The Abolition of the Death Penalty in Rwanda

This paper argues that Rwanda’s decision to abolish the death penalty should be viewed in a wider context rather than as a mere result of top–down pressure from the International Criminal Tribunal for Rwanda (ICTR). Part I traces the creation of the ICTR and the breakdown of negotiations as a result of the exclusion of the death penalty from the ICTR’s jurisdiction. It then outlines Rwanda’s efforts to prosecute the hundreds of thousands of individuals accused of committing genocide-related crimes and notes the limited and steadily decreasing role the death penalty actually played within Rwanda. Part II discusses Rwanda’s legislation abolishing the death penalty and argues that both international pressure and local historical and political forces influenced the decision. Part III situates Rwanda’s story within a growing paradox of excluding the death penalty from international criminal tribunals for the most serious crimes while national jurisdictions maintain it. It concludes that as in Rwanda, any perceived or potential impact of international criminal law in national jurisdictions must be measured in light of local circumstances.

Punishing Genocidaires: A Deterrent Effect or Not?

More than sixty years after the seminal Nuremberg trials, different forms of transitional justice mechanisms abound around the world. Above all, the International Criminal Court started recently the hearings in its very first case. Reading the document containing the charges against Thomas Lubanga Dyilo, a militia leader accused of horrendous war crimes committed in the Democratic Republic of Congo, the question of why to punish perpetrators of atrocity crimes seems almost ludicrous. However, concerns that international prosecutions inadvertently prolong or even exacerbate conflicts do require a response. Most proponents of international criminal tribunals argue that prosecutions have a deterrent effect. This article reviews the deterrence argument, highlights its inherent complexities, and proposes a refined approach to meet both the realities of atrocity crimes and international prosecutions.

---

Judicial Capacity Building in Bosnia and Herzegovina: Understanding Legal Reform Beyond the Completion Strategy of the ICTY

This article examines how international institutions serve to diffuse human rights norms and create judicial capacity building in post-conflict societies. Specifically, we examine how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Office of the High Representative have influenced the reform of domestic courts in Bosnia and Herzegovina (BiH). We place these reforms within the broader debate over restructuring the complex system of government in BiH. Since 2005, domestic courts in BiH have had jurisdiction over the following: (1) Cases which were initially under the jurisdiction of the domestic courts but remanded to the ICTY and recently returned to BiH. (2) Cases which originated at the ICTY and have been transferred to the State Court, and (3) new cases which originated and remained in the domestic court system. We find that while human rights norms have been incorporated into the new legal code, the diffusion of these human rights norms has been inadequate because of the lack of judicial capacity building. While some courts in the capital enjoy significant resources, the vast majority of cases will be tried at provincial courts which are under-funded and unable to prosecute the significant number of cases. Moreover, the government structure of BiH has had a decidedly negative impact on the prosecution of these cases. Ultimately, the rule of law requires consistency of approach and funding to protect human rights throughout the state.

---

Rape and Sexual Violence as Torture and Genocide in the Decisions of International Tribunals: Transjudicial Networks and the Development of International Criminal Law

International criminal tribunals established by the UN Security Council in the 1990s have been widely acclaimed as active participants in the modern system of dynamic criminal justice. One of their best known achievements is the prosecution of rape and sexual assaults. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) set an example for other tribunals to follow. By interpreting a variety of international laws, the community of international legal professionals has been able to shift the prevailing understanding of rape and sexual violence away from that of an “unfortunate byproducts of war.” Not only has the epistemic community of legal professionals been able to end impunity for these crimes, but case-law of international tribunals has become a basis for subsequent trials at quasi-international tribunals. Decisions of the tribunals have been instrumental in drafting the Statute of the International Criminal Court and can be regarded as an example of the formation of new international norms by means of judicial decisions.     

Crimes Against Humanity in Colombia: The International Criminal Court’s Jurisdiction Over the May 2003 Attack on the Betoyes Guahibo Indigenous Reserve and Colombian Accountability

The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes a persuasive moral case for ICC prosecution. The ICC has jurisdiction over the attack on the Betoyes people by the AUC and Colombian military. The article further discusses the potential legal exposure of the Colombian government, individual Colombians and US individuals through its military support and training of the Colombian military.

International Obligations and the Morality of War

Americans are not as religiously divided on foreign policy questions as they are over such hot-button, culture war domestic issues as abortion and gay marriage. Nevertheless, surveys suggest that Americans’ attitudes on several foreign policy fronts are consistent with a religious worldview. This analysis draws primarily on the findings of various PRC polls to examine the relationship between religion and three areas of foreign policy: the role of the USA in the world; the nature of international obligations; and the morality of war.

Justice Without Transition: Truth Commissions in the Context of Repressive Rule

While the study of transitional justice, and especially truth commissions, has gained in popularity over the past two decades, the literature is overwhelmingly focused on activities in democratizing states. This introduces a selection bias that interferes with proper analysis of causes and consequences of transitional justice on a global scale. In this paper, I discuss conditions under which new repressive elites, and even old repressive elites who survive to rule and repress in nominally new systems, may choose to launch broad investigations of the past. I argue that such a decision is based on two primary considerations, the presence of internally or externally based incentives (e.g., foreign aid) and the level of political control enjoyed by old elites in the new system. I apply this argument to post-Soviet Central Asia, including a detailed case study of Uzbekistan’s 1999 truth commission based on domestic media analysis and local elite interviews.

