Collective identity can be altered by attacking culture’s tangible components (a temple) which are often a manifestation of or a support to their intangible (spiritual practice). That... Show moreCollective identity can be altered by attacking culture’s tangible components (a temple) which are often a manifestation of or a support to their intangible (spiritual practice). That identity can also be altered by attacking culture’s intangible in isolation (prohibition of spiritual practice). The research determines the extent to which international adjudicatory mechanisms have considered the causes, means and consequences of intentionally attacking culture’s tangible and intangible components. The research then brings their separate practice together. Based on treaty law, culture will be placed in a legal mould. Culture can be anthropical or natural, movable or immovable, secular or religious, tangible or intangible, regardless of terminology (cultural property, cultural heritage, intangible or tangible cultural heritage). Culture will then be placed in a judicial mould, in order to consider how natural and legal persons can invoke cultural damage in judicial proceedings. Culture is a legacy-oriented triptych made of local, national and international panels. While each panel makes sense in isolation, they are best understood when viewed together. State responsibility and individual criminal responsibility-based jurisdictions have accepted that attacking culture may be both tangible-centred and heritage-centred in terms of typology of damage. They have further recognised that the victims of such attacks can be natural persons as members of the collective or the collective as the sum of natural persons. But the victims can also be legal persons which may participate in judicial proceedings and seek reparations for harm sustained as a result of damage inflicted to their property (a museum’s building as well as its artefacts). Show less
This dissertation explores the relationship between autonomous weapon systems, the concept of human dignity, and international law. The thesis focuses on four branches of international law ... Show moreThis dissertation explores the relationship between autonomous weapon systems, the concept of human dignity, and international law. The thesis focuses on four branches of international law (international humanitarian law, human rights law, criminal law and the law of state reponsibility) and discusses whether autonomous weapon systems can be used in compliance with these bodies of law. The foundational notion of human dignity in international law provides a theoretical framework for the research and writing. The thesis argues that there are certain kinds of decision-making responsibilities that humans should not delegate to autonomous machines. More specifically, it argues that the transfer of decisions involving complex (and often contradictory) values to artificial intelligence software violates human dignity and, therefore, international law. Nevertheless, as the speed of autonomous weapon systems increases, the opportunities for human involvement and intervention in such decisions will inevitably decrease. Thus, to preserve the principle of human dignity (and ultimately international law), autonomous weapons should have a ‘co-active’ design that ensures teamwork and interdependence between humans and the computer software that directs these weapons. Show less
Bedachtzame revolutionairen (Cautious revolutionaries) analyzes debates among the opposition in Czechoslovakia and the German Democratic Republic (GDR) during the last fifteen years of communist... Show moreBedachtzame revolutionairen (Cautious revolutionaries) analyzes debates among the opposition in Czechoslovakia and the German Democratic Republic (GDR) during the last fifteen years of communist rule. It compares how during the 1970s and 1980s the East German and Czech opposition movements debated several issues (the relevance of socialism, the tension between peace and human rights, cultural criticism and environmental activism), how they reacted to the Soviet reforms that from 1985 onwards changed the political landscape in Central and Eastern Europe, and, finally, how they acted during the breakdown of the communist regimes in 1989. Contrary to what current historiography suggests, this book argues that reform socialism, cultural criticism and a critical attitude towards Western consumer society and party democracy were not themes unique for the East German opposition. However, the division of Germany and the permanent flow of emigration to the West did have a decisive impact on the social composition and political outlook of the opposition in the GDR, which, unlike the Czechs, almost completely lacked leading intellectuals and was far more optimistic about the prospects of a reformed socialism. Show less
After years of violating the basic principles of human rights in the name of counterterrorism, Western democracies have begun to implement extraterritorial safeguards that extend protections under... Show moreAfter years of violating the basic principles of human rights in the name of counterterrorism, Western democracies have begun to implement extraterritorial safeguards that extend protections under the Convention against Torture to foreigners abroad. The case of the UK and the development of the “Principles” in 2019, however, presents a particular puzzle to policy-making research, as it challenges traditional hypotheses regarding the opening of problem windows within the Multiple Streams Framework. Accordingly, the UK presents an interesting case in which a powerful state willingly engaged in self-restraint, despite little electoral pressure to do so and a persistently high terrorist threat. Drawing on theory-building process tracing, this paper addresses this gap using data from semi-structured interviews with British policy experts to present a refined hypothesis, which can also be applied to policy fields of little public interest and processes of foreign policy-making. Show less
Yes, according to two landmark decisions of 2006. In January, the High Court of South Korea ordered Dow Chemical and Monsanto, US producers of Agent Orange used during the Vietnam War, to... Show moreYes, according to two landmark decisions of 2006. In January, the High Court of South Korea ordered Dow Chemical and Monsanto, US producers of Agent Orange used during the Vietnam War, to compensate South Korean troops affected by the agents. In June, a French court ordered both the French government and the state railway company SNCF to compensate two families of Jews deported during the Nazi occupation. Will these rulings have any effect on similar cases pending elsewhere? How might they affect law governing the responsibility of non-state actors for crimes under international law? Show less
