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1. Constraining U.S. foreign policy by enforcing current law: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 3

Author:
Jacques Singer-Emery
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the third of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Credible allegations of Saudi war crimes and human rights abuses in Yemen should trigger the FAA and Leahy Laws to prevent U.S. aid from reaching the Saudi-led coalition, as discussed in part 2 of this series. However, the U.S. Constitution forbids Congress from unilaterally issuing orders to any executive agency, including the Defense and State Departments. Accordingly, both the Foreign Assistance Control Act (FAA) and the Leahy laws place the onus on the executive to identify and respond to gross violations of human rights. Thus far, the executive has turned a blind eye to the Saudi coalition’s actions. Congress could independently find that Saudi Arabia has engaged in a “consistent pattern of gross violations of internationally recognized human rights” by commissioning its own investigations. But if the executive remains unconvinced, Congress only has two options to enforce the FAA and the Leahy laws: impeach the President, or obtain a court order requiring the executive withhold aid and arms pursuant to these laws. The first action is unlikely to occur here, but the second is a viable option. To secure a court order, Congress must show that the executive’s refusal to follow the FAA and the Leahy laws uniquely injures the legislative branch in a way that only the courts can remedy.
Topic:
Government, International Law, Law, War Crimes, Weapons, Courts, and Legislation
Political Geography:
Yemen, Saudi Arabia, North America, United States of America, and Gulf Nations

2. 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

3. The UN Security Council’s Implementation of the Responsibility to Protect: A Review of Past Interventions and Recommendations for Improvement

Author:
Jared Genser
Publication Date:
09-2018
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
When it was adopted by the United Nations (UN) system in 2005, the doctrine of the Responsibility to Protect (R2P) was meant to provide an implementation mechanism for the international community to respond to governments that were perpetrating the mass atrocity crimes of genocide, war crimes, ethnic cleansing, and crimes against humanity. As R2P is now in its second decade of existence, it is important to evaluate past implementation of R2P by the UN Security Council — the UN body charged with taking collective action when all other preventive efforts have failed and atrocity crimes are being committed or are imminent. This briefing paper is a summary of a more detailed law review article recently published in the University of Chicago Journal of International Law.
Topic:
Genocide, War Crimes, Ethnic Cleansing, International Community, Responsibility to Protect (R2P), UN Security Council, and Crimes Against Humanity
Political Geography:
United Nations and Global Focus

4. Defining the Four Mass Atrocity Crimes

Author:
Global Centre for the Responsibility to Protect
Publication Date:
08-2018
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
During the 2005 United Nations World Summit, heads of state and government accepted the responsibility of every state to protect its population from four crimes: genocide, war crimes, crimes against humanity and ethnic cleansing. The first three crimes are legally defined in various international legal documents, such as the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the 1949 Geneva Conventions and their 1977 Additional Protocols, and the 1998 Rome Statute of the International Criminal Court. Their status as international crimes is based on the belief that the acts associated with them affect the core dignity of human beings, both in times of peace and in times of war.
Topic:
Genocide, War Crimes, Ethnic Cleansing, and Crimes Against Humanity
Political Geography:
United Nations and Global Focus

5. The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Contribution to the Crime of Rape

Author:
Alexandra Adams
Publication Date:
07-2018
Content Type:
Journal Article
Abstract:
The article analyses the over 20 years’ jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda with respect to the crime of rape. It discusses how the attitude towards the prosecution of sexual crimes has changed since the Tribunals work began and what impact its jurisprudence has had on other attempts to define rape (elements of crime [EOC]). The article explores in depth the various definitions of rape given by the different chambers of both Tribunals. Consequently, it examines if the ultimate definition of the Kunarac chamber will prevail in international law. Not only are the weaknesses of the Kunarac definition that followed a pure consent approach revealed but the EOC of rape that opted for a combination of the coercion approach with one aspect of the lack-of-consent doctrine (incapacity) also face criticism. This leaves only one response – namely, that the elements of rape in international criminal law today can only be based upon a newly conducted comparison of national laws, thereby reflecting the general principles of the major legal systems of the world. The strongest accomplishment of both Tribunals concerning the crime of rape therefore lies not in the clarification of the elements of rape but, rather, in the revelation of a law-finding method, which is indispensable to the rudimentary field of international criminal law.
Topic:
International Law, War Crimes, Gender Based Violence, Courts, and Rape
Political Geography:
Europe, Yugoslavia, and Rwanda

