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31. The Responsibility to Protect beyond Borders in the Law of Nature and Nations

Author:
Luke Glanville
Publication Date:
10-2017
Content Type:
Journal Article
Abstract:
While histories of human rights have proliferated in recent decades, little attention has been given to the history of thinking about duties to protect these rights beyond sovereign borders. We have a good understanding of the history of duties of sovereign states to ensure the safety and well-being of their own citizens and of the right of other states to forcefully intervene when these duties are violated. But the story of the development of thinking about duties to assist and protect the vulnerable beyond borders remains to be told. This article defends the importance of excavating and examining past thinking about these duties. It then sketches key aspects of Western natural law thinking about such duties, from Francisco de Vitoria through to Immanuel Kant, claiming that such study holds the promise of exposing from where ideas that prevail in international law and politics have come and retrieving alternative ideas that have been long forgotten but that may reward renewed consideration. It concludes by briefly outlining how three such retrieved ideas might be of particular use for those seeking to push international law and politics in a more just direction today.
Topic:
Human Rights, International Law, Sovereignty, History, Humanitarian Intervention, and Philosophy
Political Geography:
Europe and Global Focus

32. Yemen: drained, uncertain, and ignored – a series on Yemen, part 3

Author:
Mohamed Saleh
Publication Date:
01-2017
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 series of essays on Yemen highlighting the magnitude and impact of the civil war on Yemenis. Yemen is located on the southern edge of the Arabian peninsula, with the Red Sea and Egypt to its west, the Gulf of Aden and the Horn of Africa to its south, Oman on its northeastern border, and Saudi Arabia along its northern border. Once benign representations of Yemen’s geography and sovereignty, those borders now symbolize nothing but profound anguish. The edges outlining a nation whose people remain imprisoned while waiting for life-saving aid which may not come. What at one point was a country grappling with the contradictions of 21st century development and economic growth has been bombed so viciously and blockaded so resolutely that close to a million of its inhabitants may die from a disease easily cured by oral rehydration therapy – a medical expression for treatment by purified water and modest amounts of sugar, salt, and zinc supplements. Condiments and a few bottles from a local pharmacy in any European country, and water. That is all. And yet the international community continues to watch in horror, its reaction anemic, its response stunted.
Topic:
Civil War, War, Arab Spring, Humanitarian Intervention, and International Community
Political Geography:
Iran, Middle East, Yemen, Saudi Arabia, United States of America, and Gulf Nations

33. Moral Obligation: UN Missions Should Not Abandon Vulnerable Civilians in Critical Times

Author:
Kofi Nsia- Pepra
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
Global Peace Operations Review
Abstract:
United Nations (UN) missions’ inaction in response to civilian killings by government troops in Darfur, South Sudan, and the Democratic Republic of Congo (DRC) has precipitated international outcry and raised concerns on viability of UN missions in fulfilling their civilian protection mandates. In all these cases, peacekeepers are trapped in quagmires where violence is endemic and operations are flawed. The tragedy is that the principle of peacekeeping that requires host country consent has left the UN entangled in relationships with obstructionist governments guilty of civilian killings. Without the governments’ cooperation, peacekeepers have been reduced to bystanders and struggled to fulfill their protection mandates while civilians are killed. The UN has a dilemma when its peace operations are not working. Some suggest it should “walk away” from such failed missions, but the system is haunted by its failures to protect civilians in Rwanda and Srebrenica. The UN should think twice about withdrawing. Member states have a commitment to the “responsibility to protect” and “saving the next generation from the scourge of war”. Abandoning vulnerable civilians would be a moral failure, embolden spoilers, perpetuate the cycle of impunity, and implicitly condone conscience-shocking atrocities that undermine the organization’s credibility and legitimacy. A better way forward is to deepen the analysis of operational deficiencies that undermine the robustness of UN missions and strengthen their ability to protect civilians.
Topic:
United Nations, Humanitarian Intervention, Peace, Civilians, and Morality
Political Geography:
Africa, Darfur, South Sudan, and Democratic Republic of Congo

