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I N T E R N A T I O N A L H U M A N R I G H T S L AW A N D
PRACTICE

Ilias Bantekas is Professor of International Law and Arbitration, Hamad

bin Khalifa University (Qatar Foundation), College of Law. He has advised
governments, international organisations and NGOs in most fields of human
rights and international law, and was a member of the Greek Truth Commit-
tee on Debt. His recent books include: Sovereign Debt and Human Rights
(with C. Lumina, Oxford 2018), and Commentary on the UN Convention on
the Rights of Persons with Disability ( jointly edited with M. A. Stein and
D. Anastasiou, Oxford 2018).

Lutz Oette is a Reader in International Law at SOAS, University of Lon-

don and Director of the SOAS Centre for Human Rights Law. He has pur-
sued human rights cases before several regional and international bodies,
and engaged with a range of actors in comparative research, advocacy and
reform projects aimed at developing and implementing international human
rights standards.
IN T E R N AT ION A L HU MA N
R IGHT S L AW A N D
P R A C T IC E
Third Edition
Ilias Bantekas
Hamad bin Khalifa University (Qatar Foundation)

Lutz Oette
SOAS, University of London
 University Printing House, Cambridge CB2 8BS, United Kingdom
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education, learning, and research at the highest international levels of excellence.

www.cambridge.org
Information on this title: www.cambridge.org/9781108711753
DOI: 10.1017/9781108612524

© Ilias Bantekas and Lutz Oette 2020

This publication is in copyright. Subject to statutory exception and to the provisions

of relevant collective licensing agreements, no reproduction of any part may take
place without the written permission of Cambridge University Press.
First edition Cambridge University Press 2013Second edition 2016Third edition
2020

Printed in the United Kingdom by TJ International Ltd, Padstow, Cornwall

A catalogue record for this publication is available from the British Library.

Library of Congress Cataloging-in-Publication Data

Names: Bantekas, Ilias, author. | Oette, Lutz, author.
Title: International human rights law and practice / Ilias Bantekas, Brunel
University; Lutz Oette, School of Oriental and African Studies, University of
 London.
Description: Third edition. | Cambridge, United Kingdom ; New York, NY :
Cambridge University Press, 2020. | Includes bibliographical references and
index.
Identifiers: LCCN 2020004146 (print) | LCCN 2020004147 (ebook) | ISBN
9781108711753 (paperback) | ISBN 9781108612524 (ebook)
Subjects: LCSH: Human rights. | International law and human rights.
Classification: LCC K3240 .B36 2020 (print) | LCC K3240 (ebook) | DDC
341.4/8–dc23
LC record available at https://lccn.loc.gov/2020004146
LC ebook record available at https://lccn.loc.gov/2020004147

ISBN 978-1-108-71175-3 Paperback

Cambridge University Press has no responsibility for the persistence or accuracy of

URLs for external or third-party internet websites referred to in this publication and
does not guarantee that any content on such websites is, or will remain, accurate or
appropriate.
This book is dedicated to the late Rupa Reddy, a dear colleague and talented
scholar whose passion for, and commitment to the human rights of women
will be an abiding memory and a lasting inspiration.
The cover image by Safia Ishaq Mohamed is a painting and artistic reflec-
tion of the arrest of members of the No to Women Oppression Group in Su-
dan. Safia Ishaq Mohamed graduated as a student of the Fine Arts College
in Khartoum in 2010, and used her art to speak to the role of women in so-
ciety. When she took part in demonstrations in 2011 as a member of the
pro-democracy Girifna protest movement, she was abducted and raped by
three Sudanese security officers. She was widely admired for her subse-
quent courage to speak out about her ordeal, posting her testimony on
YouTube.
Safia Ishaq Mohamed brought her case against Sudan before the African
Commission on Human and Peoples’ Rights, which is still pending (it was
declared admissible in 2014). She subsequently had to flee the country and
now lives in France where she has participated in several art exhibitions.
She strongly believes in the powerful role of art in addressing human rights
issues, which was particularly prominent in the paintings by women during
the Sudanese revolution in 2019.
 Contents
Table of Cases
List of Abbreviations

Introduction

1 International Human Rights Law and Notions of Human Rights:

Foundations, Achievements and Challenges
1.1 Introduction
1.2 The Development of Human Rights and International Human
Rights Law
1.2.1 Foundations
1.2.2 The American and French Declarations of Rights
1.2.3 The Struggle for Rights in the Nineteenth Century
1.2.4 World War I, the League of Nations and Human Rights
1.2.5 World War II, the Holocaust and the Foundations of the
International Human Rights System
1.2.6 The UDHR: Origins, Content and Significance
1.2.7 Cold War and Decolonisation
1.2.8 The Growth of International Human Rights Law
1.3 Current Challenges
1.3.1 International/Cross-border Dimension of Violations
1.3.2 Responsibility of Multiple Actors
 1.3.3 Effective Monitoring and Implementation
1.3.4 Human Rights Imperialism and Exceptionalism
1.4 The Idea of Human Rights: Theories and Critiques
1.4.1 Moral and Liberal Human Rights Theories
1.4.2 Meeting the Challenge: Reconstructing Human Rights
1.5 Universal Human Rights: Contestations and Practices
1.5.1 The Debate
Interview 1.1: Human Rights and the Uprisings in the Arab
World (Moataz El Fegiery)
1.5.2 Experiences in Combating Female Genital
Cutting/Mutilation
Further Reading

2 International Human Rights Law: The Normative Framework

2.1 Introduction
2.2 Sources
2.2.1 Treaties
2.2.1.1 Treaty-making
2.2.1.2 Reservations
2.2.2 Customary International Law
2.2.2.1 The UDHR and Customary International Law
2.2.3 Judicial Decisions as Source of Law
2.2.4 Soft Law
2.2.5 UNDRIP: A Soft Law Success Story?
2.2.6 Jus Cogens and Erga Omnes
2.3 Principles, Rights, Obligations and Scope of Application
2.3.1 Principles
 2.3.2 The Concept of Rights
2.3.3 The Right to Equality and Non-discrimination
2.3.4 Obligations
2.3.5 Derogation in Times of Emergency
2.3.6 Scope of Application
2.4 Implementation
2.4.1 The Role of National Human Rights Institutions

