Category: Human Rights

The development of a global community holds a lot of promise for the improvement of human rights. The basis for such a community is mutual understanding among different countries people groups and an increasing sense of universal responsibility towards all members. This is attainable by implementing a common code of human rights across the globe along the lines of the Universal Declaration of Human Rights.

The declaration’s development was consultative and was not the product of any one nation but that of the United Nations member states hence it promises to provide the binding code required to define international human relations without raising the fear of cultural imperialism.

A community comprises several members who share certain characteristics in their way of life. It is one where members have “interests and concerns that go beyond national interests and concerns” (Iriye 6).The elements shared vary and may include values, resources, geographical space, and challenges, among others.

For a community to be global, it requires to have certain elements that do not limit its existence to particular pockets of humanity. This includes geographical spread, universal values, and shared aspirations among its membership. It should have the capacity to act universally, and to have its effects and influence felt across the world. Since the advent of the internet, the concept of a global community has gained much currency as the internet reduces the gap created by spatial barriers.

People from all over the world participate in global forums and participate in internet activity creating the ground for truly global communities. Social media platforms led by Facebook present some of the largest global communities where social media users interact to share their thoughts, hopes, and aspirations.

One of the expressions of shared values in the global community is human rights. Human rights are certain entitlements to any human being simply by virtue of being human. The United Nations defined human rights applicable to all people on earth to all member countries. The Universal Declaration of Human Rights lists the agreed upon standards in a set of thirty articles.

The declaration speaks of a human brotherhood and aims at creating a world where human beings relate in an equal fashion, with access to opportunities to acquire basic resources for life, along with dignity and respect. This document is an excellent basis for the development of a global community, where human rights form part of the universal values upheld by all members. They provide an equalizing platform for all people. Donnelly observes, “Human rights are equal rights” (10).

It is not accurate to regard human rights as a form of cultural imperialism. This is because no one imposes these rights on anyone else in themselves, but a stronger community may use advocacy for the respect of human rights as a means of subjugating other cultures. The Universal Declaration of Human Rights arose through consensus.

No one imposed the declaration on the member countries of the United Nations. However, their application provides opportunities for cultural imperialism since not all countries respect these rights. When nations insist that they will only relate with countries that respect these rights, the result is cultural imperialism. The Declaration represents the sum total of the best values that different human communities identify as elementary for the decent relations of men.

No one member of the global community can lay claim to the development and propagation of these rights in isolation. Rather, all of humanity has a contribution and hence a stake in them. While they remain open to abuse by superior powers to exploit and manipulate weaker nations, they do not form a basis for the subjugation of nations or in any way contribute to cultural imperialism.

In the journey towards a global community, culture, power, and politics are strong forces that influence the development of a global sense of belonging. Powerful nations do not like to take responsibility for their actions on the behest of other nations, and as such, they tend to resist efforts that may make them equal members of the global community.

A case in point is the United States, which generally resist global efforts aimed at creating some form of supranational legislation seen to impinge on its sovereignty. It is not a signatory to the Rome statute, and as a result, the International Criminal Court has acquired the image of a court that serves failed states. If powerful countries such as the United States were signatories, it would have provided the court with a much stronger sense of authority in the execution of its mandate.

Culture is a force to reckon with in the development of a global community. China has a unique culture that for centuries has been inward looking. Until recently, China has kept its affairs to itself. As it has begun seeking to relate more strongly with other countries, its foreign policy continues to reflect their cultural disposition.

It does not interfere with the internal politics of its trading partners, and does not use human rights record of any country as a prerequisite for establishment of trading relations. Political considerations also influence the development of global communities. When the United Kingdom voted against joining the Eurozone, political considerations informed the taking of this decision.

There are two key influences of nationalism in a global community. Nationalism would appear like a strong divisive force interfering with the harmonious relations of nations when nations aggressively seek to assert their identity and values in the international platform. It may be what stops the emergence of true universal brother-hood.

On the second count, it will appear as the basis for a global community. Taking pride in one’s nation qualifies one to be a responsible member of the global community, much in the same way as belonging to a proud family prepares one for effective engagement with the local community.

With a widespread global worldview, there is bound to be some change in the perception of other people within the global community. Recognizing that all humans are essentially related and are interdependent on each other would create a world where international responsibilities have a greater appeal to all persons.

This will reduce competition for resources and improve collaboration between different nations in social, economic, and political endeavors. The fields of education, health, and science would benefit immensely from this.

There will be improved respect for human rights across the globe since all persons will see their role in the world and will feel responsible toward the general goodwill of humanity. There will be a greater chance of closing up gaps in international treaties relating to the environment, and countries with poor human right records will find much compulsion to improve their human rights records to become fitting members of the global community.

Culture is essentially a product of environment, with adaptation to living conditions as the guiding force in its development. There are elements of culture that will continue to be unique in a global community because different peoples adapt differently to their living conditions. However, the areas of commonality will increase.

Cultural values will grow closer to each other right across the global community. A case in point is the United Republic of Tanzania. After her colonization by the Germans and later the British, the country attained independence and thereafter pursued a policy of ‘ujamaa’, a Swahili word meaning brother-hood.

The colonial boundaries brought together different people groups with different cultures who have since amalgamated into a largely unified people. Certain cultural elements remain distinct from one tribe to another. Overall, there has emerged a truly Tanzanian culture with certain values such as hospitality and common courtesy.

This is a possible result worldwide propelled by the emergence of a global community. If this took place, the interpretation of human rights will be universal and hence there will be much progress in the field of human rights right across the world. A respect for human rights would underpin the new global culture. After all, Orend reminds us, human rights “are values committing us to treating each other in ways we think we all deserve” (19).

The prospects for the emergence of a global community grow everyday with the threats to it. There is a higher degree of connectivity between different peoples across the earth facilitated by the emergence and growth of the internet. In the field of human rights, different types of human rights groups have emerged.

They are heavily involved in championing for the rights of marginalized. There is an increased awareness of human rights issues in many countries especially those that have poor records. The sense of shared humanity literally pervades all sectors of the human experience. The emergence of a global community will depend on the handling of these elements. It will also depend on whether the forces driving this development will find encouragement and deliberate direction from authorities.

Works Cited

Donnelly, Jack. Universal Human Rights in Theory and Practice. New York: Cornell University Press, 2003. Print.

Iriye, Akira. Global Community: The Role of International Organizations in Making of the Contemporary World. London: University of California Press, 2003. Print.

Orend, Brian. Human Rights: Concept and Context. Ontario: Broadview Press, 2002. Print.

One of the main recent issues of current importance in the United States is the “Act on Democracy and Human Rights in Belarus – 2011” approved by the U.S. House of Representatives. The initiator of the foundation of the document became Chris Smith, a Republican congressman.

The Act calls for the immediate and unconditioned release of all imprisoned politicians including those who were detained in the repression after the elections and rejected the results of the fraudulent elections. “Act on Democracy and Human Rights in Belarus – 2011” is one of the most important issues over the recent times of the United States (Belarus Digest, 2011).

The new document caused vivid discussions and debates in the political society. As it was said at the corresponding conference, a new act was created to give a new breathe to the Act of 2004 (Belarus Digest, 2011). It asserts strong policy support by the government of the United States of the Belarusian nation in the struggle against the dictatorship of Lukashenko.

People seek to live in a free and independent country with their human rights respected and the government forces elected. People want to live in the place where the officials apply laws equal for all citizens, where the fighters for life are inspired for decency against overwhelming pressure from anti-democratic regime.

Government in particular is necessary to protect people, manage conflicts, and provide essential services (Wilson, 2011, p.1). The general idea of the document is support of human rights in Belarus provided by the Congress of the United States. According to the adopted act, the U.S. administration is obliged to report to Congress about a sale of weapons abroad by the Government of Belarus, about personal assets and the state of Lukashenko and other senior Belarusian political leaders.

The Congress of the United States claims that the U.S. administration must deny the entry to the country to the high-ranking Belarusian officials, their close relatives and business partners, as well as members of the intelligence agencies participated in the persecutions.

The Congressmen opposed the U.S. Trade and Development to support the Belarusian Government financially (Belarus Digest, 2011). According to their points of view, the United States must continue claiming the Belarusian authorities to account for the disappearance of opposition politicians and journalists and to punish those who are guilty.

It is important for the U.S. government to continue the growth of democratic movements and institutions in Belarus that enable the Belarusian people to stop the rapid development of tyranny in the country. Moreover, the sources of mass media should also be used as an essential support of the movement.

There should be radio, television and Internet broadcasting provided for the Belarusian people in language spoken in Belarus. It is a great step forward in political sphere both for USA and for Belarus. However, there are some opponents to the Act such as Andrew Phedorov who says that the document must be seen as a symbolic gesture of American leadership in foreign policy as the U.S (Belarus Digest, 2011).

Government leads an unproductive line against Belarus and that it is quite inappropriate. According to his view, the Americans are sincere in the efforts to help the democratic changes in Belarus. It is known, that “Congress and the President of the country are rivals”, so the Act is still under the consideration.

One may understand the steps of the government by careful studying of “five principles of politics” (Lowi J, Ginsberg, Shepsle & Ansolabehere, 2010). Hopefully, the civil situation if Belarus will be changed thanks to the document and the problem of tyranny of the country will be solved.

