The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT

The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.     

The Puzzle of India’s Relations with “Central Eurasia”

ABSTRACT

India’s relations with Afghanistan and the post-Soviet countries of Central Asia have contributed to the growing interest in the country’s rise. By treating them together as “Central Eurasia,” the discourses of Indian foreign policy invoke a contiguous geopolitical locale bound to India by a shared past. Yet, despite the strategic articulation of a manifest Central Eurasian region, the article uncovers a puzzle of bifurcation in India’s foreign policy reflecting distinct operationalizations of India’s cultural capital in its relations with Afghanistan and the Central Asia republics. The comparative analysis indicates that prior historical experience becomes a compelling strategic context for the continuous framing and reframing of the country’s foreign policy space, which reveals India’s shifting perceptions of international order, self-identity, and global roles. India’s interactions in Central Eurasia offer a good illustration of the crossroads that New Delhi’s foreign policy is facing – either keep on proliferating discourses that spin yarns of the international influence of its historical capital or develop proactive diplomatic strategies that deliver the international status that India desires.     

Pyrrhic Victory in the “Tournament of Shadows”: Central Asia's Quest for Water Security (1991–2009)

Abstract

Central Asia's Soviet past continues to haunt the five successor sovereign states with water, a contentious issue. Although fundamental to survival and livelihood, regional cooperation over the precious resource remains a patchwork of short-term stop-loss agreements at best and an exercise in “frameworks without content” at worst. This article seeks to explain why this is so, based on a theoretical position derived from hydro-political discourse. The eclectic explanations include the hydro-hegemonic void created by the removal of Soviet authoritarianism; the securitization of the hydro-political complex in Central Asia; unilateral and bilateral substitutes for multilateral water resource cooperation; and the ineffectiveness of international law – all of which contribute to the impasse over water cooperation.     

Firm supporter and severe critic – Germany’s two-pronged approach to EU enlargement in the Western Balkans

Abstract

Germany has demonstrated an active commitment towards the accession perspective of the Western Balkans, which found its most vocal expression in the initiation of a Western Balkans summit in August 2014 and the ensuing “Berlin process”. However, German support reflexively goes hand in hand with a reference to rigid accession conditionality. This not only fosters stabilization and transformation in the Western Balkan states, but also – at the domestic level – counters widespread enlargement scepticism among decision makers and the German public. The far-reaching participation rights of the Federal Parliament, acquired by the 2009 amendments to the Act on EU Cooperation, involves the Bundestag inter alia in the opening of accession negotiations, thus also increasing domestic constraints for Germany’s position in the Council. Federal elections due in late 2017 and a political environment shaped by a discussion about migration, including from and through the Western Balkans, make enlargement policy a particularly hard-to-sell issue.     

African tourist art as tradition and product of the postcolonial exotic

ABSTRACT

Figurative art made in Central and West Africa for the global market is a form of tourist art – a category that has been plagued in art historical research by misconstrued concepts such as the authenticity of traditional/precolonial art. Following its categorisation as a commodity, studies focused on the decontextualisation of the object, thus marginalising the producing culture. In this article I investigate the role of the artist in preserving tradition and the role of the trader who, as cultural broker, exoticises the object. Since it can be argued that these are acts of decolonising, African tourist art can be regarded as a product of the postcolonial exotic, as defned by Graham Huggan (2001). Accepting the inescapability of postcoloniality, tourist art can be repositioned as a successful attempt to preserve and promote African cultural traditions and identity in the new era.     

Does ASEAN Matter? International Relations Theories,Institutional Realism,and ASEAN

Abstract

The 1997 economic crisis and the ensuing political and social disorders not only have put regional security at stake, but also have seriously challenged the relevance of the Association of Southeast Asian Nations (ASEAN) in regional affairs. This article introduces a new institutional theory – institutional realism – to address the widely debated questions: Does ASEAN matter? If so, how? It argues that (1) ASEAN still matters in terms of coping with extra-regional threats through an institutional balancing strategy; (2) ASEAN's future depends on its institutional consolidation in dealing with intra-regional security problems.     

Beyond the literary veil – Women writing Africa: The northern region (2009)

Abstract

Whenever African literature is discussed there is an articulated incorrect assumption that this relates to all the regions of Africa, except North Africa. A related further assumption is that only men in North Africa write. Female writers from the North barely receive critical attention, although they have been writing creative works. The aim of this article is to dispel the notion of literary drought when describing North Africa. Using the text, Women writing Africa: The northern region, the article demonstrates the different sensibilities that female authors in North Africa have created and manifest, when writing against patriarchy as well as against ideological philistinism within their communities. It is argued that female authors from North Africa – African-Arab women – are versatile in their imaginations as they engage with social reality from the perspective of creative art as well as political discourse. The article concludes that this assertion removes the literary veil so that North African female authors can begin to be appreciated artistically, more than has been the situation up to now.     

