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International Law

An everyday exception

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It might not be evident at first sight, but we are, in fact, living in the most peaceful era of human history. The battles of decolonization and the two world wars having come to an end already decades ago, the world has entered an unprecedented age of geopolitical stability.

Recent terrorist strikes and counter attacks cause indeed significant human suffering, the number of fatalities caused is nevertheless incomparable to previous carnages. This positive development is in part the result of the encroachment of law into international relations, which is supposed to favor peace and concord through the proliferation and respect of treaties between nations. Legal conferences set up by organizations with universal affiliations, permanent international courts and  arbitration  forums  formalize and tighten  relationships  between  countries.  The underlying rules’ interdependency favors cooperation and dialogue over escalation.

While these tremendous efforts have been put forward to keep statespersons from mobilizing troops, experts have also proposed to expand the general trend of peacetime regulation to times of armed conflict by introducing a unique legal framework to be respected in the now less likely event of a military altercation. This is how in the beginning of the twentieth century, the development and codification of the Hague Regulations and the Geneva Conventions, substantial parts of what is nowadays known as the Laws of War, brought humanity right to the battlefield. The new legal principles, which were followed by several additional protocols, aim to apply to all forms of warfare and to all types of weapons, those of the past, the present and also those of the future. Furthermore, they do not only deal with standards of certain categories of bullets and projectiles as well as with chemical weapons, but also with the lot of the wounded in the field and at sea, the status of prisoners of war and the protection of civilians and victims.

On the one hand, perfidious combat methods and the use of outstandingly cruel weapons were banned, and civilians were put under particular protection. These changes were largely welcomed because ordnance at the time lacked precision, and fights were marked by paramount brutality on whose constraint everyone agreed upon in their own interest. Moreover, armed conflicts at the time took place mainly between countries – and not within – and were therefore well regulable: once the desired gain of territory was recorded, the war came to an end. On the other hand, the warring parties maintained their license to kill so to speak, an instrument which was explained by the very nature of armed conflicts and had already been part of customs between combatants, the goal of an armed conflict was and is to beat the adversary after all. This explicit permission to kill under certain circumstances is admittedly still today unheard-of in other legal fields, but its formal codification allowed the ratification of the Laws of War by all countries on this planet and their recognition by numerous non-State actors.

It needs to be borne in mind that the precious legal architecture thus established is one of the few fields of law where the long lasting efforts of diplomatic conferences and negotiations led to an international consensus, also between powers that had no friendly relations so far, that had been at war with each other in the past or that were going to be so in the future. It might not only have been the conviction to make a small step towards “doing the right thing” from a humanistic perspective which pushed delegations from States with at the time obviously opposing interests such as Americans, Hungarians, Russians and Japanese to adopt such universal principles. Establishing rules on how to treat the adverse party’s civilians and combatants was also perceived as a reasonable price to pay for the protection which the own population could inevitably expect to benefit from during the following armed conflicts. From the start, the initiators’ idea was never to limit the military clout of the warrying parties, but rather to prevent unnecessary suffering in an already hostile environment.

Despite juridification and humanization of combat methods, war has nonetheless remained an affair of death and cruelty. An armed conflict has continued to be been viewed as a case of extremes, and the application of the Laws of War has been strictly limited to actual times of war. Through the simultaneous consolidation of other fields of law, such as the broadening of procedural law, the extension of civil rights and the individualization of protection norms, the gap between our peacetime guaranties and the ruthlessness of wartime has steadily been deepened. Also for this reason, suspension of our protected civil lives has been only tolerated as a strict exception, which was geographically, temporally and personally limited: this means that while regular soldiers in uniform performed the necessary evil on the battlefield, the rest of the population fled or held its breath and remained passive observers, while ever vulnerable to collateral damages such as death or injury. Subsequently, life continued in peace for both sides with one side inevitably submitting to a new form of sovereignty.

The post- 9/11 “War on Terror” catalyzed by the Bush-Administration and its Western allies twisted this centuries-old exegesis of war-regulating treaties. At stake is not any more the scaling up of territorial claims, but rather the repression of insurgents, economic supremacy and exertion of cultural and geopolitical influence. While international terrorism apparently seeks to threaten us arbitrarily and infinitely, the net reaction seems to be the authorization of occidental armed forces to respond on a permanent basis. Thus, not the times of war but the times of peace would have become the exception, if any. A clear transition from peace to war and the other way around would not exist anymore.

