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A Need to Reaffirm the Nuremberg Code

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A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.-Definition of Health, Preamble of the World Health Organisation (WHO) Constitution, 1948

These days, many argue that our Covid (C-19) response is a planetary fiasco, whose size is yet to surface with its mounting disproportionate and enduring secondary effects, causing tremendous socio-economic, political and psychosomatic contractions and convulsions. But, worse than our response is our silence about it.

It is an established fact that the quintessence of Nazism was not Hitler and the circle of darkness around him. It was rather a commonly shared ‘banality of crime’ atmosphere: Benevolent acceptance of ordinary village people living next to Auschwitz, Mauthausen, Dachau that the nation must be ‘purified’ … The day when questioning stops and silent acceptance becomes a ‘new normal’ is a day when fascism walks in a big time. Of course, today we have a diagnosis for it: Manufacturing consent through choice architecture, of a fear-imprisoned,via media infantilised (returned to the pre-Oedipal phase) psychology of the de-socialised and alienated, an atomised one.

Appinion disguised as opinion

Did we really forget basic teaching of our history: Every time when the power was unchecked, it degenerated into the obscure brutality; ritualising its force with a stamp on or under our skin to visualise and immortalise the twilight of reason?

So, our C-19 response illustrates – the argument goes – nothing else but a social pathology: the non-transparent concentration of power, and our overall democracy recession – further bolstering surveillance and social control systems. All that as lasting consequences of cutbacks, environmental holocaust, privatisation (or PPP-ization) of key intergovernmental and vital national institutions, ill-aimed globalisation as well as of the fixation onoverly allopathic, mandated (not repurposed but usually novel and expensive) drugs-centred healthcare, and lack of public data commons. Pandemic or plundermic …

Trust in and support to governmental and intergovernmental institutions is rapidly deteriorating. Ever larger number of citizens do not see the mainstream media (or pop culture celebrities) at service for population. Dialogue and opinionation is rarefied and discouraged, if not even sanctioned. Hence, the faith in western medicine is in a free fall. Compromised generational contract and thinning social consensus are challenging our fabrics like never before in recorded history. The first real stress-test since the end of the WWII, the United Nations (UN) clearly didn’t pass. Many feel deeply disappointed with and disfranchised by the universal organisation and its Agencies for its lasting “self-marginalisation”.[1]Is our cohesion irreversibly destroyed?

Early lockdowns, mid-March 2020, were justified by a need to flatten the curve of the ‘sudden’ virus’ (harmfulness, mortality and transmissibility) impact, since there were no enough hospital beds. In the meantime, the lockdowns were extended and widened, curves not arguablyaltered. Still, for the past 9 months, there is hardly any new hospital built in the EU although the non-essential medical services are by and far suspended. Neither there was or is any massive investment into general health prevention. The only visible infrastructure growth is in 5/6G networks expansion. 

Following a simple ratio that the one’s level of health is genetic expression of life-style choices made, it is no surprise that there are also growing speculations if the lockdown – as the most notorious expression of monofocal perspective and rejection to any scientifically contested, debate-based integratedjudgment– is invasion or protection:

  • Whetherthe aim is a herd-immunity or herd loyalty (and to it related growing, yet still unrefuted, rumours that the eventual ‘unsafe, unneeded and ineffective’ C-19 vaccine (or genoccine) might contain biohacking nano-properties which establish backdoor interface via extensively set 5/6G, besides viral interference and transduction as standard side-effects in the clinical trials ever since 2002)?
  • And, if is there any back-to-normal exit from the crisis, or this disaster ‘turned into planetary terror, through global coup d’état’ will be exploited to further something already pre-designed (with a fear, not as a side-effect, but rather as a tool manufactured to gain control).Simply, is all that more related to the biotronics and demographics – ‘epsteinisation en masse’, than to health and economics or any common social purpose?

