legal mechanisms available to the international community for the prosecution of
human rights (HR) violations such as crimes against humanity are extensive.
Taking the form of international courts and ad hoc tribunals established on
statutes set up through the approval of the United Nations Security Council
(UNSC), these legal mechanisms have been used to hold perpetrators of HR
violations accountable. The application of these legal mechanisms in the
prosecution of high ranking Serbian personalities for HR violations during the
Bosnian war (1992-1995) by the International Criminal Tribunal for the Former
Yugoslavia (ICTY) is one such example. Bound legally through established
international conventions and monitored through HR treaty-based bodies, United
Nations (UN) and member states that make up the international community are
obligated to adhere to human rights law in the prevention of HR abuses.
UNITED NATIONS SECURITY
international community – including the UN – uses the UNSC to authorise
enforcement mechanisms that address HR violations such as crimes against
humanity that are committed by state and non-state actors. The UNSC is the
principal security body of the UN that has powers under the UN charter to
establish subsidiary organs for the maintenance of peace and security. UNSC
responds to matters of international security and passes resolutions that can
be binding on member states. When
nations violate international law conventions – whether in war or peace – and
threaten international security, the UNSC acts in accordance with the UN
charter and under the deliberation of the council to address those violations. Utilising
a variety of mechanisms to deter state actors and mitigate violations, the UNSC
authorises these mechanisms to enforce international law.
Some of these mechanisms take the form of ad hoc tribunals such as the ICTY.
TRIBUNAL FOR THE FORMER YUGOSLAVIA:
subsidiary body established by the UNSC in response to gross HR violations was
the ICTY. The ICTY was established by the UNSC during the Bosnian war in 1993
under resolution 827, as
a legal mechanism to bring perpetrators of HR violations in the regions consisting
of the Former Yugoslavia to trial. The
former Yugoslavian regions of Bosnia and Herzegovina in the Balkans were
embroiled in an ethno-nationalist conflict during the early 1990s resulting in
gross HR violations being committed by military forces upon civilian
populations. One notable HR violation
occurred in 1995 with the killing of over 3000 Muslim Bosnians by the Serbian
army in the town of Srebrenica. The
ad hoc tribunal’s statute (including UNSC authorisation) granted the ICTY
jurisdiction to bring public as well as military officials of the Former
Yugoslavia to trial at the Hague. During
the trial of one of these military officials [Radovan Krsitć] in 2004,
the ICTY determined that the massacre in Srebrenica was genocide and found the
official guilty of crimes against humanity. This
ICTY judgement was based on the tribunal’s statute that was set up in
accordance to international law conventions such as the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). Throughout
the 1990s-2010s, more than ninety individuals connected to atrocities in the
former Yugoslavia have been convicted by the ICTY and sentenced to imprisonment
for long periods of time. The
ICTY is no longer in existence as of December 2017 but the decisions of the
tribunal are still used by intergovernmental judicial bodies like the European
Court of Justice and International Criminal Court. The
ad hoc tribunal of the ICTY provides just one example of a legal mechanism
available to the international community that has set a precedent for the
prosecution of HR violators.
THE INTERNATIONAL CRIMINAL COURT:
International Criminal Court (ICC) was established five years after the
creation of the ICTY as a permanent international tribunal for the prosecution
of individuals for war crimes, crimes against humanity, crimes of aggression
and genocide. Founded on the Rome Statute of the International Criminal
Court (Rome Statute) created by
the UN General Assembly in 1998, the ICC is an intergovernmental legal mechanism
that transitioned the legal strategy of concurrence and primacy found in the ad
hoc tribunal systems to one of concurrence and complementarity.
Aiming to set a permanent entity for the conviction of international law
violators, the UN and member states of the international community use the ICC
as a court of last resort when a nation’s internal legal system is not
functionable or hostile to international law.
The ICC works with the UNSC and other organs of the UN to bring individuals to
justice. The ICC is currently still in existence as of July, 2018.
The legal mechanisms utilised by the international community for the prosecution of human rights violations are wide-ranging. Ad hoc tribunals and international courts established on United Nations Security Council authorisation are the primarily international form of legal defence to human rights existing. As highlighted in the organisation of the International Criminal Tribunal for the Former Yugoslavia and International Criminal Court in pursuing prosecution of individuals for crimes against humanity, there are international judicial mechanisms available to the international community to persuade individuals and states to adhere to human rights.
