Meryem Bahadir – RightsViews

The Role of Gendered Perspectives in the Context of Crimes Against Humanity

August 31, 2023 by Meryem BahadirNo Comments

By Guest Writer Shagnik Mukherjea Image by the EU Civil Protection and Humanitarian Aid In April 2023, the Sixth Committee of the United Nations initiated a two-year process to deliberate and negotiate the draft articles on the prevention and punishment of crimes against humanity. At the forefront of the multitude of issues being tackled by the International Law Commission (ILC) and numerous States are gender-based issues, with a particular emphasis on reinforcing legal obligations and ensuring safeguards for victims of sex and gender-based violence. Over the past few decades, significant strides have been made in achieving justice for gender-based crimes. However, most of these legal frameworks have required incorporating gender-specific concerns into existing structures that were not originally designed to address these issues. For instance, the International Criminal Tribunal for the former Yugoslavia (ICTY) investigated and prosecuted individuals for wartime sexual violence, considering rape and sexual enslavement as crimes against humanity in the Kunarac et al. Case. Furthermore, the Furundžija Case emphasized that instances...

Indonesia’s Military-Democracy Interplay is a Lesson Never Learned

August 31, 2023September 20, 2023 by Meryem BahadirNo Comments

By Guest Writer Rafsi Albar Image by Arkananta Dhimas Naufal For 31 of its 78 years, Indonesia was ruled by the iron fist of the “smiling general,” Suharto. His leadership, known as the “New Order,” originally focused on economic development in order to make up for the losses suffered as a result of President Sukarno’s political manoeuvres. Despite being arguably successful in improving the welfare of its more than 100 million people across three decades, his military background eventually found a way to intervene in the young nation’s supposed democracy. The dual function of the armed forces, more commonly known locally as Dwifungsi ABRI, is a doctrine developed around the same time as Suharto’s rise to power following the political upheaval caused by the Indonesian Communist Party’s insurgency in 1965. The armed forces—or ABRI—then encompassing both the military and police, saw civil administration as ineffective. As such, they believed that former and active ABRI personnel should be able to assume strategic positions in...

Hijab Mandate and Women’s Agency: Navigating Autonomy in Afghanistan

August 15, 2023August 15, 2023 by Meryem BahadirNo Comments

Article by Staff Writer Nazeela Elmi Image by Kiana Hayeri from The New York Times In September 2021, a few days after the Taliban takeover of Afghanistan, a group of women in black head to toe niqab covering went out in Kabul University and Kabul streets to demonstrate their support for the Taliban regime. Many rightfully assumed that, as all of the signs held by the protestors had the same blueprint and all of them wore the same article of clothing, the demonstrations were staged by the Taliban against women who held anti-Taliban views and who protested following the collapse of the former Afghan government. This kind of covering was unprecedented in Kabul or anywhere in Afghanistan. Women’s veiling varies across Afghanistan given their roles in society, agriculture, throughout their historical junctures, and in various geographical and cultural regions. Veiling has not been mandated under the law in the former government in Afghanistan, though the burqa was imposed during the first rule of...

Accountability Dilemma: The Use of AWS in the Russia-Ukraine Conflict

August 10, 2023August 10, 2023 by Meryem BahadirNo Comments

By Guest Writer Harsh Bansal INTRODUCTION The Russia-Ukraine conflict has reached an unprecedented level of intensity, fueled by advancements in military technology and modern warfare systems. As the possibility of the conflict being brought before the International Criminal Court (ICC) looms – which is likely in the backdrop of the issuance of Arrest Warrants by the Pre-Trial Chamber II – questions regarding assigning responsibility and accountability for the use of Autonomous Drones such as the USA's Switchblade, Turkey's Bayraktar TB2, Iran's Shahed-136, and most recently Ukraine's UJ-22 on the Kremlin Senate will arise. AWS These drones possess the remarkable capability of autonomous functioning, allowing them to operate independently without direct human control, hence dubbed Autonomous Weapon Systems (AWS). USA’s Defense Directive No. 3000.09 defines AWS as a system that "once activated, can select and engage targets without further intervention by a human operator.” All drones have different degrees of autonomy, hence making it more difficult to identify the perpetrator. Degrees of autonomy can be divided...

Democratic Republic of Congo v. Uganda: A Decade of Negotiations and Unfounded Judgment

August 10, 2023August 11, 2023 by Meryem BahadirNo Comments

By Guest Writer Pritika Negi and Eilin Maria Baiju By honoring and upholding the victim’s right to receive remedies and reparations, the international community maintains strong empathy for the victims of gross violations of International Humanitarian Law. After more than a decade, the International Court of Justice (ICJ) on February 9 2022, delivered a contentious judgment with respect to the international armed conflict between the Democratic Republic of Congo (DRC) and Uganda after the failure to reach a consensus in negotiations. Contrary to the goal, the mode of reparation was restricted to a mere $325 million in monetary compensation. The Democratic Republic of Congo (DRC) were to pay this amount in five annual installments instead of the initially claimed lump sum of $11 billion. The court awarded this compensation on an exceptional basis in the form of “global sums''—a rough estimate of the amount of damages that a court may grant when there are serious evidentiary difficulties, after denying all the...

