Human Rights Violations,Weak States,and Civil War

This study examines the role of human rights violations as a harbinger of civil wars to come, as well as the links between repression, state weakness, and conflict. Human rights violations are both part of the escalating process that may end in civil war and can contribute to an escalation of conflict to civil war, particularly in weak states. The role of government repression and state weakness in leading to civil war is tested empirically. The results show that both closely correlate with civil war onset, especially if they are observed in combination. A two-stage model shows that, while low-level conflict leads to human rights violations, they increase the risk of an escalation to civil war in turn. Human rights violations are identified as an important aspect of understanding civil war onset as the result of an escalation over time and a clear early warning sign of wars to come.     

Engendering Transitional Justice: a Transformative Approach to Building Peace and Attaining Human Rights for Women

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace.     

Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence

¹Despite the proliferation of trauma and memory research inrecent years, we know very little about the contribution oftransitional justice mechanisms to psychological healing andsocietal reconciliation in the aftermath of genocide, armedconflict and politicized violence. Many scholars in this areahave argued that the disclosure of traumatic experiences isbeneficial to the psychological recovery process for survivorsof gross human rights violations. This article critically examinesthis therapeutic assumption within a transitional justice paradigm.The article explores the potentials and limitations of internationalwar crimes trials for victims of wartime sexual violence, focusingspecifically on the International Criminal Tribunal for theformer Yugoslavia (ICTY). The article provides a theoreticalframework for analyzing the significance of testimony at internationalwar crimes trials and raises some critical questions relatedto the psychological impact of trials. It is argued that dueto the sheer diversity and heterogeneity of wartime rape victims,the experience of giving testimony is likely to be mixed: whilesome victims may suffer under the constraints of legal process,under the right circumstances, war crimes trials may help othersto make sense of their suffering.     

Violence against women and economic, social and cultural rights in Africa

International human rights treaties and declarations lay out the interconnection of civil and political rights with economic, social, and cultural rights. However, it was not until 1993 at the 2^nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves women more exposed to violence and less able to escape it, and severely restricts women’s ability to organize and fight for change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic Protocol on the Rights of women in Africa.     

Civilian victimization and international military intervention in civil wars

Civil wars are particularly destructive and asymmetric in nature. As a result, humanitarian crises and episodes of one-sided violence against civilians are likely to emerge. In the post-Cold War era, human rights norms have been strengthened by a global commitment stating that nations have a responsibility to protect people against war crimes. Although the doctrine does not require military responses, as episodes of one-sided violence increase dramatically in the midst of civil conflict, we would expect those cases to experience relatively swift foreign response, including military intervention; a growing trend of at least purportedly humanitarian interventions should be observable. Expectations relating to the responsibility to protect are tested on all civil conflicts occurring between 1989 and 2006. Findings indicate that there is little evidence that one-sided violence leads to military intervention, suggesting that the internationally community does not use its most powerful tool to protect civilians in trouble.     

A feminist challenge to the gendered politics of the public/private divide: on due diligence,domestic violence,and citizenship

This article examines the feminist appropriation of the legal principle of due diligence to politicize acts of violence at the hands of private actors within the private sphere. This move expanded traditional notions of state responsibility for violence against women under international human rights law. Using frame analysis, we focus on the institutionalization of this feminist understanding of due diligence through its discursive incorporation in international human rights policy documents and its mobilization in cases of domestic violence litigated within the UN and the Inter-American and European human rights systems. Through this discursive framing work and its institutionalization, feminists have challenged the gendered politics of the public/private divide to change the terms on which differently positioned women can engage with the state and global governance institutions. We argue that this change can potentially reconfigure women's state-bounded and transnational citizenship. The implications of due diligence as a political and sociological concept require more careful consideration by citizenship and human rights scholars.     

Structural Violence,Socioeconomic Rights,and Transformative Justice

This article provides a critique of the scope of existing models of transitional justice, which focus on legal and quasi-legal remedies for a narrow set of civil and political rights violations. The article highlights the significance of structural violence in producing and reproducing violations of human rights, particularly of socioeconomic rights. There is a need to utilize a different toolkit and a different understanding of human rights from that typically employed in transitional justice in order to remedy structural violations of human rights. Focusing on a case study of land inequalities in postapartheid South Africa, the potential for transformative (rather than transitional) justice in postconflict and postauthoritarian contexts is discussed. The article outlines a definition of transformative justice, relevant actors, and relationships for such an agenda and discusses the kinds of strategies that promise a more transformative approach.     

Is There More Violence in the Middle?

