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281. Immunità e crimini internazionali. L'esercizio della giurisdizione penale e civile nei confronti degli organi statali sospettati di gravi crimini internazionali

Author:
Chiara Ragni
Publication Date:
11-2008
Content Type:
Journal Article
Abstract:
This book offers a thorough and detailed analysis of the doctrinal debate on the controversial question whether state organs are entitled to invoke any kind of immunity, before either international or national tribunals, when accused of committing or ordering the commission of international crimes, such as war crimes, crimes against humanity, and genocide. The problem is not merely a theoretical one, given that, since the end of the Second World War and in particular since the Pinochet Affair 1 (decided in 1999 by the British House of Lords), national judges from all over the world have been required to determine whether all state organs can benefit from immunity from jurisdiction and, if so, whether this can cover all the possible violations of international law, including the most serious ones. Initially, and as long as the courts could properly cope with the question of the immunity of former military officers, no problem seemed to emerge with regard to the possibility of judging the latter for crimes committed during a war; however, the choice seemed to be more controversial when the accused were high-ranking representatives of the state and the acts in question were performed in times of peace. The leading case in this regard was the above-mentioned Pinochet case, since it made clear the differing attitudes of judges according to the accused's rank in the state hierarchy and, as the author notes, according to whether or not the person in question was still in office. The debate which ensued with regard to those issues and to the controversial practice which had developed on the subject makes the book reviewed here particularly interesting. First, it has the merit of taking into account the different points of view expressed by scholars dealing with the topic and comparing them with the practice – described in a historical perspective – of international and especially of national courts and tribunals. Secondly, even though the literature on the subject of immunities is quite broad, this work stands out thanks to the author's original approach to the subject and to the accuracy of the analysis conducted.
Topic:
Crime and International Law

282. Piracy in Somalia: Threatening Global Trade, Feeding Local Wars

Author:
Roger Middleton
Publication Date:
10-2008
Content Type:
Policy Brief
Institution:
Chatham House
Abstract:
Piracy off the coast of Somalia has more than doubled in 2008; so far over 60 ships have been attacked. Pirates are regularly demanding and receiving million-dollar ransom payments and are becoming more aggressive and assertive. The international community must be aware of the danger that Somali pirates could become agents of international terrorist networks. Already money from ransoms is helping to pay for the war in Somalia, including funds to the US terror-listed Al-Shabaab. The high level of piracy is making aid deliveries to drought-stricken Somalia ever more difficult and costly. The World Food Programme has already been forced to temporarily suspend food deliveries. Canada is now escorting WFP deliveries but there are no plans in place to replace their escort when it finishes later this year. The danger and cost of piracy (insurance premiums for the Gulf of Aden have increased tenfold) mean that shipping could be forced to avoid the Gulf of Aden/Suez Canal and divert around the Cape of Good Hope. This would add considerably to the costs of manufactured goods and oil from Asia and the Middle East. At a time of high inflationary pressures, this should be of grave concern. Piracy could cause a major environmental disaster in the Gulf of Aden if a tanker is sunk or run aground or set on fire. The use of ever more powerful weaponry makes this increasingly likely. There are a number of options for the international community but ignoring the problem is not one of them. It must ensure that WFP deliveries are protected and that gaps in supply do not occur.
Topic:
Security, Crime, and International Affairs
Political Geography:
Africa and Somalia

283. New Markets Expanding for Dirty Businesses

Author:
Michael Mosettig
Publication Date:
09-2008
Content Type:
Journal Article
Journal:
European Affairs
Institution:
The European Institute
Abstract:
McMafia: A Journey Through the Global Criminal World By Misha Glenny. Reviewed by Michael Mosettig Organized crime in Russia became a key component of the now-defunct Soviet system and in the post-cold war era it has become a new multinational venture. The author takes us on a journey through this underworld, showing how, through the Balkans, new mafias reach into the EU.
Topic:
Crime
Political Geography:
Europe and Eastern Europe

