Defining the limits of the North Korean Human Rights Act: A security and legal perspective

The introduction of the North Korean Human Rights Act of 2004 (HR 4011 or the Act) was hailed by many in the U.S. Congress as a significant and much-needed legislative effort that would substantially improve the human rights conditions of North Korea, considered to be one of the most unpredictable and undemocratic regimes in the world today. The passage of HR 4011 effectively marked a new and notable phase within U.S. foreign policy, in which the issue of human rights was directly linked to the issue of North Korean nuclear non-proliferation in a Helsinki-style framework. Relating to the Act, this paper argues from cross-cultural, security, and legal perspectives that HR 4011 may encounter specific limitations, which may hinder the Act from reaching its stated objectives of furthering “respect for and protection of fundamental human rights in North Korea” and “to promote a more durable humanitarian solution to the plight of North Korean refugees.” Although improving human rights is a fundamentally important issue, linking human rights with DPRK nuclear non-proliferation through HR 4011’s explicit Helsinki-style approach may exacerbate rather than eradicate North Korean human rights violations as well as the DPRK’s ongoing nuclear standoff with the international community.     

A Unique Denial: Israel's Foreign Policy and the Armenian Genocide

This article focuses on the Israeli politicization of the Armenian genocide from the perspective of foreign policy. Since the early 1980s Israel's official position has been to not recognize the Armenian genocide. The issue of recognition came to the surface in 1982 after Turkey put pressure on Israel to cancel a Holocaust and genocide conference. This article shows that Israel agreed to pressure the conference organizers to cancel the conference in order to secure protection for Jews fleeing Iran and Syria through the Turkish border. This article also explores the role of informal ambassadors in shaping Israel's position on this issue. Using recently declassified archival documents and oral interviews with key Israeli stakeholders, this is the first investigation into the role of informal ambassadors, specifically the Jewish minority in Turkey, and the American Jewish pro-Israeli lobby. The article also addresses a secondary incentive for Israel's refusal to recognize the genocide: ethnic competition between Jews and Armenians as victims of genocide.     

Total War and Genocide: Reflections on the Second World War

This paper draws on the findings of a series of international conferences on the question of “total war” in the late nineteenth and twentieth centuries to investigate possible connections between “total war” and the problem of genocide. Both “total war” and genocide appear to have reached a terrible culmination in the years 1937‐1945, raising the question of the connection between the two phenomena. This paper considers the usefulness of concepts such as “total war” and “genocide” as social‐scientific ideal types, before going on to reflect on the state of research on the linkage between Nazi Germany's drive for “total war” and its implementation of policies of genocide.     

Defining Interests: Disambiguation and the Need for New Distinctions?

This article notes the systemic lack of conceptual clarity in the social sciences and attempts to illustrate the adverse consequences by closer examination of the particular example of the interest group field. It indicates the significant ambiguities implicit in the term. Not all policy-influencing organisations are interest groups as normally understood, but because there is a lack of an appropriate label the term interest group is used by default. The article seeks to distinguish between interest groups and other policy relevant bodies—often corporations or institutions. It finds disadvantages in adopting a functional interpretation of the interest group term (i.e. any organisation trying to influence public policy). While the wider range of organisations are crucial in understanding the making of public policy, it is confusing to assume that this wider population are all interest groups. The article instead advances the complementary notions of pressure participant, policy participant and interest group. This slightly expanded repertoire of terms avoids conflating important distinctions, and, in Sartori's term permits 'disambiguation'. The core assumption is that the search for comparative data and exploration of normative questions implies some harmonisation in the interest group currency.     