The Western governments’ legal advisors know that the exceptional Laws of War have not been developed for their worldwide and permanent application and that their use cannot fulfill our expectations in a satisfying manner. However, since more, longer and wider-spread military action is considered to be a facile panacea, we are submerged by fear-spreading slogans which make us feel surrounded by threats and which make us overlook how our and others’ civil rights are jettisoned. This, in times where we are less likely to die of unnatural causes than ever before; in times where our well-equipped police forces and sharp witted intelligence services do their best job in history. The only goal seems to be securing discretionary Western use of weapons, even at the costs of international agreements that have been toughly negotiated throughout decades on the basis of reciprocity. While the West refers on the one side to its impressive human rights achievements and does not miss an opportunity to impose sanctions on States which lag behind in this regard, it forgets its humanistic progress when dealing with its enemies– enemies that admittedly might hold little regard or concern for humanism themselves.

In this context, targeted killings of terror suspects are presented as a modern and precise method of war that is to be taken advantage of wherever and whenever deemed useful. Yet, this contradicts the temporary and geographic limits of the Laws of War which we created ourselves and which our soldiers rely on, and it also sets us back to times where it used to be some monarch who disposed of his subjects’ and adversaries’ lives and deaths at his sole discretion and without any rule of law whatsoever. Our war against terror does not only make quick work of its enemies, it terrorizes entire areas, even in countries with which the Occident is not officially at war, such as Somalia or Yemen. Drone strikes, which are often used to carry out targeted killings and which do not expose the own military forces to noteworthy dangers, have dramatically increased during the past years. The civilian population in the Middle East and Southwestern Asia, which is unable to flee from our attacks, perceives them as arbitrary. Reports about the increasing number of civilian victims and misrouted operations neither escape the enemy fighters nor the local populations, whereby the latter was otherwise mostly receptive to Western concerns.

For instance, the local Muslim population’s support for the Islamic State corresponds to a vanishingly low  single-digit  percentage  making  the  analysts  of  a  Pew  poll  come  to  the conclusion that “Muslim publics share concerns about extremist groups.” Another survey shows that the rise of the Islamic State is even the number one concern in young Muslims’ lives. Instead of taking advantage of these unexpectedly shared values, we do not fight our enemies hand in hand with the locally affected population. Pew suggests that only about 3-5% of the Arab population approve US drone strikes compared to more than 60% of the Americans. A report published by Stanford and New York Universities says that Pakistani civilians feel “terrorized” by US drone attacks. Terrorized by the land of the free? And yet, the American citizens seem to be in denial: Less than 3 out of 10 consider themselves very concerned that US strikes could lead to retaliation from extremist groups or that they could damage America’s reputation around the world. Just after 9/11, only 7% of the Muslim population told Gallup that they considered the Twin Tower attacks to be justified, an image which changed drastically after the US “War on Terror” was initiated: already in spring 2003, Pew reported that 71% of Pakistanis and 83% of Jordanians viewed the United States “very unfavorably”.

At the same time, even the Taliban established a code of conduct for its fighters stipulating that “[t]he utmost effort should be made to avoid civilian casualties”, whereas one of their former commanders publicly condemned attacks against Afghan civilians and government officials. No other than Osama bin Laden used to underline the need to protect civilians when fighting the adversary armed forces, an opinion that was confirmed by his secret letters which were seized by the US during the Abbottabad raid.

“It is a hard fact that US strikes have resulted in civilian casualties,” former US President Barack Obama admitted, “These deaths will haunt us”, he said – before continuing to order more drone strikes than any of his predecessors. His successor Donald Trump so far even outpaced him with respect to the number of drone strikes he ordered, the first targeted killing attack under his command was carried out in Yemen at the very day of his inauguration. Ultimately, with so much occidental schizophrenia, the last bit of sympathy for us is dissipating. Who would like fight alongside with the Western world or even make peace with it if its rules are applied whenever deemed convenient for our purposes only? With rulers who pretend to wipe out terrorism by pushing a button and without taking into account the fears of about one billion Muslims living in the affected areas?

