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61. Basis and Implications of the ICC's Ruling Against Myanmar

Author:
Tanushree Nigam
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
n a major decision, the International Criminal Court ruled on September 6, 2018 that the Court may exercise jurisdiction over the crime of alleged deportation of the Rohingyas from Myanmar to Bangladesh. The Pre-Trial Chamber accepted the OTP’s argument that the Court may exercise jurisdiction over the crime of cross border deportation of Rohingyas even though the alleged crime had been committed in Myanmar which is not a State Party. The Pre-Trial Chamber stated that this could be done as some “elements of the crime” had taken place in the territory of Bangladesh, which is a State Party. This judgment makes a towering statement that ICC’s jurisdiction is objective rather than subjective in nature. In this post, I discuss the basis and implications of the Chamber’s findings.
Topic:
Legal Theory, International Criminal Court (ICC), Humanitarian Crisis, and Deportation
Political Geography:
Africa, Asia, South Korea, North Korea, and Myanmar

62. The Triple Nexus in Practice: Toward a New Way of Working in Protracted and Repeated Crises

Author:
Leah Zamore
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Center on International Cooperation
Abstract:
Crises In 2016, global policymakers came together to confront a critical policy dilemma: what is, or should be, the role of humanitarian action in a world beset by “permanent emergencies” that do not end, in which the root causes are overwhelmingly structural and political? One major outcome of the summit was the commitment to a “new way of working” based on linking the “triple nexus” of humanitarian, development, and peacebuilding (HDP) efforts. Our new report shares the results of a major independent review of the implementation of this process.
Topic:
United Nations, Fragile States, Crisis Management, and Humanitarian Crisis
Political Geography:
Africa, Middle East, Lebanon, Ethiopia, Nigeria, Somalia, and Chad

63. China’s challenge to human rights: Increased proactivity may weaken the UN human rights system

Author:
Katja Creutz
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
China has raised its stakes in human rights governance. It has systematically sought to remove human rights from the centre of the international order by launching alternative human rights concepts, blocking human rights financing at the UN, and hindering civil society involvement in human rights scrutiny. China’s approach to human rights is not only guided by past experiences of humiliation and the idea of developmentalism, but first and foremost by the desire to secure the existing political system and its leadership. The alternative design for human rights is built around consensual cooperation rather than hard legal obligations and international scrutiny. It promotes dialogue and capacity-building instead of practices such as naming and shaming. States supportive of human rights should respond to Chinese efforts in the Human Rights Council as well as within the UN more broadly. This can be done by raising awareness of the systematic attack on human rights, increasing knowledge about Chinese foreign policy objectives, and by creating practices that help to achieve common stances.
Topic:
Civil Society, Human Rights, United Nations, and Humanitarian Crisis
Political Geography:
China and Asia

64. Toward Medium-Term Solutions for Rohingya Refugees and Hosts in Bangladesh: Mapping Potential Responsibility-Sharing Contributions

Author:
Cindy Huang and Kate Gough
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
Bangladesh is providing a significant global public good by hosting nearly one million Rohingya refugees, including 700,000 who fled violence carried out with “genocidal intent” in 2017. Most refugees are living in camps in Cox’s Bazar District, where local resources and livelihoods are under strain. The situation has exacerbated development challenges and environmental degradation, such as inadequate public services and rapid deforestation. Safe, voluntary, and sustainable Rohingya repatriation to Myanmar is ultimately the best solution. However, the conditions for return do not exist, and Myanmar has not demonstrated meaningful progress in establishing them. Even if conditions did exist and voluntary repatriation began tomorrow, estimates show a large number of Rohingya will still be in Cox’s Bazar 10 years from now. The refugee situation is likely to be protracted. Medium-term planning is critical. The international community has an opportunity to recognize Bangladesh’s contributions through a robust responsibility-sharing process. In addition to humanitarian aid, this would include commitments that support development among host communities, as well as broader regional and national development strategies. There is precedent for development financing and beyond-aid solutions for refugees and host communities, such as in the Jordan, Lebanon, and Ethiopia Compacts. These agreements seek to meet the medium-term needs and generate inclusive growth for refugees and hosts, including through policy adjustments that enable self-reliance and reduce aid dependence. This brief explores the potential range of responsibility-sharing commitments in support of Bangladesh. It does not address the separate and equally important issues of securing justice and accountability for Myanmar’s alleged atrocities and establishing the necessary conditions in Myanmar for safe, voluntary, and sustainable repatriation—nor does it make recommendations on the humanitarian response, which remains essential. This brief focuses exclusively on the medium-term, development-oriented approach. It covers several categories of contribution and commitment types, including trade and investment, labor mobility, SEZ and infrastructure investment, private sector investment, resettlement, and development and climate finance. Each category includes illustrative examples, some of which are specific to one or a subset of UN Member States and others that are more broadly applicable. Geopolitical factors surrounding the Rohingya situation and potential responsibility-sharing commitments are also discussed. Building on this mapping, we will prepare a full report in 2019. The report will highlight a subset of anchor contributions that could build momentum for a responsibility-sharing process that delivers a “win-win-win” for refugees, host communities, and Bangladesh’s broader development objectives.
Topic:
Human Rights, Refugees, Displacement, and Humanitarian Crisis
Political Geography:
Bangladesh and Asia

