Developing policy on integration and re/construction in Kosova

The Gender Audit (GA) and associated reports and reviews drawn upon in this article enable an evaluation of how far the intervention processes at work in Kosova since 1999 have been inclusive of gender analysis and supportive of women's and girls' needs and interests. This assessment considers the strengths and drawbacks of various attempts to use and implement gender-sensitive projects. The GA was designed to support the emerging feminist reconstructive politics in Kosova. Its findings and recommendations tackle aspects of empowerment, equity, and opportunities, outlining some developments from community activism as well as outcomes of the international administration. By considering developments over a two-year period, it is possible to place issues of equity and opportunities in the context of change over time, with change at local and national levels linked with developing international dialogues. The article analyses local work undertaken by the Kosova Women's Network to overcome violence against women in war and domestic peace, and reviews international work engaged in by the Kosovo [sic] Women's Initiative (KWI). Many Kosovar women (of all ethnicities) do fully acknowledge their community membership, and recognise the risks involved in talking across their differences to achieve everyday security and reconciliation. International reports and reviews such as those produced in 2002 by the UN Secretary-General and UNIFEM on women, war, peace, and security, as well as the review of the KWI, allow an assessment of how dialogues are changing and what the potential impact of such change might be on policy development and implementation.     

Could the system work better? Scale and local knowledge in humanitarian relief

This article analyses the international humanitarian response to the earthquake in Jogjakarta, Indonesia in May 2006. It also compares it with a small but very successful local initiative. It identifies inherent weaknesses in the international system, and argues for the possibility of scaling up lessons learned from the local example.     

Analysis: Reconceptualising transitional justice: embedded and distanced justice

This article argues that transitional justice ranges from the very personal and local to the global and structural, spanning processes and outcomes, clear demands, compromises and contracts. It explores this diversity using the framework of ‘embedded justice’ and ‘distanced justice’, and the case studies of South Africa, Rwanda and Sierra Leone. The argument draws on Fletcher and Weinstein (2002) to argue that justice needs to be embedded within and to engage the communities, cultures and contexts of conflict. A recent article by Sieff and Vinjamuri (2002) is used to advocate decentralisation. Transitional justice debates have generally overlooked justice, and human rights, as manifest in political, economic and social processes whilst privileging the law, and dismissing the potential of locally generated and embedded justice. The article argues that achieving the correct balance requires a shedding of naïve faith in, and the transformation of, both local and international justice, and the contexts within which they operate, whilst seeking to build on their complementary capacities and legitimacies.     

The governance of justice and internal security in Scotland: between the Scottish independence referendum and British decisions on the EU

This article examines how the governance of justice and internal security in Scotland could be affected by the outcome of the Scottish independence referendum in September 2014. The article argues that it is currently impossible to equate a specific result in the referendum with a given outcome for the governance of justice and internal security in Scotland. This is because of the complexities of the current arrangements in that policy area and the existence of several changes that presently affect them and are outside the control of the government and of the people of Scotland. This article also identifies an important paradox. In the policy domain of justice and internal security, a ‘no’ vote could, in a specific set of circumstances, actually lead to more changes than a victory of the ‘yes’ camp.     

Spillover effect: aftershocks in Kosovo,Macedonia and Serbia

The 1999 NATO intervention against Yugoslavia may prove to be a pivotal event in European security. Yet much of former Yugoslavia seems to hover in tenuous uncertainty, Kosovo remains an international protectorate and Macedonia's fate is uncertain. Specifically, aftershock events of the post-Kosovo intervention led to a security degradation in Macedonia in 2001 and seriously hampered the recovery efforts of Serbia after the ‘October Revolution’ of 2000. This article presents a broad problem-set of dynamics that were and are driving forces in the shaping, analysis and future direction of the European security architecture. Attempts to explain conflict that focus too narrowly on ethnic differences or too broadly evoke human justice as grounds for intervention will consistently miss the strategic mark. There are indeed spillover effects in Macedonia and in Serbia that have direct relations with the aftermath of the 1999 Kosovo intervention.     

Responsibility to Protect in the Age of Global Terror: A Methodological Reassessment

Abstract

Ten years after its formal adoption, the R2P doctrine remains an incomplete project in a world of continuing conflicts now aggravated by the existential threat of global terrorism. The debate on the permissibility of military action to stop mass atrocities when authorisation to use force is not forthcoming from the Security Council has produced only a plurality of conflicting theories but hardly any progress at the normative level. A two-pronged approach could be used to consolidate R2P as a doctrine fully integrated into the corpus of international law. The first prong requires the revamping of the largely neglected Article 48 of the ILC Draft on State Responsibility; the second involves using R2P as a platform to initiate a reform of customary international law to make it more consistent with elementary principles of justice and universal human rights.     

