In a world where civilians, mostly women and children, remain adversely affected by armed conflict and millions of human beings are at the mercy of state repression, insurgencies, and violence, hum...

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

This book challenges the World Medical Associationâ (TM)s (WMA) International Code of Ethics statement in 2004, which declared that â ~medical ethics in armed conflict is identical to medical ethics in times of peaceâ (TM). This is achieved by examining the professional, ethical, and legal conflicts in British Military healthcare practice that occur in three distinct military environments. These are (i) the battlefield, (ii) the operational environment and (iii) the non-operational environment. As this conflict is exacerbated by (...) the need to achieve Operational Effectiveness, this book also explores the dual loyalty conflict that Military Health Care Professionals (MHCPs) encounter between following military orders and professional codes of practice. The method used to challenge the WMAâ (TM)s statement and explore these conflicts is the use of real-life problem-solving vignettes, which mirror actual ethical and professional conflicts and dilemmas that may occur in the three environments. The areas of law analysed similarly reflect the difficulties that MHCPs face when caring for the sick and wounded in violent locations when under attack. In particular, the book questions whether it is right for a MHCP to owe their patients a duty of care in hostile environments. This leads on to questioning if any MHCP could be protected by combat immunity where no duty of care is owed to fellow soldiers in the battlefield. The book also questions whether the standard of care should be variable in hostile environments. It also explores the dual loyalty conflict of a wounded senior officer refusing treatment from a junior officer. In addition, it examines the difficulties of a doctor maintaining patient confidentiality when a soldier refuses treatment for a psychological injury but wishes to redeploy to the battlefield. The book successfully challenges the WMAâ (TM)s statement. It also concludes by suggesting that neither a military-focused approach nor a professional healthcare-focused approach towards military healthcare is the best way to solve the dual loyalty conflict. (shrink)

Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim (...) that the International Humanitarian Law may not apply to the new phenomena just because it is caused by the advanced technology. Even if the Geneva Conventions of 1949 are already sixty years old, the International Humanitarian Law in itself has at minimum customary response mechanism, granting, in a spirit of Marten’s clause, protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience (Protocol I). Notwithstanding, some more complicated fundamental issues also have to be addressed: how the use of cybernetic weapons and means may affect the classic notion of armed conflict? How it can be interpreted in the light of new technologies, i.e. can we still rely on a classic understanding of weapon’s kinetic effect as the main element, or shall we embrace effectsbased “Schmitt’s criteria”. If it so happens, will it make an act without apparent damage to a person/property equal to military hostilities, required by the armed conflict notion and justify the real-life response to it. The effective or overall control tests were used for the attribution of non-state actor’s activity to the state party of an armed conflict but these tests might not meet its purpose in the virtual battlefield of loose networks and open-source communities. If the concept of armed conflict is treated more flexibly, other changes (including issues of attribution) may follow, as well. Perhaps this is the way how the combatant institute will evolve. With classic combatant’s criteria impossible to apply on virtual battlefields, one of the options would be to elaborate concepts of “constant combat function” and “direct participation in hostilities” more precisely, as well as to reconsider state’s affiliation requirements. (shrink)

ABSTRACT Although considerable attention has been given to ethical issues related to clinical research in developing countries, in particular related to HIV therapy, there has been limited focus on health systems research, despite its increasing importance in the light of current trends in development assistance. This paper examines ethical issues related to health systems research in ‘post’‐conflict situations, addressing both generic issues for developing countries and those issues specific to ‘post’‐conflict societies, citing examples from the author’s Cambodian (...) experience. It argues that the destruction of health infrastructure results in a loss of structures and processes that would otherwise protect prospective research subjects who are part of vulnerable populations. It identifies the growth of health systems research as part of a trend towards sectoral and programmatic development assistance, the emergence of ‘knowledge generation’ as a form of research linked to development, and the potential for conflict where multilateral and bilateral donors are both primary funders and users of health systems research. It also examines the position of the health system researcher in relation to the sponsors of this research, and the health system being analysed. (shrink)

More than a quarter of the global population of two billion children live in Islamic countries; therefore, their protection is vital while a handful of them are suffering from lack of hygiene, education, and poverty. The current armed conflict in different ways also has an effect and seriously impacts children as victims and associates in armed groups. Organization of Islamic Conference as a collective voice of its 57 members, initiated a series of efforts in this regard. (...) Islamic texts and traditions show significant importance for child protection, but what has been done until today by OIC as a main intergovernmental Organization guided by Islamic principles, values and norms, is not sufficient. Covenant on the Rights of the Child in Islam is the first human rights binding document adopted by OIC as part of consecutive efforts of OIC to promote protection of children. Although it is regarded as an important step, its adequacy for protection of children affected by armed conflicts is under question. Furthermore, in comparison to International Humanitarian Law and Convention on the Rights of the Child, it does not reflect proportionately and further provisions for children affected, with regard to the extent and the dimensions of conflicts in Islamic countries. (shrink)

