Pennsylvania Studies in Human Rights – serie

The unmarked mass graves left by war and acts of terror are lasting traces of violence in communities traumatized by fear, conflict, and unfinished mourning. Like silent testimonies to the wounds of history, these graves continue to inflict harm on communities and families that wish to bury or memorialize their lost kin. Changing political circumstances can reveal the location of mass graves or facilitate their exhumation, but the challenge of identifying and recovering the dead is only the beginning of a complex process that brings the rights and wishes of a bereaved society onto a transnational stage.Necropolitics: Mass Graves and Exhumations in the Age of Human Rights examines the political and social implications of this sensitive undertaking in specific local and national contexts. International forensic methods, local-level claims, national political developments, and transnational human rights discourse converge in detailed case studies from the United States, Argentina, Chile, Peru, Spain, Bosnia-Herzegovina, Greece, Rwanda, Cambodia, and Korea. Contributors analyze the role of exhumations in transitional justice from the steps of interviewing eyewitnesses and survivors to the painstaking forensic recovery and comparison of DNA profiles. This innovative volume demonstrates that contemporary exhumations are as much a source of personal, historical, and criminal evidence as instruments of redress for victims through legal accountability and memory politics.Contributors: ZoË Crossland, Francisco FerrÁndiz, Luis Fondebrider, Iosif Kovras, Heonik Kwon, Isaias Rojas-Perez, Antonius C. G. M. Robben, Elena Lesley, Katerina Stefatos, Francesc Torres, Sarah Wagner, Richard Ashby Wilson.

According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment-all clearly in violation of international human rights-and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment?Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights.Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Issues of universal human rights are critically important topics in education today. Educators, scholars, and activists urge schools to promote awareness and understanding of human rights in their curricula from the earliest levels. Written by by Betty A. Reardon, one of the foremost scholars on human rights education for the primary and secondary levels, Educating for Human Dignity is designed for both teachers and teacher educators. It is the first resource offering both guidance and support materials for human rights education programs from kindergarten through high school. It opens possibilities for an holistic approach to human rights education that directly confronts the values issues raised by human rights problems in a context of global interrelationships.

Human rights violations are perpetrated in all parts of the world, and the universal reaction to such atrocities is overwhelmingly one of horror and sadness. Yet, as Abdullahi Ahmed An-Na'im and his contributors attest, our viewpoint is clouded and biased by the expectations native to our own culture. How do other cultures view human rights issues? Can an analysis of these issues through multiple viewpoints, both cross-cultural and indigenous, help us reinterpret and reconstruct prevailing theories of human rights?

Selected by Choice magazine as an Outstanding Academic Book for 1999Born of a shared revulsion against the horrors of the Holocaust, the Universal Declaration of Human Rights has become the single most important statement of international ethics. It was inspired by and reflects the full scope of President Franklin Roosevelt's famous four freedoms: "the freedom of speech and expression, the freedom of worship, the freedom from want, and the freedom from fear." Written by a UN commission led by Eleanor Roosevelt and adopted in 1948, the Declaration has become the moral backbone of more than two hundred human rights instruments that are now a part of our world. The result of a truly international negotiating process, the document has been a source of hope and inspiration to thousands of groups and millions of oppressed individuals.

In 1999, the Guatemala truth commission issued its report on human rights violations during Guatemala's thirty-six-year civil war that ended in 1996. The commission, sponsored by the UN, estimates the conflict resulted in 200,000 deaths and disappearances. The commission holds the Guatemalan military responsible for 93 percent of the deaths.In The Guatemalan Military Project, Jennifer Schirmer documents the military's role in human rights violations through a series of extensive interviews striking in their brutal frankness and unique in their first-hand descriptions of the campaign against Guatemala's citizens. High-ranking officers explain in their own words their thoughts and feelings regarding violence, political opposition, national security doctrine, democracy, human rights, and law. Additional interviews with congressional deputies, Guatemalan lawyers, journalists, social scientists, and a former president give a full and balanced account of the Guatemalan power structure and ruling system.With expert analysis of these interviews in the context of cultural, legal, and human rights considerations, The Guatemalan Military Project provides a successful evaluation of the possibilities and processes of conversion from war to peace in Latin America and around the world.

