Unit 731: Justice long overdue
During the Second World War, a specialised team of the Japanese military known as 'Unit 731' conducted heinous medical experiments on thousands of civilians and prisoners of war. This paper will examine those crimes in light of international criminal law, explain the long-term effects of the US decision to grant immunity to the officers of Unit 731, and argue that justice and closure for the victims is long overdue.
ICC victim participation: revising the application process to better serve the interests of victims
Victim participation is regarded as a 'major innovation' of the ICC. However, the participatory regime that has evolved is unsustainable and does not best serve the interests and expectations of victims. This paper argues that the Court can make victim participation more manageable and aligned with the interests of victims by accepting applications from victims of a case only, not victims of a situation.
Stateless: Dominicans of Haitian descent and the deprivation of a juridical personality
In a broad order that has reverberated across the hemisphere, the Dominican Republic's top court has instructed the authorities in the country to audit all the nation's birth records back to June 1929 to determine who no longer qualifies for citizenship, setting off international alarm.
The phenomenon of criminalisation of irregular migration: illegal & arbitrary arrests & expulsions
As the phenomenon of criminalisation of migration is increasing, the reasons must be combated. The author exposes a series of standards that governments must follow and that NGOS and others must demand in order to protect the human rights of thousand persons who see daily how their rights are violated
Religious fundamentalism and other threats to the rule of law: the Costa Rican presidential elections
Herman Duarte considers links between Nazi propaganda inciting hatred of Jewish people, and the political campaign of Fabricio Alvarado, front runner during the recent Costa Rican presidential race. Alvarado's party, Resauracion Nacional, made all sorts of statements suggesting the use of state machinery to discriminate against LGBTI people.
A look at some of the other internationally recognised human rights
Much attention is given to the human rights issues related to slavery, child labour, respect of indigenous peoples and human trafficking, but there are several other internationally recognised human rights that merit consideration. The International Bill of Human Rights sets out all of the recognised human rights in three documents: the UDHR, the ICCPR, and the ICESCR. Several of these other internationally recognised human rights are reviewed and discussed by James W Skelton Jr in terms of their universal nature, as well as potential threats to them and protections for them.
Australia: the next major opportunity for the global modern slavery movement
Australia is the next major opportunity for the global modern slavery movement. Australia can act to accelerate action on modern slavery but a harmonised approach is required. Amy Sinclair outlines some legal frameworks necessary for a harmonised approach.
Taking modern slavery seriously – a compliance primer
The business and human rights landscape continues to evolve, with new modern slavery reporting and due diligence requirements on the horizon in some jurisdictions, and new rules capturing modern slavery within human rights-related risks more generally now in force in others. Helpfully, Emily Holland argues, when it comes to human rights risk response – and modern slavery specifically – for the most part, companies are able to build on what they have already developed.
Building a foundation for social inclusion: why diversity alone is not enough
Natalie White begins by exploring the concept of social inclusion as a human right and the need for humans to respect and understand the perspectives and belief systems of other individuals as a foundation of this right. It then discusses barriers to the attainment of this core right and concludes by identifying the key to fostering social inclusion.
Wahija Ahmed argues that because current legislation in Australia does not recognise 'Muslim' or 'Islamic' persons as a race, the ability to seek remedy for Muslim Australians for Islamophobic incidents is almost non-existent, and that legislative reform is necessary to counteract hate speech and crimes.
Post 9/11 evisceration of the prohibition against torture
Violations of the longstanding international prohibition on torture have influenced United States counterterrorism policies since 11 September 2001. Alka Pradhan examines the continuing effects of state-sponsored torture on the US detention programmes in Central Intelligence Agency (CIA) black sites and at Guantánamo Bay, continuing violations at Guantánamo Bay, and the impunity enjoyed by state actors.
Catch me if you can: Immunity of a head of a state not party to the ICC Rome Statute - Human Rights Law, August 2016
By TJ (Tajesh) Adhihetty. Catch me if you can: Immunity of a head of a state not party to the ICC Rome Statute - Human Rights Law, August 2016
Historical injustices in Ethiopia: comparing international legislative solutions and ‘laws of denial’ - Human Rights Law
By Henok G Gabisa. Historical injustices in Ethiopia: comparing international legislative solutions and ‘laws of denial’
Unaccompanied asylum seeking children (UASC) in Greece: Reception capacity, asylum and protection gaps - Human Rights Law
By Christina Velentza. Unaccompanied asylum seeking children (UASC) in Greece: Reception capacity, asylum and protection gaps - Human Rights Law
Taxation as a Human Rights Issue
Sebastián López Nieto, national reporter from the IBA Tax Committee who won the tax scholarship for the Annual Conference in Tokyo, 2014, discusses the relationship between taxation and human rights. He argues that taxes are the most sustainable source of revenue for governments to help them carry out their primary duty of ensuring the progressive realisation of human rights. His conclusion is that if we want to see changes in the sphere of human rights, we should pay attention to taxation and the causal link between tax collection and actual government spending.
Human Rights Law Working Group – March 2015 – From the Editor
Article from the Human Rights Law Working Group Committee Newsletter, March 2015
IBAHRI-ICJ list of issues submission on Venezuela to UN Human Rights Committee
On 25 July 2014, the IBAHRI and the International Commission of Jurists (ICJ) made a joint submission to the United Nations Human Rights Committee on a list of issues for the examination of the Fourth Periodic Report of Venezuela.
Press conference - Cambodia's judicial reform laws, 15 July 2014
The International Bar Association’s Human Rights Institute (IBAHRI) has expressed deep concern over controversial judicial reforms which could provide an excessive transfer of power from the judiciary to the executive in the Royal Kingdom of Cambodia.
Global view of challenges and dangers facing lawyers and judges highlighted in IBAHRI Annual Report
The International Bar Association’s Human Rights Institute (IBAHRI) 2013 Annual Report, published today, presents some of the numerous challenges and dangers facing many lawyers and judges across the globe who are striving to promote and protect the fundamental principles of human rights.