Is there more violence in the middle? Over 100 studies have analyzed whether violent outcomes such as civil war, terrorism, and repression are more common in regimes that are neither full autocracies nor full democracies, yet findings are inconclusive. While this hypothesis is ultimately about functional form, existing work uses models in which a particular functional form is assumed. Existing work also uses arbitrary operationalizations of “the middle.” This article aims to resolve the empirical uncertainty about this relationship by using a research design that overcomes the limitations of existing work. We use a random forest‐like ensemble of multivariate regression and classification trees to predict multiple forms of conflict. Our results indicate the specific conditions under which there is or is not more violence in the middle. We find the most consistent support for the hypothesis with respect to minor civil conflict and no support with respect to repression.     

Human Rights Politics and Injustice: Transitional Justice in Argentina and South Africa

Transitional justice is about the recovery of the rule of lawand justice after mass violence. In the recent history of Argentinaand South Africa, human rights politics have played an importantrole in the transition from repression to democracy as a discourseof resistance to state repression and as a framework and methodologyfor the successor state to manage demands for justice and promotereconciliation. Post-transition, they have provided a standardfor the accountability of state institutions and evaluationof the democratic government's performance. In this article,we explore the roles of victims, survivors and relatives inthe expansion of human rights politics. We argue that victimsrepresent their suffering as embodied injustice and make theirvictim identity the focus of efforts to recover a moral contractbetween state and citizens. The expansion of human rights politicsto include social and economic rights is an expression of thelimits of transitional justice in recovering full citizenshipin the context of the neo-liberal democratic project in Argentinaand South Africa.     

Legislative Veto Players and the Effects of International Human Rights Agreements

Do national legislatures constitute a mechanism by which commitments to international human rights treaties can be made credible? Treaty ratification can activate domestic mechanisms that make repression more costly, and the legislative opposition can enhance these mechanisms. Legislative veto players raise the cost of formalistic repressive strategies by declining to consent to legislation. Executives can still choose to rely on more costly, extralegal strategies, but these could result in severe penalties for the leader and require the leader to expend resources to hide. Especially in treaty member‐states, legislatures can use other powers to also increase the cost of extralegal violations, which can further reduce repression. By using an empirical strategy that attempts to address the selection effects in treaty commitment decisions, I show that positive effects of human rights treaties increase when there are more legislative veto players.     

White supremacist groups and hate crime

Hate group activity may incite criminal behavior or serve as protection from bias-based violence. I find that the presence of one or more active white supremacist chapters is associated with higher hate crime rates. I reject the hypothesis that chapter presence and hate crimes are symptomatic of the overall level of bias-based violence. Moreover, I reject the hypothesis that white supremacist groups form in response to an increase in antiwhite hate crimes, particularly those perpetrated by nonwhites.     

Timing and targeting of state repression in authoritarian elections

Autocrats face a fundamental tension: how to make elections appear credible (maintaining legitimacy) without losing control over outcomes (losing power). In this context, we claim that incumbents choose the timing and targets of state repression strategically. We expect that before elections, regimes will moderate their use of violence against ordinary citizens, while simultaneously directing state-sponsored repression towards opposition elites. Ordinary citizens are likely to experience greater repression after the election. We test these expectations using unique events-based repression data, conducting cross-national analysis of all presidential elections in authoritarian regimes from 1990 to 2008 to understand the timing and targeting of repression around elections under authoritarian regimes. In keeping with our expectations, we find that in the months prior and during the election, opposition leaders experience greater rates of repression than voters. We suspect that incumbents find it more effective to repress electoral challengers, since these pose a direct threat to their victory. Conversely, incumbents resist repressing voters whose support they need at the polls to win and to legitimize the election itself.     

The Use of Repression as a Response to Domestic Dissent

This study contributes to our understanding of government repression in response to internal threats using a quantitative approach. In contrast to previous research, it focuses on the outbreak of state terror and on how different types of domestic dissent influence the risk of such severe state-sponsored violence. The empirical analysis distinguishes between demonstrations, strikes, riots, guerrilla attacks and revolutions, which vary in the level of violence and in the level of organisation that is behind the dissent, and analyses how those forms of threat affect the probability of repression onset. The empirical model controls for a potentially non-linear relationship between level of democracy and repression and investigates how dissent influences state terror in different political regimes. The analysis employs a logit model to test the link between dissent and repression in 149 countries between 1977 and 2002. The findings suggest that only guerrilla warfare increases the probability of repression onset. Democratic political regimes not only decrease the risk of state terror per se, but also dampen the effect of large-scale violent dissent on the risk of repression. The results also show that the longer a country manages to avoid repression, the less likely it is to suffer from repression again.     

Democracy and the Violation of Human Rights: A Statistical Analysis from 1976 to 1996

Most studies posit and identify a linear and negative relationship between democracy and the violation of human rights. Some research challenges this finding, however, suggesting that nonlinear influences exist. Within this article, we examine the structure of the relationship between democracy and repression during the time period from 1976 to 1996. To conduct our analysis, we utilize diverse statistical approaches which are particularly flexible in identifying influences that take a variety of functional forms (specifically LOESS and binary decomposition). Across measures and methodological techniques, we found that below a certain level, democracy has no impact on human rights violations, but above this level democracy influences repression in a negative and roughly linear manner. The implications of this research are discussed within the conclusion .     