34. Harvard Journal of Middle Eastern Politics and Policy: Spring 2016

Author:
Kristin A. Wagner, Satgin Hamrah, Benjamen Franklen Gussen, Robert Mason, Robert Maguire, Adi Saleem Bharat, Lauren Fisher, Joseph Sadek, Dalia Ghanem-Yazbek, and Serhat S. Çubukçuoğlu
Publication Date:
01-2016
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:
Our Spring 2016 volume encapsulates the dangerous developments in MENA over the course of the past year. While the international community hoped for a resolution to the five-year Syrian Civil War, the conflict has further divided the region into a sectarian split, pitting Shia Iran and the Sunni gulf states on opposing sides. Additionally, Russia’s brief military intervention, finally winding down as of March 2016, has further destabilized the country and significantly increased the flow of refugees into the heartland of Europe. With the November 2015 Paris attacks, the threat of the so-called Islamic State (Daesh) to the west was finally realized, calling into question ongoing efforts to counter violent extremism, as well as to resolve the Syrian Civil War. Meanwhile, Turkey’s increasing two-front war against the Kurdistan Workers’ Party (PKK) and Daesh has resulted in a series of deadly terrorist attacks throughout the country, putting further pressure on Turkish leadership to both find a solution to the Kurdish question and stem the refugee flow transiting northward from Syria. It is through this lens that the Spring 2016 edition has been crafted. With conflict and instability abound, we present first an exclusive interview with Speaker of the Iraqi Parliament Salim al-Jabouri. On a more positive note, JMEPP also interviewed Tunisia’s Minister of Economic Infrastructure and Sustainable Development, Hedi Larbi, on Tunisia’s relative stability and success in its post-Jasmine Revolution transition. This year’s featured articles include Robert Mason’s assessment of the Saudi leadership and the perilous position it now finds itself in, both geopolitically and domestically; and Serhat S. Çubukçuoğlu’s eyes on Turkey’s natural gas ambitions as being linked to settling the Cypriot peace talks, as well as re-establishing partnerships with its regional neighbors in the eastern Mediterranean. Benjamen Franklen Gussen creates a new picture of a geographically reoriented Middle East, while Dylan MaGuire analyzes the no-fly zone option in Syria, with a look back to previous operations in Iraq and Libya. Focusing on gender, Dr. Dalia Ghanem-Yazbeck looks at integration and inclusion of women in Algeria’s military, yet presents a critique on its superficiality. With an eye on Turkey’s destabilized southern border region, Joseph Sadek provides commentary on the political and geostrategic jostling between Turkey and its Kurdish population, as well as the complex relationships between Turkey, the PKK, and Syrian People’s Protection Units (YPG) rebels. Turning to terrorism, Lauren Fisher presents an argument against the stovepipe methodology of countering violent extremism by exploring the complexities behind the topic. Finally, we conclude with a literature review by Adi Saleem Bharat on the Boycott, Divest, Sanction (BDS) movement as it pertains to academia.
Topic:
Conflict Resolution, Conflict Prevention, Security, Development, Gender Issues, Peace Studies, Infrastructure, Armed Forces, Violent Extremism, Women, Radicalization, Islamic State, Political stability, Arab Spring, Humanitarian Intervention, Syrian War, Negotiation, Kurds, and BDS
Political Geography:
Iraq, Israel, Libya, Palestine, Algeria, Saudi Arabia, Syria, Tunisia, and Cyprus

35. Swedish Feminist Foreign Policy in the Making: Ethics, Politics, and Gender

Author:
Karin Aggestram and Annika Bergman-Rosamond
Publication Date:
09-2016
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
In 2015 the world’s first self-defined feminist government was formed in Sweden. As part of that ambitious declaration, Sweden also became the first state ever to publicly adopt a feminist foreign policy, with a stated ambition to become the "strongest voice for gender equality and full employment of human rights for all women and girls." To be sure, launching a feminist foreign policy is a radical policy change. At the same time, this policy is embedded in the broader global efforts to promote gender equality in the international arena, which we have seen evolving over the past few decades in the aftermath of the adoption of United Nations Security Council Resolution 1325. The resolution "reaffirms the important role of women in the prevention and resolution of conflicts, peace negotiations, peace-building, peacekeeping, humanitarian response, and in post-conflict reconstruction and stresses the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security."
Topic:
Foreign Policy, Gender Issues, United Nations, Peacekeeping, Humanitarian Intervention, and Feminism
Political Geography:
Europe and Sweden

