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.
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.
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.
"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."
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.
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.
In July 2015, the Fédération Internationale de Football Association, otherwise known as FIFA, announced that as a prominent part of its new reforms, it will ‘recognise the provisions of the UN Guiding Principles on Business and Human Rights (‘GPs’)1 and will make it compulsory for both contractual partners and those within the supply chain to comply with these provisions’.
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.
The Office of Career Advancement’s Professional Areas of Interest introduce some of the broad areas in which many HKS graduates choose to work. These guides present an introduction to these areas, the culture and current requirements of prospective employers, and how to build a compelling profile. The latest edition is specific to careers in Human Rights.
Operation Inherent Resolve is the name of the air campaign carried out by a Combined Joint Task Force of US-led coalition forces against the Islamic State of Iraq and the Levant, also known as ISIS/ISIL/Daesh.1 Repeatedly, the campaign has been engaged to ‘degrade and ultimately destroy’ Daesh. The group is a terrorist-designated organisation3responsible for war crimes and crimes against humanity – arguably even genocide (against the Yazidis minority of Iraq) – underthe Rome Statute. The group is at war with more than 60 nations or groups: coalition nations conducting airstrikes in Iraq includeAustralia, Belgium, Canada, Denmark, France, the Netherlands, the United Kingdom and the United States; coalition nations conducting airstrikes in Syria include Bahrain, Jordan, Saudi Arabia, the United Arab Emirates and the United States.
Guest edited by Siddharth Kara, this issue of Social Inclusion focuses on human trafficking and modern slavery. Read the opinion piece by Kara Read the full journal States Kara: "When I first began researching human trafficking and modern forms of slavery fifteen years ago, there was very limited awareness of these offences, and even less scholarship. While non-profit organizations, activists, and charitable foundations have worked assiduously to raise awareness of human trafficking and to tackle root causes, investment by the academic community to analyze the nature, scale, and functioning of the phenomena has been slower to evolve. Indeed, much of the confusion relating to basic terms and concepts on the topic of modern forms of slavery has been due, in large part, to the lack of scholarly analysis of the issues. Following on this gap has been a dearth of robust, first-hand field research that can guide scholarship, investment, and activism, and help frame the complex questions relating to law, economics, human rights, gender, poverty, corruption, migration, the rights of children and minorities, and many other issues that are fundamental to our understanding of human trafficking."
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.
Siddharth Kara, Harvard University fellow and author of three books on modern-day slavery, talks about the profits and losses of slavery and what he has learned from 12 years of research into trafficking, across six continents.
Siddharth Kara's Sex Trafficking has become a critical resource for its revelations into an unconscionable business, and its detailed analysis of the trade's immense economic benefits and human cost. This volume is Kara's second, explosive study of slavery, this time focusing on the deeply entrenched and wholly unjust system of bonded labor.
Drawing on eleven years of research in India, Nepal, Bangladesh, and Pakistan, Kara delves into an ancient and ever-evolving mode of slavery that ensnares roughly six out of every ten slaves in the world and generates profits that exceeded $17.6 billion in 2011. In addition to providing a thorough economic, historical, and legal overview of bonded labor, Kara travels to the far reaches of South Asia, from cyclone-wracked southwestern Bangladesh to the Thar desert on the India-Pakistan border, to uncover the brutish realities of such industries as hand-woven-carpet making, tea and rice farming, construction, brick manufacture, and frozen-shrimp production. He describes the violent enslavement of millions of impoverished men, women, and children who toil in the production of numerous products at minimal cost to the global market. He also follows supply chains directly to Western consumers, vividly connecting regional bonded labor practices to the appetites of the world. Kara's pioneering analysis encompasses human trafficking, child labor, and global security, and he concludes with specific initiatives to eliminate the system of bonded labor from South Asia once and for all.
THOUSANDS have lived without love, not one without water,” so W. H. Auden finished his poem “First Things First.” And right he was. Only oxygen is needed more urgently than water at most times. But a key difference that makes water a more immediate subject for theorists of justice is that, for now, oxygen is normally amply available where humans live. Historically, the same was true of water since humans would not settle in places without clean water. Nowadays, however, water treatment plants and delivery infrastructure have vastly extended the regions where humans can live permanently. Population increases have prompted people to settle in locations where access to clean water is precarious.
In May, two young women in rural India left their modest homes in the middle of the night to relieve themselves outside. Like millions in India, their homes had no bathrooms. The next morning, their bodies were found hanging from a mango tree. They had been attacked, gang-raped and strung up by their own scarves. Eighteen months after a gang-rape on a Delhi bus, this incident and others since have galvanized nationwide protests to end violence against women and highlighted caste-related discrimination. The tragic story also underscores the need to talk about another taboo topic: open defecation.
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.
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.
Common humanity is one ground of justice. The distinctively human life generates claims, and their form is that of natural rights. However, explorations of how the distinctively human life generates obligations lead only to a rather limited set of rights—basic security and subsistence rights. Inquiries into another nonrelational ground also produce rather limited results. That ground is humanity's collective ownership of the earth. The principle of justice associated with it merely requires an equal opportunity to use natural spaces and resources for the satisfaction of basic needs. In particular, this result is incompatible with any kind of welfarist commitment. The sheer fact that anybody's welfare as suchwould be lowered or raised is not a matter of justice. If people share associations with each other (membership in a state, or being connected by trade, say) we can derive obligations from their shared involvement with these associations. But unless people do indeed share such associations, the obligations that hold among them will be rather limited.