The Long-Term International Law Implications of Targeted Killings Practices

One of the most crucial and enduring questions about “targeted killings” is: How will the currently expanding practices of singling out individuals in advance and eliminating them in other countries without accountability impact the established international legal system? International law, since at least World War II, has developed various mechanisms to limit killing in general, including targeted killings. These take the form of vigorous protections for the right to life under human rights law; safeguards against the interstate use of force while permitting states to protect themselves where necessary; and aiming to strike a balance between the principles of humanity and military necessity during armed conflict through international humanitarian law (IHL)

Introduction to socio-economic rights in the South African Constitution

No Abstrac

Human rights and the use of autonomous weapons systems (AWS) during domestic law enforcement

Much attention has been paid during the last couple of years to the emergence of autonomous weapons systems (AWS), weapon systems that allow computers, as opposed to human beings, to have increased control over decisions to use force. These discussions have largely centered on the use of such systems in armed conflict. However, it is increasingly clear that AWS are also becoming available for use in domestic law enforcement. This article explores the implications of international human rights law for this development. There are even stronger reasons to be concerned about the use of fully autonomous weapons systems—AWS without meaningful human control—in law enforcement than in armed conflict. Police officers— unlike their military counterparts—have a duty to protect the public. Moreover the judgments that are involved in the use of force under human rights standards require more personal involvement that those in the conduct of hostilities. Particularly problematic is the potential impact of fully autonomous weapons on the rights to bodily integrity (such as the right to life) and the right to dignity. Where meaningful human control is retained, machine autonomy can enhance human autonomy, but at the same time this means, higher standards of responsibility about the use of force should be applied because there is a higher level of human control. However, fully autonomous weapons entail no meaningful human control and, as a result, such weapons should have no role to play in law enforcement.This article is based on a presentation made by the author at the informal expert meeting organized by the state parties to the Convention on Certain Conventional Weapons (CCW) 13–16 May 2014, Geneva, Switzerland.http://www.press.jhu.edu/journals/human_rights_quarterly/index.htmlam2016Centre for Human Right

Alston and Heyns on Unlawful Killings: A Compendium of the Jurisprudence of the United Nations Special Rapporteurs on Extrajudicial, Summary or Arbitrary Executions from 2004-2016

This book provides a detailed overview of the law and policy related to unlawful killings and the right to life. It is organized into the key thematic issues and types of killings that arose during the mandate of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004-2016. Each chapter contains an introductory overview and selected extracts from UN Special Rapporteur reports to the United Nations General Assembly and the Human Rights Council and other normative work, and covers the applicable international law, policy considerations, and common fact scenarios. Philip Alston held the mandate of United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004 and 2010; Christof Heyns did so from 2010 to 2016. This book was created to provide easy access to the work of the Special Rapporteurs, and to be a useful guide for those studying and working to promote respect for human rights. The book was edited by the two rapporteurs, together with their main advisors during their tenure as mandate holders, Sarah Knuckey and Thomas Probert.https://scholarship.law.columbia.edu/books/1381/thumbnail.jp

The long-term international law implications of targeted killing practices

One of the most crucial and enduring questions about “targeted killings” is: How will the currently expanding practices of singling out individuals in advance and eliminating them in other countries without accountability impact the established international legal system?http://www.harvardilj.org/am2014ai201

Protecting the right to life of journalists : the need for a higher level of engagement

Journalists play a central role in fostering a society based on the open discussion of facts and the pursuit of the truth, as opposed to one based on rumor, prejudice, and the naked exercise of power. As a result, journalists are often literally in the line of fire and deserve special protection. This article considers the characteristics of deadly attacks on journalists over the last two decades and examines how the applicable legal and policy frameworks can be used better or improved to provide a higher level of protection. Impunity, often a by-product of the politicized nature of journalistic activities, is seen as the major cause of continuous attacks on journalists. The conclusion is drawn that one of the key elements of a strategy to better protect journalists is to “elevate” the issue on a number of fronts: to move prevention and accountability from the local to the central level within domestic jurisdictions, while simultaneously heightening the level of international engagement with this issue.http://www.press.jhu.edu/journals/human_rights_quarterly/hb201

“To save succeeding generations from the scourge of war” : Jan Smuts and the ideological foundations of the United Nations

The story of the founding of the United Nations reflects its complicated ideological foundations. Jan Smuts, who wrote the words “human rights” into the Charter, was also the premier of white-ruled South Africa. Smuts embodies the dualism that runs through international law itself: the pursuit of the common good is invariably tied to its own interest. It was only through the interventions of the emerging global community, and in particular the developing world—and consequently the repudiation of Smuts and the apartheid policies of his successors —that human rights attained a more universal nature. Human rights have deeper, but also darker, roots than many current accounts would have it.http://www.press.jhu.edu/journals/human_rights_quarterly/index.htmlam2017Centre for Human RightsProcedural LawProcedural La

The Hidden Crisis: Mental Health on Times of Covid-19

Proceedings Report of the Webinar in The Hidden Crisis: Mental Health on Times of Covid-19The COVID-19 pandemic is most notably a physical health crisis, but it strongly affects mental health as well. Social isolation, job and financial losses, uncertainty about the real impact of the crisis, and fear for physical well-being affect the mental health of many people worldwide. These stressors can increase emotional distress and lead to depression and anxiety disorders. At the same time, there are enormous challenges on the health care side. People in need of mental health support have been increasingly confronted with limitations and interruptions of mental health services in many countries. In May 2020, the United Nations already warned that the COVID-19 pandemic has the seeds of a major mental health crisis if action is not taken. The panel discussed and analysed mental health in times of the COVID-19 pandemic with reference to South Africa, Nigeria, Germany and Spain.Academy of Science of South Africa (ASSAf) German National Academy of Sciences Leopoldina, Leopoldina, German