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21. Analyzing Post-Conflict Justice and Islamic Law

Author:
Whitney Parker, Scott Worden, Shani Ross, and Sahar Azar
Publication Date:
03-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Post-conflict justice mechanisms such as truth commissions, war crimes tribunals and reparations programs have emerged as a fundamental building block of durable peace settlements in Latin America, Africa and Asia. They are relatively rare, however, in Muslim countries recovering from conflict-despite the fact that social and criminal justice is a fundamental principle of Islamic law.
Topic:
Conflict Prevention, Crime, Islam, War, Law Enforcement, and Law
Political Geography:
Africa, Asia, Arabia, and Latin America

22. Traditional Dispute Resolution and Afghanistan's Women

Author:
Sylvana Q. Sinha
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country. Still, most women's groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women's rights. In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice. The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women's rights in TDR venues.
Topic:
Conflict Resolution, Gender Issues, Human Rights, Foreign Aid, and Law
Political Geography:
Afghanistan, United States, and Asia

23. The "Peoples' Congresses" in Russia: Failure or Success? Authenticity and Efficiency of Minority Representation

Author:
Alexander Osipov
Publication Date:
08-2011
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
This paper addresses the phenomenon of public fora which are designed to represent certain ethnic groups and are set up through popular vote. The academic and practical interest in such "congresses" results from the fact that over time it has been shown that these endeavors have: (1)proven to be viable and durable organization structures for about two decades; (2)secured flexibility in their establishment and functioning;(3) provided for mass participation in public discussions and voting; (4) avoided "identity trap" and most complexities related to setting qualifications and the selection of eligibility criteria for the participants; (5) been a bridge between minority activists and public authorities. At the same time, the real practical outcomes, the ability to act independently and visibility of the "congresses" on the political landscape are far from being obvious, and this raises questions about the reasons for such doubtful achievements and the very meaning of "representation" in such a context.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Russia, Europe, and Asia

24. Prospects for Implementing the Korea-US Free Trade Agreement

Author:
Jeffrey J. Schott
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
The Korea-US Free Trade Agreement (KORUS FTA) was signed on June 30, 2007. Since then, the Korean National Assembly has vetted the agreement and the pact cleared a major legislative hurdle when the Foreign Affairs and Trade Committee approved it in April 2009; the full assembly has deferred final passage pending comparable action by the US Congress. In the United States, the ratification process has not yet begun; neither President George W. Bush nor President Barack Obama has submitted implementing legislation to Congress.
Topic:
Diplomacy, International Trade and Finance, Bilateral Relations, and Law
Political Geography:
United States, Israel, Asia, and Korea

25. Medvedev's amendments to the law on defence: The consequences for Europe

Author:
Yury E. Fedorov
Publication Date:
11-2009
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
In November 2009, the 'Law on Amendments to the “Law on Defence”' proposed by President Medvedev entered into force. It allows the Kremlin to dispatch troops outside Russia for four purposes: to counter armed attacks against Russian armed forces, other troops and bodies deployed beyond its borders; to counter or prevent an armed attack against another country if this country has requested Russia to do so; to protect Russian citizens abroad from an armed attack; and to combat piracy and guarantee the safety of shipping. The law is an attempt to close the gap between Moscow's strategic goals, primarily the establishment of its geopolitical dominance over the former Soviet republics, and Russia's legislation, which restricted its ability to deploy armed forces beyond national borders. In effect, the amended legislation enables the Kremlin to deploy its armed forces abroad in a wide range of situations, precisely because of a lack of clear criteria. The wording of 'Medvedev's amendments' sheds light on some plans and scenarios that may be taking shape in Moscow. It is not beyond the realms of possibility that Russia may plan to ignite large-scale disturbances and ethnic clashes in Sevastopol or in Latvia and Estonia, which may be used as a pretext for Russian military intervention. A Russo-Ukrainian conflict in Crimea would pose not so much a military as a political challenge for Europe and the West. Even though Ukraine does not belong to these organizations, if NATO and the EU failed to respond to Russian intervention in Crimea with strong political and economic measures, their strategic relevance would be seriously undermined. If NATO did not defend its member states in the Baltic, the strategic role of the Alliance would be reduced to zero. The aforementioned scenarios fall into the worst-case category, yet there are numerous precedents in Russia's history which demonstrate that worst-case scenarios can become reality. European dependence on Russian energy supplies and interest in Russia's support in resolving the Iranian nuclear problem and the conflict in Afghanistan, as well as the Obama administration's interest in Russia's partnership in nuclear issues, constrain Western ability to respond. However, the West could and should make it quite clear that new Russia's military interventions will result in the country's political ostracization. Furthermore, the West could propose and develop an internationally recognised mechanism regulating the most important aspects of humanitarian intervention. In particular, it should minimise the ability of individual states to make unilateral decisions to intervene militarily if the UN Security Council were unable to make firm decisions. Such mechanisms could be discussed and developed in the frameworks of the UN, the OSCE, the so-called Corfu process and similar international forums.
Topic:
Security, Defense Policy, and Law
Political Geography:
Russia, Europe, and Asia