevalence of torture.
Moritz Baumgàrtel is a PhD candidate at the Perelman Centre for Legal Philosophy of the Université Libre de Bruxelles (ULB). He holds a LLM degree in Public International Law from Utrecht University and an MPhil in International Relations from the University of Cambridge. His doctoral thesis concerns the procedural journey of foreigners as users of international and European human rights institutions.
Gwendolyn Beetham is an independent scholar living in Brooklyn, USA, where she teaches and works for local and international organizations dedicated to gender and sexual justice. Her work has been published in Gender Theories: The Key Concepts (Routledge, 2012); The International Handbook of Gender and Poverty (Edward Elgar, 2010); The Women's Movement Today: An Encyclopaedia of Third Wave Feminism (Greenwood, 2005); and the Gender and Development Journal. She edits the series The Academic Feminist on http://Feministing.com and has been an editor for The Scholar and Feminist Online and the Graduate Journal of Social Science. She has a PhD from the Gender Institute at the London School of Economics.
Thorsten Bonacker is Professor for peace and conflict studies at the Center for Conflict Studies, University of Marburg. He recently co-edited a volume on Victims of International Crimes (2013) and a special section on the Impact of Transitional Justice for the Journal of Conflict and Violence (2013). He is working on international administrations in post-conflict societies, on transitional justice and human rights, and on human rights in development programs in the field of reproductive health. His regional focus is Central and South East Asia. He is also co-editor of the German Journal of Peace and Conflict Studies (ZeFKo).
Jasmina Brankovic is a Researcher with the Centre for the Study of Violence and Reconciliation, South Africa, and the Associate Editor of the International Journal of Transitional Justice. Her research interests include civil society approaches to transitional justice and the intersection of transitional justice and socioeconomic transformation.
Alison Brysk is Mellichamp Professor of Global Governance at the University of California, Santa Barbara. She is the author and editor of ten books on international [Page xvi]human rights, most recently Speaking Rights to Power (Oxford University Press, 2013). Professor Brysk has held visiting appointments in Argentina, Ecuador, France, Spain, Sweden, the Netherlands, South Africa, and Japan, and Fulbright Chairs in Canada and India. She is currently a Fellow at the Woodrow Wilson International Center for Scholars.
Takele Soboka Bulto is Associate Professor of law in the Faculty of Law at the University of Western Australia. Previously he was an Australian Research Council Laureate Postdoctoral Fellow in the Centre for International Governance and Justice at Australian National University. A former judge of Oromia State Supreme Court in Ethiopia, and former practitioner before the African Commission on Human and Peoples’ Rights, Dr. Bulto has ample national and international experience as a human rights lecturer, researcher, practitioner and consultant. He received his PhD from Melbourne Law School, where his PhD Thesis, Rights, Wrong and the River between: Extraterritorial Application of the Human Right to Water in Africa, won the Melbourne Law School's Harold Luntz Prize (2011) and University of Melbourne Chancellor's Prize for Excellence in the PhD Thesis (2012). Dr. Bulto has published extensively in international journals and edited collections on human rights, water and environmental law topics. His most recent works include, The Extraterritorial Application of the Human Right to Water in Africa (Cambridge University Press, 2014); Extraterritoriality and International Human Rights Law: The Spatial Reach of African Human Rights Treaties (Forthcoming 2014, Routledge); and Justice beyond Borders: The Extraterritorial Reach of African Human Rights Instruments (Forthcoming 2014, Intersentia; co-edited with Professor Lilian Chenwi).
Aristoteles Constantinides is an Assistant Professor of International Law and Human Rights at the Law Department of the University of Cyprus. He holds a PhD in International Law from Aristotle University of Thessaloniki, Greece, where he also did a postdoc on legal aspects of financing for development. He has been a visiting scholar at the European Inter-University Center for Human Rights and Democratization in Venice, the Amsterdam Center of International Law and the University of Grenoble. He reports on Cyprus for the Oxford Reports on International Law in Domestic Courts and he is a member of the International Law Association's Committees on Non-State Actors and on Recognition and Non-Recognition in International Law as well as various other academic associations.
Diana Contreras-Garduño is a Lecturer and PhD researcher at Utrecht University's Netherlands Institute of Human Rights. Her research focuses on the relationship between collective reparations and victims’ individual right to benefit from remedies and reparations in the context of international criminal proceedings. In addition, she works as a supervisor in the Utrecht Law School Clinic on Conflict, Human Rights and International Justice and as a tutor and [Page xvii]law programme coordinator at Utrecht College University. Diana holds a LLM degree in International Law of Human Rights and Criminal Justice from Utrecht University and has a law degree from the IUEM University.
Katherine Covell, is a Professor of Psychology and Executive Director of the Children's Rights Centre at Cape Breton University, and representative of North America on the International NGO Council on Violence against Children. Her work is focused on children's human rights education, and the developmental implications of the United Nations Convention on the Rights of the Child. She has published numerous articles and five books on children's rights, the most recent of which is Education in the Best Interests of the Child (Howe … Covell, 2013). She has worked extensively with schools to develop materials for and to implement rights education, represented the Canadian NGO community at the UN Special Session on Children and Youth 2001–2002, presented Canada's NGO report to the UN Committee on the Rights of the Child in 2003, and was the lead researcher for the UN Global Study on Violence Against Children, for North America in 2005.
Christian Davenport is a Professor of Political Science at the University of Michigan as well as a Faculty Associate at the Center for Political Studies in the Fall of 2012. Primary research interests include political conflict (e.g., human rights violations, genocide/politicide, torture, political surveillance, civil war and social movements), measurement, racism and popular culture. He is the author of four books: Media Bias, Perspective and State Repression: The Black Panther Party (Cambridge University Press, 2010); State Repression and the Promise of Democratic Peace (Cambridge University Press, 2007); Repression and Mobilization with Carol Mueller and Hank Johnston (University of Minnesota Press, 2004), and Paths to State Repression: Human Rights Violations and Contentious Politics (Rowman … Littlefield, 2000). He is the author of numerous articles appearing in the American Political Science Review, the American Sociological Review and the American Journal of Political Science (among others). He is the recipient of numerous grants (e.g., 7 from the National Science Foundation) and awards (e.g., the Russell Sage Foundation Visiting Scholar Award and a Residential Fellowship at the Center for Advanced Study in the Behavioral Sciences – Stanford University). Prof. Davenport recently finished a book entitled To Kill a Movement: Mobilization, Repression and Demobilization (forthcoming with Cambridge University Press) and has ongoing projects on contention in the US, India, Northern Ireland and Rwanda. For more information, please refer to the following webpage: http://www.christiandavenport.com.
Maike Drebes is a Junior Researcher at the Institute for Development and Peace, University of Duisburg-Essen in Germany. She has studied political science, economics, educational science and statistics at universities both in Berlin and Munich and is currently a PhD candidate at the Institute for Business Ethics [Page xviii]at University of St. Gallen in Switzerland. Her research interests lie in the area of business ethics, corporate social responsibility as well as the challenges of regulating global production networks and the effects of labour standards on the realization of human rights.
Alison Duxbury is an Associate Professor at the Melbourne Law School, University of Melbourne. She is also a member of the International Advisory Commission of the Commonwealth Human Rights Initiative, the Australian Red Cross International Humanitarian Law Committee (Vic Division) and the Board of Directors of the International Society for Military Law and the Law of War. Alison has been a Visiting Fellow at the Institute of Commonwealth Studies, University of London, the Lauterpacht Centre for International Law, University of Cambridge, and the Centre for Comparative and Public Law at the University of Hong Kong. Alison's major research interests are in the fields of international institutional law, human rights law and international humanitarian law. She is the author of the book, The Participation of States in International Organisations: The Role of Human Rights and Democracy (Cambridge University Press, 2011).
