All tagged United Nations Security Council
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?
Fourth of a series of four postings, courtesy of IntLawGrrls (September 15, 2016)
Images of violated spaces of learning — untouched since the moment of flight — have a visceral luminosity that belies the absence within. Latent there are the attacks or acts of violence of the recent past: the incursions of spatial and bodily inviolability, or as opined in postings one and two, violations of the duo dimensional international legal obligations to protect embodied learners, and their spaces of learning from attack. Lesser stated (if there is no rapid recovery response or alternative) is the multi-dimensional hurt and harm that lies beyond: the violations of the rights to, in and through education (as documented in posting three of this series). And the hurt and harm beneath: domestic embodiment of those rights may be partial and/or access to public affairs or remedies limited. Or in other words, the vulnerability shift from ordinary to extraordinary embodied vulnerability may precede, undergird and be exacerbated by the attack. The sole form of redress, then, may be international law.
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.
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.