This research offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children’s rights perspective. It examines the ICC provisions and its case... Show moreThis research offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children’s rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children’s rights standards, particularly as regards the protection of child victims and witnesses, their participation as victims in ICC proceedings and their role as beneficiaries in reparations. The manuscript proposes recommendations that could be adopted in order to guarantee children’s rights in ICC proceedings. The research is a useful tool for practitioners as well as for academics, both in the area of international criminal law as well as children’s rights. Show less
What can international civil society do to further justice for victims and survivors of war crimes and crimes against humanity in cases where perpetrators will never be brought to trial? Is it time... Show moreWhat can international civil society do to further justice for victims and survivors of war crimes and crimes against humanity in cases where perpetrators will never be brought to trial? Is it time to look beyond official state and international organs? Initiatives from civil society can return dignity to survivors, empower ordinary people, educate the public and create lasting records where official justice has been denied. Show less
Het komt in Nederland gelukkig niet vaak voor maar soms is wetgeving in strijd met mensenrechten. Burgers kunnen deze schending in Nederland bij de rechter aan de orde stellen. Wat kan de rechter... Show moreHet komt in Nederland gelukkig niet vaak voor maar soms is wetgeving in strijd met mensenrechten. Burgers kunnen deze schending in Nederland bij de rechter aan de orde stellen. Wat kan de rechter doen als hij hen gelijk geeft? Over wat voor gereedschap beschikt de Nederlandse rechter? En gebeurt het ook weleens dat de rechter helemaal niets doet? Die vragen staan centraal in dit boek. Het geeft een uitgebreid overzicht van de constitutionele remedies in de gereedschapskist van de rechter. Het gaat vervolgens in op het gebruik van de rechter om weliswaar vast te stellen dat wetgeving in strijd is met mensenrechten, maar daaraan geen gevolgen te verbinden omdat daarmee ‘de grenzen van de rechtsvormende taak van de rechter zouden worden overschreden’. De rechter vindt het oplossen van de mensenrechtenschending dan een zaak van de politiek. Kan hij dat eigenlijk wel doen? Ubi ius ibi remedium: waar recht is, moet toch ook een remedie zijn? En doen rechters in andere landen dat ook? Het boek bevat een analyse van de eisen die het Europese recht stelt, en een rechtsvergelijking met de constitutionele stelsels in Duitsland, het Verenigd Koninkrijk en Canada Show less
Any analysis of histories and cultures of remembrance, bears testimony to the witnessing of humans who have either lived through the experiences as insiders or who have not lived through the... Show moreAny analysis of histories and cultures of remembrance, bears testimony to the witnessing of humans who have either lived through the experiences as insiders or who have not lived through the experiences of the past as outsiders. The possibility of bearing witness to (remember) the horrors, trauma, and destitution of the human condition and to consider its implications for human rights education is what this anthology of essays is about. The editors, Anne Becker, Ina Ter Avest and Cornelia Roux, portrayed as insiders, cogently accentuate how human rights violations in South Africa and the Netherlands ought to be expiated through teaching and learning to justify and preserve dignity, self-respect, and freedom towards the advancement of affective life and humanity. Hopefully, through education, it is averred that degradation, inhumanity, and irresponsibility will be undermined and eradicated. The possibility that dignity and decency will remain in place and that it ought to be preserved at all costs even beyond the imagination, and rightfully so, seems to be at the centre of the editors’ concern for the cultivation of human rights education. In this way, apartheid, colonialism and other pervasive torments of human and non-human life should be distanced from genuine educational encounters. Show less
The COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down... Show moreThe COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down measures, which resulted in last-minute order cancellations , non-payment of the already purchased resources and already made products, and hence terminations of employment contracts. International organisations and non-governmental organisations have called upon MNEs to take their corporate social responsibility (CSR) and honour the contracts. The aim of this article is to analyse to what extend this moral appeal is also a (quasi-)legal appeal following from international norms on CSR. After an assessment of the main labour law problems caused by the COVID-19 pandemic, an analysis follows on each of the identified problems. The conclusion of the analysis is that MNEs indeed are not only morally obliged to take their responsibility, but also based on the (quasi-)legal international CSR norms. Show less
This chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily... Show moreThis chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily mounting body of international practice recognizing the lawfulness of the ‘de facto’ processes as dependent on how – rather than by whom – justice is administered and considers the conditions that international law places on such justice. These include the core standards of independence and impartiality, fair trial guarantees, respect for the principle of legality and the nature of the crimes, which pose myriad challenges in practice in the context of de facto justice. Among others, the chapter flags the particular implications of increased resort by non-state actors (like states) to broad terrorism-related crimes as a basis for prosecution. Finally, as meeting the standards required of de facto justice will generally depend on external support, the chapter questions whether under international law states can – or in certain circumstances should – cooperate with or recognize such processes consistently with international law. In an area of dynamic legal and practical development, the chapter reveals a landscape that is evolving to meet the realities of the changing nature of non-state actors’ exercise of power and control, but where tensions, uncertainties and paradoxes remain. Show less
