Human Rights and Conflict

This book examines the fate and role of human rights before, during and in the aftermath of violent conflicts. It brings together both scholars and practitioners from different parts of the world and from different disciplines, including law, anthropology, history, conflict studies, development studies and international relations. The roles of international organisations, NGOs, governments, and corporations in realising human rights are discussed. The book thus reflects the ‘de-approach’ to human rights research that has been advocated and pioneered by Bas de Gaay Fortman: de-legalise, de-Westernise, and de-State-ise, together with his instance that human rights research should not just be about norms, but as much, if not more, about the economic, political, social, and cultural aspects of the distinct environments in which these rights have to be realised.
Author(s):
Ineke Boerefijn, Laura Henderson, Ronald Janse, Robert Weaver
book | published | 1st edition
March 2012 | xvi + 540 pp.

Paperback
€95.-


ISBN 9781780680545

Details

This book examines the fate and role of human rights before, during and in the aftermath of violent conflicts. It brings together both scholars and practitioners from different parts of the world and from different disciplines, including law, anthropology, history, conflict studies, development studies and international relations. The roles of international organisations, NGOs, governments, and corporations in realising human rights are discussed. The book thus reflects the ‘de-approach’ to human rights research that has been advocated and pioneered by Bas de Gaay Fortman: de-legalise, de-Westernise, and de-State-ise, together with his instance that human rights research should not just be about norms, but as much, if not more, about the economic, political, social, and cultural aspects of the distinct environments in which these rights have to be realised.

Chapters

Table of Contents (p. 0)

Introduction

Human Rights Before, During, and After Conflict (p. 1)

PART I. HUMAN RIGHTS IN PRE-CONFLICT SITUATIONS

Human Rights and the Regulation of the International State System (p. 11)

Structures of Violence (p. 29)

More Than Just a Nice Idea. Equality as an Effective Way to Reduce the Risk of Violent Conflict (p. 45)

Human Rights Violations and Contemporary Violent Conflict. An Inquiry into Causes and Remedies (p. 67)

Banning Cluster Bombs. Achieving Rights through Activism (p. 87)

Constraints and Challenges in Minority Protection. Experience of the OSCE High Commissioner on National Minorities (p. 107)

Early Warning, Non-Intervention and Failed Responsibility to Protect in Rwanda and Darfur (p. 129)

Human Security. A Shifting and Bridging Concept that Can Be Operationalised (p. 159)

From Acceptable Hazard to Violation of Rights. Upstream Human Rights Activism in the Sidoardjo Mudflow Case (p. 179)

Climate Change, Conflict and the Protection of Vulnerable Collectivities (p. 199)

From Charity to Institutional Development. Reflections on Newmont’s Corporate Social Responsibility Strategies and Conflict-Avoidance in Ghana (p. 213)

Doing Business in Pre-Conflict Areas (p. 233)

Conflict and Rights in Vengeance-Ridden Societies. Moral and Legal Inferences (p. 251)

PART II. HUMAN RIGHTS IN CONFLICT SITUATIONS

Human Rights and Humanitarian Action (p. 267)

Old Cultures Never Die? Cultural Genocide in International Law (p. 287)

Non-State Actors in Conflict (p. 305)

Caught in the Middle of Persistent Conflict. The Rights of Palestinian Children (p. 325)

PART III. HUMAN RIGHTS IN POST-CONFLICT SITUATIONS

How Transitional Are Transitional Politics and Transitional Justice? A Case of Misleading Terminology (p. 347)

Counter-Terrorism, Rule of Law Promotion and the Friends of Yemen (p. 363)

The Role of International Criminal Courts and Tribunals in Post-Conflict (p. 375)

Rwanda’s Police Development (p. 395)

Civil and Political Rights in Times of Political Oppression: Rights Without Remedies? The Case of Zambia (p. 413)

Role of the Judiciary in the Enforcement of Economic, Social and Cultural Rights. Experience from Nepal (p. 437)

Loss and Destruction of Property. Post-Conflict Human Rights Responses from an ECHR Perspective (p. 459)

The Human Right to Mourning. Social Trauma and Transitional Justice in Post-Conflict Argentina (p. 483)

The Interface Between Transitional Justice and Reconciliation in the Wake of Civil War. A Case Study of Northern Uganda (p. 499)

Selected Bibliography (p. 525)