Transitional Justice

The Program on Transitional Justice examines the challenges of countries attempting to regain balance and redress legacies of massive human rights violations. It encompasses issues of legitimacy, criminal prosecutions, truth commissions, reparations, and various kinds of institutional reform necessary to protect vulnerable segments of a society and insure stability.

Transitional Justice - Experts

Kathryn Sikkink

Kathryn Sikkink

Ryan Family Professor of Human Rights Policy, Harvard Kennedy School of Government
Carol K. Pforzheimer Professor, Radcliffe

Human Security - Experts

Douglas A. Johnson

Douglas A. Johnson

Faculty Director, Carr Center for Human Rights Policy
Lecturer, Public Policy
Fateh Azzam

Fateh Azzam

Director, Asfari Institute for Civil Society and Citizenship
Fellow
Jacqueline Bhaba

Jacqueline Bhaba

Professor of the Practice of Health and Human Rights, Harvard School of Public Health
Director of Research, François-Xavier Bagnoud Center for Health and Human Rights
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Human Security - News

Providing healthcare for non-US citizens a 'moral obligation,' professors say

Providing healthcare for non-US citizens a 'moral obligation,' professors say

February 24, 2017

At a time when the country is steeped in nationalist sentiment, and the Trump administration is focused on rolling back the Affordable Care Act, Northeastern University professors Patricia Illingworth and Wendy E. Parmet are making the case for expanding healthcare to non-citizens in the U.S. Calling it a "moral obligation" and a "global public good," Illingworth and Parmet suggest that healthcare is a human rights issue, and that extending coverage in the U.S. to non-citizens could actually alleviate both the cost and care burdens on everyone.

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Human Security - Events

Human Security - Publications

Steven Livingston. 2/21/2017. “Conference Report: Technology & Human Rights in the 21st Century.” Technology & Human Rights in the 21st Century. Carr Center for Human Rights Policy, Harvard Kennedy School, 79 JFK Street, Cambridge, MA: Carr Center for Human Rights Policy. Publisher's Version Abstract

Full online version here.

On November 3 - 4, 2016, the Carr Center for Human Rights Policy at the Harvard Kennedy School hosted a symposium that aimed to:

1. Strengthen collaboration among stakeholders working on issues at the intersection of human rights and technology and

2. Deepen our understanding of the nature of collaboration among different technical and scientific communities working in human rights.

The symposium brought together practitioners and academics from different industries, academic disciplines and professional practices. Discussion centered on three clusters of scientific and technical capacities and the communities of practice associated with each of them. These clusters are:

  • Geospatial Technology: The use of commercial remote sensing satellites, geographical information systems (GIS), unmanned aerial vehicles (UAVs) and geographical positioning satellites (GPS) and receivers to track events on earth.
     
  • Digital Networks: The use of digital platforms to link individuals in different locations working towards a common goal, such as monitoring digital evidence of human rights violations around the world. It often involves crowdsourcing the collection of data over digital networks or social computation – the analysis of data by volunteers using digital networks.
     
  • Forensic Science: The collection, preservation, examination and analysis of evidence of abuses and crimes for documentation, reconstruction, and understanding for public and court use. Among the more prominent evidential material in this area includes digital and multimedia evidence as well as corporal and other biologic evidence.  When considering the use of digital technologies, we might say that forensic science involves the recoding of material objects into binary code. This domain includes massively parallel DNA sequencing technologies as well as document scanning and data management technologies.

In their landmark 1998 book, Activists Beyond Borders, Kathryn Sikkink and Margaret Keck wrote that “by overcoming the deliberate suppression of information that sustains many abuses of power, human rights groups bring pressure to bear on those who perpetuate abuses” (Keck and Sikkink, 1998, Kindle Locations 77-78).  The Carr Center’s symposium on technology and human rights explored the ways modern human rights organization use science and technology to overcome the deliberate suppression of information.

Speakers discussed the latest advances in each of the key technologies represented at the symposium and used today by human rights organizations.

Steven Livingston and Sushma Raman co-organized the event. Livingston is Senior Fellow at the Carr Center and Professor of Media and Public Affairs and Professor of International Affairs at the George Washington University; Raman is the Executive Director of the Carr Center at the Harvard Kennedy School of Government.

Full online version here.

 

The study examines the similarities and differences between China and the United States with regard to rape myths. We assessed the individual level of rape myth acceptance among Chinese university students by adapting and translating a widely used measure of rape myth endorsement in the United States, the Illinois Rape Myth Acceptance (IRMA) scale. We assessed whether the IRMA scale would be an appropriate assessment of attitudes toward rape among young adults in China. The sample consisted of 975 Chinese university students enrolled in seven Chinese universities. We used explorative factor analysis to examine the factor structure of the Chinese translation of the IRMA scale. Results suggest that the IRMA scale requires some modification to be employed with young adults in China. Our analyses indicate that 20 items should be deleted, and a five-factor model is generated. We discuss relevant similarities and differences in the factor structure and item loadings between the Chinese Rape Myth Acceptance (CRMA) and the IRMA scales. A revised version of the IRMA, the CRMA, can be used as a resource in rape prevention services and rape victim support services. Future research in China that employs CRMA will allow researchers to examine whether individual’s response to rape myth acceptance can predict rape potential and judgments of victim blaming and community members’ acceptance of marital rape.

