All tagged International peace and security

Law of peacemaking and the promise of a new beginning for children

Courtesy of the Oxford Human Rights Hub (October 23, 2016).

The act of peacemaking may be viewed as the promise of a new beginning. It is latent within the sui generis legal form of the self-constituting process, and the often layered human rights transformation at its substantive epicentre. In the complex and evolving legality that constitutes peacemaking, international human rights claims often have heightened performativity. Or in other words, international human rights law (itself born of international peacemaking processes) is both applicable to, and performative within, the self constituting process of peacemaking. However, the layered human rights transformation is often partial: children and their rights are particularly likely to be invisible in the successive processes and agreements that constitute peacemaking. Yet, there is an international legal obligation to respect and ensure their rights ‘in’ and ‘through’ peacemaking,  as affirmed by the Committee on the Rights of the Child and underwritten by the Security Council. Further, as noted in an earlier posting,  peacemakers may for multifarious reasons — some principled, others political — commit to ‘transforming children’s rights as part of human rights’. So, why, then, are children mostly invisible in peacemaking?

Seizing 'the radical progressive potential of peace processes'* for children

Courtesy of IntLawGrrls (September 16, 2016).

The act of peacemaking may be viewed as the promise of ‘a new beginning’.  The promise is latent within the complex and evolving legality that binds the self-constituting process, and the often layered human rights transformation at its substantive epicentre. Therein, as illuminated and crystallised by Christine Bell, lies the ‘radical progressive potential of peace processes’.*  Like the progression of the process itself, it is made possible, at least partially, by legal and political imagination.  The challenge is to seize this creativity to ensure children are part of this ‘new beginning’. Or in the words of George Bernard Shaw, it is about ‘dream[ing] things that never were and [...] say[ing] 'why not?'' The aim of these six principles, informed from a critical and constructive probe of peace processes from a juristic, human rights and child-rights perspective, is to support this act of legal and political imagination. 

Converging law, Security Council resolutions and (un)intended international legal effects

Courtesy of IntLawGrrls (November 12, 2015).

As opined elsewhere,* international human rights law may be viewed as the juristic holder of our ‘embodied vulnerability’ to hurt and harm. And, as such, it transcends time and space; it continues to be seized, shaped and expressed by those made vulnerable. However it is also in flux: its legal expression is partial and ‘embodied vulnerability’ itself is fluid. Consider treaty law: layered beneath the content and framing of substantive treaty provisions is the treaty making process; constructive ambiguity may be co-opted as a tool to promote agreement; notable absences may signify an agreement shortfall—or alternatively unexpressed or as yet unfelt/imagined vulnerability. Viewed in this way, the imperative of deepening the connection between ‘embodied vulnerability’ and its legal expression is ongoing. And this is evidenced by the adoption of multiple thematic human rights treaties in the past quarter of a century. However, two conflicting dynamics undergird the prima facie certainty of the law: the ever present forces of progression and regression. The Security Council is an extraordinary source of those forces; and the thematic resolutions on children a particular expression of their sometimes progressive, other times regressive effects. 

Converging law, (un)intended vulnerability and international peace and security

Courtesy of IntLawGrrls (October 22, 2015).

The Security Council may be viewed as the juristic holder of ‘international peace and security’. Yet this is largely undefined in the Charter of its birth. And so too is its relationship with broader international law. Legal arguments abound: some view the Council unbound; others view it bound with discretion to depart for its primary responsibility (and of course there is a spectrum in between). In the search for certainty, international legal equivocation rules. Ipso facto, the Council is a holder of extraordinary power. Yet threats to international peace and security often have a legal expression—egregious violations of international humanitarian and human rights, some of which may be international crimes. Thus viewed, undergirding the Council’s engagement is a shift from ordinary to extraordinary ‘embodied vulnerability’ to hurt and harm. And it, therefore, may be supposed retracting these vulnerability shifts—by conducing compliance with applicable international legal obligations—lies at the core of its decision-making about maintaining international peace and security. And increasingly, if non-consistently, the Council so acts. It, then, is an extraordinary expression of the omnipresent interrelations between power and ‘embodied vulnerability’ to hurt and harm—and its thematic resolutions on children a particular embodiment of those same interrelations.