Colombia is the second country with the highest number of internally displaced persons. In the last 10 years, more than 400,000 young people carry, in their life experiences, the title of victims. The psychological and social circumstances that determine the lives of displaced young people in the world are not unknown. Fear, the poor resources for social adaptation available to them, and the possible reproduction of the cycle of violence, represent psychosocial risk factors in the young and displaced population. In (...) this context, the Victims Law in Colombia stipulated various measures of repairment, including Relocation and Return provided the conditions of voluntariness, security, and dignity are present. A hypothesis that well-being will be better in the returnees was set, since they would strengthen the social support networks between neighbors and other victims in their old spaces of life. To test the hypothesis, the scales of Psychological Well-being, Social Well-being, the Satisfaction with Life Scale, and the Psychosocial Trauma Scale were applied to young returnees and relocated in Colombia. The Exploratory and Confirmatory Factor Analysis was performed to extract the general measure of well-being and psychosocial trauma followed by the comparison between the groups. Significance, power, and effect size indicators were obtained, and finally, the partial correlation between the groups was made in relation to psychosocial trauma and well-being. Results showed that returnees have greater well-being and clearer indicators, with respect to that of relocated. In addition, the well-being of returnees has fewer trauma factors, who in turn are quasi-moderated by the situation of return or relocation. (shrink)

In this thesis, I discuss the ethics of civilian protection in armed conflict from the perspective of applied ethics. Specifically, I attempt to explore a way to supplement the limitations of just war theory in civilian protection by providing a fundamental case for civilian protection, by way of considering insights gleaned from David Hume’s conception of justice, and from the perspective of professional military ethics. Moreover, I will further defend my argument for the protection (...) of civilians in armed conflict by demonstrating the immorality of torture. In Chapter 1, I discuss the status of civilians by examining legal and ethical concepts. In Chapter 2, I critically discuss the scope and limitations of just war theory in civilian protection. In Chapter 3, I analyse how civilian protection was considered and how civilians were harmed in the Israeli–Palestinian conflict. In Chapter 4, I critically examine civilian protection as part of just conduct in armed conflict by referring to Hume’s conception of justice. In Chapter 5, I examine civilian protection from the perspective of military ethics. In Chapter 6, I make a case against the moral justifiability of torturing civilians in order to illustrate how civilians should be protected in an extreme situation. (shrink)

Rational Sentimentalism develops a novel theory of the sentimental values. These values, which include the funny, the disgusting, and the shameful, are profoundly important because they set standards for emotional responses that are part of our shared human nature. Yet moral philosophers have neglected them relative to their prominence in human mental life. The theory is sentimentalist because it holds that these values are emotion-dependent—contrary to some prominent accounts of the funny and the disgusting. Its rational aspect arises from its (...) insistence that the shameful (e.g.) is not whatever elicits shame but what makes shame fitting. Shameful traits provide reasons to be ashamed that do not depend on whether one is disposed to be ashamed of them. Furthermore, these reasons to be ashamed issue in reasons to act as shame dictates: to conceal. Sentimentalism requires a compatible theory of emotion and emotional fittingness. The book explicates a motivational theory of emotion that explains the peculiarities of emotional motivation, as other theories cannot. It argues that a class of emotions are psychological kinds with the same goal across cultures, despite differences in their elicitors. It then develops an account of fittingness that helps to differentiate reasons of fit, which bear on the sentimental values, from other considerations for or against having an emotion. Some significant and controversial conclusions emerge from rational sentimentalism. The sentimental values conflict with one another, and with morality, but nevertheless provide practical reasons that apply to humans—though not to all rational agents. (shrink)

Environmental protection in times of armed conflicts, irrespective internal or international, is rarely considered as a prioritized concern. Due to the concept of state sovereignty, this is especially problematic when examining interaction of warfare and environmental protection in non-international hostilities. Not only it is challenging to find any exhaustive and explicit legal provisions regulating the matter, but this issue has also been forgotten by international legal scholars. Therefore, in this article the author reviews written and customary norms (...) laid down in documents of various branches of international law, such as international humanitarian law, human rights law, environmental law and international criminal law, which directly or by way of interpretation may favour environmental protection in times of internal armed conflict. This is to be done in order to gather information about the sufficiency of legal framework on preservation of the environment in times of noninternational armed conflicts. After doing this research, a few possible means to improve current legal framework are suggested. The author suggests to impose civil liability, enact new comprehensive document, initiate changes in international criminal law and other. (shrink)

Why do states who are committed to the principle of civilian immunity and the protection of non-combatants end up killing and injuring large numbers of civilians during their military operations? Bugsplat explains this paradox through an in-depth examination of five conflicts fought by Western powers since 1989.

