Pub Date : 2022-11-24DOI: 10.1017/s1816383122001072
J. Lord
Abstract The adoption of the Convention on the Rights of Persons with Disabilities (CRPD) represents an important and (potentially) progressive development in the protection framework under international humanitarian law (IHL). Article 11 of the CRPD specifically obliges States to protect persons with disabilities from harm in situations of risk, including armed conflict, consistent with IHL and human rights law. The CRPD framework signals the need to address the traditional framing of disability under IHL and to draw from human rights concepts in the CRPD in order to inform the protection accorded to persons with disabilities in armed conflict. This article is divided into four main parts: the first three address three main lines of inquiry, while the fourth is forward-looking. The first part analyzes the framing and construction of disability in IHL and the implications of such framing for the protection of persons with disabilities. The second part analyzes fundamental IHL rules in an effort to demonstrate how the framing of disability and the protection framework of the CRPD can be used in the application of IHL. The third part identifies some specific problem areas ripe for further disability scoping and harmonization of the CRPD and IHL. Looking forward, the fourth part identifies entry points for focused action and research aimed at bringing about the kind of dynamic treaty practice envisioned by Article 11 of the CRPD.
{"title":"Accounting for disability in international humanitarian law","authors":"J. Lord","doi":"10.1017/s1816383122001072","DOIUrl":"https://doi.org/10.1017/s1816383122001072","url":null,"abstract":"Abstract The adoption of the Convention on the Rights of Persons with Disabilities (CRPD) represents an important and (potentially) progressive development in the protection framework under international humanitarian law (IHL). Article 11 of the CRPD specifically obliges States to protect persons with disabilities from harm in situations of risk, including armed conflict, consistent with IHL and human rights law. The CRPD framework signals the need to address the traditional framing of disability under IHL and to draw from human rights concepts in the CRPD in order to inform the protection accorded to persons with disabilities in armed conflict. This article is divided into four main parts: the first three address three main lines of inquiry, while the fourth is forward-looking. The first part analyzes the framing and construction of disability in IHL and the implications of such framing for the protection of persons with disabilities. The second part analyzes fundamental IHL rules in an effort to demonstrate how the framing of disability and the protection framework of the CRPD can be used in the application of IHL. The third part identifies some specific problem areas ripe for further disability scoping and harmonization of the CRPD and IHL. Looking forward, the fourth part identifies entry points for focused action and research aimed at bringing about the kind of dynamic treaty practice envisioned by Article 11 of the CRPD.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"44 1","pages":"60 - 98"},"PeriodicalIF":0.7,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89823343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-24DOI: 10.1017/s1816383122000960
Nicolas Hocq, Nour Assaf
Novyi Bug is a town with a population of more than 15,000 residents. It is situated in the Bashtan district of the Mykolaiv region, in Ukraine. The situation in Novyi Bug remains very unpredictable. At the end of May 2022 there were attacks on the town of Novyi Bug and the Mykolaiv region was hit by rockets and missiles. Many civilian infrastructures, including inclusive resource centers, houses and hospital premises were either destroyed or damaged.
{"title":"Voices of resilience: The perspective of persons with disabilities in armed conflict","authors":"Nicolas Hocq, Nour Assaf","doi":"10.1017/s1816383122000960","DOIUrl":"https://doi.org/10.1017/s1816383122000960","url":null,"abstract":"Novyi Bug is a town with a population of more than 15,000 residents. It is situated in the Bashtan district of the Mykolaiv region, in Ukraine. The situation in Novyi Bug remains very unpredictable. At the end of May 2022 there were attacks on the town of Novyi Bug and the Mykolaiv region was hit by rockets and missiles. Many civilian infrastructures, including inclusive resource centers, houses and hospital premises were either destroyed or damaged.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"34 1","pages":"5 - 25"},"PeriodicalIF":0.7,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72945050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-24DOI: 10.1017/s1816383122001096
G. Mitra, G. Dominik
Abstract The United Nations Disability Inclusion Strategy establishes the first-ever framework for the United Nations system to advance disability inclusion across all pillars of the Organization's work, including the peace and security pillar, and to measure the progress made across the system. Evidence reported since the launch of the Strategy in 2019 demonstrates that the Strategy has provided a clear impetus among United Nations entities and peace operations working in the sector to address the rights of persons with disabilities, who are among the most marginalized in any crisis-affected community. However, the evidence also reveals that while humanitarian entities have made progress since the launch of the Strategy, disability inclusion remains an emerging area of work for peace operations in the field. The article argues that the Strategy's accountability framework has provided a much-needed blueprint and ability to monitor progress across the system, yet far more needs to be done to ensure that the United Nations system is equipped to respond to complex situations and reach the furthest behind first.