Quirine Eijkman is the head of the Political Affairs and Press Office of Amnesty International Dutch section and a Senior-Researcher/Lecturer at the Centre for Terrorism and Counterterrorism of the Faculty Campus The Hague, Leiden University. Previously she worked for the Police and Human Rights Programme of Amnesty International, the Human Rights Committee of the Dutch Advisory Council on International Affairs, the Netherlands Institute of Human Rights (SIM), Utrecht University, and at the International Humanitarian Law Department of the Netherlands Red Cross. Currently, she is a Member of the Board of Advisors of the Dutch Platform on Civil Rights and the Dutch Section of the International Commission of Jurists (‘NJCM’) of which between 2005 and 2011 she was the (vice) President. Her research focuses on the (side) effects of security governance for human rights, transitional justice and the sociology of law.
Bronia Naomi Flett completed her PhD at the University of Aberdeen in 2012, under the supervision of Professor Neil Mitchell. Her research utilised a principal-agent framework to investigate the behaviour of pro-government armed groups and their propensity to commit human rights abuses. Bronia now works in academic publishing. She joined SAGE Publications in July 2013 as the Editorial Assistant in the Online Content team. She is now Associate Editor for Online Library Products and works primarily on commissioning and managing the SAGE Research Methods Cases collection.
Hans J. Giessmann is Executive Director of the Berghof Foundation in Berlin, Germany. He holds doctorates in Philosophy and Political Science and is Adjunct Professor at the University of Hamburg. Since 2009 Dr Giessmann is member of the Global Agenda Council on Terrorism of the World Economic [Page xix]Forum; after chairing the Council in 2011 and 2012. He is co-editor of the Berghof Handbook for Conflict Transformation (http://www.berghof-handbook.net) and member of editorial and advisory boards of international research journals, amongst other ‘Resiliance’ (Taylor … Francis). His recent publications include: with Véronique Dudouet and Katrin Planta (eds.) (2012) Post-War Security Transitions. Participatory peacebuilding after asymmetric conflicts (Oxford: Routledge) (with Daniela Koerppen and Norbert Ropers) eds. (2011) The Non-Linearity of Peace Processes (Opladen and Farmington Hills Budrich Publ.)
Felipe Gómez Isa is Professor of Public International Law at the Institute of Human Rights of the University of Deusto (Bilbao, Spain). He is National Director of the European Master in Human Rights and Democratization, organized in the framework of the European Inter-University Centre for Human Rights and Democratization (EIUC, Venice, Italy). Spanish representative to the UN Working Group on an Optional Protocol to CEDAW (New York, 1998 and 1999). He has been Visiting Professor in several European, Latin American, and Asian Universities. His publications include The Right to development in Public International Law (University of Deusto, 1999); Privatisation and Human Rights in the Age of Globalisation, (Intersentia, co-edited with Koen de Feyter, 2005); International Human Rights Law in a Global Context (University of Deusto, co-edited with Koen de Feyter, 2009), and Rethinking Transitions. Equality and Social Justice in Societies Emerging From Conflict (Intersentia, co-edited with Gaby Oré, 2011).
Morag Josephine Grant is a musicologist and human rights activist. She studied musicology in Glasgow, London and Berlin. From 2008–2014 she led the research group ‘Music, Conflict and the State’ at the University of Göttingen. Her research interests include new and experimental art music since 1950, the social functions of song and singing, music in Scotland, and music and human rights. She has published extensively on issues relating to the use of music in torture, and on the use of music to promote and facilitate acts of violence, particularly in armed conflict and in the context of genocide. As a human rights activist she has performed various voluntary roles for Amnesty International since 2002, including in strategy development and training, and with a particular focus on children's human rights.
Gábor Halmai is Professor of Law at the Eötvös Loránd University; Budapest. Since 2011 he is visiting research scholar at Princeton University, and since 2003 he is the national director of the European Masters Program in Human Rights and Democratization in Venice. Between 2007–2010 he was member of the EU Fundamental Rights Agency's Management Board, between 1990–1997 as chief counsellor to the President of the Hungarian Constitutional Court. His primary research interests are comparative constitutional law and human rights. [Page xx]He has published several books and articles, as well as editing volumes on these topics. His most recent book is Perspectives on Global Constitutionalism (Eleven International Publishing, 2014).
Brigitte Hamm is a Senior Researcher at the Institute for Development and Peace at University of Duisburg-Essen in Germany. Her research focus is on the governance of human rights and business. She has widely published on human rights, corporate responsibility and related topics in academic journals and books.
Rachel Hammonds is a Researcher and Lecturer in the Public Health Department of the Institute of Tropical Medicine, Antwerp, a PhD candidate at the VUB University in Brussels and a member of the Law and Development Research Group at the Law Faculty of the University of Antwerp. Her research focuses on the interaction between global health, development and human rights.
Monika Heupel is a Political Scientist (MA University of Warwick, PhD University of Bremen) and a research associate at the Social Science Research Center Berlin (WZB), research unit ‘Transnational Conflicts and International Institutions’. Her current research focuses on the human rights obligations of the United Nations and other international organizations and, more broadly, on the internationalization of the rule of law. She has published, among others, in the European Journal of International Relations, Security Dialogue, Cooperation and Conflict, International Affairs and the Journal of International Relations and Development.
Rhoda E. Howard-Hassmann is Canada Research Chair in International Human Rights at Wilfrid Laurier University, holding a joint appointment in the Department of Global Studies and the Balsillie School of International Affairs. She is also a Fellow of the Royal Society of Canada. In 2006 the Human Rights section of the American Political Science Association named Dr. Howard-Hassmann its first Distinguished Scholar of Human Rights. Recent books include her Compassionate Canadians: Civic Leaders Discuss Human Rights (2003), Reparations to Africa (2008) and Can Globalization Promote Human Rights? (2010), as well as her co-edited Economic Rights in Canada and the United States (2006) and The Age of Apology (2008). Her current research is on governments that starve their own citizens and what can be done to stop this practice; so far, her case studies include Zimbabwe and North Korea.
Tan Hsien-Li is Senior Research Fellow and Executive Director of the ASEAN Integration through Law (ASEAN ITL) Project at the Centre for International Law, National University of Singapore (CIL-NUS). Hsien-Li is also the Deputy Editor of the Asian Journal of International Law. Hsien-Li was previously the Asian Society of International Law Research Fellow at the Faculty of Law, NUS, and the Association for Peace and International Cooperation (APIC) Ushiba Memorial ASEAN Fellow in Tokyo working on Japan's human security foreign policy and its [Page xxi]impact on Southeast Asia. Hsien-Li researches primarily on public international law, particularly on institution-building and norm-creation, as well as human rights and peace and security issues in the ASEAN region. Her book, The ASEAN Intergovernmental Commission on Human Rights: Institutionalizing Human Rights in Southeast Asia, was published by Cambridge University Press in 2011.
