Will Business Interests ‘Trump’ Human Rights?

Sean Molloy is a Principal’s Scholar in Law, reading for a PhD at Edinburgh Law School. Sean researches the relationship between business and human rights, and contributes to the LLM in Human Rights as a guest lecturer. In this post, he considers what a Trump presidency might mean for human rights and how this applies to businesses in the USA.

As the world comes to terms with the shock election of Donald Trump, our thoughts quickly turn to the implications of the choice of the American people (or more precisely the electoral colleges). From issues such as US foreign policy in Syria to US relations with Russia, the rights of Muslims and Mexicans, to abortion and the rights of women, both America and the world are left in a state of unease and uncertainty as to what the next four (or possibly even eight) years hold. As the dust settles, further potential consequences on other thus far unmentioned rights-related issues become the topics of thought. One such issue is that of Business and Human Rights (BHR) and in particular what Trump’s election might mean for the protection of rights in respect of the actions of businesses both in America and in regards to American companies operating abroad (see generally Business and Human Rights Resource Centre).

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Report from an IIF Event – Academic Freedom: “national security” threats in Turkey, India and the UK

Can the university be a space where academic freedom reigns while restrictions are increasingly threatening voices and lives outside its gates? Or must spaces for politics be opened up on and off campus in order to address the invasion of national security (and capitalist) logics into the realms of open enquiry? On 27 October 2016, scholars and activists engaged these questions with a focus on the variable effects of the securitisation of university space in Turkey, India and the UK.

A panel on Turkey included academics and students who have lost their jobs as a result of the broader crackdown on dissent following the failed coup in July. They highlighted the connections between increasing violence in the Kurdish regions of Turkey—which precipitated the “Academics for peace” petition that has been used as a pretext for dismissing many signatories from their posts—and the attempts of the state to impose controls on its critics. They asked if the focus on the plight of academics may mean that this violence recedes from the view of international publics. Efforts to maintain solidarity among those now outside the academy and those still within it, as well as initiatives to take the university outside spaces the government controls, provide hope for continued resistance in fearful times and carve out a more universal idea of the University as institution and spirit that always has had to be fought for and salvaged from strategies of subjection from various quarters, not only outside the University. In this way, this panel was inspiring for all university struggles, not just those related to Turkey.

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Workshop on Dignity: Reporting from an Innovative Initiative Fund Event

 

The Edinburgh Legal Theory Research Group had the pleasure of hosting, with the kind sponsorship of the Global Justice Academy through its Innovative Initiative Fund, the Workshop on Dignity on 6 October 2016. The workshop had three speakers: Ioanna Tourkochoriti (National University of Ireland Galway), Colin Bird (University of Virginia), and Adam Etinson (St. Andrews).

This guest post by co-organisers, Lucas Miotto and Paul Burgess, discusses the presentations and debate that took place.

The workshop was well attended by both staff members and students. An interesting, and beneficial, feature of the audience, was that it reflected the interdisciplinary character of the topic; we had attendees coming from myriad fields, such as politics, human rights, international and constitutional law, as well as legal and moral philosophy. Discussion was very lively and, perhaps due to the diverse character of the audience, presenters received feedback and questions from several different angles.

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The Apportionment of Shame: Rodrigo Duterte and the Cosmopolitan Discourse of International Criminal Law

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GJA Student Ambassador, Vivek Bhatt

The Global Justice Academy is delighted to launch the second year of its Student Ambassador programme with a guest post by Vivek Bhatt. Vivek is an incoming student reading for a PhD in Law. He recently completed the MSc in Political Theory at the London School of Economics, and holds a Bachelor of Arts (Advanced) (Honours) and Master of International Law from the University of Sydney. His primary interest is in international laws relating to counterterrorism, conflict, and human rights.  

Rodrigo Duterte’s war on drugs in the Philippines has recently been deemed an international crime. This post reflects upon issues arising from the condemnation of Duterte, asking whether international criminal law can enable the realisation of cosmopolitan ideals. 

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Rodrigo Duterte, President of the Philippines

When elected President of the Philippines on 9 May 2016, Rodrigo Duterte vowed to reduce rates of drug-related crime within the state. Duterte has since waged a violent anti-drug campaign, authorising the extra-judicial execution of individuals thought to use, possess, or traffic illegal substances.  The President’s “death squad” comprises select members of the police force and civilian volunteers. Most of these individuals were lured into their roles as amateur mercenaries through payment, and promises of impunity for their actions. Others were coerced into joining Duterte’s campaign; men and women were guaranteed immunity from punishment for their own drug-related offences in exchange for their services as assassins.[1] The OHCHR suggests that over 850 people have been killed since Duterte’s election, but reports that take into account unexplained deaths during that period suggest the number is closer to 3,000.[2]
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Educating Human Rights in Post-conflict Settings

sm-blogSean Molloy is a Principal’s Scholar in Law at the University of Edinburgh, where he is completing his PhD. In this blog, Sean reflects on discussions about Peacebuilding and Education in South Sudan held during the Inclusive Political Settlements Summer School. He goes on to discuss the relationship between human rights and education in post-conflict settings from a critical perspective.