One hundred fifty years ago, the Battle of Solferino in Italy brought infinite suffering to the involved soldiers, suffering which triggered the creation of the Laws of War. It was one step towards more humanity as well as a sign of progress towards the rule of law and domestication of the military. Powerful countries with technologically advanced military forces that insist on the alleged permanent permission of the use of violence that such rules contain do not leave the impression that they are partners in good faith, in particular when it comes to conflicts where insurgents and civilians are difficult to distinguish from one another. Our weapons must be internationally connected intelligence services as well as first class equipped police forces – trumps which no terror network in this world has at its disposal. Our enemies must be extradited to our courts. After all, it was possible to condemn the mass murderers of the Nazis during a fair trial in Nuremberg. The merciless laws of armed conflict were developed for exceptional and timely limited periods during which the basic rights in times of peace, such as the right to life and physical integrity, almost disappear. The gap between our precious values and our military’s cold and indiscriminate calculation toward terrorists and innocent civilians does not honor our free and democratic society. It damages the credibility of the Occident and makes our world less safe.

International Law

Omicron and Vaccine Nationalism: How Rich Countries Have Contributed to Pandemic’s Longevity

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In a global pandemic, “Nobody is safe until everyone is safe”, – it is more of true with respect to the current globalized world system. It is said that crisis strikes the conscience and forces the ‘commonality of purpose’ on one another- and a major one in magnanimous scale. But the current Covid-19 crisis seems to have emerged in oddity with this very axiom, of course, due to self-serving, in WHO’s words- ‘self-defeating’ and ‘immoral’, approaches to dealing the pandemic by wealthy countries.

 A new and potentially more transmissible variant of Covid-19 virus, named Omicron by WHO, has been detected in South Africa. With scientists yet to be confirmed about new variant’s epicenter and its likely implication on human immune system, the emergence of Omicron has brought the long-warned case of ‘vaccine nationalism’– a phenomenon in which each nation prioritizes securing ample doses without considering impact on poor ones- to light.

Unheeded to the repeated warnings by scientists and pandemic specialists, many of the world’s richest countries had embarked on a vaccine-acquisition frenzy and hoarded jabs more than their requirements. Some countries have even gone to the extent that they had acquired up to four times what their population needed. Thereby, it has left majority of poor and developing countries, particularly those in global south, unvaccinated, with further risk of the virus being muted into more virulent variants, as in the case of Omicron.

A simple numerical data over vaccination rate across the world exposes the grotesques picture of pandemic recovery divide among the countries and immoral hoarding and hedging efforts on vaccine supplies by wealthy countries. As of now, whereas only 3% of people in low income countries have fully been vaccinated, the figure exceeds 60% in both high-income and upper-middle –income countries. In Africa, the most under-vaccinated and the epicenter of ominous Omicron, only some 7% of its 1.3 billion people are fully immunized.

Given the 9.1bn vaccines already manufactured and 12bn expected by the end of this year, the question is- why does vaccination effort remain so discriminatory and dividing across the regions? The answer, in most part, lies in the ‘pervasive economic inequity’ inherent in initial vaccine-acquisition process. With their enormous capacity to pay out, rich countries, even before pandemic took devastating hold, had pursued a ‘portfolio-approach’ in investing on vaccine development research by pharmaceutical companies- simultaneous investment on multiple ones. In exchange, those countries stroke bilateral deal with each drag company to secure enough prospective vaccine doses to inoculate their respective population several times over.

This absolutist vaccine-acquisition drive of wealthy nations had substantially thwarted the holistic approach taken up by World Health Organization(WHO) under the platform of COVAX, a vaccine sharing program. With the aim of reducing the delay in vaccine allocation to poor and developing countries, and thus ensuring vaccine equity, the multilateral platform didn’t get enough incentives from wealthy ones, since started its journey in April 2020. Both investment and acquisition by well-off countries, having bypassed the COVAX, kept them into the front of manufacturing line, thereby, contributed to the distributional injustice.

‘What starts wrong ends wrong’- initial absolutist approaches in vaccine acquisition started to be manifested in discriminatory distribution of vaccines. Thereby, an amazing scientific breakthrough, development of vaccine in record time, has been offset by awful political policy. In mid-2021, when one portion of world were almost on the track of carefree normalcy, people in bigger portion were struggling to breath. Today, problem is not in production of vaccines, as 2 billion doses of vaccines are being manufactured in every month, rather in the ‘unfairness of distribution’.