Interview 2.1: Reflections on the Work of Uganda’s Human

Rights Commission (Med S. K. Kaggwa)
2.5 State Responsibility and Human Rights Treaties as Self-
contained Regimes
2.6 Practical Application: The Role of Law Reform

Interview 2.2: The Campaign to Repeal Pakistan’s Hudood

Laws (Sohail A. Warraich)
Further Reading

3 Human Rights in Practice

3.1 Introduction
3.2 Civil Society
3.3 Social Movements
3.4 NGOs
3.4.1 General Considerations
3.4.2 Human Rights NGOs
3.4.3 Assessing the Role of Human Rights NGOs
3.5 Human Rights Defenders
Case Study 3.1: NGOs and Human Rights Protection in
Sudan
 3.6 Legal Professionals and Human Rights
3.7 Health Professionals and Human Rights
3.8 Human Rights Field Officers
Interview 3.1: Experiences of a UN Human Rights Officer
(Huma Shakeb Khan)
3.9 Human Rights Strategies
3.9.1 Documentation and Fact-finding
Interview 3.2: Documenting Human Rights Violations in
Volatile Environments: The Libyan Experience (Elham
Saudi)
3.9.2 Human Rights Reporting
3.9.3 Monitoring
3.9.4 Advocacy
3.9.5 Awareness-raising, Capacity-building and Human Rights
Education
Case Study 3.2: Responding to Serious Human Rights
Violations in Darfur, Sudan – Strategies, Critiques, Impact

Further Reading

4 The United Nations Charter System

4.1 Introduction
4.2 The Human Rights Dimension of the Charter
4.3 The Office of the High Commissioner for Human Rights
4.4 The HRC
4.4.1 The UPR
4.4.2 The HRC’s Complaints Procedure
 4.5 Special Procedures
Interview 4.1: With Former UN Independent Expert (Cephas
Lumina)
4.5.1 Communications
4.5.2 Country Visits
4.5.3 Annual Reports
Case Study 4.1: Reprisals against Those Collaborating with
UN Human Rights Procedures
4.6 The UNGA and Human Rights
4.7 The UNSC
4.7.1 Fact-finding in Practice: The UN Mission in the Gaza
Conflict
Further Reading

5 The UN Human Rights Treaty System

5.1 Introduction
5.2 Common Features of International Human Rights Treaty
Bodies
5.3 Reporting Procedure
5.3.1 Overview
Interview 5.1: Using Shadow Reports to Promote Gender
Equality and Combat Sexual Violence: South Africa (Lesley
Ann Foster)
5.3.2 Strengthening the Reporting Procedure
5.4 General Comments/Recommendations
5.5 Complaints Procedures and Jurisprudence of Treaty Bodies
5.5.1 Overview
 5.5.2 The HRCtee
5.5.3 Breadwinners, Social Security and Discrimination:
Zwaan-de Vries v. The Netherlands
5.5.4 The CERD
5.5.5 Still Facing Discrimination: Durmic v . Serbia and
Montenegro
5.5.6 The CtAT
5.5.7 Rendered Defenceless: Agiza v . Sweden
5.5.8 The CtEDAW
5.5.9 ‘We Don’t Believe You’: Vertido v . The Philippines
5.5.10 The CtRPD
5.5.11 Shortchanged: Nyusti and Takács v . Hungary
5.5.12 Achievements and Challenges

Interview 5.2: Working for the CESCR (Eibe Riedel)

Further Reading

6 Regional Human Rights Treaty Systems

6.1 Introduction
6.2 The European Human Rights System
6.2.1 Overview
6.2.2 The ECHR
6.2.3 Key Institutions
6.2.4 The ECtHR: Structure and Functions
6.2.5 Jurisprudence of the ECtHR
6.2.5.1 Development of the ECtHR’s Jurisprudence
6.2.5.2 The ECtHR’s Interpretation of the ECHR
6.2.5.3 Responses to the ECtHR’s Jurisprudence
 6.2.6 Impact
Interview 6.1: The Nature and Impact of Litigation
Concerning Turkey (Başak Çali)

Interview 6.2: The Nature and Impact of Litigation

Concerning Turkey and Russia (Bill Bowring)
6.2.7 The Struggle for Efficiency, Effectiveness and
Institutional Reforms
6.2.8 The EU
6.3 The Inter-American Human Rights System
6.3.1 Overview
6.3.2 The IACHR
6.3.3 The IACtHR
6.3.4 Impact
Interview 6.3: An Intimate Experience of the IACtHR as
Litigant and Senior Staff Attorney (Oswaldo Ruiz-
Chiriboga)

6.4 The African Human Rights System

6.4.1 Overview
6.4.2 The ACmHPR

Case Study 6.1: Modise v. Botswana and the Question of

Nationality Rights
6.4.3 Impact
6.4.4 The ACtHPR
6.4.5 African Regional Economic Courts
Interview 6.4: Making the System Work (Ibrahima Kane)

6.5 The Arab Human Rights System

 6.6 Towards an Asian Human Rights System?
6.7 Comparison of Regional Systems
Further Reading

7 Individual Complaints Procedures

7.1 Introduction
7.2 Admissibility
7.2.1 Jurisdiction
7.2.1.1 Rationae Personae : Who can Bring a Complaint?
7.2.1.2 Against Whom can a Complaint be Brought?
Case Study 7.1: Protection against the Implementation of
UNSC Sanctions: Sayadi and Vinck v. Belgium