ABSTRACTSolving a conflict between two response options in an interference task has been found to increase control in a subsequent conflict situation. The present research examined whether such conflict adaptation persists in the presence of distractors that have motivational relevance and are therefore competing for attentional resources. In an adjusted flanker task, motivational distractors were presented together with the current trial while the previous trial never included any distractor. Accumulated evidence across three studies showed that motivational distractors (...) reduced the conflict adaptation effect. This was found irrespective of the location at which the distractor occurred, and independent of its valence. Study 3 and a merged data analysis ruled out low-level alternative explanations. In line with a dual competition account (P... (shrink)

Wars must be won if our country … is to be protected from unthinkable outcomes, as the events on September 11th most recently illustrated…. This best protection unequivocally requires armed forces having military physicians committed to doing what is required to secure victory…. As opposed to needing neutral physicians, we need military physicians who can and do identify as closely as possible with the military so that they, too, can carry out the vital part they play in meeting (...) the needs of the mission.Counterpoint:We believe the role of the “physician–soldier” to be an inherent moral impossibility because the military physician, in an environment of military control, is faced with the difficult problems of mixed agency that include obligations to the “fighting strength” and … “national security.”. (shrink)

The goal of military medicine is to conserve the fighting force necessary to prosecute just wars. Just wars are defensive or humanitarian. A defensive war protects one's people or nation. A humanitarian war rescues a foreign, persecuted people or nation from grave human rights abuse. To provide medical care during armed conflict, military medical ethics supplements civilian medical ethics with two principles: military-medical necessity and broad beneficence. Military-medical necessity designates the medical means required to pursue national self-defense or (...) humanitarian intervention. While clinical-medical necessity directs care to satisfy urgent medical needs, military-medical necessity utilizes medical care to satisfy the just aims of war. Military medicine may therefore attend the lightly wounded before the critically wounded or use medical care to win hearts and minds. The underlying principle is broad, not narrow, beneficence. The latter addresses private interests, while broad beneficence responds to the collective welfare of the political community. (shrink)

Among the thousands who arrive in Europe to seek asylum each year, a significant number are children traveling on their own. Like adults, they are fleeing from war and armed conflict situations, persecution, severe poverty, and deprivation. Some arrive because they have been trafficked and some are fleeing for reasons specifically related to their status as children. They need special attention, not only in terms of specialized care and assistance, but also in terms of the refugee status (...) determination procedure. When they arrive in a country of asylum they risk further violations of their rights. This paper intends to outline the rignts of these children under international law; to highlight key protection concerns facing them, particularly in the European context; to summarize ways of how a UN/ngo program has attempted to address these problems; and to make some specific recommendations. (shrink)

The re-examination of the classification of modern armed conflicts is done through the analysis of humanitarian law and the available data on armed conflicts, by combining the legal, political and ethical dimensions of war and the statistical indicators of modern conflicts.The author answers the questions about: Defining the conflict according to the various philosophical, social and legal criteria with the cultural, legal and political basis of the war and the corresponding reasons for the occurrence and prolongation of (...) the conflicts; and the main trends of the conflicts through the numerous presences of the conflicts on the global scene, the number of victims, the regional displacement of the conflicts and the role of the Islamic State.In the analysis of the conflicts, the complexity of the modern conflicts through the expanded categories of victims and combatants, as well as the need for the protection of the victims, are emphasized.Hence the research touches on the issue of the applicability of the legal and illegal combatant categories and the corresponding immunity that follows them.Researching the trends of modern armed conflicts cannot avoid the ethical dimensions surrounding the category of child soldiers. From a methodological point of view, the problem of determining precise statistics for the indirectly killed civilians, who continue to represent the largest category, remains unsolved. (shrink)

During asymmetric war, state armies must care for their local allies, detainees and the civilian population in two contexts: acute care for those wounded during military operations and medical care for the general population as required by the Geneva Conventions. Constrained by scarce resources, state armies face a number of moral dilemmas that affect care on the ground.Triage. As they deploy, state armies allocate in-theater medical resources to care for their soldiers. In-theater care does not provide for long-term treatment. Its (...) purpose is to return warfighters to active duty or to quickly evacuate them to the US or Europe for comprehensive medical care. Limited beds and personnel make it impossible to provide the local population with the level of care that Western soldiers receive. As a result, the US and other armies develop complex and often arbitrary rules to treat civilians. The inability to provide high-level care to all, creates tensions with local civilians and host country allies.Ensuring local medical care. The Geneva Conventions require occupying armies to “ensure the medical needs of the civilian population.” Specifying these needs is a medical and moral challenge. What level satisfies this requirement? How much aid should the occupying power provide? How best to distribute existing resources? How should state armies protect NGOs that provide significant medical care and often find themselves under attack by insurgents?Medical Diplomacy. While the purpose of medical care is to treat the sick and injured, medical care also serves security needs. Medical care is a long-established tool to win the hearts and minds of the local population. Since the Vietnam War, however, critics have charged that medical diplomacy subverts the purpose of medicine, places medical personnel in the service of war and provides poor medical care. (shrink)

In discussion surrounding the destruction of cultural heritage in armed conflict, one often hears two important claims in support of intervention to safeguard heritage. The first is that the protection of people and the protection of heritage are two sides of the same coin. The second is that the cultural heritage of any people is part of the common heritage of all humankind. In this article, I examine both of these claims, and consider the extent to (...) which they align with the current practices that they are intended to justify. (shrink)

