| 1. |
- Boggio, Andrea, et al.
(författare)
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Introduction
- 2019
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Ingår i: Human Germline Modification and the Right to Science: A Comparative Study of National Laws and Policies. - 1108499872 - 9781108759083
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Bokkapitel (refereegranskat)
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| 2. |
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| 3. |
- Almqvist, Jessica
(författare)
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A Human Rights Appraisal of the Limits to Judicial Independence for International Criminal Justice
- 2015
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Ingår i: Leiden Journal of International Law. - 0922-1565. ; 28:1, s. 91-112
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Tidskriftsartikel (refereegranskat)abstract
- The UN Security Council's involvement in the area of international criminal justice raises concerns about judicial independence. Of primary concern in this study is the degree to which this political organ has come to determine and restrict jurisdiction of international criminal tribunals, with the effect of excluding cases involving alleged grave crimes by actors whose presence in situations of which the Council is seized is supported by its permanent members. This control, it will be argued, undermines the basic conditions for a sound administration of justice, as it impedes these tribunals from selecting the cases that may come before them in accordance with respect for human rights and the rule of law. More specifically, restrictions imposed by political organs, leading to unjustified unequal treatment before the law and the courts of perpetrators and victims of grave crime in a given situation, are contrary to principles of equality and non-discrimination. A theory of international judicial independence should therefore extend to a consideration of the legality of such restrictions and acknowledge it as an essential requirement of independence.
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| 4. |
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| 5. |
- Almqvist, Jessica
(författare)
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A Human Rights Qritique of European Judicial Review: Counter-terrorism Sanctions
- 2008
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Ingår i: International and Comparative Law Quarterly. - 0020-5893. ; , s. 303-331
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Tidskriftsartikel (refereegranskat)abstract
- Litigation involving individuals and entities whose financial assets have been frozen and whose names have been blacklisted in the fight against terrorism is on the rise around the world. However, the global ‘securitization’ of terrorism has rendered court performance of judicial review and the provision of remedies in these cases more difficult. What the main judicial challenges are, the need to overcome them, and how they can be overcome, are identified in this article as questions of central concern in an effort to secure the human right of effective access to justice for persons subjected to counter-terrorism sanctions. Special attention is given to the specific challenges facing the Court of Justice in the European Communities, the manner in which it has responded, and outstanding issues.
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| 6. |
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| 7. |
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| 8. |
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| 9. |
- Almqvist, Jessica, et al.
(författare)
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Contratistas militares privados
- 2010
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Ingår i: Piratas, mercenarios, soldados, jueces y policías: nuevos desafíos del Derecho penal europeo e internacional. - 9788484277484 ; , s. 97-104
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 10. |
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| 11. |
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| 12. |
- Almqvist, Jessica, et al.
(författare)
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Cultural institutions/infrastructure and human rights
- 2016
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Ingår i: Culture and Human Rights: The Wroclaw Commentaries. - : De Gruyter. - 9783110440508 - 9783110432367 ; , s. 136-139
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 13. |
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| 14. |
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| 15. |
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| 16. |
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| 17. |
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| 18. |
- Almqvist, Jessica
(författare)
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Enforcing the Responsibility to Protect Through Solidarity Measures
- 2015
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Ingår i: International Journal of Human Rights. - : Informa UK Limited. - 1744-053X .- 1364-2987. ; 19:8, s. 1002-1016
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Tidskriftsartikel (refereegranskat)abstract
- Responsibility to Protect (R2P) provides a moral basis for collective action through the UN Security Council in reaction to mass atrocity situations. However, this avenue is not always available. The question then arises whether other actors can and should assume responsibility in such circumstances and, if so, which kinds of measures they may pursue. The present article examines this question with a specific interest in the international reactions to the Syrian crisis since 2011. The analysis proceeds on the assumption that the growing usage of solidarity measures outside the UN framework is a sign of the relative success of R2P in terms of gaining ground among international policy-makers. However, according to the article, if solidarity measures as a way of enforcing R2P are to achieve widespread legitimacy, consideration must be paid to the legal concerns generated by this development. In particular, regard must be had to the compatibility of the measures pursued, including asset freeze, arms embargoes and the arming of rebel forces with the law in force.
