Course syllabus
Course syllabus
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DISCIPLINARY AREA OF POLITICS AND INTERNATIONAL RELATIONS
POLITICS 750 International Relations and Human Rights
COURSE SYLLABUS 2020
Semester Two 2020 -- Tuesdays 11 am - 1 pm
Associate Professor Stephen Hoadley, Convenor and Principal Lecturer
Human Sciences Building, Room 511
(09) 373 7599 extn 87031
s.hoadley@auckland.ac.nz
Office Hours: Tuesdays 1 pm - 2 pm. Or any time by email.
COURSE DESCRIPTION
- This course explores the policies of states towards each other and towards international organisations, non-state entities, and individuals in fulfillment of their obligations under domestic and international law to protect human rights. Instruments of statecraft ranging from diplomacy, monitoring and mediation to peacekeeping and military intervention are described and assessed in light of case studies.
- Broadly, this course juxtaposes the traditional claims of states to impose order against more recent claims by individuals to freedom, rights, justice and humane treatment. It places these conflicting claims in the modern international context, characterized by international organisations, law, politics, and public opinion mobilised by NGOs.
- A recurrent theme is the primary responsibility individual states bear for the implementation of international human rights ideals and agreements. A related theme is the impact of states’ domestic politics and foreign policy decision-making institutions as they affect, and are affected by, states’ international human rights obligations, goals and policies. Country case studies may include the US, NZ, or others chosen by students in which the politics of the formation of HR policy by particular governments may feature.
- While common lectures and readings are presented, students will have a wide choice of essay and oral report topics to make best use of their interests, skills and experiences. Students will be encouraged to master not only traditional academic research and writing techniques but also Internet search and downloading capabilities and use of electronic information sources and presentation techniques to support their essays and oral reports.
- This course may be taken in pursuit of the BA (Hons), two-year MA, MCTS, MPP, PGDipA or other graduate degrees in POIR and Social Sciences.
PURPOSES AND OBJECTIVES
This course has the following aims:
• To stimulate interest and provide background on topics that can be researched for Politics 737, Politics 780, Politics 789, and other research essays, dissertations and thesis.
• To sharpen skills and deepen experience in efficient research, discriminating analysis, critical thinking, accurate writing, effective oral presentation, and human rights advocacy.
• To orient students to and inform them regarding the origins, structures, processes, and political issues surrounding key international human rights institutions, including international human rights law, the International Bill of Rights, the United Nations Charter, the UN human rights bodies, the ad hoc international criminal tribunals, the International Criminal Court, and related institutions and events, and how these can be deployed in the enhancement of international human rights.
• To alert students to the human rights aspects of their future career work in governments, international organisations, corporations, NGOs, media, teaching, and other professions.
THEMATIC OVERVIEW -- HOW TO PROTECT HUMAN RIGHTS INTERNATIONALLY.
The following is a simplified overview of how human rights reforms progress. It may be used as an analytical template to contextualise successful episodes of human rights (HR) protection, to criticise failed reforms, or to prescribe new initiatives. This course will touch on all these ten phase themes but focus more on the latter phases (5-10) than the initial phases, that is, we will focus more on the actions of states and international institutions and their political drivers and limits than on non-official diagnosis and advocacy. Also see Buergenthal’s four stages in Human Rights Q Vol 19 no 4 (Library e-resource).
Ten Phases in the Protection of International Human Rights (HR)
1. HR idealists, opinion leaders and investigators identify, diagnose and deplore brutality or discrimination and devise visions of better or more equitable treatment of victims.
2. Thoughtful advocates distill and assert principles and specify minimum standards of HR treatment.
3. NGOs and other activists negotiate deeper consensus on HR standards and organise wider support coalitions around that consensus.
4. Opinion leaders and NGOs mobilize, publicise, and lobby to exert influence on the public, journalists, political party and group leaders, legislators, government leaders, and international organisation delegates.
5. Governments, responding to either domestic demand, new international standards and best practices, or pressure, individually adopt human rights standards in legislation, policy, administration and justice systems .
6. Governments negotiate international agreements on HR standards and prescriptions, usually in the form of HR treaties, then refine them, e.g. with declarations, amendments, protocols or supplemental treaties.
7. Governments acting through international organisations delegate to states the responsibility of adopting and implementing HR treaties within their boundaries.
8. Governments, UN bodies, HR treaty committees, and NGOs monitor compliance and report publicly, ‘naming and shaming’ violators.
9. Governments create national or international courts to prosecute individual violators of HR treaties, with the resources and enforcement assistance of relevant states-parties, for example the International Criminal Court.
10. Governments act, unilaterally or multilaterally, with or without UN Security Council mandate, to intervene diplomatically, economically, or militarily in violating states to protect victims of severe HR violations, changing culpable regimes by force as a last resort. This is called humanitarian intervention (HI).
COURSE STRUCTURE
Initially, students will participate in an exercise and write a report to illuminate a human rights violation, due Week 2, worth 10% of the final grade. The report will be used for a diagnosis of academic skills. See guidelines below under Week 1. Then students will write a critical book review, due in Week 4.
Then each student will research a major topic and report orally on it. The presentation will be worth 30% of the final grade. Use the Discussions Questions as focal points. Students will volunteer and the lecturer will compile a topic roster and schedule. Broadly, topic options are:
1) an aspect of the evolution of international relations theory in relation to human rights concepts, or a philosophical school, theorist, event, or agreement with relevance to current international human rights issues;
2) an analysis of the evolution of United Nations conventions, institutions and policies on human rights, or on UN humanitarian intervention, and U.S. policies towards the UN;
3) a discussion of the legal institutions attempting to govern the use of war and the morality, law and politics of military intervention to protect human rights or suppress terrorism, or the human rights of terrorists or asylum-seekers; and
4) a review and analysis of the laws of armed conflict and remedies for their violation, including national, regional and international war crimes tribunals, the new International Criminal Court, new courts for new situations, and an old court -- the International Court of Justice -- adapted to new purposes.
Students will write a term essay of up to 2500 words worth 35% of the final grade. Choose from Essay Topics below or adapt a Discussion Question. Other topics may be accommodated upon consultation with the lecturer.
Late in the course there will be a short-answer quiz, worth 15% of the final grade, details TBA.
COURSE ASSESSMENT
EXERCISE REPORT
Value 10% of Final Grade
Due In class, Week 2
Length: 650 words
Topic Chosen from Exercise Guidelines found in Assignments
BOOK REVIEW
Value: 10% of Final Grade
Due in class, Week 4 18 August
Length: 850 words
Books chosen from Syllabus
Please submit via Canvas Assignments or to the lecturer in class (no Cover Sheet necessary).
ORAL REPORT, OUTLINE, AND POWERPOINT
Value: 30% of Final Grade
Due: To be volunteered and scheduled on a roster
Length: 10 minutes plus Q&A = 20 minutes max. Words equivalent = 1600.
Topic: Chosen from Discussion Questions in the Syllabus. The oral report must be on a topic different from your exercise report or essay.
ESSAY
Value: 35% of Final Grade
Due: Friday 16 October by 2 pm.
Length: up to 2500 words
Topic: Chosen from Discussion Questions in Assignments: Essay or list of essay topics in this Syllabus, or consult with the lecturer for an alternative.
QUIZ
Value: 15% of Final Grade
Due: Last day of class, 27 October June, in class.