{"title":"United Nations Disability Inclusion Strategy: A framework to accelerate transformative change for persons with disabilities in the peace and security pillar","authors":"G. Mitra, G. Dominik","doi":"10.1017/s1816383122001096","DOIUrl":"https://doi.org/10.1017/s1816383122001096","url":null,"abstract":"Abstract The United Nations Disability Inclusion Strategy establishes the first-ever framework for the United Nations system to advance disability inclusion across all pillars of the Organization's work, including the peace and security pillar, and to measure the progress made across the system. Evidence reported since the launch of the Strategy in 2019 demonstrates that the Strategy has provided a clear impetus among United Nations entities and peace operations working in the sector to address the rights of persons with disabilities, who are among the most marginalized in any crisis-affected community. However, the evidence also reveals that while humanitarian entities have made progress since the launch of the Strategy, disability inclusion remains an emerging area of work for peace operations in the field. The article argues that the Strategy's accountability framework has provided a much-needed blueprint and ability to monitor progress across the system, yet far more needs to be done to ensure that the United Nations system is equipped to respond to complex situations and reach the furthest behind first.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"31 1","pages":"459 - 464"},"PeriodicalIF":0.7,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75575070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-24DOI: 10.1017/s1816383122001102
• International Committee of the Red Cross, “How Law Protects Persons with Disabilities in Armed Conflict”, 13 December 2017, available at: www.icrc.org/en/document/how-law-protects-persons-disabilities-armed-conflict (all internet references were accessed in November 2022). • International Committee of the Red Cross, “Chapter 3: Needs of the Civilian Population in Increasingly Long Conflicts: Selected Issues”, in International Humanitarian Law and the Challenges of Contemporary Armed Conflicts: Recommitting to Protection in Armed Conflict on the 70th Anniversary of the Geneva Conventions, 2019, available at: www.icrc.org/sites/default/files/document/file_list/challenges-report_the-needs-of-civilians-in-increasingly-long-conflicts.pdf. • 33rd International Conference of the Red Cross and Red Crescent, “Addressing Mental and Psychosocial Needs of People Affected by Armed Conflicts, Natural Disasters and Other Emergencies”, Resolution 33IC/19/R2, Geneva, Switzerland, 9–12 December 2019, available at: https://pscentre.org/wp-content/uploads/2020/10/solution.pdf. • Council of Delegates of the International Red Cross and Red Crescent Movement, “International Red Cross and Red Crescent Movement Policy on Addressing Mental Health and Psychosocial Needs”, Resolution CD/19/R5, Geneva, Switzerland, 8 December 2019, available at: https://pscentre.org/wp-content/uploads/2020/10/CD19-R5-Adopted-MHPSS-need-policy-draft-resolution-FINAL-EN_clean.pdf. • 33rd International Conference of the Red Cross and Red Crescent, “Bringing IHL Home: A Road Map for Better National Implementation of International Humanitarian Law”, Resolution 33IC/19/R1, Geneva, Switzerland, 9–12 December 2019, available at: https://rcrcconference.org/app/uploads/2019/12/33IC-R1-Bringing-IHL-home_CLEAN_ADOPTED_FINAL-171219.pdf.