7.2.1.3 Rationae Materiae : What Rights?

7.2.1.4 Jurisdiction in Respect of Extraterritorial Conduct
7.2.1.5 The Long Reach of the ECHR: Al-Skeini v . UK
7.2.1.6 Rationae Temporis : When?
7.2.2 Exhaustion of Domestic Remedies
7.2.2.1 What Remedies Must be Exhausted?
7.2.2.2 ‘An Affront to Common Sense and Logic’: Dawda
Jawara v. The Gambia
7.2.3 Other Procedural Requirements
7.2.3.1 Time Limits
7.2.3.2 Duplication
7.2.3.3 Well-foundedness
7.2.3.4 Abuse of Rights
7.2.3.5 Anonymity
7.3 Merits
 7.4 Decisions by Human Rights Treaty Bodies
7.5 Implementation of Decisions and Judgments
Case Study 7.2: Restoring Ancestral Lands to Indigenous
Peoples – Mayagna (Sumo) Awas Tingni Community v.
Nicaragua

7.6 Additional Procedural Options

7.6.1 Interim Measures
7.6.2 Friendly Settlements
Interview 7.1: Nepal before the Human Rights Committee
(Mandira Sharma)

7.7 The Hissène Habré Case: The Interplay between Domestic,

Regional and International Proceedings
Further Reading

8 Civil and Political Rights

8.1 Introduction
8.2 The Right to Life
8.2.1 Practice
8.2.2 Sources
8.2.3 The Prohibition of Arbitrary Deprivation of Life
8.2.4 McCann v. United Kingdom : Absolute Necessity in the
European Court of Human Rights’s Jurisprudence
Case Study 8.1: The Killing of Bin Laden and the Right to
Life

8.2.5 The Death Penalty under International Law

8.2.6 Positive Obligations to Protect the Right to Life
8.2.6.1 Providing Protection against Threats to Life
 8.2.6.2 Duty to Investigate, Prosecute and Punish and to
Provide Redress
8.2.7 A Right to Survival?
8.3 The Right to be Free from Torture and Other Ill-treatment
8.3.1 Practice
8.3.2 Sources
8.3.3 The Absolute Prohibition of Torture
8.3.4 The Case of Gäfgen and the German Torture Debate
8.3.5 The Definition of Torture and Other Forms of Ill-
treatment and Punishment
8.3.6 Obligations
Interview 8.1: The Role of Medical Documentation in
Combating Torture: Istanbul Protocol (Dr Önder Özkalipçi)

8.4 The Right to Liberty and Security of Person

8.4.1 Practice
8.4.2 Sources
8.4.3 Scope of the Right to Liberty and Security
8.4.4 Justification of Arrest and Detention
8.4.5 Administrative Detention: Law and Power in the Pursuit
of Policy
8.5 The Right to a Fair Trial
8.5.1 Practice
8.5.2 Sources
8.5.3 Main Features of the Right to a Fair Trial
8.5.3.1 General Principles
8.5.3.2 Criminal Proceedings
 Case Study 8.2: The Problem with Military and Special
Courts
8.6 Enforced Disappearance as Multiple Human Rights Violation

Interview 8.2: Inquiries into Enforced Disappearances in Sri

Lanka (M. C. M. Iqbal)

8.7 Qualified Rights, with a Particular Focus on Freedom of

Expression
8.7.1 Practice
8.7.2 Sources
8.7.3 Freedom of Religion vs Freedom of Expression
8.7.4 To Wear or Not to Wear: Freedom of Conscience and
Religion, the Rights of Women and the Veil
Further Reading

9 Economic, Social and Cultural Rights

9.1 Introduction
9.2 Brief Historical Context of ESC Rights
9.3 Progressive Realisation and the Nature of State Obligations
9.4 Resource Implications: The Obligation to Utilise ‘Maximum
Available Resources’

Case Study 9.1: United States Budget Allocated to Primary

and Secondary Education
9.5 Minimum Core Obligations
9.6 Justiciability of ESC Rights
9.6.1 Individual Communications and the ICESCR Optional
Protocol
9.6.2 The ECSR
 9.7 Extraterritoriality of ESC Rights
9.8 Indicators and Benchmarks for Measuring Compliance
Case Study 9.2: Indicators on the Right to Food
9.9 The Right to Health

Interview 9.1: Greek NGO Implements the Right to Health

for the Socially Excluded (Tzanetos Antypas)
9.10 The Right to Water
Case Study 9.3: The Deprivation of Water Rights as Cruel
and Inhuman Treatment

9.11 The Right to Education

9.12 The Right to Food
9.13 Cultural Rights
Further Reading

10 Group Rights: Self-determination, Minorities and Indigenous

Peoples
10.1 Introduction
10.2 The Nature of Collective Rights
10.2.1 External Self-determination
10.2.2 Exceptionalism in the External Dimension of Self-
determination
10.2.3 A Test for Sovereignty in the Era of Fiscal
‘Occupation’
Case Study 10.1: Participatory Budgeting in Porto Alegre,
Brazil
10.3 Minorities as a Subject of Human Rights
 10.3.1 The Historical and Political Context: Should Minorities
be Treated Differently from Majorities?
10.3.2 Membership Rights
Case Study 10.2: The Malay Bumiputra Policy

10.4 Indigenous Peoples: Is there a Need for Additional

Protection?
10.4.1 Indigenous Rights over Traditional Lands
10.4.2 Indigenous Land Rights in Contemporary International
Law
10.4.3 Indigenous Ownership as a Right to Property
10.4.4 Special Considerations in the Design of Indigenous
Peoples’ Development Plans within the World Bank
10.4.5 The Chad–Cameroon Pipeline and the Baka/Bakola:
What to Look for in Social Impact Assessments
Further Reading

