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10711. The Human Rights Council: A New Era in UN Human Rights Work?

Author:
Yvonne Terlingen
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Kofi Annan did more than any UN Secretary-General before him to stress the close link between human rights and peace and security. In his inaugural address to the newly created Human Rights Council in Geneva on June 19, 2006, he said: ''. . . lack of respect for human rights and dignity is the fundamental reason why the peace of the world today is so precarious, and why prosperity is so unequally shared.'' With the creation of the Human Rights Council, ''a new era in the human rights work of the United Nations has been proclaimed.''
Topic:
Security, Human Rights, and United Nations
Political Geography:
Geneva

10712. Uganda's Civil War and the Politics of ICC Intervention

Author:
Adam Branch
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
With its 2003 ''Referral of the Situation Concerning the Lord's Resistance Army'' to the International Criminal Court (ICC), the Ugandan government launched a legal process that, it claimed, would bring peace and justice to war-torn northern Uganda. The ICC prosecutor officially opened an investigation in response to the referral in July 2004, and in October 2005 the ICC unsealed arrest warrants, its historic first warrants in its historic first case, charging five of the top commanders of the rebel Lord's Resistance Army (LRA) with war crimes and crimes against humanity. For two decades, Uganda north of the Nile has been ravaged by a brutal civil war between the LRA and the Ugandan government, so any possibility of productive change is to be warmly welcomed. The sanguine predictions proffered by the Ugandan government and by the ICC's supporters, however, are called into question by doubts about the court's ability to achieve peace or justice in Uganda, doubts stemming from the specific way the ICC has pursued the Ugandan case, and because of more inherent problems with the ICC as a legal institution.
Topic:
Government and War
Political Geography:
Uganda

10713. Liability and Just Cause

Author:
Thomas Hurka
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
This paper is a response to Jeff McMahan's "Just Cause for War" (Ethics International Affairs, 19.3, 2005). McMahan holds, as many have, that there is a just cause for war against group X only if X have made themselves liable to military force by being responsible for some serious wrong. But he interprets this liability requirement in a very strict way. He insists (i) that one may use force against X for purpose Y only if they are responsible for a wrong specifically connected to Y; and (ii) that one may use force against an individual member of X only if he himself shares in the responsibility for the wrong. This paper defends a more permissive, and more traditional, view of just war liability against McMahan's claims. Against (i) it argues that certain 'conditional just causes' such as disarming an aggressor, deterring future aggression, and preventing lesser humanitarian crimes can be legitimate goals of war against X even if X have no specific liability connected to them. Against (ii) it argues that soldiers who have no responsibility for X's wrong may nonetheless be legitimately attacked because in becoming soldiers they freely surrendered their right not to be killed by enemy combatants in a war between their and another state, so killing them in such a war is not unjust. Though initially a criticism of McMahan, the paper makes positive proposals about conditional just causes and the moral justification for directing force at soldiers.
Topic:
War

10714. The Inconveniences of Transnational Democracy

Author:
Luis Cabrera
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Despite some limited moves toward openness and accountability, suprastate policy formation in such bodies as the World Trade Organization remains fundamentally exclusive of individuals within states. This article critiques the "don't kill the goose" arguments commonly offered in defense of such exclusions. It highlights similarities between those arguments and past arguments for elitist forms of democracy, where strict limitations are advocated on the participation of non-elites in the name of allowing leaders to act most effectively in the broad public interest. Advocated here is movement toward a strongly empowered WTO parliamentary body that would be guided in practice by a principle of democratic symmetry, attempting to match input to the increasing impacts of WTO governance. A parliament with co-decision powers broadly similar to those of the European Parliament is offered as a long-term institutional ideal.
Political Geography:
Europe

10715. Crime and Punishment: Holding States Accountable

Author:
Anthony F. Lang, Jr.
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Should states be held responsible and punished for violations of international law? The recent ruling by the International Court of Justice that Serbia cannot be held responsible for genocide in Bosnia reflects the predominant international legal position. But, such a position leaves open the possibility that states or non-state agents can never be held responsible for international crimes. This article argues that they can and should be. While most international ethicists and legal theorists reject the punishment of corporate entities such as states, this article argues that certain types of international violations can only be undertaken by states, and, as a result, states must be bear the responsibility for them. Drawing on some neglected strands in international law and political theory, the article sketches a potential institutional framework for the punishment of state crimes, particularly genocide and aggression.
Topic:
International Law
Political Geography:
Bosnia and Serbia

10716. Book Review: Identity and Violence: The Illusion of Destiny and Cosmopolitanism: Ethics in a World of Strangers

Author:
Blake Michael
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
These two books are the inaugural releases in Norton's Issues of Our Time series, but they are linked by much more than this fact. Each is a measured attack on the cultural separatism prevalent in many academic and policy circles. According to the cultural separatism thesis, cultures or nations are morally central groups in the world; membership in such groups is both ethically significant and explanatorily powerful; and the borders of cultural and national groups must be preserved against outside influence. This thesis is rejected by both Appiah and Sen, in subtly different ways. Each book, moreover, is extraordinarily personal. Appiah and Sen illustrate their theoretical points with reference to their own experiences and the experiences of their families. The books represent excellence in philosophical reasoning, but only philosophers whose relationship to these issues is more than simply academic could have produced these works.

10717. Book Review: Are Women Human? And Other International Dialogues

Author:
Clare Chambers
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
In April 2006, Catharine MacKinnon was interviewed about her new book, Are Women Human?, for BBC Radio 4's "Woman's Hour." The presenter, Jenni Murray, had one main question that she repeated throughout the short interview to the exclusion of any discussion of MacKinnon's arguments: Wasn't the book's title simply too controversial to be taken seriously?

10718. Book Review: Globalizing Democracy and Human Rights by Carol C. Gould

Author:
Fiona Robinson
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Carol Gould's Globalizing Democracy and Human Rights is an impressive, sweeping analysis of some of the most pressing questions in contemporary political philosophy and international ethics. While the book's focus is practical—how to "globalize" democracy, and how to make globalization more democratic—Gould does not shy away from hard theoretical questions, such as the relentless debate over cultural relativism, as well as less-often tackled issues of "embodied politics" and women's rights, and the relationship between terrorism and democracy. The result is a book that is almost overwhelming in scope, yet is saved by a rich, balanced, convincing, and unhectoring analysis.
Topic:
Human Rights and Terrorism

10719. Book Review: A Turn to Empire: The Rise of Imperial Liberalism in Britain and France

Author:
Jennifer Pitts
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
A Turn to Empire contributes to a project among liberals in recent years to dust off liberalism's historical complexities. In an elegant, impressively documented, and rigorously argued narrative, Jennifer Pitts asserts that imperialism was not essential to the liberal project, as is so often alleged by its critics, most recently and systematically by Uday Singh Mehta in his important study Liberalism and Empire (University of Chicago Press, 1999).
Political Geography:
Britain, France, and Chicago

10720. Book Review: Law, Politics, and Morality in Judaism by Michael Walzer

Author:
Stuart A. Cohen
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
This volume of collected essays, most of which have been published in earlier volumes in the Ethikon Series in Comparative Ethics, seeks to bring a more concentrated focus on specifically Jewish outlooks regarding three key themes: "Political Order and Civil Society"; "Territory, Sovereignty, and International Society"; and "War and Peace." According to Michael Walzer, "The point is to display a range of Jewish responses to some of the hardest questions posed by modern democratic politics"
Topic:
Politics, Sovereignty, War, and Law