Early monopolistic exercise by G20 on acquisition and subsequent stockpile of vaccines has resulted in such galling situation that they have commandeered over 89% of vaccines already produced and over 71% of future deliveries. Consequently, the global inoculation drive, since started, is so unjust that for every vaccine delivered to the poorest countries, six times as many doses are being administered as third and booster vaccines in the richest countries. Adding further to the crisis being escalated, while more than 100 countries, for past one year, have desperately demanded emergency waiver on TRIPs related regulatory restriction on Technologies crucial to pandemic recovery, it has repeatedly been blocked by UK and EU.

Picture is not all-about gloomy with respect to vaccine collaboration but it is quite tiny to the scale of requirements. Rich countries could not deliver on the commitments they did to help poor countries immunize their population. For instance, WHO’s target of having 40% of global population vaccinated by end of this year, through COVAX, seems certainly to fall short largely due to the rich countries failing to deliver on their promise to use their surplus vaccines to immunize the under-vaccinated countries. Far from near, the G7 countries had drastically failed to deliver on their promises made on G7 summit in June. As of last week, USA has delivered only 25%, with further embarrassing arithmetic of EU only 19%, UK 11% and Canada just 5%.

Given the frightening predictions from WHO that another 5 million could be added to the already 5 million death tolls across the world, in the next year or more, it is high time starting a collective endeavor with herculean efforts to inoculate large swaths of unvaccinated people in un-protected areas. Keeping large portion out of vaccination will only make the pandemic endure with no time to end, as virus continues to persist through mutating in un-protected area into a more menacing variant. If so, then again someone else may say, after next the worst wave-We were forewarned- and yet here we are.             

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International Law

The Nuclear Weapons Ban Treaty (TPNW): Wishful daydream or historic milestone?

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The Treaty on the Prohibition of Nuclear Weapons (TPNW), adopted in 2017, has entered into force on the 22nd of January of this year and the number of ratifying states continues to grow, with Mongolia being the latest to announce its accession. This positive trend is certainly welcomed with enthusiasm by the Civil Society campaigners and growing number of supporters of this treaty that represents a huge step forward for the global movement to draw attention to the catastrophic humanitarian consequences of any use of nuclear weapons. It would certainly be dishonest to ignore the fact that this new international legal instrument remains controversial, to say the least, for most of the members of the so-called nuclear deterrence community. As preparations are ongoing for the first Meeting of States Parties, scheduled to take place in Vienna on 22-24 March 2022, it is useful to address some of the main doubts and arguments against the treaty.

In this regard, the main criticism is that it makes no sense to support a treaty on nuclear weapons if those states that possess them have not joined nor any intention to join it.  

In order to address this claim, it may be useful to recall that in the case of the Mine Ban and the Cluster Munition treaties, its main promoters and supporters were also states that did not possess those weapons, and that those international instruments also received some harsh criticism for this reason. Despite of this, there is no doubt now that both of those treaties have become remarkable success stories, not only by achieving the goal of approaching universalization, but also by consolidating a general moral condemnation of those categories of weapons. Therefore, the argument that a treaty necessarily needs to be joined by the possessors of the weapons can easily be rebutted. Despite of the current position of the nuclear weapons states, each new ratification of the treaty is not meaningless: on the contrary, it provides the treaty more authority and contributes to the growing pressure on nuclear weapons states to adopt further steps towards nuclear disarmament.

The other major contribution of the TPNW is that it facilitates the process of delegitimisation of nuclear weapons, necessary to finally amend the well-established foundations of nuclear deterrence doctrines. The humanitarian principles that are underlying the treaty are totally incompatible with those doctrines, and therefore are having an impact on them by highlighting the inherent immorality and illegitimacy of nuclear weapons.   

Another argument for the case of ratification is that it provides states the opportunity to support the process of democratization of the global debate on nuclear weapons, as this new treaty has been the result of a very open discussion with active engagement of delegations from all geographic regions and, in particular, of representatives of Civil Society. This is not a minor aspect of this process, but a key element. Indeed, unlike in negotiations of previous international legal instruments, in this era of growing complexity and interlinkages, the main challenges faced by humankind are being addressed by a diverse group of citizens, from all walks of life and regions. Traditional diplomacy is certainly not enough, and in the case of the TPNW, the positive results would clearly not have been possible without the decisive boost provided by the International Campaign to Abolish Nuclear Weapons (ICAN), which was able to mobilize Civil Society and likeminded governments towards the goal of negotiating a nuclear weapons ban treaty. 

