Ethnographic research on post-war humanitarian intervention in Liberia has helped us to understand how international interventions especially in gender-based related violence and violation of human rights link debates on kinship, entitlement, private rights, and social responsibility. Liberian narratives, court cases, and efforts to change social norms and conduct about gender-based violence (GBV) in post-battle lifestyles are examined in this article, as well as the ongoing worldwide human rights discourse about GBV. Using a multi-faceted approach, our ethnography aims to show how the Liberian definition of "the GBV trouble," the goal of complicated GBV interventions, differs from the conception held by organizations and non-governmental organizations (NGOs) tasked with imposing international mandates. We want to give readers a glimpse into the various discourses and power dialectics surrounding this issue.
The TRC's (Truth and Reconciliation Commission of Liberia) response to its mid-mandate of investigating and determining responsibility for "egregious" domestic crimes, "gross" human rights violations, and "extreme" humanitarian law violations, as well as analyzing the underlying causes of Liberia's numerous episodes of state breakdown and violent conflicts, to recommend measures to ensure that reality, justice, and reconciliation are ensured, is represented in this work. 186 years of false impressions, inequality, poverty, oppression, and lethal struggle with long-lasting standards of fact, justice, and reconciliation are the goal of this work.
TABLE OF CONTENTS
ABSTRACT
ABBREVIATIONS
CHAPTER I
Introduction
Purpose of the Study
Statement of the Problem
The Objective of the Study
Research Questions
Significance of the Study
Structure of the Research
CHAPTER II
Literature Review
What are the rights that are protected by Human Rights?
International Human Rights, Fragmentation and Other Branches of Public International Law
CHAPTER III
Methodology
Research Design
Purpose of the Study
Research Questions
Data Collecting Sources
Limitations of the Study
CHAPTER IV
Findings and Discussions
Liberia’s Problem with Gender-Based Violence
Anti-Rape Women’s Group
What the Feminist Movement Has Done to Police Officers?
Experiences of Gender-Based Violence and Sexual Assault
Culture of Violence
Violations of Gender Equality When the Wars of Liberia Broke out
Gender-Based Violence in Different Forms
A Group of People Who Committed Acts of Violence Against Women
CHAPTER V
Discussion
Recommendations by the TRC in Addressing World Crimes and Crimes Against Humanity
International Crimes Committed During the Liberian Civil War
Has Liberia Acted Against Those Responsible for Human Rights Abuses
The Relationship Between Justice & Efforts to Heal a Social Fabric of Liberia
International Community Position on Judicial Accountability
Justice A Threat to Liberia’s stability?
Establishment of the TRC of Liberia and Delegation of Authority
Liberia’s Case Law
United Nations Human Rights Treaty Bodies of Liberia
Is Liberia a member party of other International Treaties and Organizations
CHAPTER VI
Conclusion and Recommendations
Conclusion
Recommendations
Map of the Republic OF Liberia
REFERENCES
SIMILARITY REPORT (PLAGIARISM)
ACKNOWLEDGEMENTS
The success of this study's paintings was made possible by the numerous contributions I received from individuals to whom I sincerely acknowledge my gratitude; I am grateful to them for their efforts toward the successful completion of this work, for which I am very honest to thank them for their honesty.
In the first place, I'd like to express my deepest gratitude to the Near East University faculty and staff and the Institute for Graduate Studies in Law. A special thanks goes out to Asst. Professor Dr. Nabi Berkut, who served as both an educational and research consultant. Thanks to his advice and recommendations, this research project has come to fruition. I'm ecstatic about that.
Many thanks and appreciation go out to my sponsors: the HUFU family, especially Dr. James Y. Hunder, Sr., Ms. Grace Torgbean, and Ms. Denise Morris, for their unwavering moral support and financial resources. They have been a tremendous help to me. Furthermore, I'd like to thank Hon. Julius T. Jaesen II for his editorial role played in editing my manuscript and structuring my dissertation. Thank you so much, my editorial consultant, for the level of support you put into my work! Your immaculate editorial skills ensured the success of my work, and I’m forever grateful.
