- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
The Arc toward Justice and Peace
The Arc toward Justice and Peace
- Chapter:
- (p.467) 23 The Arc toward Justice and Peace
- Source:
- Arcs of Global Justice
- Author(s):
Mary Ellen O’Connell
- Publisher:
- Oxford University Press
William Schabas courageously declared that peace is a human right at a time when prominent human rights advocates have called for the use of military force in the support of human rights. This chapter in his honour supports his position. Human rights law and the law of peace are aligned; both are essential to the flourishing of humanity and the natural world. The chapter seeks a reversal of the trend that accepts killing in the name of human rights as morally justified and possibly even lawful. Following Schabas, the argument here is for greater understanding of the interconnected and mutually reinforcing nature of general international law, especially the law of peace, and human rights law. Humanity needs peace for human rights to flourish, and the world needs the robust rule of law for peace.
Keywords: right to peace, prohibition on force, right to life, militarism, UN Charter Article 2(4), humanitarian intervention, use of force, legal presumption
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- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
