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221. The International Criminal Court in Africa: challenges and opportunities

Author:
Makau Mutua
Publication Date:
09-2010
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Norway's five-year experience as the lead nation of the Provincial Reconstruction Team This policy paper is a practically-oriented comparative analysis of the work of the International Criminal Court in Kenya, Uganda, Sudan, and the Central African Republic, and the policy implications for its work for Norway, States Parties, civil society, and key states. The paper argues that all actors, including Norway, should more seriously engage these African states – and key stakeholders within them – to facilitate the work of the ICC to stem impunity. Without such support, the paper concludes, the ICC's objectives in Africa will not be realised.
Topic:
Crime, Genocide, Human Rights, International Law, and Law
Political Geography:
Uganda, Kenya, Africa, Sudan, and Norway

222. U.S. Military Forces and Police Assistance in Stability Operations: The Least-Worst Option to Fill the U.S. Capacity Gap

Author:
Dennis E Keller
Publication Date:
08-2010
Content Type:
Working Paper
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
Establishing an effective local police force is one of the most critical elements of successful counterinsurgency (COIN) and stability operations, but it is a task for which the U.S. Government is the least prepared and capable. The establishment of an effective police force is critical to security sector reform, justice sector reform, and the successful transition to the host nation's security forces. But the United States lacks the institutional capacity to provide an immediate and coordinated civilian police training and advisory effort, particularly in a failed or fragile state. Because hesitation in addressing such problems causes delays in forming and training new police forces, and, even worse, emboldens corrupt and abusive locals who enable insurgents, terrorist groups, and organized criminal networks, the U.S. military must be prepared to support stability operations at regional level and below by assessing, advising, and even training police units until such time as civilian police trainers and mentors arrive on the ground.
Topic:
Crime, Counterinsurgency, and Law Enforcement
Political Geography:
United States

223. Internet Governance in an Age of Cyber Insecurity

Author:
Robert K. Knake
Publication Date:
09-2010
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
The United States is being outmaneuvered in the international forums that will determine the future of the Internet. Led by Russia and China, nondemocratic regimes are organizing into a united front to promote a vision of the Internet that is tightly controlled by states. That vision is increasingly attractive to many Western nations wrestling with interrelated threats of cybercrime, industrial espionage, and cyber warfare. The United States must actively combat these threats while it works to protect U.S. national interests in the preservation and extension of the Internet as a platform for increased efficiency and economic exchange. Protecting this interest requires far more extensive engagement within Internet governance forums to shape the future of the network in a way that addresses security concerns without resulting in a cure that is worse than the disease.
Topic:
Security, Crime, Science and Technology, and Governance
Political Geography:
Russia, United States, and China

224. Crime, Politics and Violence in Post- Earthquake Haiti

Author:
Louis-Alexandre Berg
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Crime and violence are on the rise in Port-au-Prince due to prisoner escapes during the earth quake. Youth gangs and other armed groups are regaining strength in the most vulnerable neighborhoods and spreading to other areas of the city. In the tent camps around Port-au- Prince, displaced people—especially women—remain vulnerable to crime. These factors have contributed to an increasing sense of insecurity. As political tensions rise in the run-up to elections, armed groups, criminal enterprises and vulnerable youth could once again be mobilized by political forces to fuel violence or disrupt the political process. Gangs and their involvement in criminal and political violence are deeply rooted in Haitian politics, and fueled by widespread poverty, inadequate police presence, government weak ness, and social and economic inequities. Prior to the earthquake, criminal violence had begun to decline due to a combination of political reconciliation, law enforcement operations and investment in marginalized neighborhoods. These fragile gains have been reversed since the earthquake and public confidence in the police has been shaken. Directing resources toward mitigating violence while addressing the underlying sources of crime and violence should remain a priority in post-earthquake reconstruction.
Topic:
Political Violence, Crime, Natural Disasters, and Law Enforcement