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| 19. |
- Almqvist, Jessica
(författare)
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Enseñando derechos humanos como materia de derecho internacional en tiempos de expansión, diversificación y confrontación
- 2022
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Ingår i: Academia. Revista sobre Enseñanza del Derecho. - 2422-7153. ; 39, s. 15-49
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Tidskriftsartikel (refereegranskat)abstract
- This study analyzes some of the factors that facilitate and complicate advanced legal teaching in human rights as a subject of international law. The main objective is to offer a reflection on the challenges faced by the teacher in this field and which arise as a result of the expansion, diversification, and confrontation of the subject taught. According to the argument developed, a classical or traditional approach to teaching inspired by international legal positivism does not offer the necessary resources to address these challenges. In its place, the study advances a wider approach that incorporates all the teaching objectives included in the common vision of Human Rights Education (HRE) and adapts them to the realm of advanced legal studies. Unlike a classical approach, the HRE-based framework fosters a more complex account of teaching tasks, which is not limited to cognitive development but extends to moral and ethical development alongside the development of action-oriented capacities. For this reason, it enables the elaboration of responses to the challenges faced that recognize the relevance of all the values sustained by international human rights law (IHRL) as guiding principles for teachers in this field. In addition, it permits a positive appreciation of the contributions made by other disciplines and critical studies of human rights, without discarding the utility of legal positivism to distinguish between IHRL as it is, from what it should be, and from what it can be.
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| 20. |
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| 21. |
- Almqvist, Jessica
(författare)
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‘Even war has rules’: a call for global action to protect civilians
- 2016
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Ingår i: Analysis of the Elcano Royal Institute. ; 23
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- There is an urgent need to address in a comprehensive manner the problem of systematic and flagrant violations of international humanitarian and human-rights law in ongoing conflicts, including its sources and implications. More specifically, possible lines of action to counter the growing importance of non-state armed actors and the use of explosives in populated areas must be discussed. A Global Action Plan on how to prevent, repress and redress serious violations of international law in armed conflict, taking into account the present and future role of UN peace missions, is a must.
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| 22. |
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| 23. |
- Almqvist, Jessica
(författare)
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Global Judicial Governance of Cultural Diversity: The Role of the European Judge
- 2015
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Ingår i: ESIL Conference Paper Series No. 2/2015.
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Konferensbidrag (refereegranskat)abstract
- How to manage a growing cultural and religious diversity with its origin in human mobility across the globe is a pressing theme in Europe. A process of shrinking tolerance of diversity in favour of the imposition of prohibitions of certain acts grounded in culture is now observed. Both female genital mutilation involving unjustified violence against children and women and other cultural practices believed to be oppressive, such as the full-face Islamic veil in public places, have been criminalized. This development prompts the question about the role of European judges in the enforcement and review of these bans. More generally, it brings into focus the prospects of judicial governance in times of diversity, whether it is to provide justice in individual cases, protect fundamental rights, or promote transparency in law-making processes. In this light, the aim of this paper is to examine the nature and degree of European judicial engagement with cases involving law-breaking depending on cultural differences. Of main interest are the challenges currently facing European judges in the process of judging and sanctioning the new crimes as well as in the performance of judicial review.
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| 24. |
- Almqvist, Jessica
(författare)
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Human Rights, Culture and the Rule of Law
- 2005
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Bok (refereegranskat)abstract
- This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda.Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines).Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.
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| 25. |
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| 26. |
- Almqvist, Jessica
(författare)
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Krisposeringarna - analys
- 2021
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Ingår i: JP Infonet.
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- Personer som deltar i en väpnad konflikt och som i samband med konflikten poserar på bild eller film intill stympade eller kränkta människokroppar kan lagföras för krigsförbrytelse i Sverige. Enligt Högsta domstolens avgörande 2021-05-05, mål nr B 5595-19. utgör en sådan handling en allvarlig kränkning av de dödas personliga värdighet som är straffbelagt med fängelse. Artikeln analyserar fallet.
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| 27. |
- Almqvist, Jessica, et al.
(författare)
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La Corte Internacional de Justicia como foro para el litigio estratégico de Derechos Humanos
- 2021
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Ingår i: Los nuevos retos de la Corte Internacional de Justicia : Los desafíos de la Corte Internacional de Justicia y las sinergias entre la Corte y otros órganos jurisdiccionales - Los desafíos de la Corte Internacional de Justicia y las sinergias entre la Corte y otros órganos jurisdiccionales. - 9788412369953 - 9788412369960 ; , s. 215-243
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- An increasing number of litigations before the International Court of Justice (ICJ) concerns situations involving serious crimes (genocide, crimes against humanity and war crimes). However, to date, several of these litigations have failed to deliver justice in the form of reparations to the victims of these crimes. Two recurrent legal obstacles impede effective results: the limits imposed on this court’s jurisdiction as well as the strict rules of evidence imposed by the court itself. Following an in-depth consideration of these obstacles, the chapter discusses the question whether and, if so, why the judicial avenue offered by the ICJ can still be seen as useful from the perspective of strategic human rights litigation.
