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21. Disrupting the Supply Chain for Mass Atrocities

Publication Date:
07-2011
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
Mass atrocities are organized crimes. Those who commit genocide and crimes against humanity depend on third parties for the goods and services—money, matériel, political support, and a host of other resources—that sustain large-scale violence against civilians. Third parties have supplied military aircraft used by the Sudan Armed Forces against civilians, refined gold and other minerals coming out of eastern Democratic Republic of the Congo, and ensured a steady flow of arms into Rwanda. Governments seeking to prevent atrocities cannot afford a narrow and uncoordinated focus on the perpetrators of such violence. Rather, an effective strategy must include identifying and pressuring third-party enablers— individuals, commercial entities, and countries—in order to interrupt the supply chains that fuel mass violence against civilians.
Topic:
Political Violence, Crime, Ethnic Conflict, Genocide, Human Rights, and Human Welfare
Political Geography:
Africa, Democratic Republic of the Congo, and Rwanda

22. Habeas Works: Federal Courts' Proven Capacity to Handle Guantánamo Cases

Publication Date:
06-2010
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
Habeas is working. The judges of the U.S. District Court for the District of Columbia have ably responded to the Supreme Court's call to review the detention of individuals at Guantánamo Bay, Cuba. As former federal judges, many of us expressed our confidence as amici in Boumediene v. Bush that courts are competent to resolve these cases. We write now to affirm that our confidence has been vindicated. While we take no position on particular cases, a review of the District Court's treatment of the Guantánamo litigation convinces us that the court has effectively developed a consistent, coherent, and stable jurisprudence.
Topic:
Human Rights, Terrorism, War, and Law
Political Geography:
United States and Cuba

23. 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

24. Fixing Bagram: Strengthening Detention Reforms to Align with U.S. Strategic Priorities

Author:
Sahr MuhammedAlly
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
Eight years after launching Operation Enduring Freedom (OEF) in Afghanistan—with a mission to kill and capture “high-value” al Qaeda and Taliban members and destroy the safe havens from which al Qaeda planned and directed the 9/11 attacks—the United States government has announced several significant detention reforms in Afghanistan. Human Rights First has closely monitored U.S. detention policies and practices since September 11, 2001. In this paper, we analyze the new detention reforms announced in September 2009 and make recommendations for further improvement in U.S. detention practices in line with U.S. policy interests and legal obligations. We base our recommendations on an analysis of the applicable humanitarian and human rights law and field visits to Afghanistan.
Topic:
Political Violence, Human Rights, Terrorism, War, and Prisons/Penal Systems
Political Geography:
Afghanistan, United States, and Taliban

25. Denial and Delay: The Impact of the Immigration Law's "Terrorism Bars" on Asylum Seekers and Refugees in the United States

Author:
Anwen Hughes
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IMMIGRATION LAWS that target individuals who have engaged in or supported the commission of terrorist acts serve two very legitimate goals: to exclude from the United States people who threaten our national security, and to penalize people who have engaged in or supported acts of violence that are inherently wrongful and condemned under U.S. and international law. Both of these purposes are consistent with the United States' commitment to protect refugees who have fled political, religious and other forms of persecution. Indeed, the 1951 Refugee Convention and its Protocol explicitly exclude from protection persons who have committed a range of serious crimes, including acts of terrorism. The Refugee Convention also allows a country to expel a refugee who poses a danger to its security, or who has been convicted of a particularly serious crime in that country and constitutes a danger to the community.
Topic:
Human Rights, Terrorism, Immigration, and Law
Political Geography:
United States

26. U.S. Detention of Asylum Seekers: Seeking Protection, Finding Prison

Author:
Eleanor Acer and Jessica Chicco
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IN MARCH 2003 , the U.S. Department of Homeland Security (DHS) took over responsibility for asylum and immigration matters when the former INS (Immigration and Naturalization Service) was abolished. With this transfer, DHS was entrusted with the duty to ensure that the United States lives up to its commitments to those who seek asylum from persecution. These commitments stem from both U.S. law and international treaties with which the United States has pledged to abide. Yet, those who seek asylum—a form of protection extended to victims of political, religious and other forms of persecution—have been swept up in a wave of increased immigration detention, which has left many asylum seekers in jails and jail-like facilities for months or even years.
Topic:
Human Rights and Immigration
Political Geography:
United States

27. Baseless Prosecutions of Human Rights Defenders in Colombia: In the Dock and Under the Gun

Publication Date:
02-2009
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
IN A CRIMINAL JUSTICE SYSTEM plagued by impunity, the tenacity with which Colombian prosecutors pursue human rights defenders for supposed crimes is striking. While corruption and arbitrary actions are a systemic problem throughout the judicial system, those who peacefully promote human rights are singled out for particular intimidation through baseless investigations and prosecutions. Unfounded charges are often widely publicized, undermining the credibility of defenders and marking them as targets for physical attack, often by paramilitary groups.
Topic:
Human Rights, Human Welfare, and Law
Political Geography:
Colombia and Latin America

28. Investing in Tragedy: China's Money, Arms, and Politics in Sudan

Publication Date:
03-2008
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In August, for the first time in history, China will host the Olympics. For Beijing, those will be days of pride, a chance to display its progress and bask in the world's admiration. But far from the splendor of the Summer Games, the people of a remote area in the largest nation in Africa—the people of Sudan's Darfur region—will endure more death, disease and dislocation, and this will be due in no small part to China's callousness. Craving energy to keep its economic miracle humming, Beijing has forged a strong partnership with the Sudanese government in Khartoum.
Topic:
Foreign Policy, Human Rights, and Weapons of Mass Destruction
Political Geography:
Africa, China, and Sudan

29. Losing Ground: Human Rights Defenders and Counterterrorism in Thailand

Author:
Eric Biel, Neil Hicks, and Michael McClintock
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
In the 1990s, Thailand led the way in democracy and human rights in Southeast Asia. The military largely withdrew from politics, allowing a stable democracy to develop in place of a succession of coups and military governments. The government strengthened its commitment to human rights through a new constitution in 1997 and ratification of four key international human rights instruments.
Topic:
Conflict Resolution, Political Violence, Democratization, Human Rights, and Armed Struggle
Political Geography:
Asia, Thailand, and Southeast Asia

30. In Liberty's Shadow: US Detention of Asylum Seekers in the Era of Homeland Security

Publication Date:
01-2004
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
When I set foot on American soil, I had finally reached the land of liberty, the land of peace, and I had a strong feeling of gratitude toward the Most High who had allowed me to escape death and to reach a life of freedom…. After completing my statement [at the airport]…[an] officer arrived with handcuffs. Then he handcuffed my wrists, but I sincerely thought this was a case of mistaken identity. Later on he explained to me that this was the established procedure. We left for [a county] prison. They put me in a cell where it was really cold, and I had no blanket with me. The idea of a land of liberty was beginning to be cast into serious doubt in my mind.
Topic:
Security, Government, Human Rights, and Terrorism
Political Geography:
United States and America