Bonny Ibhawoh is an Associate Professor of History and Human Rights at McMaster University, Canada. He teaches and researches in the fields of imperial and legal history, human rights, and peace/conflict studies. He has taught in universities in Africa, Europe and the United States. He was previously a Human Rights Research Fellow at the Carnegie Council for Ethics and International Affairs, New York and Research Fellow at the Danish Institute for Human Rights, Copenhagen. He has served as a consultant to the Constitutional Rights Project and the Canadian Museum of Human Rights. He is the author of Imperialism and Human Rights (SUNY Press) and Imperial Justice (Oxford University Press).
Hari Jon is an English qualified dispute resolution lawyer at an international law firm, Norton Rose Fulbright LLP, based in London. Hari is a core member of Norton Rose Fulbright's Business and Human Rights Working Group and a member of Advocates for International Development. Hari graduated from the European Inter-University Centre for Human Rights and Democratisation in Venice with a European Master's Degree in Human Rights and Democratisation. Hari wrote her Master's thesis on The Other CSR: Can ‘Celebrity Activism’ Create a Culture of Celebrity Social Responsibility? under the supervision of Dr. Graham Finlay at the University College Dublin, a contributing author of the book Transnational Celebrity Activism in Global Politics. Hari was also invited to the 65th Venice International Film Festival as a jury for the EIUC Human Rights Film Award.
Mikyoung Kim is Associate Professor at the Hiroshima City University-Hiroshima Peace Institute, Japan. She was a Fulbright visiting professor at Portland State University, OR, USA, and served with the U.S. State Department at the U.S. Embassy in Seoul, Korea, as a public diplomacy specialist. She has published many articles on memory, human rights and pacifist movements in East Asia. Kim is coeditor of Northeast Asia's Difficult Past: Essays in Collective Memory (Palgrave Macmillan) and the North Korean Review. Her book Securitization of Human Rights: North Korean Refugees in East Asia (Praeger) was published in February 2012. She is guest editor of Memory Studies Journal for a special issue on Korean memory (April 2013, Vol. 6, No. 2). Her new book, Routledge Handbook of Memory and Reconciliation in East Asia is forthcoming in December, 2014.
Ida Elisabeth Koch is a Guest Professor in International Human Rights Law at the Faculty of Law, Lund University, Sweden. In recent years her research [Page xxii]interest has in particular covered economic, social and cultural rights, the notion of the indivisibility of human rights and judicial review including the justiciability of human rights as indivisible rights. She has published extensively on these issues in the form of articles, contributions to anthologies etc. In addition she has authored a monograph on the notion of the indivisibility of human rights (Human Rights as Indivisible Rights – the Protection of Socio-Economic Demands under the European Convention on Human Rights), Martinus Nijhoff Publishers, 2009). She is a member of the Editorial Board of European Human Rights Law Review. She has taught human rights law in a variety of contexts most recently at the International Human Rights Masters Programme at the Faculty of Law, Lund University.
Sina Kowalewski is Senior Researcher at the Center for Conflict Studies, University of Marburg. She is working on international sanctions, human rights and civil society in conflict. Her regional focus is Burma. She is also speaker of the platform for civil conflict transformation in Germany.
Julia Kozma holds a PhD in International Criminal Law and a Master's Degree in Human Rights and Peace Support Operations. Since 2004, she is legal researcher at the Ludwig Boltzmann Institute of Human Rights, Vienna; and since 2008 senior legal researcher at the University of Vienna. From 2008 to 2012 she was head of the team ‘Human Dignity and Public Security’ at the Ludwig Boltzmann Institute. Until 2010, she worked for the mandate of the United Nations Special Rapporteur on Torture, and participated in various fact-finding missions (Nepal, Jordan, Gambia, Togo, Sri Lanka, Moldova, Uruguay, and Jamaica) as well as in the report on Guantánamo Bay. In December 2009, the Committee of Ministers of the Council of Europe elected her Austrian expert member of the European Committee for the Prevention of Torture (CPT); in 2013 she was unanimously re-elected for a second term. She has broad teaching experience and has written diverse publications on human rights and torture.
Aigul Kulnazarova is Professor of International Relations and International Law at Tama University in Japan. She specializes in international law, human rights, international organizations, international relations and history. Her current research is concerned with human rights and technology, Asian international relations, and global impacts of UNESCO. She has published articles, essays and book chapters on the topics of human rights, decolonization, post-war international relations of Third World nations, concepts of culture and race both in Russian and English. Her latest publication includes ‘Bridging Cultures, Negotiating Difference’ with The SAGE Handbook of Globalization (2014). Currently, Dr. Kulnazarova is a Senior Research Scholar and Member of International Project ‘Routes of Knowledge: The global history of UNESCO, 1945–1975’, which is hosted by Aalborg University and supported by Danish Research Council through August 2017.
[Page xxiii]Todd Landman is Professor of Government and Director of the Institute for Democracy and Conflict Resolution at the University of Essex in the UK. His most recent publications include Human Rights and Democracy: The Precarious Triumph of Ideals Bloomsbury (2013) Real Social Science: Applied Phronesis (Cambridge, 2012) with Bent Flyvbjerg and Sandford Schra; Human Rights, Vol. I–IV (Sage 2010); Measuring Human Rights (Routledge 2009), with Edzia Carvalho; and the Sage Handbook of Comparative Politics (Sage 2008) with Neil Robinson. He is the project leader for the Human Rights Atlas http://www.humanrightsatlas.org. He has numerous articles on human rights and methods in academic journals and has been engaged in a variety of international consultancies relating to the measurement, analysis and assessment of development, democracy and human rights.
Eva Maria Lassen, Senior Researcher at the Danish Institute for Human Rights, holds a PhD in History and is an expert on religious freedom, the history of human rights in different cultures, and the balance between, on the one hand, respect for cultural and religious diversity and, on the other hand, the promotion and protection of universal human rights. She was research director of the Danish Institute for Human Rights from 2007–2012 and is currently member of the Board of Administrators of the European Inter-University Centre of Human Rights and Democratisation (EIUC), national director of the European Master's Degree in Human Rights and Democratisation (E.MA), Executive Secretary of the Association of Human Rights Institutes (AHRI), and vice-chair of Humanity in Action, Denmark.
Jean-Paul Lehners is a Professor Emeritus of Global History at the University of Luxemb.urg. He studied History at the Universities of Strasbourg (France) and Vienna (Austria) and did his PhD on Social and Economic History at the University of Vienna in 1973; he was Vice-Rector, University of Luxembourg from 2003–2007. He is the Chairholder of the UNESCO Chair in Human Rights, University of Luxembourg (2011–present), the National director, E.MA Master in Human Rights and Democratisation, Venice (1998–present) Member of the Board of The European Inter-University Centre for Human Rights and Democratisation (EIUC) (2002–present), President of the Commission consultative des droits de l'hommedu Grand-Duché de Luxembourg (2006–2013) and member of the European Commission against Racism and Intolerance) (ECRI) of the Council of Europe (2011–present). Lehners has given over 110 public lectures, written more than 60 articles and was co-editor of a series of 8 volumes on ‘Globalgeschichte 1000–2000’ (global history) at Mandelbaum Verlag, Vienna.
Dimitra B. Manou holds a degree in Law, a MSc in International Studies and a PhD in International Environmental Law (Aristotle University of Thessaloniki). She has conducted research in several multidisciplinary FP6 and FP7 EU funded projects as well as COST actions with main focus on climate change, biodiversity conservation and sustainable development issues. She has worked [Page xxiv]as a post-doctorate researcher at the Faculty of Law, Universite Catholique de Louvain la Neuve, she has been awarded a Marie Curie fellowship (IVM, Vrije Universiteit, Amsterdam) and she is currently a fellow at the Centre for International Sustainable Development Law (McGill University, Montreal). Her research interests include international environmental law, climate change governance, biodiversity conservation and development assistance.
