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41. Excesses of Responsibility: The Limits of Law and the Possibilities of Politics

Author:
Kirsten Ainley
Publication Date:
12-2011
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The twentieth century saw the unprecedented individualization, legalization, and criminalization of responsibility in international relations. At the start of the century, if any agent was held responsible in the international sphere for harm resulting from conflict or war, it was the state, and states were held politically (rather than legally, for the most part) responsible for their acts by other states. By the end of the century individuals were held legally (often criminally) responsible for such harm, now defined as "war crimes" or "atrocities." Individuals were increasingly held responsible by international or hybrid tribunals set up under the auspices of the most powerful international institution in the post-1945 system, the UN Security Council, and with significant financial support from the world's most powerful states, foremost being the United States. Only a few years into the twenty-first century, trials of individuals were under way at an independent International Criminal Court (ICC). Our first reaction when we see news reports of war or civil conflict is frequently to ask which individuals are responsible and how they are to be punished. The drive toward individual accountability can be seen in, for instance, the 2009 report by the Goldstone Commission into alleged war crimes committed in Gaza, which led to subsequent calls for the ICC to take up the case; the 2011 report by the Panel of Experts set up by the UN secretary-general to advise on accountability in Sri Lanka; and the swift referral of the situation in Libya to the ICC in February 2011.
Topic:
International Relations
Political Geography:
United States, Libya, Sri Lanka, and United Nations

42. General Principles and Comparative Law

Author:
Jaye Ellis
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article explores the source 'general principles of international law' from the point of view of comparative law scholarship. The currently accepted definition of general principles and methodology for identifying such principles are critiqued. The criterion of the representativeness of the major families of legal systems, to which courts and tribunals tend to pay lip service rather than applying rigorously, is meant to anchor general principles in state consent, but is not a sound technique either for identifying principles of relevance to international law or for preventing judges from referring only to the legal systems they know best. Further - more, the emphasis on extracting the essence of rules results in leaving behind most of what is interesting and useful in what judges may have learned by studying municipal legal systems. Comparative scholarship is an obvious, rich, and strangely neglected source of guidance for international judges who wish to draw insights from legal systems outside international law.
Topic:
Human Rights and International Law
Political Geography:
Sri Lanka

43. Making Peace When Disaster Strikes: Sri Lanka, Aceh and the 2004 Tsunami

Author:
Howard B. Schaffer
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
Institute for the Study of Diplomacy, Edmund A. Walsh School of Foreign Service, Georgetown University
Abstract:
On the day after Christmas 2004, a powerful 9.0 magnitude earthquake under the Indian Ocean off of northern Sumatra sent massive waves crashing against the coastlines of countries as far away as Kenya and Madagascar. This tsunami killed or left missing some 226,000 people and displaced an estimated 1.7 million more in fourteen Asian and African countries.1 Damage to property—infrastructure, residences, government buildings, and commercial establishments—was enormous. Indonesia, Sri Lanka, India, and the Maldives were the most seriously affected. Dramatically filmed on the cameras and cell phones of local inhabitants and the many western tourists caught up in the catastrophe, the tsunami attracted instant and extensive worldwide attention and sympathetic response. Foreign governments, international agencies, and international nongovernmental organizations (INGOs) alike quickly undertook what became a global effort to assist local authorities to rescue and rehabilitate the victims and begin rebuilding the extensive stricken areas.
Topic:
Conflict Resolution, Humanitarian Aid, Peace Studies, Poverty, Natural Disasters, and Foreign Aid
Political Geography:
Kenya, Africa, India, Asia, and Sri Lanka

44. Sri Lanka: A Bitter Peace

Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Since the decisive military victory over the Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka has made little progress in reconstructing its battered democratic institutions or establishing conditions for a stable peace. Eight months later, the post-war policies of President Mahinda Rajapaksa have deepened rather than resolved the grievances that generated and sustained LTTE militancy. While the LTTE's defeat and the end of its control over Tamil political life are historic and welcome changes, the victory over Tamil militancy will remain fragile unless Sinhalese-dominated political parties make strong moves towards a more inclusive and democratic state. The emergence of retired General Sarath Fonseka to challenge Rajapaksa in the 26 January presidential election has opened new space to challenge repressive government policies. But neither has offered credible proposals for political reforms that would address the marginalisation of Tamils and other minorities. Whoever wins, donor governments and international institutions should use their development assistance to support reforms designed to protect the democratic rights of all of Sri Lanka's citizens and ethnic communities.
Topic:
Conflict Resolution, Political Violence, Peace Studies, and Armed Struggle
Political Geography:
South Asia and Sri Lanka

45. The Sri Lankan Tamil Diaspora after the LTTE

Publication Date:
02-2010
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
For the past quarter-century the Tamil diaspora has shaped the Sri Lankan political landscape through its financial and ideological support to the military struggle for an independent Tamil state. Although the May 2009 defeat of the Liberation Tigers of Tamil Eelam (LTTE) has dramatically reduced the diaspora\'s influence, the majority of Tamils outside Sri Lanka continue to support a separate state, and the diaspora\'s money can ensure it plays a role in the country\'s future. The nature of that role, however, depends largely on how Colombo deals with its Tamil citizens in the coming months and on how strongly the international community presses the government to enact constitutional reforms to share power with and protect the rights of Tamils and other minorities. While the million-strong diaspora cannot regenerate an insurgency in Sri Lanka on its own, its money and organisation could turn up the volume on any violence that might eventually re-emerge.
Topic:
Political Violence, Armed Struggle, Diaspora, and Counterinsurgency
Political Geography:
South Asia, Asia, and Sri Lanka