The family and friends who have prayed for me while I've been away on this rich adventure are also people I respect. In addition to my beloved sister, Mrs. Mina Hunder-Scott, who helped me pursue this opportunity, I can't forget my mother, Mrs. Cenethe Leila Porte-Hunder, for her parental care. This adventure would have been a lot less enjoyable if I had forgotten about my colleagues in my department and the Liberian Students Association in Northern Cyprus. In addition, I value the critical feedback and suggestions provided by the anonymous reviewers on my dissertation. To those of you whose names I didn't include in this post but whose contributions to my happiness were either direct or indirect, I extend my sincere gratitude.
Brutus Jentzen Hunder
ABSTRACT
Assessment of International Human Rights Violations and Gender-Based Violence Committed During the Liberian Civil War 1989 To 2003
Hunder, Brutus Jentzen
LL. M, Department of International Law 2022, pages
Ethnographic research on post-war humanitarian intervention in Liberia has helped us to understand how international interventions, especially in gender-based related violence and violations of human rights, link debates on kinship, entitlement, private rights, and social responsibility. The Liberian narratives, court cases, and efforts to change the cordial quo and practices of gender-based violence (GBV) in post-battle lifestyles are examined in this article and in the ongoing worldwide human rights discourse about GBV. Using a multi-faceted approach, our ethnography aims to show how the Liberian definition of "the GBV trouble," the goal of complicated GBV interventions, differs from the conception held by organizations and non-governmental organizations (NGOs) tasked with imposing international mandates. We want to show readers some of the different ways this issue is talked about and how power is used.
The TRC's (Truth and Reconciliation Commission of Liberia) response to its mid-mandate of investigating and determining responsibility for "egregious" domestic crimes, "gross" human rights violations, and "extreme" humanitarian law violations, as well as analyzing the underlying causes of Liberia's numerous episodes of state breakdown and violent conflicts, to recommend measures to ensure that reality, justice, and reconciliation are ensured, is represented in this work. The goal of this work is to replace 186 years of false beliefs, inequality, poverty, oppression, and violent conflict with long-lasting standards of truth, justice, and peace.
Keywords: Gender-Based Violence, International Human Rights, Post-Conflict
LIST OF ABBREVIATIONS
illustration not visible in this excerpt
Chapter I Introduction
Purpose of the Research Study
The right of every human being to a decent existence rests on their ability to meet their basic material necessities. Human rights are a collection of these rights. Throughout the previous two centuries, these rights have been revisited.
Modern human rights theory questions the function of Androcentric and western man as a universally valid role model of behavior and ideas. There has been a change in this direction in the last few years.
We have gained a greater understanding of how important it is to take into account all of a person's individual qualities regardless of their gender or ethnicity. For Human rights to be universally considered, people and their rights must be seen as separate and unique, not as parts of larger groups1.
Despite the Declaration's provisions, human rights violations continue to occur around the world. The world has become more hypocritical even though power relations continue to dominate international politics. Despite the widespread use of the term "human rights," few people comprehend what it implies. However, human rights are theoretically unaffected but not in practice, and aim to protect the essential dignity of every human being wherever2. There is still a lot of debate around the human liberty notion. The issue of whether or not all people have rights solely because they are human is hotly debated theoretically. Every human rights claim is stymied by the demand for explanations, "say that of Michael Perry (30-31, 1998).
Religious and liberal philosophers agree on the importance of a legal and political consensus on human rights. Human rights are undercut by certain "postmodern" philosophers who take an anti-foundationalism stance, questioning the idea's supposedly solid foundations, such as universality and absoluteness. Article 38.8 of the International Criminal Court Statutes says that diplomatic privileges and immunity are among the most commonly accepted customary practices.
Human rights theories are examined in this dissertation, and it is argued that there can be no great synergy between different approaches. That the concept of rights is inherently contradictory, aiming for utopia while also succumbing to new forms of dominance, is the reason for this action. Using concepts like "sameness" and "purity," it hopes to demonstrate how the human rights movement has bred intolerance for variation. The study's results say that human rights should be looked at again from the point of view of difference, not equality.