Length: 40 minutes of abbreviations, identifications, short fill-ins. Words equivalent = 650
Topic: Course material to date.
All students are expected to have read and understood the latest version of the POIR Coursework Guide. The latest edition is available via this website: https://cdn.auckland.ac.nz/assets/arts/documents/politics-and-international-relations-coursework-guide-2018.pdf
Appeals
Students are advised to consult the following people (in this order) at the earliest possible opportunity if, for any reason, they experience problems in completing an assessment:
- The Lecturer, Associate Professor Stephen Hoadley
- The Graduate Advisor Dr Maria Armoudian
- The Convenor of Disciplinary Area Professor Martin Wilkinson
- The Head of School of Social Sciences Professor Simon Holdaway
CORE READINGS and INITIAL SOURCES for ESSAYS
Short-title abbreviation is in bold font.
• NZH = NZ Handbook on International Human Rights (2008) Note useful Internet sources on page 247 and Glossary page 249. Find in Files W1 or print copy in Davis Law Library KM258 FOR hi.
• Goodhart = Michael Goodhart, Human Rights Politics and Practice (2013). 323 G65.
• Hass = Michael Hass, International Human Rights (2008) in SL 341.48 H11. E-resource.
• Lauren = Paul G. Lauren, The Evolution of International Human Rights (1998) 341.48109 L37. View On line via Reading Lists.
• Buerg = Thomas Buergenthal, International Human Rights in a Nutshell (2009) 341.481 B92. 4 print copies
• Normand = Roger Normand and Sarah Zaidi. Human Rights at the UN (2008) Law Library and E-resource.
For NZ IHR topics check out: Bedggood, Margaret et al eds, International Human Rights Law in Aotearoa New Zealand (2017). Davis Law Library .
Background sources for newcomers-- Some good starting points:
Four reliable, accessible and widely used textbooks (with useful glossaries of IR terms) are
- Mansbach and Taylor, Global Politics (2017)
- Goldstein, Joshua S. International Relations (7th ed 2006 or later editions by Pevehouse & Goldstein)
- Blanton, Shannon & Kegley, Charles W. World Politics: Trends and Transformations (2016-17 or earlier eds) several copies in shelves
- Baylis, John and Steve Smith (eds) The Globalization of World Politics (4th ed but 3rd and 2nd editions are useful too)
A few more suggested general IR books and journals
Alston, Philip ed. The Future of UN Human Rights Treaty Monitoring (2000) SL 341.481 A46f
Amstutz, Mark R. International Ethics: Concepts, Theories, and Cases in Global Politics (2008)
Barnett, M. and R. Duvall (eds). Power in Global Governance (2005)
Brown, Chris. Understanding International Relations (2005)
Devetak, Richard ed. An Introduction to International Relations (2017)
Hoffman, Peter J. Humanitarianism, War, and Politics: Solferino to Syria (2018)
Jackson, Robert & Georg Sorensen, Introduction to International Relations: Theories and Approaches (2003)
Karns, M. P.& K. A. Mingst. International Organizations: Politics and Processes of Global Governance (2004)
Larner, W. ed. Global Governmentality: Governing International Spaces (2004)
Little, Richard and Michael Smith, Perspectives on World Politics. (2006)
Mingst, Karen A. Essentials of International Relations.(7th ed 2017).
Papp, Daniel A. Contemporary International Relations (Longman 6th ed 2002).
Viotti, Paul R & Mark V Kauppi, International Relations and World Politics (2007 or earlier ed)
White, Brian, Richard Little and Michael Smith (eds) Issues in World Politics (2005)
Recommended IR and Foreign Policy Journals
Many journals carry articles on various aspects of international politics, and these are particularly useful for recent and current developments. Most are available electronically in full-text via the Library. The principal journals include:
Foreign Affairs
Foreign Policy
Global Governance
Human Rights Quarterly
International Affairs (London)
International Journal of Human Rights
International Organisation
Internationale Politik (English edition)
International Security
Journal of Conflict Resolution
Journal of Peace Research
Orbis
Review of International Studies
Security Dialogue
Strategic Survey
Survival
The Military Balance
The World Today
Washington Quarterly
World Politics
Electronic sources of information
Library Search at: http://www.library.auckland.ac.nz for books, articles, e-data bases, many downloadable.
Internet sources
• Definitions of IR terms may be found at http://www.peace.ca/glossaryoftermsforir.htm.
o See country-by-country human rights and civil liberties assessments at (adjusting for latest year)
https://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper
https://freedomhouse.org/report/freedom-world/freedom-world-2018
o Useful resources are full text articles found in Human Rights Quarterly
o Find useful Internet addresses on p 247 of the NZ Handbook on International Human Rights.
o Access Google Scholar and try various search words and phrases.
LECTURE SCHEDULE
Week 1 Tuesday 28 July
1st hour. Introduction to the course. Briefing on requirements and resources. Assignment of oral reports and essays. Lecture on the state, the Westphalian system, and the Realist theory of international relations and international law.
Discussion questions: 1) In what respects is protection of human rights compatible with IR realist theory, particularly the neo-classical realist variant? 2) After sketching what a state is, show why states are essential to the protection of human rights despite their tendency to be authoritarian. 3) Argue with examples that basing the foreign policies of states primarily on the protection of human rights would be counterproductive.
READINGS: Realism and FPA by SH 2010.ppt HR and diplomacy.pdf ; NZH Ch 2 and Legal Terms 249-50; Lauren pp 21-28 & Index entries “national sovereignty” and “national self-interest”. For reference to terms and concepts see: Goodhart's Glossary; Dictionary of IR REF 327.03 E92; Int’l Orgs and World Order Dictionary REF 341.203 A39; The Dictionary of World Politics (1990) REF 320 E92. Consult Library Catalogue for general IR books such as Goldstein (esp Ch 2, 7); Papp; Jackson; Baylis & Smith; Kegley; and Mingst. Find definitions and other basics on line at www.internationalrelations.net
2nd hour Lecture on the history and philosophy of human rights and international law from the Enlightenment through the Covenant of the League of Nations. Milestones including enhancement of civil liberties in the English Glorious Revolution and Bill of Rights 1689, US Revolution and Declaration of Independence 1776, US Constitution and Bill of Rights 1789-1791, anti-slavery movement (UK), laws of war (Switzerland), women’s suffrage (UK & NZ), workers’ rights (US), and minority rights (Wilson’s 14 Points and post WWI East Europe).
Discussion question: 1) Debate the assertion, citing at least two of the above examples, that political action was more important than religious or philosophical reasoning in raising international human rights standards in the pre-United Nations era. (hint: see the Ten Steps on Syllabus p. 2 above ) 2) What is the basis and character of international human rights law and how can it be employed to enhance the protection of human rights despite its manifest weaknesses?
READINGS: Humanitarian norms 2008.pdf International Law & HR by SH 2010.ppt NZH Ch 1; Goodhart Ch 1 & 4; Haas Ch 2 & 3; Lauren Ch 1-4; Normand Ch 1. Also see Historical Dictionary of HR and Humanitarian Organisations REF 323.025 G67. Human Rights Q Vol 20 (2) p 201-34.
Access articles and data sources at https://www.library.auckland.ac.nz/guides/arts/politics-and-international-relations
Useful reference books on international human rights
• Bell, Duncan. Ethics and World Politics (2010)
• Brown, Chris. “Human Rights” in Baylis and Smith, The Globalization of World Politics, above.
