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Research Bulletins
Research Bulletin of Democracy and Human Rights Group (No. 6)

September 2009

Dr. Mahmoud Reza Golshanpajooh

Department of International Studies / Democracy and Human Rights Research Group



 

Abstract

 Table of contents:

-Violations of Human Rights and Humanitarian Law in Gaza/Author: Abolfazl Halim Zamharir

-European Union and Human Rights Issue in Third World Countries: Approach to Human Rights Dialogues/Author: Mohammad Reza Ghaebi

-Torture and the “Distributive Justice” Theory of Self-Defense: An Assessment /Author: Whitley Kaufman

-Review of Human Rights Council’s Resolution on Defamation of Religions/Author: Fardin Kharrazi
 
-NGOs, Relentless Expansion of UN System/Author: Dr. Mahmoud Reza Gholshan-Pazhouh


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-Violations of Human Rights and Humanitarian Law in Gaza/ Author: Abolfazl Halim Zamharir

The Zionist regime has recorded a wide collection of human rights violations in its 22-day war in Gaza and almost all conventions related to human rights and humanitarian law have been violated. That disastrous event was caused by a collection of Zionist regime’s domestic developments, regional conditions, and international circumstances including political rivalries in Israel prior to elections, new regional groupings, and transfer of power in the United States. In the meantime, heinous crimes were committed against civilians and non-military locations. This paper casts a relatively detailed look at those crimes from the viewpoint of international criminal law and then from the viewpoint of accepted norms of human rights and humanitarian law. Then, measures and positions taken by the United Nations Security Council will be reviewed.

keywords:
 War in Qaza, Zionist regime, International Law, International Humantarian Law
 
-European Union and Human Rights Issue in Third World Countries: Approach to Human Rights Dialogues/ Author: Mohammad Reza Ghaebi
 

The human rights issue has turned into a major subject of dialogues in international politics over the past six decades and its influence on power relations can now be observed all through the world. The European Union has played a significant role in this regard and “human rights” is among major components of EU’s foreign and security policies. This paper first reviews approaches taken by the European Union to interact with other countries and while discussing various approaches taken by the Union, explains the dialogue approach in more detail. Afterwards, types of dialogues, agendas for human rights dialogues, as well as principles, objectives, practical arrangements and management of EU’s human rights dialogues are discussed. The paper shows that although such dialogues take place both with governments and the civil society, the European Union considers governments as the main responsible for establishment of democracy and observance of human rights.

keywords: Human Rights, EU, Third World 

-Torture and the “Distributive Justice” Theory of Self-Defense: An Assessment, Source: Ethics, and International Affairs, Vol. 22.1, spring 2008/ Author: Whitley Kaufman

 
Torturing suspects of terrorist acts under Bush Administration, which was justified according to a special definition of “torture” has been a hot debate for human rights activists. The main question was whether suspects could be tortured to gain information on possible and immediate threats to citizens and national interests of the United States. The theory of “distributive justice” which has been explained by Philip Montague in his book, Punishment as a Societal Defense, has been used as an excuse to justify suspects in such cases. This paper discusses the theory in detail and criticizes it as an unacceptable justification for torture. The author maintains that the principle of self-defense does not necessarily culminate in use of force against an aggressor and there is no reason for use of force against a person who is in custody and totally controlled. Even if such a person has been implicated in acts of terrorism, he is now simply an observer in custody and, therefore, this theory cannot justify torture in such cases.

Keyword: Torture, Distributive Justice Theory, Self Defense
 
-Review of Human Rights Council’s Resolution on Defamation of Religions Author: Fardin Kharrazi
The United Nations Human Rights Council adopted a resolution during its ninth session in September 2008 passing a proposal by Muslim countries which called for distinction to be made between Islam and terrorism. It also called on all countries to react to all forms of racism and xenophobia. This paper will briefly review the resolution and background of that proposal to suggest that the Islamic Republic of Iran should convince other Muslim and non-aligned countries to draw up a draft convention on defamation of religions, so that, it would end in formulation of a binding UN instrument. The author maintains that despite some differences, there are many commonalities between Islamic human rights and international human rights and member countries of Organization of the Islamic Conference can launch a common effort to design an acceptable system of human rights based on divine revelations and Islamic principles to be presented to the rest of the world.
 
Kewword: HRC, Racism, Xenophobia, elimination af defamation of religions

-NGOs, Relentless Expansion of UN System/ Author: Dr. Mahmoud Reza Gholshan-Pazhouh
 
As globalization rages on, nongovernmental organizations have turned into an effective and even determining institution in current international trends and the UN system. This paper discusses causes and grounds for quantitative growth and qualitative upliftment of NGOs as well as diversification of their effective means. While reviewing their growing trend in the past few decades, it concludes that NGOs should have a proper place in political and social outlooks of the Islamic Republic of Iran, so that, good advantage can be taken of potentials of these new international players as well as their domestic counterparts in favor of country’s progress and development. Like many other phenomena, nongovernmental organizations can appear both as an opportunity and a threat in domestic and foreign areas and it is for governments to use their skills and avail of this new phenomenon to meet their national interests.  

Keywords: NGOs, U.N, Consultive Status



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