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- Halme-Tuomisaari, Miia, et al.
(författare)
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New Paradoxes in Human Rights
- 2021
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Ingår i: The SAGE Handbook of Cultural Anthropology. - 9781529703870 - 9781529756425 ; , s. 604-611
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Bokkapitel (refereegranskat)
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- Halme-Tuomisaari, Miia
(författare)
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Toward Rejuvenated Inspiration with the Unbearable Lightness of Anthropology
- 2021
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Ingår i: AJIL Unbound. - : Cambridge University Press (CUP). - 2398-7723. ; 115, s. 283-288
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Tidskriftsartikel (refereegranskat)abstract
- How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent anthropological scholarship on international organizations, bureaucracy, and documents, this essay discusses the knowledge practices and legal technicalities that characterize the international community of human rights lawyers. In particular, I reflect on the legal fiction of difference governing UN treaty bodies’ operations and the empirical sameness of participants in different formal categories in the shared community of practice of human rights lawyers. I conclude by suggesting that anthropological insights could significantly enrich our shared understanding of the diverse and subtle effects of human rights monitoring. Simultaneously such insights may offer rejuvenated inspiration for those international lawyers tackling a sense of losing faith in their discipline, both as an influential tool of world improvement and an invigorating intellectual tradition.
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- Korhonen, Outi, et al.
(författare)
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Planned Misery of the Children in Al-Hol : Distancing as Bar to Rights and Consular Protection
- 2022
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Ingår i: Beijing Law Review. - : Scientific Research Publishing, Inc.. - 2159-4627 .- 2159-4635. ; 13:4, s. 864-881
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Tidskriftsartikel (refereegranskat)abstract
- Why are Western governments not retrieving detained minor nationals from Al-Hol’s purgatory-like conditions? This article shows, under international human rights law, that the status of detained children as rights bearers is uncontroversial, as is their right to positive protection. We raise issues from recent debate on the securitisation of geopolitics in the relationship between the Middle East and the West, to demonstrate that there is little randomness, accidental, or arbitrary in the detained children’s suffering. The suffering is a product of the socio-economic arrangement that characterises our prevailing world order—and that is connected to international human rights law’s “civilising mission”. We conclude by asking: How is the legitimacy of the human rights regime sustained despite fundamental inconsistencies and failures to realise its purpose?
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