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711. Imperfect Justice at Nuremberg and Tokyo

Author:
Kirsten Sellars
Publication Date:
11-2010
Content Type:
Journal Article
Abstract:
When the international criminal tribunals were convened in Nuremberg and Tokyo in the mid-1940s, the response from lawyers was mixed. Some believed that the Second World War was an exceptional event requiring special legal remedies, and commended the tribunals for advancing international law. Others condemned them for their legal shortcomings and maintained that some of the charges were retroactive and selectively applied. Since then, successive generations of commentators have interpreted the tribunals in their own ways, shaped by the conflicts and political concerns of their own times. The past two decades have seen the establishment of new international courts, and an accompanying revival of interest in their predecessors at Nuremberg and Tokyo. Recent commentaries have analysed the founding documents, the choice of defendants, the handling of the charges, the conduct of the cases – and also the legal and political legacies of the tribunals. They demonstrate that long-standing disagreements over antecedents, aims and outcomes have still not been settled, and that the problems inherent in some of the original charges have still not been solved, despite the appearance of similar charges within the remit of the International Criminal Court today.
Topic:
Crime and War
Political Geography:
Tokyo

712. The Constitutional History of U.S. Foreign Policy: 222 Years of Tension in the Twilight Zone

Author:
Walter A. McDougall
Publication Date:
09-2010
Content Type:
Book
Institution:
Foreign Policy Research Institute
Abstract:
In 1973, Congress passed the infamous War Powers Resolution (WPR), over Richard Nixon’s veto. It was perhaps the most ambitious Congressional effort to bridle the President since the battle with Andrew Johnson over Reconstruction. The WPR is worth reading—once—then forgetting, because its convoluted, contradictory, and doubtless unconstitutional mix of instructions, restrictions, and ticking clocks has never been honored by any administration or upheld by any court. Presidents Gerald Ford, Jimmy Carter, Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush all dispatched U.S. forces into combat situations without paying more than lip service to the WPR. In 1990, following Saddam Hussein’s invasion of Kuwait, President Bush stationed 100,000 personnel in Saudi Arabia. He sought no authorization and, in fact, informed just one member of Congress: Senator Sam Nunn (D., Ga.). When he then prepared Operation Desert Storm to liberate Kuwait, 54 Congressmen led by the chairman of House Armed Services Committee, Berkeley radical Ron Dellums (D., Calif.), filed for an injunction to stop the war. U.S. District Judge Harold H. Greene ran for cover. Noting that 54 fell far short of a majority, he judged the case “not ripe for judicial determination.”
Topic:
Foreign Policy, War, Governance, Law, and Constitution
Political Geography:
United States

713. The Effect of Civilian Casualties in Afghanistan and Iraq

Author:
Radha Iyengar, Luke N. Condra, Joseph Felter, and Jacob N. Shapiro
Publication Date:
10-2010
Content Type:
Working Paper
Institution:
Empirical Studies of Conflict Project (ESOC)
Abstract:
A central question in intrastate conflicts is how insurgents are able to mobilize supporters to participate in violent and risky activities. A common explanation is that violence committed by counterinsurgent forces mobilizes certain segments of the population through a range of mechanisms. We study the effects of civilian casualties in Iraq and Afghanistan to quantify the effect of such casualties on subsequent insurgent violence. By comparing uniquely detailed micro-data along temporal, spatial, and gender dimensions we can distinguish short-run 'information' and 'capacity' effects from the longer run 'propaganda' and 'revenge' effects. In Afghanistan we find strong evidence that local exposure to civilian casualties caused by international forces leads to increased insurgent violence over the long-run, what we term the 'revenge' effect. Matching districts with similar past trends in violence shows that counterinsurgent-generated civilian casualties from a typical incident are responsible for 1 additional violent incident in an average sized district in the following 6 weeks and lead to increased violence over the next 6 months. There is no evidence that out-of-area events—errant air strikes for example—lead to increased violence, nor is there evidence of short run effects, thus ruling out the propaganda, information, and capacity mechanisms. Critically, we find no evidence of a similar reaction to civilian casualties in Iraq, suggesting the constraints on insurgent production of violence may be quite conflict-specific. Our results imply that minimizing harm to civilians may indeed help counterinsurgent forces in Afghanistan to reduce insurgent recruitment.
Topic:
Conflict Resolution, War, Conflict, Violence, War on Terror, Civilians, and Casualties
Political Geography:
Afghanistan, United States, Iraq, and Middle East

714. From Law and Order to Pacification: Britain's Suppression of the Arab Revolt in Palestine, 1936-39

Author:
Matthew Hughes
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
This article examines British human rights abuses against noncombatants during the 1936-39 Arab Revolt in Palestine, contextualizing brutality in Palestine within British military practice and law for dealing with colonial rebellions in force at the time. It shows that the norms for such operations, and the laws that codified military actions, allowed for some level of systemic, systematic brutality in the form of "collective punishments" and "reprisals" by the British army. The article also details the effects of military actions on Palestinian civilians and rebels and describes torture carried out by the British on Palestinians. Finally, it highlights a methodological problem in examining these sorts of abuses: the paucity of official records and the mismatch between official and unofficial accounts of abuse during counterinsurgency.
Topic:
War
Political Geography:
Palestine and Arabia

