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121. U.S. Military Forces and Police Assistance in Stability Operations: The Least-Worst Option to Fill the U.S. Capacity Gap

Author:
Dennis E Keller
Publication Date:
08-2010
Content Type:
Working Paper
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
Establishing an effective local police force is one of the most critical elements of successful counterinsurgency (COIN) and stability operations, but it is a task for which the U.S. Government is the least prepared and capable. The establishment of an effective police force is critical to security sector reform, justice sector reform, and the successful transition to the host nation's security forces. But the United States lacks the institutional capacity to provide an immediate and coordinated civilian police training and advisory effort, particularly in a failed or fragile state. Because hesitation in addressing such problems causes delays in forming and training new police forces, and, even worse, emboldens corrupt and abusive locals who enable insurgents, terrorist groups, and organized criminal networks, the U.S. military must be prepared to support stability operations at regional level and below by assessing, advising, and even training police units until such time as civilian police trainers and mentors arrive on the ground.
Topic:
Crime, Counterinsurgency, and Law Enforcement
Political Geography:
United States

122. When Is International Peacemaking Illegal? Implications of the 2010 Supreme Court Decision in Holder v. Humanitarian Law Project

Author:
Stephanie Schwartz
Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The June 21st Supreme Court decision in Holder v. Humanitarian Law Project affirmed the constitutionality of the material support statue which makes it illegal for U.S. citizens and organizations to provide material support, including expert advice or assistance, service or personnel, to designated terrorist organizations regardless of whether the support is intended to promote nonviolence and peace. The material support law and the process of listing terrorist groups provides the U.S. government with an enhanced legal structure to arrest alleged terrorists and prevent terrorist acts. However, it is unclear that the process is effective in practice or that enhancing the government's legal power to prevent acts of terrorism outweighs the unintentional consequences of prohibiting nongovernmental organizations (NGOs) from working on the front lines of conflict zones to promote conflict resolution. Looking to the future, NGOs can work with the State Department and Congress to find ways to allow peacebuilding and humanitarian organizations to continue their operations legally, while also not threatening national security.
Topic:
Conflict Prevention, Humanitarian Aid, Terrorism, Foreign Aid, Law Enforcement, and Peacekeeping
Political Geography:
United States

123. Crime, Politics and Violence in Post- Earthquake Haiti

Author:
Louis-Alexandre Berg
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Crime and violence are on the rise in Port-au-Prince due to prisoner escapes during the earth quake. Youth gangs and other armed groups are regaining strength in the most vulnerable neighborhoods and spreading to other areas of the city. In the tent camps around Port-au- Prince, displaced people—especially women—remain vulnerable to crime. These factors have contributed to an increasing sense of insecurity. As political tensions rise in the run-up to elections, armed groups, criminal enterprises and vulnerable youth could once again be mobilized by political forces to fuel violence or disrupt the political process. Gangs and their involvement in criminal and political violence are deeply rooted in Haitian politics, and fueled by widespread poverty, inadequate police presence, government weak ness, and social and economic inequities. Prior to the earthquake, criminal violence had begun to decline due to a combination of political reconciliation, law enforcement operations and investment in marginalized neighborhoods. These fragile gains have been reversed since the earthquake and public confidence in the police has been shaken. Directing resources toward mitigating violence while addressing the underlying sources of crime and violence should remain a priority in post-earthquake reconstruction.
Topic:
Political Violence, Crime, Natural Disasters, and Law Enforcement

124. The Method behind the Mark: A Review of Firearm Marking Technologies

Publication Date:
12-2010
Content Type:
Policy Brief
Institution:
Small Arms Survey
Abstract:
Record-keeping is an essential prerequisite for limiting the illicit proliferation of small arms and light weapons. A robust record-keeping system provides the necessary means to trace small arms1 and investigate the illicit trade. The marking of small arms is a necessary component of the recordkeeping; it links a specific small arm to a unique record for that item.
Topic:
Arms Control and Proliferation, Crime, Terrorism, Insurgency, and Law Enforcement
Political Geography:
Africa and Europe