Written by Anthony Avice Du Buisson for LA1027, assessment task 3 (07/09/2018)
of the United Nations art 29.
 Ibid art 49.
 Carrie Booth Walling, ‘Human Rights Norms,
State Sovereignty, and Humanitarian Intervention’ (2015) 37(2) Human Rights Quarterly 383, 387.
 Simon Chesterman, ‘I’ll Take Manhattan’:
The International Rule of Law and the United Nations Security Council’ (2009)
1(1) Hague Journal on the Rule of Law 67,
 SC Res 827, UN SCOR, 48th sess,
3217th mtg, UN Doc S/RES/827 (25 May 1993).
of the International Tribunal for the Former Yugoslavia art 1.
 Adam Mcbeth, Justine Nolan and Simon Rice,
The International Law Of Human Rights
(Oxford University Press, 2nd ed, 2011) 359.
of the International Tribunal for the Former Yugoslavia art 8 & 9.
v Krsitć (Appeal Judgement) (International Tribunal for the Former
Yugoslavia, Appeals Chamber, Case No IT-98-33-A, 19 April 2004) .
on the Prevention and Punishment of the Crime of Genocide, opened for
signature 9 December 1948, 78 UNTS 277 (entered into force 12 January 1951) art
 United Nations International Tribunal for
the Former Yugoslavia, History, <
Statute of the International Criminal Court, opened for signature 17 July
1998, 2187 UNTS 90 (entered into force 1 July 2002) art 5(1).
 Hassan B Jallow, ‘International criminal
justice: reflections on the past and the future’, (2010) 36(2) Commonwealth Law Bulletin 269, 277.
It can be said that the role of education in the 21st century has shifted dramatically since the birth of the technological revolution. No longer is education the benefit of the wealthy, or a benefit of the privileged few of a society, it is now a global enterprise that all individuals can access. Education transcends the boundaries of printed paper, and takes new form in the cybernetic pathways of the internet. The spread of resources has meant that more and more people have access to learning material; no longer is it necessary for a tutor or a teacher to present the individual with knowledge, knowledge has become the modern opium. Education has become the great emancipator.
Education, emancipates the mind from the shackles of ignorance and empowers the individual towards enlightenment. Education is not bound by structural institutions; education is not bound by the structure of authority. Education is the process that one uses to free them from authority, and free themselves from the need for an external arbiter of knowledge. Through the learning of critical thinking skills the individual is to achieve mental autonomy, which is the major purpose of education. In this respect education is more than just a process of memorisation – it is more than a process of mere robotic programming – it is the process by which humanity frees themselves from the shackles that ignorance brings.
Ignorance, though it may be the natural state of humanity, is a state in which humanity must deplore; for ignorance begets suffering. When one is ignorant of the world they are ignorant to the solutions to problems within the world. It is for these reasons that for a human to be separated from suffering they need to pursue mental autonomy, which is only achieved through the analysis of themselves in the cosmos. Through the learning of skills to better their condition within the cosmos, they are able to achieve enlightenment. Enlightenment not in the mystic sense, but in the intellectual sense: a state by which the individual is at the highest end an independent thinker. Thus, the ultimate goal of education is free-thought.
A free-thinker is not an individual entirely independent in mental faculty; rather a free-thinker is an individual who is independent from the need for authority and arbitrary knowledge. The free-thinker is not the independent spectator of the world; they are the analyst within existence who assesses the ideological structures around them. They are the modelers of reality, and the builders of the future. However, the only way they could become free-thinkers was through education.
It is for the aforementioned reasons that education is the greatest thing that humanity has ever created. It is for these reasons that one should wish to be able to bestow upon individuals knowledge, for its own sake. And it is for these reasons that one’s only duty should be to equip the future generations with a means to better them, and a means with which to reform prior generations’ mistakes.
Written by: Anthony Avice Du Buisson
Lost in an echo long since uttered…in a place long since forgotten.
We have time to be; and pick out the hollowed reminisce of an echo.
Dreams come so quickly before leaving.
The mind seems to be at a miss to their origins;
only having time to remember glimpses of past experiences.
Playing those treasured moments back in a reel,
like a film which never ends.
The long to return to some distant dream;
to some distant corner of paradise… seems impossible.
The moments that haunt can never be replayed as they once were originally.
Those moments of revelation, that draw the mind to explain the mystery of the day,
are only realised in those passing lights.
