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Planned Misery of the Children in Al-Hol : Distancing as Bar to Rights and Consular Protection

Korhonen, Outi and Halme-Tuomisaari, Miia LU (2022) In Beijing Law Review 13(4). p.864-881
Abstract
Why are Western governments not retrieving detained minor nationals from Al-Hol’s purgatory-like conditions? This article shows, under international human rights law, that the status of detained children as rights bearers is uncontroversial, as is their right to positive protection. We raise issues from recent debate on the securitisation of geopolitics in the relationship between the Middle East and the West, to demonstrate that there is little randomness, accidental, or arbitrary in the detained children’s suffering. The suffering is a product of the socio-economic arrangement that characterises our prevailing world order—and that is connected to international human rights law’s “civilising mission”. We conclude by asking: How is the... (More)
Why are Western governments not retrieving detained minor nationals from Al-Hol’s purgatory-like conditions? This article shows, under international human rights law, that the status of detained children as rights bearers is uncontroversial, as is their right to positive protection. We raise issues from recent debate on the securitisation of geopolitics in the relationship between the Middle East and the West, to demonstrate that there is little randomness, accidental, or arbitrary in the detained children’s suffering. The suffering is a product of the socio-economic arrangement that characterises our prevailing world order—and that is connected to international human rights law’s “civilising mission”. We conclude by asking: How is the legitimacy of the human rights regime sustained despite fundamental inconsistencies and failures to realise its purpose? (Less)
Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Human Rights, Al-Hol, International Law, Minors, Civilizing Mission
in
Beijing Law Review
volume
13
issue
4
pages
18 pages
publisher
Scientific Research Publishing (SCIRP)
ISSN
2159-4627
DOI
10.4236/blr.2022.134057
language
English
LU publication?
yes
id
39390c03-fda3-4383-b608-509112725846
date added to LUP
2024-01-09 09:42:39
date last changed
2024-01-19 10:03:10
@article{39390c03-fda3-4383-b608-509112725846,
  abstract     = {{Why are Western governments not retrieving detained minor nationals from Al-Hol’s purgatory-like conditions? This article shows, under international human rights law, that the status of detained children as rights bearers is uncontroversial, as is their right to positive protection. We raise issues from recent debate on the securitisation of geopolitics in the relationship between the Middle East and the West, to demonstrate that there is little randomness, accidental, or arbitrary in the detained children’s suffering. The suffering is a product of the socio-economic arrangement that characterises our prevailing world order—and that is connected to international human rights law’s “civilising mission”. We conclude by asking: How is the legitimacy of the human rights regime sustained despite fundamental inconsistencies and failures to realise its purpose?}},
  author       = {{Korhonen, Outi and Halme-Tuomisaari, Miia}},
  issn         = {{2159-4627}},
  keywords     = {{Human Rights; Al-Hol; International Law; Minors; Civilizing Mission}},
  language     = {{eng}},
  month        = {{12}},
  number       = {{4}},
  pages        = {{864--881}},
  publisher    = {{Scientific Research Publishing (SCIRP)}},
  series       = {{Beijing Law Review}},
  title        = {{Planned Misery of the Children in Al-Hol : Distancing as Bar to Rights and Consular Protection}},
  url          = {{http://dx.doi.org/10.4236/blr.2022.134057}},
  doi          = {{10.4236/blr.2022.134057}},
  volume       = {{13}},
  year         = {{2022}},
}