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91. State of Affairs: Three Years After Nisoor Square: Accountability and Oversight of U.S. Private Security and Other Contractors

Publication Date:
09-2010
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
On September 16, 2007, Black water Worldwide (now X e) private security contractors working for the U.S. Department of State killed 17 unarmed civilians and wounded 24 more in an unprovoked incident in Baghdad's Nisoor Square. A political firestorm immediately ensued in Iraq, the United States and around the world. The incident exposed what had been clear for several years: The United States lacked a coordinated, systematic policy for overseeing private contractors abroad and holding them accountable for serious violent crimes. Now, the United States' reliance on private security contractors in zones of armed conflict is increasing as is the urgent need for effective contractor oversight and accountability. Private contractors continue to outnumber U.S. military forces in Iraq and Afghanistan, and both the surge in Afghanistan and the drawdown in Iraq require additional support from private security and other contractors. It is estimated that up to 50,000 contractors will be required to support the Afghan surge and, with the military drawdown in Iraq, the Department of State plans to more than double the number of private security contractors it employs from 2,700 to 7,000. As Iraq and eventually Afghanistan move from military to civilian control and private contractors replace military forces there, the so-called jurisdictional gap over non-Defense contractors widens. If we learned anything from Nisoor Square it is that oversight and accountability gaps must be filled prior to increasing our private contractor force in conflict zones.
Topic:
Security, Crime, Human Rights, and Counterinsurgency
Political Geography:
United States, Iraq, and Arabia

92. Whistleblowing: an effective tool in the fight against corruption

Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
Transparency International
Abstract:
Whistleblowing is increasingly recognised as an important tool in the prevention and detection of corruption and other malpractice. By disclosing wrongdoing in an organisation, whistleblowers can avert harm, protect human rights, help to save lives and safeguard the rule of law. The clandestine nature of corrupt behaviour means that it may never come to light unless cases are reported by people who discover them in the course of their work. But reporting can come at a high price: whistleblowers often expose themselves to great personal risks in order to protect the public interest. As a result of speaking out, they may lose their jobs, dampen their career prospects, and even put their own lives at risk. To provide a safe alternative to silence, TI recommends policy and legal measures to provide: Effective legal protection of whistleblowers against retaliation with full compensation in case of reprisals; Adequate mechanisms in public, private and not-for-profit organisations to ensure that disclosures are properly handled and thoroughly investigated; Public research, data collection, information and training to inform about the public benefit of whistleblowing.
Topic:
Civil Society, Corruption, Crime, Human Rights, and Law
Political Geography:
United States

93. Empty Promises? Obama's Hesitant Embrace of Human Rights

Author:
Kenneth Roth
Publication Date:
03-2010
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
After eight years of the Bush administration, with its torture of suspected terrorists and disregard for international law, Barack Obama's victory in the November 2008 U.S. presidential election seemed a breath of fresh air to human rights activists. Obama took office at a moment when the world desperately needed renewed U.S. leadership. In his inaugural address, Obama immediately signaled that, unlike Bush, he would reject as false "the choice between our safety and our ideals." Obama faces the challenge of restoring the United States' credibility at a time when repressive governments -- emboldened by the increasing influence of authoritarian powers such as China and Russia -- seek to undermine the enforcement of international human rights standards. As he put it when accepting the Nobel Peace Prize, the United States cannot "insist that others follow the rules of the road if we refuse to follow them ourselves." His Nobel speech in Oslo also affirmed the U.S. government's respect for the Geneva Conventions. "Even as we confront a vicious adversary that abides by no rules," Obama argued, "I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength." When it comes to promoting human rights at home and abroad, there has undoubtedly been a marked improvement in presidential rhetoric. However, the translation of those words into deeds remains incomplete. AN INCOMPLETE REVERSAL Obama moved rapidly to reverse the most abusive aspects of the Bush administration's approach to fighting terrorism. Two days after taking office, he insisted that all U.S. interrogators, including those from the CIA, abide by the stringent standards adopted by the U.S. military in the wake of the Abu Ghraib debacle. He also ordered the shuttering of all secret CIA detention facilities, where many suspects "disappeared" and were tortured between 2001 and 2008. Finally, he promised to close the detention center at Guantánamo Bay, Cuba, within a year.
Topic:
Human Rights and International Law
Political Geography:
Russia, United States, and China

94. From Rome to Kampala: The U.S. Approach to the 2010 International Criminal Court Review Conference

Author:
Vijay Padmanabhan and Benjamin N. Cardozo
Publication Date:
04-2010
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
For the foreseeable future the United States is unlikely to become a member of the International Criminal Court (ICC), the international tribunal in The Hague responsible for prosecuting human rights atrocities and war crimes. From the time the Rome Statute of the International Criminal Court (the “Rome Statute”)—the treaty that established the ICC—was negotiated in 1998, the United States has voiced strong concerns about the ICC exercising jurisdiction over nationals of nonparties and the ICC prosecutor's authority to investigate and prosecute suspects without the approval of the UN Security Council. Those concerns have not been alleviated, and the Obama administration has said that it will not seek U.S. Senate approval of the Rome Statute in the near future. Even if the treaty were submitted to the Senate, the Senate would not approve it in its current form. Moreover, U.S. concerns could be exacerbated by modifications to the Rome Statute ICC members may make in the coming months.
Topic:
Crime, Human Rights, and International Law
Political Geography:
United States

