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11. After 8 Years and 500,000 Dead, No ‘Normalization’ in Syria without Justice

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Today, 15 March, marks eight years of deadly conflict in Syria. Since 2011 half a million people have been killed, 11.9 million have been displaced from their homes and 13 million remain in dire need of humanitarian assistance. As the conflict enters its ninth year and the prevailing media narrative is that the civil war is coming to an end, civilians in Syria still face the threat of war crimes and crimes against humanity.
Topic:
Human Rights, Humanitarian Aid, International Law, Syrian War, Justice, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Middle East and Syria

12. Terrorism: Agreeing on the Basics

Author:
Ophir Falk
Publication Date:
05-2019
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
Today, after years of modern terrorism and counterterrorism, the international community still does not agree on a single definition of terrorism. Despite the daily threats posed to many states, the definition conundrum prevents an agreed classification that could better facilitate the fight against terrorism and thwart the public legitimacy that most terrorist organizations seek. When a problem is accurately and acceptably defined, it should be easier to solve. Terrorism is an overly used term often heard in different discourses and contexts. It is used by the general public and in the course of academic, political, and legal debates, not to mention constantly referenced in the media. It may not be feasible to verse one universal definition for all discourses, but the term’s key criteria can and should be agreed upon.
Topic:
International Law, Politics, Terrorism, Military Affairs, Violence, Hezbollah, and White Supremacy
Political Geography:
Middle East, Israel, North America, and United States of America

13. Saudi Coalition “Admission” of Error in Bombing Cholera Treatment Center Implicates the United States

Author:
Oona A. Hathaway
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In June 2018, the U.S.-supported Saudi led coalition struck a cholera treatment center run by Médecins Sans Frontières/Doctors Without Borders (MSF) in Yemen. A recent internal investigation released by the coalition tries to lay the blame for the strike on MSF. But tucked into the report is a cryptic admission that the coalition did not “complete the necessary procedures used by the Coalition Forces” before undertaking the strike. This suggests that the coalition has not stuck to a deal it made with the United States to maintain U.S. support by properly vetting strikes, leaving the United States and its personnel legally exposed for continuing to support operations that violate international humanitarian law.
Topic:
International Law, Military Strategy, Humanitarian Crisis, and Air Force
Political Geography:
Middle East, Yemen, Saudi Arabia, North America, and United States of America

14. The Missing State Department Memo on US Officials’ Possible Aiding and Abetting Saudi War Crimes

Author:
Oona A. Hathaway
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Today the Senate Foreign Relations Committee is set to consider dueling bills on Saudi Arabia. A bill sponsored by Senator Robert Menendez (D-N.J.), would block arms sales to the Kingdom and in-flight refueling of Saudi aircraft. This largely mirrors a series of measures passed in the House on July 17 to block the sale of billions of dollars of arms to Saudi Arabia and the United Arab Emirates. But in an unusual move, Committee Chairman Jim Risch (R-Idaho) broke comity to put forward his own separate bill focused more narrowly on the killing of journalist Jamal Khashoggi that would merely deny visas to a few Saudi government officials and require that the secretary of state conduct a review of the United States’ relationship with the country. In all likelihood, this is the bill that will advance, allowing the U.S. sales of arms to Saudi Arabia to continue.
Topic:
Foreign Policy, International Law, International Trade and Finance, Arms Trade, and Humanitarian Crisis
Political Geography:
Middle East, Saudi Arabia, North America, and United States of America