‘(Young) Men With Big Guns’: Reflexive Encounters with Violence and Youth in El Salvador

The phenomenon of youth gangs has emerged as one of the most visible and feared expressions of violence in El Salvador in recent years. This article explores the process of researching violence associated with gangs from a feminist perspective, focusing on the challenges presented by conducting research in a context where popular perceptions of violence often reflect wider hegemonic social discourses concerning gender and youth, and where there exists a gap between actual violence and its representation. The article addresses the tensions that can emerge between the research process and popular conceptualisations of violence through an exploration of issues of researcher identity, subjectivity and constructions of ‘other’. It documents a research process that came to be shaped – theoretically and practically – by both individual and collective representations of violence, and shows how youth violence and youth gangs, in particular, concretely come to provide a central epistemological axis for societal fears and insecurities.     

‘Don’t become a lost specimen!’: polygyny and motivational interconnectivity in Kyrgyzstan

ABSTRACT

Why would a woman agree to wed a legally married man when the state would neither recognize her marriage nor grant her alimony, child support or inheritance rights? Although the Communist Party curtailed the rate of openly acknowledged polygynous marriages among the Kyrgyz, its work was undone by glasnost and perestroika, which ushered in a permissive environment. This article highlights constructions of gender as a driver of polygyny in Kyrgyzstan from the perspective of women who voluntarily become second wives. The Kyrgyz case suggests that the cultural value of marriage and motherhood – traditions that grant women communal identities, power and prestige – might lead a woman to consent to second-wife status. I employ the concept of motivational interconnectivity, defined as two or more related reasons women make important personal decisions that have societal repercussions, to explain a woman’s decision to become a second wife.     

Markets at sacred sites: the globalized mobility and informality of the Armenian religious fairs

ABSTRACT

Along with other globalizing forces such as migration and proselytism, religious markets have played a key role in the transformation of religious practices in Armenia. This article focuses on the intersection of mobility and markets through mobile fairs, which are temporarily organized at shrines on pilgrimage days. Market vendors tend to travel from shrine to shrine across Armenia throughout the year, each following his or her own trajectory. In this article I examine how such markets are organized, how and by whom they are run and controlled, how small-scale mono-confessional markets become part of transnational globalization processes, and how the marketplace is embedded in the pilgrimage ritual, changing and modernizing its traditional meanings and structure.     

The Possibility of Liminal Colonial Subjecthood: Yayutz Bleyh and the Search for Subaltern Histories in the Japanese Empire

ABSTRACT

This article examines whether writing histories of colonial subjects is possible. Traditional colonial histories subsume the colonial subject's individual history under a larger narrative of subjugation, which often does not allow room for people to exist outside the dichotomized role of collaborator/resister. This approach has left a gap in the scholarship for histories of colonial subjects whose lives do not easily fit either category. This article addresses this gap by detailing the life of Yayutz Bleyh, an Atayal woman who became one of the most important participants in the Japanese colonial administration of Aboriginal Affairs in Taiwan. For over six years, the author gathered fragmented pieces of information regarding Yayutz from a multitude of sources – visuals, as well as oral and written materials from inside and outside the colonial archive – in order to sketch the contours of an extraordinary woman and her life. Through the process of filtering these disparate sources, it was the silences regarding certain issues and the discrepancies that emerged among sources that proved to be the most revealing about Yayutz as someone who straddled both the world of the colonizer and the colonized.     

The bazaar in ruins: rent and fire in Barakholka,Almaty

ABSTRACT

Since 2013, there have been multiple fires in bazaars in Almaty, Kazakhstan. Most of these fires have occurred in Barakholka, the largest bazaar in Central Asia, known for wholesaling in apparel, shoes and low-quality household and office supplies. Ownership of Barakholka is opaque. Using recurrent Barakholka fires as my point of departure, this article contributes to scholarship by describing how the clearing of old bazaars is followed by new property developments and the imposition of new rent regimes. In doing so, I argue that fire – a form of ruination that not only destroys property but also severs networks and people's relationship to a place – is illustrative of how the bazaar, as a new institution within an emerging post-Soviet market economy, was moulded by private interests, and repeated, often ruinous assertions of control over property. I also argue that this process was embedded in a larger political economy that sought to ‘civilize’ the earlier marketplaces. This article is based on ethnographic interviews and repeated visits to the Barakhola between 2016 and 2018, and media accounts of the fires.     