The art and politics of imagination: remembering mass violence against women

ABSTRACT

This paper addresses the role of artistic memory in processes of redressing political violence and historical injustices. Combining philosophical reflection, insights from memory studies and examples of artistic practices, it focuses on how memory and imagination coalesce in problematising mass violence against women and resisting its ‘official’ oblivion. The argument is that artistic memory work can foster collective memories of the painful past in ways that overcome both individual and national representations. To this end, this paper aims to explore various contemporary art productions as new models of memorialization, which deal with the representation of violence against women in armed conflicts and under political repression. The academic literature on the role of art in processes of dealing with the past tends to examine literature, film, theatre, painting and other more traditional artistic media of commemorating the victims of mass violence. In contrast, this paper explores the political potentialities of new artistic models of memorialization, namely participatory and collaborative artistic practices. Unlike the traditional media, they can commemorate victims performatively and collaboratively, simultaneously catalysing transnational solidarity and new forms of politics ‘from below.’     

Judicial Responses to Counter-Terrorism Law after September 11

The role of the courts is quite important, especially in the protection of individual rights and liberties. Many counter-terrorism policies implemented at the national level often infringe on these rights, and courts are the best line of defense against these violations of liberty. However, courts do not always rule in favor of liberty, sometimes ruling in favor of a strict government policy. This analysis seeks to explain the conditions that may lead courts to rule in favor of, or against, the government, arguing that political fragmentation is a potentially key factor in determining when particular case outcomes occur.     

On the Other Side of the Curtain: A Reassessment of Non-Elite Human Rights Experiences and Values in Poland

In this paper, I explore the formation of human rights attitudes among what I call the “silent majority” in the post-communist countries of Central Europe and the former Soviet Union. This is the large, diverse group of people never directly confronted with harsh methods of repression under communism. I argue here that the foundations for conceptualizing human rights are based on the degree and saliency of exposure to rights violations and that, for many citizens of Central and Eastern Europe, life behind the “iron curtain” is associated with relatively fewer rights violations than life after the iron curtain’s fall. Comparative personal experiences will play a key role in explaining how these citizens conceptualize human rights. I test this argument by applying it to the cases of Poland, where I conducted a total of 68 randomly selected non-elite interviews in an effort to probe for key factors defining individuals’ conceptions of human rights.

In the Aftermath of Earth,Wind, and Fire: Natural Disasters and Respect for Women’s Rights

Though much research has been devoted to a range of socioeconomic and political consequences of natural disasters, little is known about the possible gendered effects of disasters beyond the well-documented immediate effects on women’s physical well-being. This paper explores the extent to which natural disasters affect women’s economic and political rights in disaster-hit countries. We postulate that natural disasters are likely to contribute to the rise of systematic gendered discrimination by impairing state capacity for rights protection as well as instigating economic and political instability conducive to women’s rights violations. To substantiate the theoretical claims, we combine data on women’s economic and political rights with data on nine different natural disaster events—droughts, earthquakes, epidemics, extreme temperatures, floods, slides, volcanic eruptions, windstorms, and wildfires. Results from the data analysis for the years 1990–2011 suggest that natural disasters have a detrimental effect on the level of respect for both women’s economic and political rights. One major policy implication of our findings is that disasters could be detrimental to women’s status beyond the immediate effects on their personal livelihoods, and thus, policymakers, relief organizations, and donors should develop strategies to prevent gendered discrimination in the economy and political sphere in the affected countries.     

An economic theory of governability: Choosing policy and optimizing performance

When collective violence occurs, a management and decision-making crisis exists for governmental authorities. We examine this situation with an economic model of governability within states. Political decision-makers wish to minimize two goals that enter as components of the government's performance function: political violence and revolutionary change of regime. We further assume that authorities have only a scarce supply of two policy instruments available with which to respond to violence: the accommodation and repression of the demands of their oppositions. Moreover, these elites confront a number of structural determinants of violence and revolution. After laying out these basic components of the model, we propose several theorems about the causes of political performance and about the regime's decision-calculus. These are then proven through a comparative static analysis of the model and by optimizing the performance function. The deductions indicate that the regime's policy instruments produce contradictory effects on the targetted levels of violence and revolution. In general, both accommodation and repression of opponents will, up to some point, reduce violence (an intended consequence) but increase revolution (an unintended consequence). Thus, upon close examination the goals of political decision-makers, to simultaneously minimize both violence and revolution, turn out to be inconsistent. Authorities therefore select an optimal level of performance by balancing the costs and benefits that come from accommodating and repressing their opponents.