At one point or another, 38 countries, including 14 in Africa, were involved in some sort of conflict. During Liberia's two civil wars, which lasted from 1989 to 1996 and 1999 to 2003, the country suffered greatly. Even though these conflicts have quite different origins, they share many commonalities3.
It appears that no one in Liberia cares that international human rights law and an end to gender-based violence were implemented after the conflict. Following the conclusion of the Rice War in 1989, post-war countries began to focus on justice building, and it has since become a thriving activity.
As a result of these missions, there have been opportunities for conflict mediation, leading to the current process of justice training evolving into what it is now. As the democratic process and the marketization of these issues progressed, so did the focus on human rights and, in particular, violence against women. Participating countries are included.
Nongovernmental and commercial human rights groups can help prevent conflict by focusing on international human rights and violence against women in general rather than focusing just on domestic issues4. The effects of human rights violations are not only local but also worldwide; therefore, effective states can interfere. But in some cases, reform may fuel the fire rather than extinguish it.
Human rights around the world and violence against women have not brought lasting peace to many countries that have just come out of a war5.
Statement of the Problem
From 1989 through 2003, Liberia's civil wars ravaged the country's social fabric and infrastructure. More than a half-million people lost their lives as a result of the conflict or of ailments that went untreated. The conflict in Liberia has forced 700,000 people to evacuate their homes and displaced over 1.4 million people. Far more misfortunes befall women and girls than men. Almost half of the women who participated in a small-scale study in Monrovia, Liberia, were abused by soldiers or fighters6.
Various sorts of violence have occurred because certain groups or sectors have greater power than others. Women's subjection acts as a tool for male supremacy because of social control over females. The societal consequences of gender-based violence are substantial. Inequality in gender roles and cultural norms affects women's human rights both directly and indirectly. Why aren't they more well-known? because they used to be socially acceptable but were largely kept out of the public eye.
Husbands' harshness and physical violence toward their spouses were common in the 18th and 19th centuries as a "punitive corrective" for women who broke social conventions. This year's event aims to raise awareness of the plight of women who have been assaulted physically, sexually, or psychologically at home, work, or school. Because individuals are becoming increasingly afraid of violence, today's culture is questioning the fundamental link between violence and gender interactions. This is due to a growing aversion to violence.
It is illegal to engage in any type of gender-based violence, no matter where or how it occurs. Violence against women in prison or jail, violence against women who have been relocated, and trafficking in women are all included in this category.
Recent studies show that there is a lot of violence against women in our society, but that only a small number of cases are reported7.
The research on domestic violence, which began in the late 1980s, has produced a significant amount of data and analysis. These numbers have given us an idea of how big the problem is, but different social groups understand it in different ways.
The Objective of the Research
As a result of our research, we hope to:
1. To gain a sense of the scale of Liberia's human rights abuses during the civil war.
2. Liberian women who were harmed as a result of their gender during the civil war will be examined in this study
3. To suggest a solution to the problem of gender-based violence and human rights abuses.
Research Questions
1. Does your understanding of Liberia's civil war human rights violations have improved since the conflict began?
2. In Liberia, how common is violence against women?
3. Do you have any suggestions for how to make the system more effective at protecting women, both legally and practically?
Significance of the Research
Policymakers and academics in Liberia will benefit greatly from the findings of this study, which will illuminate ways to enhance the country's judicial system.
Structure of the Research
There are six sections in all. To review, earlier sections of the book examined the best and worst of Liberia's efforts to protect women from domestic violence, as well as the unique challenges that these victims experience on an everyday basis. According to the study's importance and legal background, Liberians are increasingly concerned about preventing violence against women and girls. The second chapter of this thesis summarizes findings on human rights and gender-based violence in Liberia and around the world. Accordingly, the study's theoretical and philosophical framework is outlined in this part as well.
The third chapter of this study focuses on Liberian women's oppression and the genuine threat of violence that pervades their lives and how it impacts their ability to participate in society. Many human rights breaches occurred during Liberia's civil war. These concerns are addressed in greater detail in Chapter 4.