Reference List

Belarus Digest. (2011). Belarus democracy and human rights act passes Congress Committee. Web.

Lowi J. T., Ginsberg B., Shepsle A. K., & Ansolabehere S. (2010). American Government: Power and Purpose (11^th ed.). USA: Boston: W. W. Norton & Company.

Wilson Q. J. (2011). American Government: Brief Version. USA: Boston. Cengage learning (Ed.).

Several cases of human rights abuse have surfaced with accusations labeled against the extremist outfit called the Taliban based in Afghanistan. Classified by most countries as a terrorist group, the Taliban group has been in the international media for serious cases on human rights abuse in form of unlawful detention, assault, decapitation, conspiracy to commit genocide, and murder.

Local and international groups dealing with human rights issues in Afghanistan have issued strong condemnation reports and concrete evidence against the Taliban insurgents accused of serious atrocities threatening existence of mankind. Thus, this reflective treatise attempts to explicitly explore various issues of human rights abuse by the Taliban guerilla warfare outfit.

As per the NATO report of 2008, Taliban was responsible for up to “three fourth of all civilian casualties” (Gutman 221). The same report accused the outfit of human rights abuse and recommended induction in the international court for war crimes. As events unfolded, revelations in the report were mind boggling especially on the aggressive tactics employed by Taliban on their victim. As a matter of fact, the group adopted indiscriminate violence to take control of Afghanistan in unison with the international terrorist group called al-Qaida.

The group had no official uniform and could easily capture unsuspecting civilians who were then subjected to serious cruelty. Besides, they assumed the mandate of leadership in an organized, systematic, and highly structured system of conducting series of successful war campaigns that almost exterminate the minority Hazara community.

Despite these, the first serious case of abuse of human rights reported against this group was the suicide bomb attack in Kabul’s Finest Supermarket which claimed at least fourteen lives and wounded several others. Interestingly, the group readily accepted liability and even issued a strong statement suggesting more attacks.

Under leadership of commander Omar Muhammed Mullar, series of attacks were carried out targeting civilians. Every day, the local and international media would report of attack campaigns and showed images of mutilated bodies of civilians lying on the streets. Besides the accusation of mass murder, the Taliban was known for kidnapping its victims and demanding ransom.

To beat local authorities, the group had perfected the art of staying mobile and carrying their prisoners along. Since Taliban has no specific uniform and some form of military discipline, it became difficult to distinguish it from other militia groups. In an ironic move, the sadist commander Omar Mohammed Mullar issued what seemed like a statement of condemnation against civilian killing in 2009.

This statement was supposedly directed to members of Taliban to stop killing the innocent civilians. Unfortunately, series of fresh attacks experienced after the statement was an indication of pure incitement to further brutality. Actually, the “code of conduct” (Gutman 221) only worsened the situation as the group adopted more serious and brutal methods of handling their perceived enemy.

In 2001, the joint NATO forces were a relief to civilians who bore the brutality of atrocities directed at them by the Taliban group. Declared a terrorist outfit by the international community, the combined efforts by NATO completely disorganized Taliban militia group and in the process, changed the social, political, and social landscape of Afghanistan as cases of human rights abuse declined. Despite concrete evidences presented at the International Criminal Court by human rights activists, none of the cases has been concluded.

Works Cited

Gutman, Roy. How We Missed the Story: Osama Bin Laden, the Taliban, and the Hijacking of Afghanistan. New York: US Institute of Peace Press, 2008. Print.

Introduction

The principal drive for founding the United Nations was security and economic development as the world had just emerged from an international armed conflict that had devastated many nations. However, the advancement of human rights emerged as a secondary goal of this international organization.

The quest to both protect and promote human rights was first advanced through the creation of the United Nations Commission on Human Rights (CHR) in 1948. This subsidiary of the Economic and Social Council (ECOSOC) achieved great success by expanding the international legal framework of human rights.

Even so, the commission lost its credibility due to intense politicization and this led to its ultimate replacement in 2006 with the Human Rights Council (HRC). The Human Rights Council endeavoured to bring forth a “new era in the human rights work of the United Nations” (Terlingen 167). This council styled itself as a more authoritative and credible apparatus that could be used to protect and promote human rights globally.

This paper will provide a detailed discussion of the HRC. A major objective of this research will be to articulate the history of the Human Rights Council with special focus on the conditions that necessitated its establishment. The paper will then highlight the successes that the council has had in fulfilling its role. A review at the failures of the HRC will then be engaged in and an estimate of its future given.

Research Procedure

The research method utilized in this study was qualitative in nature. This is because the research consisted of numerous verbal and symbolic materials obtained from the United Nation’s past. A number of steps where utilized in carrying out my research and they involved; collecting, classifying, ordering, synthesizing, evaluating and interpreting the date obtained from the source materials.

The sources used were selected because of their reliability and relevance to the subject being discussed. The primary sources were made up of documents such as treaties, official publications, and official records, all of which transmitted a firsthand account of the events under discussion.

United Nations documents were consulted to shed light on the progress that the Human Rights Council has made since its inception in 2006. The primary sources made a significant contribution by helping me to make valid and reliable conclusions on the research question. Secondary sources, which are the material that do not bear a direct physical relationship to the event, were also used.

These secondary sources explicitly drew on information provided from primary sources and provided an enlightening analysis of the various issues discussed. The primary resources were obtained from government websites as well as the United Nations website. The secondary sources were obtained from journal publications and from the library. With this sources in hand, I had to exhibit creativity and high standards of objective and systematic analysis in writing the final report.

Creation of the Human Rights Council

The Council can trace its birth to the landmark report presented by the then UN Secretary General, Koffi Annan in March 2005. In the report, Annan criticized nations for degrading the credibility of the commission since in particular, “states have sought membership of the commission not to strengthen human rights but to protect themselves against criticism or to criticize others” (In Larger Freedom para. 182.).

For example, Libya, Sudan, and Zimbabwe made use of their membership to the CHR to hamper examination on their own human rights violations. By using the commission as a vehicle for their own agenda, member states had caused a credibility deficit that damaged the reputation of the UN as a whole.

In its last years of existence, Rivlin sums up the universal unpopularity of the Commission on Human Rights as “to NGOs it seemed disingenuous and invariably impotent; to the West its judgments were passed by criminals, and to the South it turned a blind eye to abuses by the world powers (345).

The UN World Summit of 2005 endorsed the proposal by the secretary-general and instead of radical reforms to try assist the CHR regain its credibility, the organization decided to create a new council. It was therefore agreed that the CHR should be dissolved.

Negotiations in the General Assembly culminated in the adoption of Resolution 60/251 on March 15, 2006, which created a Human Rights Council (UN General Assembly, Sixtieth Session 2). The Resolution was adopted by an overwhelming majority with only 4 votes against it and 3 nations abstaining. The council has more authority than its predecessor, which demonstrates the importance with which human rights issues have been regarded over the last decade.

While the initial proposals to elevate Human rights to the status of a “principal organ” on the same footing with the Security Council, the General Assembly, and ECOSOC were not realized, the Human Rights Council was given significant authority and made a subsidiary organ of the General Assembly (Terlingen 170). By shifting from being a subsidiary of the ECOSOC to being a subsidiary organ of the General Assembly, the council gained greater authority and capacity to provide protection.

During the negotiations on the structure of the HRC, some members proposed universal membership to the commission since this would increase its legitimacy and authority by the sheer force of its members. However, a smaller standing council was deemed more productive and such a council was eventually implemented.

This small council was preferred due to advocacy by some countries that a leaner human rights body would be more efficient and effective in addressing human rights issues. A body of forty-seven members was agreed upon and membership was created along customary UN lines of equitable geographical distribution.

A major issue that the newly formed HRC had to face was how it would remain credible and legitimate in the face of the power politics that had led to the steady decline in its predecessors’ credibility and eventually caused its disbandment.

This was an issue of great importance since the dissolution of the CHR had been caused by the politicization and selectivity that had undermined the commission’s credibility and irreparably damaged its reputation (Rahmani-Ocora 15). The newly formed council therefore engaged in a number of notable actions in order to buttress its credibility.

Addressing Issues of the CHR

The HRC began its official operations in June 2006 and from the onset, it set out to address the problems that had been experienced by its predecessor, the CHR. The first feature pertained to the size of the council. The CHR had been regarded as cumbersome with a membership of 53. To remedy this, the HRC had 47 members. By cutting six seats, the council’s membership was slightly smaller than that of the CHR.

To address the criticism of selectivity and double standards that had been levelled against the CHR, the Human Rights Council adopted a system of Universal Periodic Review.

This system means that the human rights records of all UN member states (including powerful countries such as China, Russia and the US), will be examined by the council and appropriate actions taken in case there are human rights violations. Rahmani-Ocora observes that over the decades, the CHR had come to resemble a club where friendships easily overlooked wrongdoings. For example, the members of this commission often included political regimes that had been accused of major human rights violations (16).

The selectivity and double standards of the commission in dealing with such countries greatly tarnished its reputation. The double standards issue was especially evident when it came to the selection of countries for public scrutiny. Some countries began to question why the five permanent members of the Security Council never adopted a resolution condemning well-known and gross abuses in Tibet and Chechnya.