15. U.S. Complicity in the 2014 Coup in Kiev as a Violation of International Law

Author:
A. Vyleghanin and K. Kritsky
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
FIVE YEARS AGO, a coup d’état took place in Kiev. Following demon- strations and arson attacks, a mob seized several government institutions, including the administration building and residence of the constitutional- ly elected president of Ukraine, Viktor Yanukovich. Some members of the Ukrainian president’s security detail who were protecting his residence from illegal seizure were wounded and killed.1 Alexander Turchinov, one of the coup leaders, began serving as the president of Ukraine even though no Ukrainian presidential election had been held. The coup in Kiev led primarily to the U.S. assuming a leading role in Ukraine’s governance – something it had neither during the period of the Russian Empire nor the Soviet era. The February 2014 overthrow of the president in Kiev that took place without elections and in violation of the Ukrainian Constitution de facto divided the country into regions that recognized the new authorities in Kiev and those that opposed the coup (primarily the southern and eastern regions of Ukraine). This occurred not only because the Ukrainian presi- dent was unconstitutionally removed from power but primarily because the “installation” of the putschist government was accompanied by vio- lence, and ethnic and linguistic persecution. In March 2014, the Autonomous Republic of Crimea left the new, “post-coup” Ukraine in accordance with the provision of the UN Charter on the right of peoples to self-determination. Subsequently, following a referendum in Crimea, a treaty on Crimea’s reunification with Russia was signed. A confrontation between the new regime in Kiev* and residents of Donetsk and Lugansk Regions turned into a protracted armed conflict. The forcible replacement in Kiev of a constitutionally elected head of state (Yanukovich) with an unconstitutional leader (Turchinov) directly impacted Russia’s national interests. Russians and Ukrainians lived together within a single state, the Russian Empire, from the 17th century until 1917. During the Soviet period, the border between the Russian Soviet Federative Socialist Republic and the Ukrainian Soviet Socialist Republic did not have international legal significance. It was an administrative bor- der. After the collapse of the Soviet Union, the independent UN member states (Russia and Ukraine) that replaced them continued to maintain close economic and other ties. Their continued integration, including through joint participation in the Customs Union, objectively met the strategic interests of Ukraine and Russia. A friendly Ukraine is also important to Russia from a national securi- ty standpoint, considering NATO’s expansion toward Russia’s borders that began in the early 1990s – i.e., NATO’s absorption of all former member states of the Warsaw Pact, including Poland and even the former Soviet republics of Latvia, Lithuania and Estonia. Russia’s leadership has repeatedly stressed the inadmissibility of dragging Ukraine into NATO. Words about “fraternal” relations between the peoples of Russia and Ukraine are no exaggeration: Millions of family members (both Russians and Ukrainians) live on opposite sides of the Russian-Ukrainian border,2 and at least one-third of Ukraine’s population speaks Russian as a native language. In this context, it is not surprising that Moscow considered the U.S.- orchestrated seizure of power from the head of state in Kiev an event affecting its vital interests. Something else is remarkable: The U.S. administration said that the events in Ukraine, far away from the American mainland, “constitute an unusual and extraordinary threat to the national security and foreign policy of the United States.”4 Westerners promulgated a very different assessment of the forced ouster of Ukrainian President Viktor Yanukovich in 2014. The U.S. called it a “people’s rev- olution” and said that the mob action organized in part by the U.S. ambas- sador in Kiev (including the killing of Berkut fighters, the state guard of the Ukrainian president) was a legitimate way of expressing the will of the “Ukrainian people.”
Topic:
International Cooperation, International Law, Military Strategy, and Conflict
Political Geography:
Russia, Europe, Ukraine, Middle East, South America, Syria, Venezuela, North America, and United States of America

16. Terrorism and human rights: the perspective of international law

Author:
David Stewart
Publication Date:
05-2018
Content Type:
Special Report
Institution:
Middle East Institute (MEI)
Abstract:
This paper explores the relationship between terrorism and human rights from the international legal perspective. It first reviews the definitional content of “terrorism” and “human rights” and then discusses their doctrinal interactions—considering terrorism as both a cause and a product of human rights violations and addressing counter-terrorism efforts as a source of human rights violations that can themselves generate support for terrorism. It concludes with some observations about issues of international terrorism in the context of refugee law, criminal law and humanitarian law as well as some recommendations for future action.
Topic:
Crime, Human Rights, International Law, Terrorism, and Refugees
Political Geography:
Middle East and Global Focus

17. R2P and Outcomes of the Human Rights Council’s 39th Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2018
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 39th regular session of the Human Rights Council (HRC) was held in Geneva between 10 and 28 September 2018. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be potential indicators of genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 39th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands delivered two statements on behalf of 49 members of the Group of Friends of R2P.
Topic:
International Law, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Africa, Middle East, Asia, South America, United Nations, Central America, and Global Focus

