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151. Overdue Process: Protecting Human Rights while Sanctioning Alleged Terrorists

Author:
David Cortright, Alistair Millar, George A. Lopez, and Linda Gerber-Stellingwerf
Publication Date:
04-2009
Content Type:
Policy Brief
Institution:
Kroc Institute for International Peace Studies, University of Notre Dame
Abstract:
Practices used by the United Nations Security Council in the name of countering terrorism have led to serious concerns about violations of human rights and limitations on the work of civil society groups. The use of blacklisting has eroded due process rights and discredited elements of the international fight against terrorism. Enhanced efforts to create clear and fair listing procedures are urgently needed and long overdue.
Topic:
Civil Society, Human Rights, International Organization, Terrorism, and United Nations
Political Geography:
Europe and Taliban

152. Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary

Author:
Carmen Draghici
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Policy-makers, domestically and in international for a, tend to address counter- terrorism and human-rights protection in terms of competitive goals. In the post-9/11 political climate dominated by security concerns, the suppression of the financing of terrorism is given priority over suspects' rights. The current procedures established by the UN Security Council for the freezing of funds of terrorist suspects encroach upon several individual rights. The most severe infringement upon the rights of persons targeted by the UN sanctions derives from the lack of a secure avenue of appeal. The denial of access to justice has been fostered for several years by the deference of national and regional courts to the UN Security Council. Recent developments at European Union level demonstrate that judicial decisions can shape counter-terrorism policies.
Topic:
Human Rights, Terrorism, United Nations, and Counterinsurgency
Political Geography:
Europe

153. Incomplete Internalization and Compliance with Human Rights Law: A Reply to Ryan Goodman and Derek Jinks

Author:
Roda Mushkat
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
In a series of influential articles, Ryan Goodman and Derek Jinks, professors at Harvard Law School and University of Texas Law School respectively, have proposed a distinctly sociological approach to analysing compliance with human rights law. The conceptual framework which they have constructed for this purpose is grounded in the notion of acculturation, a well-established social process whose dynamics in the international legal context has been examined by the two authors in a multi-step fashion, featuring a progression from general model-building to elaborate responses to specific issues raised by critics. Their latest contribution on the subject falls predominantly into the latter category. It is entitled ' Incomplete Internationalization and Compliance with Human Rights Law ' and has been recently published in the European Journal of International Law .
Topic:
Human Rights and International Affairs
Political Geography:
Europe and Texas

154. The European Courts and the Security Council: Between Dédoublement Fonctionnel and Balancing of Values

Author:
Pasquale De Sena and Maria Chiara Vitucci
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the 'value oriented' approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this attitude. Basically, when different legal values are at stake, the need arises to strike a balance between them, as the ECJ has recently done in the appeal decision in the Yusuf and Kadi cases. Such a tendency, if consistently followed, could serve as a valuable instrument to find the correct equilibrium between the security interest and the need for respect of human rights.
Topic:
Security, Human Rights, and United Nations
Political Geography:
Europe

155. Evaluating and Comparing Strategies of Peacebuilding and Transitional Justice

Author:
Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peace building, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peace building remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peace building is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peace building activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peace building and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
Topic:
Political Violence, Human Rights, Peace Studies, and War
Political Geography:
Europe

156. The new wave of foreign policy activism in Turkey: drifting away from europeanization?

Author:
Ziya Öniş
Publication Date:
01-2009
Content Type:
Working Paper
Institution:
Danish Institute for International Studies
Abstract:
Currently, the prospects for Turkey's EU membership do not look very bright. With key chapters for negotiation already suspended, the government is likely to resume a loose Europeanization agenda. The counterpart of this in the foreign-policy realm is an approach based on 'soft Euro-asianism'. An attempt is also being made to develop friendly relationships with all neighboring countries, coupled with a mediating role in regional conflicts, but without the EU providing the main axis for foreign policy. The present report investigates the continuities and ruptures in Turkish foreign policy during the post-2002 AKP era. It attempts to identify the underlying reasons for the decline in enthusiasm for EU membership following the golden age of Europeanization and reforms during the early years of the AKP government. The report also points to internal and external political developments which may help to reverse the current drift away from Europeanization.
Topic:
Foreign Policy, Human Rights, Islam, and Regional Cooperation
Political Geography:
Europe, Turkey, and Asia

157. WSC 5: Protecting People, Economies, and Infrastructure

Author:
Christine Lynch, Devon Tucker, Michael Harvey, and Jacqueline McLaren Miller
Publication Date:
02-2009
Content Type:
Policy Brief
Institution:
EastWest Institute
Abstract:
Drawing on a diverse array of opinions from Africa, Asia, Europe, and North America, the EastWest Institute's Fifth Worldwide Security Conference brought together specialists from the spheres of policy, academia, and civil society. Participants addressed a variety of issues on the contemporary global security landscape. These ranged from specific security threats (whether illicit trade, the targeting of critical infrastructure or cyber crime) to the role of interested actors (such as business, NGOs, and media), as well as a focus on potential strategies to counter terrorism and extremism (either in terms of constructing global cooperative architectures or, more controversially, the possibility of opening dialogue with the terrorists). A variety of policy recommendations emerged from each session—detailed in the main body of the report—but there were several recurring themes binding the debate together and animating the core arguments of proceedings as a whole. These policy recommendations were not necessarily consensus recommendations but reflected a wide range of debated policy prescriptions.
Topic:
International Relations, Security, Economics, Education, Globalization, Human Rights, International Security, and Political Theory
Political Geography:
Africa, Europe, Asia, and North America

158. The Kurds in Syria: Fueling Separatist Movements in the Region?

Author:
Radwan Ziadeh
Publication Date:
04-2009
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Kurds in Syria have been denied basic social, cultural, and political rights, in many cases stemming from the Syrian state's refusal to grant citizenship.
Topic:
Democratization, Ethnic Conflict, and Human Rights
Political Geography:
Europe and Arabia

159. The Offshore Camps of the European Union: At the Border of Humanity

Author:
Miriam Ticktin
Publication Date:
03-2009
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
Immigrant and asylum-seeker camps like those in Libya and Morocco are the creation, manifestation, and part of the new, borderless Europe. They consist of a new post-colonial, new-liberal border-zone, a space continuously negotiated by the movement of people, new forms of surveillance technology, and new processes of supranational government. The camps are a response to both a “security” and “humanitarian” crisis, brought into reality through two governing regimes: one of policing and one of protection. The precise mechanisms produce spaces which not only divide people into citizens of one nation-state or another, but produce certain populations as surplus humans.
Topic:
Security, Human Rights, Migration, and Immigration
Political Geography:
Europe, Libya, North Africa, and Morocco

160. A Conversation with Martti Ahtisaari, former President of Finland and Nobel Laureate

Author:
Martti Ahtisaari
Publication Date:
09-2009
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This program features a conversation between Martti Ahtisaari, former President of Finland and Nobel Laureate, and Ambassador Alvaro de Soto.
Topic:
Human Rights and Peace Studies
Political Geography:
Europe and Finland