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.

Death Penalty: The Political Foundations of the Global Trend Towards Abolition

The death penalty is like no other punishment. Its continued existence in many countries of the world creates political tensions within these countries and between governments of retentionist and abolitionist countries. After the Second World War, more and more countries have abolished the death penalty. This article argues that the major determinants of this global trend towards abolition are political, a claim which receives support in a quantitative cross-national analysis from 1950 to 2002. Democracy, democratisation, international political pressure on retentionist countries and peer group effects in relatively abolitionist regions all raise the likelihood of abolition. There is also a partisan effect, as abolition becomes more likely if the chief executive’s party is left wing-oriented. Cultural, social and economic determinants receive only limited support. The global trend towards abolition will go on if democracy continues to spread around the world and abolitionist countries stand by their commitment to press for abolition all over the world.

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The Death Penalty and the Peculiarity of American Political Institutions

This article examines distinctive American political institutions that contribute to explaining the continued use of the death penalty. In the light of wide popular support for capital punishment, strong political leadership is considered to be a principal channel for the abolition of capital punishment. The dilemma of the US death penalty, however, lies in populist features of political structures that greatly limit the political leverage and possibilities available to leaders. The institutional arrangements in the United States allow public support for the death penalty to influence political decision making more directly than it can in the European counterpart. A strong receptiveness of US political leaders to the public also implies that once public opinion changes, political leaders are likely to respond to the public’s new attitude. Unlike most countries, which abolished the death penalty through political initiatives that were counter-majoritarian, the United States may abolish it only after a change in public opinion.

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Human Rights and Ethnic Data Collection in Hungary

The article analyzes ethnic data collection pertaining to criminal justice in Hungary. With such a sensitive and delicate issue at hand, Hungary has decided on an evasive approach, resisting ethnic data collection by law enforcement authorities. The author argues that this approach has become one of the obstacles in fighting discrimination and ethnic profiling. Moreover, Hungary’s restrictive approach to ethno-national data classification also causes severe constitutional problems in other, noncriminal legal circumstances, where ethnic data is used in the context of additional rights and affirmative protection provided for ethno-national minorities. The first part of the article describes general problems relating to ethnic data collection and analyses of the Hungarian minority protection framework, in particular, the minority self-government structure (a unique constitutional institution). The second part focuses on the criminal justice system; the author’s aim is to show that prohibiting the official recognition and collection of data on ethnicity by criminal justice authorities has potentially ethnically discriminatory consequences. This paper was written under the aegis of the Bolyai Research Scholarship of the Hungarian Academy of Sciences.

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Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law.

Extending a Life with Meaning

This essay questions Callahan’s criticism of people’s aspiration to extend their life. It argues that ideas about life are subject to historical variations and the question at issue is whether society can give meaning to aging. It also questions the claim that the radical extension of human life will jeopardize the welfare of future generations. It suggests that the application of the precautionary principle to the question of aging avoid facing up to question how society should value the old.

Analyzing decentralized resource regimes from a polycentric perspective

This article seeks to shed new light on the study of decentralized natural resource governance by applying institutional theories of polycentricity—the relationships among multiple authorities with overlapping jurisdictions. The emphasis on multi-level dynamics has not penetrated empirical studies of environmental policy reforms in non-industrial countries. On the contrary, many of today’s decentralization proponents seem to be infatuated with the local sphere, expecting that local actors are always able and willing to govern their natural resources effectively. Existing studies in this area often focus exclusively on characteristics and performance of local institutions. While we certainly do not deny the importance of local institutions, we argue that institutional arrangements operating at other governance scales—such as national government agencies, international organizations, NGOs at multiple scales, and private associations—also often have critical roles to play in natural resource governance regimes, including self-organized regimes.

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.

The Age of Geoeconomics, China’s Global Role, and Prospects of Cross-Strait Integration

After noting the rise of geoeconomics in the post-Cold War era, the paper ascertains how the age of geoeconomics re-defines power and the rules of the balance of power game. Of particular significance is that a nation’s economic security eclipses its military security (or traditional national defense). In this context, I examine the meanings of the rise of a re-ascendant China for world politics in general and for Taiwan’s future in particular. Considering Taiwan’s heavy dependence on imported natural resources and its isolation and exclusion from vital international economic groupings, such as FTA’s. ASEAN, ASEM, and the 16-nation Asian super economic bloc in the marking. Finally, I take a prospective look at the prospect of a future cross-Strait integration between Taiwan and mainland China under the impact of the dictate of geoeconomics.

From Dictatorship to Democracy: Four Chilean Women’s Memories

A law school dean, a university president, a scholarly judge, and the head of the Foreign Ministry division in charge of Chile’s frontiers agree: The Constitution of 1980 was the initial turning point in Chile’s transition from autocracy to pluralism.