18. The Law Behind Rule of Law Promotion in Fragile States: The Case of Afghanistan

Author:
Astrid Wiik and Frauke Lachenmann
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Rule of law (RoL) promotion has become a go-to-tool in the complex process of stabilizing and rebuilding (post-)conflict States. The process is driven by a heterogeneous group of national, foreign, and international actors who define and prescribe RoL norms and standards, who programme, finance, implement, and eventually monitor RoL reforms. While the legitimacy and effectiveness of RoL promotion has undergone scrutiny, particularly within the overall context of international development assistance, an aspect that has so far received little attention is the legality of RoL promotion. This concerns both the mandate of the various actors and the execution of RoL activities on the ground. Since 2001, the international community has intensely supported the RoL in Afghanistan rendering it a veritable testing ground for RoL promotion. The article explores the legal framework for actors in RoL promotion in Afghanistan from 2001 up to the present day, with a focus on the German Government, its development cooperation agencies, and private non-governmental organizations (NGOs). The article shows that while detailed rules bind the monitoring and evaluation of RoL activities in line with the existing international frameworks for development assistance, few laws and principles guide the programming and implementation of RoL promotion. The existing standards are generally too abstract to guide specific RoL promotion activities. Further concretization and harmonization is necessary in the interest of the sustainability of RoL promotion in Afghanistan – and elsewhere.
Topic:
International Law, Non State Actors, Governance, and Rule of Law
Political Geography:
Afghanistan and Middle East

19. The Integrity of States: Corruption in the EU's Southern Neighbourhood. Arab Transformations Policy Brief No 6

Author:
Andrea Teti and Pamela Abbott
Publication Date:
04-2017
Content Type:
Policy Brief
Institution:
Arab Transformations Project, University of Aberdeen
Abstract:
Corruption is the antithesis of the Rule of Law and erodes the discourse of fairness and mutual consideration which is necessary for peace, prosperity and socioeconomic development. It increases the risk of state capture and resistance to change by the political elite. It results in poor public management and resource allocation and an inequitable distribution of resources and national wealth. It is a problem not just for individual countries but also for harmonious diplomatic and economic relations. The European Union’s Neighbourhood Policy is intended to help its near neighbours develop into a sustainable economic, social and political stability. At the same time the EU deploys normative leadership to promote a social and political security based on a respect for human rights, a dependence on the Rule of Law and a style of governance which can listen to its people and can face replacement, if need be, without the need for armed confrontation. For this, the extent of corruption in MENA is a serious problem. Keywords: Corruption, Middle East, Arab Spring
Topic:
Corruption and International Law
Political Geography:
Europe and Middle East

20. Full Issue: Emerging Domains of Security

Author:
Meg Guliford, Thomas McCarthy, Alison Russell, Michael M. Tsai, Po-Chang Huang, Feng-tai Hwang, Ian Easton, Matthew Testerman, Nikolas Ott, Anthony Gilgis, Todd Diamond, Michael Wackenreuter, Sebastian Bruns, Andrew Mark Spencer, Wendy A. Wayman, and Charles Cleveland
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The theme of this special edition is “Emerging Domains of Security.” Coupled with previously unpublished work developed under a prior “Winning Without War” theme, the articles therein honor Professor Martel’s diverse, yet forward-leaning, research interests. This edition maintains the journal’s four traditional sections of policy, history, interviews, and current affairs. Our authors include established academics and practitioners as well as two Fletcher students, Nikolas Ott and Michael Wackenreuter. Each of the articles analyzes critical issues in the study and practice of international security, and our authors make salient arguments about an array of security-related issues. The articles are borne out of countless hours of work by FSR’s dedicated editorial staff. I deeply appreciate the time and effort they devoted to the publication of this volume. They are full-time graduate students who masterfully balanced a host of responsibilities.
Topic:
Security, Defense Policy, Intelligence, International Cooperation, International Law, History, Military Affairs, Counter-terrorism, Cybersecurity, Navy, Conflict, Space, Interview, Army, Baath Party, and Norms
Political Geography:
China, Iraq, Europe, Middle East, Taiwan, Germany, Asia-Pacific, Global Focus, and United States of America