{"title":"ICRC and International Red Cross and Red Crescent Movement: Some recent documents on international humanitarian law and persons with disabilities","authors":"","doi":"10.1017/s1816383122001102","DOIUrl":"https://doi.org/10.1017/s1816383122001102","url":null,"abstract":"• International Committee of the Red Cross, “How Law Protects Persons with Disabilities in Armed Conflict”, 13 December 2017, available at: www.icrc.org/en/document/how-law-protects-persons-disabilities-armed-conflict (all internet references were accessed in November 2022). • International Committee of the Red Cross, “Chapter 3: Needs of the Civilian Population in Increasingly Long Conflicts: Selected Issues”, in International Humanitarian Law and the Challenges of Contemporary Armed Conflicts: Recommitting to Protection in Armed Conflict on the 70th Anniversary of the Geneva Conventions, 2019, available at: www.icrc.org/sites/default/files/document/file_list/challenges-report_the-needs-of-civilians-in-increasingly-long-conflicts.pdf. • 33rd International Conference of the Red Cross and Red Crescent, “Addressing Mental and Psychosocial Needs of People Affected by Armed Conflicts, Natural Disasters and Other Emergencies”, Resolution 33IC/19/R2, Geneva, Switzerland, 9–12 December 2019, available at: https://pscentre.org/wp-content/uploads/2020/10/solution.pdf. • Council of Delegates of the International Red Cross and Red Crescent Movement, “International Red Cross and Red Crescent Movement Policy on Addressing Mental Health and Psychosocial Needs”, Resolution CD/19/R5, Geneva, Switzerland, 8 December 2019, available at: https://pscentre.org/wp-content/uploads/2020/10/CD19-R5-Adopted-MHPSS-need-policy-draft-resolution-FINAL-EN_clean.pdf. • 33rd International Conference of the Red Cross and Red Crescent, “Bringing IHL Home: A Road Map for Better National Implementation of International Humanitarian Law”, Resolution 33IC/19/R1, Geneva, Switzerland, 9–12 December 2019, available at: https://rcrcconference.org/app/uploads/2019/12/33IC-R1-Bringing-IHL-home_CLEAN_ADOPTED_FINAL-171219.pdf.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"62 1","pages":"566 - 567"},"PeriodicalIF":0.7,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79496909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-24DOI: 10.1017/s1816383122001084
Alex Garcia
Alex Garcia, the “Gaucho”, is one of the most famous Persons with Rare Disease and Deafblind Persons in the world. He is an expert in special education at the Federal University of Santa Maria in the state of Rio Grande do Sul (UFSM/RS). He was the first Deafblind Person and Person with Hydrocephalus and Rare Disease to finish a post-graduate degree at a Brazilian university. He is the founder of the Gaucha Association of Parents and Friends of Deafblind people and people with Multiple Disabilities (AGAPASM).1 In Brazil, he has conducted pioneering research to find Deafblind people throughout the state of Rio Grande do Sul, where he is considered “the father” of Deafblindness. Since 2004, as a volunteer, he has structured a programme of home care with families of Deafblind people in Brazil. The programme helps with information and educational orientation, with medical and social referrals, with the training of professionals to attend Deafblind people in their original places, adapting these spaces, and also with special programmes in schools. As a writer, he was the first Deafblind Person to write a book about education in Latin America. His book “Deafblindness: Empirical and Scientific” was published in 2008. He was the first Deafblind Person in Brazil and Latin America to participate in a training programme for teachers with total liberty, held in Cuiabá, in the state of Mato Grosso. He was also the first Deafblind Person in Brazil and Latin America to work in a training programme for teachers with total liberty, where he taught two people with disabilities (a young blind educator and a young deaf educator). Alex also writes for the magazine Reação. Alex Garcia was the only Deafblind Person in the world to participate in the High-Level Meeting on Disability and Development “The Way
{"title":"Dreams of a Deafblind Person!","authors":"Alex Garcia","doi":"10.1017/s1816383122001084","DOIUrl":"https://doi.org/10.1017/s1816383122001084","url":null,"abstract":"Alex Garcia, the “Gaucho”, is one of the most famous Persons with Rare Disease and Deafblind Persons in the world. He is an expert in special education at the Federal University of Santa Maria in the state of Rio Grande do Sul (UFSM/RS). He was the first Deafblind Person and Person with Hydrocephalus and Rare Disease to finish a post-graduate degree at a Brazilian university. He is the founder of the Gaucha Association of Parents and Friends of Deafblind people and people with Multiple Disabilities (AGAPASM).1 In Brazil, he has conducted pioneering research