Liberia's human rights and gender-based violence are examined in Chapter 5. According to international standards, the problem of violence in Africa should be categorized as one of the human rights. The government’s and non-governmental groups' efforts to help Liberian women during the civil wars are examined here. Chapter six is devoted to coming to a conclusion and making recommendations.
CHAPTER II
This chapter of this research study reviews summaries of related literature or previous studies carried out by other scholars, academics, or researchers that are closely related to the topic of this study.
Literature Review
In the discourse on universal human rights, tons of challenging issues have been raised by academics, politicians, and scholars about universal human rights. To go any further, it is important for one to first understand the theoretical foundations of human rights8 by considering the competing understandings of the variant protected benefits and guarantees. In addition, human rights, in no small way, have their share of strengths and limitations when confronted with the varying obstacles that utilitarianism and theories espouse. Several scholars and academics averred that the reason why human rights exist is to protect the inherent dignity and value of life. Human rights evolved to protect the dignity of human life. Scholarly debates were put forward, particularly by thinkers of liberalism from the western belt, that the issues of human rights should primarily be conditioned on the advancement of human self-respect. Compelling intellectual debates have been espoused by liberal scholars on the concepts of human rights9. Some argue convincingly that, in any society the world over, human rights are always concerned about the advancement of the dignity and respect of humans.
A scholar of contemporary human rights discourse, Donnelly J., opined that the human rights that we all have are not the essentials to our health; rather, they are essential to a dignified and respectable life that is worthy of our existence. This view held by the revered scholar is certainly the most widely held view in the ever-fascinating intellectual discourse on human rights.
In the promotion of human dignity, there is no doubt it goes with appeal given that human life is extremely valued when compared with the lives of animals in many societies the world over simply because of the cognitive capacities we have when it comes to improving the quality of our lives.
It is uncertain whether the concept of human dignity is essentially a question of ethical preference, especially when the understanding of dignity takes on fundamental importance. This decision must be made, but who is responsible for making it, and why should one definition of dignity be given precedence over another? This does not necessarily mean that we are on the same page about the fundamentals. Instead of liberalist ideas, which say that everyone was created equal and then put into different classes10.
These daring philosophies viewed dignity as an attempt to accomplish one’s vision. Human dignity, however, should be a shared vision if the rights of humans must follow the trend of universality.
The goal of human rights cannot be dignity if there is not enough commonality among the people. Human well-being can be used as an alternative foundation for human rights. On the other hand, Gewirth asserts that "all morality and practice have agency or action as their common topic."
Human rights protect the basic freedoms and well-being that people need to act, not just because it's the right thing to do11.
There are three distinct kinds of rights, each of which has an impact on a person's well-being. A person's basic rights ensure that he or she will be able to eat and survive. The purposive agency is maintained by non-subtractive rights, whereas additive rights, such as education, aid in the development of one's capabilities. Humans' potential for purposeful agency is vastly different, hence Gewirth distinguishes between these rights. The human being's potential for agency is directly related to the rights they are granted under the idea of proportionality, which he coined. Due to their lack of ability to carry out any purposeful actions, comatose individuals are only entitled to a basic level of food and shelter. In the literature about human rights, their people have said that human rights can't be considered universal because they aren't based on what people can do. They have also been very critical of Gewirth's approach12.
Douglas Husak, for example, has utilized Gewirth's theories to argue that universal rights are impossible. Husak highlights one important difference in human rights13 is the fact that humans are considered no special person if they are indeed unfit to undertake any purposeful agency at any time in the future. Assuming individuals in society are given certain rights as moral agents. Gewirth's thesis nonetheless holds that not all humans have the same degree of access to all human rights, which some may find disturbing (or at all)14. It has been proposed by John O'Manique that human rights might be understood as the result of evolution and human growth. For O'Manique, the quest for a universal foundation for human rights theories was motivated by the desire to discover a base that was not as subject to controversy or denial as dignity was15. Beyond the idea of survival, O'Manique takes his theory to new heights. To be clear, he openly criticizes the notion that human rights derive from basic human necessities. In O'Manique's view, human rights should be elevated to an entirely new level by focusing on the complete development of human potential. In the paradigm above, the first premise P1 is really "I ought to develop".
