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131. Local Priorities, Universal Priorities, and Enabling Harm

Author:
Christian Barry
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
"National communities," Michael Ignatieff writes in his thoughtful essay on the prospects for a global ethic, "have some good reasons, as well as some not so good ones, to privilege local ahead of universal priorities and interests." And he goes on to explain the clash of local and universal priorities as rooted in a conflict between the values of "justice and democracy." I would rather suggest that the conflict is an internal one-a conflict inherent in our thinking about what justice requires. But in any case, he is surely right that providing a compelling account of how to distinguish good from bad reasons for privileging local priorities, and identifying how weighty the good reasons for local priorities are, is fundamental to developing a plausible global ethic.

132. A Global Ethic and the Hybrid Character of the Moral World

Author:
Nicholas Rengger
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
In the lead essay of this symposium, Michael Ignatieff offers a characteristic blend of philosophical acuteness and political good sense on a topic that, we can all agree, is central to many of the most important questions on the contemporary political and international agenda. His analysis is prescient, challenging, and deserves pondering at some length; thus, in this short response I cannot deal with it in anything like the detail it deserves. But the enforced brevity is perhaps an advantage as well, in that it forces me to concentrate on where I differ from Ignatieff and on my own sense of what we might imply when we use such a term as "a global ethic."

133. Toward a Global Ethic

Author:
David Rodin
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
We are one humanity, but seven billion humans. This is the essential challenge of global ethics: how to accommodate the tension between our universal and particular natures. This tension is, of course, age-old and runs through all moral and political philosophy. But in the world of the early twenty-first century it plays out in distinctive new ways. Ethics has always engaged twin capacities inherent in every human: the capacity to harm and the capacity to help. But the profound set of transformations commonly referred to as globalization-the increasing mobility of goods, labor, and capital; the increasing interconnectedness of political, economic, and financial systems; and the radical empowerment of groups and individuals through technology-have enabled us to harm and to help others in ways that our forebears could not have imagined. What we require from a global ethic is shaped by these transformative forces; and global ethics-the success or failure of that project-will substantially shape the course of the twenty-first century.
Topic:
Economics, Globalization, and Politics

134. The Dialogue of Global Ethics

Author:
Cheyney Ryan
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The message of Michael Ignatieff's reflections on reimagining a global ethic is a comforting one for political philosophers. It is vital, he writes, for philosophers to keep doing what they have been doing: addressing the injustices of globalization from a perspective of strict impartiality that treats every human being as the object of equal moral concern. Philosophers should continue to elaborate this "one world" perspective against those partial perspectives arising from the claims of one's particular country or particular religious faith. But their aim should not be to replace the one with the other, but to prompt an ongoing critical dialogue in which more particularistic doctrines of country or faith are called to justify themselves before the one-world ethic's impartial standards-thus prompting the kind of critical self-reflection that is essential to moral change. And in so doing, the one-world ethic cannot be uncritical of itself, for there are different ways of conceiving a global ethic, each of which must answer to the others.

135. A Brief Response to Michael Ignatieff

Author:
Michael Joseph Smith
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
In his elegant essay on the tension between a singular global ethic and global ethics in the plural, Michael Ignatieff invites us to "think harder about the conflicts of principle between them." He is certainly right that harder thinking is needed: advocates of both versions of a global ethic sometimes seem locked into mutual self-righteousness. What we might call singular, or universal, ethicists often accuse pluralists of parochial atavism, while the partisans of plural, usually national, ethics think that the universalists are naive at best, arrogant at worst. Both are utterly convinced that they are right.