Bolokoli, khifad, tahara, tahoor, qudiin, irua, bondo, kuruna, negekorsigin, and kene-kene are a few of the terms used in local African languages to denote a set of cultural practices collectively known as female circumcision. Practiced in many countries across Africa and Asia, this ritual is hotly debated. Supporters regard it as a central coming-of-age ritual that ensures chastity and promotes fertility. Human rights groups denounce the procedure as barbaric. It is estimated that between 100 million and 130 million girls and women today have undergone forms of this genital surgery.Female Circumcision gathers together African activists to examine the issue within its various cultural and historical contexts, the debates on circumcision regarding African refugee and immigrant populations in the United States, and the human rights efforts to eradicate the practice. This work brings African women's voices into the discussion, foregrounds indigenous processes of social and cultural change, and demonstrates the manifold linkages between respect for women's bodily integrity, the empowerment of women, and democratic modes of economic development.This volume does not focus narrowly on female circumcision as a set of ritualized surgeries sanctioned by society. Instead, the contributors explore a chain of connecting issues and processes through which the practice is being transformed in local and transnational contexts. The authors document shifts in local views to highlight processes of change and chronicle the efforts of diverse communities as agents in the process of cultural and social transformation.

Selected by Choice magazine as an Outstanding Academic TitleAre the principles set forth in the Universal Declaration of Human Rights truly universal? Or, as some have argued, are they derived exclusively from Western philosophic traditions and therefore irrelevant to many non-Western cultures? Should a state's claims to indigenous traditions, and not international covenants, determine the scope of rights granted to its citizens?In his strong defense of the Declaration, Reza Afshari contends that the moral vision embodied in this and other agreements is a proper response to the abuses of the modern state. Asserting that the most serious violations of human rights by state rulers are motivated by political and economic factors rather than the purported concern for cultural authenticity, Afshari examines one particular state that has claimed cultural exception to the universality of human rights, the Islamic Republic of Iran.In his revealing case study, Afshari investigates how Islamic culture and Iranian politics since the fall of the Shah have affected human rights policy in that state. He exposes the human rights violations committed by ruling clerics in Iran since the Revolution, showing that Iran has behaved remarkably like other authoritarian governments in its human rights abuses. For more than two decades, Iran has systematically jailed, tortured, and executed dissidents without due process of law and assassinated political opponents outside state borders. Furthermore, like other oppressive states, Iran has regularly denied and countered the charges made by United Nations human rights monitors, defending its acts as authentic cultural practices.Throughout his study, Afshari addresses Iran's claims of cultural relativism, a controversial thesis in the intense ongoing debate over the universality of human rights. In prison memoirs he uncovers the actual human rights abuses committed by the Islamic Republic and the sociopolitical conditions that cause or permit them. Finally, Afshari turns to little-read UN reports that reveal that the dynamics of power between UN human rights monitors and Iranian leaders have proven ineffective at enforcing human rights policy in Iran. Critically analyzing the state's responses, Afshari shows that the Islamic Republic, like other oppressive states, has regularly denied and countered the charges made by UN human rights monitors, and when denials were patently implausible, it defended its acts as authentic cultural practices. This defense is equally unconvincing, since it lacked domestic cultural consensus.

