Coordinating Transitional Justice

Conflict resolution professionals sometimes differ from human rights professionals about the best approaches to transitional justice, particularly with regard to the scope, conditions, and timing of possible amnesties from prosecution for perpetrators of war crimes and human rights abuses. When human rights and conflict resolution professionals work at cross‐purposes, they may work less effectively to end conflict, abuses, and crimes, and to implement peace accords. A consensus among conflict resolution and human rights scholars about which legal norms should govern post‐conflict amnesty programs appears to be developing. Against this emerging legal framework, human rights and conflict resolution professionals should, I argue, develop processes for working together more effectively in the design and implementation of context‐sensitive approaches to transitional justice. These process principles should address the entire conflict period, from escalation through resolution to post‐conflict reconstruction. In this article, I describe a tentative, general framework for coordinating the development of transitional justice programs. This proposed framework is intended to stimulate and guide discussion of these issues among conflict resolution and human rights professionals and scholars.     

Fused in combat: Gender relations and armed conflict

Do gender relations change through conflict? How might conflict itself be fuelled by aspects of gender identity? A recently completed research project that combined oral testimony with more conventional research methods concluded that conflict has undoubtedly given women greater responsibilities, and with them the possibility of exerting greater leverage in decision making and increasing their political participation. The research sheds light on the role of ordinary citizens as 'actors' responding to crisis, and describes how gender identities are woven into a complex web of cause and effect in which war can be seen as a 'conflict of patriarchies'.     

Disregard for Security: The Human Rights Movement and 9/11

ABSTRACT

International human rights NGOs have warned that human rights have been threatened since September 11. However, the matter is complicated since what is involved is in reality a relationship between two concepts: human rights and security against terrorism. This article demonstrates that there is a tendency for international human rights NGOs to brush aside questions on security against terrorism. NGOs have stipulated that human rights values should be superior, or they have maintained, but failed to show, that there is no goal conflict between security and human rights—even that human rights fulfil a considerable instrumental function with respect to freedom from terrorism.     

“These People Have an Irrevocable Right to Self-Government”: United States Policy and the Palestinian Question, 1977–1979

Upon entering office, Carter Administration officials placed a heavy emphasis on integrating human rights into United States foreign policy. They also sought to contain festering Arab–Israeli tensions in the Middle East. The intersection of these two issues was the Israeli–Palestinian conflict. This article examines the Administration's attempts to solve that conflict and to bring peace to the region. It argues that policymakers developed a sincere dedication to safeguarding Palestinian rights, but that their understanding of those rights was limited in scope and defined through the lens of United States security and strategic interests. In spite of a good-faith effort to satisfy Palestinian desires while maintaining a constructive relationship with Israel, the Administration ultimately failed to alter the status quo because of regional developments. As Washington's strategic thinking changed, so did the urgency of Palestinian rights.     

Negotiating the politics of gender and rights: Some reflections on the status of women's human rights at ‘Beijing Plus Ten’

This article undertakes a review of the development of the women's human rights project, focusing particularly on violence against women and issues of sexuality and reproductive rights. It notes gains by activists in promoting the women's human rights agenda and highlights the continuing impediments to the project from increasingly influential groups and some United Nations member states opposed to women's human rights. A more general problem is a lack of political will from those member states ostensibly committed to the cause who have often failed to translate this ‘commitment’ into effective action. It concludes that, as we approach the tenth anniversary of the ‘Conference of Commitments’, the implementation of initiatives has often been slow and somewhat ineffective. Governments have mastered the rhetoric of respect for women's human rights, yet the full realisation of women's human rights across the world remains elusive.     