Criticism had been levelled against the HRC for having in its membership countries that violated human rights. Mertus reveals that the commission was at times under intense criticism for its politicized membership which included countries with appalling human rights records (41).

The HRC addressed this problem by making use of a thorough mechanism to vet countries before they became members. A prerequisite to membership in the HRC is a strong record of respect for human rights by the country. This precondition was very important since it ensured that states where not seeking membership to avoid scrutiny on their own human rights issues (Davies 457).

The human rights records are periodically appraised to ensure that the country continues to uphold human rights. Purna and Vincent note that the appraisals are not just about being reviewed by the HRC; rather they are about progressing and protecting human rights on the ground (3). In addition to this, membership to the HRC is not universal and states that violate human rights are deterred from joining since members are exhorted to abide by the highest human rights standards.

The council monitors human rights issues globally and carries out investigations into allegation of human right violations. To fulfil this task, the council makes use of Special Rapporteurs, who are “a body of independent and objective human rights experts and working groups” (Terlingen 168).

These “country specific thematic experts” are the council’s eyes and ears and they monitor and rapidly respond to reports of human rights violations all over the world. At the present, these Special Rapporteurs number forty-one and they perform the crucial function of providing objective information which the UN can then use to take action in its human rights work.

The former commission suffered a major drawback since it only convened once a year for six weeks. During this one annual session, all agenda items, debates, resolutions, and decisions have to be addressed in the six-week period. The commission was therefore not able to effectively deal with crises that emerged in the course of the year in a timely manner.

The council overcame this problem by increasing the sitting time per year to a minimum of ten weeks. This session is divided into at least three independent meetings throughout the year with special sessions being called in the event of emergencies (Terlingen 172). This has resulted in a timely reaction to human rights crisis since only a third of the council’s members need to request a special session and it is subsequently convened.

Failures of the HRC

For all its efforts, the HRC has not fully succeeded in changing the political character of the UN’s treatment of human rights. Terlingen documents that the African and Asian members who have a comfortable majority (26 out of 47 votes) in this human rights body are using their numbers to set the agenda (171).

Through their voting power, the countries are dictating which countries should be selected for immediate attention by “special session” and also boycotting proposals made by the Western European and Others Group and the Latin American Group. European and Latin American countries are therefore forced to adopt a cross-regional approach in order to address human rights issues since they have lost their power to win a vote without the support of at least three African and Asian states.

The HRC has not been impartial especially with regard to the passing of resolutions and special procedures. In particular, a disproportionate number of resolutions have targeted Israel which had 12 of the 20 resolutions passed in the 2007 session addressed to it. Some members have attributed this inordinate focus on Israel on the fact that the Organization of Islamic Conference has a significant presence in the HRC due to the majority African and Asian membership.

The council has not been very effective in fulfilling its mandate to promote and protect human rights for everyone. Widespread human rights violations in countries such as North Korea, Iraq, and Myanmar continue to exist with the HRC doing little to address these grave situations. In the cases where the HRC has expressed concern, it has been in the form of non-binding resolutions which have in essence allowed the offending country to continue with its activities without consequences.

In spite of its shortcomings, the council’s predecessor, the CHR had achieved significant results in the human rights issues most notably of which are drafting the Universal declaration of Human Rights and advancing human rights protections globally. As yet, the HRC has not made any significant contribution to the body of human rights. As has been noted, most of the resolutions passed have been non-binding and the council is yet to make any groundbreaking declarations in the area of human rights.

Assessment of the Commission’s Status

A roundtable meeting held on May 2008 in New York City to assess if the HRC had managed to rectify the credibility deficit which had been attributed to the CHR which it replaced revealed that the council had fulfilled most of its objectives (Rivlin 347). The HRC has shown great boldness by addressing Human rights violations by major countries such as the US.

The council has conducted investigations into the conditions of detainees at Guantanamo Bay and the Special Rapporteurs have given detailed reports following the study with recommendations on the issue included in report A/HRC/13/42 (HRC, 13 Sess.). By doing this, the HRC has affirmed that secret detention is a violation of the personal liberty of the individual and therefore a human rights abuse.

The council has also had significant success in pressuring government to fulfil their human rights treaty obligations. This is a marked difference from the early days of the UN where scrutiny of any individual state’s human rights practices was seen as an imposition on sovereignty (Keller and Geir 322). Specifically, the HRC has been active in the Syrian Arab Republic where there have been numerous allegations of human rights abuses (HRC Syria Issue).

By reporting on the gross violations of human rights in the ongoing conflict, the HRC has been about to call for action to be taken by the UN in order to alleviate the situation. A report by the HRC documented that the indiscriminate killings of civilians and the deliberate targeting of children provided grounds for the case to be dealt with by the Security Council (para. 6).

The HRC has also been instrumental in helping countries recover after disasters. A case in point is the Special Session held to assist in the recovery process of Haiti after the devastating earthquake of 2010. The HRC sought to use its influence to garner the necessary political support to assist in the recovery and reconstruction efforts in the country (Mulugeta 99). The Haitian Earthquake had human rights consequences since it resulted in the displacement of over a million people and injured more than 300,000 persons.

The limited capacity of the state led to the dramatically worsening of the dire humanitarian condition especially with regard to access to health services, water, food, and sanitation (Mulugeta 99). HRC’s 13th Special Session on Haiti was the first special session held in the context of disasters and it led to the adoption of resolution A/HRC/S-13/1 (HRC Haiti). By engaging in the topic of disaster, the council has expanded its mandate and ensured that human rights issues are given even more consideration within the UN system.

Conclusion

This paper set out to provide a detailed discussion on the Human Rights Council. The paper has documented how the HRC was created to be a more authoritative human rights body replacing the 59-year-old commission for Human Rights. It began by observing that the formation of the council was precipitate by the demise of the CHR which was dissolved because of the loss of credibility that the body had suffered due to politicization and selectivity by the commission.

The paper documented that the prime consideration given to the issue of de-politicization by the council was in response to the criticisms levelled against the commission. While the HRC has not been immune to politics, it has by the large transcended politics and managed to fulfil its core mandate with significant success.

The changes and innovations of the HRC make it more credible and effective than the CHR. This enhances the legitimacy of the council and aid in its ability to make authoritative decisions on issues of human rights. The HRC has succeeded in defusing most of the tensions that led to the disbandment of the CHR. In this respect, the resolution can be considered a major achievement in human rights and an indication of the UN’s firm commitment to uphold its historic mission to promote and protect human rights for all people.

From this report, it is clear that an independent human rights body is incredibly difficult to implement. Even so, the Human Rights council has done a commendable job in protecting and promoting human rights. It can be expected that over the years, the HRC will make tremendous contribution to the body of human rights therefore benefiting the entire world.

Works Cited

Davies, Mathew. “Rhetorical Inaction? Compliance and the Human Rights Council of the United Nations.” Alternatives 35.1 (2010): 449–468.

Human Rights Council, Haiti. “The Support of the Human Rights Council to the Recovery Process in Haiti after the Earthquake of January 12, 2010: A Human Rights Approach.” Resolutions and Decisions of the Human Rights Council 2010 (A/HRC/S-13–1). Official Record. Brazil, 2010. Print.

Human Rights Council, 13th Sess. “Joint study on global practices in relation to secret detention in the context of countering terrorism.” Special Report (A/HRC/13/42). Official Record, Geneva, 2010. Web.

Human Rights Council, Syria Issue. Human Rights Council discusses human rights situation in Syria. 2012. Web.

In Larger Freedom. “Toward Development, Security, and Human Rights for All.” Report of the Secretary-General (A/59/2005), March 21, 2005, para. 182.

Keller, Hellen and Geir Ulfstein. UN Human Rights Treaty Bodies: Law and Legitimacy. Cambridge: Cambridge University Press, 2012. Print.

Mertus, Julie. The United Nations and Human Rights: A Guide for a New Era. NY: Taylor & Francis, 2009. Print.

Mulugeta, Abebe. “Special Report—Human Rights in the Context of Disasters: The Special Session of the UN Human Rights Council on Haiti.” Journal of Human Rights 10.1 (2011): 99–111. Print.

Purna, Sen and Vincent Monica. Universal Periodic Review of Human Rights: Towards Best Practice. London: Commonwealth Secretariat, 2009. Print.

Rahmani-Ocora, Ladan. “Giving the Emperor Real Clothes: The UN Human Rights Council.” Global Governance 12.1 (2006): 15-20. Print.

Rivlin, Benjamin. “The United Nations Human Rights Council: A U.S. Foreign Policy Dilemma.” American Foreign Policy Interests 30.1 (2008): 347–372. Print.

Terlingen, Yvonne. “The Human Rights Council: A New Era in UN Human Rights Work?” Ethics & International Affairs 24.2 (2010): 131-142. Web.

UN General Assembly, Sixtieth session. “Resolution 60/251 [Human Rights Council]” (A/RES/60/251). 3 April 2006. Official Record. New York, 2006.

Over the past few decades, immigration has increased as people around the world search of better opportunities in different nations. However, not all host nations have been welcoming to these immigrants. In some cases, immigrants have been subjected to biased attacks, discrimination, abusive detention conditions, and denial of due process during the deportation proceedings.