Returning to a Sane Foreign Policy

The next president of the USA will surely correct some of the Bush administration’s most egregious policy errors, particularly its gross insensitivity to the rest of the world’s opinions and its extreme bellicosity. To restore trust in American, and to strengthen national security, better diplomacy will be necessary. Strengthening a demoralized and nearly dysfunctional State Department by acknowledging the vital role foreign area experts must play will have to be a major part of the new administration’s policy.

Human Rights in Kosovo

The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an overview of human rights abuses since 1945 and closes with a brief assessment of the international plan presented by UN mediator Martti Ahtisaari in February 2007.

Stuck with Virtue in Our Pro-Life Future

Callahan is wrong to be pro-death, but he’s right to say that to live well—or for society to have a real future—we have to care about more than mere life. Futile attempts to stop the pursuit of extreme personal prolongevity are contrary to our rights-based way of life. It’s also contrary to human love and dignity to regard the old as a threat.

Pluralism and Multiculturalism

I agree with Roger Sandall’s opposition to the ‘culture cult’ in broad outline, but wish to register three reservations. First, he is too sweeping in apparently attacking the whole of ‘multiculturalism’, and unfair in condemning claims on the basis of the motives allegedly behind them. Second, his relativist interpretation of Berlin and Herder needs qualification, since their work also contains the idea of value pluralism, which should be distinguished from relativism. Third, the political implications of pluralism support a commitment to liberal universalism and liberal multiculturalism, which may not be far removed from Sandall’s own position.

Islamists in the “Rainbow” Coalition

In the 1980s, Britain’s Labour Party promoted a system of race-relations that envisioned Britain as a collection of discrete cultures with equal status. This multicultural model for organizing society conflicted with traditional British notions of a unified national culture, with an assimilationist model of immigrant incorporation. Today, the Labour Party’s relationship with Islamists is sharply dividing Labour’s “rainbow” constituency. Whereas the horrific events of 9/11 and 7/7 have led many Labour leaders to replace its defense of multiculturalism with Tory-sounding calls for immigrant assimilation, other Labour leaders are working harder than ever to accommodate their Muslim constituents.

Open Immigration Policies and Liberal Discomfort

Consequentialist cosmopolitanism, Peter Higgins argues, enables closed border liberals to evade charges of moral hypocrisy despite their commitment to moral equality of individuals, once we recognize that open border arguments rely on cosmopolitanism’s individualism requirement, which ignores social realities relevant to a realistic assessment of the social consequences of an open immigration policy. Higgins is mistaken, however, in contending that cosmopolitan individualism entails attention to people only in their capacity as the abstract atomic individuals populating Charles Mills’ idealized social ontologies. Conversely, if cosmopolitan individualism does compel us to think of people as abstract atomic individuals, we are not obliged to think of them as relatively privileged. Under liberal cosmopolitanism, however, which prohibits state discrimination between citizens and non-citizens, open border policies are subject to no such consequentialist objections.

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.

Media Use and Political Predispositions: Revisiting the Concept of Selective Exposure

Today, people have ample opportunity to engage in selective exposure, the selection of information matching their beliefs. Whether this is occurring, however, is a matter of debate. While some worry that people increasingly are seeking out likeminded views, others propose that newer media provide an increased opportunity for exposure to diverse views. In returning to the concept of selective exposure, this article argues that certain topics, such as politics, are more likely to inspire selective exposure and that research should investigate habitual media exposure patterns, as opposed to single exposure decisions. This study investigates whether different media types (newspapers, political talk radio, cable news, and Internet) are more likely to inspire selective exposure. Using data from the 2004 National Annenberg Election Survey, evidence supports the idea that people’s political beliefs are related to their media exposure—a pattern that persists across media types. Over-time analyses suggest that people’s political beliefs motivate their media use patterns and that cable news audiences became increasingly politically divided over the course of the 2004 election.

Conservation and community-based development through ecotourism in the temperate rainforest of southern Chile

General assessments of ecotourism and community-led development offer conflicting views of these strategies’ potential. Appraisals of successful projects add to the available knowledge that policy makers can use to improve decision-making. The Mapu Lahual Network of Indigenous Parks (RML), an ecotourism development and conservation project in the 10th Region of southern Chile, covers 45,000 ha within the territories of eight indigenous communities, in a part of southern Chile that national and international conservation organizations consider a high priority for ecological conservation. Elected leaders of the indigenous communities established the RML in 2000 with technical assistance from public agencies and financial assistance from national and environmental organizations. The RML’s primary purpose is to increase and diversify per-capita incomes in a way that preserves the area’s environment and culture by establishing tourism based on a system of parks, trails, campgrounds, and local services. This paper appraises the RML with respect to the common interest of the relevant local, national, and international communities. The policy sciences provide a contextual basis for practical recommendations that will help participants build on the project’s strengths and correct its weaknesses. The RML initiative provides a model of a development process that has been constructively supported by members of public agencies and conservation organizations. The strategies employed in the RML could be diffused and adapted in other contexts.