Míchel Angela Martinez is an activist-photographer pursuing a PhD in Political Science at the University of Southern California. She studies social movements and visual culture, works on a variety of campaigns with the National Lawyers Guild, and most recently was the inaugural Social Justice Research Fellow at the Program For Environmental and Regional Equity in Los Angeles. She uses her training in law, politics, and the arts to offer interactive workshops on rights and protest strategy, and to provide design and documentary materials to communities engaged in social justice struggles.
Brianne McGonigle Leyh is a Senior Researcher and Lecturer at Utrecht University's Netherlands Institute of Human Rights (SIM), specializing in international criminal law and procedure, human rights, victims’ rights and transitional justice. She is an executive editor of the Netherlands Quarterly of Human Rights, co-coordinates the LLM in International Human Rights and Criminal Justice and co-directs the Dutch Office of the Public International Law … Policy Group.
Chiseche Salome Mibenge is a graduate of the University of Zambia's School of Law and she defended her PhD in international human rights law with Utrecht University's School of Law in the Netherlands. She has been invited as a visiting scholar by various academic institutes, including American University's Center for Human Rights and Humanitarian Law and the National University of Rwanda's Center for Conflict Management. She has acted as a gender expert for UNIFEM and the OHCHR on human rights missions in Sierra Leone and the Democratic Republic of Congo. She is an Assistant Professor at Lehman College, a senior college of the City University of New York. Her book Sex and International Tribunals: The Erasure of Gender from the War Narrative, was published by the University of Pennsylvania Press in Summer 2013.
Neil J. Mitchell is Professor of International Relations at University College London. He was previously at the University of Aberdeen and before that at the University of New Mexico. He is interested in the application of principal-agent arguments to human rights violations, the role of leadership and accountability. To examine the agent's contribution to conflict and human rights violations his current research concerns pro-government militias. His latest book, Democracy's Blameless Leaders (NYU Press, 2012) asks what can we expect from a political leader in a country like Britain or the United States when its soldiers kill civilians or mistreat prisoners? After Abu Ghraib or Bloody Sunday what happens next? [Page xxv]The book argues that accountability is a severe test for political leaders, despite the democratic folk lore of the buck stopping with them. The book provides an analysis of why leaders behave as they do, and what can be done about it.
Mahmood Monshipouri is an Associate Professor and Graduate Coordinator in the Department of International Relations at San Francisco State University. He is also a visiting Associate Professor at University of California, Berkeley. He is author, most recently, of Democratic Uprisings in the New Middle East: Youth, Technology, Human Rights, and US Foreign Policy (Boulder, CO: Paradigm Publishers, 2014). He is also author of Terrorism, Security, and Human Rights: Harnessing the Rule of Law (Boulder, CO: Lynne Rienner Publishers, 2012) and editor of Human Rights in the Middle East: Frameworks, Goals, and Strategies (New York: Palgrave-Macmillan, 2011). Currently, he is working on a project on Social Change in the Post-Khomeini Iran.
Azubike Onuora-Oguno LLB (University of Ilorin), BL (Nigeria Law School), LLM (University of Pretoria, South Africa). Onuora-Oguno is currently a Lecturer at the University of Ilorin, Nigeria and tutor LLM Human Rights and Democratisation in Africa at the University of Pretoria. His main area of focus is on human rights and international law with a particular passion for minority rights’. He is a practicing lawyer before the Nigeria Supreme Court. Aside from his academic achievements, Mr Onuora-Oguno has vast professional experience gained from his work and affiliation with the International Refugee Rights Initiative, Kampala, Uganda. He worked as a law clerk in the Information and Evidence Unit, Office of the Prosecutor International Criminal Court, The Hague, Netherlands. Mr Onuora-Oguno has written on the indigenous peoples’ right to education, language rights, justiciability of the right to education in Nigeria. He is an LLD candidate at the Centre for Human Rights, faculty of law, University of Pretoria, South Africa.
Barbara Oomen holds a Chair in the Sociology of Rights at Utrecht University, and is the Dean of one of its Liberal Arts and Sciences colleges: the University College Roosevelt. Research for this article was supported by the NICIS Institute, as part of a wider research project on the rise of human rights cities.
Shayna Plaut is a graduating doctoral candidate at the University of British Columbia; her area of focus is on the intersections of journalism, human rights and social change with people who identify with being transnational. Shayna has designed and taught courses on human rights and human rights reporting to journalists and future producers of culture since 2004, including designing the first Human Rights Reporting class offered at the graduate level in Canada. Through Columbia University, she also ran a research project mapping the current state of human rights education in journalism education, worldwide. Coming from a praxis based perspective; Shayna has conducted fieldwork with [Page xxvi]journalists, activists and donors in the Balkans as well as Sapmi. Her work is published in academic, journalistic and creative forums. Since 2001, Shayna has engaged in extensive research on Romani media and civil society and served in a variety of volunteer leadership positions with Amnesty International and Amnesty USA. From 2000–2003, Shayna was the Human Rights Education Coordinator for the Midwest Region of Amnesty International USA. She received her MA from the University of Chicago and her BA from Antioch College. Shayna has two cats and refuses to colour within the lines.
Helle Porsdam is Professor of American Studies at the University of Copenhagen. She holds a PhD in American Studies from Yale University and a Dr. Phil. from the University of Southern Denmark. She has been a Liberal Arts Fellow twice at the Harvard Law School; an Arcadia Fellow at Wolfson College, Cambridge; a Fellow of the Center for Advanced Study, Munich, as well as a Global Ethics Fellow with the Carnegie Council for Ethics in International Affairs (2012–present). She is the author, most recently, of From Civil to Human Rights (Edward Elgar, 2009) and the editor of Dialogues on Justice: European Perspectives on Law and Humanities (de Gruyter, 2012) and Civil Religion, Human Rights and International Relations (Edward Elgar, 2012). She was the project leader of CULTIVATE, funded by HERA (Humanities in the European Research Area, ESF) from 2010–13.
Alison Dundes Renteln is a Professor of Political Science, Anthropology, Law, and Public Policy at the University of Southern California where she teaches international law and human rights. A graduate of Harvard (History and Literature), she has a PhD in Jurisprudence and Social Policy from the University of California, Berkeley and a JD from the USC Law School. Her publications include The Cultural Defense (Oxford, 2004), Folk Law (University of Wisconsin, 1995), Multicultural Jurisprudence (Hart, 2009), and Cultural Law (Cambridge, 2010). She has taught judges, lawyers, court interpreters, jury consultants, and police officers at meetings of the American Bar Association, National Association of Women Judges, North American South Asian Bar Association, American Society of Trial Consultants, and others. She has collaborated with the UN on the implementation of the Convention on the Rights of Persons with Disabilities, lectured on comparative legal ethics in Bangkok and Manila at ABA-sponsored conferences, and served on several California civil rights commissions and the California committee of Human Rights Watch. Currently she is a Fellow at Stanford's Center for Advanced Study in Behavioral Science.