E.g.Le Monde Diplomatique – while examining the possible merge between tech oligopoly and political monopoly – claims: “Political decisions have been central in shaping this tragedy — from the destruction of animal habitats, to the asymmetric funding of medical research, to the management of the crisis itself. They will also determine the world into which we emerge after the worst is over.” Over the past 30 years, every critical juncture had a similar epilogue: pardon and enhancement for the capital, a burden and suppression for the labour. The C-19 is no exception to it: Ever since early lockdowns of March 2020, the capital flows unhindered while the labour, ideas and humans are under the house arrest.[2]The XXI century frontline is the right to health (incl. body integrity and informed consent) and labour, privacy and other fundamental human rights and liberties. (LMD, IV20)

Earth provides enough to satisfy everyone’s needs, but not for a single man’s greed

Still to be precise, the WHO- decreed virus pandemic brought nothing truly new to the already overheated conduct and increasingly binarized world affairs: It only amplified and accelerated what was present for quite some time – a rift between alienated power centres, each on its side of Pacific, and the rest. No wonder that the work on the C-19 vaccine is more an arms race than it is a collaborative humanistics.

Would all this be – in its epilogue – about the expansion of techno-totalitarian model of government as an alternative to liberal democracy? Devolutionary singularisationinto techno-feudalism as the highest stage of capitalism? Is now a time to return to the nation-state, a great moment for all dictators-in-waiting to finally build a cult of personality? Hence, will our democracy be electro-magnetised and vaccinated for a greater good (or greedier ‘god’)? Will we be (ever) allowed to exit this year?

One is certain, confronting the long-term interests of stakeholders with the short-term interests of shareholders, the private sector from both sides of Atlantic exercises disproportionate power in the technological share (infrastructure and data). It alsolargely benefits from the massive public research funds while in return paying dismal, negotiable tax if at all.[3]Far too often it comes with the nondisclosure agreements, liability outsourcing/protections and other unilaterally beneficial legal instruments as well as with the close ties between the private sector, intelligence agencies and media.[4]

The same applies to a big Pharma which increasingly dictates a non-preventive,monofocal approach to medicine and research, and controls reporting about it – not always in the name of our public health.

Therefore, the above represents the largest underreported threat to our democracy and future societal conduct.

Conclusively, bioinformatics is a dual-use technology. Past its formative age, it has today a huge weaponization potential for at home and abroad. Consequently and urgently,thisnecessitates a comprehensive legislation which builds up on the Universal Charter of Human Rights and Nuremberg Code, and rests on its effective enforcement (with the monitoring of compliance mechanisms as set for the IAEA, OPCW, RC-BTWCand the Nagoya protocol),[5]nationally and internationality.

Pop Europe, back to its Future

By many accounts, 2020 – a year when distancing became social – will be remem- bered as the worst year in living memory (since 1939). Some would say; C-19 stopped history, as it locked down our dialogues. Actually, 2020 only quarantined and halted us, while in fact it accelerated history. This especially refers to the Old Continent.

As this author noted in spring 2020: “It is amply clear from the C-19 event that the right to health is an issue for all. The search for a reliable cure for pandemics control is not a matter of private business, but of fundamental individual rights situated on higher levels of sociableness, as embedded in the UN and EU Charters, and being obligatory for each of the UN Specialized Agencies or EU bodies to comply with. (Not a fear based manufactured consent, but the right for informed consent as an inseparable segment of the constitutionally endorsed right to health.)

Even if the vaccine becomes the agreed or preferred option, it must be made available patent-free for all, and locally manufactured. However, binarization of debate onto a pro-and-con vaccine represents a dangerous reductionism and waste of planetary energy critically needed for a holistic and novel approach. There is no silver bullet for the European problems. Consequently, there is no solution in one-directional medical research in response to any pandemic, and in a single-blended (centrally manufactured, hastily introduced) and mandated medication for all. This especially refers to the genoccine.[6](Dogma is based on a blind belief; science necessitates constant multidimensional exploration. Science, especially a medical one, holds no single or absolute truth: The closest it can get is to the least wrong answer – which must be contested constantly, literally every day.)

Proportionality of our (current and future) responses in Europe is another key issue. Hence, what presents itself as an imperative is the universal participation through intergovernmental mechanisms. That rule applies for at home and for abroad, as the Union has to comply with(and set example to) it urgently – since biology and geopolitics have one rule in common; comply or die.

Growing particularisms in Brussels quarters, where (on taxpayers money and public trust)it is more and more the particular – be it individual, regional, national, lobby-groups driven – interest that prevails over the solid all-European project of our common presence and future.”[7]

Past the Brexit, the EU has to be extra cautious about its chronic democracy-deficit, apparatchik alienation of Brussels, as well as the brewing concerns that the EU without UK becomes yet another greater Germany.[8]


[1]The UN Secretary-General, Antonio Guterres is well aware of it: Addressing the Organisation’s General Assembly at the 75th anniversary (September 2020) he admitted: “… people continue to lose trust in political establishments. … widespread protests against inequality, discrimination, corruption and lack of opportunities all over the world – grievances that still need to be addressed, including with a renewed social contract.”

