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41. Reassessment of Turkey’s Objections to the Exclusion of Terrorism from the Rome Statute

Author:
Kurtuluş
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Criminal justice response to terrorism and to the support for terrorism is still a hot topic in Turkey due to ongoing American military support for the PYD, which is Syrian wing of the internationally designated terrorist organization PKK whose indiscriminate attacks in Turkey has claimed lives of thousands of civilians. This article first discusses, in light of recent developments, whether exclusion of a separate crime of terrorism from the Rome Statute of the International Criminal Court can be a valid argument against Turkey’s accession to it. After discovering some of the possible contributions of Turkey’s Rome Statute accession to its decades-long struggle against terrorism, this study concludes that Turkey’s all other concerns regarding the accession should be periodically reevaluated.
Topic:
International Law, Terrorism, International Criminal Court (ICC), and Rome Statute
Political Geography:
Turkey, Middle East, and Mediterranean

42. Periodisation of International Law: Positivist Discourse and Beyond

Author:
Aynur Demirli and Ali Murat Özdemir
Publication Date:
09-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Although the international law itself has changed over time, the definition of international law by the positivist discourse used as a means to understand it remains constant. From this paradigm, which conceptualizes itself historically rootless in one sense and detaches itself from its current periodic ties, it is very difficult to construct an explanatory narrative about the forms of international law. For this purpose the study firstly investigates the elements of the classical definition of international law in a socio-historical context. Secondly, it will propose a starting date and a periodicization style for the work area defined as international law. Lastly in this study the periodization of international law in its modern history will be evaluated.
Topic:
Imperialism, International Law, and Political Economy
Political Geography:
Turkey and Global Focus

43. The Extraordinary Gamble: How the Yugoslav Tribunal’s Indictment of Slobodan Milošević During the Kosovo War Affected Peace Efforts

Author:
Jacqueline R. McAllister
Publication Date:
01-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
On 24 May 1994, the International Criminal Tribunal for the former Yugoslavia (ICTY or Yugoslav Tribunal) made history by becoming the first international court to indict a sitting head of state: Yugoslav President Slobodan Milošević. Since Milošević’s rise to power roughly a decade before, forces either directly or indirectly under his control had unleashed a reign of terror first in Croatia, then in Bosnia and Herzegovina, and finally in Kosovo. Indicting Milošević was no small feat: he did everything in his power to cover his tracks. Moreover, in order to secure crucial evidence (e.g., intelligence and satellite imagery linking Serb forces to crime sites) and the support necessary to actually put Milošević on trial, the ICTY required the backing of Western powers, which—until the Kosovo War in 1999—viewed Milošević as a vital, yet unsavory guarantor of peace in the region. Reactions to the indictment were mixed. While the Yugoslav Tribunal’s supporters heralded the indictment as a legal triumph that brought Milošević to his knees, its critics emphasized that, at best, the indictment was irrelevant and, at worst, an extraordinary gamble that had the potential to thwart an end to hostilities.
Topic:
Conflict Resolution, Conflict Prevention, International Law, Humanitarian Intervention, and Ethnic Cleansing
Political Geography:
Europe, Yugoslavia, and Central Europe

44. Gender Based Violence In The Kosovo War

Author:
Atifete Jahjaga
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
Our first question is about the ethnic cleansing that happened during the Kosovo Campaign. It is estimated that 20,000 Albanian men and women experienced sexual violence between 1998 and 2000. Many survivors of sexual violence have been hesitant to speak up, and there were also many mass killings that are only now being discovered. How, in a general sense, did you approach these issues as president given the lack of information, and how has the lack of information made the justice process more difficult?
Topic:
Conflict Resolution, International Law, Humanitarian Intervention, and Ethnic Cleansing
Political Geography:
Kosovo, Yugoslavia, and Armenia

45. Taking Care Of Business: Industrial Espionage And International Law

Author:
Russell Buchan
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
The essence of espionage is the non-consensual collection of confidential information. Espionage takes different forms depending upon the identity of the perpetrator and the nature of the confidential information targeted. Political espionage describes the state-sponsored theft of confidential information, and its purpose is to shed light on the capabilities and intentions of other state and non- state actors. Economic espionage is also state-sponsored, and it involves states stealing trade secrets from companies located in foreign jurisdictions, usually with the intention of passing this information to domestic companies so that they possess a competitive advantage. In contrast, industrial espionage is perpetrated by non-state actors insofar as it entails companies stealing foreign competitors’ confidential information without the support or assistance of a state.
Topic:
Globalization, International Law, Business, and Espionage
Political Geography:
Global Focus