36. Understanding "The Political Marketplace" and the Roots of Persistent Conflict: An Interview with Professor Alex de Waal

Author:
Alex de Waal
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
As the Executive Director of the World Peace Foundation, Professor Alex de Waal is considered one of the foremost experts on Sudan and the Horn of Africa. His scholarly work and practice has also probed humanitarian crisis and response, human rights, HIV/AIDS and governance in Africa, and conflict and peace-building. In 1988, he received a D.Phil. in social anthropology at Nuffield College, Oxford for his thesis on the 1984-5 Darfur famine in Sudan. He was the first chairman of the Mines Advisory Group at the beginning of the International Campaign to Ban Landmines. He set up two independent human rights organizations, African Rights (1993) and Justice Africa (1999), focusing respectively on documenting human rights abuses and developing policies to respond to human rights crises, notably in Rwanda, Somalia and Sudan. From 1997 to 2001, he focused on avenues to peaceful resolution of the second Sudanese Civil War. In 2001, he returned to his work on health in Africa, writing on the intersection of HIV/AIDS, poverty and governance, and initiated the Commission on HIV/AIDS and Governance in Africa. During 2005-06, deWaal was seconded to the African Union mediation team for Darfur and from 2009-11 served as senior adviser to the African Union High-Level Implementation Panel for Sudan. He was on the list of Foreign Policy’s 100 most influential public intellectuals in 2008 and Atlantic Monthly’s 27 “brave thinkers” in 2009.
Topic:
Economics, Human Rights, Politics, Humanitarian Intervention, and Conflict
Political Geography:
Africa, Sudan, Darfur, and Ethiopia

37. Applying the Extra-Legal Measures Model to Humanitarian Interventions: A Reply to Devon Whittle

Author:
Oren Gross
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
In ‘The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action’, Devon Whittle analogizes the United Nations Security Council’s Chapter VII powers to domestic emergency powers. He then seeks to apply the extra-legal measures (ELM) model of emergency powers, which I developed some 20 years ago, to exercise by the Council of its Chapter VII powers. This brief comment seeks to expand the discussion of ELM in international affairs beyond the collective security system by exploring the application of ELM in the setting of unilateral humanitarian intervention.
Topic:
International Law, Treaties and Agreements, United Nations, International Security, and Humanitarian Intervention
Political Geography:
Europe, Kosovo, United Nations, and Syria

38. The International Civil Servant in Theory and Practice: Law, Morality, and Expertise. Review of Carsten Stahn and Henning Melber (eds). Peace Diplomacy, Global Justice and International Agency: Rethinking Human Security and Ethics in the Spirit of Dag Hammarskjöld; Roger Lipsey. Hammarskjöld: A Life; Lise Namikas. Battleground Africa: Cold War in the Congo, 1960–1965; Anne Orford. International Authority and the Responsibility to Protect

Author:
Guy Fiti Sinclair
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Reflecting upon the ambiguous relationship between international civil servants and international law in both theory and practice, this review essay examines several recent books that address the life and legacy of Dag Hammarskjöld, the second Secretary-General of the United Nations. Drawing upon recent theoretical work regarding international organizations, the essay argues that the authority of international civil servants should be understood as operating through three distinct yet interconnected modalities of discourse and practice: legal, moral and expert. Moreover, a comprehensive account of the authority exercised by international civil servants must take account of how they respond to any tensions that arise between their bases of authority as well as of their shifting relations with other ‘global governors’. The essay considers the depiction of Hammarskjöld by each of the books under review, highlighting the sometimes overlooked interconnections between the different sources of authority upon which he drew and suggesting some starting points for an alternative, integrated account of his thought and practice.
Topic:
Civil Society, Diplomacy, International Law, International Organization, and Humanitarian Intervention
Political Geography:
Africa and Europe