Beauty is exaggerated; hurtful pains hit home to gripping moments.
Knees are dropped to engage for but-a-fraction, before entirely disappearing….
Why cannot the moment remain for longer?
Why must it flee with the recoiling of darkness?
Why must the dream end?
The dream of the world to be as it was,
(the dream for it to return to a state of innocence)
can be heart aching.
It is human desire to become a child once more;
echoing the longest of woes.
The human mind’s desire to be a child once more;
to be innocent, care-free, calm and secure.
The shift from childhood to adult can (and is) the most turbulent of mental storms.
For if winds be too much, those sails that carry across ocean waves…
lead to rocky shores….
And so was the woe of the dreamer.
Written By: Anthony Avice Du Buisson
Most likely you are reading this sentence in the 21st century with some form of technological device, be it a mobile phone, computer, mac, tablet etc. The device you use has been acquired through the years, through means of trial and error, as well as innovation on the part of the designated inventor; coming up through experimentation, new technology and new ways of using that technology. It can be said with no shadow of a doubt that the person who has been responsible for the invention of the gadget you use, had to have been progressive in thought. Now what does one mean when he says “progressive in thought”? What is meant by that is, for anything new or innovating to come about you need to have an open mind and a will to be able to change and adapt your ideas into new ones. That is how progress works; Individuals pursuing their separate interests and changing their ideas when they find new ways of adapting them. Every single inventor does this; he takes concepts of the old and adapts it to the new. What would happen if inventors and innovators didn’t adapt to the change and progression of time? Then what? Well, dear reader, let us just say you wouldn’t be reading this now…would you?
It is imperative for change to take place; it just needs to happen in order for us to reach new and better ways at accomplishing things. Fundamentalism, the immovable notion that you are to remain true and undying to original ideas and not be susceptible to change or adaptation is a genuine threat to humanity. The threat of fundamentalist minds ever opposed to change, taking away the means for others to progress in view of retelling old ideas without sway to new ones. It’s insane! Fundamental ideas are retold to newer generations; no progression, no interest in adaptation to the world around. Such ideas become delusions to outsiders but perfectly normal to insiders. The notion that the earth is the center of the universe, and all those who believe in that notion, are deluding themselves by denying the reality of what modern science has shown to be accurate. Those who still hold onto notions that somehow their existence is the “be all to end all”; are deluding themselves in a false ideology that has serious implications on their livelihood and on the possible future of the children they will teach this idea to. Fundamentalist theology is the biggest proponent for ignorance in the modern world, a naive view of the world that puts the subject viewing it as the centre of all things. Whether it be Christian, Islamic, Judea or any form of rigid orthodoxy that is opposed to scientific advances, and thus opposed to change; we can call such opposition fundamentalist in nature, and it is a direct threat to humanity’s progression in the modern era. Fundamentalism in religious sense holds to orthodoxy, it is very opposed to change or revision, or any other sort of notion on those lines; as a result most fundamentalist religious individuals will oppose scientific findings, refuse to teach their children these findings, and will hide behind the clause of “freedom of religion”. Now what does one mean when he says “Fundamentalist ideas”, what that means, is all ideas opposed to reality (notions, of creationism, virgin births, etc.) all notions that seek to enlist views that are outside that which can be justified rationally. One may say, “Is that not a “fundamentalist idea in itself?” The retort would be, “Science is ever changing and revising itself to reach objective standards that are in accordance to what reality shows to be so, and for this notion to be considered fundamentalist it would not be susceptible to change, which it is; and thus it is not fundamentalist in nature”
However there is an even greater danger in our modern day society, with the death of religious traditionalism and the rise of secularism, there is but one thing left for fundamentalists to do. Become fanatical. When fundamentalists become fanatical, this is where the real danger starts to happen. The Islamic terrorists who flew Boing 747’s into the twin towers on September 11th 2001, were fanatics hell bent on starting war on the “Infidels”, by following the Quran; their leader Osama Bin Laden, sought to establish an Islamic empire and defeat the “Judea and Samaritan Zionists”, this ideology we call today is known as “Bin ladenism”. And it is fundamental fanaticism like this that leads to devastating consequences. In Islamic nations under sharia law, women are denied the right to learn and be educated, property of their husbands; this kind of religious zealously and fanaticism is but on example of the dangerous of religious fundamentalism and fanaticism. Yet, this is not the fundamentalism I’m sure most of you reading this may be exposed to in your daily life, how about that of Christian fundamentalism.
