Institutions of Global Governance & Civil Society

Blake’s book conveys a straightforward directive: the foreign policy of liberal states should be guided and constrained by the goal of helping other states to become liberal democracies as well. This much is what we owe to people in other countries—this much but nothing more. The primary addressees are wealthier democracies, whose foreign policy ought to be guided by the idea of equality of all human beings. My approach in On Global Justice bears important similarities to Blake’s, but with those similarities also come equally important differences. The purpose of this piece is to bring out these similarities and differences and in the process articulate some objections to Blake.

Introducing Carr Center's 2016-2017 Fellows

Introducing Carr Center's 2016-2017 Fellows

August 25, 2016

The Carr Center is pleased to announce our Fellows for the upcoming academic year. Carr Center Fellowships offer scholars and practitioners the opportunity to spend a semester or year at Harvard conducting research, sharing experiences with students, and exploring critical human rights issues with a distinguished group of peers. Our fellows come with a range of experience as researchers, practitioners and leaders in the filed of human rights.

See more information on all of Carr Center's fellows for the 2016-2016… Read more about Introducing Carr Center's 2016-2017 Fellows

Closing Civil Society Space

The Carr Center identifies and challenges threats to civil society actors, including restrictions imposed on human rights defenders and activists.

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.

Latin American governments, social movements, and regional organizations have made a far greater contribution to the idea and practice of international human rights than has previously been recognized. Most discussions of the global human rights regime stress its origins in the countries of the Global North. This article explores the role of Latin America states as early protagonists of the international protection of human rights, focusing in particular on the American Declaration of the Rights and Duties of Man. Histories of human rights in the world emphasize the Universal Declaration of Human Rights, passed by the UN General Assembly on 10 December 1948, as the founding moment of international human rights. Few know that Latin American states passed a similar American Declaration of the Rights and Duties of Man a full eight months before passage of the UDHR. The American Declaration thus was the first broad enumeration of rights adopted by an intergovernmental organization. This article explores the American Declaration as an example of often overlooked Latin American human rights protagonism that has continued to this day, and that calls into question the idea that human rights originated in only the Global North.

This working paper focuses on the legal protection awarded to the Arab populations under Israeli jurisdiction. In analyzing their legal protection, the author distinguishes between Arab Israelis and other Arab populations resident in territories under Israeli jurisdiction. The author does not deal with Israeli settlements or other discriminating laws such as marriage laws and the family reunification laws, but focuses on anti-terrorism measures. The working paper is divided in three parts: in the first part, the author discusses Israel’s domestic obligations towards Arab Israelis and Palestinian residents, and their de facto discrimination. The second part discusses the applicability of the Fourth Geneva Convention to both the Occupied Palestinian Territories and Palestinian unlawful combatants. The third part discusses the applicability of human rights law to all territories under Israeli jurisdiction, and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The working paper concludes that many Israeli anti-terrorism measures (such as check-points, night searches of Palestinian households, administrative detentions and targeted executions of Palestinian militants) violate individuals’ rights protected under domestic and international law. Moreover, this working paper finds that Israel’s rationale underpinning the non-applicability of such legislation to the Arab populations under its jurisdiction constitutes a form of ‘alternative legality’ and discrimination.

Federica D’Alessandra. 2014. “Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality.” Utrecht Journal of International and European Law. Publisher's Version Abstract

In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control. To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents) and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.

Ezgi Yildiz

Ezgi Yildiz

Fellow

Ezgi Yildiz is a Postdoctoral Fellow at the Carr Center, where she is affiliated with the Costs and Consequences of Torture Project. She holds a PhD in International Relations with a Minor in International Law (summa cum laude with distinction) from the Graduate Institute of International and Development Studies in Geneva, Switzerland. She conducts interdisciplinary research on international relations and international law, and specializes in international courts and human rights with a focus on the European Court of Human Rights, and the prohibition of torture and inhuman or degrading treatment. Her research has been funded by the Swiss National Science Foundation’s Doc CH and Early Postdoc Mobility grants.