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| 28. |
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| 29. |
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| 30. |
- Almqvist, Jessica
(författare)
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Maximising the outcomes of Spain’s political engagement with the UN
- 2018
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Ingår i: Analysis of the Elcano Royal Institute. ; 25
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Tidskriftsartikel (refereegranskat)abstract
- Spain’s political engagement with the UN is based upon resources, expertise and strategic interests. This paper discusses the stability and degree of commitment of Spain’s engagement, despite internal political changes and the challenges it has faced. Following the economic crisis, which led to a drop in its financial contributions, Spain’s commitment to the organisation is regaining force and intensifying as a result of its membership of the Security Council (2015-16). With its current seat on the Human Rights Council (2018-20), and given its recent work on the Security Council, Spain is particularly well placed to promote an international human rights agenda and a programme of action aimed at rebuilding collective security. This strategy renews Spain’s key priorities at the UN and reinforces its basic commitment to the pursuit of global values through the strong support of multilateral frameworks and initiatives.
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| 31. |
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| 32. |
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| 33. |
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| 34. |
- Almqvist, Jessica
(författare)
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Reclaiming Political Rights During a Rule of Law Crisis : The Role of the UN Human Rights Committee
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Ingår i: Hague Journal on the Rule of Law. - 1876-4045.
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Tidskriftsartikel (refereegranskat)abstract
- How should democratic states approach and respond to secessionist movements using tactics contrary to the constitution to achieve their goals? What is the role of international human rights mechanisms in these processes? This article sheds light on these questions by examining how the UN Human Rights Committee approached and assessed two complaints that came before it in the wake of the Catalan Declaration of Independence in 2017. The aim is to discuss the Committee’s examination of the merits in the two cases and the procedural hurdles faced. Specifically, it will analyse the effects of examining the merits in hindsight and the extent to which this perspective may have influenced its views. It will further reflect on the potential costs of acting with procedural flexibility towards the two complaints which, while driven by a sense of urgency, did not meet the threshold for irreparable harm. It is concluded that, while a protective stance towards petitioners is the bedrock of its mandate related to individual complaints, acting with such degree of flexibility risks undermining its procedural effectiveness and the integrity of its individual complaint procedure. It also made it come too close to act as a fourth instance in relation to facts that had already been examined by domestic courts by the time of its assessment. At the same time, it did not challenge Spain’s rule of law approach as such.
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| 35. |
- Almqvist, Jessica, et al.
(författare)
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Reconocimiento de Estados y de Gobiernos
- 2012
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Ingår i: Manual de Derecho Internacional. - 9789870323266 ; , s. 113-128
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 36. |
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| 37. |
- Almqvist, Jessica, et al.
(författare)
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Regulation of human germline modification in Europe
- 2019
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Ingår i: Human Germline Modification and the Right to Science: A Comparative Study of National Laws and Policies. - : Cambridge University Press. - 1108499872 - 9781108759083 ; , s. 155-216
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Bokkapitel (refereegranskat)
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| 38. |
- Almqvist, Jessica
(författare)
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Rekindling the Agenda on Women, Peace and Security: can the EU lead by example?
- 2021
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Ingår i: Analysis of the Elcano Royal Institute. ; 2021:36, s. 1-1
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The terrain of war and peace is not gender neutral. This was recognised for the first time by the UN Security Council in its resolution 1325 (UNSC 1325) adopted on 31 October 2000. It is a historic decision for the global efforts to achieve the equality of women and girls in this terrain. For the first time, the principal organ with primary responsibility for international security acknowledged a longstanding neglect of women and girls in international responses to armed-conflict situations. It also set out a pathway for remedying this neglect.
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| 39. |
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| 40. |
- Almqvist, Jessica
(författare)
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Searching for Common Ground on Universal Jurisdiction: The Clash between Formalism and Soft Law
- 2013
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Ingår i: International Community Law Review. - : Brill. - 1871-9732 .- 1871-9740. ; 15:4, s. 437-457
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Tidskriftsartikel (refereegranskat)abstract
- The possibility of prosecuting serious international crimes before domestic foreign courts when territorial courts are unwilling and unable to perform this function and international criminal tribunals with suitable competences are unavailable has been intensively debated since the time of the Spanish arrest warrants against Pinochet. The African disapproval of decisions by European courts to exercise universal jurisdiction over serious crimes allegedly perpetrated by former African leaders indicates the absence of common ground on where and how such jurisdiction is to be utilized. The recent judgment of the International Court of Justice in the dispute between Belgium and Senegal sheds new light on how consensus on these issues might be forged. The Court’s commitment to formalism in the ascertainment and application of international law together with its ends-focused reasoning on the substance of that law reinforces the view that the UN Convention against Torture offers a non-controversial legal basis for upholding universal jurisdiction competences in these cases. However, the conclusions reached in the judgment can also be criticized for clashing with soft law recommendations in the field, pointing to the advantages of the organization of high-profile trials located in Africa in spite of the practical difficulties involved.