Very brilliantly and succinctly, the scholar O’Manique argues that human desires are squarely and fundamentally the achievement of life and not merely about the preservation of existence. Very brilliantly and succinctly, the scholar O’Manique argues that human desires are squarely and fundamentally the achievement of life and not merely about the preservation of existence.
What are the rights that are protected by Human Rights?
In addition to the ongoing debate concerning their origins and potential holders, human rights also have a nebulous nature. A heated discussion rages on the meaning of human rights. Based on the 'right' involved, universality and inalienability are largely determined16. A distinction must first be made about the adjectival idea of right—which accentuates good quality and practical ideals—that highlights what is achievable in life. It's common for people to overestimate the importance of the notion just by claiming profits, which people perceive proper as human rights. Generations are considered second and third in the literature on human rights, including the right to economic growth and prosperity, in addition to a clean environment, which are examples of this misconception. Though some advocates of rights, especially human rights17, unwelcome the profits or gains others insist – maintaining the view that benefits must be accepted.
B. One way to look at it is that if A is entitled to health care, then it is B's duty as well as B's responsibility to ensure that A gets access to such care. Given that human rights advocates hold the strong view that the inclusion of benefits as rights, some scholars averred that peace plus wealth should also be embedded in rights. However, even the substantive term "right" has multiple connotations. Wesley Hohfeld defined the term "A has a right to X" in 1919 by laying out four different implications that might be applied to it.
A claim-right is the most typical interpretation of this phrase. It holds that A must have a claim to X whilst B is under the obligation to allow A to claim X; this is a claim against a correlative duty of
If A has a right to privacy, B must refrain from interfering with A's possession of benefit X, as this would be a violation of B's duty of non-interference18.
To be clear, the responsibility may be owed by a specific individual or official, or it may apply to the entire community. For a claim-right to exist, there must be a direct link between the benefit sought by one party (A) and the responsibility assumed by the other party (B). The statement "A has a right to X" might have additional meanings that don't imply any obligation on the part of another person to do so. The phrase may refer to A's freedom from X. As a result, A does not need to refrain from doing or possessing X, which may be contrary to the status of others. No one has a duty of care to A about A's enjoyment of X; hence A cannot raise a claim against anyone else. The right to wear whatever one wants while doing home duties is a liberty that can be enjoyed by everyone. Because A has no obligation to refrain from doing X, but others do, liberty is a subset of privilege19.
However, ordinary students are required to walk on the walkways in several English colleges, where only dons are allowed to cross the quadrangle grass. If the dons choose to walk on a lawn, no one is obligated to supply it. This is true in any form of libertarian society.
In some cases, saying something like "A has the right to X" can be taken to mean that A has the authority to change X in some way. Because of this, a bicycle owner can sell it, and a customs officer can take it or restrain a person’s boundaries. Hohfeld's list of possible meanings of the phrase "to have a right" should be expanded to include other instances in which the phrase refers to principles, demands, or desires presented. For this reason, the term "rights" is frequently used to denote ideas rather than tangible rights20.
Some scholars believe that peace and prosperity must therefore be underlying objectives and aims for the characterization of human rights to be achieved and enjoyed by everyone. In addition, when people claim that they have the right to a benefit because it meets a specific need, they create more misunderstandings.
In addition, the terms "making a claim" and "holding a right" are used interchangeably in certain contexts. Even if someone asserts that they have a legal right, they don't necessarily have one. Rights are not created by asserting them21. So, arguing for a "right to wealth" doesn't show that these benefits are constitutional rights that can be enforced.
If a businessman gives $5 to a beggar, that doesn't establish the beggar's right to it; the businessman may give it to the beggar, but that doesn't establish the beggar's right to it.
Remember that you don't have to be entitled to the benefits of another person's good deed to gain from it. Charity does not have a right to Christians' money, even if Christians believe they have a moral obligation to do it. When debating human rights, it's critical to keep these varying interpretations of "right" in mind. Claims-based human rights are by far the most popular interpretation of "right" in human rights. People are entitled to a specific benefit and have a duty to others in connection with that benefit. The increasing codification of human rights into legal texts may be a factor in this trend.