11 The Human Rights of Women

11.1 Introduction
11.2 Normative Framework
11.2.1 Key Violations of Women’s Human Rights: The
Convention on the Elimination of All Forms of Discrimination
against Women
11.2.2 Critiques of CEDAW
11.2.3 CEDAW, Violence against Women and Reproductive
Rights
11.3 Conceptual Development
11.3.1 The Development of Feminist Legal Theory and
Women’s Human Rights
 11.3.2 Critiques of Liberal and Non-discrimination
Approaches to Women’s Human Rights
11.3.3 Critiques of ‘Western’ Feminist Approaches to
Women’s Human Rights
11.3.4 Sex, Gender and Sexuality
11.4 Women’s Human Rights and Domestic Contexts: ‘Honour
Crimes’ in the English Legal System
11.4.1 Definitions and Concepts of ‘Honour’
11.4.2 Practical Legal Approaches to ‘Honour Crimes’:
Culture, Gender and Mainstreaming
11.4.3 Non-state Actors and Due Diligence: A Human Rights
Response?
Case Study 11.1: Banaz Mahmod
Further Reading

12 Children’s Rights
12.1 Introduction
12.2 Childhood: A Non-static Concept
12.3 The Need for a Specialised Protection Regime
12.4 Fundamental Principles
12.4.1 The Child’s Best Interests
12.4.2 The Child’s Right to be Heard
12.4.3 Right to Life, Survival and Development
12.4.3.1 Child Soldiers
12.4.4 Non-discrimination
Case Study 12.1: Discrimination against Fathers in Custody
Proceedings: The Critical Role of Neuroscience
 Interview 12.1: The State of Children’s Rights (Benyam
Dawit Mezmur)
12.5 Children’s Right to be Free from Poverty
Case Study 12.2: Anti-child Poverty Legislation in the United
Kingdom and Austerity Measures

Further Reading

13 The Recognition and Protection of the Human Rights of

Vulnerable Groups and Persons
13.1 Introduction
13.2 Vulnerability and International Human Rights Law
13.3 Vulnerable Groups and Persons
13.3.1 Race
13.3.2 Gender, Gender Identity and Sexual Orientation
Case Study 13.1: A Family Life before National and
Regional Courts
13.3.3 Persons with Disabilities
13.3.4 Persons Living in Extreme Poverty

Interview 13.1: Into the Heart of Everyday Violence and

Human Rights Violations: Conducting Research on, and
with, Marginalised and Vulnerable Persons (Morten Koch
Andersen)
13.3.5 Old Age
13.3.6 Refugees and Migrants
13.3.6.1 The Protection of Persons in Flight or Movement
13.3.6.2 The Protection of Refugees in International Law
13.3.6.3 The Protection of Migrants
 Further Reading

14 The Right to Development and Sustainable Development

14.1 Introduction
14.2 From Human Development to Sustainable Development
14.3 The Right to Development
14.3.1 Making the RTD Justiciable
14.3.2 Justiciability of Sustainable Development
Case Study 14.1: Justiciability of Sustainable Development
Claims
14.4 Global Partnerships for the Financing of Development
14.5 From the MDGs to the SDGs

Interview 14.1: Microfinance Non-governmental Organisation

(NGO) (Ramanou Nassirou)
14.6 Sovereign Debt and the Enjoyment of Fundamental Rights
14.6.1 Accumulation of Sovereign Debt and its Human Rights
Dimension
14.6.2 Odious, Illegal and Illegitimate Debt
14.6.3 Unsustainable Debt
Case Study 14.2: The Parliamentary Committee on the
Truth about the Greek Debt: The Artificiality of Greek Debt
and its Odious Nature
Further Reading

15 Victims’ Rights and Reparation

15.1 Introduction
15.2 The Development of the Right to Reparation
15.3 The Right to Reparation in International Human Rights Law
15.3.1 Treaties and UN Declarations
15.3.2 Practice at the Inter-state Level
15.3.3 State Practice at the National and Transnational Level
15.4 The Right to Reparation in International Humanitarian Law
15.5 The Right to Reparation in International Criminal Law
15.6 The Right to Reparation and Violations by Non-state Actors
15.7 The Right to Reparation for Historical Injustices and
Violations
15.8 The Notion and Legal Significance of the Term ‘Victim’
15.9 The Procedural Right to an Effective Remedy
15.9.1 Overview
15.9.2 The Nexus between Civil and Criminal Proceedings:
Rajapakse v . Sri Lanka
15.9.3 The Right to Property, and the Choice between
Investment Arbitration and Human Rights Avenues
15.10 The Substantive Right to Reparation
15.10.1 State Responsibility
15.10.2 Liability
15.10.3 Standard of Reparation
15.10.4 Forms of Reparation
15.10.5 Restitution
15.10.6 Compensation
15.10.7 Types of Damages
15.10.8 Proyecto de Vida : Loayza Tamayo v. Peru
15.10.9 Should Previous Conduct be Taken into Consideration
when Awarding Compensation?
15.10.10 Rehabilitation
 15.10.11 Satisfaction
15.10.12 Guarantees of Non-repetition
15.10.13 Reparation for the Violation of Collective Rights:
Saramaka People v . Suriname
15.10.14 A Brief Assessment and Outlook
15.11 The Double-edged Sword of Victims’ Politics
15.12 Negotiating, Litigating and Administering Reparations:
Experiences from the Holocaust and World War II Reparations
15.13 Reparation in Action: Litigating Human Rights Cases
15.13.1 Litigation Strategies
15.13.2 Pursuing Reparation Claims, with Particular Reference
to Litigating Torture Cases
Interview 15.1: Litigation, Advocacy and Social Change
(Basil Fernando)

