国际人道主义法的危机——驻伊美军虐待俘虏事件的若干法律问题分析

战争的残酷性使得人们更为关注生命尊严的价值,国际人道主义法亦随之得以发展。然而,近期曝光的驻伊美军虐待战俘事件,侵犯了战俘的生命健康权、人格权、中诉及公平审判权,严重违反国际人道主义法,而现行国际法与国内法机制均无法有效地惩罚这种违法行为。因此,为了真正保护国际人权,惩治战争犯罪,应增强国际刑事法院等组织的地位。     

Demotic humanitarians: historical perspectives on the global reach of local initiatives, 1940–2017

Abstract

This article focuses on over 70 years of demotic humanitarianism from a grassroots perspective. Using the archives of Hudfam and Elizabeth Wilson as well as more recent oral history of local nongovernmental organisations in the West Yorkshire region of the United Kingdom, this paper seeks to cast a new light on the complex network of humanitarianism enabled by local groups. The concept of demotic humanitarians will be used here to denote the modest scale of this work, but also the humanitarians’ self-perception as local agents of internationalism acting within localised networks. From the creation of Hudfam in 1942 (before Oxfam but in Huddersfield) to the birth of the Christian African Relief Trust or local partnerships with Ghana, this article shows how entangled in other social and political initiatives demotic humanitarians were.     

What might celebrity humanitarianism have to do with empire?

The aim of this paper is to bring into conversation two apparently disparate debates in the fields of politics and International Relations. The first is a debate over celebrity humanitarianism that is divided between optimistic scholars, who see in it an enhancement of democracy, and pessimistic scholars, who link it to capitalist imperialism or a throwback to older colonial tropes. The second is a debate over a (new) American empire which has prompted scholars in IR to redress IR’s historic ‘elision’ of empire and to offer new network theories of empire. The paper argues that these two debates each address the shortcomings in the other and offers speculation on what celebrity humanitarianism might have to do with empire by bridging the connections between structuralist political theories of empire and the cultural accounts offered by postcolonial theory.     

Revisiting the 'Responsibility to Protect'

The Declaration on 'the responsibility to protect' (R2P), unanimously endorsed by the Security Council in April 2006, identified both national and international responsibilities in relation to genocide, ethnic cleansing, war crimes and crimes against humanity. This was highly significant in appearing to accept that the prevention of mass atrocities was a legitimate international concern. Subsequently, there has been some disappointment about the limited practical impact of R2P, and also anxiety that its progress may be impeded by the fear that it is designed to legitimise military intervention. However, this article concentrates on a different concern. Arguing that an earlier version of R2P (in the International Commission on Intervention and Sovereignty of 2001) linked the issues with those of human security and development, it suggests that the contemporary focus is far narrower, undermining its critical potential with regard to the policies of the global North and reducing its appeal to developing countries.     

史中“人道”推市场建议重申人道主义和人权史

人道主义和人权是适应和保护市场经济的意识形态和政治理念,具有克服"异化"现象,促使市场经济健康发展、人类全面进步的功能。但我们在这个问题上仍存在错误或过时的认识。因此,我们应从推进中国社会市场经济体制的深化和完善出发,从保障人权及人的全面发展出发,立基于"人权条款"入宪的新态势,把中外人道主义和人权思想史列为重点项目,深入研究。     

爱是不竭的源泉--略论鲁迅与爱罗先珂的交往

鲁迅是翻译和介绍爱罗先珂作品最早最主要的作家.憎恨充满罪恶、不平等的世界,对旧世界的攻击不遗余力,作品充满直率、激烈,是鲁迅与爱罗先珂友谊的重要基础.     

The evolution of the European Union’s failed approach to Afghanistan

ABSTRACT

This article provides a genealogical account of European actorness in Afghanistan. It argues that European agreement towards facilitating modernisation and development in Afghanistan was initiated with aid and trade, evolving into humanitarianism in the 1990s, and reconstruction and democratisation in the 2000s. The European Union has had a positive impact on Afghanistan, focusing on humanitarianism, but its multilateral and programme level approach to reconstruction and democratisation has failed to meet the EU’s stated objectives. By promoting the flawed “Bonn Model”, the EU is proportionally culpable for failed international attempts to reconstruct Afghanistan; even though the United States has been the primary international actor. Drawing a series of broader lessons, such as tensions between Atlantic solidarity and European integration, and the limitations of the European crisis management, the article demonstrates how European policy has been shaped by crises inside Afghanistan and the larger geopolitical crises these have generated. These have contemporary importance as history suggests that as the US withdraws its commitment to Afghanistan, the EU will have a very significant role in attempting to fill a humanitarian vacuum.     

The limits of agency: Emily Hobhouse’s international activism and the politics of suffering

Abstract

This article pieces together the activism of the British welfare worker and feminist-pacifist Emily Hobhouse (1860–1926) during two largely unrecorded episodes of transnational activism: firstly, her ministry of Cornish miners in Virginia, Minnesota, in the United States; and secondly, her interventions during the period of reconstruction following the South African War (1899–1902). The article endeavors to contextualize Hobhouse’s activism and offer a broader understanding of the limitations and restraints on her actions. Ultimately, her activism required a platform that was in the gift of political actors and establishment figures, and dependent on fluctuations within specific political and bureaucratic situations. Based on close inspection of undocumented material in both South African and British archives, the article investigates Hobhouse’s repertoire of missionary and philanthropic roles within a wider context of humanitarian politics. It demonstrates how women’s activism and their behind-the-scenes politicking informed political decision-making in modern imperial and international affairs.     

In Defense of the Responsibility to Protect: A Response to Weissman

This article defends the Responsibility to Protect (R2P) doctrine (adopted by the United Nations in 2005) against critiques by Fabrice Weissman in this journal, and against similar criticisms of humanitarian intervention and human rights norms made by postmodern thinkers in the Nietzschean tradition, such as Alain Badiou and Anne Orford. I argue against Weissman that R2P can be effective in stopping or preventing mass atrocities, and in particular that opposition to military intervention in Syria during the 2013 debates was a terrible mistake. Moreover, the moral ground for humanitarian aid efforts is the same as the basis for forceful rescue from mass slaughter, ethnic cleansing, and persecution (when other conditions of just war can be met). Weissman's critiques misinterpret just war theory on key points and rely on inflated rhetorical strategies inspired by extreme forms of cultural and moral relativism that are intellectually bankrupt—both in blaming “Western imperialism” for most crimes against humanity committed by tyrants, and in leaving hundreds of thousands without the only protection that could prevent their murder and exile. These extreme positions and the strained rhetorical devices used to defend them do not deserve the wide respect they command in some parts of academia.     

废除死刑是一种道义选择

废除死刑有太多的理由。国际社会中刑罚走向轻缓,死刑趋于废止已成大势。本文分析了中国死刑的立法和司法现状,认为在中国立即并彻底废除死刑尽管难度极大但也不是不可能。废除死刑是一种道义选择。刑法学者除了用一腔热血急切呼吁,也有责任启发百姓的理性思考,激发政治家的人道精神。