715. One Land, Two States? Parallel States as an Example of "Out of the Box" Thinking on Israel/Palestine

Author:
Mathias Mossberg
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
In recent years, faced with a stalled Israeli-Palestinian peace process and Israel's continued creation of facts on the ground, many have started to question whether it is still possible to implement a viable two-state solution, which is the peace process's stated goal. A number of alternative ways forward in the conflict have therefore been suggested that go beyond the usual one-state solution. As part of an exercise of "thinking outside the box," JPS is running two essays that suggest unconventional frameworks for dealing with the conflict.
Topic:
War
Political Geography:
Israel and Palestine

716. Diamonds and War: State, Capital, and Labor in British Ruled Palestine

Author:
David De Vries
Publication Date:
04-2010
Content Type:
Book
Institution:
Berghahn Books
Abstract:
The mining of diamonds, their trading mechanisms, their financial institutions, and, not least, their cultural expressions as luxury items have engaged the work of historians, economists, social scientists, and international relations experts. Based on previously unexamined historical documents found in archives in Belgium, England, Israel, the Netherlands, and the United States, this book is the first in English to tell the story of the formation of one of the world’s main strongholds of diamond production and trade in Palestine during the 1930s and 1940s. The history of the diamond-cutting industry, characterized by a long-standing Jewish presence, is discussed as a social history embedded in the international political economy of its times; the genesis of the industry in Palestine is placed on a broad continuum within the geographic and economic dislocations of Dutch, Belgian, and German diamond-cutting centers. In providing a micro-historical and interdisciplinary perspective, the story of the diamond industry in Mandate Palestine proposes a more nuanced picture of the uncritical approach to the strict boundaries of ethnic-based occupational communities. This book unravels the Middle-eastern pattern of state intervention in the empowerment of private capital and recasts this craft culture’s inseparability from international politics during a period of war and transformation of empire.
Topic:
War, Military Strategy, Natural Resources, Labor Issues, State Violence, and Mining
Political Geography:
Britain, United Kingdom, Europe, Middle East, and Palestine

717. 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

718. Civil War: A Review of Fifty Years of Research

Author:
Christopher Blattman and Edward Miguel
Publication Date:
03-2009
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
Most nations have experienced an internal armed conflict since 1960. The past decade has witnessed an explosion of research into the causes and consequences of civil wars, belatedly bringing the topic into the economics mainstream. This article critically reviews this interdisciplinary literature and charts productive paths forward. Formal theory has focused on a central puzzle: why do civil wars occur at all when, given the high costs of war, groups have every incentive to reach an agreement that avoids fighting? Explanations have focused on information asymmetries and the inability to sign binding contracts in the absence of the rule of law. Economic theory has made less progress, however, on the thornier (but equally important) problems of why armed groups form and cohere, and why individuals decide to fight. Likewise, the actual behavior of armed organizations and their leaders is poorly understood. On the empirical side, a vast cross-country econometric literature has aimed to identify the causes of civil war. While most work is plagued by econometric identification problems, low per capita incomes, slow economic growth and geographic conditions favoring insurgency are the factors most robustly linked to civil war. We argue that micro-level analysis and data are needed to truly decipher war's causes, and understand the recruitment, organization, and conduct of armed groups. Recent advances in this area are highlighted. Finally, turning to the economic legacies of war, we frame the literature in terms of neoclassical economic growth theory. Emerging stylized facts include the ability of some economies to experience rapid macroeconomic recoveries, while certain human capital impacts appear more persistent. Yet econometric identification has not been adequately addressed, and there is little consensus on the most effective policies to avert conflicts or promote postwar recovery. The evidence is weakest where it is arguably most important: in understanding civil wars' effects on institutions, technology, and social norms.
Topic:
Economics, Peace Studies, Political Economy, and War

719. Pakistan and the Future of U.S. Policy

Author:
Malou Innocent
Publication Date:
04-2009
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
A spreading Islamic insurgency engulfs the amorphous and ungoverned border between Afghanistan and Pakistan. After initial victories by the United States and the Northern Alliance in autumn 2001, hundreds of Taliban and al Qaeda fighters fled Afghanistan to seek refuge across the border in Pakistan's rugged northwest. Since 2007, the number of ambushes, militant offensives, and targeted assassinations has risen sharply across Afghanistan, while suicide bombers and pro-Taliban insurgents sweep through settled areas of Pakistan at an alarming pace. For better and for worse, Pakistan will remain the fulcrum of U.S. policy in the region—its leaders continue to provide vital counterterrorism cooperation and have received close to $20 billion in assistance from the United States, yet elements associated with its national intelligence agency, Inter-Services Intelligence, covertly assist militant proxy groups destabilizing the region
Topic:
Security, Foreign Policy, International Cooperation, Islam, and War
Political Geography:
Pakistan, Afghanistan, United States, South Asia, and Asia

720. The Afghan National Development Strategy: The Right Plan at the Wrong Time?

Author:
Jake Sherman
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
In 2005, the Government of Afghanistan initiated a process leading to the formulation of the Afghanistan National Development Strategy (ANDS). The ANDS was formally launched at the International Conference in Support of Afghanistan in Paris on June 12, 2008. According to the Paris Conference Declaration, the strategy will be the “roadmap for joint action [by donors and the Afghan government] over the next five years and sets our shared priorities.”
Topic:
Security, Civil Society, Development, and War
Political Geography:
Afghanistan