ABSTRACTThis paper discusses soldiers’ moral responsibility in today’s complex conflicts. The point of departure is the increased focus on soldiers as moral decision-makers in war, illustrated by the introduction of core values in the Norwegian Armed Forces. Responsibility is one of these core values, but it is not clear exactly how we should understand responsibility. I use a case where a group of Norwegian soldiers in the International Security Assistance Force sought the cooperation of a group of mujahedeen to (...) solve the military mission of establishing security. As confidence between the parties grew, the soldiers became horrified witnesses to a practice of bacha bazi, where a young boy is dressed up for entertainment and sexual abuse. This situation gives reason to question the limits of role responsibility, the status of soldiers’ legitimacy, and the challenges of making morally sound judgments in a multicultural context. The discussion demonstrates that, even if there are restrictions on the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:PEACE EDUCATION AND THE NORTHERN IRISH CONFLICT André Lascaris Dominican Theological Center, Nijmegen The Northern Irish conflict can be interpreted as an anachronism. This is true in many aspects. However, in the last ten years we were confronted with many "anachronistic" conflicts: in former Yugoslavia, in Rwanda, Algeria, Colombia, and Afghanistan, to mention only some. In our postmodern times the division of the world into two rather (...) neat halves with two centers of power has gone, the nation state is weakening and in many societies the social glue seems to be losing its cohesive force. We have to live together in pluralistic societies in which we are all a minority at times. Wars between states become less likely, butcivil wars are on the increase. Terrorism becomes a power against which the traditional armies and their weapons are quite useless in spite of many technological developments. The ancient laws concerningthe protection of women and children in wartime are becoming obsolete. Women are invited to get involved in the armed forces. The child soldier is a well-known phenomenon. In our western society a child's world, which exists in isolation from the adult world, is no longer a possibility. Some lessons learned in dealing with theNorthern Irish conflict might turn out to be worthwhile taking up in other situations. In this essay, I reflect with the help ofthe mimetic theory on peace work done by some Dutch people on behalfofNorthern Ireland between 1973 and 1992. The Northern Irish conflict as such is not the subject ofthis paper; the mimetic interpretation of this conflict was admirably covered by people such as Duncan Morrow and the late Frank Wright to which I refer the reader in my bibliography. I will concentrate on the educational aspects ofDutch peace work done in the Northern Irish context. Here it suffices to say that the 136André Lascaris Northern Irish conflict is not a religious one, though religious labels are being used. It is aconflict between two cultures, an Irish one and an AngloSaxon or British one. I. Dutch peace work on behalf ofNorthern Ireland A. A short history In 1973 I was invited to become a member of staff of a conference for influential Northern Irishmen in the Netherlands. Glenn Williams, then secretary general of the KEK (Conference of European Churches) had asked the Dutch Council ofChurches whether it could do something on behalf of Northern Ireland. After some consultation Williams asked the Dutch adult education center 'De Haaf to accommodate "mixed Roman Catholic and Protestant Irish groups in a quiet and spiritual atmosphere." The director of this center, Aat van Rhijn, a Presbyterian minister, asked me to participate in the conference because he wanted a Catholic priest to make the Roman Catholic Northern Irishmen feel represented on the staff. A laywoman, Hermine Keuning, was the third member of the staff. The Dutch Reformed Church provided money. In April 1973 a visit was made to Belfast and contact was established with the Irish Council ofChurches; it soon became our Northern Irish counterpart. In Septembera firstconference was held, quickly followed by a second one. From participants of the first conference a new request for a conference was made and after this one even more conferences were organized, altogether 18 between 1973 and 1983. We worked with neighborhood groups, politicians, paramilitaries, social workers, police officers, adult educators, social workers, journalists and editors, Catholic and Protestant clergymen. In the conferences ofthe protestant politicians and the clergy it was not possible to have a mixed group; we had to be content with having some either Catholic or Protestant "observers" at the conference. Inthe late seventiesthesecurity situation inNorthern Ireland improved. The necessity oftraveling to the Netherlands to have a conference became less evident. Because our work remained in demand, we organized weekends in Northern Ireland itself from 1981 onwards, mainly in Corrymeela, an ecumenical adult education center near Ballycastle. Money was coming from several sources, but mainly from the Dutch Reformed Church. To handle the money well we decided in 1975 to become a trust: the "Dutch Northern Irish Advisory Committee." It was typical ofthis trustthat its constitution stipulated that no conference or any Peace Education andthe Northern Irish Conflict137 other activity... (shrink)

This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a ‘top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued that a more transparent, consultative and long-term (...) approach to human rights implementation should be taken in post conflict situations, if ‘human rights' is to be more than a catch phrase for membership of the international community. (shrink)

This paper discusses children's right to play and its bioethical importance for children affected by war. Against the background of the current military conflicts, it analyses physical, psychological, and institutional factors that limit children's right to play in a situation involving armed conflict. Considering that the lack of institutional support of play for children affected by war constitutes a failure to fulfil our societal and political obligation under Article 31 of the United Nations Convention on the Rights of (...) the Child, this paper analyses the understanding of play adopted in this legal instrument. In line with the distinctions made in the Convention, it discusses the importance of play for children's life and survival, for their health and well‐being, as well as for the recovery of trauma experienced by children affected by armed conflict. It thereby aims to contribute to the recognition and protection of this right on the grounds of bioethics and healthcare. (shrink)

The direct protection of civilians from the violence and harms of armed conflict is most often understood in fixed, identity-centred terms: of what protection is, where it is located, of who provid...