284. Iraq's Cultural Heritage: Preserving the Past for the Sake of the Future

Author:
Elizabeth Detwiler
Publication Date:
10-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The looting of Iraq's museums and archaeological sites is an overlooked consequence of the 2003 invasion. The loss of such precious history would be tragic for any nation or culture. As Iraqis struggle to redefine a sense of nationhood after five years of war, they will need to draw on that common heritage to reconstruct their communities. In the words of Donny George Youkhanna, former director general of the Iraq Museum in Baghdad, “The oil will finish one day, but the antiquities will always be there.” The most immediate priorities are to secure Iraq's existing heritage sites, recover stolen artifacts, and develop an infrastructure for their conservation. The question should also be asked: what can be done to prevent such looting in future conflicts?
Topic:
Crime, International Cooperation, International Organization, and Arts
Political Geography:
Iraq, Middle East, and Baghdad

285. Special Report No. 208: Haiti: Confronting the Gangs of Port-au-Prince

Author:
Robert Perito and Michael Dziedzic
Publication Date:
09-2008
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Although ostensibly criminal in nature, the gangs of Port-au-Prince were an inherently political phenomenon. Powerful elites from across the political spectrum exploited gangs as instruments of political warfare, providing them with arms, funding, and protection from arrest. Beginning in 2006 and reaching its culmination in February 2007, the UN Stabilization Mission in Haiti (MINUSTAH) conducted a series of successful military and police operations against armed gangs, based in sanctuaries in Cité Soleil and other urban slums, that had terrorized the populace. The campaign resulted in the arrest of principal gang leaders and some eight hundred of their followers. UN operations followed a public announcement by Haiti's president, René Préval, that the gangs must “surrender or die,” and a private request to the United Nations to take armed action. Préval's call for action came after efforts to negotiate with the gangs proved futile. Antigang operations involved the Haiti National Police (HNP), the country's only security force. HNP support for, and direct engagement in, these operations was essential to their success. Haitian police SWAT teams arrested most of the gang leaders. Although the UN assaults resulted in civilian casualties and extensive property damage, the great majority of Cité Soleil residents surveyed believed that the UN crackdown was justified. If MINUSTAH had not been willing and able to confront the gang threat, the likely consequences would have been the collapse of the Préval administration and the failure of the UN mission. The United Nations must be capable of mounting assertive operations to enforce its mandates, and it can succeed in such operations under the proper conditions if it summons the necessary resolve. MINUSTAH's success in con-fronting the gang threat suggests that the conditions needed for successful mandate enforcement include unity of effort among mission leadership, local buy-in and support, actionable intelligence to guide operations, effective employment of Formed Police Units (FPUs), integrated planning of military, police, and civilian assistance efforts to fill the void left by the displacement of illegal armed groups, and holistic reform of, and international support for, the legal system.
Topic:
Crime and United Nations
Political Geography:
Caribbean and Haiti

286. 2008 Hate Crime Survey

Publication Date:
12-2008
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
European and North American governments are failing to keep pace with a wave of violent hate crime that continues to rise across the region. Racism, xenophobia, antisemitism, anti-Muslim and anti-Roma hatred, religious intolerance, homophobia: the list of biases that fuel these crimes is a long one. Attacks range from lethal assaults to threats and harassment to vandalism and desecration of religious and community property. The perpetrators are individuals acting alone, or in concert with neighbors, coworkers, and fellow students, as well as loosely-knit or more organized groups that share ideologies of hatred and act on them. The violence can ruin lives, or end them. It can terrorize whole communities, driving away vulnerable minorities or forcing them to stay out of sight. Violent hate crime, especially when the official response to it is weak or nonexistent, also attacks the society at large, undermining the very notions of equality and the equal protection of the law.
Topic:
Crime, Sociology, and Culture
Political Geography:
Europe, North America, and Kurdistan