• Bullard, Alice, ed. Human Rights in Crisis (2008)
• Callaway, Rhonda L. & J Harrelson-Stephens, eds. Exploring International Human Rights: Essential Readings (2007)
• Chong, Daniel P.L. Debating Human Rights (2014)
• Donnelly, Jack. International Human Rights. 3rd ed. (2007)
• Evans, Tony. Human Rights in the Global Political Economy (2011)
• Forsythe, David P. Human Rights in International Relations (2012). LAW Library.
• Freeman, Mark, International human rights law (2004)
• Goodhart, Michael. Human Rights: Politics and Practice (OUP, 2nd ed, 2013).
• Haas, Michael. International Human Rights: A Comprehensive Introduction (2008).Short Loan. LAW.
• Hannum, Hurst, ed. Guide to International Human Rights Practice (2004).
• Head, Tom. Civil Liberties: A Beginner’s Guide (2009). Glossary and HR web addresses.
- Howard-Hassmann, Rhoda E. In Defense of Universal Human Rights (2018).
• Human Rights Quarterly (Library Search e-resource) for topical articles.
• Human Rights Reference Handbook (Jan 1999) in Short Loan 323 H91.
• Kolb, Robert ed. Research Handbook on HumanRights and Humanitarian Law (2013)
• Maffetone, S ed. Global Justice: Critical Perspectives (2012)
• Marks, Susan & Clapham, Andrew. International human rights lexicon (2005)
• Mertus, Julie. The UN and Human Rights (2005 or 2009 edition), Ch2 on OHCHR, Ch3 on HRC, Ch4 on HRCOM, Ch 5 on UN Security Council and HI and R2P.
• Mihr, Anja & Mark Gibney,eds. SAGE Handbook of Human Rights (2014) two volumes
• Nash, Kate. Political Sociology of Human Rights (CUP, 2015)
• Normand, Robert & Sarah Zaidi. Human Rights at the UN (2008) E-resource and LAW Library.
• Nowak, Manfred. Introduction to the International Human Rights Regime (2003). LAW library.
• Oberleitner, Gerd. Global Human Rights Institutions (2007)
• O’Brien, Darren J. Human Rights: An Introduction (2003)
• Pedersen, Morten B ed. Principled Engagement: Negotiating Human Rights (2013)
• Provost, René International human rights and humanitarian law [e-Resource] (2002)
• Quataert, Jean H. Advocating Dignity: Human Rights Mobilizations in Global Politics (2009)
• Robertson, David Dictionary of human rights (2004)
• Sen, Purna, ed. Human Rights in the Commonwealth (2008)
• Symonides, Janusz. Human Rights: International Protection, Monitoring, Enforcement (2003)
• Smith, Rhona. Textbook on International Human Rights ((2014). LAW Library.
• Wilmer, Franke. Human Rights in International Politics (2015)
On international law check out and browse one of these:
Barker, J. Craig. International law and international relations.(2002)
Boczek, Boleslaw A. International law : a dictionary .(2005)
Cassese, Antonio. International law (2005)
Joyner Christopher C. International law in the 21st century : rules for global governance
Scott, Shirley V. ed. International law and politics: key documents (2006)
Wilson, George Grafton. International Law (2005)
1030 - 1055 am Role-playing exercise on current HR violations.
Guidelines for Exercise and Report on a Human Rights (HR) Violation Situation
1. Students are to assume roles as HR investigators and opinion leaders (see Phase #1 above).
2. Divide into groups, discuss selected HR violation situations (below) and decide on the three most in need of investigation. Cite a specific case or victim if possible. Each group is to turn in their lists at the end of the period and summarise them on the whiteboard or document projector for class comparison and discussion.
3. Each student is then to choose one HR situation or case to research and report on in writing.
4. Reports are to be done in 12 pt Times font, 1 1/2 spaced, about 650 words of text long, with a title page with title, abstract, name, and date, and supported by five sources, formally footnoted and listed in a Bibliography. Chicago footnoting style is preferred. Use of essay format with section titles (such as those below)is encouraged. Numbering and sub-numbering of sections (e.g. Law or Sociology style) and in-text source referencing are discouraged.
5. Suggested format for section titles: (a short paragraph on each, but more on the final two sections).
o Whose HRs are being violated?
o Which rights are being violated? (refer to the UDHR or other HR treaty)
o Which government(s) is (are) responsible, directly...or indirectly?
o Why is this violation of international rather than just local significance?
o What remedial action(s) do you propose? (refer to the 10 Phases on p. 2 of this Syllabus)
o Who should initiate action, and what kind of action, to achieve the remedy you want?
o What difficulties or obstacles might the actor or the action face?
6. Reports are to be turned in at class the following week, in class. No cover sheet, no plastic, no folding.
A partial inventory of HR violation situations you may discuss and choose cases from
• Any indigenous group or ethnic minority in any country, e.g. Maori, Aborigines, Inuit, Suomi, Roma, Rohingya, African-Americans, Native-Americans, Amer-Indians, Serbs in Bosnia or Kosovo, Tamils in Sri Lanka.
• Any Jewish, Muslim, Buddhist, Christian, Hazara, Bahai, or other religious minority.
• Any politically oppressed group or population, e.g. in Zimbabwe or Fiji or in a communist or authoritarian state
• Palestinians, Kashmiris, South Ossetians or other occupied or surrounded populations
• Victims of terrorism e.g. Israelis, Afghans, Baghdadis, Indians, Sri Lankans or Indonesians.
• Victims of discrimination such as gays, AIDS sufferers, elderly, physically or mentally disabled and their caregivers, the comatose, women, children, younger siblings, unborn children, uneducated, poor, homeless, ugly and untalented, whistle-blowers, social misfits, prisoners, immigrants.
• Involuntary migrants resulting from natural or man-made disaster, or smuggled or trafficked or enslaved persons.
• Soldiers: wounded, captive, deserted, or charged with war crimes while on duty
• Victims of abduction (Australia’s stolen generation, British child migrants), forced marriage, honour killing, or religious ritual, servitude or indoctrination, mutilation, clothing requirements or prohibitions (hejab, burqa, turbans).
• Migrant workers or bonded or redundant workers abroad or Asian fishing crew in NZ waters.
• Insurgents, mutineers, revolutionaries, freedom fighters, Guantanamo detainees, or criminal prisoners.
• Heads of state and government officials e.g. presidents of Sudan, Zimbabwe, Syria, Israel, or USA.
• Owners of intellectual property, real property, or business; media owners and professionals; Google-users in China.
• The freedom, security or dignity of you or your family or your identity group.
For an inventory of issues and countries see http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper
Week 2 Tuesday 4 August. Student oral reports. Exercise report due in class.
1st lecture topic. The politics of human rights in the United Nations Charter.
Discussion questions: 1) Why was the United States both the facilitator and the restrainer of the development of the UN 1940-1945, particularly with regard to human rights protections? 2) What role did New Zealand along with small states and NGOs play in tilting the Realism of the draft UN Charter towards a Liberal-Internationalist (or Idealist) direction? 3) Show how, and why, a fundamental contradiction is embedded in the UN Charter, with particular reference to its protections of human rights.