Reparations for Historical Human Rights Violations: The International and Historical Dimensions of the Alien Torts Claims Act Genocide Case of the Herero of Namibia

Between 1904 and 1908, German colonialists in German South West Africa (GSWA, known today as Namibia) committed genocide and other international crimes against two indigenous groups, the Herero and the Nama. From the late 1990s, the Herero have sought reparations from the German government and several German corporations for what occurred more than a hundred years ago. This article examines and contextualizes the issues concerning reparations for historical human rights claims. It describes and analyzes the events in GSWA at the time. It further explores whether international humanitarian law and international human rights law today permit reparatations to be obtained. The article therefore examines the origins of international criminal law, as well as international human rights and humanitarian law, to determine whether what occurred then were violations of the law already in force. Finally, the article examines and evaluates the Herero reparations cases, as well as the potential impact of the cases on the wider reparations movement that sees an increasing number of claims for events that occurred during colonial times.

Antwort auf die Replik von Marc Bühlmann,Wolfgang Merkel,Lisa Müller und Bernhard Weßels zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung

---

Wie lässt sich Demokratie am besten messen? Zum Forumsbeitrag von Thomas Müller und Susanne Pickel

Ohne Zusammenfassung * Die vier Autor(inn)en arbeiten in einem gemeinsamen Forschungsprojekt des NCCR Democracy (vom Schweizerischen Nationalfonds finanziertes National Centre of Competence in Research: Challenges to Democracy in the 21^st Century) und des WZB an einem „Demokratiebarometer“ für die 30 OECD-Staaten, das die Ignoranz der 0-Varianz bei Polity und Freedom House aufkl?ren will.

---

The 2008 Election

The 2008 presidential election will be significant both for domestic and for foreign policy. Issues of security in domestic policy will continue to trump issues of freedom. The difficulties of resolving our military presence in Iraq will be the first among many important issues the new administration must confront. In both domestic and foreign affairs the new administration will have to deal with the unanticipated consequences of inherited policies even as it creates its own agenda and its own set of unintended consequences.

The Prison Boom and the Decline of American Citizenship

The US imprisonment rate increased fivefold in the three decades from 1975 to 2005. Growth in the scale of criminal punishment was linked partly to a more punitive politics that repudiated the goal of rehabilitation, and partly to the collapse of economic opportunity for young unskilled men in inner cities. The growth of the penal system produced extraordinary rates of incarceration among recent cohorts of young black men with little schooling. We can understand the growth of incarceration to produce and erosion of citizenship among young black men, weakening the web of mutual obligation that defines full membership in American society.

Why Do States Commission the Truth? Political Considerations in the Establishment of African Truth and Reconciliation Commissions

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC prior to South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice.

Close But Not Close Enough

The authors comment on an earlier aritice in Society by Eugene Goodheart and offer a novel hypothesis about the origins of religion.

Getting to Peace? Negotiating with the LRA in Northern Uganda

Getting to peace is not a straightforward process. In Uganda, internal conflict has raged for more than 20 years between the Government and the Lord’s Resistance Army. The construction of a comprehensive negotiated settlement is at the mercy of conflicting ideologies and influences at the international, national and grassroots levels. This paper examines the Juba peace talks, the major actors in the negotiation process, and tension between prosecution and amnesty.

The Special Court for Sierra Leone’s Consideration of Gender-based Violence: Contributing to Transitional Justice?

Serious gender-based crimes were committed against women and girls during Sierra Leone’s decade-long armed conflict. This article examines how the Special Court for Sierra Leone has approached these crimes in its first four judgments. The June 20, 2007 trial judgment in the Armed Forces Revolutionary Council case assists international criminal law’s limited understanding of the crime against humanity of forced marriage, but also collapses evidence of that crime into the war crime of outrages upon personal dignity. The February 22, 2008 appeals judgment attempts to correct this misstep. In contrast, the August 2, 2007 trial judgment in the Civil Defence Forces case is virtually silent on crimes committed against women and girls, although the May 28, 2008 appeals judgment attempts to partially redress this silence. This article concludes that the four judgments, considered together, raise the specter that the Special Court could potentially fail to make a significant progressive contribution to gender-sensitive transitional justice.

The Weakness of Our Political Parties

Whatever else the 2008 presidential election may result in, we can be sure that it will only contribute further to the steadily declining role of political parties in American politics, and the myriad negative consequences arising from that decline.

Does Workplace Experience Enhance Political Participation? A Critical Test of a Venerable Hypothesis

Several schools of thought claim that citizens can develop their democratic skills at the workplace. Here I focus on the hypothesis put forward by Carole Pateman and by Sidney Verba and colleagues that state that by practicing civic skills and democratic decision-making at the workplace, citizens become more active in politics. I test the hypothesis with a nationally representative panel survey of the Swedish population. My findings contradict previous empirical research as no impact on political participation was discovered. I argue that the effects may have been overestimated in prior studies because the tests were based on cross-sectional data: insufficient care was taken with a number of significant methodological problems. The study points to the importance of using panel models when investigating the causes of political participation.

Cohabitation,Marriage, and Child Wellbeing: A Cross-National Perspective

Non-marital cohabitation has become widespread in modern, Western nations. It has led to dramatic declines in marriage rates and contributed to high levels of unwed births and lone-parent families, thus negatively affecting child wellbeing.