Care—concern for and attending to the needs of the particular other we take responsibility—requires enacting time in a way that clashes with the industrial ‘clock time’ dominating our lives. Ethicists of care have highlighted the tensions between the temporalities involved in caring as a situated, relational and processual practice and the organization of care work according to standardized clock time. Yet, the practice of care work within bureaucratic work organizations seems to reconcile temporal demands of care and clock time. In (...) this article, we build on Barbara Adam’s concept of ‘timescape’ (Adam, Timewatch: The social analysis of time, Polity, 1995; Adam, Time, Polity, 2004) to inquire how care workers juggle apparently conflicting temporalities. Through a participant observation study of a child protection agency in France, we discover that care workers ‘trick’ time by carving out care timescapes that resist the clock—time as continuous, non-standardized, and in the present moment—while utilizing the structure of clock time in the form of ‘scheduling work’ to negotiate for and safeguard the process time they needed to ensure the provision of appropriate, ethical care. Confirming the centrality of time to ethical practices in organizations, our study further evidences and elucidates the intricate relations between clock time and process time in the ethical practice of care. (shrink)

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, sexuality, and personal information. Yet, privacy skeptics argue that there is no such thing as a right to privacy. I argue that we cannot abandon the concept of privacy. If we wish to avoid extending this elusive concept to cover too much of our lives or shrinking it to (...) cover too little, we must come to understand it. After exploring the privacy arguments of philosophers and constitutional and tort privacy law, I argue for a new definition of privacy and an explanation of its value that clarifies and resolves many of our conflicts. Privacy is critical because it allows us to protect a realm in which we can have intimate relations with others. (shrink)

As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian (...) action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming. (shrink)

The greatest wish of the Baeda l people, or South Koreans, living in the Korean Peninsula is the unification of Korea. However, even when it has been 70 years since the outbreak of the Korean War, the two Koreas that used to be one nation are still in conflict. There have been many discourses on unification over the past 70 years, but these discourses still fail to create clear rules and a framework for unification. Discourses from the perspective of (...) biblical theology offer insight regarding the problems at stake as well as alternatives, but they do not offer perspectives on a definite solution. This article, in line with its statement on biblical theology, does not pretend to contribute to a clear-cut solution to meet the challenge of Korea’s unification. Rather, this article intends to contribute to the formation of an emotional consensus that can contribute to the unification of Korea by looking at the teachings about peace in the Gospel of Matthew. The article explores whether the notion of embracement, forgiveness and love written during the conflict between the Matthean community and Formative Judaism can be applied to help create an emotional bond between the two Koreas. The terms embracement, forgiveness and love found in the Gospel of Matthew are upheld as symbolising peace derived from opposition and conflict. Jesus taught us to overcome situations of opposition and conflict through embracement, forgiveness and love.Contribution: The purpose and contribution of this article was to discuss if the notions of embracement, forgiveness and love found in the Gospel of Matthew can be helpful for the emotional preparation of the peaceful unification of the Korean Peninsula by comparing the situations reflected in the Gospel of Matthew and that of the Korean Peninsula. (shrink)

Armed conflict can destroy both a healthcare system and the people who comprise it. Where the facilities themselves may take decades to rebuild, this collection of essays is evidence of the remarkable resilience of healthcare providers working in these conflict zones. Twelve narratives are shared by doctors, nurses, and other staff working in current crises in places such as Afghanistan, Darfur, Gaza, Iraq, Myanmar, Syria, and Ukraine. The essays reveal logistical, personal, and ethical challenges of providing fundamental (...) healthcare services under. (shrink)

The paper argues that in our usage of moral language we relate three concepts: guilt, forgiveness, and reconciliation. This assumes that we can distinguish between external actions and internal executions, because guilt as well as forgiveness and reconciliation are realities that first affect our inner humanity. When a relationship has been damaged by culpable actions (sometimes even by both sides), forgiveness is the precondition of reconciliation. As long as people accuse each other, there can be no talk of true reconciliation. (...) Although these are attitudes, that is, inner engagements, reconciliation also becomes outwardly recognizable as peace. However, these relationships can only be explained well in the connections of individual persons to each other. When political communities confront each other, our moral sense becomes fuzzy, because it is not so easy to say how such collectives (e.g., peoples) are to be determined in their inside and outside. Who can and may forgive, if other persons have become victims of culpable actions, but cannot forgive themselves? Here, then, the difficulty of individuality and collectivity is added. The essay pleads for maintaining the conceptual conjunction between individual and collective forgiveness. However, this should not be done at the price of a complete socio-ontological dissolution of collectives. Therefore, one must also be cautious about rash universalistic appropriation of the Other or the other group, because this is usually accompanied by a failure to recognize and endure the selfhood of the Other. Before it comes to a “false” reconciliation in this way, it is better to at least recognize each other – also in diversity. This should also be reflected in the rules of conflict, which must above all be oriented toward ensuring that conflicts are not carried out in such a way that the manner in which the conflict is carried out makes reconciliation impossible. But in both collective and individual reconciliation, the person does not have the outcome of the process entirely in his or her own hands. Reconciliation is not a technique, but a relational event that is carried out in an “open space.”. (shrink)