John Shattuck. 3/26/2016. “Karadzic verdict is a victory for civilization.” The Boston Globe. Publisher's Version Abstract

Op-Ed from Carr Center's John Shattuck.

"In a world rampant with terrorism, Thursday’s verdict in the Radovan Karadzic trial in The Hague is a victory for international justice. The former Bosnian Serb leader was convicted by the International Criminal Tribunal for the Former Yugoslavia of genocide, crimes against humanity, and war crimes for leading a reign of genocidal terror during the Bosnian war."

John Shattuck. 4/26/2016. “US needs to help the EU end the refugee crisis.” The Boston Globe. Publisher's Version Abstract

The refugee crisis is at the center of Europe’s political war. Some European countries are building walls to exclude people seeking refuge from the deadly conflicts in the Middle East, while others — notably Greece, Germany, and the Nordics — are working to reinforce EU values of openness and tolerance. The United States should do more to promote these values by increasing its support for relief efforts and opening its doors to refugees from the Middle East. European governments this year are contributing four times more money than the United States to the financially strapped United Nations High Commissioner for Refugees. Meanwhile, the United States will resettle a minuscule 10,000 Syrian refugees, compared with more than 500,000 in Germany.

Child Migration and Human Rights in a Global Age (Human Rights and Crimes against Humanity)

Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children–one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children’s human rights.

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman, J.D., Ph.D., explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Dr. Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the “legalist” paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Dr. Kaufman develops an alternative theory—“prudentialism”—which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Dr. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994  genocide against the Tutsi in Rwanda. Dr. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials’ normative beliefs. Dr. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Dara Kay Cohen. 8/2015. “Do States Delegate Shameful Violence to Militias?.” The Journal of Conflict Resolution, 5, 59: 877-898. Publisher's Version Abstract

Existing research maintains that governments delegate extreme, gratuitous, or excessively brutal violence to militias. However, analyzing all militias in armed conflicts from 1989 to 2009, we find that this argument does not account for the observed patterns of sexual violence, a form of violence that should be especially likely to be delegated by governments. Instead, we find that states commit sexual violence as a complement to—rather than a substitute for—violence perpetrated by militias. Rather than the logic of delegation, we argue that two characteristics of militia groups increase the probability of perpetrating sexual violence. First, we find that militias that have recruited children are associated with higher levels of sexual violence. This lends support to a socialization hypothesis, in which sexual violence may be used as a tool for building group cohesion. Second, we find that militias that were trained by states are associated with higher levels of sexual violence, which provides evidence for sexual violence as a “practice” of armed groups. These two complementary results suggest that militia-perpetrated sexual violence follows a different logic and is neither the result of delegation nor, perhaps, indiscipline.

This report examines the evolution of the Taliban case for armed struggle and the minimal adjustments Taliban rhetoricians made to cope with the impending political change in Afghanistan in 2014. It considers how the Taliban might make a case for peace, should they take the political decision to engage in negotiations. 

The Taliban movement commands the loyalty of thousands of Afghans and applies resources and men to the pursuit of political objectives, guided by doctrine and inspired by rhetoric. Taliban rhetoric consists of religious and historical references, narratives of recent events, and guidance for Taliban sympathizers. The rhetoric asserts that the Taliban are engaged in a righteous jihad aimed at establishing a divinely ordered Islamic system in Afghanistan. Taliban doctrine focuses on internal affairs and in particular on maintaining cohesiveness. The Taliban are ruthless in enforcing their doctrine of obedience to the amir, or leader. The movement has retained a narrow social base, and its power is concentrated in the hands of mullahs from the Kandahari Pashtun tribes. Any project to build a plural Afghanistan is likely to include an appeal to the Taliban or the constituency they have mobilized. The Taliban’s own attempts to regain power rest on a negation of pluralism, rejection of a popular mandate, and assertion of the divine right vested in their Islamic emirate. A Taliban rhetoric of peace would require addressing the position of the Taliban’s amir, peace as a desirable state, the need for cohesiveness and unity in support of peace, celebration of the withdrawal of foreign troops, Islamic credentials of the government in Kabul, protection of those who sacrificed for the Taliban, peace as conclusion of the jihad, and the new role for the Taliban’s cadres. After 2014, the Taliban leadership is vulnerable to a hard-line challenge arguing that the political system in Kabul is irredeemably compromised by its collaboration with unbelievers.

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Human Security - Videos

Nadia Murad Basee Taha shares her story

Nadia Murad, a Yazidi woman and ISIL survivor, came to the Carr Center for Human Rights to tell her story

UN High Commissioner: Have We Exaggerated Threat of ISIS?

The United Nations High Commissioner for Human Rights joins us for the first episode of Human Rights in Conversation, discussing everything from the rise of ISIS to ethnic tensions in Burundi.