Further Reading

16 The Application of Human Rights in Armed Conflict

16.1 Introduction
16.2 The Fundamental Premises of IHL
16.2.1 Distinction between Combatants and Non-combatants
16.2.2 Restricted Targeting of Military Objects
16.2.3 Means and Methods of Warfare are Not Unlimited
16.3 Rights and Obligations in Humanitarian Law
16.4 Humanitarian Law as Lex Specialis to Human Rights Law
16.5 Why Human Rights Bodies Find the Application of
Humanitarian Law Problematic
16.6 Human Rights in Situations of Military Occupation
 16.6.1 The Extraterritorial Application of Human Rights in
Occupied Territories
16.6.2 The Effective Control Test
16.6.3 The Decisive Influence Test
16.7 The Relevance of the Law to Battlefield Conditions
16.7.1 Human Physiology in Combat Situations
Interview 16.1: Battlefield Compliance (Charles Garraway
and Anon.)
16.7.2 The Dilution of Humanitarian Law and Problems in
Ensuring Compliance
Further Reading

17 Human Rights and International Criminal Justice

17.1 Introduction
17.2 Relationship between International Criminal Law and
Human Rights
17.3 Individual Criminal Liability under International Law
Case Study 17.1: International Criminal Liability at the
Nuremberg Trial
17.4 The Enforcement of International Criminal Law
17.5 Universal Jurisdiction
17.6 Peace vs International Criminal Justice
Interview 17.1: Former Chief Public Prosecutor and Director
of the Norwegian National Authority for Prosecution of
Organised and Other Serious Crime (Siri Frigaard)
17.7 Core International Crimes
17.7.1 Genocide
 17.7.2 Crimes against Humanity
17.8 The Place of Immunities in Human Rights and International
Criminal Justice
Further Reading

18 Human Rights and Counter-terrorism

18.1 Introduction
18.2 The Legal Nature of Terrorism
18.3 The Discussion on Underlying or Root Causes
18.4 The Obligation of States to Protect their Populations from
Terrorism
Case Study 18.1: Finogenov and Chernetsova v. Russia :
European Court of Human Rights Admissibility Decision of
18 March 2010
18.5 Human Rights in Counter-terrorism Operations
18.5.1 Anti-terrorist Legislation and the Principle of Legality
18.5.2 Permissible Restrictions and Derogations Arising from
Terrorist Threats
18.6 The Right to Life in Counter-terrorism Operations
18.6.1 Situations when Lethal Force is Permissible
18.6.2 Targeted Killings and ‘Shoot-to-kill’ Strategies
18.7 Attempts to Justify Arbitrary Detention
18.8 Unlawful Extraditions and Illegal Renditions of Suspected
Terrorists
18.8.1 Washing One’s Hands and Hiding Every Trace
18.8.2 From Arbitrary Detention and Unlawful Extradition the
Road to Torture is Open …
Case Study 18.2: Al-Rabiah v. USA
 18.9 Legal and Other Strategies Regarding Disappeared Terrorist
Suspects
18.9.1 The Potency of Advocacy and Outreach
18.9.2 Tracing Strategies and Release Arguments
18.9.3 Advocacy Strategies
18.9.4 Counter-terrorism: The Real Testing Ground for Erga
Omnes

Interview 18.1: Legal Defender of Guantánamo Detainees

(Clive Stafford Smith)

Further Reading

19 Human Rights Obligations of Non-state Actors

19.1 Introduction
19.2 The Status of NSAs in Human Rights Law
19.3 Multinational Corporations in the Human Rights
Architecture
19.3.1 MNCs as Foreign Investors
19.3.2 Human Rights and Foreign Direct Investment
19.3.3 Emerging Human Rights Obligations of MNCs in
Multilateral Treaties and Soft Law
19.3.4 MNC Liability under Tort Law
19.3.5 MNCs as Influencers and their Due Diligence
Obligations
Case Study 19.1: Unilateral Repudiation of Arbitral Awards
Violating Constitutional Guarantees
19.4 Human Rights Obligations of International Organisations
19.4.1 General Obligations
 Case Study 19.2: Non-consideration of Economic and
Social Rights by the IMF in Tanzania
19.4.2 International Organisations as Violators of Human
Rights: The Need for Dual Attribution
Case Study 19.3: Complicity of States through/with IGOs

19.5 National Liberation Movements and Armed Rebel Groups

19.5.1 ‘To Suffer thy Comrades’: Responding to Human Rights
Abuses by NSAs in the Philippines
Interview 19.1: Judge and Activist on Philippines’ Armed
Groups (Soliman M. Santos)

Further Reading

20 Globalisation and its Impact on Human Rights

20.1 Introduction
20.2 The Origins and Nature of Globalisation
20.3 Does the Existing Model of Trade Liberalisation Promote
Development and Alleviate Poverty?
20.3.1 Liberalisation of Agriculture and its Impact on Food
Security
Case Study 20.1: Liberalisation of Zambia’s Maize
Production

Interview 20.1: The Director of Food First (Eric Holt-

Giménez)
20.4 How Intellectual Property Rights Hinder Access to
Essential Medicines for the Poorest
Case Study 20.2: Biopiracy and the Mayocoba Bean
Another random document with
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reducing it to quarter inch lengths, but we find that after the first few
days of feeding the hens show a decided preference for Sprouted
Oats, and now we make it a rule to feed the Timothy and Clover one
day and the Sprouted Oats the next. This works very well, and the
“Biddies” seem to enjoy the different rations on alternate days.