Mervat Rishmawi is a Palestinian human rights activist. She worked with the International Secretariat of Amnesty International for approximately 12 years, most of which as the Legal Advisor to the Middle East and North Africa Region, during which she developed most of the organisation's work in relation to the League of Arab States. Before that, she acted as a consultant for a number of UN [Page xxvii]agencies and the OHCHR. Since the end of March 2010 she is self-employed as a human rights consultant. One of her main areas of focus is assisting civil society organizations to strengthen their engagement with the League of Arab States. Ms. Rishmawi has published on a number of human rights issues, including on administration of justice, and the human rights standards and mechanisms of the League of Arab States. She is a Fellow at the Human Rights Centre of the University of Essex, and the Human Rights Law Centre at the University of Nottingham. She also sits on boards and advisory councils of several international and regional organizations.
Christian Scheper is a Junior Researcher at the Institute for Development and Peace at University of Duisburg-Essen in Germany. He has been trained in political science and international relations at the universities of Münster (Germany), Twente (Netherland) and Exeter (UK) and is currently a PhD candidate at the University of Kassel in Germany. His research interests include the politics of globalization, human rights, critical political economy and contemporary political theory.
Hans Peter Schmitz is Associate Professor of political science at the Maxwell School of Citizenship and Public Affairs at Syracuse University. He is the co-founder of the Transnational NGO Initiative at the Maxwell School. His research interests focus on the effectiveness and accountability of international non-governmental organizations and the role of global advocacy regarding non-communicable diseases (NCDs). His journal publications can be found in the Review of International Studies, Comparative Politics, Polity, Human Rights Quarterly, the Journal of Business Ethics, among others. He is the author of Transnational Mobilization and Domestic Regime Change. Africa in Comparative Perspective (Palgrave Macmillan, 2006).
Marianne Schulze LLM and PhD, is an Australian-Austrian freelance human rights consultant. She studied law at the University of Vienna, Austria, the University of Notre Dame, Indiana and the University of Sydney, Australia. A monitor, analyst and advocate in the Ad Hoc Committee, which negotiated the CRPD, she authored the Handicap International e-book Understanding the Convention on the Rights of Persons with Disabilities and contributed to the World Bank/World Health Organization's ‘World Report on Disability’. With Maya Sabatello she edited Human Rights … Disability Advocacy – part of the Pennsylvania Studies in Human Rights. She received the 2012 Wundsam-Hartig-Award in recognition of her work as inaugural chair of the Independent Federal Monitoring Committee for the CRPD in Austria.
Rhona K.M. Smith is Professor of International Human Rights at Northumbria University in the United Kingdom of Great Britain and Northern Ireland. She has authored various international human rights textbooks and taught human rights around the world.
[Page xxviii]Heather Smith-Cannoy is an Associate Professor of International Affairs at Lewis … Clark College in Portland, Oregon. Her research focuses on the impact of international law on human rights and human trafficking. Her work has appeared in the International Political Science Review, The Journal of Human Rights, The Human Rights Review, and Civil Wars. Her book, Insincere Commitments: Human Rights Treaties, Abusive states, and Citizen Activism was published by Georgetown University Press in 2012.
Safia Swimelar is an Associate Professor of political science and international studies at Elon University in North Carolina where she teaches courses in international relations, human rights, international law, and peace and conflict studies. She completed her BA and MA degrees in government at the University of Texas at Austin, and her PhD in political science from the University of Nebraska in Lincoln. Her research interests include human rights and justice in the Balkans, LGBT rights in Eastern Europe, and the relationship between human rights and images, specifically film. She has published articles in academic journals such as International Journal of Human Rights, Human Rights Quarterly, Ethnopolitics, and International Studies Perspectives.
Carmen Thiele is Professor of International Law at the Faculty of Law of the European University Viadrina Frankfurt (Oder), Germany. She studied law in the former Soviet Union, taught international law in Cuba. Her doctoral degree in law she obtained from the Viadrina University. Professor Thiele's research interests include international law, especially human rights and minority rights, and the law of the states of the former Soviet Union. She has frequently acted as an expert for the United Nations, OSCE, Council of Europe, and European Union in these states. Professional memberships include the German Society of International Law and the German Society of Comparative Law. Professor Thiele has numerous publications on topics of international law and human rights in several academic journals such as European Human Rights Law Review, Archiv des Völkerrechts, Europarecht, Osteuropa-Recht.
Gamze Erdem Türkelli is currently a PhD candidate at University of Antwerp's Faculty of Law, conducting research on children's rights responsibilities of non-state economic actors. She received her Bachelor's degree from Bogazici University's Department of Political Science and International Relations, and Masters degrees from Université Paris 1-Pantheon Sorbonne and Yale University, where she specialized in public international law, children's rights and development as a Fulbright Fellow. She has also worked in different capacities for NGOs focusing on children's education and welfare as well as in the private sector prior to commencing her doctoral studies.
Wouter Vandenhole teaches human rights and holds the UNICEF Chair in Children's Rights at the Faculty of Law of the University of Antwerp (Belgium). [Page xxix]He is the spokesperson of the Law and Development Research Group and chairs the European Research Networking Programme GLOTHRO (Beyond Territoriality: Globalization and Transnational Human Rights Obligations). Vandenhole sits on the editorial board of Human Rights … International Legal Discourse and of the Journal of Human Rights Practice. He has published widely on economic, social and cultural rights, children's rights and transnational human rights obligations. The latter include both extraterritorial obligations of foreign states, and human rights obligations of non-State actors and international organizations.
Hugo van der Merwe is the Head of Research at the Centre for the Study of Violence and Reconciliation in South Africa where he manages national and regional projects on transitional justice and violence prevention. He is the Co-Editor in Chief of the International Journal of Transitional Justice. He is the co-editor of Assessing the Impact of Transitional Justice (USIP Press, 2009), Truth and Reconciliation in South Africa: Did the TRC Deliver? (University of Pennsylvania Press, 2008), and Conflict Resolution Theory and Practice (Manchester University Press, 1993). Hugo received his doctorate in Conflict Analysis and Resolution from George Mason University (1999) and a BSc from the University of Cape Town (majoring in Statistics and Sociology). He teaches transitional justice at the University of Cape Town.
Michael Nyongesa Wabwile is Associate Professor and head of the department of Private Law, Moi University, Kenya. He has been Commonwealth Scholar at Fitzwilliam College in the University of Cambridge and post-doctoral Commonwealth Academic Fellow at De Montfort University, Leicester. His research interests are in international protection of human rights; economic, social and cultural rights; States’ diagonal/extraterritorial human rights responsibility; children's rights; human rights and governance in the developing world; environmental law (human rights aspects); and comparative private law. His studies in human rights include Legal Protection of Social and Economic Rights of Children in the developing world: Reassessing International Cooperation and Responsibility (Intersentia, Antwerp 2010). His current projects include States’ extraterritorial responsibility to tackle gross violations of economic and social rights especially high level corruption and economic crime.
Wolfgang Wagner is Professor of International Security at the Vrije Universiteit Amsterdam. He obtained his MA from the University of Tübingen and his PhD from the Johann Wolfgang Goethe University Frankfurt am Main. His main research interest lies in the complex relationship between democracy and international security. Among his recent publications are ‘How far is it from Königsberg to Kandahar? Democratic Peace and Democratic Violence in International Relations’ (in Review of International Studies 37: 4 (2011), 1555–1577 (co-authored with Anna Geis)) and ‘Between Military Efficiency [Page xxx]and Democratic Legitimacy. Mapping Parliamentary War Powers in Contemporary Democracies, 1989–2004’ (in: Parliamentary Affairs 64: (1) (2011), 175–192 (co-authored with Dirk Peters)).