Selected by Choice magazine as an Outstanding Academic TitleCreating Human Rights offers the first systematic study of a pioneering women's refugee movement and its challenge, as an international trigger case, to more conventional paths toward human rights policy development. Lisa S. Alfredson argues that such cases, which unfold in the context of a specific country and have profound impacts on international human rights efforts, have been neglected in research and pose a challenge to recent theorizing on human rights change.In the early 1990s, Canada witnessed the emergence of the world's first comprehensive refugee policy for women who were seeking protection from female-specific forms of violence-rape, domestic abuse, public stoning of adulterers, genital mutilation-while challenging a gender-biased system. Close examination of this novel movement, Alfredson contends, provides crucial insights into why and how states may articulate new human rights that set international precedents.Analyzing original empirical data and sociopolitical historical trends, the book documents the decisive global impacts of the movement while shedding light on the paradox of noncitizen politics and asylum seekers' little recognized political strength. Contrary to expectation, findings suggest transnational networks and pressures are not required for some forms of change. Rather, international trigger cases illuminate a range of other key actors and advocacy strategies leading, subsequently, to a more comprehensive understanding of human rights acceptance.In the case of the women's refugee movement, the convergence of human rights and noncitizen politics points toward a new dimension for human rights scholarship that, in the current age of globalization, is becoming critically important.

Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study.Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.

Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept-that of of nation-state-and its role in large-scale political and social organization.An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.

Turkey's mixed human rights record has been highly politicized in the debate surrounding the country's probable ascendance to membership in the European Union. Beginning with the foundation of a secular republic in 1923, and continuing with founding membership in the United Nations and participation in the European Convention on Human Rights and Fundamental Freedoms, Turkey made significant commitments to the advancement of human rights. However, its authoritarian tradition, periods of military rule, increasing social inequality, and economic crises have led to policies that undermine human rights. While legislative reforms and civil social activism since the 1980s have contributed greatly to the advancement of human rights, recent progress is threatened by the rise of nationalism, persistent gender inequality, and economic hardship.In Human Rights in Turkey, twenty-one Turkish and international scholars from various disciplines examine human rights policies and conditions since the 1920s, at the intersection of domestic and international politics, as they relate to all spheres of life in Turkey. A wide range of rights, such as freedom of the press and religion, minority, women's, and workers' rights, and the right to education, are examined in the context of the history and current conditions of the Republic of Turkey.In light of the events of September 11, 2001, and subsequent developments in the Middle East, recent proposals about modeling other Muslim countries after Turkey add urgency to an in-depth study of Turkish politics and the causal links with human rights. The scholarship presented in Human Rights in Turkey holds significant implications for the study of human rights in the Middle East and around the globe.

In recent years, aggrieved groups around the world have routinely portrayed themselves as victims of human rights abuses. Physically and mentally disabled people, indigenous peoples, AIDS patients, and many others have chosen to protect and promote their interests by advancing new human rights norms before the United Nations and other international bodies. Often, these claims have met strong resistance from governments and corporations. More surprisingly, even apparent allies, such as Amnesty International, Human Rights Watch, and other nongovernmental organizations, have voiced misgivings, arguing that rights "proliferation" will weaken efforts to protect their traditional concerns: civil and political rights.Why are certain global problems recognized as human rights issues while others are not? How do local activists transform long-standing problems into universal rights claims? When and why do human rights groups, governments, and international organizations endorse new rights? The International Struggle for New Human Rights is the first book to address these issues.Focusing on activists who advance new rights, the book introduces a framework for understanding critical strategies and conflicts involved in the struggle to persuade the human rights movement to move beyond traditional problems and embrace pressing new ones.Essays in the volume consider rights activism by such groups as the South Asian Dalits, sexual minorities, and children of wartime rape victims, while others explore new issues such as health rights, economic rights, and the right to water. Examining both the successes and failures of such campaigns, The International Struggle for New Human Rights will be a key resource not only for scholars but also for those on the front lines of human rights work.

