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301. Militarization of the Iranian Judiciary

Author:
Mehdi Khalaji
Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
Widespread reports suggest that Sadeq Larijani, a young and inexperienced cleric with close ties to Iran's military and intelligence agencies, will officially replace Mahmoud Hashemi Shahroudi as head of the Iranian judiciary on August 16. This appointment is particularly significant, since the judiciary in Iran wields considerable power -- albeit through the approval of Iran's top leader, Ayatollah Ali Khamenei -- and has a great deal of latitude to make decisions without reference to law or Islamic concepts, especially when "safeguarding the interests of the regime" is deemed necessary.
Topic:
Government, Power Politics, Law Enforcement, and Law
Political Geography:
Iran and Middle East

302. Made in the U.S.A.: American Military Aid to Israel

Author:
Frida Berrigan
Publication Date:
05-2009
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Enforcement of U.S. law concerning weapons exports and the disbursement of military aid are subject to highly politicized interpretations of concepts like "legitimate self-defense" and "safeguarding internal security." As illustrated by Israel's July 2006 war in Lebanon and its 2008-2009 Operation Cast Lead in Gaza, Washington has essentially allowed Israel to define "self-defense" however it chooses. This overview of U.S. military aid to Israel, including weapons sales and related support of its domestic military industrial complex, examines in detail the mechanisms through which aid is funneled, the restrictions on aid that do exist, and the uses to which U.S. military aid has been put-particularly in terms of Israel's military operations and its exports abroad. Frida Berrigan is senior program associate of the Arms and Security Initiative at the New America Foundation in Washington, DC.
Topic:
Law
Political Geography:
United States, America, Washington, Israel, and Gaza

303. Comparing the Effectiveness of Accountability Mechanisms in Eastern Europe and Latin America

Author:
Vesselin Popovski, Johanna Stratton, and Kalle Huebner
Publication Date:
10-2009
Content Type:
Policy Brief
Institution:
United Nations University
Abstract:
A society emerging from war or authoritarianism seeks to reckon with past human rights atrocities that, if not addressed, can threaten the state's legitimacy and democratic foundations. It is in the interests of sustainable peacebuilding and democratic consolidation to promote reconciliation and healing, and foster human rights and the rule of law. In order to achieve such a transformation over the long term, the organizational strategies, political styles and mechanisms used to consolidate democracy are of critical importance and deserve closer comparative analysis with the aim to provide valuable lessons for newly democratizing societies.
Topic:
Human Rights and Law
Political Geography:
Eastern Europe and Latin America

304. The Judgement of the German Constitutional Court on the Lisbon Treaty

Author:
Michael Bothe
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
By its judgment of 30 June 2009, the German Federal Constitutional Court cleared the way for the German ratification of the Lisbon Treaty. The reasoning of the Court, however, contains fundamental holdings on the current legal character of the European Union and on constitutional limitations concerning its possible development.
Topic:
Regional Cooperation, Treaties and Agreements, and Law
Political Geography:
Europe and Germany

305. What is the case for a security and justice focus in development assistance programming? An assessment of existing literature and evidence

Author:
Dylan Hendrickson and Olawake Ismail
Publication Date:
04-2009
Content Type:
Working Paper
Institution:
Global Facilitation Network for Security Sector Reform
Abstract:
This literature review on security and justice was commissioned by DFID and is intended to support the preparation of the new DFID White Paper on 'Securing our Common Future'. The purpose of the literature review is to find evidence to support the 'case for security and justice'. The key question it asks is why DFID (and other development agencies) should see security and justice as core business?
Topic:
Security, Human Rights, Human Welfare, and Law
Political Geography:
Africa

306. Democratic Governance and the Rule of Law: Lessons from Colombia

Author:
Gabriel Marcella
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
Colombia has experienced conflict for decades. In the 1990s it was a paradigm of the failing state, beset with all manner of troubles: terrorism, kidnapping, murder, drug trafficking, corruption, an economic downturn of major scope, general lawlessness, and brain drain. Today the country is much safer, and the agents of violence are clearly on the defensive. Nonetheless, much work lies ahead to secure the democratic system. Security and the rule of law are fundamental to the task. As the monopoly over the legitimate use of force is established, democratic governance also needs the architecture of law: ministry of justice, courts, legislative scrutiny, law enforcement agencies, regulatory bodies, public defenders, police, correctional system, legal statutes, contracts, university level academic education to train lawyers, judges, and investigators, along with engagement with civil society to promote a culture of lawfulness. Security without the rule of law puts a society at risk of falling into a Hobbesian hell.
Topic:
Security, Law Enforcement, and Law
Political Geography:
Colombia and Latin America

