Sovereignty Redefined: Human Rights and The Responsibility To Protect (original) (raw)

The United Nations (UN) and human rights: Challenges and prospects

African Journal of Political Science and International Relations, 2020

The two World Wars (1914-18, 1939-1945) cannot be forgotten easily. This is because of their uncanny brutality and imponderable consequences which in no small measure demonstrated man’s capacity to destroy himself and decimate the environment. This assertion is predicated on the millions of people who were gruesomely killed, maimed and properties wantonly destroyed. The proliferation of weapons of mass destruction undoubtedly became an easy way to mediate an insatiable economic instinct. Propelled by the desire to save the human family from imminent extinction, world leaders decided to stop the carnage. They were convinced that upholding the tenets of human freedom in all ramifications offers a guarantee for human security and development. Therefore, this study seeks to examine the extent the UN has been able to ensure that human rights become the cornerstone of human security, its challenges and prospects. This is a qualitative study, and data collected was based solely on secondar...

United Nations and Human Rights: The Unfinished Business

This Article reflects on the United Nations and its goals in the contexts of its sixtieth founding anniversary. It foregrounds the point that the 1948 Universal Declaration of Human Rights (UDHR) remains the central element in the UN’s goal of promoting peace and preventing the cause of war. Notheless, it argues that the global body faces two major constraints. One, the continuing controversy over what constitutes rights and its consequent bifurcation into two sets of rights that are either negative or positive, namely, civil and political rights and social-economic and cultural rights. And two, the post 9/11 indiscriminate war against terrorism which has spawned a raft of anti-freedom legislations, especially in the West. Against this background, the article concludes that the survival of the UN would depend on its capacity to privilege the inalienability and indivisibility of the rights of man; and that if the global body fails in its goals of promoting global peace; it is not the UN that has failed per se but its member states.

People First, Nations Second: A New Role for the UN as an Assertive Human Rights Custodian.

The tragedy of East Timor in 2000 coming so soon after that of Kosovo focused attention on the weaknesses of previous United Nations missions that have been ad hoc, reactive, and narrowly focused on solving the international emergency of the moment. The United Nations and its Members need to focus on the need for timely intervention to save civilian populations from mass slaughter. It must adopt a new role as the assertive custodian of human rights because the use of its enforcement powers in the domestic affairs of rogue States may have a deterrent effect. Therefore, it should lead the way in defining its interventionist role in the emerging international norm of humanitarian intervention.

The UN as a Human Rights Violator? Some Reflections on the United Nations Changing Human Rights (2003)

Human Rights Quarterly, Vol. 25, p. 314, 2003, 2003

This article attempts to explore how changes in the UN's mission may force it to rethink its responsibilities in terms of human rights. Until recently, the UN had never thought of itself as actually capable of violating human rights. But a number of evolutions have made this a possibility. Starting with peace operations and culminating with the international administration of entire territories, the UN is increasingly taking on sovereign-like functions. This evolution may be seen as a larger metaphor for what the UN is becoming, from a traditional inter-governmental organization to one increasingly entrusted with tasks of global governance. With these new powers, it would seem, come new responsibilities.

Human Rights in the Seventy-Fifth Year of the UN

Ethics & International Affairs, 2020

As part of the special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” this essay looks at the UN's human rights efforts through the lens of the ethics of survival, normative ethics, the ethics of protection, institutional ethics, and the ethics of the human predicament in the face of the Sustainable Development Goals (SDGs). The essay finds that while the consecration of the right to life has made a contribution to the ethics of human survival, the overall impact of the human rights program has been marginal. Normative ethics shows the UN performing magisterially in drafting and adopting a body of international norms for the universal protection of human rights. However, when it comes to the ethics of protection, the UN performs poorly because of the numerous oppressive governments that control the world body. On the ethics of the human predicament, this essay finds that SDG 16, which is devoted to development, peace, justice, and strong institution...

Human Rights, Sovereignty, and the Responsibility to Protect

Constellations, 2015

In 2005 the General Assembly unanimously endorsed the Responsibility-to-Protect doctrine. This led to heated debates that suggest that principled commitments to human rights and sovereignty are on a collision course: if one values the international protection of human rights then one must accept that this may undermine the sovereign equality of states and vice versa. As a way out of this dilemma, several authors (e.g. Rawls, Habermas, Cohen) follow a strategy of minimizing and de-internationalizing human rights standards within their proposals for a new international order. These proposals suggest that we can have international enforcement of minimal standards and domestic enforcement of demanding standards, but that we cannot have international enforcement of demanding standards without simultaneously undermining the sovereign equality of states. To question this assumption I switch the focus of analysis from the context of military intervention to the global economic order and show how demanding international human rights standards can play an essential role in strengthening the sovereign equality of states within global institutions. On this basis, I offer an account of the international community’s responsibility to protect human rights that is more demanding than the currently acknowledged account and which avoids undermining the sovereign equality of states.

Human rights and international humanitarian law as it affects armed conflicts since 1945: An appraisal

2013

Although the idea of human rights has been as old as man depending on the culture and traditions of different peoples of the world, however it was the colossal damages of the World War II that made it imperative to institute and affect these inalienable rights and make these rights universal. While it can be said that to a very large extent, the victorious powers through the United Nations achieved their aims of making the basic rights of human beings have universal status. In practice, the purported universality has not yet been achieved. Many peoples of the world still view the universal declaration of human rights as the views and interpretations of the West European countries and therefore they may not be applicable outside Europe. The paper argues that the Universal Declaration of Human Rights may not perfectly represent the views of all the people of the world owing to differences in culture, sex, religion, to mention but a few. Thus it is not a binding rule to all the countri...