While it would be naïve to expect the establishment of the nuclear weapons states to be convinced by the humanitarian narrative and in a foreseeable future to amend its defence and security policies base on nuclear deterrence, the TPNW and its focus on the security of the human being instead of the traditional notion of the security of the state, are already having an impact on the academic and public debates in those states.

The second argument used by its critics is that the TPNW weakens the Non-Proliferation Treaty (NPT).  Actually, this is not only incorrect, the opposite is true. In fact, the TPNW can serve as an initiative to help implement article VI of the NPT, by which parties are committed to undertake to “pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament”. This is of vital importance as the treaty clearly attaches a key role to all parties, and not only to those states that possess nuclear weapons. This commitment has also been reflected in the Final Document of the 2010 NPT Review Conference, and the TPNW can be understood as a reflection of that obligation to contribute to nuclear disarmament by non-nuclear weapons states.

Another common point is that the nuclear weapons industry is too strong and well consolidated and that it would be naïve to pretend that this treaty could actually have an impact on investment decisions.

This pessimism has also been proven wrong. In fact, in 2021, more than one hundred financial institutions are reported to have decided to stop investing in companies related to nuclear weapons production. As a result, the nuclear weapons industry is experiencing a considerable reduction and the trend towards the exclusion of this sector from investment targets is growing steadily. This is not only the consequence from the legal obligations that emanate from the TPNW but a reflection of the devaluation of the public image associated to these industries. As this public image continues to deteriorate, it is likely that this trend will continue and that the moral condemnation of these weapons of mass destruction will be absorbed into the mainstream of society.

Another common misinterpretation is that the TPNW should be understood as an instrument that is only designed to be joined exclusively by non-nuclear weapons states.

In fact, even though the treaty was developed by non-nuclear weapons states, it has been drafted and negotiated with the goal of universal adherence, including, someday, those states that still include nuclear deterrence in their national security doctrines. In particular, the TPNW establishes a clear set of steps for nuclear weapons states in order to eliminate their arsenals of nuclear weapons. Specifically, within 60 days after the entry into force of the treaty for a state party that possesses nuclear weapons, that state must submit a plan for the complete elimination of its nuclear weapons to a competent international authority that has been specially designated by states parties. The treaty also includes a process to designate a competent international authority to verify the elimination of nuclear weapons by a state before acceding to the treaty, and a process for states parties that maintain nuclear weapons in their territories for the removal of these weapons and report this action to the United Nations Secretary General.

It is also noteworthy that this treaty obliges states parties to provide adequate assistance to victims affected by the use or by testing of nuclear weapons, and to take the necessary measures for environmental rehabilitation in areas contaminated under its control. This dimension of the treaty constitutes an important contribution both to the protection of human rights of victims and to the now inescapable obligation to protect the environment, which are aspects that are not covered by the Comprehensive Nuclear Test Ban Treaty (CTBT). This certainly does not affect the value and vital role of this key instrument of the nuclear disarmament and non-proliferation regime but complements it by addressing the fundamental issue of environmental reparation.

The main challenge now is now not only to achieve a wider universality of the TPNW, but to engage more stakeholders and create awareness on the urgency of bringing pressure on the nuclear weapons states to finally move toward nuclear disarmament. In this regard, Civil Society initiatives have been promoting engagement of members of grassroots, parliament, the media and city governments, particularly in nuclear weapons states, which has had impressive results, with hundreds of local governments expressing support for the treaty and generating discussion among the population. These initiatives serve the purpose of putting pressure on politicians and especially, to facilitate a discussion within democratic societies about the sustainability and risks involved in the possession and harboring of nuclear weapons.

Indeed, the TPNW has a long way to go and overcome many obstacles to achieve its objective, but in its first year of entry into force, it has already had an undeniable impact on the nuclear disarmament and non-proliferation debate, despite the expected skeptics and efforts to ignore its existence stemming from the still powerful nuclear deterrence establishment. Most of its technical experts, academics and government officials honestly believe that nuclear weapons have helped to guarantee peace and stability to the world and therefore should continue as the foundation of international security doctrines. These well-established ideas have been based on the questionable assumption that the deployment of these weapons have avoided war and can guarantee permanent peace for all nations. This has served as a sort of dogmatic idea for many decades, but recent research results have shown that the risks involved are significantly higher and that the humanitarian consequences would be catastrophic for every citizen of the planet. The humanitarian impact paradigm, which underlies the process that has inspired the TPNW, has provoked a tectonic shift in the nuclear disarmament and non-proliferation debate, which had been limited to the NPT review conferences with its often-frustrating results. Certainly, the persistence of the different approaches needs to be addressed in a more constructive discussion among the supporters of this treaty and the deterrence community.