In light of this sad state of affairs, human right organizations, as well as concerned parties have launched various campaigns in a bid to facilitate the protection of immigrants’ rights. Despite their efforts, most immigrants still face grave injustices in various host nations.

This paper will provide recommendations on how best the rights of immigrants can be protected all over the world. This will be done by suggesting various citizenship and immigration policies that might be implemented by governments (local and international) in order to protect immigrants.

In most cases, immigrants settle in a host nation for social and economic reasons. Despite how they are treated, they play a pivotal role in the economic development and cultural enrichment of the host nation. With this in mind, their rights should be protected, not only because they contribute to the social and economic growth of a country, but because they are human beings. As such, policies that protect the political, social, economic, civil and cultural rights of immigrants should be developed and implemented in all countries around the world.

Economically, governments should implement policies that guarantee fair employment, wages and benefits to immigrants. This can be done by enacting laws that advocate for equality within the employment sector. If this is done, immigrants will be able to access decent jobs with better salaries and wages.

Similarly, there should be laws that prosecute those that discriminate immigrants during the employment process. If such policies are implemented, immigrants will be able to live in their host nations freely without the fear of being discriminated or mistreated by the local citizenry.

Politically, immigrants that have stayed in a host nation for a long time without incidence should be granted citizenship. Policies dictating how immigrants can gain citizenship should be developed and implemented. This will ensure that immigrants work for their status and eventually earn their right to make an impact in the development of the host nation through voting.

Socially, governments should develop educational programs, which seek to educate immigrants about different aspects of the host nation. For example, learning the local languages, etiquette and mannerism may help an immigrant settle faster and peacefully in a new environment.

Such a policy will ensure that immigrants understand the standards and systems of operations within the host nation, thereby enabling them to integrate and transition smoothly into the new society. In addition, programs that guarantee the right to education, medical care and insurance, and other public services should be developed and maintained in all nations. This will ensure that immigrants get the opportunities they need to survive and work in host nations.

Civil policies that seek to protect immigrants against violence, hate crime, torture and unlawful acts form people within the host nation should be implemented by the governments. In addition, these policies should ensure that immigrants are given equal rights when it comes to dealing with the law. As mentioned earlier, immigrants should at all times be treated as human beings. As such, the implementation of civil policies will protect immigrants against the violation of their civil and human rights.

Human societies are forged by cultural beliefs. As such, each person has a right to practice his/her culture without restrictions. Cultural policies, which allow immigrants to maintain and practice their own cultures, should be developed and implemented by governments all over the world. This will grant immigrants freedom from forced cultural assimilation.

In most cases, conflict arises when an individual feels threatened by prevailing circumstances. If a person’s culture is not welcomed in a host nation, there is bound to be some difficulty in the assimilation process. As such, cultural policies will enable immigrants to maintain their cultural beliefs and adopt those that help them integrate efficiently within the host nation.

These policies should be implemented at a national and international level. While there may be challenges in the implementation process, governments should remain vigilant because the benefits of such policies far outweigh the costs. For example, trade policies as well as international relations policies have been effective in influencing the protection of human rights all over the world.

These policies dictate that a country should not have human rights violations if it is to trade or form relations with other countries. As such, countries that violate human rights have been forced to change their systems because they need the business and allies in order to survive.

Conclusively, we live in a global community, whose survival depends on our ability to work together regardless of our differences. Implementation of such policies will help nations all over the world achieve this aim. Failure to protect the rights of immigrants may lead to civil unrest, which may result to decreased national development in many countries around the world.

Background

The relationship between the EU and Turkey is one where both parties have what the other wants: the EU has the capacity to let Turkey ascede into it while Turkey acts as a buffer state between the EU and the tumultuous Middle East. The desire for Turkey to join the EU is based on potential economic benefits as well as its cultural background. As a “middle ground” so to speak between Europe and the Middle East, Turkey can be described as a melting pot of both European and Middle Eastern influences (Glyptis 2005).

Due to its proximity to other European countries as well as its past as the Ottoman Empire, Turkey has a distinct European influene despite its main religion being Islam. Combined with the general instability found in its neighboring states in the Middle East, this makes the country far more inclined towards developing a relationship with its European rather than Middle Eastern counterparts (Wood & Quaisser 2005).

From an economic perspective, Europe possesses a vast market for Turkish goods and shows how being part of EU would greatly benefit Turkey’s economy. Combined, the aforementioned reasons help to explain why Turkey is seeking EU membership and the various steps it has taken to do so (ex: internal reform and oversight) (Redmond 2007). On the other end of the spectrum, resistance towards the inclusion of Turkey into the EU are based on economic and cultural reasons as well.

As evidenced by the debt crisis in Greece, the housing crisis in Spain and the decline of the Italian economy, the EU economy as it is known today is far from what can be deemed as being “stable”. The addition of another country, one who has been noted as having a significant lack of sufficient internal transparency (which is similar to the case of Greece) could potentially cause another economic issue within the EU.

From a cultural perspective, Turkey is viewed as being more Middle Eastern than European due the predominant religion within the country being Islam as well as social inclinations and traditions that are viewed as being far from the “European norm”. Aside from this, there are also issues related to restrictions in fundamental human freedoms, illegal detentions and even the unjust treatment of local minorities that further impede Turkey’s application into the EU.

However, it should be noted that the EU actually needs Turkey due to its status as a buffer state. The current Syrian refugee crisis, its actions against radical Islam elements such as the Islamic state as well as other similar threats shows that Turkey is a valuable resource for the EU to prevent such elements from spilling over into Europe.

It is due to this that the EU cannot outright disparage Turkey; however, it cannot accept it either due to the aforementioned reasons stated earlier, the most prominent of which are the country’s human right’s abuses. Turkey on the other hand cannot entirely dismiss the claims that the EU levels against it due to its desire to be part of it.

It is due to this that the current strategy of the EU is to seek to advance human rights in Turkey in such a way that the most detrimental aspects of preventing the country from acceding into the EU on moral grounds are addressed.

However, it must be questioned as to how the EU could potentially do so based on the current climate within Turkey where terrorist attacks and border security issues often require more stringent methods of protection that often entail violations of certain human rights in order to protect the greater whole of Turkish society.

Options for Consideration

Maintain the Current Status Quo Between the EU and Turkey

This course of action entails the EU and Turkey maintain its current level of diplomatic relations with no interference from the EU when it comes to the human rights abuses that are currently happening in Turkey. This is due to the current conflict that is happening in Syria and the escalating actions of the terrorist group known as “Islamic State”.

Due to its proximity to the various conflict zones in the Middle East as well as its stance against radical Islam forces in the region, Turkey has become a prime target for Middle Easter terrorists. This creates a unique situation in Turkey wherein its own internal security concerns are far greater than what is currently present in many EU countries.

It is due to this that Turkey has a greater needed for implementing harsher methods of not only maintaining public order but also preventing the escalation of terrorist attacks within its borders (Narbone & Tocci 2007). Implementing stricter human rights compliance at this point in time could result in more successful terrorist attacks within Turkey which have the potential to embolden ISIS to attack targets that are further away from the front lines of the war effort against them.

As seen in the case of the 2005 terrorist attacks in London, terrorists do have the capability and the willingness to attack targets far from conflict zones in an effort to create sufficient mass panic and show that they can attack areas that are deemed as being “safe” from direct conflict.

This shows that supporting the current war effort in Turkey while not directly tackling the case of human rights abuses in the country can help to ensure that terrorists are discouraged from attacking targets of opportunity in the EU due to successful attacks in Turkey (Burgin 2010). This position places security over human rights concerns due to the potential impact of the refugee crisis and terrorists on EU member states.

Increase Direct Intervention by Petitioning for the Placement of Human Rights Observers in Turkey

Another potential course of action is to petition Turkey to have EU observers within the country in order to observe its adherence to proper codes of conduct when it comes to the protection of human rights. The potential effectiveness of this lies in the fact that the observers would be able to gain a deeper understanding as to why certain human rights abuses are occurring within the country (Icduygu 2010).

This would help the EU to know what could potentially be done in the future in order to help stabilize Turkey to the extent that such abuses can be removed over time. However, the effectiveness of this method is doubtful since it is likely that Turkey create a means by which direct observations of human rights violations in progress would be impossible.

Threaten to Permanently Prevent EU Membership based on Human Rights Abuses

The next potential course of action would be to threaten Turkey with nullification of any potential for EU membership due to continued human right’s abuses within the country. The goal of this method is to force Turkey to implement new domestic policies that help to protect rather than constrain the rights of the general public.

Since Turkey wants to join the EU, it would take the necessary steps in order bring about the requested changes (Park 2015). Unfortunately, this particular course of action is unlikely to occur due to the internal security concerns within the country as well as the fact that states do not like their actions being dictated.

Combined, both reasons would be enough for talks between Turkey and the EU to breakdown considerably resulting in a greater likelihood of Turkey forgoing cooperation with EU member states when it comes to preventing the penetration of terrorist elements into the greater whole of the EU. This course of action places human rights over security concerns.