READINGS: Haas pp. 73-76; Lauren pp 160-204; Murphy Ch 3; Normand Ch 3 & 4. See The Charter of the UN at REF 341.232 G65 Intro & Ch 1 & pp 370-380 on Art 55. On NZ role see NZ as an International Citizen (1995) Chapter II and Hoadley NZ US Relations (2000) Chapter 7. On US role see Ruth Russell, History of the UN Charter (1958). Consult website www.un.org
2nd lecture topic. United States disputes with the UN (over human rights among many other issues), 1944-present.
Discussion questions: 1) Why have many US political leaders been uneasy with the UN since its conception and why, then, does the US remain active in the UN? 2) Why did the US refuse to pay UN dues and withdraw from the ILO, UNESCO, and UNIDO and the Human Rights Council? 3) Are the policies of the Trump Administration towards the UN fundamentally different from those of prior US Administrations? Discuss.
READINGS: W2 sample oral Clinton&UN Pierce.08.ppt US & UN 750 outline.05.doc Haas Ch 11; Lauren pp 165-174 & 184-204; Buerg Ch 7; book Charter of the UN at REF 341.232 G65 esp. index entries for United States; Normand Ch 7. See books by Gary Ostrower, UN and US (1998) and Stewart Patrick, Multilateralism and US Foreign Policy (2002) and Tony Evans, US Hegemony....(1996). Also RB Ripley, US Foreign Policy after Cold War,(1997), Ch 11 on HR; Moravscik chapter in S Patrick, Multilateralism & US Foreign Policy (2002); Julie Mertus, Bait and Switch: Human Rights and US Foreign Policy (2004). US policy on HR is found at http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper. See Hoadley’s analysis ‘The US and the UN in the Bush Era’ in Files W2. US scepticism is expressed by John Bolton in Brett D. Schaffer ed ConUNdrum: Limits of UN... (2009).
Week 3 11 August Student oral reports.
1st lecture topic. The drafting and adoption of the Universal Declaration of Human Rights.
Discussion questions: 1) Show that the drafting of the UDHR was a political debate as much as it was a philosophical deliberation, resulting in ingenious ambiguities, compromises and contradictions. 2) Defend the UDHR against the charge that it is only a Western manifesto without universality. In your answer discuss the Asian values, Muslim, post-colonial, Marxist, and feminist critiques and the 1993 Vienna Declaration compromise. 3) With regard to critiques by Bentham, Arendt, Schmitt and Chandler [in Goodhart (ed) Ch 7] and the distinction between human rights and civil liberties, make a case that 'rights and liberties discourse' can be useful even if not 'universal'.
READINGS: W3 - HR as Western.pdf W3 sample oral indigenous rights .08.ppt W3 sample oral UDHR .08.ppt NZH pp 13, 45-46, 109-13. Roger Normand Human Rights at the UN (2008) e-resource Ch 5-6 on UDHR, also Ch 9 on right to development and pp. 272-7 on indigenous peoples; Goodhart Ch 7, Lauren Ch 5-7 & pp 299-303; Buerg pp 21-38; R & M pp.26-29. Johannes Morsink, The Universal Declaration of Human Rights: origins, drafting and intent (1999). Also AH Robertson’s Human Rights in the World (1996) especially pp. 26-29; and Evans Ch 4 (above) on Muslim & Asian values. Search Google: keyword UDHR.
2nd lecture topic. The drafting and adoption of the International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocols, the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and other international agreements on human rights: ICERD, CEDAW, ICPROC, CAT, CMW. The US approach to international human rights agreements and the use of RUDDOS by US and other governments.
Discussion questions: 1) Show why and how the ICCPR and ICESCR and subsequent HR treaties emerged separately from the UDHR, then propose one or more additional convention that you think are necessary (e.g. indigenous peoples’ rights, grey rights, student rights, LGBT rights, parents’ rights, hijab or turban wearers’ rights, climate change sufferers’ rights, or rights to development) and the necessary steps to their adoption (see Ten Steps p. 2 above). 2) Make a case that the sceptical posture of the US towards international human rights agreements and US alleged abuse of reservations, understandings, declarations, derogations, objections and statements (RUDDOS) and non-ratification actually facilitate human rights protections.
READINGS: NZH pp. 47-57, skim Ch 9, 10, 11, 14, 15 and Section Three texts; Goodhart Ch 14; Haas Ch 5 & 6. Lauren Ch 8 to p 257; Buerg pp 38-78 & skim Ch 3-5; R & M pp. 30-36, 274-281. AH Robertson’s Human Rights in the World (1996) and R Normand Human Rights and the UN (2008) Ch 7. Consult Encyclopedia of Human Rights Issues REF 323.03 L28; Voyager keyword International Human Rights. Find thoughtful article on ICESC by Paul Hunt at www.waikato.ac.nz/law/wlr/1993/article6-hunt. Search Google and Voyager under Indigenous Peoples Rights and Declaration of the Rights of Indigenous Persons. See Bard A. Andreassen, ed., Development as a Human Right (2006). For RUDDOS by USA [or any other state e.g. NZ] see http://www.bayefsky.com/bystate.php. and click on USA, then on a particular treaty, e.g. CRC.
Week 4 18 August Student oral reports. Book reviews due.
1st lecture topic. United Nations human rights institutions. Charter bodies and treaty bodies.
- Discussion questions: 1) What are the human rights functions and procedures of the HRCOM and the other treaty bodies, and how have they enhanced the protection of individual human rights despite their limitations? 2) Debate the validity of the US criticisms of the Commission on Human Rights (CHR) and its replacement, the Human Rights Council (HRC). 3) In what respects has the High Commissioner for Human Rights been politically controversial?
READINGS: W4 - UN HR institutions.08.pdf NZH Ch 3 and 4 and esp diagram p. 26; Haas Ch 9 & 10; Lauren pp 257-280; Buerg pp 78-101; John F. Murphy Evolving Dimensions of IL (2010) pp 226-233 on OHCHR, pp 57-65 on HRC; Normand pp 336-339; Alston pp 6-7 skim Ch 2-8, 16; Alston2 skim. Consult http://www.ohchr.org/EN/HRbodies/Pages/HumanRightsBodies.aspx. See Rhona K.M.Smith Textbook on Int’l Human Rights (2003) Ch 5 & 10; PJ Flood Effectiveness of UN HR Institutions. Ch 3, Ch 8; Julie Mertus, The UN and Human Rights (2005 or 2009 edition), Ch2 on OHCHR, Ch3 on HRC, Ch4 on HRCOM; Mary Robinson, A Voice for Human Rights, pp. 209-248 & Appendix 2; M O’Flaherty, HR and the UN (Law KC 405 OFL); and a review of institutions and special procedures responding to HR violations in Burns H Weston ed The Future of International Human Rights (1999). A specialist book is Defining Civil and Political Rights: the Jurisprudence of the United Nations Human Rights Committee by Alex Conte et al. 2004. A comprehensive source of reports by the committees of the treaty bodies on each state [US, NZ, etc] may be found at http://www.bayefsky.com/bystate.php. Consult websites www.unchr.ch. and www.unhchr.ch. Succinct fact sheets on how the ICCPR Committee on Human Rights works is available at http://www.ohchr.org/Documents/Publications/FactSheet15rev.1en.pdf and http://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIndex.aspx See also B G Ramcharan’s book on the U N Human Rights Council (2011). Kirsten A Young’s Law and Process of the UN HRC (2002) good on evolution of HRC procedure. Further discussion of remedies is available in Gerd Oberleitner, Global Human Rights Institutions (2007), Ch 4; and J. Symonides, ed., Human rights: International Protection, Monitoring, Enforcement (2003), Ch 1. A sceptical view is found in Brett D. Schaefer ed Conundrum: Limits of UN...(2009) esp Ch 5 on ‘Human Wrongs’.