46. Preventing Media Incitement to Violence in Iraq

Author:
Theo Dolan
Publication Date:
04-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The monitoring of Iraqi media reveals that inflammatory coverage does not • necessarily consist of a direct call to violence, but instead takes the form of indirect or coded terminology that still has dangerous potential to foment conflict. Current regulatory and self-regulatory efforts designed to prevent media incitement to violence have, thus far, been insufficient. Lessons learned from post-conflict Bosnia, Kosovo and Sri Lanka can assist Iraqis in creating their own legal and self-regulatory mechanisms to limit inflammatory media coverage. There are a wide range of measures to mitigate inflammatory media coverage, including targeted training for media and government officials, broad support for a professional code of conduct, a full review of existing legislation relating to incitement, and the creation of a lexicon of inflammatory terms with guidelines for the proper use of these terms.
Topic:
Conflict Prevention, Political Violence, and Mass Media
Political Geography:
Iraq, Bosnia, Sri Lanka, and Kosovo

47. War Crimes in Sri Lanka

Publication Date:
05-2010
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The Sri Lankan security forces and the Liberation Tigers of Tamil Eelam (LTTE) repeatedly violated international humanitarian law during the last five months of their 30-year civil war. Although both sides committed atrocities throughout the many years of conflict, the scale and nature of violations particularly worsened from January 2009 to the government's declaration of victory in May. Evidence gathered by the International Crisis Group suggests that these months saw tens of thousands of Tamil civilian men, women, children and the elderly killed, countless more wounded, and hundreds of thousands deprived of adequate food and medical care, resulting in more deaths.
Topic:
Ethnic Conflict, International Law, and Armed Struggle
Political Geography:
South Asia and Sri Lanka

48. Beaten but not Broken: Tamil Women in Sri Lanka

Author:
Tasha Manoranjan
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
Georgetown Journal of International Affairs
Institution:
Georgetown Journal of International Affairs
Abstract:
Walking past an Army checkpoint towards her house, a woman snaps at the soldiers harassing her. These soldiers have taken every opportunity to verbally accost her since she filed an official complaint against police officers stealing her property. Neighbors and friends told Murugesapillai Koneswari, a Tamil mother of four, to simply forget about the police.' s crimes and ignore the daily injustices. However, her actions had already aggravated the military forces in her village. On 17 May 1997, two months after she filed the complaint, police officers barged into her house in the middle of the night and then proceeded to gang rape and kill her.
Political Geography:
Sri Lanka

49. Development Assistance and Conflict in Sri Lanka: Lessons from the Eastern Province

Publication Date:
04-2009
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Violence, political instability and the government's reluctance to devolve power or resources to the fledgling provincial council are undermining ambitious plans for developing Sri Lanka's Eastern Province. The east continues to face obstacles to economic and political progress and offers lessons for development agencies and foreign donors considering expanding their work into newly won areas in the Northern Province. While there is still potential for progress in the east, it remains far from being the model of democratisation and post conflict reconstruction that the government claims. Donors should adopt a more coordinated set of policies for the war-damaged areas of Sri Lanka, emphasising civilian protection, increased monitoring of the effects of aid on conflict dynamics and collective advocacy with the government at the highest levels.
Topic:
Conflict Resolution, Political Violence, Development, Humanitarian Aid, and War
Political Geography:
South Asia and Sri Lanka

50. Peace as governance? Critical challenges to power-sharing peace deals

Author:
Chandra Lekha Sriram
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Power-sharing may involve not only political power-sharing, but shared governance over economic resources or the security sector, and in some cases territorial autonomy arrangements. There are at least five critical challenges to negotiating a peace agreement involving power-sharing: Mistrust may outweigh the influence of the power- sharing incentives offered. The third-party guarantee needed to overcome mistrust is not available. The incentives that are offered may not be the right ones. If there are no measures to address the original causes of conflict, incentives may not be enough. Incentives cannot induce so-called spoilers to participate in a peace process. There are far more potential challenges to implementing power-sharing agreements in practice: Agreements may be violated because incentives were insufficient or can be obtained more easily outside the agreement. Agreement fails because a group was less interested in, or unable to reap the benefits of, specific incentives. Old patterns of mistrust and cheating are imported into governance processes and state institutions. Instead of creating a grand coalition, power-sharing may create incentives for extremism and ethnic or hardliner outbidding. Incentives such as territorial autonomy may encourage secessionist tendencies. Parties may have committed to agreement out of short-term pragmatism rather than long term interest or policy. Exclusion of groups from benefits may encourage new grievances and even conflicts. Competition may turn violent amongst former allies. Violent regions or the interference of neighbouring states may undermine agreements.
Topic:
Security, Economics, Peace Studies, Treaties and Agreements, and Governance
Political Geography:
Sudan and Sri Lanka