Institutions of Global Governance & Civil Society

On Where We Differ: Sites Versus Grounds of Justice, and Some Other Reflections on Michael Blake’s Justice and Foreign Policy
Mathias Risse. 2/29/2016. “On Where We Differ: Sites Versus Grounds of Justice, and Some Other Reflections on Michael Blake’s Justice and Foreign Policy.” Law and Philosophy, 35, 3, Pp. 251-270. See full text.Abstract

Mathias Risse examines Michael Blake's Justice and Foreign Policy.

 

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.

HKS

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 year...

Read more about Introducing Carr Center's 2016-2017 Fellows
United States Law and Policy on Transitional Justice: Principles, Politics and Pragmatics
Zachary D. Kaufman. 4/7/2016. United States Law and Policy on Transitional Justice: Principles, Politics and Pragmatics, Pp. 382 pages. New York: Oxford University Press. See full text. Abstract
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.

Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality
Federica D’Alessandra. 2014. “Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality.” Utrecht Journal of International and European Law. See full text.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.

Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.
Federica D’Alessandra. 2014. “Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.”. See full text.Abstract
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.

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. She was a Carr Center Fellow from 2017 to 2019. 

... Read more about Ezgi Yildiz

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Sushma Raman

Executive Director
Faculty Committee - Ex-officio

Sushma Raman is Carr Center's Executive Director. Sushma brings a rich and diverse background in philanthropy, human rights and social justice through her work in the U.S. and globally with the Ford Foundation and the Open Society Foundations, as well as her experience leading human rights programs, philanthropic collaboratives, and social justice foundations. 

... Read more about Sushma Raman

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John Shattuck

Senior Fellow
Program Lead for Renewing Rights and Responsibilities
Professor of Practice in Diplomacy, Fletcher School, Tufts University

John Shattuck is Professor of Practice in Diplomacy at the Fletcher School of Law and Diplomacy, Tufts University, a Senior Fellow of the American Academy of Arts and Sciences, a member of the Council on Foreign Relations, and chairs the international advisory board of the Center on Ethics, Justice and Public Life at Brandeis University. His many publications include Freedom on Fire, a study of the international response to genocide and crimes against humanity, Rights of Privacy, and many articles on democracy, human rights, civil liberties, international relations and higher education. 

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

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Kathryn Sikkink

Ryan Family Professor of Human Rights Policy, HKS

Kathryn Sikkink works on international norms and institutions, transnational advocacy networks, the impact of human rights law and policies, and transitional justice. Her publications include The Justice Cascade: How Human Rights Prosecutions are Changing World Politics (awarded the Robert F. Kennedy Center Book Award, and the WOLA/Duke University Award); Mixed Signals: U.S. Human Rights Policy and Latin America; Activists Beyond Borders: Advocacy Networks in International Politics (co-authored with Margaret Keck and awarded the Grawemeyer Award for Ideas for Improving World Order, and the ISA Chadwick Alger Award for Best Book in the area of International Organizations); and The Persistent Power of Human Rights: From Commitment to Compliance, (co-edited with Thomas Risse and Stephen Ropp).... Read more about Kathryn Sikkink

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Luis 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.

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Zachary D. Kaufman

Zachary D. Kaufman

Senior Fellow

Zachary D. Kaufman, J.D., Ph.D., focuses on international law and international relations, including U.S. foreign policy and national security; transitional justice; human rights; genocide, war crimes, crimes against humanity, and other mass atrocities; war crimes tribunals (including the International Criminal Court); social entrepreneurship; and the Great Lakes region of Africa (particularly Rwanda).... Read more about Zachary D. Kaufman

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