225. 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

226. Controlling Behavior – Not Arms: Moving Forward On An International Convention For Cyberspace

Author:
Ramtin Amin
Publication Date:
09-2010
Content Type:
Working Paper
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The rapidly increasing occurrence of cyber attacks and the growing use of the cyber domain for politically motivated purposes during both times of war and peace by both state and non-state actors has precipitated a dire need of an international convention to control behavior in cyberspace. While arms control conventions exist for the nuclear, chemical, and biological modes of warfare occurring at land, sea, space, and air, no such treaty is in place for the latest domain, whose tactical importance is now of vital importance for the global communication infrastructure and domestic military capabilities. In this paper, I will first extrapolate upon the current legal landscape pertinent to cyber arms and crime, and explore the limitations of current international laws that have been most often cited during past instances of cyber attacks. I will further explore a number of arms control drafts that have been proposed over the years, and highlight some of the lessons learned, with the aim of providing a constructive analysis to aid international lawmakers and affiliated institutions who are less familiar with the meta-physical cyber domain, and the unique challenges it presents. Finally, I will analyze the following five essential elements of a future global cyber convention: terms and definitions regarding cyber arms; peaceful use of cyber technology; signatory obligations regarding private actors; attribution; and mechanisms for deterrence. In exploring these fundamental themes, I will demonstrate why and how a future convention for cyberspace should focus on controlling behavior, rather than dwelling on a counterproductive goal of arms control.
Topic:
Arms Control and Proliferation, Crime, Science and Technology, and Weapons of Mass Destruction

227. 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

228. Challenges for Integrated Border Management in the European Union

Author:
Otwin Marenin
Publication Date:
01-2010
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
The expansion of the European Union has required a rethinking of how the external borders of the EU can best be protected against transnational crime, illegal immigration, trafficking in goods and people, non-legitimate asylum seekers and terrorist-related threats. The history, strategic logic, issues faced and current policies for securing the expanding external borders of the EU through the integrated border management (IBM) vision and strategy will be described and critically analysed. The paper is based on information in publicly available documents from EU institutions, scholarly writings on borders and the management of border controls, my own prior writings on border controls and police reforms, and a few interviews with participants involved in creating a new EU integrated border management system.
Topic:
Crime, Regional Cooperation, Terrorism, and Immigration
Political Geography:
Europe

229. The Method behind the Mark: A Review of Firearm Marking Technologies

Publication Date:
12-2010
Content Type:
Policy Brief
Institution:
Small Arms Survey
Abstract:
Record-keeping is an essential prerequisite for limiting the illicit proliferation of small arms and light weapons. A robust record-keeping system provides the necessary means to trace small arms1 and investigate the illicit trade. The marking of small arms is a necessary component of the recordkeeping; it links a specific small arm to a unique record for that item.
Topic:
Arms Control and Proliferation, Crime, Terrorism, Insurgency, and Law Enforcement
Political Geography:
Africa and Europe

230. Crime, Police Corruption and Development

Author:
Jens Chr.1 Andvig and Gbewopo Attila
Publication Date:
03-2010
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
Recently economists have begun to study various aspects of public sector institutions (with their behavioral neighborhoods) and their effects on the long run economic development. Degrees of corruption, rule of law and protection of property rights have all apparently significant economic impact. These results are all based on the construction of indicators for these difficult-to-observe explanatory variable complexes. In most cases the indicators applied have been developed for most countries and have on the one hand 'nice' statistical properties when embedded in regression equations, but on the other hand are conceptually fuzzy with unclear relationships to basic observations. In this paper we go through many of the same relationships, but based on international efforts to collect questionnaire information about citizens' experience with crime and police corruption. This information is more conceptually distinct and likely to be more closely related to relevant experience, but proves on the other hand less amenable to econometric analysis. Despite the latter weakness we have found it worthwhile to pursue it in order to complement the indicator- based approaches.
Topic:
Corruption, Crime, Economics, and Law