Background:Decision-making and assessment in emergency situations are complex and result many times in ethical conflicts between different healthcare professionals.Aim:To analyse and describe situations that can generate ethical conflict among nurses working in emergency situations.Methods:Qualitative analysis. A total of 16 emergency nurses took part in interviews and a focus group.Ethical considerations:Organisational approval by the University Hospital, and informed consent and confidentiality were ensured before conducting the research.Result/conclusion:Two categories emerged: one in ‘ethical issues’ and one in ‘emotions and (...) feelings in caring’. The four ethical subcategories are presented: Autonomy, the first sub category: first, the nurse’s ability to practise care on an emergency ward and, second, to support the patient and/or relatives in terms of care and medical treatment. The conflicts arise when the nurse ends up in the middle between the patient and the physician responsible for the diagnosis and treatment from a nature scientific perspective. Reification of injured body: patient was often reified and fragmented, becoming just a leg or arm. Different factors contributed in this perspective. Pain: pain relief was often inadequate but more effectively treated in the emergency medical services than at the emergency department. The nurses highlighted the phenomenon of suffering because they felt that pain was only an object, forgetting the patients’ care need, like separating mind from body. Death: the nurses felt that the emergency services are only prepared to save lives and not to take care of the needs of patients with ‘end-of-life’ care. Another issue was the lack of ethical guidelines during a cardiac arrest. Resuscitation often continues without asking about the patient’s ‘previous wishes’ in terms of resuscitation or not. In these situations, the nurses describe an ethical conflict with the physician in performing their role as the patient’s advocate. The nurses express feelings of distress, suffering, anger and helplessness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction: Conflicting Interest in Medicine: Stories by Physicians on How Financing Affects Their WorkJames M. DuBois, Symposium EditorPhysicians frequently enter into special relationships that establish personal financial interests that could conflict with their patients’ best interests. Examples include receiving gifts from drug companies, sharing a patent on a medical device, or accepting funding from industry to conduct a drug study. In recent years, such “conflicts of interests” in (...) medicine have received growing attention from medical associations (Association of American Medical Colleges, 2008, 2010), policy bodies (Institute of Medicine, 2009), industry (Pharmaceutical Research and Manufacturers of America, 2008), journalists (Caputo, 2009; Nguyen, Ornstein, & Weber, 2010), and even Congress, which included in the 2010 Patient Protection Affordable Care Act a Physician Payment Sunshine provision requiring industry to report a wide variety of ties to physicians. All of these efforts appear motivated by a similar assumption: Gifts and financially beneficial relationships can unconsciously motivate physicians to prioritize their own or industry’s interests over patients’ interests when providing care, conducting medical research, or educating physicians (American Association of Medical Colleges, 2008; Dana & Loewenstein, 2003).The call for stories produced for this narrative symposium provided the following request:We are interested in hearing about positive and negative experiences associated with a variety of financial relationships. The stories should give readers a sense of what it is like to be a physician in the midst of complex relationships to industry, physician practices, and third–party payers—relationships that go beyond ordinary reimbursement for care or research expenses.Obtaining stories proved more challenging than anticipated for reasons related to our theme. Precisely because access to physicians is considered valuable, it is highly restricted. Listservs and blogs that serve physicians typically prohibit postings from anyone except physician members, and even they are sometimes not allowed to post messages freely. While at least one listserv circulated our call to members (at the request of a member), others rejected our request, and one blog offered to post our call as a 1–month ad for $20,000. This contrasts radically with the relatively easy access we have had to other groups, including mental health consumers and living organ donors, who have broad grass root communication systems, and bioethicists, who have several listservs and blogs that readily share news about relevant scholarly opportunities.The collection of stories obtained resulted from extensive personal networking and a small amount of arm twisting. The collection was not what we expected to obtain, but is in many ways even more interesting. One story (Hodges) explicitly addresses the impact that pharmaceutical representatives can have on prescribing patterns—the classic, voluntary, conflicted relationship, insofar as sales reps are [End Page 65] welcomed in facilities, often bearing free samples, free lunches, and glossy articles on their products, all in the hopes of influencing prescribing patterns. But most stories do not fit the typical mold found in discussions of conflicts of interest. Among those expressing concerns about the impact of financial factors on medical practice, one focuses on the insufficient management of bias within the Food and Drug Administration (Perlmutter); three focus on the bias that is introduced through our current fee–for–service reimbursement system (Mikulec, Nagaldine, and Zientek)—of these, two illustrate ways that third parties seek to manipulate physician practices to maximize profits; one notes how any kind of clinical trial—whether government or industry sponsored—may affect patient care decisions (Cruz); while two argue that worries over industry sponsorship of research are disproportionate (Bierut and Sofair), and two address widespread concerns about industry sponsorship of educational activities, with one illustrating how bias might be reduced (Seitz & Diao), and another illustrating the potential harms of prohibiting educational sponsorship (Peppin).To be clear, all of these narratives are responsive to our call for stories that “describe positive and negative experiences associated with a variety of financial relationships.” Yet they are not classic conflict of interest stories; rather, they represent the conflicting interests that concern physicians today—conflicts that are often intrinsic to our current healthcare and research systems rather than special relationships courted by physicians.While making no pretense of representativeness or comprehensiveness, these stories provide fertile ground for reflection, as seen in our... (shrink)