Daniel Warner earned his BA in Philosophy and Religion from Amherst College, USA, and a PhD in Political Science from the Graduate Institute of International Studies in Geneva, Switzerland. His manuscript, An Ethic of Responsibility in International Relations was awarded the Marie Schappler Prize by the Société Académique de Genève in 1991. Dr Warner has lectured and published extensively on multilateralism, US foreign policy, ethics, refugees, international law and international relations theory. Author, editor or co-editor of eleven books and numerous articles, his work has been translated into Arabic, Azeri, French, German, Persian, and Russian. Dr Warner established the Program for the Study of International Organization(s) (PSIO) in 1994 at the Graduate Institute of International Studies in Geneva, which served as an interface between academics and policy-makers. Since his retirement from the Graduate Institute in January 1, 2011, Dr Warner has been the Assistant Director for International Affairs at the Geneva Centre for the Democratic Control of Armed Forces (DCAF).
Daniel J. Whelan is currently Charles Prentiss Hough Odyssey Associate Professor and Chair of the Department of Politics … International Relations at Hendrix College where he teaches courses in international relations history and theory, international law, political theory, development, and human rights. He is author of Indivisible Human Rights: A History (Penn Press, 2010) and has published several articles with Jack Donnelly that have appeared in Human Rights Quarterly. More recent publications have appeared in The American Historical Review and International Studies Review. He is author of the entries on ‘Human Rights’ in The Oxford Companion to Comparative Politics (2013) and The Oxford Companion to International Relations (2014), and has a forthcoming chapter in a volume on the duties and responsibilities of state and non-state actors for human rights. His most recent work on the genealogy of the right to development will appear in an upcoming issue of Humanity.
Sisay Alemahu Yeshanew received his academic education in Ethiopia, South Africa and Finland, Sisay holds a PhD degree in international (human rights) law. He has worked as a judge in an Ethiopian provincial High Court, as a lecturer and researcher in law, human rights and governance with institutions located in Africa, Europe and North America, as a consultant with NGOs and intergovernmental organizations, and as a legal officer at the African Union Commission. Sisay is interested in doing multidisciplinary, academic and practical work on issues that lie at the intersections between human rights, law and development. He has published books and articles on such issues. He is currently a Post-Doc Researcher at Abo Akademi University in Finland and a consultant at the Food and Agriculture Organization of the UN.
From its origins in international law, human rights has evolved into a complex and broadly defined concept. Human rights principles are now embedded in a number of international, regional, national and even local regimes with a plethora of both formal and informal legal, political, traditional and customary instruments and mechanisms. In addition, there is a dizzying array of actors involved in the promotion and protection of human rights including not only myriad offices in the United Nations and regional human rights bodies, but the work of thousands of non-governmental organizations (NGOs), multinational corporations and other private actors as well.
It would not be hyperbole to claim that human rights have become relevant for all sectors of all societies and these principles have, in one way or another, come to influence every household, every business policy and every political statement. Thus, human rights principles go well beyond the realm of human security to include such things as education policy, environmental practices and the decision-making calculus of multinational enterprises. To state matters succinctly: no policy debate on any subject will be without the influence of human rights principles and standards.
Our goal in this Handbook is to reflect this vast range of human rights.
Volume 1 covers the history, genesis and theory behind human rights, addressing the important legal, political and societal debates, but it also does this by analysing the manner in which human rights principles have deeply influenced the world around us, whether it be through literature, art, sports, music or even the non-political world (or so it would seem) of comic books and graphic novels. Thus, the first volume highlights the mainstreaming of human rights that has taken place, particularly over the course of the past two decades.
Volume 2 goes into the international, regional and national mechanisms as well as the future directions of human rights issues and debates. The rapid dissemination of human rights over the past two decades by means of new technologies and the increased mobility of people and knowledge have dramatically changed the way institutions and mechanisms implement and enforce human rights. At the same time, the mainstreaming of human rights into all formal and informal sectors has also led to new debates in peacebuilding, transitional justice, the rule of law or the debate about property rights, journalism, climate change, extraterritorial obligations and responsibility to protect (R2P), as well [Page xxxii]as people's human development. The vast dissemination of the idea of human rights and its intriguing functions that aim at regulating our day-to-day lives in a peaceful and sustainable manner has by no means reached its limits. Different chapters reflect on the combination of new directions and present institutions.The Old – and New – Concept of Human Rights
The idea of human rights is as old as humankind's search for finding common rules and regulations (laws) that could help society reach a higher level of equality and justice. From the Golden Rule, dating somewhere around 3000 BC, to recent international treaties, human rights obligates states, governments and society at large to settle disputes and to organize political life according to a certain set of standards. The current international human rights regime is largely based on the post-World War II foundations manifested not only in the creation of the United Nations in 1945, but the Universal Declaration for Human Rights (UDHR) in 1948 and the European Convention for Human Rights and Fundamental Freedoms in 1950. Until 1990, the Cold War framed this issue even further. It determined to a large extent human rights debates within and among states, but also within regional human rights regimes such as the Arab League, the Organization of American States, the Council of Europe, the European Union or the African Union's previous Organization of African States. Most significantly, it was Cold War policies between East and West that resulted, at least in part, in the decision to create two separate covenants: the International Covenant on Social, Economic and Cultural Rights (ICSECR) and the International Covenant on Civil and Political Rights (ICCPR). However, many of the more recent international conventions, including the Convention to Protect the Rights of People with Disability, the Rights of the Disappeared and the Rights of Migrants, reflect the necessary reconciliation between civil and social rights. Furthermore, developments over the past two decades have shown that it is no longer one human right against another – for purely political reasons – but highlight their interdependency and indivisibility and how to best implement and apply these international norms.
Nevertheless, there are a number of political and civil obstacles standing in the way of the implementation of human rights norms and standards. It is not only the dearth of institutions or mechanisms but often the lack of political will, ignorance or else the lack of human rights awareness or the selfishness and antagonism of economic and social interests that hamper the full enjoyment of human rights. Freedom and human security, to name only two of the most important foundations of all international and regional agreements, are not disputed anymore. All governments now agree that these are fundamental to the enjoyment of peace, prosperity and security. Yet, the difference is how societies, for political or traditional reasons, interpret and apply these rights.[Page xxxiii]Emerging Areas of Human Rights
Mainstreaming human rights has largely taken place through the rising NGO engagement in the area of human rights through education, training and campaigning. Over the last decade there has been a certain saturation of human rights norms in international and regional treaties and agreements, while at the same time a rising demand for more monitoring, due diligence, implementation and enforcement of these norms that are globally agreed upon. But not all regimes, cultures and political systems can reconcile their ways of dealing with issues with human rights norms and principles. An important example of this would be the relationship between climate change, demographic shifts and growth, cybersecurity and human rights, which are based on different legal and political concepts. Nevertheless, an increasing number of actors and stakeholders are attempting this reconciliation, which is also inducing change in governance regimes on all levels.Actors and Stakeholders of Human Rights
The chapters in this Handbook provide solid evidence that the period where states and governments were the sole duty-bearers and actors in the field of human rights is over. Citizens and NGO responsibility and activism to promote and implement human rights are today an integral part of the international human rights regime. To be clear, governments will continue to play a central role in the promotion and protection (not to mention the violation) of human rights. However, what is increasingly clear is that they will do so alongside NGOs, citizens, private companies and an ever-expanding number of international organizations. All engage and aim to find ways of implementing and safeguarding human rights, but often they work on different societal levels and by different means of governance, including the multi-stakeholder approach, which is increasingly being viewed as one of the important ways of facing the challenge of future governance.