Between Border and Bazaar: Central Asia’s Informal Economy

ABSTRACT

The disintegration of the Soviet Union spurred a transnational trade in consumer goods. Bazaars, which proliferated across the former Soviet Union, including in Kazakhstan and Kyrgyzstan that is the focus of this article, became nodes in this informal trade. This article makes three arguments: (i) Soviet successor states capitalised on the new informal economy which provided employment to millions when economies were in decline. Conversely, ongoing developments, particularly in Kazakhstan, seek to modernise the bazaars that emerged after the Soviet Union. (ii) The movement of people and goods – between border and bazaar, and in case of re-exports, on to another border – are illustrative of a multi-dimensional informal economy evidenced in rent extraction, regulation of bazaars, and in trader networks. (iii) The bazaar-centred economy relies on checkpoint politics that establish border regimes, enabling mobility.     

Regionalism and Colonialism in Contemporary Oceania

Abstract

Regionalism in Oceania emerged in a context shaped both by the decolonisation movement as well as the Cold War, the dynamics of which are still being played out today. This article considers two cases of particular interest in current regional politics which illustrate a number of important contradictions in conventional approaches to the analysis of colonialism. The first involves the two larger French territories in the region – New Caledonia and French Polynesia – which have recently been admitted to full membership of the Pacific Islands Forum despite falling short of the technical requirements for such membership, namely independent status. The second concerns Indonesia’s claim to sovereignty over West Papua. Although this claim has been recognised in international law since 1969, its basis is highly suspect and Indonesia’s record from the start is arguably tantamount to a repressive form of colonialism enabled by the United Nations itself. Placed in comparative perspective, these cases invite us to reconsider just what colonialism on the one hand and self-determination on the other really mean in the contemporary period.     

Collecting on their investments,one woman at a time: Economic partnerships among Caribbean immigrant women in the United States

ABSTRACT

This article treats rotating savings and credit associations (ROSCAs) from a constructive cultural perspective. The female-based African-Jamaican tradition of paadna (partnership) is examined within the theoretical scope of womanist (Black feminist) thought, a seminal discourse intersecting both the African diaspora and women's studies. Across the multiple scholarly approaches within women's and African diaspora studies, academic theory acquires cogency through legitimate correspondences with tangible liberating practices and traditions that can be documented and interrogated for conceptual insights. The practice of economic partnering is one such tradition that substantiates the ethical directives and imperatives of womanist theory and practice. A womanist reading of paadnas is proposed, not because the participants have any self-conscious commitment to feminism/womanism, but because of the institution's efficacy in enhancing the socioeconomic standing of Black families through a relatively small-scale capital enterprise. Through paadna networks, Jamaican women have transplanted a flexible self-help tradition to America that is arguably one of the most reliable sources of social and economic mobility among groups of African descent in the United States.     

Kazakhstani public opinion of the United States and Russia: testing variables of (un)favourability

ABSTRACT

Though Central Asia is often studied through the prism of its relationships with external powers, research on local public perceptions of these different actors has largely been overlooked. The literature on Kazakhstanis’ perceptions of their neighbours, for instance, is scarce, and mostly focused on analysis of official discourse on Kazakhstan’s multi-vector policy, with little exploration of how this is received, appropriated or refuted by the population. On the basis of Gallup data spanning the last decade, and several other surveys, we test most of the main hypotheses usually advanced to explain attitudes to the US and Russia – age, ethnicity and access to information – and draw five main conclusions: (1) Kazakhstanis are not defined by an exclusive pro-US/pro-Russian dichotomy; (2) they nevertheless largely choose Russia over the US if forced to pick; (3) age does not have a significant effect on foreign policy attitudes; (4) ethnicity does affect some of the attitudes under consideration, but its effects are not large enough to produce markedly different opinions among ethnic Kazakhs and ethnic Russians in aggregate; and (5) consumption of media from Russia and access to non-governmental and Western sources of information do not seem to have significant effects on the attitudes under consideration.     