Creationism VS Evolution, pseudo-science vs science; since the time of Darwin most of Europe and most of literate scientific nations have taken on board the scientific theory of natural selection. Yet in the USA, (the largest economic nation besides china) a campaign pronged by the far fundamentalist Christian right has been opposing evolution, in favour of creationism. Answers in Genesis, and other such pseudo-science websites and advocacy groups have (since 2001) running campaigns to get evolution out of the science classroom in favour of religious ideology. This has sparked prominent figures such as Richard Dawkins and the rest of the scientific community have leaded a counter-attack against this wave of fundamentalism. Yet it does not end there, in most western nations and in most secular nations across the globe religious fundamentalism is protected by the constitution with the “Freedom of religious worship and practise” and such acts being embedded in the fabric of secular constitutions. Now this is no problem at all, however most religious fundamentalists will teach their children their fanatical ideas; and that is the real problem. The scientific departments across the globe have to deal with these fundamentalists in later years, who will repeat the ideological furrier. Now it would be fine if these individuals weren’t the ones effecting public policy; for instance human rights such as abortion and homosexual relations, are opposed to by mostly if not entirely right wing and religious bodies. Christian fundamentalists will sight their bible when it comes to such issues of human rights. Calling it “unnatural, wrong”, such hateful (and I do stress hateful) language that does effect the youth and those struggling with love.
Let it be said and repeated, that those who so chose to love their partner (whether it be of the same sex or a different sex), are entitled to the liberty to love and marry freely; entitled to express their love openly without the vitriol of religious zealots or the bigotry of right wing fundamentalists. This liberty is not exclusive to those in homosexual relations, but to all relations; let it be protested that he who should ever make their decree on the basis of a religious text, on the basis of a bigoted text. Should be scoffed, mocked and protested against, if not for the liberty of love but for the future of the next generation and the future of humanity. Let it be said that those who are religious and progressive, this charge is not directed at you, but to those along the same cloth who fundamentally willingly opposed to human rights, education and the future of humanity; this charge is lead against you, on behalf of progressive humanity. Fundamentalism and fanaticism are the poisons that corrupt progressive societies, and if should one protest to say that “this here sentiment is fundamentalist in nature”, let it be said yet again that “this sentiment is lead in progressive manner and is forever changing; adapting and evolving to the benefit of humanity and its understandings of the cosmos.” Terrorists, who seek to establish their fanatical doctrines on free people of the world, should remember that where there is just one ounce of human spirit, there will always be those willing to stand up and fight against such wickedness and indecency; not just for themselves but for their fellow man. Those who beat and those who shout others down on the basis of what their ideology or their text dictate to them, are the real danger to humanity; the real threat to humanity is not weapons of mass destruction but those willing to use them, the fundamentalists and fanatics willing to do anything to see their ideology the only one and all others destroyed are the real danger. Parents willing to deny their children liberty, will see themselves the contributors of the destruction of free-society, those who deny others liberty will see themselves criminals to free-society. Let it be said one last time, that for change to occur there must be freedom of thought, freedom of expression, the right to education, the right to free worship (lest of course it does not impact the moderation of others or their liberties), the right to love…these are to be protected, promoted, with the ever progressiveness of society for the better.
Knowledge is Power
Written By: Anthony Avice Du Buisson
It is now time to address human thinking; primarily that of its yearning for kingship. Human solidarity is at the heart of our species; we wish to be in unison with one another, despite our differences. A common alliance with our brothers and sisters from across lands is an idea – a dream – which is pervasive in cultures across the globe. Face it; we are better together than in solitude. Together we build empires; torn apart we destroy them. Unity is the means by which humanity expresses the best of itself. Humanity is a social species, and as a social species the structure of the future rests upon a basic underlying idea of human solidarity. However, despite this underlying yearning, we still manage to displace ourselves; we still manage to erect walls, limit immigration and confine ourselves to warring sub-divisions. The idea of global unity, a global human solidarity, has become a concept that is now loosely thrown about by humans; few really take it to heart. Time and cynicism have corrupted the idea of global unity; these things have moulded its outer structure to the point at which it is scarcely taken with any seriousness. It is portrayed, often at times as a “pipe-dream” a “lost cause”.
