Author Archives: acontrarioadmin

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October 2, 2024

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Human Rights

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Can a UN Treaty Prevent Human Rights Violations By Transnational Corporations?

Roseline Ogwuche 

Transnational corporations (TNCs) have grown over the years and attained a position of great influence and power.[1] It is argued that their powers compete with those of the state and, in some cases, threaten to strong-arm the state. This growing and unhinged power of transnational corporations has led to gross human rights violations ranging from exploitative labour practices, and environmental pollution, to complicity in repressive governments. TNCs continue to violate human rights with impunity despite many existing instruments and frameworks aimed at addressing the issues of human rights violations by transnational corporations, such as the International Labour Organisation’s (ILO) Conventions, the Universal Declaration of Human Rights (UDHR), the United Nation’s Guiding Principles on Business and Human Rights, (UNGP’s), the OECD Guidelines for Multinational Enterprises, and other regional and national human rights instruments.

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September 14, 2024

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Armed Conflict, Human Rights, International Court of Justice, International Criminal Court, Truth and Reconciliation/TRC

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Part II: Prospects, Pitfalls, and Possibilities in seeking ‘Truth’ in Israel-Palestine

Emilia Vassiliades*

Read Part I here.

Building a Historical Record and Establishing the Truth

Truth and historical record are complex and nuanced concepts in Israel-Palestine.[1] Narrative bridging and reformulation is required to address opposing and irreconcilable claims of history that underpin cyclical violence.[2] For example, Israel justifies the events of Al Nakba (1948) and the Six-Day War (1967) as an attempt to reclaim their homeland and essential defensive actions against antisemitism, divorcing themselves from responsibility for the subsequent large-scale displacement of Palestinians.[3] Masalha and Glazer have contended that this is one part of a wider effort to erase Palestinian claims to self-determination by curating a single-narrative version of historical events.[4] Conversely, many Palestinians perceive the Second Intifada and the 7 October attacks as necessary acts of resistance, while Israel characterises them as unprovoked terrorist acts.[5] Therefore, it is imperative to implement discursive mechanisms that forge an authoritative bridging of historical records as a prerequisite to enduring peace and reconciliation. Thus, acknowledging the entire ambit of victims’ suffering. Kiss corroborates that truth commissions present the opportunity to generate authoritative historical accounts, affirming the value of ‘narrative’ and ‘forensic’ forms of truth.[6] In this way, a truth commission offers the greatest opportunity to begin to reclaim distorted narratives of truth and establish an authoritative historical record.

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September 7, 2024

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International Law

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Prospects, Pitfalls, and Possibilities in seeking ‘Truth’ in Israel-Palestine

Emilia Vassiliades*

In contemporary discourse, few concepts have garnered as much momentum as transitional justice. While it remains contested, a broad definition can be put forth as ‘how societies respond to the legacies of massive and serious human rights violations’. Thus far, the presence of any meaningful efforts at transitional justice in Israel-Palestine have been few and far between, with existing endeavours focused on international criminal proceedings.

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February 6, 2024

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Human Rights, Space

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Celestial bodies as human burial sites? Indigenous Rights and Space

Dr. Hilding Raymond Neilson

Space launches are becoming more and more common as more commercial companies enter the space industrial complex.  Astrobiotics, on January 8, 2024, attempted a significant step forward by becoming the first private enterprise to attempt a lander mission to the Moon called Peregrine. The spacecraft carried a number of payloads including small rovers, NASA experiments, time capsules, and the cremated remains of dozens of humans and one dog.  That latter payload was paid for by the companies Elysium Space and Celestis who act as “Space Burial Companies”. The company Celestis has been selling access to “Space burials” for more than a decade.

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November 17, 2023

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Human Rights, Post Conflict/Peace, Truth and Reconciliation/TRC, Victims Rights, Women's Rights

The Suitability of Restorative and Retributive Mechanisms to Achieving Transitional Justice for Victims of Conflict-Related Sexual Violence in South Sudan

Temitope Adeyemi-Taiye

Introduction

Years of conflict in South Sudan have resulted in widespread acts of conflict-related sexual violence (CRSV) in the nation, especially against women and young girls. The devastating effects of this issue are usually physical harm, psychological issues, and in many cases death of the victims. Despite the peace agreement signed by the political leaders and efforts taken to stop the conflict and the crimes, CRSV is still one of the most prevalent issues in the country. The South Sudanese government and opposition leaders signed the Agreement on the Resolution of Conflict in South Sudan (ARCSS) in an attempt to stop the fighting. However, conflict resumed in 2016, rendering the agreement temporary. The Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS), signed in 2018, included three important components related to transitional justice and peace. The first element is the establishment of a Truth, Reconciliation, and Healing Commission, which is critical for promoting peace. The second component is the creation of an independent hybrid court to hold accountable those who violated national and international laws. The third element is the Compensation and Reparation Authority, which will provide financial and material assistance to those who suffered losses in the conflict.[1] Although this agreement is viewed as a significant move towards peace in the country, it has yet to fully execute its mandates due to the prevalence of conflict-related sexual violence.

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