307. The Stockholm programme: Europe's next step to be an "area of freedom, security and justice"

Author:
Toby Archer
Publication Date:
12-2009
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Stockholm Programme sets the agenda for the European Union's actions for the next five years in the area of Justice and Home Affairs (JHA). It is the next step towards the goal of making the EU into an Area of Freedom, Security and Justice (AFSJ). Justice and Home Affairs became the third pillar of the EU after the Maastricht Treaty came into force in 1993. Originally, it was firmly intergovernmental area of policy-making but some parts were transferred to the supranational first pillar when the treaty of Amsterdam came in to force 1999. In the same year the EU decided it need a focused plan for cooperation in this field for the next five years; and the Tampere Programme was produced. This was followed in 2004 by the Hague Programme that ends this year, and the Stockholm Programme will lay out the next five years of JHA cooperation. Producing the programme has been complicated due to both the sensitive nature of many of the issues covered and by doubt until recently over whether the Lisbon Treaty would be ratified. The ratification of Lisbon changes the power balance between the European Commission, Council and Parliament and this has ramifications for the JHA area. With the success of the EU single market and the end of border controls within the EU, to stop crime within the EU, to guarantee the rights of citizens who are moving between EU member states, and to manage people from third countries who are seeking to come into the EU, requires cooperation across the Union. The Stockholm Programme seeks to lay out what path this should take. Migration policy is an important and difficult part of the programme. How Europeanised dealing with irregular migrants and asylum seeker should be has been one of the politically difficult areas within the programme.
Topic:
Security, Civil Society, and Law
Political Geography:
Europe

308. Medvedev's amendments to the law on defence: The consequences for Europe

Author:
Yury E. Fedorov
Publication Date:
11-2009
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
In November 2009, the 'Law on Amendments to the “Law on Defence”' proposed by President Medvedev entered into force. It allows the Kremlin to dispatch troops outside Russia for four purposes: to counter armed attacks against Russian armed forces, other troops and bodies deployed beyond its borders; to counter or prevent an armed attack against another country if this country has requested Russia to do so; to protect Russian citizens abroad from an armed attack; and to combat piracy and guarantee the safety of shipping. The law is an attempt to close the gap between Moscow's strategic goals, primarily the establishment of its geopolitical dominance over the former Soviet republics, and Russia's legislation, which restricted its ability to deploy armed forces beyond national borders. In effect, the amended legislation enables the Kremlin to deploy its armed forces abroad in a wide range of situations, precisely because of a lack of clear criteria. The wording of 'Medvedev's amendments' sheds light on some plans and scenarios that may be taking shape in Moscow. It is not beyond the realms of possibility that Russia may plan to ignite large-scale disturbances and ethnic clashes in Sevastopol or in Latvia and Estonia, which may be used as a pretext for Russian military intervention. A Russo-Ukrainian conflict in Crimea would pose not so much a military as a political challenge for Europe and the West. Even though Ukraine does not belong to these organizations, if NATO and the EU failed to respond to Russian intervention in Crimea with strong political and economic measures, their strategic relevance would be seriously undermined. If NATO did not defend its member states in the Baltic, the strategic role of the Alliance would be reduced to zero. The aforementioned scenarios fall into the worst-case category, yet there are numerous precedents in Russia's history which demonstrate that worst-case scenarios can become reality. European dependence on Russian energy supplies and interest in Russia's support in resolving the Iranian nuclear problem and the conflict in Afghanistan, as well as the Obama administration's interest in Russia's partnership in nuclear issues, constrain Western ability to respond. However, the West could and should make it quite clear that new Russia's military interventions will result in the country's political ostracization. Furthermore, the West could propose and develop an internationally recognised mechanism regulating the most important aspects of humanitarian intervention. In particular, it should minimise the ability of individual states to make unilateral decisions to intervene militarily if the UN Security Council were unable to make firm decisions. Such mechanisms could be discussed and developed in the frameworks of the UN, the OSCE, the so-called Corfu process and similar international forums.
Topic:
Security, Defense Policy, and Law
Political Geography:
Russia, Europe, and Asia

309. 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

310. U.S.-Southeast Asia Relations Chronology

Publication Date:
01-2009
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
No abstract is available.
Topic:
Islam and Law
Political Geography:
United States, Vietnam, and Southeast Asia