Human Security and Constructivism

This article explores the concept of "human security" as an academic and fledgling policy movement that seeks to place the individual—or people collectively—as the referent of security. It does this against a background of evolving transnational norms relating to security and governance, and the development of scientific understanding that challenges orthodox conceptions of security. It suggests that human security is not a coherent or objective school of thought. Rather, there are different, and sometimes competing, conceptions of human security that may reflect different sociological/cultural and geostrategic orientations. The article argues that the emergence of the concept of human security—as a broad, multifaceted, and evolving conception of security—rreflects the impact of values and norms on international relations. It also embraces a range of alliances, actors, and agendas that have taken us beyond the traditional scope of international politics and diplomacy. As a demonstration of change in international relations, of evolving identities and interests, this is best explained with reference to "social constructivist" thought, in contradistinction with the structural realist mainstream of international relations. In a constructivist vein, the article suggests that empirical research is already building a case in support of human security thinking that is, slowly, being acknowledged by decision-makers, against the logic of realist determinism.     

The myth of the local

Debates about the diffusion of international norms have increasingly focused on norm appropriation, highlighting the agency of local actors. The proliferation of international organizations in the Global South raises the question of whether and how they practice local norm appropriation. This article uses ethnographic methods to investigate the appropriation of development norms in an intergovernmental development organization located in Bangladesh. Established theories like localization and sociological institutionalism would expect local actors to allude to a global norm but not to adhere to it. On the contrary, this study finds that, while development organizations may allude to local development norms and dismiss UN-led initiatives as “Western,” their practices remain in line with global concepts such as the Millennium Development Goals and the Human Development Index. These actors perform to localize, but the rhetoric is not matched by their everyday practices. The local therefore functions as a myth.     

The significance of the Cracow summit

This article assesses whether the EU contributes to long-term positive change in societies emerging from violent conflict, helping them ‘mend’ or whether it simply encourages societies to ‘make do’ with the status quo. To do so, the article focuses on two of the principles found in the Treaty, peace and justice for human rights violations. It examines how the EU translates the principles of peace and justice into policy and puts them into practice by analyzing EU engagement in peace mediation, transitional justice, and security sector reform in general and through in-depth examination of EU engagement in the Democratic Republic of Congo. It questions the prevailing discourse that greater inter-institutional coherence would improve EU security provision and considers whether and how the EU prioritizes between peace and justice. The article finds that principles may be translated into policy and put into practice, and practice is often ahead of policy. But this is uneven within as well as across the institutions. Greater coherence between principle, policy, and practice, rather than between institutions, would improve EU security provision and enable prioritization. If the EU settles for making do, it undermines its considerable potential to contribute to long-term solutions to complex conflicts.     

Human security and the separation of security and development

This article advances a counter-intuitive argument about what are argued to be the links between security and development in human security. The argument is counter-intuitive because the merging of development and security is explicitly part of the human security discourse. However, this paper will argue that human security can better be understood not through its own discourse, but placed in the context of the changing relationship between the developing world and the developed world after the end of the Cold War. Rather than the merging of security and development it will suggest that human security is representative of a period in international relations in which there is a separation of security and development. The broader international context is one in which the developing world is less of a security concern to the developed than was the case during the Cold War.     

Security sector reform,gender and local narratives in Burundi

This paper maps the difficulties with operationalising the gender discourse described in the peace accord and post-conflict documents, which guide Burundi's peace-building process, through local women's narratives from the security forces. The author claims that due to limited international and local investment, the local women involved in the security forces initiate small practical changes by referring to their vision of femininity, while theoretically legitimising these demands by linking them to the international human rights discourse in order to survive in an overwhelmingly masculine arena. International organisations and donors’ focus on traditionally feminine and softer areas, such as reconciliation and reintegration programmes, together with local elites’ tendency to view gender as an ‘add-on’ contribute to this development.     