Finally, the fact that the first meeting of states parties of the TPNW will take place in Vienna is very meaningful as Austria has been one of the leading nations in this process, particularly in drafting the Humanitarian Pledge to fill the legal gap for the prohibition of nuclear weapons, which has been a decisive step towards the treaty that has already fulfilled that commitment. Despite of all the difficulties and the persistence of significant resistance, the active and committed participation of diplomats and Civil Society representatives, under the leadership of Austria, allow to envisage that this first meeting will help to strengthen the treaty and move forward in the long and burdensome road to the final objective of achieving a world free of nuclear weapons.

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International Law

Regional Mechanisms of Human Rights: The Way Forward: Case of South Asia

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Long debates have evolved since the 1948 UDHR as to whether human rights should always be perceived as universal, or whether they need to be regarded as contextual on regional and local cultures. If we look at  Art. 2 of the UDHR the rights apply “with no distinction given to their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. Still in spite of this, the universality has been criticized by some, who argue that by claiming human rights are universal, we ignore and undermine the cultural differences that exist between societies in different parts of the world

Historically, the first written evidence of human rights was found in the famous universal declaration in 1215 A.D., popularly known as the ‘Magna Carta’. Along with the same, there were many thinkers like Hobbes, Locke Rousseau, Milton, and Voltaire who argued in favour of  individual rights and with passage of time and the conclusion of two world wars, the United Nations Organisation came into being on 24th October 1945 that replaced the League of Nations.

Further, the Universal Declaration of Human Rights that was established in 1948 and is considered a milestone in the field of human rights whose primary aim is to protect and promote human rights. In contrast to the said aim, the critics of the UDHR label it as a Western-biased document that fails to account for the cultural norms and values which exist in the rest of the world. It is only with regard to a group of certain core rights like that are listed in the human rights treaties as ‘non-derogable rights’ or considered jus cogens such as the prohibition of the use of force, the law of genocide, the principle of racial non- discrimination, crimes against humanity, and the rules prohibiting trade in slaves and piracy that consensus among nations exist.

The core of the issue is that a group of nations are seeking to redefine the content of the term “human rights” according to their own social and cultural experiences as they argue that the principles enshrined in the Universal Declaration reflect Western values and not their own. These countries sign many international human rights treaties and conventions, but the use of reservations and internal obstacles

jeopardize their implementation. Such claims of social and cultural differences in the past have been dismissed by the western countries and the USA who dismissed such claims as being a screen behind which authoritarian governments can perpetuate abuses.

Coming to South Asian Nations, there does exist violations of human rights in India as there is an absence of any regional framework that can hold the government responsible for the acts committed or provide a forum to individuals to appeal against the decisions of the Courts like the one existing under European Court of Human Rights. To illustrate, the aspect of women’s rights needs consideration and improvement in the daily lives of women to meet the gap between formal rights and actual implementation of the same.  What this means is that there exists a necessity to focus on translating the universal values enshrined under International human rights to local contexts that is the only option available to human beings irrespective of the geographical location to the ideals of equality and freedom from discrimination

In this context, there arises a need for establishing regional and sub- regional human rights codes or conventions. This has also been recognized by the United Nations since in absence of a universal approach that the South Asian states refuse to adopt, it is through regional initiatives that the motives of human rights could be achieved. The need for a regional initiative becomes even more significant because unlike Europe, America, and Africa there is no inter-governmental regional system for human rights protection in South Asia. In practice, the reason cited is that the human rights debate revolves around the South Asian views or perspectives. Although the South Asian governments have ratified international human rights instruments, they fail to reflect in the national constitutions or laws of most governments.

The fact that human rights will enjoy certain specificity in South Asia, still to be elaborated and applied, however, does not mean less for the universality of human rights. The reason being that the international human rights do not originate from merely one homogenous European value system or culture, but from various heterogeneous sources, some of these existing in the long history of South Asia. Thus, human rights are universal not only in their applicability to all human beings in every corner of the world, but are also universal because they originated from every corner in the world.

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