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81. From the Global to the Local: Leveraging International Engagement to Advance Justice at Home

Author:
Maha Jweied
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Center on International Cooperation (CIC)
Abstract:
This policy paper is authored by Maha Jweied, who served in the U.S. government between 2006-2018, most recently as the Acting Director of the U.S. Department of Justice’s Office for Access to Justice. Maha is currently a fellow at CIC-NYU and advisor to the Pathfinders for Justice. This paper sets out how the former U.S. Department of Justice’s Office for Access to Justice leveraged international activity and mechanisms, including the UN’s 2030 Agenda for Sustainable Development, to advance its domestic priorities. The strategy resulted in notable accomplishments and even protected a number of them after the office was closed in 2018. The brief also recommends that the incoming Biden-Harris Administration reestablish the Office for Access to Justice, revitalize the White House Legal Aid Interagency Roundtable charged with implementing Goal 16 for the United States, link U.S. domestic priorities to all 17 Sustainable Development Goals, and prioritize the United States’ role as a leader in the global movement for equal justice for all.
Topic:
Government, Governance, Inequality, and Justice
Political Geography:
North America and United States of America

82. Gone Without a Trace: Syria’s Detained, Abducted, and Forcibly Disappeared

Author:
Hanny Megally and Elena Naughton
Publication Date:
05-2020
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In most cases, to be imprisoned in Syria is to disappear. Tens of thousands of people, if not more, have been unlawfully taken prisoner or held incommunicado in the context of the Syrian conflict. This policy paper examines the dark reality of detentions in Syria, its impact on those who are detained and their families, and recommends a set of urgent steps that should be taken to assist families in obtaining information about the whereabouts of their loved ones, gaining access to them, and achieving their prompt release. While most parties to the Syrian conflict are complicit in carrying out arbitrary and incommunicado detentions, including both state and non-state actors, the vast majority of detention-related violations since 2011 have been carried out by the Syrian state. The policy paper – a joint project of ICTJ and the Center on International Cooperation (CIC) at New York University – draws from a variety of sources, including the authoring organizations’ longstanding work on Syria and engagement with Syrian victims, as well as inputs from interviews and an expert roundtable in The Hague, Netherlands, in October 2019. The paper looks in depth at the main government security agencies responsible for arrests and detentions in Syria and shows how the regime weaponizes the law to criminalize political activity, to maintain absolute control over the Syrian population, and to justify arrests and detentions of peaceful demonstrators, political opponents, and human rights activists, all behind a facade of legality. It shows how, at every level, the system works in contravention of fundamental principles of human rights law designed to protect individuals from unlawful and arbitrary deprivation of liberty, including rights guaranteed in the international declarations and conventions to which Syria is a party. The paper provides additional information about nonstate actors who over the course of the conflict are known to have abducted and detained not only opposing armed forces, including Syrian army, but many civilians. From there, the paper goes on to examine the harsh realities facing families of those who have been detained, abducted, and forcibly disappeared in Syria and what must be done to begin addressing the rights of these victims, which have been so seriously violated. It looks at four primary areas of action that must be considered urgent for Syrians: (1) official acknowledgment of detentions and the disclosure of information about the whereabouts and fate of the forcibly disappeared and abducted; (2) detainee releases; (3) access to detention facilities by monitoring groups; and (4) addressing the consequences of enforced disappearance on families. The paper concludes with comprehensive recommendations for what can and should be done, now and in the future by the Syrian regime and other parties to the conflict, as well as the international community. On an urgent basis, it recommends among other things the immediate release of all those arbitrarily detained as well as vulnerable prisoners such as the sick, women, the elderly, children, and the disabled; unimpeded access by the International Committee of the Red Cross to all places of detention; and the sharing of lists specifying the status and location of detainees held by the Syrian government and other nonstate actors. In the long-term, it proposes creating among other things an independent mechanism for reviewing the remaining cases of detention, safe centers where families can request information about the fate of their loved ones, and rehabilitation programs where released individuals can access psychosocial and other vital services. These and other critical steps are a matter of extreme urgency, as the paper makes plain, if there is to be any possibility of lasting peace in Syria.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Justice, Engagement, Gender, and Truth and Reconciliation
Political Geography:
Middle East and Syria

83. Anatomy of a Revolution

Author:
Sydney Wise
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
The fight against racialized violence in the U.S. prison and policing system has characterized the last fifty years of the struggle for racial justice. In 2020, new momentum marks a historic moment.
Topic:
Race, Discrimination, Social Justice, Violence, and Justice
Political Geography:
North America and United States of America

84. Tracking the Implementation Gap Empirically Assessing the Translation of International Antislavery Commitments in Domestic Legislation Globally

Author:
Katarina Schwarz and Jean Allain
Publication Date:
06-2020
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The prohibition against slavery in international law is unique in several significant ways. First, it has been recognised by the International Court of Justice as a jus cogens norm carrying obligations erga omnes.1 That is to say, it is a norm of international law binding on all states, from which no derogation is permissible and violation of which attracts the legal interest of the international community as a whole entailing an obligation to cooperate to bring such a breach to an end.2Second, it represents the first universal effort enshrined in international law to influence the domestic legislation of all states on a normative question.3 Third, it is often seen as the first global human rights movement and the root of international human rights law, centring the concept of individual human dignity within the traditionally statist constructs of international law.4 And finally, given its importance at the international level, it is often presumed that its prohibition at the domestic level is already complete everywhere
Topic:
International Law, Slavery, Courts, Justice, and Stateless Population
Political Geography:
Global Focus