When Killers Become Victims: Diversionary War,Human Rights,and Strategic Target Selection

The diversionary theory largely focuses on the incentives leaders have to use force. However, little attention has been given to the characteristics that make for a good target. We argue that US presidents choose targets that repress human rights since they are the easiest to sell to international and domestic audiences. By targeting repressive states US presidents can justify their use of force by cloaking their motivation in the language of human rights, responding to calls for intervention, pointing to the failure of international actors and institutions to resolve these problems, and building upon emerging norms that allow for intervention in repressive states. Updating US Use of Force data, we empirically test and find support for our hypothesis that presidents target human rights abusers when they face trouble at home. This paper contributes to target selection process by offering a complete theory of diversionary conflict accounting for cost/benefit calculation of presidents. Moreover, we believe that our findings reveal human rights practices’ role in international conflict, as well.     

Protecting Human Rights in Times of Conflict: An Indian Perspective

ABSTRACT

Human rights embody universal values that cannot be compromised but there are regional specificities and times of conflict when adherence to absolute values may not be possible. This is not to suggest that human rights in conflict zones can be trampled upon. What is argued here it that circumstances need being given due weight if an impartial view is to be adopted. This hypothesis is argued by reviewing the human rights situation in Kashmir, noticing the parties in contention, and the legal and judicial routes available for redress, before suggesting several remedies to improve the protection of human rights in this zone of conflict.     

The Tamil people's right to self-determination

This article provides an overview of the crisis in Sri Lanka and states why an armed conflict has developed in the northern and eastern parts (north-east) of the country. The Tamils' accusations—of discrimination, denial of the right to self-determination, abrogated agreements and violations of international human rights and humanitarian law amounting to genocide by successive Sri Lankan governments—are supported by specific evidence given by international human rights and legal experts, international human rights non-governmental organizations and other relevant entities. The democratic parliamentary efforts and the non-violent resistance struggle of the Tamil people prior to the outbreak of war are traced over several decades. The article includes an outline of social and law and order achievements in the north-east under the de facto administration of the Liberation Tigers of Tamil Eelam (LTTE) and concludes with some current international dimensions of the situation.     

Perceived human rights and support for new democracies: lessons from Mexico

Political elites in emerging democracies are likely to promise improvements on human rights. From an empirical perspective, however, emerging democracies tend to perform rather poorly in this domain. Given this tension between elite rhetoric and performance, it is important to examine the extent to which citizens in emerging democracies evaluate democracy and new democratic leaders' performance on the bases of their perceptions of respect for human rights. This topic remains largely unexplored and conventional wisdom suggests that economic satisfaction, not human rights concerns, drives individuals' support for democracy. We aim to fill this gap in the literature by investigating the extent to which specific and diffuse political support is related to individuals' perceptions of respect for human rights in the context of an emerging democracy. Taking advantage of two representative survey data sets from Mexico from 2003 and 2010, our empirical findings suggest that citizens are more likely to support their president, their government and democratization when they believe that human rights are respected. By examining the relationship between democracy and human rights protections at the individual level, our research is a pioneering effort to better explain the interaction between the prospects of democratic consolidation and perceptions of human rights.     

When Honor Trumps Basic Needs: The Role of Honor in Deadly Disputes within Israel's Arab Community

This article draws on the existing literature, interviews, and case study analysis to highlight the primacy of honor needs above health and safety needs in the context of honor killings and blood feuds among Israel's Arab community, including Muslims, Christians, and Druze. Assuming that individuals in conflict situations will generally act to satisfy more basic needs before they act to satisfy less basic needs, this article examines conflict contexts in which disputants perceive their honor to be a higher priority than their health and safety, and consequently, they tend to act accordingly to satisfy their perceived honor needs first, often ignoring obvious health and safety‐related needs. Such insights could have important implications for scholars and dispute resolution practitioners studying and working within these conflict contexts.     

Chinese National Oil Companies and Human Rights

China's efforts to secure foreign oil and natural gas to meet its growing energy demand are contributing to massive human rights violations in Sudan and Burma. These human rights conflicts, significantly influenced by abundant oil and gas reserves, have strained U.S.-China relations and complicated international efforts to create a more effective architecture to address both rights crises and conflict management over energy resources. The United States and its allies should not only engage Beijing but also bring Chinese national oil companies into the international energy market as stakeholders. Failure to address these matters could encourage other parties seeking scarce energy supplies to take similar compromises on human rights as they court questionable oil regimes, a development that would be detrimental to international peace and security.     