2nd lecture topic. Human rights NGOs and links to the UN.
- Discussion questions: 1) What can NGOs do, and not do, to enhance human rights? 2) Show why putting faith in NGOs in lieu of governments as protectors of human rights might be tempting but ultimately unwise and ineffective. 3) Rebut the assertion of Q 2).
READINGS: W4 - sample oral NGOs and UN.ppt NZH Ch 7 & p. 44; Goodhart Ch 9; Buerg Ch 8; follow Lauren index to “non-governmental organizations”; Amnesty International website www.io.org/amnesty ; Human Rights Watch website www.hrw.org. Also see https://www.opensocietyfoundations.org/issues/rights-justice.
See books by Paul J. Nelson New rights Advocacy: Changing Strategies of HR NGOs (2008); Philip Alston, ed, Non-state actors and human rights (2005); J. Symonides, ed., Human rights: International Protection, Monitoring, Enforcement (2003), Ch 12, Helmut Anheier, ed., Global Civil Society (2001); Sudipta Kaviraj ed Global Civil Society (2001); Margaret Keck & K Sikkink Activists Beyond Borders (1998) and Claude Welch, NGOs and Human Rights (2001), and P.J.Simmons article in Foreign Policy (Fall 1998). For critical views see: Mutua in Welch above; The Economist (Jan 29, 2000), p. 25-27; Foreign Policy (March 2002); International Security Vol 27 2002, pp. 5-39; Chinkin in Michael Byers, ed.The Role of Law in International Politics (2000) and Alan Boyle and Christine Chinkin, The Making of International Law (2007), Ch 2. Also a critical view by Monika Krause, The Good Project: Humanitarian Relief NGOs (2014) Ch 6 on human rights.
Week 5 25 August Student oral reports.
1st lecture topic. Immigration and rights of migrants.
Discussion questions: 1) Show that the human rights enjoyed by an immigrant, a migrant worker, and an illegal migrant are quite distinct, but that they enjoy some rights in common. 2) How has the rise of anti-immigration parties and policies in Europe had adverse consequences for the human rights of migrants? OR answer this question with regard to another region or state of your choice, such as the US. 3) Discuss how statelessness relates to human rights protections, with examples of international agreements and policy recommendations.
READINGS: W5 - Hoadley on irreg migration.06.pdf W5- sample oral Migrants Rights .08.pptx W5 - PPT People Smug & Traff Tamara ed Stephen.08.ppt NZH pp. 43, 54, 87. Goodhart Ch 13. For UNHCHR views on migrants and human rights see http://www.ohchr.org/english/issues/migration/taskforce/index.htm.
Search GOOGLE and GOOGLE SCHOLAR with key phrases ‘Immigration and Human Rights’ and ‘Human Rights and Immigration’ and ‘Guest workers’ and ‘Irregular (or Illegal or Undocumented) Migration’.
‘Living in the Shadows: A primer on the human rights of migrants’ at http://web.amnesty.org. Also see ‘International Migration and Human Rights’ at http://www.gcim.org.
See also The UNHCR and world politics: a perilous path by Gil Loescher.Loescher (2001) 362.8756 L82 and E-version, and Wouter van der Brug ed. The Politicisation of Migration (2015).
2nd lecture topic. Refugees and asylum seekers.
Discussion questions: 1) Show how, despite the requirements of the Refugee Convention and UNHCR protocols, states retain considerable discretion in dealing with a) refugees and b) asylum-seekers. 2) Defend the Government of Australia’s detention or deflection of overstayers and “undocumented arrivals” as legal, humane, and politically prudent despite the protest of Australian human rights advocates. 3) With reference to the rights, and remedies, of asylum-seekers, or ‘boat-people’, in NZ, and the political context, debate whether Ahmad Zaoui (or another applicant of your choice) was treated appropriately. 4) Is the Refugee Convention a human rights treaty? Discuss the link between refugee rights and human rights.
CONSULT: Files W5 - Asylum, Detention in Australia by Hoadley.02.doc and ISSUES Ch 4; Goodhart Ch 13.
On the human rights of refugees see comprehensive analysis by Brian Gorlick at www.unhcr.org
Also try www1.umn.edu/humanrts and HR NGO websites.
Use search word “refugees” or “asylum” to find UNHCR, IOM, and NGO commentaries.
Books critical of Australian Government policies include Don McMaster, Asylum Seekers; Peter Mares, Borderline; and David Marr, Dark Victory (on the Tampa affair); and Jane McAdam Refugees (2014). Borrow from Hoadley.
Useful websites on Australia and NZ include:
www.minister.immi.gov.au [for official rationale]
http://www.hreoc.gov.au/ [critique of ‘Pacific solution’]
http://www.immigration.govt.nz
http://www.refugee.org.nz/council.htm
http://www.supportfind.com/rcnz/
Week 6 1 September . Student oral reports.
1st lecture topic People Smuggling and Human Trafficking
Discussion questions: 1) Show why it is not only ignorant but also pernicious to conflate people smuggling and people trafficking, then speculate why this is often done anyway. 2) Distinguishing between the two, discuss how governments can minimise human rights violations when curbing people smuggling and human trafficking.
READINGS: Files W6 - People Smuggling and Trafficking Australia SH .08.ppt NZH Ch 12 W6 - sample oral Smuggling and Trafficking 2014.pptx Get a gripping movie ‘Human Trafficking’ on DVD from any video shop. More sources include the following:
Goodhart Ch 15 and ISSUES Ch 6 (from list above)
Martin, Susan. International Migraton. (2015), Ch 5 on Trafficking in Persons & Ch 6 on Security.
Chong, Natividad Gutierrez and J.B.Clark, eds, Human Trafficking (2016)
Foot, Kirsten. Collaborating Against Human Trafficking (2016)
Hoang, K. K. ed Human Trafficking Reconsidered (2014)
Holmes, Leslie ed. Trafficking and human rights : European and Asia-Pacific perspectives (2010)
Kyle, David ed. Global Human Smuggling (Johns Hopkins UP 2001)
Bhattacharyya, Gargi. Traffic: The Illicit Movement of People and Things (2005).
Stoecker, Sally. Human Traffic and Transnational Crime (2005).
US State Department annual reports on human trafficking are available at www.state.gov.
OSCE Report on Combating Trafficking in South East Europe may be found at http://www.osce.org/documents/pdf_documents/2004/07/15241-1.pdf.
2nd lecture topic Modern Slavery and the Rights of Women and Children
Discussion questions: 1) What new international agreements and national policies are needed to curb modern slavery and why aren’t they already in effect? Answer with regard to EITHER a) child soldiers OR b) NZ-chartered fishing boats from Asia OR c) another slavery situation.