125. The United States and Mexico: More Than Neighbors

Author:
Andrew Selee, Katie Putnam, and Christopher Wilson
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
No country in the world affects daily life in the United States more than Mexico. The two countries are deeply intertwined, and what happens on one side of the border necessarily has consequences on the other side. Almost one in ten Americans is of Mexican descent, and a third of all immigrants in the United States today are from Mexico, while well over a half-million Americans live in Mexico. Mexico remains the second destination for U.S. exports after Canada, and millions of American jobs depend on this trade. From south to north the linkages are even greater: over three quarters of Mexico's exports go to the United States and one in ten Mexicans lives in the United States.
Topic:
Economics, Emerging Markets, Politics, Regional Cooperation, Bilateral Relations, Immigration, and Law Enforcement
Political Geography:
United States, Canada, Central America, and Mexico

126. Judicial Interpretation or Judicial Activism?: the Legacy of Rationalism in the Studies of the European Court of Justice

Author:
Andreas Grimmel
Publication Date:
01-2010
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
During the last two decades, law as a factor in European integration has attracted great scientific interest. Numerous studies and theoretical analyses have been published which have undertaken the task of examining and explaining the role of law in the progress of integration. The European Court of Justice (ECJ) in particular, as Europe's judiciary body, draws much attention in this context. However, the inflexible, mechanistic and universalistic notion of rationality that these works employ leads to serious misinterpretations and unjustified criticism regarding the role the ECJ takes in the course of integration. Within the frameworks of contemporary approaches the Court is perceived as just one more political player among other actors and institutions able to shape the EU in the pursuit of its own rational interests. By outlining the theoretical concept of context rationality, this article shows that the logics of law and judicial law making are based on a non-trivial and non-political rationality and cannot be understood appropriately without paying attention to the context of European law.
Topic:
International Law, Regional Cooperation, and Law Enforcement
Political Geography:
Europe

127. Sri Lanka: Politicised Courts, Compromised Rights

Publication Date:
06-2009
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Sri Lanka's judiciary is failing to protect constitutional and human rights. Rather than assuaging conflict, the courts have corroded the rule of law and worsened ethnic tensions. Rather than constraining militarisation and protecting minority rights, a politicised bench under the just-retired chief justice has entrenched favoured allies, punished foes and blocked compromises with the Tamil minority. Its intermittent interventions on important political questions have limited settlement options for the ethnic conflict. Extensive reform of the judicial system – beginning with a change in approach from the newly appointed chief justice – and an overhaul of counterproductive emergency laws are essential if the military defeat of the LTTE is to lead to a lasting peace that has the support of all ethnic communities.
Topic:
Conflict Resolution, Ethnic Conflict, Human Rights, and Law Enforcement
Political Geography:
South Asia, Asia, and Sri Lanka

128. La Revocatoria de Mandato: Lecciones a Partir de la Experiencia Venezolana

Author:
Miriam Kornblith
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
This paper examines four related aspects of the recall of elected officials as defined and used in Venezuela: 1) The context in which the recall emerged; 2) the activation of the presidential recall throughout 2003 and 2004, which concluded with the recall referendum of August 15, 2004; 3) the legal and substantive aspects of the recall; 4) the assessment of the use of the recall. The purpose of the paper is to evaluate the advantages and disadvantages of this instrument of direct democracy from the Venezuelan experience.
Topic:
Democratization, Governance, and Law Enforcement
Political Geography:
Latin America and Venezuela

129. 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

130. Saudi Efforts to Combat Terrorist Financing

Author:
Michael Jacobson
Publication Date:
07-2009
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
This past week, Treasury secretary Timothy Geithner traveled to Saudi Arabia and the United Arab Emirates for his first official visit to the Middle East since assuming his current position. Although in many respects the Obama administration is off to a bumpy start with Saudi Arabia, Geithner praised Saudi efforts in combating terrorist financing, which is a significant departure from statements made by senior Treasury officials in recent years. His remarks in Riyadh were more than just empty praise, reflecting the broader view in Washington that the Saudis are finally beginning to make progress on this important front. Despite improved Saudi efforts, however, the kingdom remains one of the major sources of terrorist financing throughout the world, with significant funds continuing to go to al-Qaeda, the Taliban, and Laskhar-e Taiba (LET), among other groups.
Topic:
Terrorism, Counterinsurgency, and Law Enforcement
Political Geography:
Middle East and Arabia