International human rights pressure has been applied to numerous states with varying results. In Conflict and Compliance, Sonia Cardenas examines responses to such pressure and challenges conventional views of the reasons states do-or do not-comply with international law. Data from disparate bodies of research suggest that more pressure to comply with human rights standards is not necessarily more effective and that international policies are more efficient when they target the root causes of state oppression.Cardenas surveys a broad array of evidence to support these conclusions, including Latin American cases that incorporate recent important declassified materials, a statistical analysis of all the countries in the world, and a set of secondary cases from Eastern Europe, South Africa, China, and Cuba. The views of human rights skeptics and optimists are surveyed to illustrate how state rhetoric and behavior can be interpreted differently depending on one's perspective.Theoretically and methodologically sophisticated, Conflict and Compliance paints a new picture of the complex dynamics at work when states face competing pressures to comply with and violate international human rights norms.

For the last half century, Latin America has been plagued by civil wars, dictatorships, torture, legacies of colonialism and racism, and other evils. The region has also experienced dramatic-if uneven-human rights improvements. The accounts of how Latin America's people have dealt with the persistent threats to their fundamental rights offer lessons for people around the world.Human Rights in Latin America: A Politics of Terror and Hope is the first textbook to provide a comprehensive introduction to the human rights issues facing an area that constitutes more than half of the Western Hemisphere. Leading human rights researcher and educator Sonia Cardenas brings together regional examples of both terror and hope, emphasizing the dualities inherent in human rights struggles. Organized by three pivotal topics-human rights violations, reform, and accountability-this book offers an authoritative synthesis of research on human rights on the continent. From historical accounts of abuse to successful transnational campaigns and legal battles, Human Rights in Latin America explores the tensions underlying a vast range of human rights initiatives. In addition to surveying the roles of the United States, relatives of the disappeared, and truth commissions, Cardenas covers newer ground in addressing the colonial and ideological underpinnings of human rights abuses, emerging campaigns for disability and sexuality rights, and regional dynamics relating to the International Criminal Court.Engagingly written and fully illustrated, Human Rights in Latin America creates an important niche among human rights and Latin American textbooks. Ample supplementary resources-including discussion questions, interdisciplinary reading lists, filmographies, online resources, internship opportunities, and instructor assignments-make this an especially valuable text for use in human rights courses.

In recent history, atrocities have often been committed in the name of lofty ideals. One of the most disturbing examples took place in Cambodia's Killing Fields, where tens of thousands of victims were executed and hastily disposed of by Khmer Rouge cadres. Nearly thirty years after these bloody purges, two journalists entered the jungles of Cambodia to uncover secrets still buried there.Based on more than 1,000 hours of interviews with the top surviving Khmer Rouge leader, Nuon Chea, Behind the Killing Fields follows the journey of a man who began as a dedicated freedom fighter and wound up accused of crimes against humanity. Known as Brother Number 2, Chea was Pol Pot's top lieutenant. He is now in prison, facing prosecution in a United Nations-Cambodian tribunal for his actions during the Khmer Rouge rule, when more than two million Cambodians died. The book traces how the seeds of the Killing Fields were sown and what led one man to believe that mass killing was necessary for the greater good.Coauthor Sambath Thet, a Khmer Rouge survivor, shares his personal perspectives on the murderous regime and how some victims have managed to rebuild their lives. The stories of Nuon Chea and Sambath Thet collide when the two meet. While Thet holds Chea responsible for the death of his parents and brother, he strives for understanding over revenge in order to reveal the forces that destroyed his homeland in the name of creating utopia.In this age of suicide bombers and terror alerts, the world is still at a loss to comprehend the violence of zealots. Behind the Killing Fields bravely confronts this challenge in an exclusive portrait of one man's political madness and another's personal wisdom.