46. On The Question Of Chinese Espionage

Author:
Nicholas Eftimiades
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
Throughout recorded history, nations have employed spies to support foreign policy goals and military operations. However, such clandestine activities seldom become the subject of foreign policy themselves, and intelligence and related activities are rarely subject to public review. Yet in the People’s Republic of China, a massive “whole-of-society” approach to economic espionage is creating a new paradigm for how nations conduct, view, and address intelligence func- tions. In fact, a key element in the United States-China trade war is Washington’s insistence that Beijing cease stealing American intellectual property and trade secrets. China denies the claim, but hundreds of recently prosecuted espionage cases prove otherwise. These espionage activities are changing the global balance of power, impacting U.S. and foreign economies, and providing challenges to domestic and national security, as well as foreign policy formulation. Domesti- cally, they threaten economic security, the protection of critical infrastructure, and intellectual property rights.
Topic:
Foreign Policy, Diplomacy, International Cooperation, International Law, and Espionage
Political Geography:
United States and China

47. Paul D. Kenny: Populism And The War On Drugs In Southeast Asia

Author:
Paul D. Kenny
Publication Date:
03-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
Rodrigo Duterte promised in his campaign for the Philippine presidency that he would dump the corpses of the country’s drug dealers and addicts into Manilla Bay and “fatten all the fish there.” He boasted of pushing criminals out of helicopters. He promised death on the scale of Hitler. “God will weep if I become president,” he said.
Topic:
Crime, International Law, War on Drugs, and Narcotics Trafficking
Political Geography:
Philippines, Thailand, Southeast Asia, Laos, and Myanmar

48. Oral History And The Rwandan Genocide

Author:
Erin Jessee
Publication Date:
03-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
Erin Jessee is Lord Kelvin Adam Smith Research Fellow in History at the University of Glasgow. She has over a decade of experience conducting oral historical and ethnographic fieldwork in confict-afected settings, particularly in Rwanda, Bosnia and Herzegovina, and Uganda. She is the author of Negotiating Genocide in Rwanda: Te Politics of History, which was published in Palgrave Macmillan’s Studies in Oral History series in 2017. She has also published several articles in notable journals such as Memory Studies, Conflict and Society, History in Africa, Oral History Review, and Forensic Science International, among others.
Topic:
Conflict Resolution, Conflict Prevention, Genocide, International Cooperation, International Law, Humanitarian Intervention, and Conflict
Political Geography:
Rwanda and Global Focus

49. Human Rights Council Investigative Mechanisms and Mass Atrocity Prevention

Author:
Global Centre for the Responsibility to Protect
Publication Date:
11-2019
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Since the principle of the Responsibility to Protect (R2P) was unanimously adopted at the 2005 UN World Summit, the international community has looked to the UN Security Council in New York to respond when a government has been unwilling or unable to protect its population from war crimes, crimes against humanity, genocide or ethnic cleansing. Paragraphs 138-139 of the World Summit Outcome Document recognize the Security Council’s unique role with regard to upholding the international community’s responsibility to protect as the body primarily responsible for the maintenance of international peace and security. However, the Human Rights Council (HRC) and other Geneva-based mechanisms are also essential for preventing atrocity crimes. Since systematic or widespread human rights violations serve as early warning signs of possible atrocities, Geneva-based mechanisms are often the first to raise the alarm regarding situations where violations and abuses threaten to deepen or deteriorate. Such mechanisms play an important role in enabling the international community to assist states in preventing mass atrocities (R2P’s Pillar II) and respond in a timely and decisive manner to atrocity risks (Pillar III).
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), UN Security Council, and Atrocities
Political Geography:
United Nations and Global Focus

50. R2P Monitor, Issue 48, 15 November 2019

Author:
Global Centre for the Responsibility to Protect
Publication Date:
11-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world. Issue 48 looks at developments in Afghanistan, China, Myanmar (Burma), Syria, Yemen, Cameroon, Democratic Republic of the Congo, Mali and Burkina Faso, Burundi, Central African Republic, Libya, South Sudan and Venezuela.
Topic:
Genocide, Human Rights, International Law, Conflict, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Afghanistan, China, Libya, Yemen, Democratic Republic of the Congo, Syria, Venezuela, Burundi, Mali, Myanmar, South Sudan, Cameroon, Central African Republic, and Burkina Faso