to find Deafblind people throughout the state of Rio Grande do Sul, where he is considered “the father” of Deafblindness. Since 2004, as a volunteer, he has structured a programme of home care with families of Deafblind people in Brazil. The programme helps with information and educational orientation, with medical and social referrals, with the training of professionals to attend Deafblind people in their original places, adapting these spaces, and also with special programmes in schools. As a writer, he was the first Deafblind Person to write a book about education in Latin America. His book “Deafblindness: Empirical and Scientific” was published in 2008. He was the first Deafblind Person in Brazil and Latin America to participate in a training programme for teachers with total liberty, held in Cuiabá, in the state of Mato Grosso. He was also the first Deafblind Person in Brazil and Latin America to work in a training programme for teachers with total liberty, where he taught two people with disabilities (a young blind educator and a young deaf educator). Alex also writes for the magazine Reação. Alex Garcia was the only Deafblind Person in the world to participate in the High-Level Meeting on Disability and Development “The Way","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"93 1","pages":"26 - 27"},"PeriodicalIF":0.7,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90949264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-24DOI: 10.1017/S1816383122000947
Sarah Miller
Abstract Mental disorders have high prevalence for disability and almost 80% of the global burden occurs in low- and middle-income countries. The impacts of mental health conditions can affect many sectors of society and threaten peace, human rights and development. However, international law jurisprudence has not sufficiently developed to guide mental health governance. This paper reviews the international legal protections for people who experience mental health conditions, including mental disorders and psychosocial disabilities. It focuses on State application of legal instruments in particularly vulnerable contexts, namely, least developed countries and situations of armed conflict. It argues that relying on existing treaties and soft-law instruments from the health and human rights angles is inadequate, and the Convention on the Rights of Persons with Disabilities is not the right fit. New hard- and soft-law instruments are urgently needed to meet positive obligations and safeguard rights in these vulnerable contexts. Some suggestions for the contents of future instruments are made.
{"title":"Mental health and the law: What else is needed for particularly vulnerable contexts facing armed conflict and development obstacles?","authors":"Sarah Miller","doi":"10.1017/S1816383122000947","DOIUrl":"https://doi.org/10.1017/S1816383122000947","url":null,"abstract":"Abstract Mental disorders have high prevalence for disability and almost 80% of the global burden occurs in low- and middle-income countries. The impacts of mental health conditions can affect many sectors of society and threaten peace, human rights and development. However, international law jurisprudence has not sufficiently developed to guide mental health governance. This paper reviews the international legal protections for people who experience mental health conditions, including mental disorders and psychosocial disabilities. It focuses on State application of legal instruments in particularly vulnerable contexts, namely, least developed countries and situations of armed conflict. It argues that relying on existing treaties and soft-law instruments from the health and human rights angles is inadequate, and the Convention on the Rights of Persons with Disabilities is not the right fit. New hard- and soft-law instruments are urgently needed to meet positive obligations and safeguard rights in these vulnerable contexts. Some suggestions for the contents of future instruments are made.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"46 1","pages":"434 - 448"},"PeriodicalIF":0.7,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81641377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-21DOI: 10.1017/S1816383122000923
Gauthier de Beco
Abstract This article studies the economic and social rights of people with disabilities in times of armed conflict. While hostilities prevent them from accessing the essential goods and services that they rely on to enjoy these rights, the topic has attracted little attention to date. Calling upon international human rights law, the article applies the Convention on the Rights of Persons with Disabilities, with a view to complementing the provisions of international humanitarian law. It focuses on the requirements above the provision of medical care and examines the legal obligations attached to economic and social rights.