Commit Towards a Slow Gradual Change in Domestic Policies within Turkey

The last potential course of action that can be taken would be for the EU to commit towards a slow and gradual change in Turkey. This particular process involves taking into consideration the present day security concerns of the country and, as such, focusing on change that does not happen all at once (Zucconi 2009). This can be accomplished through the implementation of institutions that would help to gradually shift Turkey towards a path of better human rights protection.

Recommendations

Utilizing Institutions to Address Human Rights Abuses

After examining all four potential courses of action, the 4^th seems to be the best when it comes to compromising on the need for security as well as the need to ensure the implementation of proper human rights protections.

One of the problems when it comes to advocating for changes in the domestic affairs of a state is that, based on the theory of realism, with states acting as the primary actors in international relations, it would take either military or economic actions to actually have such recommendations be absolutely implemented (Karagiannis 2013).

It is unlikely that the EU would take such a stand to enforce human rights within Turkey while it is also true that Turkey is unlikely to implement all of the recommendations that the EU is advocating for. This is due to the fact that the government of a state is entrusted with the survival of the state through whatever means that it can implement (Sterling-Folker 2000).

Some of these methods, as seen in the case of Turkey, comes in the form of the denial of certain human rights in order to implement greater protective measures in order to ensure the continued safety of the majority (Solingen 2008). Thus, from the perspective of Turkey’s domestic agenda of protecting itself from terrorist attacks and radical Islam, human right violations are a necessity. It is unlikely that Turkey will change its stance on this issue simply because the EU is asking, this is despite the fact that it wants to be part of the EU.

Turkey is unlikely to compromise on this despite its potential EU membership being irrevocably removed. It is due to this that one option for consideration is to implement the theory of neoliberal institutionalism in order to subtly “correct” Turkey’s actions over time instead of outright demanding that they change (Ploom 2014).

The logic behind this set of actions is based on the neoliberal institutionalist belief that institutions can play an important role when it comes to assisting in international cooperation (Ruggie 1998). In this case, international cooperation takes the form of implementing a means by which Turkey’s internal human rights record becomes more in line with current EU doctrine. To bring this about, it is recommended that the EU create a council for integration that involves Turkey (Sungjoon 2014).

Through the council, the EU would create institutions for integration and cooperation between itself and Turkey that focus on constraining particular activities (i.e. denial of certain human rights), shaping the expectations of Turkey towards integration in the EU (i.e. stating that without certain safeguards in place Turkey will be enable to ascede into the EU) and helping to shape the behavior of the Turkish government so that it will be more in line with what is needed to be part of the EU (Grieco 1988).

The advantage of implementing this type of strategy is that it can be done in stages while taking into account the current issue of domestic terrorism within Turkey. Since it is unlikely that Turkey will change overnight due to its domestic security concerns, the goal of the implemented institutions is to help Turkey slowly commit to a particular stance when it comes to human rights concerns.

This method of slow commitment as well as implementing methods of shaping expectations, will enable Turkey to realize the need to undertake the necessary internal changes if it wants to commit to being part of the EU and, as such, will undertake the changes themselves.

Through such a process, the Turkish government will be more amenable towards implementing the necessary human rights protections without the EU having to outright demand that they put in place. This creates a far more feasible means of future EU integration as well as the protection of human rights within the region.

Reference List

Burgin, A 2010, ‘Ongoing opposition in the West, new options in the East: is Turkey’s EU accession process reversible?’, Journal Of Balkan & Near Eastern Studies, vol. 12, no. 4, pp. 417-435

Glyptis, L 2005, ‘Which side of the fence? turkey’s uncertain place in thE EU’, Alternatives: Turkish Journal Of International Relations, vol. 4, no. 3, pp. 108-139

Grieco, JM 1988, ‘Anarchy and the limits of cooperation: a realist critique of the newest liberal institutionalism’, International Organization, vol. 42, no. 3, pp. 485-507

Icduygu, A 2010, ‘The politics of demography and international migration: implications for the EU-Turkey relationship’, Journal Of Balkan & Near Eastern Studies, vol. 12, no. 1, pp. 59-71

Karagiannis, Y 2013, ‘The Élysée Treaty and European Integration Theory’, German Politics & Society, vol. 31, no. 1, p. 48

Narbone, L, & Tocci, N 2007, ‘Running around in circles? The cyclical relationship between Turkey and the European Union’, Journal Of Southern Europe & The Balkans, vol. 9, no. 3, pp. 233-245

Park 2015, ‘Turkey’s isolated stance: an ally no more, or just the usual turbulence?’, International Affairs, vol. 91, no. 3, pp. 581-600

Ploom, I 2014, ‘Towards Neoliberal Imperialism? Discussing the Implications of the New European Governance Emerging from the Fiscal Crisis and Administrative Reforms for the Identity of the EU’, Administrative Culture, vol. 15, no. 1, p. 21

Redmond, J 2007, ‘Turkey and the European Union: troubled European or European trouble?’, International Affairs, vol. 83, no. 2, pp. 305-317

Ruggie, JG 1998, ‘What Makes the World Hang Together? Neo-utilitarianism and the Social Constructivist Challenge’, International Organization, vol. 52, no. 4, pp. 855-885

Solingen, E 2008, ‘The Genesis, Design and Effects of Regional Institutions: Lessons from East Asia and the Middle East’, International Studies Quarterly, vol. 52, no. 2, pp. 261-294

Sterling-Folker, J 2000, ‘Competing paradigms or birds of a feather? Constructivism and neoliberal institutionalism..’, International Studies Quarterly, vol. 44, no. 1, p. 97

Sungjoon, C 2014, ‘An International Organization’s Identity Crisis’, Northwestern Journal Of International Law & Business, vol. 34, no. 3, p. 359

Wood, S, & Quaisser, W 2005, ‘Turkey’s Road to the EU: Political Dynamics, Strategic Context and Implications for Europe’, European Foreign Affairs Review, vol. 10, no. 2, pp. 147-173

Zucconi, M 2009, ‘The Impact of the EU Connection on Turkey’s Domestic and ForeignPolicy’, Turkish Studies, vol. 10, no. 1, pp. 25-36

Despite a long-lasting struggle for people’s rights, in the present-day world, there are still certain social groups whose rights remain infringed. One of such, immigrants are I desperate need for their rights to be protected. Unlike any other social group, immigrants often do not have the ability to voice their concerns and problems fully, which calls for another reconsideration of the immigrant issue.

It is worth mentioning that basic human rights can be split into several categories. To start with, there are civil rights, which immigrants are supposed to have as well as the local people.

However, if taking a closer look at the situation in the USA, it is necessary to mark that the immigrants often face the threat of deportation: according to the Associated Press, there is a “policy to deport immigrants in the midst of a legitimate effort to protect their civil rights” in the USA (Associated Press).Therefore, it can be considered that the U.S. government must reinforce the existing civil rights protection for immigrants.

Another significant issue worth touching upon is the problem concerning the economic needs of the immigrants in the USA. To have all the necessary facilities and be able to pay the rent and the bills, immigrants have to pick a certain job, which seems to be quite a problem at present. The given problem stems not form the immigrants’ lack of skills or professional incompetence, but rather from the fact that, out of two applicants for a job, an average employer prefers a local applicant over a nonetheless competent immigrant (Dartford).

In the light of the recently issued Dream Act, according to which, young immigrants can get a work permit easily, the problem can seem solved. However, there are still considerable issues like the fact that the program is solely for the youth (30 years or younger) and the fact that the program can hinder the American youth’s opportunities: “‘It’s a betrayal of American young people,’ said Rep. Dana Rohrabacher, a California Republican’, said Rep. Dana Rohrabacher, a California Republican” (Dartford).

Another problematic issue concerning the rights of immigrants arises from the infringement of their political rights in the USA. A sad but true fact, the phenomenon of immigrants’ under-representation within the governmental system is quite upsetting. Although over the past few years, the problem has not increased, it has not become any less significant either.

According to the most recent reports, “Migrant communities are nowhere near adequately represented in elected office and this under-representation is mirrored in political parties” (Political Participation). Not only do immigrants fail to participate in the existing political system, but also to vote: “With nobody to look after their interests in government, migrant communities are slow to register and vote” (Political Participation). Hence stems the concern for the immigrants’ political involvement and the observance of their rights.

Finally, the socio-cultural aspect must be touched upon. With the domination of the American culture, the culture of immigrants remains in the shadow. Thus, the cultural and social rights of the immigrants are trodden upon.

Hence, it can be considered that the USA government must offer immigrants all the rights that they can possess according to the U.S. law. It is important that not only the local population, but also the people who have emigrated from other states into the USA could feel at home in America. Once adopting the suggested system, one can anticipate that the rights of the immigrants will be respected and recognized fully.

Works Cited

Associated Press. Feds Won’t Deport Immigrants in Civil Rights Cases. 2011. Web.

Dartford, Katy. Queue Here for America: Thousands of Illegal Immigrants Line up for Right to Work in the U.S. under Obama’s ‘Dream’ Act. 2012. Web.

Political Participation: Under-representation of Immigrants in Legislative Bodies 2003. Web.

