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52. Virtuality, Perception and Reality in Myanmar's Democratic Reform
- Author:
- Victoria Christensen
- Publication Date:
- 08-2013
- Content Type:
- Working Paper
- Institution:
- The Geneva Centre for Security Policy
- Abstract:
- Since the summer of 2011, the country of Myanmar has been experiencing rapid democratic reform. Headlines lauding these positive changes have become common-place in the international media. However, experts and academics who have been involved in the decade-long campaign to bring peace and democracy to Myanmar remain divided over how sincere these changes are. Some accuse the Government of carrying out “window-dressing” reforms to please the Western governments and enable the lifting of sanctions. They argue that the Government has a vested interest in maintaining the reins of power and that there is no incentive to make true democratic reforms. During a speech in Oslo in June 2012, Aung San Suu Kyi, the Myanmarese Pro-democracy leader described the recent reforms as positive but warned against blind faith in the process and pointed out the main challenges that remain unresolved – namely the ethnic issues and the ongoing imprisonment of political prisoners.
- Topic:
- Democratization, Human Rights, Political Economy, Governance, and Reform
- Political Geography:
- Geneva, United States, China, Tehran, Korea, and Southeast Asia
53. The Power to Kill or Capture Enemy Combatants
- Author:
- Ryan Goodman
- Publication Date:
- 11-2013
- Content Type:
- Journal Article
- Abstract:
- During wartime a critical legal question involves the scope of authority to choose whether to kill or capture enemy combatants. One view maintains that a combatant is lawfully subject to lethal force wherever the person is found – unless and until the individual offers to surrender. In contrast, this article concludes that important restraints on the use of deadly force were a part of the agreement reached by states and codified in the 1977 First Additional Protocol to the Geneva Conventions. When nations of the world focused their attention on balancing principles of humanity and military necessity, and making higher law, they agreed on two important sets of rules. Under Article 35, states agreed to prohibit the manifestly unnecessary killing of enemy combatants. And, under Article 41, they agreed that combatants who are completely defenceless, at the mercy of enemy forces, shall be considered hors de combat. – including alternative specifications of standards and burdens of proof. Nevertheless, the general constraint – and its key components – should be understood to have a solid foundation in the structure, rules, and practices of modern warfare.
- Political Geography:
- Geneva
54. The Middle East: Change and Upheaval 2013
- Author:
- Dr. Mohammad-Mahmoud Ould Mohamedou, Christian Koch, and Dr. Klejda Mulaj
- Publication Date:
- 12-2013
- Content Type:
- Working Paper
- Institution:
- The Geneva Centre for Security Policy
- Abstract:
- As the Middle East continues to grapple with challenging questions of continuity and change, a group of distinguished thinkers on the region's politics and society met in Gstaad, Switzerland, to analyze current political dynamics and their implications for the region and beyond. This 11th Annual Conference organized jointly by the Geneva Centre for Security Policy (GCSP), the Crown Centre for Middle East Studies at Brandeis University, and the Gulf Research Center (GRC) aimed to take stock of developments in the Middle East over the previous year and bring about a greater understanding of the complex problems faced by a perplexingly disordered region. Following on the 10th meeting in 2012, the primary focus of the discussion was on the Arab revolutions, their overall significance and outlook as well as their impact in the region with a specific emphasis on Syria, Egypt, Lebanon, and Jordan. In addition, Iran's domestic politics and its international security implications; the GCC states and their place in the broader Middle East; as well as Israeli-Palestinian relations also featured prominently. The meeting opened by looking at the broader geopolitical and regional dynamics and concluded with a session considering policy implications in relation to present regional political dynamics. This report summarizes discussions held in the course of this meeting and in the tradition of previous reports on this Conference series, no direct, personal attributions are made herein. The Conference's program is attached.
- Topic:
- Political Violence, Governance, and Political Activism
- Political Geography:
- Geneva, Middle East, Israel, Arabia, Syria, Switzerland, and Egypt
55. Film: Bollywood for grown-ups
- Author:
- Burhan Wazir
- Publication Date:
- 10-2012
- Content Type:
- Journal Article
- Institution:
- Chatham House
- Abstract:
- A lesser known independent strand in Indian cinema that is prepared to talk seriously about politics
- Topic:
- Politics
- Political Geography:
- Geneva, Pakistan, India, and London
56. Two Cheers for Humanitarianism
- Author:
- Tom Farer
- Publication Date:
- 10-2012
- Content Type:
- Journal Article
- Institution:
- Carnegie Council
- Abstract:
- Over the last two decades a spate of books, led by the ones cited in this essay, have illuminated and debated the bristly questions confronting contemporary “humanitarianism.” The definitional or, one might say, foundational question is whether the adjective “humanitarian” should be limited to only those independent agencies that are engaged (without reference to a political context) in the impartial delivery of emergency relief to all those in existential need—or, in the unique case of the International Committee of the Red Cross (ICRC), engaged in monitoring the application of the Geneva Conventions to armed conflict. An answer in the affirmative could be considered the “classic” position of the humanitarian, and one still championed by the ICRC. Today, however, many NGOs, such as CARE, OXFAM, and Catholic Relief Services, which certainly regard themselves as humanitarian agencies, engage in a broad range of rehabilitative and developmental activities and continue to deliver emergency relief, and they are prepared to do so under circumstances where their work has conspicuous political implications. The same is true of such UN agencies as UNICEF, UNHCR, and the World Food Programme, which are not infrequently involved in complex peace operations that have clear political goals as specified by the Security Council. Further, well-known humanitarian activists and writers, notably Bernard Kouchner and Samantha Power, also reject the ICRC's definitional canon. The unsettled boundaries of what properly constitutes humanitarianism brings a number of difficult questions to the surface, including: Should relief be provided even if it could prolong a conflict, or could indirectly assist a belligerent, or possibly identify the relief giver with a government's political ends? And should the nature of those ends influence relief efforts? Should relief agencies also assist in addressing the causes of humanitarian emergencies by joining in efforts to resolve a conflict, foster economic development, rebuild state institutions, and strengthen the protection of human rights? Should such agencies accept funds from governments where governments specify how the funds are to be used? Where necessary, should they advocate armed intervention to protect their personnel as well as the recipients of their aid? In terms of the way they organize and structure themselves, should nonprofit agencies dedicated to humanitarian relief follow private-sector models? Can organizations dedicated to the effective provision of emergency relief pursue that end without creating a culture of dependence, without discouraging local initiative, and without violating the liberal “right” to participate in life-shaping decisions? Finally, how does humanitarianism relate to human rights, the other leading expression of what I would call “the humanitarian impulse”?