6. Unpacked: Syria’s civil war is far from over

Author:
Mara Karlin
Publication Date:
03-2018
Content Type:
Video
Institution:
The Brookings Institution
Abstract:
Brookings Nonresident Senior Fellow Mara Karlin unpacks the roles of the wide array of actors in the Syrian military and humanitarian crisis as it continues and grows more complicated every day. She explains that the United States must clearly define its prime objectives in the Middle East as it becomes increasingly clear that the Bashar Assad regime will stay in power and that ISIS is on its way to complete military defeat.
Topic:
International Affairs and War Crimes
Political Geography:
Syria

7. Does and Should International Law Prohibit the Prosecution of Children for War Crimes?

Author:
Noëlle Quénivet
Publication Date:
04-2017
Content Type:
Journal Article
Abstract:
This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.
Topic:
Conflict Resolution, Human Rights, International Law, Children, War Crimes, and Transitional Justice
Political Geography:
Afghanistan, Europe, and Democratic Republic of Congo

8. Down, but Not Out: The FDLR in the Democratic Republic of the Congo

Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Small Arms Survey
Abstract:
The Forces Démocratiques de Libération du Rwanda (Democratic Forces for the Liberation of Rwanda, FDLR)—including its armed wing, the Forces Combattantes Abacunguzi (Abacunguzi Fighting Forces, FOCA)1—is among the most enduring armed groups in the eastern Democratic Republic of the Congo (DRC). Several members of the group’s top leadership are suspected of involvement in the 1994 Rwandan genocide, making the FDLR’s continued presence in the DRC a recurring point of contention between Kinshasa and Kigali and a source of tensions for the Great Lakes region as a whole (Omaar, 2008, pp. 65– 66, 236–312). Maj. Gen. Sylvestre Mudacumura, the group’s military commander, is wanted by the International Criminal Court for war crimes committed in the DRC itself (ICC, 2012). The group’s presence has also led to the emer- gence of local armed groups that claim to protect communities, further complicating security dynamics in the eastern DRC (Debelle and Florquin, 2015, p. 206).
Topic:
Security, Political Violence, Ethnic Conflict, Genocide, Armed Struggle, and War Crimes
Political Geography:
Democratic Republic of the Congo and Rwanda

9. Why We Fail to Prevent Mass Atrocities

Author:
Alex J. Bellamy and Adam Lupel
Publication Date:
06-2015
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
In the twenty years since the Rwandan genocide, the United Nations has developed an extensive body of policies, principles, and institutions dedicated to preventing mass atrocity crimes. But in recent years the killing of unarmed civilians has become all too prevalent again, from Syria to Iraq and South Sudan to the Central African Republic. So why does atrocity prevention fail? This is the central question addressed in the International Peace Institute’s new report, “Why We Fail: Obstacles to the Effective Prevention of Mass Atrocity.” The report explores the principal obstacles to effective prevention efforts and the strategies needed to improve the UN’s ability to respond. It considers the UN’s opportunities and constraints in different contexts, where the world body has a substantial field presence or limited or no presence on the ground
Topic:
Conflict Prevention, Political Violence, Peacekeeping, and War Crimes
Political Geography:
Global Focus

10. Evelyne Schmid. Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Author:
Mara Tignino
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Evelyne Schmid’s new book, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law, aims to provide a bridge between developing practice and existing knowledge. At the heart of her book lies the question of how, or to what extent, violations of ESCR are addressed in international criminal proceedings and transitional justice mechanisms. She criticizes the current marginalization of ESCR abuses in scholarship on international criminal law and bemoans the reality that ‘efforts to address the legacy of widespread human rights abuses display a bias towards civil and political rights’. While some have argued for an expansion of international criminal law to account more directly for violations of ESCR, Schmid claims such an expansion is unnecessary; in her view, such violations already fall within the scope of international crimes.
Topic:
Genocide, Human Rights, International Law, United Nations, War Crimes, Courts, and Transitional Justice
Political Geography:
Europe, North Korea, Cambodia, United Nations, and Myanmar