TWO WEEKS OLD CHICKS IN BROODER HOUSE RUNS

The Colony Range is so cared for and fertilized that the growing
pullet, for the Spring and Summer months, finds an unlimited supply
of succulent green food at her door.
 CHAPTER XI
Anthracite Coal Ashes—A Substitute for Many
More Expensive Necessities
The feather of a bird is composed almost entirely of phosphorous,
and phosphorous is a great aid to the bird in digesting food. In fact,
there are manufactured “grits” offered on the market, which base
their efficiency on the amount of phosphorous they carry.
Anthracite, or hard, coal ashes, carry a considerable quantity of
phosphorous, and this is the reason chickens in all stages of their
existence are so fond of them. Our attention was first called to this
fact by observing the large number of pullets on the Colony Range,
where some loads of ashes had been used the previous season in
mixing with the fertilizer for the growing of potatoes. It was noticed
that these small heaps of ashes were very soon consumed, and
when they were replenished the pullets were never absent from the
piles. The experiment was then made of placing a small heap at the
extreme end of the chick runs from the Brooder House, and to our
surprise we found one was unable to see the ashes because of the
moving mass of yellow which covered them. It was necessary to
replenish these heaps almost daily. As ashes are perfectly sanitary
we decided to cover the entire chick run with them, which we did,
and every few days, through the brooding season, a fresh coating is
necessary, as the youngsters consume so much of the surface
constantly.

Better Than Charcoal

Next, we sifted ashes and filled the hoppers in the Laying Houses
with them. The layers ate them in the same way in which they
consumed wheat. For an experiment we stopped feeding charcoal
entirely, and found that the ashes supplied everything that the
charcoal did, with none of the dangers, for there seems to be no
doubt that where hens consume large quantities of charcoal they are
very susceptible to colds.
Large heaps of Anthracite ashes are now kept within a short
distance of every Colony House on the Range, and the use of these
ashes has very materially reduced the quantity of Grit and Shell
consumed, thus representing a considerable economy.
Until the use of Anthracite ashes came in on the Range we placed
Grit in receptacles near each Colony House, and the amount
consumed was really remarkable. As soon as the ashes were placed
there the Grit was deserted, and there practically was no
consumption of it at all, and after a few weeks we ceased to supply it
and have not done so now for years.
Since the use of the sifted ashes in the Laying Houses a soft
shelled egg is almost a curiosity on the Farm.
In the Brooder House runs, beside supplying the phosphorus to
the youngsters for their digestion, and the making of their feathers, it
does away with the fear of contamination of soil, of which so much is
now written, and it presents a surface which dries almost before the
rain storm is over, and there is no possibility of the youngsters being
let out into a muddy run.
 CHAPTER XII
Eggs for Breeding Should be Laid by a Real
Yearling Hen
Having heard many stories told by Breeders who were sellers of
eggs for hatching, and also the tales by purchasers, we were
somewhat loath to embark in this branch of the Egg Trade. The
Breeders told stories of letters which would “raise your hair” from
people who had purchased from them and met with poor success,
and of course, from their point of view, the only person at fault was
the man who sold the eggs.
For the season of 1910 our breeding pen had reached a size
which allowed us, for the first time, to offer eggs to the public, and
we decided to try it out. To everyone we stated that we would not
guarantee fertility, but, as they were getting eggs from exactly the
same pens which were supplying our own incubators, we were able,
at all times, to tell what the customer was receiving. But we went
further, and agreed that anyone claiming a low fertility, if he would
send us the eggs which he claimed to be clear, and prepay the
expressage, we would, if his claim was substantiated, send him
another lot of eggs and pay the expressage both ways.

90,000 Orders for 40,000 Eggs

During the season of 1910 we sold something over 40,000 eggs
and returned money for about 50,000 beyond our ability to supply.
The result was that many people who were disappointed booked
orders at very early dates in 1910 for hatching eggs for the season of
1911.
Our experience was quite the reverse from the stories we had
been told. Of course, in doing a large business, it is not possible to
satisfy everyone, and then, unfortunately, there are some people
who are extremely fond of attempting to get something for nothing,
and you receive statements regarding orders which have been filled,
which when investigated, prove to be somewhat different from what
you were at first led to believe.
The fertility of our eggs was such that it was almost impossible for
anyone to make a complaint, and the hatching season of 1910, both
at the Farm and for our customers, was a most successful one.
For the season of 1911 we were able to increase our breeding
facilities considerably over 1910, but we were even more unable to
meet the demands upon us for hatching eggs, than in the previous
season. The results of this year were quite as satisfactory as for the
previous, and for the season of 1912 the Farm will be in a position to
fill more orders than ever before, as we have been able to make a
still greater increase on the breeding side.

YEARLING HENS IN BREEDER HOUSE BEFORE MATING READY FOR 1912

Orders for hatching eggs are booked by such a system that people
receive them when we agree to deliver the goods, and the illustration
herewith plainly shows the plan.
$ ........ SUNNY SLOPE FARM No.
THE GREAT CORNING EGG FARM
BREEDERS OF THE STRAIN OF S. C. WHITE LEGHORNS
WHICH CANNOT BE SURPASSED

BOUND BROOK, N. J. .................... 191

Received of.............................................
....................................................Dollars
FOR ........... S. C. W. LEGHORN EGGS FOR HATCHING. THESE
EGGS ARE TO BE SHIPPED BY EXPRESS ON OR ABOUT THE

.................. DAY OF .................... 191..

THE CORNING EGG FARM

BY ....................
 CHAPTER XIII
Policing the Farm—With Bloodhounds,
Searchlights and Rifles
In the Fall of each year, from almost every part of the Country,
come reports of what seems to be organized thieving in the poultry
line. Both large and small farms are generally sufferers. For a
number of years people in the vicinity of the The Corning Egg Farm
have met with losses, and in the year 1910 an organized gang was
unearthed, which had a camp on the adjacent hills, and made nightly
raids, then shipped the birds by crossing the Watchung Mountains
and reaching railroad communication on the other side, sending their
stolen feathered plunder into the New York Market.

