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10231. Abdulkader H. Sinno, Organizations at War in Afghanistan and Beyond

Author:
Kimberly Marten
Publication Date:
12-2008
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
This is a hard book to tackle. It is not as clearly organized as it might have been, and (especially in the opening theoretical chapters) its thread often gets lost in difficult, repetitive, jargon-laden prose. Yet for anyone interested in insurgency and counterinsurgency, Afghanistan and Pakistan, or late-period Soviet military history, the book is worth the effort. Abdulkader H. Sinno sheds new light on the organizational politics and sociology of Afghanistanʼs morphing militia groups, and on the 30 years of warfare engulfing the country from the Soviet invasion of 1979 to todayʼs NATO-led peace enforcement operations.
Topic:
International Organization and Politics
Political Geography:
Pakistan and Afghanistan

10232. Uwe Steinhoff, On the Ethics of War and Terrorism

Author:
Jerome Slater
Publication Date:
12-2008
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Can terrorism, defined to mean “the direct attack on innocents for political purposes,” ever be justified? Uwe Steinhoff, a political philosopher at Oxford University, argues that there are indeed some circumstances in which the answer may be yes. Much of his analysis focuses on traditional just-war theoryʼs prohibition of attacks on noncombatants, and what he considers to be its unconvincing equation of noncombatants with “innocents,” who by virtue of their innocence must be immune from attack, even in a defensive just war. In essence, his argument is that adult civilians who support an aggressive and unjust war carried out by their democratically elected government are not truly innocent. He has in mind Israelis and Americans, and I shall argue that this creates real problems in his argument
Topic:
Terrorism and War
Political Geography:
America

10233. Colleen M. Grogan and Michael K. Gusmano, Healthy Voices, Unhealthy Silence: Advocacy and Health Policy for the Poor

Author:
Michael Givel
Publication Date:
12-2008
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
Modern adherents of a “Third Way” in American public administration and politics such as the Democratic Leadership Council say they move beyond “left-right debates” and have argued for innovative bottom-up public management instead of what they describe as inflexible and traditional top-down bureaucracies. One key approach to implementing this includes encouraging community nonprofits to play a pivotal role in providing societal services. Contrary to this assertion, Colleen M. Grogan and Michael K. Gusmanoʼs new book finds a lack of a vigorousness of nonprofit public voice for administrative innovation and increased health care services for the poor with Connecticutʼs Medicaid Managed Care Council advisory board from 1995 to 1997. Connecticutʼs proposed program reforms included cost controls, program quality improvements, and greater health care access. Proponents also argued that competitive bidding for service contracts was the best approach to implementing these goals.
Topic:
Health
Political Geography:
America

10234. Editorial

Author:
Charles Chernor Jalloh
Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The Africa Law Institute is pleased to present this second issue of Volume 2 of the African Journal of Legal Studies (“AJLS”). This issue contains four articles that capture in their origins and breadth the aim of the AJLS, which is to serve as a leading forum for the interdisciplinary engagement of issues of human rights, governance and the rule of law in Africa.
Topic:
Governance
Political Geography:
Africa

10235. Land Policy Reform, Customary Rule of Law and the Peace Process in Sierra Leone

Author:
Jon Unruh
Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
Armed conflict is particularly destructive to socio-legal relations regarding land and property. Reconstruction priorities increasingly include the reform of property legislation as part of efforts to address the causes and reasons for continuation of conflicts. However, a pervasive problem is that postwar laws are extremely difficult to connect with informal on-the-ground developments regarding perceptions of spatially-based rights as populations pursue livelihoods, grievances and aspirations. Left unattended, the problem constitutes a potential flashpoint for a return to conflict. This article examines this connection for postwar Sierra Leone, in order to highlight issues and questions of potential utility. The stakes are high for successfully connecting postwar land tenure laws with informal socio-legal realities. For Sierra Leone, a primary issue is the presence of a large population without access to land, tenure insecurity discouraging investment, large-scale food insecurity and rural unemployment while significant swathes of arable and previously cultivated land stands idle.
Topic:
Development