READINGS: Files W6 - sample oral Modern Slavery.08.ppt NZH pp. 11, 16, 20, 55. 5 & 98-115. ISSUES Ch 5 & 6 & 9. See NZH pp. 82-93 on the rights of women and children and also the CEDAW and CRC conventions. Goodhart Ch 12 & 2. GOOGLE search with key phrases ‘modern slavery’ and ‘child soldiers’. Consult websites of human rights NGOs e.g. Free the Slaves http://www.freetheslaves.net On child soldiers see DVD movie ‘Blood Diamond’.
Mid-semester and 750 break. Class meets on 25 August and 15 September but not on 2 or 8 September.
Week 7 22 September . Student oral reports.
1st lecture topic. Evolution of laws in war jus in bello. Dunant and ICRC. Hague and Geneva Conventions. The Nuremburg Trials and Principles. The Geneva protocols. Current status of law of armed combat [LOAC] and war crimes.
Discussion questions: 1) By noting the political debates and compromises in the evolution of the laws of armed combat, show that the Geneva Conventions and their two Additional Protocols are political documents. 2) What rights in war situations do civilians and persons in occupied territories have, e.g. the West Bank, and why is the answer not so straightforward? 3) Is use or possession of WMDs a war crime? Answer with regard to the human rights principles and instruments enunciated by the International Court of Justice 1996 advisory opinion on the legal status of nuclear weapons. [ Consult: http://www.icj-cij.org/icjwww/decisions and ASIL analysis at http://www.asil.org/insights/insight6] 4) Is aerial or artillery bombardment conducted by sovereign governments a war crime? Discuss the international political debate on this issue, making mention of London, Hiroshima, Dresden, Kosovo, US-Afghanistan/Pakistan drone attacks, Israeli intervention in Gaza, Palestinian rockets, Assad’s shelling of Syrian cities, or some combination of these controversial bombings.
READINGS: W7 - Declarations of Principles on Aerial Bombardment .doc W7 - sample oral Laws of War 2008.ppt W7 - sample oral on Geneva IV Law of Occupation.08.ppt NZH Ch 13; Haas Ch 7; Buerg pp 270-272; Voyager and Google keywords War Crimes, International Humanitarian Law and Law of War. On web consult: www.icrc.org; www.asil.org; www.hrw.org and www.crimesofwar.org
Axinn, Sidney. A Moral Military (2009)
Benvenisti, Eyal. The International Law of Occupation. (Princeton: Princeton U.P., 1993).
Biggar, Nigel. In Defence of War (2013).
Brahimi, Alia. Jihad and Just War in the War on Terror (2010)
Chuter, David. War crimes : confronting atrocity in the modern world (2003).
Coker, Chris. Ethics and War in 21st Century (2008)
Frowe, Helen. The Ethics of War and Peace (2011)
Frowe, Helen. Why we Fight: Ethics in War (2014)
Galliott, Jai. Military Robots: Mapping the Moral Landscape (2015) especially the chapter on principles of just war (ius in bello)
Greville, Brigadier P. J. ‘Why Australia Should Not Ratify the New Law of War’. Canberra: ANU Strategic and Defence Studies Centre, Jan 1989. Borrow from Hoadley.
Malone, Linda. International Law. (Larchmont: Emanuel Law Outlines, 1995).
May, Larry. War crimes and just war (2006)
Nabulsi, Karma. Traditions of War: Occupation, Resistance, and the Law. (Oxford U.P., 1999).
Rhodes, Bill. An Introduction to Military Ethics (2009). Ch 5.
Sassoli, Marco. How Does Law Protect in War? (Geneva: ICRC, 1999).
Slim, Hugo. Killing Civilians: Method, Madness and Morality in War (2007).
Tanaka, Yuki ed. Bombing Civilians: A Twentieth Century History (2009) esp ch on intl. law.
Watkins John C. War crimes and war crime trials: from Leipzig to the ICC and beyond (2006).
Wilson, Heather A. International Law and the Use of Force by National Liberation Movements (1988)
Optional 2nd topic. The Nuremburg and Tokyo trials, precedents, and principles.
Discussion questions: 1) On what authority and legal principles was the Nuremberg tribunal instituted, what did it accomplish in human rights protection, and why is it still controversial? 2) Answer 1 with regard to the Tokyo trials. 3) Should aged Nazi and Japanese war criminals be prosecuted today?
CONSULT: http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/nuremberg. and http://www.pbs.org/wgbh/amex/macarthur/peopleevents/pandeAMEX101.
Cooper, Belinda editor. War crimes : the legacy of Nuremberg
Taylor, Telford. Nuremberg and Vietnam (NY: Bantam, 1971).
Sands, Philippe. From Nuremberg to The Hague : The Future of Int’l Criminal Justice (2003)
Week 8 29 September. Student oral reports.
1st lecture topic: the ICTY and ICTR
Discussion questions: 1) Defend the setting up of the ICTY in the face of its political compromises, delays, and costs. 2) Defend the setting up of the ICTR in the face of its political compromises, delays, and costs. 3) Debate whether international human rights have been enhanced by the ICTY and ICTR or if they have, it still wasn’t worth the trouble and cost.
READINGS: W8 - International Tribunals outline 2017.doc W8 - sample oral on ICTR.08.ppt NZH pp 100-101; Haas pp. 222-224; Buerg pp 270-272; browse Coalition for International Justice www.cij.org; www.icty.org. and www.ictr.org.
Further reading:
Armata, Judith. Twilight of Impunity: The War Crimes Trial of Slobodan Milosevic (2010).
Meernik, James. International Tribunals and Human Security (2016)
Askin, Kelly Dawn. War crimes against women : prosecution in international war crimes tribunals. 1997.
Birdsall, Andrea. The International Politics of Judicial Intervention (2009).
Durham, Helen ed The Changing Face of Conflict and the Efficacy of International Humanitarian Law (1999), especially the chapters by Triggs, Durham, and Skillen.
Ferencz, Benjamin. “A Prosecutor’s Personal Account: From Nuremberg to Rome”, J Intl Affairs (Spring 1999).
Forsyth, David. Human Rights in International Affairs. (Cambridge UP, 2000). Ch 4
Hagan, John. Justice in the Balkans.
Jones, John R W D The Practice of the ICTFY (Yugoslavia) and Rwanda (2000)
‘Judging Genocide’, The Economist (16 June 2001)
Kerr, Rachel. The International Criminal Tribunal for the Former Yugoslavia : An Exercise in Law Politics and Diplomacy (2004) E-book; access from Voyager by hyperlink.
Roht-Arriaza, Naomi. “Institutions of International Justice”, J Intl Affairs (Spring 1999).
Romano, Cesare P.R. ed Internationalised Criminal Courts (2004)
Schabas, Wm A Slobodan Milosevic on Trial (Continuum, 2002)
Schabas, Wm A. ed Truth Commissions and Courts (2004)
Sheffer, David J. All the Missing Souls: A Personal History of the War Crimes Tribunals (2012).
Yugoslav and Rwanda courts websites: www.icty.org and www.ictr.org
2nd lecture topic. Hybrid courts: Sierra Leone, Cambodia, East Timor, Lebanon.
Discussion questions: 1) In what respects was the creation and conduct of the Special Court for Sierra Leone an improvement over the ICTY/ICTR model and a useful precedent for the future? 2) Answer this question for the Cambodia court, the East Timor court, the Lebanon court, or other hybrid national court. 3) Speculate on what other grave HR violation requires a new national court, who should set it up, on what principles and authority, and what are the political requirements and obstacles?