Shoot First—Investigate Afterwards

The Corning Egg Farm takes a great many precautions in regard
to efficient policing, and has earned a reputation for straight
shooting, not with a gun carrying bird shot, but with rifles. It is
thoroughly understood for miles around that we shoot first and
investigate afterwards. The farm carries some of the finest Blood
Hounds in the Country, all trained man-trailers, and it is thoroughly
understood that if the rifle fails to stop a thief, and it becomes
desirable to see him, the hounds will take up the trail the next day,
and no matter where he may have gone there will be no difficulty in
reaching him. Should he take train the dogs will tell the fact, and then
it will be only necessary to try each station until the one is reached
where he left the train. Should he leave by means of a horse, when
he either gets into the wagon, or mounts the horse, the hound will
take the scent, and carry it until he again takes to the ground.
 “SOCRATES,” THE GREAT BLOODHOUND WHICH HEADS THE CORNING
KENNELS

Socrates, the Great Bloodhound

The head of the kennel, “Socrates,” No. 127320, (his registered
name is “Ottawa’s Major”) is a direct descendant from Rosemary and
Delhi, the two great dogs of Mr. Burgh, of England, who for years
has been the leading breeder of man-trailing Blood Hounds.
Altogether the Farm to-day is carrying seventeen dogs. Fifteen of
them are pure and grade Blood Hounds; two are Fox Terriers. The
Fox Terriers are kept for a breed of thieves other than the two-legged
kind, and rats have no place on which to rest the soles of their feet.
The dogs, every night, are distributed at different points of the
Farm, and one of the great qualities of the Blood Hound is its
marvelous nose, which works just as well in the dark as in the light,
and as watch dogs, because of this peculiarity, they are most
efficient, giving notice of anyone approaching the Farm long before
he could possibly be detected by a dog of another breed. When they
give tongue there is no doubt in the mind of anyone but that he is
approaching a very dangerous zone.
 On the Foreman’s Apartments there is a Tower which connects
with his room, the windows of which command a view of every part
of the Farm. In this Tower there is a searchlight, and at any time of
the night, if the dogs give warning of a possible disturber, any part of
the Farm can be instantly flooded with light. Back of the search light
is the high power rifle.
Throughout the Range there is a trolley system which is used, the
overhead wire being so divided that each dog has a run of one
hundred feet, and the leash attached to the sliding pulley gives him
twenty feet on either side of the wire. This makes a complete circuit
of the Colony Range, so that it is impossible for anyone to cross in
among the Colony Houses without being reached by one of the
dogs.
We have been breeding some grade hounds, which make a rather
more ferocious animal than the pure breed, so far as natural
disposition goes. The nose quality, however, is all retained, thus
enabling these grades to become perfect trailers.

SOCRATES II AND DIOGENES

Sons of the Great Socrates
 BUSTER, AMERICA’S GREATEST RATTER

It is well on any egg farm to establish a reputation for being in a

position to always place a marauder behind the bars, and nothing so
insures protection as the knowledge that on the Farm there are
carried dogs which are capable of trailing a trespasser wherever he
may go.
 CHAPTER XIV
The Necessity for Pure Water—An Egg is
Chemically 80% Water
Eighty per cent. of an egg is water. If a sanitary egg is to be
produced it is most essential that pure water should be accessible to
the hens at all times, and not only should the water be pure, but the
drinking fountains must be of such a nature that they can readily be
kept in a pure state, and that the cups, into which the water flows
from the main fountain, cannot be fouled by the birds.

Automatic Fountains Essential

On The Corning Egg Farm the supply of water is placed before the
birds in automatic fountains, which work on air pressure, and contain
five gallons each. The water feeds down through a pipe into the
cups, the feeding pipe shutting off by the turning of a small cock,
thus permitting the removal of the cup, so that it can be thoroughly
cleansed each day at the time of filling the fountain, by the use of a
small brush, or swab. Once a week a quarter of a teaspoonful of
Potassium Permanganate is put into each fountain, just enough to
give the water a slight coloring. It is a mistake to have the color so
deep that it verges on the purple. This purifies the fountain and acts
as a preventive of colds.
 CORNING AUTOMATIC DRINKING FOUNTAIN

It is a very good practice also to occasionally put a few drops of

Kerosene oil into the bottom of the cup and then allow the water to
run in. The Kerosene will run over the entire surface of the cup and
then rise to the top of the water. As the birds dip their bills to drink a
small amount of the Kerosene is taken up on the bill, and, when the
head is thrown back to swallow it runs into the nostrils.
The drinking fountains are occasionally thoroughly cleansed with a
strong solution of Washing Soda. This, of course, is carefully washed
out of the fountains before they are filled up and placed in the Laying
Houses.

Hot Water in Cold Weather

In the Breeding and Laying Houses during the cold months, hot
water is placed in the fountains. On The Corning Egg Farm a large
boiler, with a hot water attachment, is maintained for this purpose,
and water is taken to the Laying Houses at as close to boiling point
as it is possible to get it there.