65. The Dos and Don’ts of USG Humanitarian Reorganization

Author:
Jeremy Konyndyk
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
The FY 2020 budget request released by the White House last month contained a sweeping proposal to rationalize and streamline US government humanitarian assistance programs overseas. The proposal would merge the three humanitarian budget accounts (International Disaster Assistance, Migration and Refugee Assistance, and Food For Peace Title II); strip programming responsibilities from the State Department’s refugee bureau and consolidate them entirely in a new humanitarian bureau at USAID; and establish a vaguely described “dual hat” senior leader role to oversee humanitarian activities at both USAID and the State Department. The proposed changes would be the most significant overhaul of USG humanitarian structures in decades. The proposal in its current form is unlikely to get much traction in Congress, where it is seen on both sides of the aisle as dramatically weakening US leadership on refugees. In light of other moves by the administration—like slashing refugee resettlement numbers and treating asylum seekers roughly—that is a legitimate and vital concern. There is ample reason to approach the proposal with caution, particularly the idea of stripping away the refugee bureau’s resources.
Topic:
Foreign Aid, Budget, Refugees, and Humanitarian Crisis
Political Geography:
United States and North America

66. World Bank Financing to Support Refugees and Their Hosts: Recommendations for IDA19

Author:
Lauren Post, Cindy Huang, and Sarah Charles
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
In its 18th replenishment of the International Development Association (IDA18, covering 2017–2020), the World Bank made a game-changing decision to create a US$2 billion financing window to support low-income countries hosting large numbers of refugees.[1] This financing is significant for two key reasons. First, in its scale and scope, the Refugee Sub-Window (RSW) is responsive to both the programmatic and policy needs of protracted refugee crises. Second, in supporting both refugees and their host communities, the RSW aligns refugee responses with host countries’ national development plans.
Topic:
Development, World Bank, Refugees, and Humanitarian Crisis
Political Geography:
Global Focus

67. Creating Opportunities for Rohingya Refugees and Hosts Through Forest Landscape Restoration

Author:
Heather Tallis, Cindy Huang, John Herbohn, Karen Holl, Sharif A. Mukul, and Kam Morshed
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
Rohingya refugees began arriving in Bangladesh in August 2017, fleeing atrocities deemed serious crimes under international law by United Nations investigators. Over 740,000 new refugees have settled in two camps in Cox’s Bazar district of Chittagong: Kutupalong-Bulukhali and Naypara-Leda. The number of Rohingya in Cox’s Bazar now stands at around one million, comprising about 30 percent of the population. Kutupalong-Bulukhali is now the largest refugee camp in the world. The influx of Rohingya into Cox’s Bazar has exacerbated deforestation, underdevelopment, and climate vulnerability. Combined, these factors create an urgent need for new strategies and resources to address the increasing stress placed on the environment, and the consequences of this stress for refugee and host communities.
Topic:
Environment, Genocide, Refugees, Humanitarian Crisis, and Forest
Political Geography:
Myanmar

68. Saudi Coalition “Admission” of Error in Bombing Cholera Treatment Center Implicates the United States

Author:
Oona A. Hathaway
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In June 2018, the U.S.-supported Saudi led coalition struck a cholera treatment center run by Médecins Sans Frontières/Doctors Without Borders (MSF) in Yemen. A recent internal investigation released by the coalition tries to lay the blame for the strike on MSF. But tucked into the report is a cryptic admission that the coalition did not “complete the necessary procedures used by the Coalition Forces” before undertaking the strike. This suggests that the coalition has not stuck to a deal it made with the United States to maintain U.S. support by properly vetting strikes, leaving the United States and its personnel legally exposed for continuing to support operations that violate international humanitarian law.
Topic:
International Law, Military Strategy, Humanitarian Crisis, and Air Force
Political Geography:
Middle East, Yemen, Saudi Arabia, North America, and United States of America

69. What is a War Crime?

Author:
Oona A. Hathaway, Paul Strauch, Beatrice Walton, and Zoe Weinberg
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Here we propose a potential solution to the challenges surrounding the definition of war crimes we identified. In an effort to eliminate the confusion that results from over-reliance on prior criminalization, we distill the concept of war crimes down to its essence. A better approach, we argue here and in a forthcoming article, is to define war crimes as consisting of two key elements: (1) a breach of international humanitarian law (IHL) that is (2) “serious.” This approach is not only more jurisprudentially grounded, but it also has several benefits in the context of ongoing prosecutions of Syrian war criminals in Europe.
Topic:
Genocide, International Law, War Crimes, and Humanitarian Crisis
Political Geography:
Global Focus

70. The Missing State Department Memo on US Officials’ Possible Aiding and Abetting Saudi War Crimes

Author:
Oona A. Hathaway
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Today the Senate Foreign Relations Committee is set to consider dueling bills on Saudi Arabia. A bill sponsored by Senator Robert Menendez (D-N.J.), would block arms sales to the Kingdom and in-flight refueling of Saudi aircraft. This largely mirrors a series of measures passed in the House on July 17 to block the sale of billions of dollars of arms to Saudi Arabia and the United Arab Emirates. But in an unusual move, Committee Chairman Jim Risch (R-Idaho) broke comity to put forward his own separate bill focused more narrowly on the killing of journalist Jamal Khashoggi that would merely deny visas to a few Saudi government officials and require that the secretary of state conduct a review of the United States’ relationship with the country. In all likelihood, this is the bill that will advance, allowing the U.S. sales of arms to Saudi Arabia to continue.
Topic:
Foreign Policy, International Law, International Trade and Finance, Arms Trade, and Humanitarian Crisis
Political Geography:
Middle East, Saudi Arabia, North America, and United States of America