[2] Even in the neutral and peace-loving Austria – following the provisions of a strict autumn 2020 lockdown – only the basic supplies shops are opened. However, besides the grocery stores and pharmacies, it also includes the guns shops, while the schools, theatres and museums remain closed.

[3] “The pandemic has also reviled how imbalanced the relationship between the public and the private sector has become. In the US, the National Institutes of Health (NIH) invests some$40 billion a year on medical research and has been a key funder of the R&D of C-19 treatments and vaccines. But pharmaceutical companies are under no obligation to make the final product affordable to Americans, whose tax money is subsidising them in the first place. … It was a typical move for Big Pharma. … Even so, US drug prices are the highest in the world. Pharmaceutical companies also act against the public interest by abusing the patient process. … Equally bad deals have been made with Big Tech. In many ways, Silicon Valley is a product of the US government’s investments in the development of high-risk technologies. The National Science Foundation funded the research behind the search algorithm that made Google famous. The US Navy did the same for the GPS technology that Uber depends on. And the Defence Advanced Research Project Agency, part of the Pentagon, backed the development of the Internet, touchscreen technology, Siri, and every other key component in the iPhone. Taxpayers took risks when they invested in these technologies, yet most of the technology companies that have benefited failed to pay their fair share of taxes. Then they have the audacity to fight against regulations that would protect the privacy rights of the public. … the power of AI and other technologies being developed in Silicon Valley, a closer look shows that in these cases, too, it was high-risk public investment that laid the foundations” – states prof. Mazzucato(FAM 99/6/20)

[4]See, eg. the EU Pandemic Accelerator Act (April 2020) or the July 15th 2020 Suspension of the EU GMO-related legislation (the so-called EU Council adoption of the Commission’s proposal to accelerate clinical trials and the supply of medical product containing the GMOs) – all promulgated speed-track without a prior investigative scientific reports, hearings or debate. These are now submitted to the European Court of Justice for a legality and impartiality judgment. In the same fashion the recently adopted European Democracy Action Plan (EDAP) leaves many ambiguities, while also contradicting the European Convention on Human Rights.

[5] All fourbelonging to the United Nations system: International Atomic Energy Agency (IAEA), Organisation for the Prohibition of Chemical Weapons (OPCW), Review Conference to the Biological Weapons Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (RC-BTWC), the Nagoya Protocol to the Biological Diversity Convention on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (NP).

[6]It is a more accurate name for the experimental, new, RNK and DNK modified, nanotechnology-based tri-injecting solution currently advocated for C-19.

[7]See: “World on Autopilot: The UNSC should urgently address C-19”, New Europe Brussels (Bajrektarevic-Agam, 10 APR 20); “Contributing to a Safer, Healthier and Prosperous World”, Diplomat Magazine Hague (Bajrektarevic-Goutali, 12 MAY 20);”Return of Global Stewardship: the UNSC should urgently address C-19– addendum” (Bajrektarevic-Agam, 25 May 20), ModernDiplomacy Athens/ Brussels; “Democracy Vaccinated, – The post-Corona epilogue of Sino-American relations”, (Bajrektarevic), L’EuropeUnie Intl. Journal, Revue d’étudeseuropéenne, Paris, France 2020 (15) 2.

[8] On December 18th 2020, the UN General Assembly (UNGA) adopted Resolution against glorification of Nazism, neo-Nazism and other practices that encourage modern forms of racism and xenophobia. 60 UN members co-sponsored resolution, while only 2 states casted negative vote. Rather strikingly and disturbingly, Germany refrained from voting in favour (abstained). The UN GA recommends states “to take appropriate concrete measures, including legislative and educational ones, in accordance with international human rights obligations, in order to prevent revisionism in respect of the Second World War and the denial of the crimes against humanity and war crimes committed during the WWII.”

Modern Diplomacy Advisory Board, Chairman Geopolitics of Energy Editorial Member Professor and Chairperson for Intl. Law & Global Pol. Studies contact: anis@bajrektarevic.eu

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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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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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