Hens Drink More in Afternoon

At first the watering was done early in the morning, but now the
watering hour has been changed to the first hour of the afternoon.
The reason for this is because, by sitting in the Laying Houses and
watching the birds, it was discovered that from one o’clock to
roosting time more water is consumed than at any other hours of the
day. At first it was thought that Biddy, on leaving her roost,
immediately sought the drinking fountain, but we find the first act,
generally speaking, is to endeavor to fill the crop with grain, and she
vigorously starts to work in the litter.
By placing the hot water in the fountains during the hour after
noon, we find that with the closing of the house for the night, the
water retains its temperature to a remarkable degree, and it is not at
all chilling to the birds in the morning of ordinary cold weather. If the
night has been an extremely cold one we make it a practice of going
through the Houses with boiling water, emptying out what may be in
the cups, and refilling them from the hot water can, thus giving any
bird which may desire a large quantity, warm water to drink at this
time in the morning.
The supply of water for all the stock on The Corning Egg Farm
comes from the deep well, already described in the chapter on
“Building the Farm.”
 CHAPTER XV
Hard Coal Ashes, Oyster Shell, and Grit
As stated in the chapter on “Anthracite Coal Ashes,” ashes have
entirely taken the place of charcoal on The Corning Egg Farm. They
are fed in hoppers with the Grit and Oyster Shell. These hoppers are
divided into three compartments, and are automatic in feeding down
the ingredients, in small quantities at a time, for Biddy’s use.
It is very essential to supply the hen with the proper grinding
material for operation in her mill, for, from the crop, what she takes
into her system in the way of grain, etc., is passed into the gizzard,
where she places a certain amount of hard, sharp stones, to use as
mill stones, and this great muscular organ then puts the food into the
proper condition for her to assimilate it.
The Grit placed in the hoppers is hard and sharp. Ordinary
pebbles are of no use to Biddy in preparing her food for digestion.
There are a great many different grits on the market sold through
Poultry Supply Houses, and by the manufacturers themselves.
Where it is possible to procure Grit having the essentials as already
described, and carrying a good percentage of lime, it adds very
materially to the desirability of the Grit.
Oyster Shell occupies the third compartment of the hoppers, this
supplying the hen with the lime necessary for her own system and
for the shell of the egg. It should be seen to that the Oyster Shell is
free from dust, and rather coarse as to its size. This represents an
economy because there is so little waste by the fowls when the Shell
is fed to them in this condition. The lack of lime in the system of the
hen is one of the reasons for soft shelled eggs, and the lack of lime
in the ingredients fed to a young chick means soft bones, which
shows most decidedly in leg weaknesses.
Where the hen is supplied with the full quantity of the ingredients
which give her lime, she turns out eggs which you might term “well
shelled” and this adds materially to the appearance of the egg, and,
consequently, helps to give it a better grading.
 CHAPTER XVI
Beef Scrap and Green Bone Substitutes for
Nature’s Animal Food
Undoubtedly the ideal animal food for the hen, if it were possible to
procure it in sufficient quantities the year round, would be angle
worms, grasshoppers, and other members of the insect family, which
the early Spring supplies in such liberal quantities. It must be
remembered that in these different worms and insects there is a
large amount of phosphorous, which adds very greatly to the ability
of the hen to successfully digest the large quantity of food which is
necessary, if she is to produce a large quantity of eggs.

Green Cut Bone Nearest Nature

The thing, perhaps, nearest in an artificial way to Nature’s animal
food, is green cut bone, and it is certainly relished by the hens, and a
great assistance in producing Winter eggs. The exercise of great
care, however, in the selection of bone is very necessary, for, if salt
bone, or tainted bone, is cut up and fed to the fowls, it will prove
most detrimental, and in many instances will mean the loss of the
hen.
For those who do not find it possible to set up the necessary bone-
cutting machinery there are numerous brands of “Beef Scrap” on the
market. This is made from green bone and meat which is then
cooked, ground and pressed, so as to preserve it fresh and sweet.
This also is a most successful way to supply the hens with the
necessary amount of animal food. It is readily mixed into the mash,
just as the green cut bone is, and, where the proper mechanical
mixer is used, it is possible to thoroughly coat the entire meal
mixture with the oily condition coming from the beef scrap, and until
one has seen beef scrap mixed into the mash by such a mixer he
has no idea how successful the operation is in preparing a high
grade mash. The beef scrap and also the fresh cut bone carry a high
percentage of phosphorus, and in fact have about all the ingredients
found in animal food secured by the hen while running on Range.
There are now appearing numerous advertisements of a prepared
fish, to take the place of other animal foods, but The Corning Egg
Farm is unable to give any opinion as to the efficiency of this
preparation. It has been the rule at the Farm, when we have
thoroughly tested and found satisfactory any article of food, not to
experiment with the various substitutes which at all times are so
widely advertised.
 CHAPTER XVII
A Time for Everything—Everything on Time
In any business, or occupation, that one attempts to carry on
successfully there must be system. Nature teaches system, and the
hen, as a part of Nature, is a very regular performer. She does
everything on time, and at a given time, and if her routine is broken
in upon she is a very much upset individual. The owner who rudely
disturbs her routine suffers in the loss of eggs.
The schedule of work among the fowls on The Corning Egg Farm
is without variation each day. In Summer the houses are always
open and need no attention in the morning, but in Winter the drops
are raised in ordinarily cold weather, as soon as it is light enough to
enable the hens to work in the litter for grain. On very cold mornings
the raising of the drops is deferred until the Sun is up, and when this
is done the drinking cups in the fountains are filled with hot water.

Fixed Feeding Hours

As close to eight o’clock as possible green food is fed to all the
hens, and, if the ground is in a reasonably dry condition, the green
food for the cockerels is scattered outside their pen, and the entire
flock is driven out of the House, where they are soon busy
consuming the green food and whatever grain may have been left on
the ground from their outdoor feeding of the previous day.
For a number of years it was the method at The Corning Egg
Farm, between the hours of nine and ten o’clock, to make a
gathering of eggs. This has now been abandoned for the reason that
so many birds were disturbed on the nests during such an early visit
to the House for gathering, and the first gathering now on the Farm
is made at eleven-thirty.
 In the study of feeding, extending over a term of years, it has been
found that a considerable economy in time can be made, with
exactly as advantageous results from the layers, by the following
routine. Fresh water is placed in all the laying and breeding pens at
one o’clock, p.m., and it is boiling water during the Winter months.
Directly following the watering the mash is placed in the troughs, and
the grain ration is scattered through the litter, both in Summer and
Winter. It has been found that the hens work just as hard, and
continue to do so, as they did when the mash and grain fed were
given at hours which practically followed the Sun, that is, earlier in
Winter, and later in Summer. In past years, the oats were fed to the
flocks as a separate ration, at eleven-thirty o’clock. This we have
discontinued. The grain ration is made up of cracked corn, wheat
and oats, in varying proportions according to the season of the year.

PART OF THE OLD INCUBATOR CELLAR

The New Building with the 15,600 Egg Machines was not Sufficiently Completed
for Interior Photograph

Four Collections of Eggs Daily