10236. Crimes Against Humanity: Directing Attacks Against A Civilian Population

Author:
Chile Eboe-Osuji
Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
In international criminal law, to sustain a charge of crimes against humanity, the Prosecution must prove, among other elements, that the perpetrator was involved in an attack directed against a civilian population. In Prosecutor v Fofana and Kondewa, the Special Court for Sierra Leone found that the Prosecution failed to prove, beyond a reasonable doubt, that the civilian population was the 'primary object' of the attack and acquitted the accused on the counts of murder and other inhumane acts as crimes against humanity. The Appeals Chamber accepted this view. However, it reversed Trial Chamber I on the ground that the Prosecution evidence did establish that the civilian population had been the primary, as opposed to incidental, target of the attack. The author suggests that this is an error resulting from the undue jurisprudential pre-occupation with the meaning of 'primary' in relation to the notion of attack against a civilian population. Instead, the inquiry should focus on whether the civilian population was 'intentionally' targeted in the attack, notwithstanding that it may not have been the primary object of the attack. He submits that this approach would be consistent with the classic theory of mens rea in criminal law.
Topic:
Population

10237. Protecting Human Rights Amidst Poverty and Inequality: The South African Post-Apartheid Experience on the Right of Access to Housing

Author:
John C. Mubangizi
Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
A significant gain of the new political and constitutional dispensation ushered in South Africa in 1994 was a commitment to the protection of human rights. However, protecting human rights in a country where the gap between the rich and the poor is among the largest in the world was always going to be a daunting challenge. The challenge is even more daunting with the protection of socio-economic rights such as the right of access to adequate housing. This article explores the challenges that South Africa faces in protecting human rights in the face of persistent poverty of over half of the country\'s population, vast economic disparities and gross inequality. Focusing on the right of access to adequate housing, the author explores some prospects arising from the roles played by the constitution; domestic courts; other state institutions as well as non-state actors. The article concludes that although the challenges are real, the prospects are promising. However, a lot must be done if the democratic miracle that has characterized South African society over the last fifteen years is to be maintained.
Topic:
Human Rights
Political Geography:
Africa

10238. Constitutional and Succession Crisis in West Africa: The Case of Togo

Author:
Adewale Banjo
Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The politics of succession in post-independence West Africa has left much to be desired and, by extension, has affected the quality of democracy and human security in the sub-region. This article briefly assesses succession politics in Togo, a small West African nation of approximately 5 million people, following the death of President Gnassingbe Eyadema, one of Africa\'s longest serving dictators. The author describes the military takeover and subsequent election that legitimized the illegal take over of power by Eyadema\'s son despite sustained domestic opposition from politicians and civil society, as well as sub-regional, regional and international condemnation of a Constitutional "coup d\'etat" in Togo. The article concludes that the succession crisis in Togo is far from over, given the continuing manipulation of what the author calls the geo-ethnic divide in that country.
Topic:
International Relations
Political Geography:
Africa

10239. Legal texts of the international criminal tribunal for rwanda: Statute of the International Criminal Tribunal for Rwanda

Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The Security Council, Reaffirming all its previous resolutions on the situation in Rwanda, Having considered the reports of the Secretary-General pursuant to paragraph 3 of resolution 935 (1994) 1 July 1994 (S/1994/879 and S/1994/906), and having taken note of the reports of the Special Rapporteur for Rwanda of the United Nations Commission on Human Rights (S/1994/1157, annex I and annex II).
Topic:
Human Rights
Political Geography:
United Nations

10240. Legal texts of the international criminal tribunal for rwanda:: Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda

Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
(A) In the Rules, unless the context otherwise requires, the following terms shall mean: Rules: The Rules referred to in Rule 1; Statute: The Statute of the Tribunal adopted by Security Council Resolution 955 of 8 November 1994; Tribunal: The International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for Genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Security Council resolution 955 of 8 November 1994; Accused: A person against whom one or more counts in an indictment have been confirmed in accordance with Rule 47;
Topic:
Human Welfare