For better? For worse? Humanitarian aid in conflict1

Humanitarian aid should be judged against international humanitarian law (IHL), which gives civilians certain basic rights, including protection in armed conflicts. Aid agencies should consider the various side-effects of their interventions, in order to assess the net impact and decide whether to work in any given situation. They have no responsibility to provide aid where the net impact is negative, or to those who violate international law. If governments fail in their responsibilities to protect civilians, this does not give aid agencies the responsibility of filling the vacuum; but it does mean that they should campaign for governments to act. Current Northern debate on support for the citizens of countries in conflict is usually expressed in terms of charity, rather than a response to what people are doing for themselves. Aid agencies should help to change this.     

Bogus Refugees? The Determinants of Asylum Migration to Western Europe

This article analyzes the determinants of asylum migration to Western Europe. Potential asylum seekers balance the costs of staying versus the costs of migrating. Estimation results confirm that economic hardship and economic discrimination against ethnic minorities lead to higher flows of asylum seekers. However, political oppression, human rights abuse, violent conflict, and state failure are also important determinants. Migration networks and geographical proximity are important facilitators of asylum flows as predicted by theory and colonial experience, religious similarity, and casual contact with the developed world (aid, trade, and tourism) are not. Natural disasters and famines are also not statistically significant determinants. These events are typically short term and unexpected, whereas asylum migration to Western Europe requires preparatory planning. If Western European countries want to tackle the root causes of asylum migration, then they need to undertake policy measures that promote economic development, democracy, respect for human rights, and peaceful conflict resolution in countries of origin.     

The politics of human rights in democratic Brazil: ‘A lei não pega’

In spite of the important democratic advances registered since Brazil returned to democracy in 1985, widespread human rights violations associated with the right to life continue to be reported. This article examines the nature of human rights violations and the government's attitude to them. Since 1985 there has been a fundamental shift in the relationship between the perpetrators of violations and the state authorities, in the identity of the victims, the motives behind the crimes and the political context in which they take place. During the same period the governments’ response to human rights violations has evolved from a reactive to a pro‐active strategy, culminating in the launching of the country's first National Plan for the Protection of Human Rights, in May 1996. The article concludes that despite some positive developments, the underlying causes, pattern and intensity of human rights violations continue essentially unabated.     

Collective Security and Human Rights: How the United Nations' Institutional Design Corrupted Complementary Purposes

That human rights should be viewed as a complementary aim to the international pursuit of collective security was an intention of the drafters of the Charter and the subsequent Universal Declaration and they were correct to stress that functional relationship which exists between the domestic observation of human rights and the achievement of lasting peace and security internationally. Yet, in spite of the United Nations' assertion of the complementary nature of the purposes of collective security and human rights, this essay argues that if we survey the inception of the United Nations Organisation then it will become clear that the organisation was from the onset institutionally impaired in regard to effective human rights proliferation and enforcement. Indeed, the organisation's particular approach to collective security was designed intentionally so as to render any hopes for the effective observation and enforcement of human rights nugatory.     

Counter-terrorism and alien justice: the case of security certificates in Canada

This article examines the security certificate process that has been in effect in Canada since 1978 and the 2008 amendment (Bill C-3) of the Immigration and Refugees Protection Act. It highlights how democratic means can be used to subvert meaningful policy changes, and underscores the antinomy inherent in a nation-state's zeal to protect its citizens and appeals by a group of Arab Muslim men held under security certificates for suspected terrorist activities for their human rights to be recognised and respected by a state in which they are non-citizens. The problematic immanent in nation-states serving as guarantors of human rights and its concomitant misconstruing of human rights for citizenship rights are used to demonstrate that an ‘internal Other’ has been created in Canada. The security certificate, it is argued, in stipulating that detainees may request to be deported to countries where they regularly reside or hold nationality, makes them akin to Hannah Arendt's notion of the ‘rightless’ – people who have not only lost their home (i.e., polity) or ‘distinct place in the world’, but also their legal status. Consequently, even in an advanced democracy with grandiose claims to, and assurances of, individual liberty and fundamental freedoms, ‘rightless’ people face a great danger by the fact of being nothing beyond ‘human’.     