International Human Rights, Fragmentation and other Branches of Public Law
As a result, it is more effective to consider human rights as petition rights, rather than people being denied the right to claim that others must provide them with the benefit to which they are entitled22. Since governments are the institutions directly obligated by human rights documents, much of the focus of human rights activity is on the observance of rights stipulated in international accords. A serious challenge arises in identifying the responsibility-holder for human rights if they are petition-rights with a parallel responsibility on someone to supply or defend the benefits23.
[...]
[1] There was an ethnic and spiritual rift in Liberia from 1989 to 1994, according to Ellis, S. (ed) (1995). Pages 165–197 in African Affairs, 1994, volume 94, number 376.
[2] Human Rights Reports of the United Nations, 2019.
[3] Liberia Conflict Report, Democracy Watch 2007
[4] Human Rights Reports of the United Nations, 2019
[5] Truth and Reconciliation Commission Report on Liberia, 2010
[6] The Liberian Human Rights Commission's 2011 Annual Report
7 Hanrahan’s second article, titled "Violations of human rights and armed conflict
[8] Bowman, Domestic Violence, and its Theoretical Foundation in African Context: African Journal Research and Culture. 2016, PP245
[9] M. J. Perry, Toward a Theory of Human Rights: Religion, Law, and Courts, 2007. (New York).
[10] Delivered at the 7th Meeting of the Global Compact Working Group, United Nations, New York, December 2010 11 Berenbeim R, "Linking Human Rights to Anti-Corruption," A non-religious foundation for human rights in a pluralistic environment, Hendrix C. S. and Kohen A. (2007). (Abingdon, OX: Routledge).
[11] International Human Rights by Donnelly J. (Westview Press, 1998), p. 3 25 Human rights declaration of the United Nations by Minato M., http://historia.gazeta.pl/historia/1,99550,6896573,Powszechna Deklaracja Praw czlowieka ONZ.html (available online).
[12] A Statement on Human Rights reproduced in P. Hayden (ed.), The Philosophy of Human Rights (2001). (St. Paul, MN: Paragon House).
[13] Husak, D. N. (1984). Why there are no human rights. Social Theory and Practice, 10(2), 125-141.
[14] Gewirth, A. (1984). The epistemology of human rights. Social Philosophy and Policy, 1(2), 1
[15] O'Manique, J. (1990). Universal and inalienable rights: A search for foundations. Hum. Rts. Q., 12, 465.
[16] In Johan Galtung's 1994 book Human Rights in Another Key, a needs-based approach to human rights was presented. Philip, Understanding Human Theories and Practices, vol. 10, no. 2, 1984, pgs. 125-141, Douglas Husak.
[17] Galtung, J., & Höivik, T. (1971). Structural and direct violence: A note on operationalization. Journal of Peace Research, 8(1), 73-76.
[18] Allan Gewirth, "Why There are Human Rights," (1985) 11 Social Theory and Practice, 235-248, at p.235
[19] Husky, "Why No Human Rights," Social Theory and Practice, vol. 10, no. 2, 1984, pgs. 125-141, Douglas Husak.
[20] John Dorley: Why Rights are Inalienable and Inherent? (University of Chicago Press, 1997) P167. Cathrine McClain: Protecting the Liberty and Right of Mankind. (Colombia University Press 2012, P234).
[21] Husak, D. N. (1985). The motivation for human rights. Social Theory and Practice, 11(2), 249-255.
[22] See Tom Campbell, The Left, and Rights: A Conceptual Analysis of the Idea of Socialist Rights, London: Routledge and Kegan Paul, 1983, for a complete explanation. Inquiries into the Concept of Human Rights, Perry, M. J. (Oxford: Oxford University Press).
[23] 19 Human Rights in Theory and Practice, Ithaca: Cornell University Press, 1989
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- Brutus Jentzen Hunder (Author), 2022, An Assessment of international Human Rights Violations and Gender Based Violence Committed During the Liberian Civil War, Munich, GRIN Verlag, https://www.grin.com/document/1254855
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