Bringing in the grassroots: transitional justice in Zimbabwe

Since 2008, the Government of Zimbabwe, the international community and non-governmental organisations have all advocated the need for transitional justice in Zimbabwe. Yet, few initiatives have emerged. This article suggests that local communities could be enabled to help fill this policy vacuum. The results of a pilot research project are presented, where 1,400 victims of violence were engaged. The data collected highlights a clear demand for justice at the grassroots, but an educational input is necessary and transitional justice capacity needs to be built. Currently unstructured and unorganised opinions on how to cope with past violence need to be translated into practical programmes of action. The article asserts that such leadership, stimulated from the grassroots, represents a potential strategy capable of challenging the existing policy vacuum. Even if this challenge is initially rebuffed, it is contended that such an input still remains vital for the longer term. An opportunity currently exists to deepen an understanding of transitional justice in Zimbabwe which will enable community groups to initiate and respond to Zimbabwe's transitional justice processes when the national political environment becomes more receptive to this need.     

Trading amnesty for impunity in Timor-Leste

In 1999, the United Nations made a strong stand against impunity for human rights crimes by prohibiting the inclusion of blanket amnesties in peace agreements. This article examines the impact of the UN’s anti-amnesty policy on one of the first states to be affected by it, Timor-Leste. It argues that even in the absence of an amnesty, more than 15 years after independence impunity still reigns in Timor-Leste, due a lack of judicial capacity, political interference, the persistent belief that amnesties facilitate reconciliation, and an unwillingness on the part of the international community to adequately fund the justice process. That is, this article argues that the UN has oversold its position on amnesties, and that although its anti-amnesty policy is taking hold, in the case of Timor-Leste at least, justice seems as elusive as ever.     

中俄国际政治安全秩序观:基于实证分析的比较研究

国际政治安全秩序观是有关国家对国际政治安全秩序的性质、发展趋势、维护路径、本国与之关系等问题的看法、立场和主张的总和,对国家对外行为有重要影响。作为一种抽象的国家观念,它既可见于国家对外政策权威文件,也体现在一国有关国际政治安全问题的对外行为中。通过中俄对外政策文件,考察两国国际政治安全秩序观之异同,并结合中俄有关国际政治安全问题的外交行为,特别是两国在安理会的投票,可以逆向透视两国国际政治安全秩序观。这种互补性研究路径结合文本解读与对外行为分析,使二者彼此验证,可弥补单一路径之偏颇。中俄均主张维护以联合国为核心的国际政治安全秩序的稳定,推动多极化秩序朝更加公正合理的方向发展,维护国际公平正义,反对军备竞赛和外空军事化,反对霸权主义和强权政治,尊重公认的国际法准则与和平共处五项原则,主张通过政治和外交途径解决国际冲突,并非西方所谓的“修正主义国家”。中俄两国在对多极化的理解、维护国际政治安全的手段和依靠力量、欧亚地区秩序、对以联合国为核心的国际安全制度的尊重程度等方面有异。比较而言,中国之“言”(国际政治安全秩序声明)与“行”(维护国际政治安全秩序之行为)更显一致。     

A People's Court: Emotion,Participant Experiences,and the Shaping of Postwar Justice at the International Military Tribunal for the Far East, 1946–1948

The International Military Tribunal for the Far East (1946–1948) or Tokyo IMT is overlooked for its contributions to modern international criminal justice. Convened to hold Japanese leaders accountable for conspiring to commit aggression, crimes against peace, crimes against humanity, and war crimes during the Second World War, the IMTFE was both a groundbreaking judicial undertaking and a pioneering multilateral institution. This distinction makes it a unique vehicle for exploring the fundamental challenges of both international justice and organisation. Institutions like the IMTFE are usually viewed through broad geopolitical, legal, and ideological lenses. Although important, these approaches miss a singularly important dimension of multilateralism: the human contingencies that impact international bodies. Using unique participant sources, this article presents an intimate “trial's-eye-view” of how working at the IMTFE affected the emotions, psychology, and temperament of its personnel. Participant responses on these very personal levels had profound consequences on the tribunal's proceedings, findings, and legacy. Other factors shaped justice in Tokyo, but the responses identified here were common, and their impact significant. Ultimately, this paper argues that people and their experiences—as much as anything—produced the outcome of justice in Tokyo.     