Kampala Amendments to the ICC Statute

Status of the amendments

The Kampala Amendment to the ICC Statute is one of the landmark amendments that seek to give the International Criminal Court more power to deal with acts of aggression and crime against humanity. The amendment defined acts of aggression and crime of aggression. In order to understand the status of these amendments, it is important to appreciate the relevance of the definition given in reference to acts and the crime of aggression. The International Criminal Court has been experiencing problems with a clear definition of these terms when interpreting the law. The amendment has given the international court jurisdiction over the crime against humanity, such as genocide, including the crime of aggression.

Several nations have ratified this statute, giving it momentum towards its successful implementation. Many nations have realized the relevance of fighting acts of aggression and crime of aggression. The United Nations General Assembly has been at the forefront urging member countries to ratify the amendments in order to boost its implementations. The United States, though not a member state of the International Criminal Court, has pledged support for the Hague-based court in implementing the amendments made in Kampala in 2010.

Several member states have given their support for the Kampala amendments because of the reality of acts and crimes of aggressions that is becoming a reality in various parts of the world. This amendment has received massive support from several countries around the world. Liechtenstein, Samoa, Trinidad & Tobago ratified the amendments in 2012, while Germany, Luxembourg, Estonia, and Botswana ratified this amendment in 2013.

Several countries were slow to ratify the amendments because of various national issues. However, following the Russian aggression into Ukraine and annexation of Crimea, many countries have embraced the amendments. Currently, there are 14 states that have ratified the amendments, 7 of which are NATO member states. The latest state to ratify the amendments was Slovakia. Several countries in North America, South America, Europe, Asia, and Africa are at advanced stages of ratifying the amendments to bring it into force.

Many nations that had initially opposed the Kampala amendments have publicly stated their support for it through their foreign ministries and national assemblies. The amendments are coming into force, giving the International Criminal Court powers to prosecute individuals accused of the crime of aggression or acts of aggression. However, it is important to note that some of the major world powers like China and Russia have not given their express support for the amendments, a fact that has slowed its enforcement.

Implications of the amendments for U.S. military operations

The Kampala amendments will have direct implications on the United States military operations in various ways. Currently, the United States has its presence in various parts of the world. It has been active in Iraq, various parts of Asia, and in Africa. It has also been engaged in military activities with other NATO allies with the view of preventing the crime of aggression. The United States is the only Superpower country in the world following the collapse of the Soviet Union. This comes with a series of responsibilities that should be met by the military unit of this country. In the past, the United States military has experienced numerous challenges in its interventions to protect the sovereignty of various states around the world.

Many governments around the world look upon the United States for military protection when they come under aggression from external aggressors. At the same time, some governments have resisted military intervention of the United States when the case is about the crime of aggression. This contradictory approach to the military interventions has been a challenge to the legal and moral support that the military needs in their operations. This will definitely change with the ratification of the Kampala amendments. In analyzing the implications of this ratification, it would be important to focus on the current and future impacts.

Current implications

One of the current United States military operations that may be affected by the amendments is the War in Iraq. Started by the previous regime, the United States military operations are still active in this country. There has been a controversy over the legality of the US military on this foreign land. A section of the society and many governments in the Arab world have felt that the presence of the United States military is illegal.

The ratification of the amendments by the member states will give the US military a legal ground for their presence in this country. When the member countries ratify the amendments, they will be affirming that the crime of aggression is punishable by law, and any leader who perpetrates such crimes is not fit to rule. This will justify the need for the United States to move its forces to such countries with the view of protecting the sovereignty of the people.

The power should always be with the people, and whenever any leader subjects its own people to mass murders as was the case in Rwanda in 1994, the international society will be justified to intervene. This will also justify the move made by the United States military to kill Osama Bin Laden in 2011.

In 2011, NATO intervened in the Libyan revolution by deterring the government from using its state machinery against its own people. Such an act by the Libyan government would amount to the crime of aggression, which is a crime punishable by the International Criminal Court as per the Kampala amendments 2010. This justifies NATO interventions.

However, it is important to note that the amendments may limit the United States drone strikes, such as those that have been experienced in Yemen. The amendments prohibit any acts of aggression by one country against the other, especially through the form of coercion using military force. It can easily be interpreted that the US drone strikes in Yemen are a direct attempt by the United States to coerce the Yemen government to act in the interest of the United States.

The US military operations in Yemen, especially the use of the drone strikes, may meet very strong opposition if the United States cannot explain the specific acts of aggression or crime of aggressions that justifies the strikes. This may be aggravated by the claims that the drones have been causing civilian casualties. In light of these amendments, the United States may be forced to review its military operations in Yemen.

Future implication

It is expected that the Kampala amendments will have a massive impact on the future United States military operations. There has been the claim that Rwanda is supporting the M23 rebel movements accused of the crime of aggression in the Democratic Republic of Congo. According to the Kampala amendments, this amounts to acts of aggression. Rwanda can be viewed to be directly attacking the democratically elected government in Democratic Republic of Congo.

The United States has not responded to this directly, and the International Criminal Court has also ignored the role played by the Rwandan government in mass massacre in Eastern Congo due to the activities of M23. However, the United States may need to make direct military intervention in this war in order to protect innocent lives that are lost in this region.

The proposed US-UK response to Syria’s use of chemical weapons may be another that may be affected due to these amendments in the future. The international society, especially China and Russia, have been opposed to the response claiming that it amounts to infringement into the sovereignty of the country. However, this view may change with enforcement of the Kampala amendments. The response will be justified because the government will be liable to crime of aggression.

The International Criminal Court has been facing problems dealing with leaders convicted of crime against, but is still in power, just as the Syrian case. This amendment will justify the need for the international forces to intervene in order to protect the civilians. Another recent case has been the Russian invasion and annexation of Crimea. Russia has used the military force to invade Ukraine and annex part of it. Ukraine has been looking forward to a military support from the United States. The Kampala amendment justifies this military support because Russia has engaged in acts of aggression.

Amendments to the Rules of Procedure and Evidence Adopted by the ICC Assembly of States Parties

The amendments

In November 2013, the ICC Assembly States parties made a series of amendments to the rules of procedure and evidence in a move that has largely been seen as a blow against the Kampala amendments of 2010. There are amendments that were made which would affect the prosecutor, witnesses, victims, and the defendants. The following are some of the notable amendments that this assembly came up with during its November 2013 sitting.

Place of trial

Another major amendment that was made during the Assembly of member states meeting was on the place of trial. In the past, all the cases were conducted at the host state to the ICC which is Netherlands. However, the assembly made an amendment to rule 100 that permitted the court proceedings to take part in any other state other than the host state of ICC. By amending the rule, the ICC was mandated to conduct the part or whole cases in a state that would be convenient to the defendants, victims, witnesses, and the prosecutor.

Prior recoded statements from witness

There was a controversy over the prior recorded statements in the Kenyan case. The defendants claimed that witnesses had been coached by partisan individuals who were interested in defeating justice for the defendants. The recording of statements was stated in rule 68, and there was a feeling that its original form was ambiguous and was open to misinterpretation. The amendment was made that permitted the use of statements recoded prior to the court proceeding as long as the affidavit to that effect was effectively signed.

Trial in absentia exclusion from trial

The assembly adopted the request from the Kenyan diplomats that the president and his deputy should be exempted from the proceedings of their trial because of their positions in the country. Trial in absentia was something that was unique to the proceedings of the International Criminal Court. In the past cases, the defendants were expected to be present during the proceedings of their cases. However, this assembly made an amendment that would allow the proceedings to continue in the absentia of the defendants under special circumstances. The assembly described their positions as extraordinary duties that would make it necessary for them to be present in their countries.

As the president of Kenya, Mr. Kenyatta had the mandate to govern his country. This extraordinary duty was considered by the assembly as a reason that is good enough to exempt a defendant from attending the proceedings of his case. The rule 134 that demanded for the physical presence of the defendant during the proceedings was, therefore, amended to give people in position of leadership an opportunity to skip some of the court proceedings. The Kenyan deputy president was also exempted from the court proceedings under the same rule. This amendment also introduced video technology that was a new phenomenon at the ICC. This meant that the defendants can attend the proceeding through video conferencing. This would eliminate the need to be physically present during the court proceedings.

How the amendments address the particular challenges faced by the ICC in the Kenya situation

Some of the amendments have helped address the challenges faced by the ICC in the Kenyan situation. One of the main challenges that were solved by this assembly was the issue of statements written by the witnesses prior to the court proceedings. Some of the witnesses were compromised by high ranking government officials in Kenya. They were either coerced with threat of death or bribed after their identities were revealed.

This made them change their statements during the proceedings in favor of the defendants as a way of protecting themselves. Others withdrew from the case, and this led to the collapse of Francis Muthaura who was one of the ICC suspects. When the assembly passed that the previously recorded statements from the witnesses could be used in the courts, it became easy for the prosecutors to use the evidence of the witnesses even after they withdrew from the cases. This was vital in addressing the problem of witness victimization.

The amendments also criminalized any direct interference with witnesses of the ICC. Walter Baraza, a Kenyan journalist who was accused of revealing the identity of the witnesses and bribing them, became a suspect in the ICC for interfering with justice. The ICC has issued a warrant of arrest on him and requested the Kenyan authorities to arrest and send him to The Hague so that he can be prosecuted for that offence in the International Criminal Court. The amendments have made it possible for the president of Kenya and his deputy- who have been interdicted for crime against humanity- to attend only some of the proceedings, giving them an opportunity to run their countries without direct interferences by the cases.