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| 41. |
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| 42. |
- Almqvist, Jessica
(författare)
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Selecting the next UN Secretary-General: a shared responsibility
- 2016
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Ingår i: Analysis of the Elcano Royal Institute. ; 62
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The upcoming election of a new Secretary-General can be a potential turning point for the UN in its efforts to achieve a more transparent, inclusive and gender-balanced administration of its affairs. For this, however, the Security Council should recommend to the General Assembly at least two of the officially nominated candidates, including women, following meetings with each of them and well in advance for its members to have a fair opportunity to choose and share responsibility for the final outcome. Spain, as an elected member of the Security Council, has a unique opportunity to promote woman candidates.
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| 43. |
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| 44. |
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| 45. |
- Almqvist, Jessica, et al.
(författare)
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The European Union and the Recognition of States
- 2019
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Ingår i: Changing Borders in Europe : Exploring the Dynamics of Integration, Differentiation and Self-Determination in the European Union - Exploring the Dynamics of Integration, Differentiation and Self-Determination in the European Union. - 9781138588820 - 9780429492044 ; , s. 129-145
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Bokkapitel (refereegranskat)
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| 46. |
- Almqvist, Jessica
(författare)
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The Impact of Cultural Diversity on International Criminal Proceedings
- 2006
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Ingår i: Journal of International Criminal Justice. - : Oxford University Press (OUP). - 1478-1387 .- 1478-1395. ; 4:4, s. 745-764
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Tidskriftsartikel (refereegranskat)abstract
- This article analyses the impact of cultural diversity on international criminal proceedings, and what may be done to counter the unfortunate conditions — limited (or lack of) understanding, alienation and disagreement — resulting from this diversity. Each of these conditions, if ignored, seriously undermines not merely the efficacy of international criminal tribunals, but also their worth from the standpoint of those who are supposed to benefit from them, i.e. actual participants (accused, witnesses and victims) and affected populations. At present, international criminal tribunals primarily understand the problem of cultural diversity as one of how to cope with linguistic variations. However, a persistent focus on culture as language hides differences in terms of other culture-specific components of equal relevance to their work, notably socio-cultural norms and convictions about justice. These variations are especially difficult to tackle. In this context, the article examines whether national courts, which are assumed to conduct their proceedings in more culturally homogenous settings, offer more appropriate fora of adjudication of grave crimes under international law.
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| 47. |
- Almqvist, Jessica
(författare)
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The Politics of Recognition, Kosovo and International Law
- 2009
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Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- This working paper offers an international legal perspective on the diverse and conflicting international reactions in response to Kosovo’s Declaration of Independence on 17 February 2008. Considering the failure of the UN Security Council in conjuring up a common position, whether a condemnation or approval of Kosovo’s desire to become an independent and sovereign member of the international community, each State was left to decide, on its own terms, how to react. The Council’s failure is the upshot to what may be defined as the ‘politics of recognition’, ie, a diversity of differing and conflicting reactions of third States in response to the Kosovo Declaration, which reproduce the main positions in the original dispute rather than settling it.Against this background, the aim of this paper is three-fold. First, it seeks to explain the emergence of these politics. Secondly, it examines the complex nature of the disagreement that lies behind the diverse reactions, which includes a consideration of the reasons behind the different positions of recognising and objecting States as well as an interpretation of why so many States have chosen to remain silent. Thirdly, the paper reflects on the unfortunate implications of these politics. While by no means discarding the inherent international legal dimensions to the original dispute between Pristina and Belgrade, and a role for the International Court of Justice, the paper expresses hesitation about the capacity of international law and the Court to settle the disagreement about international law that is now developing. Furthermore, an exclusive focus on international law detracts attention from the need to continue to approach realities on the ground with a view to establishing a sustainable peace in the Balkan region.
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| 48. |
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| 49. |
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| 50. |
- Almqvist, Jessica
(författare)
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Towards more effective global security governance through UN@EU cooperation
- 2015
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Ingår i: Analysis of the Elcano Royal Institute. ; 32
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- In a UN Security Council meeting (UNSC) on the role of regional organisations and sub-regional arrangements held on 9 March 2015, the UN Secretary-General (UNSG) held that the UN is unable to tackle current security threats on its own. The complexity of these threats requires that it work more closely with regional organisations, including the EU, through improved cooperation and partnerships in several areas, such as conflict prevention, crisis management, peacekeeping and peace-building. The importance of the role of regional organisations was reaffirmed at the UN General Assembly (UNGA) High-Level Thematic Debate on Strengthening Cooperation between the United Nations and regional and sub- regional organisations held on 4 May. The object of the debate was to address questions such as how to strengthen UN partnerships with regional organisations and the need to improve regional capacities in the area of peace and security more generally.
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