85. MENA’s Frozen Conflicts

Author:
Marc Lynch
Publication Date:
11-2020
Content Type:
Research Paper
Institution:
Project on Middle East Political Science (POMEPS)
Abstract:
Over the last year, the MENA region’s simmering conflicts have seemed frozen in place. The internationally-fueled civil wars in Syria, Yemen and Libya have long since settled into an equilibrium in which no side can either truly win or truly lose. Those conflicts have been held in place in part by local ecologies and war economies and in part by the competitive interventions by regional and international powers on behalf of their proxies and clients. But are these conflicts truly frozen? What does viewing them through such a lens gain, and what are the theoretical and analytical costs? To explore these questions, POMEPS convened a virtual research workshop on September 25, 2020, with scholars from diverse empirical and theoretical backgrounds.
Topic:
Security, Civil War, Politics, Citizenship, Military Intervention, Conflict, Syrian War, Mental Health, Crisis Management, Peace, Justice, Capital, and Mobilization
Political Geography:
Iraq, Middle East, Libya, Yemen, North Africa, Lebanon, Syria, and United States of America

86. 2020 Thematic Brief: Trump Investigations

Author:
Third Way
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
Third Way
Abstract:
President Trump’s governing style deviates dramatically from the approaches followed by his predecessors. His propensity to ask for foreign interference in American elections, lack of transparency, erratic decision making, political retaliation, and potential self-dealing has led to over 300 House congressional hearings and more than 900 oversight letters into his actions.It has also resulted in federal criminal investigations into Trump associates, and criminal and civil investigations in New York state, where the Trump Organization is headquartered
Topic:
Elections, Justice, Foreign Interference, Election Interference, and Investigations
Political Geography:
North America and United States of America

87. The Best and Worst States for Women: The US Women, Peace and Security Index 2020

Author:
Peace and Security (GIWPS) Georgetown Institute for Women
Publication Date:
10-2020
Content Type:
Special Report
Institution:
Georgetown Institute for Women, Peace and Security (GIWPS)
Abstract:
The US WPS Index offers the most comprehensive measurement of women’s rights and opportunities across 50 states and the District of Columbia. It goes beyond women’s inclusion in the economy and politics to capture key aspects of justice and legal protections, as well as women’s security against violence in their homes and in their communities.
Topic:
Security, Politics, Law, Women, Economy, Violence, Justice, Inclusion, and Gender
Political Geography:
North America and United States of America

88. Violence, Inequality and Transformation: Apartheid Survivors on South Africa's Ongoing Transition

Author:
Jasmina Brankovic, Brian Mphahlele, Sindiswa Nunu, Agnes Ngxukuma, Nompumelelo Njana, and Yanelisa Sishuba
Publication Date:
02-2020
Content Type:
Book
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Despite its lauded political transition in 1994, South Africa continues to have among the highest levels of violence and inequality in the world. Organised survivors of apartheid violations have long maintained that we cannot adequately address violence in the country, let alone achieve full democracy, without addressing inequality. This book is built around extensive quotes from members of Khulumani Support Group, the apartheid survivors' social movement, and young people growing up in Khulumani families. It shows how these survivors, who bridge the past and the present through their activism, understand and respond to socioeconomic drivers of violence. Pointing to the continuities between apartheid oppression and post-apartheid marginalisation in everyday life, the narratives detail ways in which the democratic dispensation has strengthened barriers to social transformation and helped enable violence. They also present strategies for effecting change through collaboration, dialogue and mutual training and through partnerships with diverse stakeholders that build on local-level knowledge and community-based initiatives. The lens of violence offers new and manageable ways to think about reducing inequality, while the lens of inequality shows that violence is a complex web of causes, pathways and effects that requires a big-picture approach to unravel. The survivors' narratives suggest innovative strategies for promoting a just transition through people-driven transformation that go well beyond the constraints of South Africa's transitional justice practice to date. A result of participatory research conducted in collaboration with and by Khulumani members, this open-access book will be of interest to activists, students, researchers and and policy makers working on issues of transitional justice, inequality and violence.
Topic:
Conflict Resolution, Political Violence, Apartheid, Peacekeeping, Transitional Justice, Peace, Justice, Community, and Marginalization
Political Geography:
Africa and South Africa

89. International and Regional Laws and Instruments Related to Gender Equality and the Security and Justice Sector

Author:
Nenad Galic and Megan Bastick
Publication Date:
07-2020
Content Type:
Commentary and Analysis
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This Annex is part of the DCAF, OSCE/ODIHR, UN Women Gender and Security Toolkit. It compiles regional and international laws and policies related to gender and the security and justice sectors and is meant to accompany Tools and Policy Briefs found in the Toolkit.
Topic:
Security, Gender Issues, International Cooperation, Regional Cooperation, Law, Justice, and Equality
Political Geography:
Global Focus

90. Political Process, Crisis and Legitimacy in Poland

Author:
Hector Calleros
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The paper examines the conflict over the control of the integration of Poland’s Constitutional Tribunal (CT) that evolved into a constitutional crisis in October 2015 - and has extended for more than two years. It identifies issues that help understand how the Polish Democracy does not impede the erosion of constitutional democracy as the conflict has undermined the CT and the function of judicial review (JR). The article examines issues of legitimacy that emerge from the crisis; it also examines the extent to which the institutional settings condition the operation of the JR function; in particular, it looks at the role of executive actors (the Government and the President), and the role of the political/parliamentary party in bridging the separation of powers.
Topic:
Politics, Democracy, Constitution, Legitimacy, and Justice
Political Geography:
Europe and Poland