{"title":"Taking economic and social rights earnestly: What does international human rights law offer persons with disabilities in situations of armed conflict?","authors":"Gauthier de Beco","doi":"10.1017/S1816383122000923","DOIUrl":"https://doi.org/10.1017/S1816383122000923","url":null,"abstract":"Abstract This article studies the economic and social rights of people with disabilities in times of armed conflict. While hostilities prevent them from accessing the essential goods and services that they rely on to enjoy these rights, the topic has attracted little attention to date. Calling upon international human rights law, the article applies the Convention on the Rights of Persons with Disabilities, with a view to complementing the provisions of international humanitarian law. It focuses on the requirements above the provision of medical care and examines the legal obligations attached to economic and social rights.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"97 1","pages":"306 - 322"},"PeriodicalIF":0.7,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73843769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-21DOI: 10.1017/s1816383122000972
William I. Pons, J. Lord, M. Stein
Abstract Academics rarely raise the need to consider persons with disabilities when preventing, investigating and prosecuting international humanitarian law (IHL) violations. Worse still, no actual attempts have been made to include a disability perspective into practical guidance and monitoring mechanisms. This article addresses that void by laying out how existing yet unutilized IHL obligations can be leveraged to repress and suppress disability-based IHL violations. In doing so, the article will detail how fact-finding approaches, criminal investigative processes and reporting methods for IHL violations can be inclusive of persons with disabilities and thus more appropriately address the endemic under-representation of a disability perspective in the planning and execution of military operations during armed conflict and the specific crimes they thereby suffer. Additionally, this article will articulate concrete changes that should be made to international criminal law procedures for prosecuting war crimes to provide recognition and accountability for disability-based IHL violations, as has been done for violations against women and children. Finally, this article will diagnose the state of the law to address any legal challenges or hurdles that may hamper the inclusion of a disability perspective in fulfilling the IHL obligation to reduce and address violations of humanitarian law.
{"title":"Addressing the accountability void: War crimes against persons with disabilities","authors":"William I. Pons, J. Lord, M. Stein","doi":"10.1017/s1816383122000972","DOIUrl":"https://doi.org/10.1017/s1816383122000972","url":null,"abstract":"Abstract Academics rarely raise the need to consider persons with disabilities when preventing, investigating and prosecuting international humanitarian law (IHL) violations. Worse still, no actual attempts have been made to include a disability perspective into practical guidance and monitoring mechanisms. This article addresses that void by laying out how existing yet unutilized IHL obligations can be leveraged to repress and suppress disability-based IHL violations. In doing so, the article will detail how fact-finding approaches, criminal investigative processes and reporting methods for IHL violations can be inclusive of persons with disabilities and thus more appropriately address the endemic under-representation of a disability perspective in the planning and execution of military operations during armed conflict and the specific crimes they thereby suffer. Additionally, this article will articulate concrete changes that should be made to international criminal law procedures for prosecuting war crimes to provide recognition and accountability for disability-based IHL violations, as has been done for violations against women and children. Finally, this article will diagnose the state of the law to address any legal challenges or hurdles that may hamper the inclusion of a disability perspective in fulfilling the IHL obligation to reduce and address violations of humanitarian law.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"58 26 1","pages":"465 - 483"},"PeriodicalIF":0.7,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75525481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-21DOI: 10.1017/S1816383122001035
Kate McInnes
Abstract This paper presents an inexhaustive but thorough review of the evidence of violence against persons with disabilities that came before, or ought to have been known to, the prosecutors of the international criminal tribunals for the former Yugoslavia, Rwanda and Sierra Leone. This research demonstrates that despite significant and compelling evidence from investigators, journalists and witnesses, gross violations against persons with disabilities were largely ignored by the prosecution or treated merely as aggravating factors at sentencing. These crimes could instead have been characterized as an “other inhumane act” prosecutable as a crime against humanity, which would have emphasized the gravity of the crimes, provided recognition of the victims’ suffering, imposed criminal sanctions on those responsible, and unequivocally condemned violence against persons with disabilities during armed conflict.