Read more about Ezgi Yildiz

BS

William F. "Bill" Schulz

Senior Fellow

Bill Schulz was the Executive Director of Amnesty International USA, the U.S. division of Amnesty International, from March 1994 to 2006. He was a Senior Fellow at the Center for American Progress and an Adjunct Professor of International Relations at The New School. Schulz was the recipient of the 2000 Humanist of the Year award from the American Humanist Association. Since 2010, Schulz has served as the president and CEO of the Unitarian Universalist Service Committee.

Luis  Gabriel Moreno-Ocampo

Luis Gabriel Moreno-Ocampo

Senior Fellow

Luis Moreno-Ocampo was the first Prosecutor (June 2003- June 2012) of the new and permanent International Criminal Court.  His office was involved in twenty of the most serious crises of the 21st century including Iraq, Korea, Afghanistan, and Palestine. He conducted investigations in seven different countries, presenting charges against Muammar Gaddafi for crimes against humanity committed in Libya, the President of the Sudan Omar Al Bashir for genocide in Darfur, the former President of Ivory Coast Laurent Gbagbo, Joseph Kony and the former Vice President of the Democratic Republic of Congo Jean Pierre Bemba. Previously, Moreno-Ocampo played a crucial role during the transition to democracy in Argentina, as the deputy prosecutor in the "Junta trial" in 1985 and the Prosecutor in the trial against a military rebellion in 1991. He was a Visiting Professor at Stanford University and Harvard University. After the end of his tenure as ICC Prosecutor, Moreno Ocampo was the chairman of the World Bank Expert Panel on the Padma Bridge project. He is now in private practice at a New York law firm.

R 207
Hyoung Joo Kim

Hyoung Joo Kim

South Korean journalist Hyoung Joo Kim studied at the Harvard Kennedy School of Government and was awarded a Master’s in Public Policy in 2015. Earlier degrees include a Master of Arts in Journalism and Communication (2013) and a Bachelor of Engineering in Chemical Engineering (2001) at Seoul National University. Last year he worked as a research fellow at the Kennedy School’s Ash Center for Democratic Governance and Innovation. Before joining the Kennedy School, Hyoung Joo worked as a staff reporter at Seoul Broadcasting System, Korea’s largest commercial TV station (2004–2013). For his journalistic achievements, he won several awards, including one of the country’s most prestigious prizes, the Korean Journalist of the Month Award.

R 112
David King

David King

Faculty
Senior Lecturer in Public Policy

David C. King is Senior Lecturer in Public Policy at The Harvard Kennedy School and Faculty Chair of the MPA programs. He also chairs Harvard's Program for Newly Elected Members of the U.S. Congress and Harvard's executive program for leaders in State and Local Governments. Professor King joined the faculty in 1992, and he lectures on Legislatures, Political Parties, and Interest Groups.… Read more about David King

L-303
p: 617-495-1665
John Shattuck

John Shattuck

Senior Fellow

John Shattuck comes to the Carr Center after a distinguished career spanning more than three decades in higher education, international diplomacy, foreign policy and human rights. Shattuck served as the President and Rector of Central European University, CEO of the John F. Kennedy Library Foundation, a national public affairs center in Boston, and Senior Fellow at Tufts University, where he taught human rights and international relations.… Read more about John Shattuck

R-203
p: 617-495-8450
Jennifer Leaning

Jennifer Leaning

François-Xavier Bagnoud Professor of the Practice of Health and Human Rights
Director, FXB Center for Health and Human Rights

Dr. Leaning’s research and policy interests include issues of public health, medical ethics, and early warning in response to war and disaster, human rights and international humanitarian law in crisis settings, and problems of human security in the context of forced migration and conflict. She has field experience in problems of public health assessment and human rights in a range of crisis situations (including Afghanistan, Albania, Angola, Kosovo, the Middle East, former Soviet Union, Somalia, the Chad-Darfur border, and the African Great Lakes area) and has written widely on these issues.

Read more about Jennifer Leaning

Pages