Human rights advocacy in the West is changing. Before the turn of the century, access to goods such as food, housing, and health care-while essential to human survival-were deemed outside of the human rights sphere. Traditional human rights institutions focused on rights in the political arena that could be defended through legal systems.In Freedom from Poverty, Daniel P. L. Chong examines how today's nongovernmental organizations are modifying human rights practices and reshaping the political landscape by taking up the cause of subsistence rights. This book outlines how three types of NGOs-human rights, social justice, and humanitarian organizations-are breaking down barriers by incorporating access to economic and social goods into national laws and advancing subsistence rights through nonjuridical means. These NGOs are using rights not only as legal instruments but as moral and rhetorical implements to build social movements, shape political culture, and guide development work. Rights language is now invoked in churches, political campaigns, rock concerts, and organizational mission statements. Chong presents a social theory of human rights to provide a framework for understanding these changes and defending the legitimacy of these rights.Freedom from Poverty analyzes new trends in the evolution of human rights by combining constructivist and postpositivist legal approaches. This book provides valuable concepts to human rights practitioners, political scientists, antipoverty advocates, and leaders who are serious about ending widespread privation and disease.

Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.

"When the army comes out, it is to kill."-Augusto PinochetFollowing his bloody September 1973 coup d'État that overthrew President Salvador Allende, Augusto Pinochet, commander-in-chief of the Chilean Armed Forces and National Police, became head of a military junta that would rule Chile for the next seventeen years. The violent repression used by the Pinochet regime to maintain power and transform the country's political profile and economic system has received less attention than the Argentine military dictatorship, even though the Pinochet regime endured twice as long.In this primary study of Chile Under Pinochet, Mark Ensalaco maintains that Pinochet was complicit in the "enforced disappearance" of thousands of Chileans and an unknown number of foreign nationals. Ensalaco spent five years in Chile investigating the impact of Pinochet's rule and interviewing members of the truth commission created to investigate the human rights violations under Pinochet. The political objective of human rights organizations, Ensalaco contends, is to bring sufficient pressure to bear on violent regimes to induce them to end policies of repression. However, these efforts are severely limited by the disparities of power between human rights organizations and regimes intent on ruthlessly eliminating dissent.

Fifteen countries have emerged from the collapse of the Soviet Union. Freedom's Ordeal recounts the struggles of these newly independent nations to achieve freedom and to establish support for fundamental human rights. Although history has shown that states emerging from collapsed empires rarely achieve full democracy in their first try, Peter Juviler analyzes these successor states as crucial and not always unpromising tests of democracy's viability in postcommunist countries. Taking into account the particularly difficult legacies of Soviet communism, Freedom's Ordeal is distinguished by its careful tracing of the historical background, with special attention to human rights before, during, and after communism. Juviler suggests that the culture and practices of despotism may wither wherever modernization conflicts with tyranny and with the curtailment or denial of democratic rights and freedoms.

Presenting detailed portraits by leading authorities of the politics of human rights across the major regions of the globe, A Force Profonde: The Power, Politics, and Promise of Human Rights reveals human rights to be a force as powerful as capitalist markets and technological innovation in shaping global governance. Human rights issues mobilize populations regardless of their national, ethnic, cultural, or religious differences. Yet progress in advancing human rights globally, as Edward A. Kolodziej and the other contributors to the volume contend, depends decisively on the local support and the efforts of the diverse and divided peoples of the world-a prerequisite that remains problematic in many parts of the globe.A Force Profonde explores conceptions of human rights from Western as well as other major world traditions in an attempt to dispel the notion that tyranny, culture, and religion are the only challenges to human rights. Focusing on regional patterns of conflict, the authors point out that violations often have to do with disputes over class, social status, economic privilege, and personal power. In addition, they contend that conflicts over identity are more prevalent in the West than commonly thought. Sharply conflicting views are to be found between the European Union and the United States over issues like the death penalty. Splits within the West between rival Christian sects and between religious adherents and partisans of secularization are no less profound than those in other regions.

