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Guarding utopia : Law, vulnerability and frustration at the UN Human Rights Committee

Halme-Tuomisaari, Miia LU (2020) In Social Anthropology 28(1). p.35-49
Abstract
In the 1940s activists lobbied for the creation of a binding international bill of rights backed up by an international human rights court as the backbone of the post‐World War II order. Together, so the activists believed, these would guarantee peace and harmony to all mankind. Seven decades later this vision has been transformed into a cluster of UN human rights treaties and expert committees known as treaty bodies to monitor them. In practice treaty bodies process documents in ongoing bureaucratic cycles, which are located somewhere between an audit ritual and a court session. This duality is a source of strength as well as vulnerability and frustration, embodying an endless navigation between the ‘utopia’ of a robust and binding legal... (More)
In the 1940s activists lobbied for the creation of a binding international bill of rights backed up by an international human rights court as the backbone of the post‐World War II order. Together, so the activists believed, these would guarantee peace and harmony to all mankind. Seven decades later this vision has been transformed into a cluster of UN human rights treaties and expert committees known as treaty bodies to monitor them. In practice treaty bodies process documents in ongoing bureaucratic cycles, which are located somewhere between an audit ritual and a court session. This duality is a source of strength as well as vulnerability and frustration, embodying an endless navigation between the ‘utopia’ of a robust and binding legal framework and an ‘apology’ for actual state conduct. This paper explores how this duality manifests itself in the practices of the most authoritative and ‘court‐like’ treaty body of the UN, namely the Human Rights Committee monitoring state compliance over the International Covenant on Civil and Political Rights (ICCPR), simultaneously exploring how the vision is kept alive. (Less)
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author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
United Nations, human rights, human rights monitoring
in
Social Anthropology
volume
28
issue
1
pages
35 - 49
publisher
Wiley-Blackwell
external identifiers
  • scopus:85079715267
ISSN
0964-0282
DOI
10.1111/1469-8676.12739
language
English
LU publication?
no
id
4bdeb456-6f8d-45d1-a56c-8f6cb198d197
date added to LUP
2020-11-22 14:00:52
date last changed
2022-04-19 02:14:07
@article{4bdeb456-6f8d-45d1-a56c-8f6cb198d197,
  abstract     = {{In the 1940s activists lobbied for the creation of a binding international bill of rights backed up by an international human rights court as the backbone of the post‐World War II order. Together, so the activists believed, these would guarantee peace and harmony to all mankind. Seven decades later this vision has been transformed into a cluster of UN human rights treaties and expert committees known as treaty bodies to monitor them. In practice treaty bodies process documents in ongoing bureaucratic cycles, which are located somewhere between an audit ritual and a court session. This duality is a source of strength as well as vulnerability and frustration, embodying an endless navigation between the ‘utopia’ of a robust and binding legal framework and an ‘apology’ for actual state conduct. This paper explores how this duality manifests itself in the practices of the most authoritative and ‘court‐like’ treaty body of the UN, namely the Human Rights Committee monitoring state compliance over the International Covenant on Civil and Political Rights (ICCPR), simultaneously exploring how the vision is kept alive.}},
  author       = {{Halme-Tuomisaari, Miia}},
  issn         = {{0964-0282}},
  keywords     = {{United Nations; human rights; human rights monitoring}},
  language     = {{eng}},
  month        = {{02}},
  number       = {{1}},
  pages        = {{35--49}},
  publisher    = {{Wiley-Blackwell}},
  series       = {{Social Anthropology}},
  title        = {{Guarding utopia : Law, vulnerability and frustration at the UN Human Rights Committee}},
  url          = {{http://dx.doi.org/10.1111/1469-8676.12739}},
  doi          = {{10.1111/1469-8676.12739}},
  volume       = {{28}},
  year         = {{2020}},
}