Thus, duty-bearers and right-holders have shifted and they will continue to remain in flux. And to choose one of the most visible examples of this change, it could be argued that filmmakers and celebrities, including the likes of Angelina Jolie and Bono, are as important to the dissemination and promotion of human rights (if not more so) as judges, politicians, scholars and teachers.Handbook OutlineVolume ITheoretical Issues and Methodology
Volume 1 is divided into three sections. The first section focuses on a number of key theoretical issues. Neil J. Mitchell and Bronia Naomi Flett set the stage [Page xxxiv]for this discussion with their overarching chapter Human Rights Research and Theory (Chapter 1). Jean-Paul Lehners presents a challenging historiography in Pleading for a New History of Human Rights (Chapter 2). One of the most frequent and vociferous debates in the entire field has been that between Universalism and Relativism (Chapter 3) explored by Eva Maria Lassen. In Governance and Human Rights (Chapter 4) Anja Mihr analyses the symbiotic relationship between ‘good governance’ principles – accountability, transparency and participation – and international human rights law.
As noted above, what has been striking over the course of the past two decades is the penetration of human rights and human rights principles into virtually all areas of life, and this issue is addressed in some depth by Heather Smith-Cannoy's Mainstreaming Human Rights (Chapter 5). With international conflicts subsiding – but with an increase in civil wars and with the advent of the ‘war on terrorism’ – the relationship between human rights and the law of wars is constantly evolving, an issue taken up by Yutaka Arai-Takahashi in The Interaction between International Humanitarian Law and International Human Rights Law (Chapter 6). For a long period of time, human rights did not fit in well with mainstream international relations theory, particularly ‘realism’. However, ‘human rights’ is now promoted by all states – at least in theory. Wolfgang Wagner analyses this ever-changing relationship in International Relations Theories and Human Rights (Chapter 7).
The legal codification of the UDHR into two separate international covenants has had, and will continue to have, enormous consequences. However, in The Two Covenants and the Evolution of Human Rights (Chapter 8), Daniel Whelan challenges the simplistic, but dominant, interpretation of this split, which maintains that Western states were dismissive of economic, social and cultural rights (ESCR) and that this mantle was taken up by the communist bloc. As Whelan points out, Western states were in fact responsible for creating the most far-ranging social welfare networks in the world. This, of course, is not in any way to denigrate civil and political rights (CPR), which are the focus of Lena Barratt's chapter Physical Integrity and Human Rights (Chapter 9). The ‘science’ of measuring human rights violations, particularly physical integrity rights, is taken up in the final two chapters in this section. One is Clair Apodaca's Human Rights Measurement (Chapter 10); the other is Todd Landman's Social Science, Methods and Human Rights (Chapter 11).Norms and Standards
The second section is devoted to the development of human rights norms and standards. The ravages of war have had some of the most devastating effects on the protection of human rights and this issue is explored by Hans Joachim Giessmann in Asymetric Non-International Violent Conflicts: Challenges to the Protection of Human Rights (Chapter 12). The present age has been marked by the ‘war on terror’, which serves as a baseline of analysis in Quirine Eijkman's National Security, Counterterrorism and Human Rights: Anticipating the Real [Page xxxv]Threat to Terrorism (Chapter 13). Not all violence comes at the point of a gun – at least not initially. Global warming and other environmental disasters will have a profound effect on human rights – CPR and ESCR alike – and this looming disaster and the severe consequences that will flow from it are examined by Dimitra Manou in Climate Change and Human Rights (Chapter 14). There are literally millions of refugees in the world – individuals whose government no longer offers them human rights protection – and this migratory phenomenon is examined in Azubike Chinwuba Onuora-Oguno's Migration, Refugees, Asylum and Uprooted People's Rights (Chapter 15).
The convention on The Human Rights of Persons With Disabilities (Marianne Schulze, Chapter 16) was referenced above. This international treaty is seemingly evidence of a new approach to human rights in the sense that it combines CPR and ESCR, but also in the way in which it brings together both territorial and extraterritorial state obligations. Although there is some evidence of change, LBGT people are often discriminated against, or worse. Gwendolyn Beetham provides an overview of the persecution of sexual minorities in The Human Rights of Gays, Lesbians, Bisexual and Transgender People (Chapter 17). Chiseche Salome Mibenge addresses some related themes in the chapter Human Rights, Women and Gender (Chapter 18), as does Bonny Ibhawoh in his chapter Inclusion Versus Exclusion (Chapter 19). Those who seek to promote and protect human rights are oftentimes targeted by oppressive regimes and this phenomenon is explored by Alison Brysk in Human Rights Defenders and Activism (Chapter 20).
Human rights have long been the preserve of governments but there has been a decided shift as many more actors have now become involved. Part of this is due to the explosion of non-governmental organizations, but what this also reflects is the recognition that human rights can be violated by private entities, whether it be multinational corporations such as Google operating in China or Shell in Nigeria, private security firms such as the (former) Blackwater, or else militias groups intent on overthrowing the governing regime. Hans Peter Schmitz provides an overview of the subject in his chapter Non-State Actors in Human Rights Promotion (Chapter 21). Brigitte Hamm, Maike Drebes and Christian Scheper address the issue of transnational corporations in Business, Trade and Human Rights (Chapter 22). Finally, there is a new world order in terms of our ability to communicate with one another – but also the state's ability to monitor such activities – and these issues are more fully explored by Aigul Kulnazarova in Communication and the New Technology (Chapter 23).Human Rights in Popular Culture
Human rights has had a profound impact on popular culture and this final section of Volume 1 provides several examples of this phenomenon. Going back to the photographs of whipped slaves tortured in the American south or Congolese natives with severed limbs under King Leopold's brutal reign of terror in the Congo, images of human suffering have long propelled popular revulsion and, at times, an international response. Safia Swimelar brings great insight and [Page xxxvi]knowledge to the subject in Making Human Rights Visible through Photography and Film (Chapter 24), while Michel Angela Martinez and Alison Dundes Renteln analyse art, broadly defined, in their chapter Human Rights in Art (Chapter 25).
Yet, long before visual images were available, human rights themes often appeared in literature and this medium continues to play an essential role in humanizing the subject, particularly those who are human rights victims. While Elizabeth Anker's chapter Human Rights in Literature (Chapter 26) focuses more on ‘highbrow’ literature, Christian Davenport gravitates to the other end of the spectrum in his engaging chapter States, Superheroes and Storytellers: Human Rights Through Comics and Graphic Novels (Chapter 27). Music is another art form that has played an essential role in many human rights struggles and it is the subject of Morag Josephine Grant's Music and Human Rights (Chapter 28). Perhaps all of this culminates in a world where movie stars and professional athletes play a central role in the promotion of human rights standards, which is astutely addressed by Hari Jon in Human Rights and Celebrities (Chapter 29).
Many claim that what attracts them to sports is that it serves as a refuge from many of the horrors of the world around them. Yet, international sporting events are replete with references to human rights, whether the ‘Black Power’ salute struck by American sprinters Tommy Smith and John Carlos at the 1968 Games in Mexico City, or the (political) decisions to host the Olympics in Berlin in 1936 or Beijing in 2008. Daniel Warner's Human Rights and International Sports (Chapter 30) reminds us all that sports will seldom, if ever, be non-political.Volume 2Human Rights Mechanisms
Volume 2 consists of five sections: human rights mechanisms; global justice and accountability; peace, reconciliation and sustainability; people, power and property; and finally, future directions. The first section is devoted to the remarkable rise of both international and regional human rights bodies. On the international level, Julia Kozma's The United Nations Human Rights System: The Genesis and Role of the Human Rights Council and the High Commissioner for Human Rights (Chapter 31) provides an overview of the myriad offices and institutions in that body that address human rights issues, with a particular emphasis on two of the more recent but also more important.