Democratising Transitional Justice: Transitional Trade-offs and Constituting the Demos

I argue that transitional justice should be democratised and to realise this goal I propose a method by which people can be enfranchised to make such choices. By showing that transitional justice options often involve trade-offs, I lay the groundwork for my democratic account of transitional justice. This article balances three democratic principles, including collective self-determination, the all affected interests principle and the protection of individual rights that are necessary to vote, to argue that victims and potential victims should constitute the transitional justice demos. I propose a new institution that would balance international and local control of transitional justice decision making, and choose the demos. This article does not attempt to construct a theory of how to resolve tensions in transitional justice decisions. Conversely, exactly because these tensions are often present, I develop a theory of who should be empowered to make transitional justice decisions and how their powers should be constrained.     

Pre-emption,Deterrence, and Self-Defence: A Legal and Historical Assessment

The policy of the United States, outlined in the 2002 National Security Strategy, whereby the US claims a right under international law to engage in pre-emptive use of force to prevent a rogue state's development of nuclear weapons, or any weapons of mass destruction (WMD), is unnecessary and therefore unlawful under customary international law of self-defence. This conclusion is reached through a comprehensive and intensive assessment of the normative reactions of politically effective actors to China's development of nuclear weapons during a two-year period between the Cuban Missile Crisis and China's first test in October 1964. While pre-emptive use of force against China, a rogue state, was considered by both the United States and most likely by the Soviet Union, neither used force to prevent it developing nuclear weapons. Since a policy of pre-emptive use of force was unnecessary for either state's self-defence, it would have been unlawful under customary international law. Given that the current strategic scenario of states vis-à-vis rogue states is the same under most circumstances, notwithstanding the existence of international terrorist networks, the article concludes that the proposed claim of the United States is, prima facie, unnecessary to its self-defence, and therefore unlawful under customary international law of self-defence. It shifts the burden of proof to policymakers claiming that all rogue states can be lawfully prevented through pre-emptive use of force from acquiring nuclear weapons, to establish that a particular state cannot be deterred from the use of nuclear weapons. Though the preventive war claim of the US National Security Strategy 2002 may turn out to be an effective strategic bluff in limiting WMD proliferation, the wisdom of the threat should not be confused with the illogic of preventive war.     

Human security and the rise of global therapeutic governance

This article discusses the emergence of global therapeutic governance or the influence of social psychology on international development policy. Therapeutic governance links psychosocial well-being and security, and seeks to foster personalities able to cope with risk and insecurity. The article analyses how Western alarm at the destabilizing impact of development eroded its support for an industrialization model of development. The article then examines how the basic needs model is underpinned by social psychological theories and involves an abandonment of national development. Finally, the article considers development as therapeutic governance and the implications of abandoning national development for the concept of human security.     

Radicalisation and violent extremism in West Africa: implications for African and international security

This article interrogates emerging trends and patterns in the process of radicalisation and violent extremism in West Africa and the implications for regional and international security regimes, practices and thinking. It argues that there are real and imagined challenges of radicalisation and violent extremism. The overarching view is that the emergence of intra- and extra-African preoccupation with violent extremism alone, rather than alongside seriously addressing its structural undercurrents related to preventing and interrupting the process of radicalisation, distorts the security realities and further exacerbates the security situation in Africa. Radicalisation and violent extremism further integrates West Africa into global security assemblages, yet the absence or non-incorporation of an indigenous African (civil society) perspective or counter-narrative about radicalisation and violent extremism uncritically fuses and conflates the strategic interests of major powers with the local realities in Africa. Moreover, there is a huge potential that national governments could exploit local, regional and international interests in counteracting terrorism for domestic political advantages, such as mis-characterisation of subsisting conflicts, regular political opposition and other local grievances as cases of terrorism, thereby risking a deterioration in security conditions.     

Masculinity and male survivors of wartime sexual violence: a Bosnian case study

While conflict-related sexual violence affects men and women, male survivors are often overlooked or marginalised. The case of Bosnia-Herzegovina (BiH) is a poignant example. Twenty-two years after the Bosnian war ended, little attention has been given to the men who suffered diverse forms of sexual violence during the conflict. The present article contributes to addressing this gap. Based on semi-structured interviews with 10 men who endured the horrors of the ?elopek camp in north-east BiH, it focuses on the lives of these men today. Exploring the men’s silences and the intersection of their trauma with ongoing everyday problems, it goes beyond the commonly made argument that sexual violence against men constitutes an attack on masculinity. Fundamentally, it examines how masculinity norms and expectations have shaped the men’s stories, coping strategies, and current needs. This use of a masculinity lens highlights important gaps within transitional justice, which to date has narrowly focused on violent and militarised forms of masculinity. The article thus calls for transitional justice processes to give more attention to masculinities affected by violence.