READINGS (in addition to those above):
W8 - sample oral on the Cambodia court 2008.ppt
Haas pp. 224-226.
For survey of war crimes issues see The Economist March 9th 2006.
Meernik, James. International Tribunals and Human Security (2016)
Birdsall, Andrea. The International Politics of Judicial Intervention (2009)
Coalition for International Justice update on several courts www.cij.org
Schabas (2004) cited above, on Sierra Leone. Also movie ‘Blood Diamond’ in AV Library.
Sheffer, David J. All the Missing Souls: A Personal History of the War Crimes Tribunals (2012).
Fawthorp, Tom. Getting Away with Genocide: Elusive Justice and the Khmer Rouge Tribunal.
Sands, Philippe. From Nuremberg to The Hague : The Future of Int’l Criminal Justice (2003)
Week 9 6 October. Student oral reports
1st lecture topic. The International Criminal Court.
Discussion questions: 1) Show how the Statue of Rome was shaped by a series of political compromises, then assess it EITHER favourably OR unfavourably with respect to human rights enhancement. (avoid overlap with Q 4. 2) Taking Washington’s point of view initially, debate the legality, political rationale, feasibility and consequences of US policy towards the ICC. 3) Rebut, with facts, the charge that the ICC infringes the authority of the UN, the sovereignty of UN member and non-member states, and the prerogatives of other courts and tribunals. 4) Assess the accomplishments of the ICC so far, and in prospect, from an international peace and human rights enhancement perspective.
CONSULT WEBSITES: Google-search and Voyager search keyword International Criminal Court and ICC...numerous books and articles are available. Consult www.un.org/law/icc. and MFAT websites. US State Dept Fact Sheet on ICC (any recent year) www.state.gov/t/pm/rls/fs/2002/23426. ; Article 98 agreements 2005 www.state.gov/t/pm/art98. ; FAC 2003 www.state.gov/t/pm/rls/fs/23428.htm.
Coalition of the ICC at www.iccnow.org.
Human Rights First (formerly LCHR) page on ICC www.humanrightsfirst.org/international_justice/icc/icc.
Human Rights Watch page on ICC at http://www.hrw.org/campaigns/icc.
ICC official documents website at http://www.un.org/law/icc/index.html.
Recommended site: http://www.leitnercenter.org/files/International%20Criminal%20Tribunals_Reduced.pdf.
READINGS: W9 - Hoadley lecture outline on ICC 2014.doc NZH pp. 39-40, 54, 101; Haas pp 226-228.
Meernik, James. International Tribunals and Human Security (2016)
Birdsall, Andrea. The International Politics of Judicial Intervention (2009)
Broomhal, Bruce. International Justice and the ICC: Between Sovereignty and the Rule of Law (2004)
Cerone, John P. ‘Dynamic Equilibrium: The Evolution of US Attitudes toward International Criminal Courts and Tribunals’ European J Int’l Law Vol 18 no 2, 2007.
Driscoll, Wm ed The ICC: Global Politics and the Quest for Justice (2004)
Ellis Mark S. and Richard J. Goldstone, editors. The International Criminal Court (2008).
Glasius, Marlies. The ICC: A Global Civil Society Achievement (2006)
McGoldrick, Dominic et al eds. The Permanent ICC: Legal and Policy Issues (2004).
Paris, Erna. The sun climbs slow : the International Criminal Court and the search for justice (2009)
Sands, Philippe. From Nuremberg to The Hague : The Future of International Criminal Justice (2003)
Sheffer, David J. All the Missing Souls: A Personal History of the War Crimes Tribunals (2012).
Sewel, Sara. The US and the ICC (2000)
Shabas, Wm. A. An Introduction to the ICC (2nd ed 2004)
Triffterer, Otto ed. Commentary on the Rome Statute of the ICC article by article (2008):
Week 10 13 October . Student oral reports
1st lecture topic. Just War and the laws of war. War and the UN Charter.
Discussion questions: 1) Discuss how the concepts of ‘just war’ and ‘human rights’ can be related in the abstract but divergent in practice. 2) Assess the UN Charter’s limits and ambiguities regarding the authorisation of armed force for humanitarian or human rights purposes and argue that the prerogatives and responsibilities of member states remain unimpaired by, and at times superior to, the Charter. [Hint see Article 2 (4) and 2(7), but also Art 1 and 55.]
READINGS: Haas pp 167-169; Murphy Ch 2; Buerg Ch 6 to p 270; Google keywords Just War; War
CONSULT: http://www.utm.edu/research/iep/j/justwar.htm.
Baker, Deane-Peter, ed., Key Concepts in Military Ethics (2015)
Biggar, Nigel. In Defence of War (2013)
Brahimi, Alia. Jihad and Just War in the War on Terror (2010)
Burkhardt, Todd. Just War and Human Rights: Fighting with Right Intention (2017)
Corten, Olivier. The Law Against War (2010) Law library.
Downer, Nigel. The Ethics of War and Peace (2009).
Finlay, Christopher. Is Just War Possible? (2019).
Fisher, David. Morality and War: Can War be Just in the 21st Century? (2011)
Frowe, Helen. The Ethics of War and Peace (2011)
Guthrie, Charles. Just War Tradition: Ethics in Modern Warfare (2007).
Johnson, James Turner. The War to Oust Saddam Hussein: Just War & New Face of Conflict (2005).
Orend, Brian. The Morality of War. (2nd ed 2013)
Regan, Richard J. Just War: Principles and Causes (Catholic UP 1996).
Rhodes, Bill. An Introduction to Military Ethics (2009). Ch 2, 4.
Tripodi, Paolo ed. New Wars and New Soldiers: Military Ethics.... (2011), Ch 1, 2, 3.
Walzer, Michael. Arguing about War (Yale UP 2004).
White, Craig M. Iraq, The Moral Reckoning: Applying Just War Theory (2010).
For an alternative perspective: Ping-cheung Lo, ed. Chinese Just War Ethics (2015).
2nd lecture topic. Motives and politics of Humanitarian Intervention (HI).
Discussion questions: 1) Debate whether a viable doctrine of armed humanitarian intervention exists yet. 2) Discuss critically whether the formulation of The Responsibility to Protect is only an elaboration of ‘just war theory’ and little substantial improvement over it, then speculate on why it has enjoyed popularity among commentators but is avoided by political leaders. 3) Should the UN or a ‘coalition of the willing’ intervene in Chechnya, Tibet, the West Bank, West Papua, Fiji, Congo, Zimbabwe, Sudan, Sri Lanka, North Korea, Syria or Venezuela or anywhere that human rights, civil liberties or democracy are under severe stress? Discuss goals, means, and constraints in one or more cases. (Hint: use the criteria of necessity, legality, legitimacy, and feasibility.)
READINGS: Goodhart Ch 16 & 17; Haas pp 165-167; Murphy Ch 1, 4, 5, 6, 7, 8 & pp 116-144; Ch VII; ISSUES Ch 2 & 11 & 12. Google and Voyager keyword Humanitarian Intervention. CSS:NZ Strategic Briefing Paper on HI at http://www.vuw.ac.nz/css; Journal of Humanitarian Intervention www.jha.ac; International Commission on Intervention and State Sovereignty (ICISS) The Responsibility to Protect at www.idrc.ca. Summary chapter by Steven Haines ‘Humanitarian Intervention...' W10 - Haines on humanitarian intervention 2010.pdf W10 - sample oral on Humanitarian Intervention in Burma 2008.ppt W10 - sample oral on R2P in Sudan 2010.ppt
Selected books and articles (in addition to those listed above):
Alston, Philip ed. Human rights, intervention and the use of force (2008)
Bellamy, Alex J. ‘Responsibility to Protect or Trojan Horse? Crisis in Darfur and Humanitarian Intervention After Iraq’ Ethics and International Affairs, Vol 19, No. 2, 2005.