Genocide yet again: Scenes of Rwanda and Ethical Witness in the Human Rights Memoir

This article investigates three recent human rights memoirs that chronicle the Rwandan genocide of 1994: Emergency Sex (and other desperate measures): True Stories from a War Zone, Shake Hands with the Devil: the failure of humanity in Rwanda, and The Zanzibar Chest: a memoir of love and war. I use these memoirs to explore the complexities of bearing witness to ethnic violence and war as an autobiographical subject shaped by the memory of historical atrocity — as a besieged self in traumatic occupations of the UN protector (Roméo Dallaire), lawyer (Kenneth Cain), and war correspondent (Aidan Hartley). Finally, I suggest that the authors of these memoirs are secondary witnesses, claimants to ethical truths and writers of atrocity testimony that complicate the burgeoning life‐telling compulsion of what is and who can claim to be a genocide victim. “Your mind with time, in fact, doesn't erase things that are traumas. It makes them clearer. They become digitally clearer and then you are able to sit back and all of a sudden have every individual scene come to you instead of the massive blur of many scenes I saw every day. The accumulation of the spirits that would come to you at night in the form of eyes, thousands of eyes, some mad, some simply there, and others bewildered, innocent children and adults, all that accumulated to the fact that I simply totally broke down”. (Roméo Dallaire) “What's true is that we didn't understand at the time the full magnitude of what was happening. I was an ant walking over the rough hide of an elephant. I had no idea of the scale of what I was witnessing. And when I did become aware I discovered Rwanda was way beyond my limited talents as a correspondent”. (Aidan Hartley, The Zanzibar Chest) “I don't know who saved the honor of mankind during my time in the field, but I do know that an ancestral memory of tyranny commands me not to keep silent. There is no ambiguity here. I am a witness. I have a voice. I have to write it down”. (Kenneth Cain, Emergency Sex)     

Unspeakable Pasts as Limit Events: The Holocaust, Genocide, and the Stolen Generations

This article examines the role of testimony in the production of the memory of the Holocaust and the practice of forcible removals in Australia as "limit events". A "limit event" is an event or practice of such magnitude and profound violence that its effects rupture the otherwise normative foundations of legitimacy and so-called civilising tendencies that underlie the constitution of political and moral community. The references are the stories of removal collated in Bringing Them Home , and eyewitness testimonies from the trial of Adolf Eichmann in Jerusalem in 1961. By situating the stolen generations and the Eichmann trial as limit events, I argue that the effects of witnessing and story-telling exposed a cultural semantics of what was speakable and unspeakable in the narratives of judging historical injustice and remembering past traumas.     

Good governance as a precondition for subsidiarity: human rights litigation in Nigeria and ECOWAS

ABSTRACT

Similar to the European Union, the Economic Community of West African States (ECOWAS) evolved gradually from little more than a customs union to a supranational organisation with sophisticated governance arrangements. As a consequence, subsidiarity has become an inevitable adjustment mechanism to align individual member state policies with objectives of the Community as a whole. In particular, since the inclusion of a protocol on good governance and democracy in 2001 an increasing number of policy areas require a delineation of competencies between state and Community organs. Moreover, the ECOWAS Community Court of Justice confines itself to the vertical application of human rights law and does not accept human rights claims against private persons since the extension of its mandate in 2005. Many cases involving the Federal Republic of Nigeria illustrate well a double procedural effect of the principle of subsidiarity in the human rights litigation within the ECOWAS legal order.     

Defining Folklore: Mestizo and Indigenous Identities on the Move

This article analyses how the performance of folkloric music and dance defines and redefines ethnic/racial distinctions and identities in the Andes. It focuses on the promotional activities of urban-based institutions in Cusco called instituciones culturales, particularly how these activities have shaped folkloric performance. The article calls attention to the continuing importance of race as a central category of social differentiation, showing how folkloric performances embody ethnic/racial identities.     

Turkey and Iran: limits of a stable relationship

Throughout the twentieth century, Turkey and Iran have enjoyed peaceful, if not always cordial relations. The Cold War strategic orientations of these two neighbours solidified that relationship. The Iranian Revolution posed the first major challenge to the stability of the Turco‐Iranian relations. However, throughout the 1980s Turkish and Iranian officials adroitly managed their differences, though they did not succeed in resolving them. During the 1990s, the pressures and polarities impinging upon Turco‐Iranian relations have both multiplied and intensified. Ranging from the exertion of US influence on Turkey, to the changing political dynamics in Turkey and Iran, Turco‐Iranian relations today rest on unsteady ground. Although the exact course which Turco‐Iranian relations will take remains unclear, there is reason to be concerned about its current state. For, to a significant degree, the stability and prosperity of the Middle East region depends to a significant degree on maintaining the stability of Turco‐Iranian relations.