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861. 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

862. Changing State Behaviour: Damages before the European Court of Human Rights

Author:
Veronika Fikfak
Publication Date:
10-2018
Content Type:
Journal Article
Abstract:
Regardless of the efforts undertaken through the many reforms of the European Convention on Human Rights system, non-compliance with the judgments of the European Court of Human Rights (ECtHR) remains a major problem for the Council of Europe. This article asks how we can change state behaviour and what role, if any, could damages play in this context. First, the article focuses on how the choice of remedy affects compliance and why aggravated or punitive damages look like an ideal option to nudge states into compliance. I explore recent arguments by scholars and judges who argue that the ECtHR should actively shift its approach (or perhaps already has) to nudge state behaviour towards compliance and prevention of future violations. Based on my empirical research, I show that the current case law presents several obstacles to the introduction of such damages. Building on the economic analysis of the law and insights from behavioural sciences, I reveal how the Court’s approach fails to comply with any of the elements needed to incentivize states to change their behaviour. I finally question to what extent aggravated or punitive damages can be efficient within a system that relies on voluntary compliance.
Topic:
Human Rights, International Law, Reform, and Courts
Political Geography:
Europe and France

863. Grasping Power with Both Hands: Social Credit, the Mass Line, and Party Control

Author:
Samantha Hoffman
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
The CCP’s development of the ‘social credit’ system is another step in the Party’s long exploration of ways to fuse political control and economic prosperity. The expanding global reach of China’s economy means that social credit’s fusion of social and political control will also be used to bend entities outside China’s borders towards the Party’s political objectives. Dozens of international airlines, including four US airlines, recently discovered what this means in practice.
Topic:
International Relations, Economy, Ideology, and Surveillance
Political Geography:
China and United States of America

864. Risky Business: A Case Study of PRC Investment in Tajikistan and Kyrgyzstan

Author:
Danny Anderson
Publication Date:
08-2018
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
China’s “New Silk Road” or “Belt and Road Initiative” (BRI) has reached Central Asia in resounding fashion. As a result, the republics of Tajikistan and Kyrgyzstan have seen large increases in Chinese presence and investment. Although both countries have overlapping needs, the degree and character of PRC involvement in each has differed. PRC investment in Tajikistan is characterized by expensive loans on infrastructure investment and energy projects that the country may be unable to repay (Avesta.tj, December 25, 2017). Kyrgyzstan, while having hosted similar projects, is also attempting to move the country into the twenty-first century by improving its transportation and digital infrastructure (Tazakoom.kg). Development experts classify both countries as “high-risk” for debt distress given public debt projections (Cgdev.org). However, despite the risk of such an outcome, both countries appear inclined to welcome PRC investment with open arms, as a way of funding needed investment like power generation and logistical links with the outside world.
Topic:
Development, Infrastructure, Economic growth, and Soft Power
Political Geography:
Russia, China, Central Asia, Kyrgyzstan, and Tajikistan

865. Censorship, Geopolitical Time Bombs, and China’s Islamophobia Problem

Author:
Matt Schrader
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
China has a serious and worsening Islamophobia problem. While relations between China’s Muslim minorities and its Han majority have been fraught since 2009’s deadly inter-ethnic riots in the far western city of Urumqi, recent years have seen the normalization of online hate speech directed at Muslims. The rise of Islamophobia inside China is a product both of government action, and of the government’s failure to act. Commentary on the recent death of a prominent Muslim leader in the western province of Qinghai highlights the extent to which the situation has deteriorated, and suggests the ways in which China’s warped online discourse could blunt its efforts to build influence and win friends in countries across the Muslim world.
Topic:
Demographics, Ethnic Conflict, Islam, Geopolitics, and Islamophobia
Political Geography:
China and Gulf Nations

866. Why India Won’t Play Its ‘Tibet Card’

Author:
Sudha Ramachandran
Publication Date:
05-2018
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Upon coming to power in May 2014, the Bharatiya Janata Party (BJP) adopted a more muscular approach to China than its predecessors. As part of this, it was not averse to using the Dalai Lama and the CTA to gain leverage in its dealings with China. Its recent move to put distance between itself and Dharamsala reflects an understanding that playing the ‘Tibet card’ brought India no benefits. In fact, the failure of the BJP’s four-year gambit reaffirms what many Indian diplomats and scholars have been saying for decades: there is no ‘Tibet card’ for India to play.
Topic:
International Relations, Diplomacy, Bilateral Relations, and Territorial Disputes
Political Geography:
China, India, Asia, and Tibet