How the amendments reflect or relate to experience from prior tribunals and cases

The amendments reflect on some of the experiences from the prior tribunals and cases. The Lubanga case would have been more successful if some of the amendments of the assembly were to be applied. Thomas Lubanga was accused of crime against humanity in the Democratic Republic of Congo. The entire proceedings took place at the International Criminal Court at The Hague. This limited the number of those who could attend the cases as witnesses because of the distance. Human rights groups have complained that the 14-year sentence given to Lubanga amounted to lack of justice given the atrocities he committed.

They have attributed this leniency to the fact that the jury was miles away from the place where the crimes were committed, and therefore, was not able to determine the real impact of Lubanga’s actions. They claimed that the case should have been heard from a location that is near Congo. Based on the amendments made by the assembly, the case would have been brought to neighboring countries to allow many witnesses to attend the proceedings. As stated in this new amendment, this would have allowed for public consultations and community participation in the proceedings.

How the amendments balance the interests of the prosecutor, defense, victims, and witnesses

When the assembly made the amendments, they were under pressure from the African Union and Kenyan diplomats to find a way that would make the Kenyan president manage his country without any direct interference from the court’s proceedings. It was also obliged to find solutions to the problems of the ICC that it was facing in the Kenyan case, especially after the case against Muthaura failed to pull through. It had to make a delicate balance to ensure that the interest of the prosecutor, defense, victims, and witnesses are well protected during the proceeding.

The amendment made by the assembly that allowed the court to use pre-recorded statements was very beneficial to the prosecutor. The International Criminal Court prosecutor faced serious problems following the withdrawal of many of the witnesses after their identity had been revealed. Some even changed their statements in favor of the defendants following the threats they received from the Kenyan government. This weakened the arguments of the prosecutor. The amendment allowed the prosecutor to use the previously recorded statements to push through their arguments.

To the defense team, the amendment was very beneficial in many ways. It introduced a new system where the defendants could attend the proceedings via video technology. This meant that the defendants would have time to govern their country as the proceedings went on. The absentia clause was also to the benefit of the defense team. The defendants were exempted from attending all the court proceedings against them, which was one of their main requests to the assembly.

To the witnesses, it was beneficial that the assembly permitted them to make testimonies without revealing their identities. Their faces and voices were distorted to eliminate any possibility of victimization by their own government or people at their home country. The Witness Protection Act also ensured that anyone who had known of the witness identity previously and revealed it to third parties would be held liable. This was the case with Walter Baraza who is now facing charges of witness interference. To the victims, the case seeks to find the best way of delivering justice to them.

Introduction

International relations continue to re-shape feminism by its increased articulation of the ideology through an enhanced global discourse that pursues the embodiment of human rights. The global community continues to take cognisance of the fact that justifying feminist action is a humanitarian cause that seeks nothing but the good for all humanity (NGO Working Group on Women, Peace, and Security 2015, p. 1).

In recent times, there has been tremendous progress in recognising and addressing the lopsided impact of conflict on women and girls generally. Women’s leadership pursues the full and equal participation of both girls and women in an effort to establish a lasting global peace and security.

Opportunities for women as Lene (2000, p. 78) notes will not be easy to achieve without the promotion and recognition of their human rights. The global community must be imperative to avert conflicts and build peace across the world to make the feminine objectives achievable. Achieving the objectives of women demands that the international community address the following:

Women’s participation

Often, the society tends systematically exclude women from meaningful participation. This scenario characteristically threatens the sustainability of engagements hence forcing women to push for greater representation and fairness. The international community has a duty to pull together all peace-making initiatives to include women to the process systematically (NGO Working Group on Women, Peace, and Security 2015, p. 2).

The need to increase the participation of women and the girl child in the civil society organisations must aim to strengthen women human rights. Increased participation of women must hasten women’s ability as decision makers both at national and local levels. The contribution of women is critical as it ensures that women’s rights and priorities are enshrined in the political processes to bring sustainable peace.

National and regional integration

Local, national, and regional gender balance can pave the way for increased participation of women in the mainstream society and institutionalise women’s leadership in decision-making processes. Women have what it takes to transform almost every sector of society, including health, education, leadership, and business (Mayoux 2010, p. 583).

Integration of women in the mainstream activities in the society must aim to enhance gender perspective as pillars of institutional work in the development of these efforts. The international community has a duty to work as a united force to develop, implement, and evaluate the existing global gender strategies that seek embody women affairs.

Expanding public leadership to involve women

Over the past thirty years, there has been a widespread revolution in the concept of governance and public administration generally (Riccucci 2010, p. 167). Public administration continues to be a challenge in most parts of the world hence how to improve it becomes a necessity for the harmonious continuity and transition in different societies.

The society is fast moving past incremental changes and improving public leadership is part of the process in transforming the government into fundamentally useful entity. Governments of the world have a duty to give an era to women’s voices. Improving public leadership to conform to the ideals of women involves change that must come with acceptance from all stakeholders of the community. This change has to be in the right direction capable of answering to the aspirations of the women in general. Expanding public leadership to involve women is a transformation process, which in turn act as process of adjustment in structure, form, and character in the concept of community. Change as Alison (2004, p. 448) opines denote a break from the old unnecessary habits — a conversion or a revolution of some sort.

Improving public leadership styles constitute a fundamental consideration of program design and a tour into the preferred business processes that an organisation must nurture as part of its tradition (Capper & Ginter 2002, p. 156). Organisations or governments have unique footprints of the trajectory of their administrative reforms to guarantee women’s agenda. The leadership reform movements in several parts of the world have footprints of great leaders that had a distinctly ideological zeal attached to them.

The need to downsize and decentralise government led to the conceptualisation of more palatable leadership styles that were popular with the masses. In many cases the urge to improve public leadership, stemmed from economic crises that sought to meet the demands of the changing trends to help finance growing economies.

The urge to expand public leadership to involve women covers many areas of government such as the need to improve service delivery and increase management output and accountability. Improving public leadership according to MacKenzie (2009, p. 212) relate directly to civil service reforms, performance matrix, use of information technology, strategic planning, contracting, and structural streamlining to accommodate broader managerial perspectives.

Democratisation process

The Truman Doctrine promulgated a noble policy that meant to support free people who were subdued by armed dynasties or external aggression. President Truman however, observed that the aid America was volunteering would be in handy, yet in the form of fiscal aid given that economic strength and organised political structures were the foundations of stability, which essentially was after all, what the newly independent nations yearned for.

The word democracy emanates from two Greek terms ‘demos’ meaning the people while ‘Kratos’ refers to a form of Aristocracy denoting a leadership that is decided upon by the people (Bostdorff 2008, p. 156). In the American context, democracy refers to a people chosen government, a concept of governance that cannot subjugate its people. Democracy by any means is the preserve of an equal opportunity society where everyone has a say in the concept and nature of governance.

As a concept in public opinion making, democracy makes sovereignty worth its while. The logic of civic competence and the drive to have an impact in the concept of political life and shape the democratic process of a people delves essentially on the ability to grasp the political tenets that defines a people.

Elements such as the logic of civic participation as Vyas (2003, p. 444) notes are essential ideals of democracy that are instrumental in public opinion and decision-making. Clearly, high levels of self-expression, values, and political participation are essential for a healthy public opinion making today.

Financing

The international community need to direct equal access to women to reach out to direct funding to implement their decision-making. Clearly, the body has a task to provide multi-faceted financial support to women leagues through existing global funding bodies and civil society organisations working at national, regional, and global levels to ensure continued funding to the dedicated efforts for women in different parts of the world (Kiran 2012, p. 572).

Gender proficiency is a fundamental across the communities in the world today and the international community should relent to allow a few individuals to make it an optional process.

Redefining the roles of the military to limit conflicts across the globe

The military are usually the largest division of armed forces authorised to use excessive force in support and protection of the interests of state. Military role is primarily to defend the state and the citizens in prosecuting war external aggression by another state (Parashar 2011, p. 297).

The military roles includes but not limited to promoting political agenda, participating in social activities, construction of infrastructures, public health programs, humanitarian and disaster relief operations. Within the wider global politics, militaries collaborate to promote regional stability, and for that matter global world peace. This paper looks at the importance of the military in a wider nationalistic and the broader global geopolitical aspect.

Deterrence of external aggression

Within the military, the deterrence theory became an issue that captured the imagination of several militaries during Cold War (Zuckerman & Greenberg 2004, p. 267). This was mainly due to the increasing concern by world militaries as the nuclear arms race ragged in.

The presence of an army helps in deterring external aggression and in the process this assist in maintaining regional and global security. As a military practice, the concept of deterrence has been instrumental as a convenience in instigating the other party to refrain from aggression that might result in a counter attack. All these aspects of deterrence seek to nurture Regional Corporation by solving conflicts through consensus.