The problem of prosecuting individuals complicit in the Nazi regime's "Final Solution" is almost insurmountably complex and has produced ever less satisfying results as time has passed. In Crimes of the Holocaust, Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, each legal action relies on the framework of its predecessors. However, this only compounds the problematic issues arising from the Nuremberg proceedings.Meticulously combing volumes of testimony and documentary information about each case, Landsman offers judicious and critical assessments of the proceedings. He levels pointed criticism at numerous elements of this relatively recent judicial invention, sparing neither judges nor counsel and remaining keenly aware of the human implications. Deftly weaving legal analysis with cultural context, Landsman offers the first rigorous examination of these problematic proceedings and proposes guideposts for contemporary tribunals. Crimes of the Holocaust is an authoritative account of the Gordian knot of genocide prosecution in the world courts, which will persist as a confounding issue as we are faced with a trial of Saddam Hussein. This volume will be compelling reading for legal scholars as well as laypersons interested in these cases and the issues they address.

In Egypt Islamists clash with secularists over religious and national identity, while in Turkey secularist ruling elites have chosen to accommodate Islamists in the name of democracy and reconciliation. As Islam spreads throughout the world, Muslims living in their traditional homelands and in the Western world are grappling with shifting identities. In all cases, understanding the dynamics of identity-based politics is critical to the future of Muslims and their neighbors across the globe.In Muslims in Global Politics, Mahmood Monshipouri examines the role identity plays in political conflicts in six Muslim nations-Egypt, Iraq, the United Arab Emirates, Turkey, Iran, and Indonesia-as well as in Muslim diaspora communities in Europe and North America. In each instance, he describes how conservatives, neofundamentalists, reformists, and secularists construct identity in different ways and how these identities play out in the political arena. With globalization, the demand for human rights continues to grow in the Muslim world, and struggles over modernity, authenticity, legitimacy, and rationality become increasingly important.Muslims in Global Politics deepens our understanding of how modern ideas and norms interact with the traditions of the Islamic world and, in turn, shows how human rights advocates can provide an alternative to militant Islamist movements.

Confronting the evils of World War II and building on the legacy of the 1776 Declaration of Independence and the 1789 French Declaration of the Rights of Man and of the Citizen, a group of world citizens including Eleanor Roosevelt drafted the Universal Declaration of Human Rights. Adopted by the United Nations in 1948, the Universal Declaration has been translated into 300 languages and has become the basis for most other international human rights texts and norms. In spite of the global success of this document, however, a philosophical disconnect exists between what major theorists have said a human right is and the foundational text of the very movement they advocate.In Inherent Human Rights: Philosophical Roots of the Universal Declaration, philosopher and political theorist Johannes Morsink offers an alternative to contemporary assumptions. A major historian of the Universal Declaration, Morsink traces the philosophical roots of the Declaration back to the Enlightenment and to a shared revulsion at the horrors of the Holocaust. He defends the Declaration's perspective that all people have human rights simply by virtue of being born into the human family and that human beings have these rights regardless of any government or court action (or inaction). Like mathematical principles, human rights are truly universal, not the products of a particular culture, economic scheme, or political system. Our understanding of their existence can be blocked only by madness and false ideologies. Morsink argues that the drafters of the Declaration shared this metaphysical view of human rights. By denying the inherence of human rights and their metaphysical nature, and removing the concepts of the Declaration from their historical and philosophical context, contemporary constructivist scholars and pragmatic activists create an unnecessary and potentially dangerous political fog. The book carefully dissects various human rights models and ends with a defense of the Declaration's cosmopolitan vision against charges of unrealistic utopianism and Western ethnocentrism.Inherent Human Rights takes exception to the reigning view that the Golden Rule is the best defense of human rights. Instead, it calls for us to "follow the lead of the Declaration's drafters and liberate the idea of human rights from the realm of the political and the juridical, which is where contemporary theorists have imprisoned it."