How communist is North Korea? From the birth to the death of Marxist ideas of human rights

This article focuses on the Marxist characteristics of North Korea in its interpretation of human rights. The author's main argument is that many Marxist features pre-existed in Korea. Complying with Marxist orthodoxy, North Korea is fundamentally hostile to the notion of human rights in capitalist society, which existed in the pre-modern Donghak (Eastern Learning) ideology. Rights are strictly contingent upon one's class status in North Korea. However, the peasants' rebellion in pre-modern Korea was based on class consciousness against the ruling class. The supremacy of collective interests sees individual claims for human rights as selfish egoism, which was prevalent in Confucian ethics. The prioritization of subsistence rights and material welfare over civil and political rights was also the foremost important duty of the benevolent Confucian king. Finally, unlike Marx's reluctant use of the language of ‘duties’, rights are the offspring of citizens' duties in North Korean human rights discourse.     

Breaking the cycle of violence: doing development in situations of conflict

During the 1980s, armed conflict devastated an increasing number of the world's poorest countries. Non-governmental organisations (NGOs) engaged in relief and development were hard-pressed to determine their most effective response to situations where normal development became meaningless, and yet short-term relief programmes failed to deal with ‘permanent emergencies?s. This article describes the nature of these conflicts, their impact on the poor, and the evolution of NGO programmes in response. It explains why some NGOs have attempted to do development in the face of on-going violence, sometimes employing risky strategies and desperate measures. It argues the need for NGOs to play a part in building a civil society which can help to break the cycle of violence.     

The Rule of Law and the UN Peacebuilding Commission: a social development approach

There is a danger that the Rule of Law Assistance Unit of the United Nations Peacebuilding Commission will employ the same dominant but problematic paradigm that the international development community has pursued across the globe. This top-down, state-centred paradigm, sometimes known as ‘rule of law orthodoxy’, stands in contrast to an alternative set of strategies: legal empowerment. Legal empowerment involves the use of legal services, legal capacity-building and legal reform by and for disadvantaged populations, often in combination with other development activities, to increase their freedom, improve governance and alleviate poverty. It is typically carried out by domestic and international non-governmental organisations (NGOs), but also by governments and official aid agencies. This alternative approach focuses directly on the disadvantaged and integration with other development activities, which means it often operates under the de facto rubric of social development. Legal empowerment strategies vary among countries and NGOs. But their impact includes reforming gender-biased, non-state justice systems in Bangladesh; ameliorating the legal system's corruption in post-conflict Sierra Leone; keeping the human rights flame burning in post-conflict Cambodia; advancing natural resources protection and indigenous peoples' rights in Ecuador; and strengthening agrarian reform in the Philippines. Addressing such priorities can help alleviate poverty, ameliorate conflict and prevent chaos or repression from dominating the disadvantaged, particularly in conflict or post-conflict societies.     

Harvest of violence: the neglect of basic rights and the Boko Haram insurgency in Nigeria

Drawing on the core commitments of Critical Terrorism Studies, and mostly, the ethic of emancipation, this article focuses on the Boko Haram insurgency to investigate recurring violent conflict in Nigeria. It identifies a governance gap not adverted to in the official narrative which has led to gross discontent at the lower levels of the society. The governance gap has created fertile breeding grounds for the recruitment of disillusioned youths who are easily mobilised to violence and lately, insurgency. There are normative and pragmatic reasons to adopt and prioritise social welfare through the implementation of economic, social and cultural obligations and due-process rights as a viable approach to at least reducing the spate of violence in the country. The discussion has relevance for resolving situations of violence and conflict in sub-Sahara Africa in particular and elsewhere in the developing world.