Bellamy, Alex J. Global Politics and the Responsibility to Protect (2011).Coady, C.A.J. The Ethics of Armed Humanitarian Intervention (2002) at www.usip.org
Davis, Michael et al eds, International Intervention in the Post-Cold War World (2004).
Finnemore, Martha. The Purpose of Intervention: Changing Beliefs about the Use of Force ( 2003).
Fisher, David. Morality and War: Can War be Just in the 21st Century? (2011), Chapter 11.
Foley, Conor. Thin Blue Line: How Humanitarianism Went to War (2008) see country case studies.
Gibbs, David N. First Do No Harm: Humanitarian Intervention and Destruction of Yugoslavia (2009)
Glanville, Luke. Sovereignty and the Responsibility to Protect: A New History (2014)
Holzgrefe, J L & RO Keohane, eds. Humanitarian Intervention: Ethical, Legal and Political Dilemmas (2003).
Jenkins, Simon. Mission Accomplished? The Crisis of International Intervention (2015)
Kivimaki, Timo. The Failure to Protect. the Path to and Consequences of Humanitarian Intervention (2019). eBook.
Lang, Anthony ed. Just Intervention (Georgetown UP, 2003).
May, Larry. War crimes and just war (2006).
MacQueen, Norrie. Humanitarian Intervention and the UN (2011) Useful case study chapters.
Mani, Rama & Thomas Weiss, eds, Responsibility to Protect (2011). Cases on Rwanda, Kosovo, Nepal.
Murphy, Ray. Ed. Peace Operations and Human Rights (2008). LAW library. On Kosovo. Wills essay on R2P.
Oxford, Anne. International Authority and the Responsibility to Protect (Cambridge UP, 2011).
Sampford, Charles ed. Responsibility to Protect and Sovereignty (2013)
Sidahmed, Abdel Salam et al The Responsibility to Protect in Darfur: Role of Mass Media (2010)
Silander, Daniel & Don Wallace, eds. International Organisations and the Implementation of the Responsibility to Protect: The Humanitarian Crisis in Syria ( 2015)
Snow, Donald. The jCase Against Military Intervenion: Why We Do It and Why It Fails (2016)
Teson, Fernando R. Humanitarian Intervention: An Enquiry into Law and Morality (1997).
Thakur, Ramesh & Wm Maley, eds, Theorising the Responsibility to Protect (CUP: 2015)
Tripodi, Paolo ed. New Wars and New Soldiers: Military Ethics.... (2011), Ch 4, 5.
Vik, Cathinka. Moral Responsibility, Statecraft and HI: Rwanda, Darfur, Libya (2015).
Weiss, Thomas. Military-Civilian Interactions:Humanitarian Intervention and Responsibility to Protect (2005).
Welch, Jennifer, ed. Humanitarian Intervention and International Relations (Oxford 2004).
Williams, Paul. ‘The Responsibility to Protect and the Crisis in Darfur’, Security Dialogue Vol 36 No 1 2005.
Essay due Friday 16 October 2 pm
Week 11 20 October Student oral reports.
1st lecture topic. Counter-terrorism and civil liberties in international and national context.
Discussion questions: 1) Debate whether the counter-terrorism resolutions and institutional initiatives of the UN Security Council are compatible with international human rights treaties, taking into account the adverse actions of some member governments. 2) Argue that the US government [or another government of your choice] can conduct vigorous counter-terrorism initiatives including surveillance and at the same time protect civil liberties. 3) On what grounds did the Obama Administration continue to detain Taliban and al Qaeda suspects, interrogate them, and try them in Military Commissions, and what was the response by the Supreme Court and international HR experts? 4) Show that recent British counter-terrorism legislation and government actions have generated as much political controversy and infringed as many civil liberties as the US government. OR answer this question for France, Germany, Canada, Australia, NZ, or another government. 5) What are the rights enjoyed by captured or returned 'foreign fighters' and what restricts enjoyment of these rights?
READINGS: W11 - Hoadley lecture outline on Counter-terrorism and HR 2011.doc W11 - C-T policy in the EU by Hoadley 2008.ppt W11 - sample oral on Ethnic Profiling 2010.ppt W11 - sample oral on Preventive Detention in UK 2010.ppt W11 - US Counter-terrorism and the Supreme Court 2010.ppt NZH pp. 16. 20, 52, 168-79 on CAT. Goodhart Ch 18. Haas pp 169-172. ISSUES Ch 7 & 8. Voyager keyword and internet search word: terrorism, counter-terrorism and particular countries. Also www.state.gov. On Middle East see http://www.ict.org.il Also Amnesty International and Human Rights Watch websites. On CT and HR in NZ see http://www.arena.org.nz/ternewb.htm and government webpages. Also www.humanrightsfirst.org/us_law/loss/assessing/assessingnewnormal
For comprehensive up-to-date reports on US [and all other states’] compliance with e.g. Convention Against Torture (CAT) consult http://www.bayefsky.com/bystate.php
On US detainees see: http://www.humanrightsfirst.org/us_law/loss/assessing/assessingnewnormal.htm and http://www.unhchr.ch/huricane/huricane.nsf/NewsRoom?OpenFrameSet
Also see USG’s 2005 report to CAT replying to detainee and torture allegations at http://www.ohchr.org/english/bodies/cat/cats36
See a realist view by Michael Hoffman, ‘Rescuing the Law of War’ Parameters (Summer 2005) and a civil liberties reply by Kenneth Roth, ‘Law of War in War on Terror’. Foreign Affairs (Jan 2004).
Axinn, Sidney. A Moral Military (2009) see pp 137-9 on terrorism, Ch 10 on torture.
Bianchi, Andrea ed Enforcing International Law Norms Against Terrorism (2004) esp Ch 3, 4, 5.
Christie, Kenneth. America’s War on Terrorism (2008), esp Ch 1, 3, 6.
Conte, Alex. Counter-Terrorism and Human Rights in New Zealand (2007).
Evans, Mark ed. War, Terror, and Ethics (2008).
Frowe, Helen. The Ethics of War and Peace (2011), esp. Ch 8 & 9.
Goodheart, Michael (ed) Human Rights in 21st Century: Continuity & Change since 9/11 (2011)
McDonald, Thomas Michael. The US, International Law, and Struggle Against Terrorism (2010).
Murphy, John F. Evolving Dimensions of IL (2010), pp 216-226
Romaniuk, Peter. Multilateral Counter-Terrorism 2010. NB declarations on HR protection.
Welch, Michael. Crimes of Power and States of Impunity: US Response to Terror (2009).
Wilson, Richard Ashby, ed. Human Rights in the ‘War on Terror’ (2005) esp. Ch 7, 8, 10, 12, 16.
Week 12 27 October Completion of remaining oral reports. In-class Quiz. Review of what we have accomplished in this course.
Course summary:
| Date | Details | Due |
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