Few issues in the relations between China and the West invoke as much passion as human rights. At stake, however, are much more than moral concerns and hurt national feelings. To Washington, the undemocratic nature of the Chinese government makes it ultimately suspect on all issues. To Beijing, the human rights pressure exerted by the West on China seems designed to compromise its legitimacy. As China's economic power grows and its influence on the politics of developing countries continues, an understanding of the place of human rights in China's foreign relations is crucial to the implementation of an effective international human rights agenda.In Human Rights in Chinese Foreign Relations, Ming Wan examines China's relations with the United States, Western Europe, Japan, and the United Nations human rights institutions.Wan shows that, after a decade of persistent external pressure to reform its practices, China still plays human rights diplomacy as traditional power politics and deflects pressure by mobilizing its propaganda machine to neutralize Western criticism, by making compromises that do not threaten core interests, and by offering commercial incentives to important nations to help prevent a unified Western front. Furthermore, at the UN, China has largely succeeded in rallying developing nation members to defeat Western efforts at censure.In turn, it is apparent to Wan that, while the idea of human rights matters in Western policy, it has seldom prevailed over economic considerations or concerns about national security. Western governments have not committed as many policy resources to pressuring Beijing on human rights as to other issues, and the differing degrees of commitment to human rights-related foreign policy explain why Japan, Western Europe, and the United States, in that order, have gradually retreated from confronting China on human rights issues.

The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe.Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

Since its founding in 1952, the International Commission of Jurists has inspired the international human rights movement with persistent demands that governments obey the rule of law.

Following periods of mass atrocity and oppression, states are faced with a question of critical importance in the transition to democracy: how to offer redress to victims of the old regime without perpetuating cycles of revenge. Traditionally, balance has been restored through arrests, trials, and punishment, but in the last three decades, more than twenty countries have opted to have a truth commission investigate the crimes of the prior regime and publish a report about the investigation, often incorporating accounts from victims.Although many praise the work of truth commissions for empowering and healing through words rather than violence, some condemn the practice as a poor substitute for traditional justice, achieved through trials and punishment. There has been until now little analysis of the unarticulated claim that underlies the truth commissions' very existence: that language-in this case narrative stories-can substitute for violence. Acknowledging revenge as a real and deep human need, Shattered Voices explores the benefits and problems inherent when a fragile country seeks to heal its victims without risking its own future.In developing a theory about the role of language in retribution, Teresa Godwin Phelps takes an interdisciplinary approach, delving into sources from Greek tragedy to Hamlet, from Kant to contemporary theories about retribution, from the Babylonian law codes to the South African Truth and Reconciliation Report. She argues that, given the historical and psychological evidence about revenge, starting afresh by drawing a bright line between past crimes and a new government is both unrealistic and unwise.When grievous harm happens, a rebalancing is bound to occur, whether it is orderly and lawful or disorderly and unlawful. Shattered Voices contends that language is requisite to any adequate balancing, and that a solution is viable only if it provides an atmosphere in which storytelling and subsequent dialogue can flourish. In the developing culture of ubiquitous truth reports, Phelps argues that we must become attentive to the form these reports take-the narrative structure, the use of victims' stories, and the way a political message is conveyed to the citizens of the emerging democracy.By looking concretely at the work and responsibilities of truth commissions, Shattered Voices offers an important and thoughtful analysis of the efficacy of the ways human rights abuses are addressed.

Few names are so closely connected with the cause of human rights as that of Mary Robinson. As former President of Ireland, she was ideally positioned for passionately and eloquently arguing the case for human rights around the world. Over five tumultuous years that included the tragic events of 9/11, she offered moral leadership and vision to the global human rights movement. This volume is a unique account in Robinson's own words of her campaigns as United Nations High Commissioner for Human Rights.A Voice for Human Rights offers an edited collection of Robinson's public addresses, given between 1997 and 2002, when she served as High Commissioner. The book also provides the first in-depth account of the work of the Office of High Commissioner for Human Rights. With a foreword by Kofi Annan and an afterword by Louise Arbour, the current High Commissioner for Human Rights, the book will be of interest to all concerned with international human rights, international relations, development, and politics.