39. Soldiers, Civilians, and Multilateral Humanitarian Intervention

Author:
Stefano Recchia
Publication Date:
06-2015
Content Type:
Journal Article
Journal:
Security Studies
Institution:
Security Studies
Abstract:
Approval from the United Nations or NATO appears to have become a necessary condition for US humanitarian military intervention. Conventional explanations emphasizing the pull of legitimacy can- not fully account for this given that US policymakers vary consider- ably in their attachment to multilateralism. This article argues that America’s military leaders, who are consistently skeptical about humanitarian intervention and tend to emphasize its costs, play a central role in making multilateral approval necessary. As long as top-ranking generals express strong reservations about intervention and no clear threat to US national security exists, they can veto the use of force. In such circumstances, even heavyweight “humani- tarian hawks” among the civilian leadership, who initially may have wanted to bypass multilateral bodies to maximize US freedom of action, can be expected to recognize the need for UN or NATO approval—if only as a means of mollifying the generals by reas- suring them about the prospect of sustained multilateral burden sharing. Two case studies drawing on interviews with senior civil- ian and military officials illustrate and probe the plausibility of the argument.
Topic:
Security, NATO, Humanitarian Intervention, Multilateralism, and Civil-Military Relations
Political Geography:
United States, Europe, and North America

40. State Responsibility for Non-State Actors That Detain In The Course of a NIAC

Author:
Emily Chertoff, Lara Dominguez, Zak Manfriedi, and Peter Tzeng
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This white paper addresses three questions that arise when a non-state actor that is receiving assistance from a state actor in a non-international armed conflict engages in detention activities: (1) Under international law, when does a non-state actor have the authority to detain individuals captured in the course of a non-international armed conflict? (2) When does a state providing assistance to a non-state actor become responsible under international law for the non- state actor’s actions? (3) Assuming such responsibility exists, what actions must the state take if it believes the non-state actor may engage in human rights abuses or violations of the law of armed conflict? In response to the first question, neither the Geneva Conventions nor customary international humanitarian law provides a legal basis for non-state actors to detain captured individuals in non-international armed conflicts. However, international humanitarian law also does not expressly prohibit non-state actors from detaining individuals. Instead, it regulates the conditions of detention. If non-state actors comply with Common Article 3 of the Geneva Conventions and relevant provisions of the Second Additional Protocol, detention by armed groups in non-international armed conflict does not violate an explicit provision of international humanitarian law. As long as detention is not arbitrary, internment by non-state actors is also unlikely to constitute the war crime of unlawful confinement. In response to the second question, under agency-based theories of the state responsibility doctrine, actions of non-state actors may be directly attributed to the state if (1) the state exercises either strict or overall control over the non-state actor such that the group operates as a de jure or de facto state organ or (2) the state exercises effective control over a specific operation undertaken by the non-state actor. Additionally, to the extent Common Article 1 requires states to ensure that all parties to an armed conflict respect the Geneva Conventions, it may create an alternative and additional source of state liability for the actions of non-state actors. Finally, in response to the third question, this white paper recommends a series of ex ante and ex post measures states can adopt when engaging with a non-state actor. These include, vetting, training, acquiring written agreements, providing punishment frameworks, and ceasing support when actors commit violations of IHL. Since existing jurisprudence does not contemplate mitigation of state responsibility for the conduct of non-state actors, it is difficult to assess to what extent any of the proposed measures would limit the state’s liability. Nevertheless, states adopting these recommendations will both make violations less likely and be more likely to discharge their duties under international humanitarian and human rights law. By taking ex ante measures designed to prevent violations and creating ex post incentives for non-state partners to comply with IHL norms, states reduce the risk armed groups will engage in detention practices that violate international law.
Topic:
International Law, Non State Actors, Humanitarian Intervention, and Armed Conflict
Political Geography:
Global Focus