Humanitarian operations and effective disaster relief aid

The use of the army for humanitarian and disaster relief operations is a long established military tradition in geopolitics. Within the geopolitics, a clear association exists between disaster outbreak and military relief. The civilian population often looks upon the military to come to their aid whenever disaster strikes or in the event of full-blown wars, and emergencies (Newell 2002, p. 50).

Militaries of the world have rapid response teams that coordinate with regional authorities to deliver relief and aid to populations under threat of natural disasters or civil wars. Within geopolitics, these operations not only seek to secure regional power balance and world tranquillity, but also to give the military an abstract humanitarian outlook.

Promotion of regional stability

The logic of regional stability is clear within the geopolitics matrix. Militaries of the world believe that the first step in the promotion of regional stability is by pooling their resources together while enhancing corporation to reinforce the security structure of a region. Within the wider geopolitics, regional Military Corporation allows armies to scale economic boundaries to acquire military equipment necessary in securing regional stability.

Military Corporation is therefore, instrumental in geopolitics because it multiplies the military might of a single country’s armed forces. NATO is a typical example of a military alliance that seeks to secure regional stability in the geopolitics of the North Atlantic region (Shepherd 2014, p. 345). Within this understanding, militaries find it easy to detect and disrupt terrorist operations and networks in all corners of the world.

Discussion

The military is a necessary aspect in striking a balance between geopolitics and regional governments within their realms. From the strenuous history of geopolitics, it is clear that the world can only exist in cohesion with itself when there is a robust military in force. Nations of the world are often suspicious with one another hence the need to keep external aggression in check.

Militaries defend states and their citizens to avoid unnecessary subjugation by foreign force (Newell 2002, p. 53). In times of natural disasters and civil strife, the army provides humanitarian aid to civilians thus securing lives. National stability and regional stability constitute global peace hence militaries of the world collaborate to disrupt regional conflicts.

Human rights movement

The quest for human rights creates a mental picture that draws the audience’s assumed knowledge of human beings as horrific entities judging from acts of history that caused and continues to cause unprecedented human sufferings such as colonisation, slave trade, apartheid, torture, and abortion. Human rights as a concept thrived under several concepts before the reigns of King John Lackland of England.

For some reason, Lackland violated the laws and customs that governed England and he was compelled to sign the Magna Carta (the Great Charter) in 1215 (Albertone 2009, p. 45). The Magna Carta was a binding document that sought to ensure the King followed the laws of the land while guaranteeing the rights and freedoms of his subjects against his wishes.

These ancient developments were the offshoot of the chronicles of the human right movements in history. The then society’s religious mentality is perhaps among the most referenced mind-sets in the ancient international diplomatic ties in the continental Europe.

In the years following the Second World War, the world turned its focus from the contest between democracy and totalitarianism to emerging threats such as the global balance of power. The power vacuum in the years following the post-war history greatly troubled the United States, especially in the oil opulent and war ravaged Middle East.

In the 1960s, much of the Middle East was a deep preoccupation and this was mainly because its inclination to communistic thinking. The foundations of the Truman Doctrine were premised on the justification of the theory that Communism thrived on sheer determination to destabilise world economy.

Conclusion

Societal ethics as explored in the traditions of old parochial societies and embedded in the origins of the agreeable social relations and attitudes cherished by the society have brought humanity this far. The interplay between human rights and public policy making relationships usually express themselves in the patterns or forms of behaviour that the society considers to bring about ethical symbiosis between its key cogs.

In the past, these prototypes were stipulated in the decorum of the customs of the day, and were idealised, analysed, and inferred upon the people by the moral thinking standards of the time. However, with increased democratisation of the society and enhanced acceptance of human rights, everyone has the right to influence public opinion and policymaking.

References

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It is the obligation of every state to adhere to the human rights standard. But each country has its way of doing things. Some of the states see the need for modernizing their systems. The paper would discuss domestic legal traditions versus the states’ human rights.

One of the greatest similarities is that most of the countries have almost the same laws. Some of them have a legal structure that supervises and administers the human rights standards (Mitchell, Ring & Spellman 2013). The structures have the same source.

Countries that have domesticated the common law have greater independence of human rights. Common law is like a superior legal system and a standard for the provision of fundamental human rights. The practice of the common law started in England and spread to other nations.

Most of the countries have a free and fair legal system, better economic freedoms, and better investor protections (Mitchell, Ring & Spellman 2013). They also have wonderfully developed capital markets. It is in the spirit of fairness that they practice freedom.

The countries have a well structured political system that adheres to the rule of law. The leaders provide democratic leadership. They also practice multiparty politics. Such kind of leadership resonates well with the practice of opening up the democratic space.

The state needs to invest in legal education to open up democratic space. They need to allow students to acquire legal knowledge. The countries have more lawyers and qualifying judges because of the open space for education (Rehman & Breau 2007). When there are more lawyers, the state becomes more lenient on its citizens. They help to reduce state oppression.

There are many differences between the domestic legal traditions and the human rights practices of all the regions of the world. Governments need to put in place strong institutions and practice the laws they make. Some domestic legal traditions are in place because of religion.

Islamic law does not require judges to write down the court’s decision. Islamic law has four primary sources. They include the Koran, Sunna, judicial consensus, and analogical reasoning. Islam makes the Koran the main source of law. If the Koran does not give clarification on a particular matter, the judges consult the Sunna. The Sunna is the compilation of the sayings of the holy prophet Mohammed. Then the judges have to arrive at a consensus.

The Islamic judicial system serves the leadership of the country (Rehman & Breau 2007). Therefore, the subjects are at the mercy of the administration. Unlike the human rights practices in all the regions of the world, the person who goes to Islamic courts for judgment is at the mercies of judges. There is a high possibility of unfairness in the rulings. The legal process does not also have precedence to follow. Islamic law makes the individual part of the state and the Islamic community. Therefore, there are rules for individual rights. The individual has only one obligation, and that is to obey the religious law and practices and the state.

The civil law system makes the state supreme, and the individual must obey the system and its laws (Kurasawa 2007). The civil law only protects the state and its interests. Human rights practices require the law to protect individual rights from the state. The Roman Empire used the law for expansion and administration purposes. The empire only used such laws to protect their interests. The law required people to conform to the will of the ruling regime.

Some colonial masters ruled their colonies using harsh colonial statutes. The subjects had to respect and honor their leaders. The law protected the rulers against the individuals. When these countries attained their independence, they maintained the same law. They saw no need to give the citizens any rights. Some colonies used an indirect rule where they gave a few local chiefs power to administer the locals. The Chiefs had to wield power over their subjects for them to serve their masters.

Other colonial countries directly ruled their subjects (Mitchell, Ring & Spellman 2013). Most of these countries have constantly had human rights problems. They do not accept any opposing views. They also do not give people freedom. Governments that have the rights of individuals in their constitution have also made it difficult for the citizens to enjoy them. The subjects cannot get their rights through the judicial system because the judiciary is at the mercy of the rulers.

The common law promotes the strengthening of the rights of the individuals. The individuals can mobilize support to defeat the government’s dictatorship in matters that concern the human rights (Kurasawa 2007). Islamic and civil laws do not allow such freedom. In fact, it is treason in such countries to rebel against the governing authorities.

Human rights practices are involved more in creating healthy social relationships. They propagate the rights of the individual from the state (Kurasawa 2007). In such countries, there is the doctrine of precedence. Such precedence is not in the civil and Islamic laws. Judges in the common law have to refer to past solved matters so that they do not make new rulings. The system promotes consistency in the legal process. It removes biases. And if an individual feels that the process may not have been fair to some extent, he or she may appeal. The appellate judges have the powers reexamine a matter and even reverse the lower courts’ decisions. Islamic and civil law procedures do not allow such action. The judgment is always final whether it was fair or unfair.

The common law gives judges more freedom to determine the matters before them. It has the adversarial trial system where the opposing sides can argue to resolve an issue. The modern civil law limits the independence of the judges and judgments. Islamic law has the highest repression levels because the legal structure has links with the state and the Islamic religion. The extent to which some countries promote human rights practices is untenable. The judges are not independent of the state. The law may also not provide enough checks on the executives concerning human rights. In some authoritarian states, the judges have independence but only serve the current regime or in fear of the same.

Some countries have military regimes. Previous experience with repression, internal and external conflicts can cause the ruling regime to abscond human rights privileges. States that have experienced dictatorial colonial rule may not have changed the system when they obtained independence. Other leaders deny human rights because of their corrupt dealings (Rehman and Breau, 2007). Others do it because of the resources curse. They have many resources and would like to have them for selfish gains.

Governments need to improve human rights by strengthening the independence of the judiciary. The international community can ratify treaties and push for individual states to domesticate them. The nations should not just make the rules but also enforce them. A stable legal system can ensure common law adherents. The civil law countries should promote human rights practices. The international courts and human rights regimes need to help the countries that had colonial governments.

References

Anthonissen, C & Blommaert, J 2007, Discourse and human rights violations, John Benjamins Pub, Philadelphia. Web.

Mitchell, S, Ring, J & Spellman, M 2013, ‘Domestic legal traditions and states’ human rights practices’, Journal of Peace Research, vol. 50, no. 2, pp. 189-202. Web.

Rehman, J & Breau, S 2007, Religion, human rights and international law, Martinus Nijhoff Publishers, Leiden. Web.