Conflicts of interest in corporate law can be addressed by two main alternatives: a requirement of a majority of the minority vote or the imposition of duties of loyalty and fairness. A comparison of Delaware, the UK, Canada, and Israel reveals that while the conflicts of interest problem within publicly-traded corporations receives different treatment in the different jurisdictions — either a fairness rule or a majority of the minority rule — closely-held corporations receive the same treatment of an imposition of (...) duties of loyalty and fairness. This article explains this finding, demonstrating that determining which of these rules is adopted is, in fact, a choice between liability rule protection and property rule protection. This choice depends on the total and relative transaction costs. These costs include both the negotiation costs attendant upon a property rule, as well as the adjudication costs associated with a liability rule. The sum of these costs is influenced by the efficacy of the judicial system and of extralegal mechanisms such as the market for corporate control, the capital market, and the types of investors active in the market. Because the different jurisdictions have different relative costs, due to differences in the economy and the legal systems, publicly-traded corporations are treated differently in each system. However, sometimes conflict of interest situations share the same main characteristics — as with closely-held corporations—leading to the domination of one solution, and thus the same solution is applied for closely-held corporations in the different jurisdictions. (shrink)

There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow from the (...) fact that a state is oppressive or aggressive that it will never be a victim of wrongful aggression itself, and while an outlaw state’s primary aim in repelling such aggression will often be the preservation of its own power, its defensive manoeuvres will sometimes also serve its citizens’ interests. In short, supplying weapons to outlaw states may sometimes contribute to the protection of innocents. (shrink)

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. But do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is ‘yes’: threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out (...) in article 2(4) of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains strikingly under-developed in contemporary just war theory. This paper makes a start at filling the gap. It argues that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. It then provides an account and limited defence of the deterrence argument. It shows that deterrence is morally justified in relatively few cases, and examines two problems with the argument: the problems raised by deterrence failures, and the problems raised by the level of uncertainty under which leaders who use deterrent force operate. It ends by concluding that we should take seriously the possibility that non-intervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

The aim of this study was to illuminate the meaning of professional carers’ experiences in caring situations when a conflict of interest arises with the older person receiving care. The findings reveal the complexity of the carers’ ambivalence when facing a conflict of interest, weighing up between the older persons’ right to self-determination and external demands. The carers are alone in their ambivalence, and the conclusion is that they need help and support to be more present in (...) the encounter. The implication for this study is to focus on care as a person-centered practice and to focus on people as interdependent on support carers to maintain older people’s right to self-determination in the relationship. (shrink)

The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states-Indonesia, Thailand, and Malaysia-responded to the violations in very different ways. In each case, their responses (...) to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse. (shrink)

International law codifies the principle of non-combatant immunity, which traces its origins to a religiously supported moral imperative. The principle of non-combatant immunity has evolved to become a crucial underpinning of just war theory. Western societal norms have complicated our understanding and application of the principle of non-combatant immunity by depicting combatancy in terms of innocence and guilt: those viewed as innocent deserve legal protection. Child soldiers and female suicide bombers exemplify today's complex and expanding parameters of combat. Consequently, (...) in practice, authorities in conflict zones cannot rely on existing legal distinctions; instead, they are forced to make subjective judgements when deciding whom to protect. This article calls for a critical evaluation of: existing legal definitions concerning non-combatants; how conceptions of combatancy are applied in protective policy and humanitarian evacuation; and the resulting consequences and policy implications. (shrink)

In this paper, I will discuss a children’s rights-based argument for the duty of states, as a joint effort, to establish an effective program to help bring children out of conflict zones, such as parts of Syria, and to a safe haven. Children are among the most vulnerable subjects in violent conflicts who suffer greatly and have their human rights brutally violated as a consequence. Furthermore, children are also a group whose capacities to protect themselves are very limited, while (...) their chance to flee is most often only slim. I will then discuss three counterarguments: the first counterargument would be that, instead of getting the children out of a particular country, it would be better to improve their situation in their home countries. A second counterargument could be that those states, which have such a duty to bring children to a safe haven, would be overburdened by it. Finally, the third counterargument I want to discuss states that such a duty would also demand a military intervention, which could worsen the situation even further. (shrink)