867. Can China Realize Africa’s Dream of an East-West Transport Link?

Author:
Cobus van Staden
Publication Date:
04-2018
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Several ambitious schemes have been proposed to link Africa’s east and west coasts, some of which are closer to full realization than others. Most notable in this respect is a plan to expand the existing Trans-African Highway 5 (TAH5) into a true cross-continental road and rail link, the early stages of which China has helped bring to fruition where Western consortiums failed. Likewise, Chinese investment in African infrastructure through Beijing’s ambitious Belt and Road Initiative (BRI) may help create expanded sub-regional linkages, particularly in East Africa, that could help facilitate the emergence of an eventual, true East-West link in the long term. However, in the short-to-mid-term, the obstacles to a truly robust set of East-West transport links are formidable, and it is unlikely that China’s involvement will be a panacea.
Topic:
Development, International Trade and Finance, Infrastructure, and Soft Power
Political Geography:
Africa, China, and Asia

868. Diagnosing the First Democratic Regime in Afghanistan: Human Rights Perspective

Author:
Satnam Singh Deol and Amandeep Kaur Sandhu
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The constant presence of undemocratic regimes, insurgencies and political instability in Afghanistan has continuously resulted into the miserable status of civil and political human rights. Furthermore, the heterogeneous nature of Afghan society and economic under development have deprived the people of social, cultural and economic rights. In 2004, democratic government had been established in Afghanistan under the presidentship of Hamid Karzai. Very obviously, the people at domestic level as well as the international community expected from the democratically elected regime to take concrete initiatives for the promotion and protection of human rights. The study observes that the pioneer democratically elected government of Afghanistan had taken all constitutional measures and legal provisions for the promotion and protection of human rights in Afghanistan which can be expected from a democratic nation. But several political, socio-ethnic and socio-economic circumstances such as frequent violence due to insurgency and counter-insurgency operations, dearth of popular legitimacy to the regime, challenges to political instability along with the orthodox and heterogeneous society, facing acute economic underdevelopment have hampered the actual process of the promotion and protection of human rights in Afghanistan.
Topic:
Human Rights, Insurgency, Counterinsurgency, Taliban, Military Intervention, Conflict, and Violence
Political Geography:
Pakistan, Afghanistan, South Asia, Central Asia, and Punjab

869. Cyber-Threats to Strategic Networks: Challenges for Pakistan’s Security

Author:
Rizwan Naseer and Musarat Amin
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Nuclear weapons revolutionized security affairs after Hiroshima and Nagasaki annihilation. States went nuclear eventually after the United States, Russia, UK, France and China but India and Pakistan joined that exclusive club too in 1974 and 1998 respectively. Nuclear weapons a source of security motivated Israel, Iran and North Korea too. Another development that started undermining nuclear security itself was cyber warfare. Pakistan being developing country in the list of Global Innovation Index finds it hard to catch up with other leading nations in science and technology. Leading countries including US, Russia, China, UK, Germany, France etc are not safe from cyber-threats they face then how Pakistan can be considered safe against cybersabotaging to its strategic weapons. Pakistan‟s nuclear security though has gained better levels but cyber security is the field that requires comprehensive strategy to establish cyber nuclear doctrine. China being reliable strategic partner can be a resourceful partner unlike other great powers. This strategy would add much security to Pakistan‟s already existing nuclear security and would open new avenues of cooperation with international organizations to gain next milestone of Nuclear Suppliers‟ Group membership.
Topic:
Nuclear Weapons, Science and Technology, Nuclear Power, Cybersecurity, Internet, and Grand Strategy
Political Geography:
Pakistan, South Asia, India, and Punjab

870. Exploring the Awareness of China Pakistan Economic Corridor: A Stakeholder’s Perspective

Author:
Fouzia Hadi Ali and Aban Abid Qazi
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The purpose of this paper is to examine the prospects of China Pakistan Economic Corridor (CPEC) from a stakeholder’s perspective. The identification and communication of stakeholders can play a vital role in identifying the perceptions of all who are directly or indirectly involved in a project. Moreover, this study focuses on the general nature of stakeholders and their awareness about the mega project. An exploratory study was conducted through a structured survey instrument to tap the awareness and opinions of the stakeholders connected to the likely benefits of CPEC. The results revealed interesting findings relating to their opinions about CPEC. The study further suggests some important implications and future directions to introduce an inclusive approach to mitigate the misconceptions about CPEC.
Topic:
Development, International Cooperation, Infrastructure, Economy, and Economic growth
Political Geography:
Pakistan, China, South Asia, and Punjab