136. Introduction

Author:
Antonio Franceschet
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Within a short period the International Criminal Court (ICC) has become central to world politics. The dramatic diplomatic process that produced the Rome Statute in 1998 was followed by an unexpectedly rapid succession of state ratifications and the establishment of the court in 2002. As of late 2011 the ICC has indicted twenty-six individuals related to seven official investigations, all in Africa. Proceedings against one of these individuals were dismissed. Two other indictments, including one for Libya's Muammar Qaddafi, became moot because the individuals were killed before arrest or trial. The remaining list includes a sitting head of state, Sudanese president Omar al-Bashir, as well as Kenya's sitting deputy prime minister, Uhuru Kenyatta. The United Nations Security Council referred both the Sudan and Libya situations to the court; three African states requested investigations of their own situations. The ICC prosecutor independently started an investigation in Kenya. Despite efforts by Kenyan state officials to halt ICC proceedings related to the widespread violence and killings following the 2007 national elections, opinion polls suggest that 73 percent of Kenyans want the ICC to remain involved.
Topic:
Security
Political Geography:
Kenya, Africa, Sudan, Libya, and United Nations

137. Why the ICC Should Operate Within Peace Processes

Author:
Kenneth A. Rodman
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Is it ethical for the prosecutor at the International Criminal Court (ICC) to consider political factors, such as peace processes, in selecting situations to investigate or cases to prosecute? During the early years of the court, a number of documents and statements from the Office of the Prosecutor (OTP) suggested that there were occasions when it was. Two OTP policy papers issued in 2003 recommended that the prosecutor assess "all circumstances prevailing in the country or region concerned, including the nature and stage of the conflict and any intervention by the international community," and whether prosecution might "exacerbate or otherwise destabilize a conflict situation." In the same spirit, the ICC's chief prosecutor, Luis Moreno-Ocampo, referred to his decision-making as a "dialogue between many actors" with a "strategic dimension . . . [that] involves all stakeholders." This language suggested a process of consultation and coordination with local and international actors involved in conflict resolution to adapt international criminal justice to on-the-ground political realities.
Topic:
Conflict Resolution and Peace Studies

138. The ICC's Potential for Doing Bad When Pursuing Good

Author:
Benjamin Schiff
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The International Criminal Court (ICC) seeks to end impunity for the atrocity crimes of genocide, crimes against humanity, war crimes, and, eventually, crimes of aggression. My contribution to this discussion takes a consequentialist view to outline ethical hazards confronting the court. Since the ICC has only recently begun to operate, with its first suspect, Thomas Lubanga Dyilo of the Democratic Republic of Congo, arriving in The Hague in 2006 and his trial completed only in the fall of 2011 (and awaiting a verdict in 2012), it is too early to reach a general appraisal of the court's effects.
Political Geography:
Democratic Republic of the Congo

139. Why the International Criminal Court Must Pretend to Ignore Politics

Author:
Michael J. Struett
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Since the International Criminal Court (ICC) prosecutes crimes of mass violence that are inherently political in nature, its actions will inevitably have political consequences about which the prosecutor and judges should be as well informed as possible. As some of the other contributors to this roundtable note, the ICC's actions and inactions may even have life-and-death consequences in the real world. It is ethically irresponsible for the ICC's officers to ignore those concerns. At the same time, the court's moral and legal authority derives entirely from its claim that it applies universal rules wherever it has jurisdiction. In order for the International Criminal Court to build legitimacy over time, it must both act and be seen to act in a neutral way that transcends political pressures. Rule-of-law courts do not derive their authority from their ability to command the use of force. Nor do they have the legitimacy of elected political officials who act as the representatives of a political community. The legitimacy of courts is a function of their claim to uphold universal rules of law that the community has chosen to adopt, regardless of whether doing so is popular or even prudent in a particular case with particular constituencies. Consequently, court officers in their formal actions-including prosecutorial requests for investigations, issuing arrest warrants, and filing charges, as well as in the judges' decisions on those questions-should always ground the rationale for their decisions in the pretense that they act only to uphold the law and without regard for political considerations.

140. The International Criminal Court's Provisional Authority to Coerce

Author:
Antonio Franceschet
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states.
Topic:
Genocide
Political Geography:
Yugoslavia, United Nations, and Lower Dir