287. Trafficking Networks for Chemical Weapons Precursors: Lessons from the Iran-Iraq War of the 1980s

Author:
Jonathan B. Tucker
Publication Date:
11-2008
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
States seeking to produce chemical weapons (CW) typically rely on the importation of intermediate chemicals called “precursors,” which have legitimate industrial applications but can also be converted into military-grade CW agents, such as mustard gas or sarin. The dual-use nature of precursor chemicals poses challenges for policy makers seeking to prevent CW proliferation. Under U.S. Department of Commerce regulations, manufacturers planning to export CW precursors to certain countries must obtain prior government authorization in the form of an export license. Yet despite significant improvements over the past decade in the export-control systems of the United States and other industrialized countries, trafficking in precursors and other dual-use items relevant to CW production has continued.
Topic:
Crime, International Law, International Trade and Finance, and Weapons of Mass Destruction
Political Geography:
United States, Iraq, and Iran

288. Home Computers and Educational Outcomes: Evidence from the NLSY97 and CPS

Author:
Daniel O. Beltran, Kuntal K Das, and Robert W. Fairlie
Publication Date:
11-2008
Content Type:
Working Paper
Institution:
Board of Governors of the Federal Reserve System
Abstract:
Although computers are universal in the classroom, nearly twenty million children in the United States do not have computers in their homes. Surprisingly, only a few previous studies explore the role of home computers in the educational process. Home computers might be very useful for completing school assignments, but they might also represent a distraction for teenagers. We use several identification strategies and panel data from the two main U.S. datasets that include recent information on computer ownership among children -- the 2000-2003 CPS Computer and Internet Use Supplements (CIUS) matched to the CPS Basic Monthly Files and the National Longitudinal Survey of Youth 1997 -- to explore the causal relationship between computer ownership and high school graduation and other educational outcomes. Teenagers who have access to home computers are 6 to 8 percentage points more likely to graduate from high school than teenagers who do not have home computers after controlling for individual, parental, and family characteristics. We generally find evidence of positive relationships between home computers and educational outcomes using several identification strategies, including controlling for typically unobservable home environment and extracurricular activities in the NLSY97, fixed effects models, instrumental variables, and including future computer ownership and falsification tests. Home computers may increase high school graduation by reducing non-productive activities, such as truancy and crime, among children in addition to making it easier to complete school assignments.
Topic:
Crime, Education, and Science and Technology
Political Geography:
Global Focus

289. Africa's missing billions: International arms flows and the cost of conflict

Publication Date:
10-2007
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
For the first time, IANSA, Oxfam, and Safeworld have estimated the economic cost of armed conflict to Africa's development. Around $300bn since 1990 has been lost by Algeria, Angola, Burundi, Central African Republic, Chad, Democratic Republic of Congo (DRC), Republic of Congo, Côte d'Ivoire, Djibouti, Eritrea, Ethiopia, Ghana, Guinea, Guinea-Bissau, Liberia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Sudan and Uganda.
Topic:
Arms Control and Proliferation, Crime, and Treaties and Agreements
Political Geography:
Africa, Ethiopia, Nigeria, Rwanda, and Ghana

290. Discourses on Violence in Costa Rica, El Salvador and Nicaragua: National Patterns of Attention and Cross-border Discursive Nodes

Author:
Anika Oettler
Publication Date:
12-2007
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
It has become common to state that youth gangs and organized crime have seized Central America. For theories on contemporary Central American violence, Costa Rica, El Salvador and Nicaragua present important test cases, demonstrating the need to differentiate the diagnosis. First, national discourses on violence differ from country to country, with varying threat levels, patterns of attention, and discursive leitmotivs. Second, there are border-crossing discursive nodes such as the mara paradigm, the perception of grand corruption, and gender-based violence tied to cross-national, national or sub-national publics. The paper explores the ambiguity and plurivocality of contemporary discourses on violence, emanting from a variety of hegemonic and less powerful publics.
Topic:
Conflict Resolution, Corruption, and Crime
Political Geography:
Central America