Our History is laced with men wanting to bring unity and prosperity, and when given support by the people these same men corrupt the idea with their yearnings for the primal instincts. It is a conflict between a yearning for human solidarity, and a yearning for dominance. Disgusting it is to witness such men who attach themselves to good intentions, squander them for the desires of such simple dominance over their fellow primate. Examples bare themselves throughout the decadent pages of history; red banners flow from the Bolsheviks; the cults of national-socialists come to mind – adorned with banners symbolising peace and nationalism to hide their true intentions. These groups intentions may have been good, but poisoned they were by their incipient need to be kings of their surroundings. Ideals seem to cloud their thinking. Problems arise when humans fight for unity as a principle, but never maintain the ideal once it is established. As Sun Tzu wrote in the Art of War, those who only plan for battle and never for the aftermath, or the replenishment of their troops, have been careless in their endeavours: “In the practical art of war, the best thing of all is to take the enemy’s country whole and intact; to shatter and destroy it is not so good.”(3:1.) By these men who squander the ideal of unity they encase it in a mere lifeless dream; no methods, no motivation to seek a better field vision, nor a respectable doctrine of the sorts. History is thus the story of humanity’s struggle between these two polar yearnings. The resolution between these opposites lay in humanism, specifically that of a “practical humanism”.
Humanism is a philosophy of human solidarity; it is a philosophy which wishes to impart humanity with a sense of itself in the cosmos. Humanism is a philosophy that departs from the need for an external, overarching and prevalent creator; it is a philosophy for humanity alone. We are born to this world and have but one life to live, how we live it will most certainly impact upon others; thus it is best for one to live in unison with their fellows than to be at war with them. To insure that our families, friends and those who we love, and those we coexist with, flourish as conscious creatures, humanism emphasises the need for unity. Practical humanism is the means by which one pursues this unity. It emphasises the need for reason, empathy and altruism when dealing with our fellow global citizens. By finding a commonality amongst us and seeking to build a brighter future based on that fact, and through the deploring of autocracy, totalitarianism – the mean by which humanity is caged – humanity can seek liberation from its hardships, and begin to aid itself.
Yet, there still remains a problem in this endeavour. How are we to achieve such an acknowledgement of our condition? Well, I have sought – in my endeavours – to provide a methodology. Indulge me for a few moments, while I explain this methodology. This methodology is the product of the postulations that have been made in response to problems that I have seen facing societal improvement; such as problems of social acceptance, class, human rights and the quality of life. These come as the result from my observations of history, as well the environment around me. In response to these problems I have come up with three ‘E’s, these are as follows:
Emancipation – that is to say to ‘free’ oneself from the shackles of ignorance or unknowing – is the primary focus of the individual; it is better to be unshackled than captive to one’s own ignorance. Education is the means by which we unshackle the chains of ignorance. Through the acquisition of knowledge we achieve the ability to improve, not only our lifestyle, but our resilience to fear; for fear is the product of ignorance. Education also gives rise to social awareness and the social acceptance of people’s rights, which in turn allows for progression; human progression comes as the result of liberty, and the bestowing of rights upon the individual. Education emancipates the mind from the shackles of ignorance, and empowers the individual towards enlightenment. Empowerment is the end result of this sequence; by giving strength to people through education, one has allowed for them to be self-reliant, self-aware and self-motivated. These things lead to a betterment of the human condition, as it allows individuals to be aware of the problems they face, and allow for them to seek out solutions to those problems. Empowerment leads to enlightenment, which is the final stage of human progression: the state at which humanity is aware of its condition in the cosmos.
As one can see by the aforementioned methodology, unity becomes possible through the acknowledgement of the human condition. If one adheres to practical humanism (the methodology I have expressed above) then one can achieve a better world; the tree of tomorrow’s world grows with the seeds that we plant today. Humanism seeks to plant such seeds, as it believes it is more than just ‘sufficient’ to do so; but that it is in fact a fundamental necessity. Remember that the future is built upon the ideals laid down in today’s world, and it is only when we plant the seeds of a better world today that we will receive one tomorrow. Furthermore, nothing can be said more vehemently than the advocacy of change to the social problems; the youth depend upon it. If we plant the seeds of destruction today, then we will reap the consequences tomorrow. It is for this reason and others that we should seek to better our world; to seek out love for its own sake, and to seek out unity for humanity’s sake. When we do these things we build a brighter world…and a brighter future.
Knowledge is Power.
Written By: Anthony Avice Du Buisson