Bennu: Africa innovating itself out of underdevelopment

ABSTRACT

This article is a direct challenge to the established view reflected in the World Bank's Berg report, that structural adjustment programmes and the markets alone will resolve Africa's underdevelopment challenges. This article completely accepts that science and technology lead to products and services that create efficiency, productivity and wealth. It accepts different dynasties of industrialisation from land use (agriculture and mining), labour-intensive activities, heavy machinery, assembly lines, branding, information technology and intellectual property, but shows how – in the current global paradigm – this has led to an anomaly: while development aid flows from more industrialised to less industrialised countries, larger sums of global investment capital leave poorer countries for richer countries in search of higher returns. Having accepted the ‘returns-seeking’ nature of capital, a strategy is proposed for Africa to engage with this reality. In contrast with the Berg view, it is argued that the public sector is a key stakeholder in the developmental process. As has been put forward by Thabo Mbeki, several African countries exhibit ‘two nations’ characteristics. If this is true, all seven dynasties of industrialisation can be simultaneously developed through interventionist government, which could not happen though markets alone. A direct policy and strategy positioning in technology-related sectors that support increasing returns should be developed. Economic development bodies should have scientific and technological people to ensure technological focus in development strategies.The article demonstrates that a different value paradigm is needed. Large numbers of poor people can provide markets for goods that can yield returns for capital that are similar to markets of small numbers of rich people. A shift in the development model from Public Private Partnerships (PPP) to Public Entrepreneur Private Partnerships (PEPP) is suggested to maximise employment through sustainable entrepreneurship. Through spearheaded emerging technologies such as information convergence technologies, cellular technologies such as mobile banking, resource management and alternate energy, Africans can create output that attracts global investment capital – and not only aid. This article explores how, through investment in activities that generate increasing rather than decreasing returns, Africa will innovate its way out of what appears to be a stubborn history of underdevelopment.     

Governing the Safety and Security of the Malacca Strait: The Nippon Foundation between States and Industry

ABSTRACT

Despite long-standing sovereignty sensitivities, the Malacca and Singapore Straits have been the site of co-operative governance and regime building. Of note is the 2007 Co-operative Mechanism of the Straits of Malacca and Singapore, characterised as a milestone achievement in regional co-operation towards improved safety and security in the Straits. Yet, well before the Co-operative Mechanism were also earlier instances of co-operation dating to the 1970s – specifically between the Straits’ littoral states under a tripartite framework and Japanese actors through the Malacca Strait Council. In addition to providing a template for the Co-operative Mechanism, these arrangements offer alternative models of governance and regime building that challenge conventional characterisations of “regional governance” – what it looks like, as well as its driving actors. This article considers the significance of these early efforts, with attention to the ways that the region’s developmental context bears on the actors, structures and processes of governance in Southeast Asia. Not only does this historical process of co-operation give expression to alternative governing arrangements composed of mixed actors and obligations, but an unconventional governance agent – the Nippon Foundation – has played an especially defining role in bringing actors to the table and substantiating the co-operative process.     

The centrality of Central Asia

Abstract

This paper poses some questions about how Central Asia fits into world history. The questions arise from my attempt to study world history as a world system. From this perspective, as one nonspecialist addressing other nonspecialists, Central Asia appears as a sort of black hole in the middle of the world. Little is known or said about it by those who focus on the geographically outlying civilizations of China, India, Persia, Islam, and Europe—including Russia. Even world historians see only some migrants or invaders who periodically emerge from Central Asia to impinge on these civilizations and the world history they make. Historians of art and religion view Central Asia as a sort of dark space through which cultural achievements moved from one civilization to another. At best, they see Central Asia itself as a dark tabula rasa on which itinerant monks, mullahs, and artists from these allegedly civilized areas left their marks. Now their remains can be admired in a thousand Buddha caves and mosques spread through Central Asia. Or they have been deposited in museums spread through the cultural capitals of the West and Japan after their “discoverers” unearthed them, crated them up, and carted them away.     

Petitioning,addressing and the historical imagination: the case of Great Yarmouth,England 1658–1784

ABSTRACT

This article examines the role of loyal addresses, petition-like texts that emerged during the Cromwellian Protectorate in England, as repositories of public memory. It contends that loyal addresses were a particularly mnemonic form of political communication: not only did addresses themselves incorporate historical narratives but their reproduction in contemporary newsbooks facilitated their later collection in compendia and histories of addressing. These volumes in turn gave an overall ‘sense’ or character to public opinion nationally and allowed its shifts to be charted over time. The article uses the case study of an address to Richard Cromwell issued in 1658 from the corporation of Great Yarmouth to demonstrate how this text was redeployed to wage a political campaign against leading magistrates in the town in the 1670s. The address gained renewed political significance in the late eighteenth century, as the interplay of local political and historical interests made its depiction of the influence of religious factions in the borough once again relevant. This local memory in turn fed upon a wider national use of the Cromwellian addresses as an example of political faithlessness and duplicity. Combined, these local and national discussions demonstrated the importance of addresses in defining public opinion and political identity over time.