{"title":"Opportunities and failures to prosecute violence against persons with disabilities at the international tribunals for the former Yugoslavia, Rwanda and Sierra Leone","authors":"Kate McInnes","doi":"10.1017/S1816383122001035","DOIUrl":"https://doi.org/10.1017/S1816383122001035","url":null,"abstract":"Abstract This paper presents an inexhaustive but thorough review of the evidence of violence against persons with disabilities that came before, or ought to have been known to, the prosecutors of the international criminal tribunals for the former Yugoslavia, Rwanda and Sierra Leone. This research demonstrates that despite significant and compelling evidence from investigators, journalists and witnesses, gross violations against persons with disabilities were largely ignored by the prosecution or treated merely as aggravating factors at sentencing. These crimes could instead have been characterized as an “other inhumane act” prosecutable as a crime against humanity, which would have emphasized the gravity of the crimes, provided recognition of the victims’ suffering, imposed criminal sanctions on those responsible, and unequivocally condemned violence against persons with disabilities during armed conflict.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"53 1","pages":"484 - 517"},"PeriodicalIF":0.7,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81207865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1017/s1816383122000790
Steve Tiwa Fomekong
Abstract This contribution analyses Article 12 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (the Protocol). It examines the purpose, scope and contribution of this Article to the legal protection of persons with disabilities in armed conflict and its implementation. The analysis is divided into four parts. The first part will start by identifying and analysing the background to this provision, which provides specific protection to persons with disabilities in armed conflict. The second part will examine Article 12 in the light of other similar regional instruments and of the protection challenges that persons with disabilities face during conflict. This will highlight the specific nature of the Article's provisions, together with its shortcomings and its progressive aspects. Part three will look at the interaction between Article 12 and equivalent rules of international humanitarian law, and how Article 12 contributes to the development of legal protection for persons with disabilities in armed conflict. Finally, the fourth part will examine the challenges to the implementation of Article 12. It will also propose ways of overcoming those challenges and hence of enabling Article 12 to have its intended effect.
{"title":"Article 12 of the Protocol on the Rights of Persons with Disabilities in Africa: A critical analysis","authors":"Steve Tiwa Fomekong","doi":"10.1017/s1816383122000790","DOIUrl":"https://doi.org/10.1017/s1816383122000790","url":null,"abstract":"Abstract This contribution analyses Article 12 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (the Protocol). It examines the purpose, scope and contribution of this Article to the legal protection of persons with disabilities in armed conflict and its implementation. The analysis is divided into four parts. The first part will start by identifying and analysing the background to this provision, which provides specific protection to persons with disabilities in armed conflict. The second part will examine Article 12 in the light of other similar regional instruments and of the protection challenges that persons with disabilities face during conflict. This will highlight the specific nature of the Article's provisions, together with its shortcomings and its progressive aspects. Part three will look at the interaction between Article 12 and equivalent rules of international humanitarian law, and how Article 12 contributes to the development of legal protection for persons with disabilities in armed conflict. Finally, the fourth part will examine the challenges to the implementation of Article 12. It will also propose ways of overcoming those challenges and hence of enabling Article 12 to have its intended effect.","PeriodicalId":46925,"journal":{"name":"International Review of the Red Cross","volume":"9 5 1","pages":"323 - 351"},"PeriodicalIF":0.7,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88340373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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