- Topic:
- Security
- Political Geography:
- Geneva and United Nations
57. . . . and New York and The Hague and Tokyo and Geneva and Nuremberg and . . .: The Geographies of International Law
- Author:
- David Koller
- Publication Date:
- 02-2012
- Content Type:
- Journal Article
- Abstract:
- In the dominant narrative of international law, historical events in space and time are made to fall along an invisible line of progress, from Westphalia in 1648 through the Bretton Woods and San Francisco conferences of 1944 and 1945 to the present day and continuing on through the future to a more just world. Against this, a counter-narrative has emerged which denies the possibility of such linear development and consigns international law to forever tracing an unending circular path between points of idealism and realpolitik. This article examines how international lawyers have created and continue to create these metaphysical geographies of international law. Drawing on the work of the French multi-disciplinary thinkers Gilles Deleuze and Félix Guattari, this article shows that both approaches, and indeed the very concept of international law, can at most only replicate and impose pre-conceived theories and that the imposition of such theories is contrary to the natural patterns of human consciousness. It urges us to see international law rather as but one manifestation of the ongoing struggle between efforts to impose unity on and to control human consciousness and the mind's efforts to break free of such restricting structures.
- Political Geography:
- Geneva, New York, Tokyo, San Francisco, Papua, and Westphalia
58. The Laws of Occupation and Commercial Law Reform in Occupied Territories: Clarifying a Widespread Misunderstanding
- Author:
- Jose Alejandro Carballo Leyda
- Publication Date:
- 02-2012
- Content Type:
- Journal Article
- Abstract:
- Since the publication of the widely quoted book by Eyal Benvenisti on The International Law of Occupation, there seems to be a generally accepted premise that Article 64 of the IV Geneva Convention is applicable to all types of laws (including commercial laws) and that, therefore, its legal regime replaced Article 43 of the 1907 Hague Regulations. With all due respect, this article argues that such approach is wrongfully grounded. Furthermore, almost no author seems to give any relevance to the formal obligation imposed by the IV Geneva Convention to publish (in the language of the inhabitants) the commercial law norms enacted by the occupying power.
- Political Geography:
- Geneva and Papua
59. The Laws of Occupation and Commercial Law Reform in Occupied Territories: A Reply to Jose Alejandro Carballo Leyda
- Author:
- Eyal Benvenisti
- Publication Date:
- 02-2012
- Content Type:
- Journal Article
- Abstract:
- The essay 'The Laws of Occupation and Commercial Law Reform in Occupied Territories: Clarifying a Widespread Misunderstanding' accuses my 1993 book of fostering the 'misleading' contention that Article 64 of the Fourth Geneva Convention of 1949 recognizes the authority of occupants to modify all types of laws (and not only penal laws), beyond the limited scope of legislative authority recognized under Article 43 of the 1907 Hague Regulations. The criticism is unconvincing for several reasons. I limit my response to the claim that my interpretation of Geneva 64 is a misunderstanding, spelling out in more detail the discussion in the book. Addressing this claim offers an opportunity to gain insight not only into the specific meaning of Geneva 64 but also into the more general question of how to read and assess travaux préparatoires of complex multilateral treaties.
- Political Geography:
- Geneva
60. The Laws of Occupation and Commercial Law Reform in Occupied Territories: A Rejoinder to Eyal Benvenisti
- Author:
- Jose Alejandro Carballo Leyda
- Publication Date:
- 02-2012
- Content Type:
- Journal Article
- Abstract:
- I thank Professor Benvenisti for his response to my article and hope that this discussion will be helpful and fruitful. Nevertheless, I concur with Pictet that Article 43 of the 1907 Hague Regulations 'imposes obligations of a general nature on the Occupying Power', while Article 64 of the IV Geneva Convention contains a specific exception for penal legislation. Therefore, Article 43 HR still remains the applicable norm regarding commercial law reform in occupied territories.
- Political Geography:
- Geneva