The Philippine government has been relentless in its counterinsurgency campaigns. From the colonial wars that vilified as insurgents and bandits the honored heroes of today, up to the anti-communist and anti-secessionist civil and military efforts of the postcolonial regimes, these campaigns have not only rolled out large state resources but also cost lives of innocent civilians. Patterned after the United States (US) of America’s principle of low-intensity conflict aimed at countering Marxist and anti-imperialist movements (Reed 1986), counterinsurgency campaigns have (...) unleashed a warfare that indiscriminately target its supposed opponents, including unarmed activists. In 2007, the United Nations Special Rapporteur Philip Alston examined the horrible political situation of the Philippines – characterized by political killings, abductions, and tortures – and identified how state elements, under the blanket protection of waging a counterinsurgency campaign, were responsible for the political repressions then (Sales 2009). Today, under the murderous Duterte regime, the counterinsurgency campaign has reached an unprecedented level of ferocity as it is waged through a militarist whole-ofnation approach composed by multi-level government and multi-agency responses. -/- Being greatly influenced by the US, counterinsurgency campaigns in the Philippines follow the paranoiac and hysterical communist witch-hunt of McCarthyism (Hutchins-Viroux 2008). The hysteria’s contemporary and local expression is the phenomenon called red- or terror-tagging.1 Terror-tagging is the systematic process of maliciously naming or identifying an individual or group as a communist and/or terrorist by its association with a supposed communist and/or terrorist group. Being a systematic process, it is initiated and sustained by state elements with the view of maligning or defaming political activists. Terror-tagging is aimed against activists, dissenters, and even the political opposition. The social activist Rhoda Dalang (2014) has noted how terror-tagging has been deployed by the Philippine state in its counterinsurgency efforts, from the Marcos up to the then Aquino regime. And until the previous Duterte regime, yet with increased intensity and fatality, terror-tagging continued to defame and liquidate activists. As terror-tagging has not received enough academic attention, this chapter aims to fill this gap by providing a preliminary analysis of it. The chapter will be doing a critical discourse analysis. It will take off from a revealing study done by Don Kevin Hapal and Raisa Serafica of Rappler, a media outlet in the Philippines. Through a separate discourse analysis of Facebook posts of the National Task Force to End Local Communist Armed Conflict (NTFELCAC),2 the chapter will also identify aspects of terror-tagging. The discussion will further be theorized using the Marxist analysis of the State and informed by interviews of Atty. Maria Sol Taule and Cristina Palabay. They are both human rights workers who have worked with terror-tagged activists and are themselves subjected to terror-tagging. (shrink)

There is a continuous increase in the number of humanitarian crises around the world. The number of armed conflicts and attacks on civilians is increasing at an alarming rate. Natural disasters compounded by climate change and population growth are also occurring more frequently and with increasing intensity. Given that over 60 million people have been forcibly displaced worldwide, prolonged forced displacement has become the biggest humanitarian, development, political and economic challenge. The needs are increasingly outweighing resources, and humanitarian aid (...) and civil protection are becoming increasingly complex. Funds for humanitarian aid come from the budgets of individual countries. In situations of severe crisis, other state authorities may also decide to grant humanitarian aid from the funds at their disposal. In addition, there are many options for providing humanitarian aid. The purpose of the article is to present methods as crowdfunding for financing humanitarian crises that do not belong to state funds. Most often they come from community collections or projects where more people are involved. It must be admitted, however, that this assistance still seems disproportionately small in relation to the needs. (shrink)

Presently, there is armed conflict in Darfur, Sudan. Armed conflict has adversely affected the social, economic and educational development of Darfur, Sudan. Purpose of this study is to know the impact of armed conflict on managerial behavior of the principals of secondary schools in Darfur, Sudan. In this study, the impact of armed conflict on performance of the secondary school principals was analyzed in perspective of their managerial behavior. Based on the findings (...) of the study significant impact of armed conflict was found on the managerial behavior of the principals. It was found that principals coordinated with the staff in activities of the school but were frightened and unable to perform their administrative and managerial duties freely and independently. There was communication gap between the principals, teachers and parents. The principals did not possess the skills to maintain school budget & finance properly. It was concluded that the principals need administrative and managerial training. Government of Sudan may establish academies of Educational Administration & Management to impart training to the principals of secondary schools and to take steps to control the existing armed conflict. (shrink)

Conflict resolution practitioners consistently struggle with access to structured armed conflict data, a dataset already rife with uncertainty, inconsistency, and politicization. Due to the lack of a standardized approach to collating conflict data, publicly available armed conflict datasets often require manipulation depending upon the needs of end users. Transformation of armed conflict data tends to be a manual, time-consuming task that nonprofits with limited budgets struggle to keep up with. In this paper, (...) we explore the use of a deep natural language processing model to aid the transformation of armed conflict data for conflict analysis. Our model drastically reduces the time spent on manual data transformations and improves armed conflict event classification by identifying multiple incidence types. This minimizes the human supervision cost and allows nonprofits to access a broader range of conflict data sources to reduce reporting bias. Thus, our model contributes to the incorporation of technology in the peace building and conflict resolution sector. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)