In terms of regional protection, Sisay Alemahu Yeshanew provides an extensive analysis in The African Regional Human Rights System (Chapter 32). The inter-American system is often viewed as being the second most successful system (behind Europe) and its work is critically examined by Diana Contreras-Garduo in her chapter The Inter-American System of Human Rights (Chapter 33). Although the Middle East is lagging behind other regions of the world in terms of the development of human rights mechanisms and institutions, there [Page xxxvii]has been some noticeable movement, as Marvat Rishmawi shows in The League of Arab States and Human Rights (Chapter 34). However, what remains unclear is what effect, if any, the Arab Spring will have on such developments. Similarly, although Asia does not have the same institutional bodies as other regions of the world it would be a mistake to conclude that human rights principles are not gaining ground in the East, as shown in the chapter by Alison Duxbury and Tan Hsien-Li, Human Rights Systems in the Asia-Pacific (Chapter 35).
The European human rights system is not only the oldest in the world, but in many ways the most widely admired and certainly the most influential. Two chapters are devoted to this. Carmen Thiele provides an overview of the European Human Rights System (Chapter 36) while Ida Koch's chapter The European Convention on Human Rights and the Protection of Socio-Economic Demands (Chapter 37) explores how the European Court of Human Rights has helped blur the distinction between civil and political rights and economic, social and cultural rights.
There has been a decided movement toward the establishment of national human rights institutions, which is explained and analysed by Valentin Aichele in National Human Rights Institutions (Chapter 38). Barbara Oomen and Moritz Baumgàrtel explore another noteworthy development that has occurred in various countries where Human Rights Cities (Chapter 39) have been established.Global Justice and Accountability
This next section is devoted to law – international and domestic law alike. Monica Heupel analyses The Extension and Legalization of Human Rights (Chapter 40), a phenomenon that shows no signs of slowing down, let alone stopping, any time soon. Gábor Halmai focuses on the use of international law in domestic proceedings, both civil and criminal, in the chapter Domestic Courts and International Human Rights (Chapter 41). Along these same lines, a recent development has been the advent of ‘hybrid’ courts, which combines elements of both international and domestic proceedings, and this phenomenon is examined more fully by Brianne McGonigle Leyh in Human Rights in Accountability Processes: A Look at Ad Hoc Hybrid Criminal Courts (Chapter 42).
Human rights are (universally) declared to be ‘universal’, yet under the dominant interpretation of international law a state's human rights obligations extend no further than its own national borders. The key term is ‘jurisdiction’ and international and regional human rights bodies alike have given a restricted meaning to this. The resulting tension is explored by Mark Gibney in his chapter International Jurisdiction (Chapter 43).
Occupying a grey zone of international law is the responsibility to protect (R2P) initiative, which has spawned a great deal of discussion in both policy circles and among the general public, particularly with the bloody civil conflicts in countries such as Libya and Syria. Felipe Gómez Isa takes up this issue in the chapter From Humanitarian Intervention to the Responsibility to Protect (Chapter 44).[Page xxxviii]Peace, Reconciliation and Sustainability
This next section covers both ends of the spectrum in the sense that there are chapters that discuss ways of promoting and protecting human rights so that violations do not take place, but other chapters on measures to be taken in post-conflict situations and during transitions. In terms of the former, Katherine Covell presents a fascinating account of what ‘human rights education’ could and should look like in Awareness, Learning and Education in Human Rights (Chapter 45). Getting information to people is vital to the cause of human rights and journalism's role is discussed in depth by Shayna Plaut in “Fact-Based Storytelling” or Fact-Based Activism?: Tensions, Strategies and Next Steps of Human Rights and Journalism (Chapter 46). Preventive measures and policies to avoid human rights violations and abuses do exist but depend largely on the political willingness of policymakers and the international community as Rhona Smith highlights in the chapter on Prevention and Human Rights (Chapter 47).
Maintaining the peace is the focus of Peacebuilding and Human Rights (Chapter 48). In this chapter, Thorsten Bonacker and Sina Kowalewski focus on three aspects for achieving this end: international sanctions; UN peacekeeping and peacebuilding measures; and finally, development cooperation. Notwithstanding such efforts, war and gross and systematic violations of human rights continue to occur. However, in the aftermath of these atrocities the goal becomes to rebuild and to establish societal institutions to avoid future violations. Hugo van der Merwe and Jasmina Brankovic provide an insightful overview of transnational justice initiatives in the chapter Transitional Justice and Human Rights (Chapter 49), while Mikyoung Kim uses the case study of Japan and Korea to explore the issue of remembering and forgetting in the chapter Human Rights, Memory and Reconciliation: Korea-Japan Relations (Chapter 50).People, Power and Property
This section begins with Mahmood Monshipouri's exposition of People's Power and Participation (Chapter 51), which uses rapid changes in the Middle East as a vehicle to explore larger issues related to the individual's role in the promotion and protection of human rights. The Human Right to Development (Chapter 52) has been under discussion for decades. Aristoteles Constantinides provides an overview of the genesis of this principle as well as its latest manifestations in the Millennium Development Goals and the Sustainable Development Goals. No doubt, the right to property gets short shrift in human rights circles. Yet, such a right exists and one of the great tensions is protecting this right, while at the same time protecting the right to life of others, particularly those who are in desperate need for such things as Western medicines. This quandary is explored by Helle Porsdam in her chapter Intellectual Property Rights (Chapter 53).Future Directions
Although each chapters closes with a brief discussion of the future, the chapters in this final section are devoted to new topics and new thinking in the realm of [Page xxxix]human rights. In her chapter Social Change and Human Rights (Chapter 54), Rhoda Howard-Hassmann argues that in order for human rights to be achieved and honoured certain domestic practices must be established and she does not hesitate to point out that Western and democratic states have been at the forefront of doing so. Yet, because states have the (growing) ability to influence human rights practices in other countries, attending to domestic practices might not be sufficient, a point that undergoes extensive scrutiny by Michael Nyongesa Wabwile in Universal Human Rights and States’ International Responsibilty (Chapter 55).
Although policymakers and human rights practitioners and scholars readily acknowledge the shared goals of the environment movement and human rights, these two areas have, in large part, developed in isolation from one another. In his chapter The Environment and Human Rights (Chapter 56), Takele Soboka Bulto shows not only the enormous overlap between these two fields but the manner in which each can learn from the other. It should also be said that this commonality of goals and purpose is by no means restricted to these two realms.
The final chapter Re-Conceptualising Human Rights Duty-Bearers (Chapter 57) by Wouter Vandenhole, Gamze Erdem Türkelli and Rachel Hammonds challenges all of those interested in human rights, including, presumably, the readers of this Handbook, to move away from the state-centric and territorially-limited basis of human rights, which has been dominant for so long, and to think of new ideas and new legal regimes that will meet the (unmet) promise of protecting human rights.
Eventually, this Handbook covers a wide range of human rights instruments, mechanisms, debates and future challenges. With this we hope to provide an extensive spectrum on the current issues in and around human rights that can inspire the reader and give further incentives for scholars and practitioners of human rights.The Editors, [Page xl]and