I had the pleasure of attending the Inclusive Political Settlements Summer School at the University of Edinburgh last June. While there in the capacity as a rapporteur for the third day, I found myself becoming increasingly engrossed in the discussions and presentations in what proved to be a highly informative and constructive day. While each individual presentation warranted further discussion, one presentation in particular invoked a series of questions pertaining to the place of education in societies attempting to emerge from the shackles of violent conflict.

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Reflections from the Association of Human Rights Institutes 2016 Conference

Dr Kasey McCall-Smith and Dr Dimitrios Kagiaros attended the 2016 Association of Human Rights Institutes (AHRI) conference on behalf of the Global Justice Academy. The conference was hosted by the Netherlands Institute of Human Rights (SIM) of Utrecht University, and welcomed over 200 academics and researchers. In this short post, Kasey McCall-Smith reflects on the discussion.

The theme of the conference was ‘50 Years of the Two UN Human Rights Covenant: Legacies and Prospects’. The conference enjoyed presentations, debates and interventions from well-known faces on international human rights scene.

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Getting to Grips with Guantánamo IV: Person Zero & Camp 7

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the fourth in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

In my last post, the use of evidence obtained through torture in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) was introduced. This post further considers how torture impacts detainees held at Guantánamo and the 9/11 trial. An interesting addition to the already complex pre-trial considerations is the possible appearance of a detainee who has not been seen in public since he was rendered into the custody of the CIA. Abu Zubaydah, a Palestinian, is believed to have been taken into CIA custody in 2002 following his capture in Pakistan. After three years on a CIA ‘black site’, he was delivered to Joint Task Force-Guantánamo (JTF-GTMO) in 2006 where he remains a High Value Detainee (HVD) despite never having been charged with a crime. As characterised by former FBI agent, Ali Soufan, Zubaydah is the ‘original sin’ of the US in its post-9/11 anti-terror campaign.

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Getting to Grips with Guantánamo III: Torture Evidence

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the third in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Right now, on a small island in the Caribbean, what will ultimately be one of the most comprehensive examinations of torture is taking place in the form of a military commission proceeding in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case). A common understanding among the observers that are witnessing KSM is that half are there to see the 9/11 trial and half are there to see the torture trial. In anticipation of what many view as a foregone conclusion, the defence lawyers are diligently representing their clients in order to ensure that if the ultimate penalty, death, is pursued in the sentencing phase of the trial; then the brutality that they suffered at the hands of the CIA is in the trial record. This record will be instrumental to mitigation of the death penalty and speak to the reality that much of the evidence presented may have been extracted or derived through torture, which is prohibited under international law.

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Getting to Grips with Guantánamo II: Military Commissions & Law of War Detention

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the second in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo. Click here to read the first post in the series: ‘Rendition to the Caribbean’.

The military commission proceeding against the 9/11 five in the case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) is viewed as having parallel purposes, bringing justice to the nation and victims’ families for the terrorist attacks of 9/11 and laying bare the flagrant torture campaign under the US Central Intelligence Agency’s (CIA) post-9/11 Detention and Interrogation Program (DIP). The KSM case stems from charges filed on 31 May 2011 against the five men charged with conspiracy, murder and destruction of property in violation of the law of war for the conception and facilitation of the 9/11 attacks which resulted in the deaths of close to 3000 people. The subsequent ‘war on terror’ launched by the Bush administration in the aftermath set in motion a ruthless anti-terrorism campaign by the CIA that has been acknowledged by the US government as comprising widespread use of torture in breach of both US domestic law and international law.

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Getting to Grips with Guantánamo I: Rendition to the Caribbean

KMSThis post is by Kasey McCall-Smith: a lecturer in Public International Law and programme director for the LLM in Human Rights at Edinburgh Law School.

This post is the first in a series of blogs that chronicle the history and current state of play regarding the US rendition and detention programme in the immediate aftermath of 9/11. They were written during the author’s visit to Guantánamo Bay, Cuba, to observe military commission proceedings in the case of USA v. Khalid Shaikh Mohammad, et. al.  30 May – 3 June 2016, which is the initial phase of her project Getting to Grips with Guantánamo.

Following the attacks against the US on 9/11, then-President Bush declared open-season on all individuals with any established link to al Qaeda. In furtherance of the Bush declaration, the US Central Intelligence Agency (CIA) commenced what would eventually prove to be the most egregious and calculated rendition and detention campaign in modern, post-WWII history. A campaign defined by blatant breaches of both US and international law. To this day, it serves as a black mark on America’s international image, and the resulting impact of the decisions taken by the Bush Administration in the early days of 2001 continue to resonate today.

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