The right to be protected against discrimination, which is enshrined in international and national human rights catalogues, pertains to us all as individuals. And this fits the ambition of the... Show moreThe right to be protected against discrimination, which is enshrined in international and national human rights catalogues, pertains to us all as individuals. And this fits the ambition of the modern human rights discourse to protect everyone against the power of public institutions as well as private persons and groups. But in many liberal democracies there are often only some groups protected against discrimination and merely in certain situations. This entails both legal-theoretical and practical dilemmas. In the first place because such provisions transgress the boundaries of legitimate state conduct as provided by our rights. But also because many people who need protection against discrimination will lack it. In addition, there is the risk that old stigmas are enforced or new one’s created. Moreover, such a course of action suggests a hierarchy of suffering wherein the suffering of some has priority over that of others. Last but not least, group-based protection against discrimination might engender a struggle within and between groups for the available assistance. On account of the foregoing, one may recommend that the Dutch hate speech ban, quota laws, and institutional opinions that speak out against discrimination – which are currently group-based – can benefit from a more general approach. Show less
Discrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who... Show moreDiscrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who suffer because of discrimination without recourse. And that is only one of the dilemmas with group-based approaches to the protection against discrimination. So why are these approaches so common? And can we find a viable alternative?In this new book, legal scholar Erwin Dijkstra answers these questions. His analysis is thorough, original, and thought-provoking. This makes Discrimination and the Foundation of Justice indispensable for anyone who seeks a better understanding of discrimination law, the relevant human rights context, and the debate on improving the protection against discrimination. That debate is brought to life through a thoughtful discussion of hotly debated topics like hate speech, affirmative action, and institutions that speak out against discrimination.As discrimination concerns us all, this book was written as a resource for all. It is meant to be read by those studying discrimination law professionally and the broader public alike. Show less
Non-Binary gender identity is slowly growing in visibility across the globe. In at least seven Member States of the Council of Europe, some judicial, administrative or legislative bodies have... Show moreNon-Binary gender identity is slowly growing in visibility across the globe. In at least seven Member States of the Council of Europe, some judicial, administrative or legislative bodies have already started organising a form of legal recognition for gender identities outside of the binary through the creation of ”third” gender categories and “X” gender markers. This trend is growing fast and the European Court of Human Rights should pronounce itself soon on a potential positive obligation to organize such recognition in the case of Y v. France (pending). In this context, this research reflects on the foundations and flaws of the organisation of gender registration in the Council of Europe Member States. The main focus in this sense is put on the human rights law framework of the Council of Europe and specifically the right to respect for private life (Article 8 of the European Convention on Human Rights (E.C.H.R.)), the prohibition of inhuman and degrading treatment (Article 3 E.C.H.R.) and the freedom of expression (Article 10 E.C.H.R.) in light of the prohibition of discrimination (Article 14 E.C.H.R.). Furthermore, it reflects critically on the recent legal developments that led to the use of “X” gender markers to highlight their inadequacy. In doing so, it points towards the possible abolition of gender registration – or at the very least its suppression from identity documents. Show less
The book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states... Show moreThe book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. It defends the thesis that when European states endeavor to control the movement of migrants outside their territories, they remain responsible under international law for upholding the rights of refugees and more general human rights. The book explores how refugee and human rights law responds to a phenomenon whereby states engage in external activity and seek cooperation with other actors in the context of migration control; how EU law governs and constrains the various types of pre-border migration enforcement employed by the Member States of the European Union; and examines the conformity with international law of current and unfolding practices of external migration control. Show less
Within the framework of social law, the position of temporary agency work has always been a source of some debate. There is an area of tension between the aim for more flexible types of labour on... Show moreWithin the framework of social law, the position of temporary agency work has always been a source of some debate. There is an area of tension between the aim for more flexible types of labour on the one hand and maintaining decent labour relations on the other. For that reason the ILO has engaged in private labour intermediation ever since it was founded. While there was a tendency to forbid, or at least restrict private intermediation in the early years, gradually it became more accepted that, among others, temporary agency work had its merits and that a total ban was useless. In 1997, this culminated in ILO-convention 181, which received wide support. This did not put a stop to the discussion about non-standard types of paid employment. Which types of labour can be considered decent? How do they relate to the human rights? What are the effects of globalisation? At the European level, too, close attention was paid to (for instance, cross-border) temporary agency work. Lastly, the Netherlands itself has it own unique type of public-private regulation. The starting point is the question whether Convention 181 still has value. What are the developments in the social domain with regard to temporary agency work? How do they relate to the various types of flexible labour that are gradually catching up with temporary agency work? The fact that Convention 181 features among the most ratified ILO conventions that have been effected since 1990 makes clear that it is clearly meeting a need. While Convention 181 has met with policy competition from developments such as: decent-isation, human rightification, IFA-isation and Europeanisation, they have not affected its value. Convention 181 advances decent flexibility and fights informal labour and human trafficking. Show less