Voices from the Turkish Rubbles: From Natural Disaster to Humanitarian Crisis

August 10, 2023August 11, 2023 by Meryem BahadirNo Comments

By Guest Writer Ayush Singh and Yuvraj Mathur The earthquake that rocked Turkey in 2020 not only caused widespread catastrophe and loss of life but also resulted in a severe human rights crisis. Beyond the fundamental right to life, the disaster infringed upon other fundamental rights, including the right to privacy, a healthy environment, property, education, and housing. Inopportunely, the Turkish government's response to the earthquake was inadequate, exacerbating the suffering of vulnerable populations and leaving them exposed to the rudiments. This article explores how the earthquake in Turkey turned from a natural disaster into a humanitarian crisis and sheds light on the Turkish government's derelictions in managing the repercussion of the disaster. The earthquake laid bare a severe deficiency in the enforcement of building regulations in the country. The 6.6 magnitude earthquake wreaked havoc in the western Turkish province of Izmir, causing significant damage to infrastructure and resulting in a considerable loss of life. The aftermath of the disaster exposed the...

Challenging Gender Norms: Critiquing the Statement Made by CJI DY Chandrachud on Same Sex Marriage

June 17, 2023 by Meryem BahadirNo Comments

By Guest Writer Surjit Raiguru In a seminal statement, Chief Justice of India (CJI) DY Chandrachud shines a spotlight on the intricate tapestry of gender identity and expression, deconstructing long-held misconceptions. Departing from reductionist notions, this article explores the profound interplay between biology, psychology, and society in shaping an individual's gender identity. By elucidating the nuanced nature of gender, CJI Chandrachud calls for an inclusive society that respects and validates diverse experiences, unravelling the complexities of gender, heralding a new era of acceptance and understanding. Gender identity and expression are complex and multifaceted concepts that cannot be reduced to simplistic notions based on reproductive organs. In a recent statement by CJI DY Chandrachud, he rightly acknowledged that there is no absolute concept of man or woman based on reproductive organs. However, his statement has been misunderstood by some, leading to misguided criticisms. CJI Chandrachud's statement highlights the fact that gender is not solely determined by biological sex. It goes beyond the physical characteristics...

Establishing Justice in U.S. Veteran Disability Claims

June 17, 2023June 17, 2023 by Meryem BahadirNo Comments

By Guest Writer Nicholas Sweitzer Ex-servicemembers of the United States are routinely being denied fundamental human rights by their federal government, despite their honorable service for the common national defense. In the 2020 census, the U.S. Government estimated the veteran population to be roughly 19.4 million, meaning this demographic is anywhere between 6.4% to 7.5% of the American adult population. Tragically, all stages of the disability-related claims process have become increasingly difficult for United States Veterans. For 33 years, The U.S. Department of Veterans Affairs, a government agency overseeing the benefits and healthcare for ex-servicemembers and the family members that survive them, has fundamentally neglected their duty of care and eroded the very social contract the United States was constituted on. Several structural issues in the claims process lead the nation’s protectors down a tumultuous path for compensation, reconciliation, and justice. In the wake of the COVID-19 pandemic, the Department temporarily closed its 56 regional offices to the public, sites where veterans...

Addressing Ableist Apologia: The Fixation on ‘Fitness’ in U.S. Politics

June 1, 2023June 1, 2023 by Meryem BahadirNo Comments

By Co-Editor Jess Gallagher Content note: ableist language and disablism “Dear leftists, I see that many of you were offended by my Fetterman comments, calling me an “ableist.” After thinking about it, I’d like to apologize … for absolutely nothing. I expect potential senators to be able to form complete thoughts and/or sentences. You idiots.” –Donald Trump Jr. And so, the age of ableism and apologia is among us, once again, in the political sphere. But where can we even begin to address this deeply ingrained rhetorical pattern amongst politicians? Let’s start with the most recent midterm election, and analyze what the victory of Pennsylvania State Senator, John Fetterman, shows us about the future of ableism in politics. In the Pennsylvania race for the state’s U.S. Senate seat, Democratic candidate John Fetterman has had to continuously defend his “fitness” to serve in office after experiencing a stroke in May. Republican candidate for Senate in Pennsylvania, Mehmet Oz, and his campaign continued to add to...

Disenfranchisement of Prisoners in India: Representation or Repression of the People?

March 27, 2023March 27, 2023 by Meryem BahadirNo Comments

By Guest Writer Avanti Deshpande Introduction Free and fair elections underpinned by the universal adult franchise are undoubtedly the cornerstone of a democratic state in today’s standards. Yet, while most democratic countries acknowledge the importance of voting rights, voter suppression and voter disenfranchisement are not new problems and have long been plaguing democracies. Indian law places a blanket ban on voting for all prisoners; i.e., not only convicts but under-trial prisoners whose innocence or guilt is yet to be proven conclusively in a court of law. With no exception, reasoning, or rationale being provided under law for denying prisoners the right to vote, this piece will attempt to critically engage with the issue of the disqualification of prisoners from voting in elections and argue that it is fundamentally unconstitutional and violative of the basic tenets of a democratic state. Overview of the Present Legal Framework The issue of the disenfranchisement of prisoners in India stems from Section 62(5) of the Representation of the People Act,...