95. The DISCLOSE Act, Deliberation, and the First Amendment

Author:
John Samples
Publication Date:
06-2010
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
The United States Supreme Court decided in Citizens United v. Federal Election Commission that Congress may not prohibit spending on political speech by corporations. President Obama and several members of Congress have sharply criticized Citizens United, and Sen. Charles Schumer and Rep. Chris Van Hollen have proposed the DISCLOSE Act in response to the ruling. DISCLOSE mandates disclosure of corporate sources of independent spending on speech, putatively in the interest of shareholders and voters. However, it is unlikely that either shareholders or voters would be made better off by this legislation. Shareholders could demand and receive such disclosure without government mandates, given the efficiency of capital markets. The benefits of such disclosure for voters are likely less than assumed, while the costs are paid in chilled speech and in less rational public deliberation. DISCLOSE also prohibits speech by government contractors, TARP recipients, and companies managed by foreign nationals. The case for prohibiting speech by each of these groups seems flawed. In general, DISCLOSE exploits loopholes in Citizens United limits on government control of speech to contravene the spirit of that decision and the letter of the First Amendment.
Topic:
Civil Society, Democratization, and Human Rights
Political Geography:
United States

96. A Trade Agenda for the G-20

Author:
Jeffrey J. Schott
Publication Date:
05-2010
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
For the past 18 months, the G-20 summit countries have worked together to contain the global economic crisis and encourage a sustainable economic recovery. As part of these efforts, the G-20 leaders have sought to constrain the protectionist pressures that invariably arise during times of economic stress and to maintain an open international trading regime. The G-20 trade agenda, as enunciated in the three summit declarations, has covered two specific trade actions: a “standstill” on new protectionism and a charge to complete the Doha Round of multilateral trade negotiations.
Topic:
Development, Human Rights, International Organization, and International Trade and Finance
Political Geography:
United States and Washington

97. US-Korea Relations

Author:
Victor D. Cha and Ross Matzkin-Bridger
Publication Date:
01-2010
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The final quarter of 2009 included a number of significant developments in US-Korea ties. President Barack Obama made his first trip to Seoul in November, and Special Envoy for North Korea Policy Stephen Bosworth traveled to Pyongyang in December. The summit between Presidents Obama and Lee Myung-bak marked the continuation of an historical high in relations between the two countries. On issues affecting the alliance, Obama and Lee found common ground on North Korea, while they inched forward with the Korea-US free trade agreement. Meanwhile, Bosworth's three days of talks with North Korean officials brought the most encouraging signs of a return to the six-party process since talks broke down at the end of 2008. The Obama administration is faring well on the Korean Peninsula, even as relations with other major powers of the region become more complicated. Those accompanying Obama on his trip to Asia informally acknowledged that Korea was the “best stop” on the trip and sensed a personal connection between the two leaders.
Topic:
Human Rights
Political Geography:
United States, Asia, and Korea

98. Chronology of U.S.-Korea Relations

Publication Date:
01-2010
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
No abstract is available.
Topic:
Human Rights
Political Geography:
United States and Korea

99. US-Southeast Asia Relations

Author:
Sheldon W. Simon
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The United States significantly raised its political profile in Southeast Asia this quarter, inserting itself in South China Sea disputes, announcing its plan to join the East Asia Summit, convening the second US-ASEAN summit, and creating an ambitious agenda for participation in a variety of Southeast Asia programs. On the South China Sea issue, Secretary of State Clinton proposed multilateral discussions under ASEAN auspices – an idea that did not appear, however, in the ASEAN-US summit communiqué in late September. The US inaugurated naval exercises with Vietnam in early August, coinciding with the visit of the aircraft carrier USS George Washington. Washington is considering new financial sanctions against Burma, recognizing that more engagement with the military regime has not yielded the expected results. The presence of US military trainers in the southern Philippines continues to rile leftist and nationalist legislators. As a sign of growing warmth in US-Malaysian relations, Kuala Lumpur is sending a small contingent of medical personnel to Afghanistan. The Indonesian-US Comprehensive Partnership was launched in Washington in September, signifying Jakarta‟s special importance to the US. Washington also restored military-to-military relations with Kopassus, the Indonesian Special Forces unit that has been accused of egregious human rights violations in Timor, Papua, and Aceh.
Topic:
International Relations and Human Rights
Political Geography:
Afghanistan, United States, Washington, Indonesia, Southeast Asia, and Kuala Lumpur

100. Tunisia–The Imprisonment of Fahem Boukadous (Part One of a series)

Author:
Rob Prince
Publication Date:
10-2010
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
To most Americans with the exception of those few who, for whatever reason, have an attachment to the North African country of Tunisia, the name Fahem Boukadous, foreign to American ears, means nothing. It means a good deal more to "Reporters Without Borders” and to the US State Department that actually issued a statement (half way down the page) on his behalf, to the US intelligence agencies and military that have carefully followed the Spring, 2008 uprising in the Tunisian region of Gafsa–deemed the most extensive and militant social protest in that country's history in the past quarter century.
Topic:
Human Rights, Human Welfare, and Torture
Political Geography:
Africa, United States, America, Arabia, North Africa, and Tunisia