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    (Re)discovering duties: individual responsibilities in the age of rights
    Kathryn Sikkink and Fernando Berdion Del Valle. 2017. “(Re)discovering duties: individual responsibilities in the age of rights.” Minnesota Journal of International Law, 26, 1, Pp. 189-245. See full text.Abstract
    Kathryn Sikkink and Fernando Berdion Del Valle publish new article in Minnesota Journal of International Law: "(Re)discovering Duties: Individual Responsibilities in the Age of Rights."

    “There cannot be ‘innate’ rights in any other sense than that in which there are innate duties, of which, however, much less has been heard.”

    Their article seeks to recover the tradition of individual duties that is integral to the historical origins of international human rights, arguing that increased attention to duties and responsibilities in international politics can be necessary complements to promoting human rights, particularly economic, social, and cultural rights.

     

     

    After 17 Years, Justice For 9/11 Remains Elusive
    Sushma Raman. 9/27/2018. “After 17 Years, Justice For 9/11 Remains Elusive.” Human Rights First. See full text.Abstract
    Sushma Raman discusses the government’s twin challenges—upholding both the rule of law and national security—and the resulting delays in the trails of the 9/11 suspects.
     

    “My father, along with many residents of the New Jersey town we are from, died on 9/11.  My mother died recently, without seeing justice.  It is possible that we will not see justice in my lifetime.”

    —Family member of victim, September 15, 2018 

    “Khalid Sheikh Mohammed? You mean he is still alive and that trial hasn’t even started?” 

    —A colleague of mine, who is a retired senior U.S. government official, September 17, 2018 

     

    Earlier this month, as an independent observer for Human Rights First, I attended a pre-trial hearing in the Guantanamo military commission for the 9/11 suspects. The proceedings fell on the week of September 10, and it was particularly poignant to be there on the anniversary of the attacks. Seventeen years later, there is no start date for the trial of the five men accused of orchestrating the attacks, and the long-serving judge has just been replaced. 

    The week’s highlights included a “voir dire” of the new judge, in which he was questioned by the prosecution and defense, and a hearing on the dismissal of the former Military Commissions Convening Authority, Harvey Rishikof. 

    Judge Pohl, an Army colonel, announced his retirement in August and assigned Keith Parrella, a military judge with two years’ judicial experience, to replace him. Just before stepping down, Judge Pohl ordered the exclusion of statements the defendants made to FBI interrogators after their transfer from CIA secret prisons, also called “black sites,” to Guantanamo. 

    Lawyers for the defendants questioned incoming Judge Parrella on his limited experience as a military judge and in death penalty cases. They also raised the potential for conflict of interest, given Parella’s prior work at the Department of Justice (DOJ) as a fellow alongside several members of the 9/11 prosecution team. 

    They also inquired about his knowledge of “mitigation”—evidence from the defense geared to persuade the court that the defendants should not receive a death sentence. The defendants spent years in the CIA’s Rendition, Detention, and Interrogation program. Their brutal treatment will undoubtedly be raised as a mitigating factor during any sentencing phase. Defense attorneys also questioned Parella’s ability to come up to speed on past rulings. He would have to review more than 20,000 pages of transcripts of the last six years of pre-trial proceedings. 

    On September 10th, all five defendants were present at the start of the day, along with their defense counsel. The new judge agreed to, among other things, allow the defendants to be unshackled (unless there was probable cause) and keep breaks in the day that coincide with the defendants’ prayer times.

    On Tuesday, September 11th, all five defendants were absent in the morning. Judge Parrella set forth his findings that he possessed the requisite skills and experience to preside in the case, that his DOJ fellowship did not pose a conflict, and that he has no personal bias against the defendants or prior affiliation with the case. 

    Another key matter was the firing of Convening Authority Harvey Rishikof. The government argued that Rishikof was fired due to concerns about judgment, temperament, and a lack of appropriate coordination with superiors. The court heard testimony from Lieutenant Doug Newman, an investigator assigned to the office that oversees the defense teams, who described his investigation into Rishikof’s firing. Newman discussed his interviews with former Obama Administration officials, including Deputy Secretary of Defense Robert Work and former White House Counsel Neil Eggleston. According to Newman, Eggleston indicated that President Obama had become frustrated with the slow pace and cost of the process and asked for a path to move the case forward. 

    Defense counsel said that Rishikof had been exploring plea deals that would have taken the death penalty off the table and expedited proceedings. They questioned whether his firing constituted unlawful command influence from political appointees who sought to shape the judicial workings of the case and thus, compromise the independence of the proceedings. 

    Upholding both the rule of law and national security are the twin challenges facing the government in this case. The use of torture, as well as alleged government surveillance and intrusion into attorney-client conversations, may result in delays for years to come, with justice remaining elusive for the victims, their families, and the American public. 

    Sushma Raman is the Executive Director of the Carr Center for Human Rights Policy at the Harvard Kennedy School and served as an independent observer representing Human Rights First. This blog does not reflect the official opinion or position of Harvard Kennedy School or the Carr Center for Human Rights Policy. 

     

    How Democracy in America Can Survive Donald Trump
    John Shattuck. 2/23/2018. “How Democracy in America Can Survive Donald Trump.” The American Prospect. Publisher's VersionAbstract
    New article by Senior Fellow John Shattuck in The American Prospect.

    Alexis de Tocqueville observed in 1835 that “the greatness of America lies not in being more enlightened than any other nation, but rather in her ability to repair her faults.” Tocqueville’s observation, broadly accurate over the past two centuries, is facing perhaps its most severe test today.

    In its 2016 “Democracy Index” report, the Economist Intelligence Unit downgraded the United States from a “full” to a “flawed democracy.” In 2018, Freedom House offered a more dire assessment: “[D]emocratic institutions have suffered erosion, as reflected in partisan manipulation of the electoral process, bias and dysfunction in the criminal justice system, and growing disparities in wealth, economic opportunity, and political influence.”

    Declining participation and confidence in government are not new, but the populist forces that propelled the election of Donald Trump signaled a new level of public disillusionment with democratic politics and institutions. During his campaign and first year in office, Trump’s core constituency cheered him on as he attacked fundamental elements of liberal democracy, including media freedom, judicial independence, and a pluralist civil society. 

    Read the full article in The American Prospect. 

    How to Defend Human Rights in the Trump Era
    John Shattuck. 1/25/2017. “How to Defend Human Rights in the Trump Era.” The Boston Globe.Abstract
    Carr Center's Senior Fellow John Shattuck's latest Op-Ed in the Boston Globe.

    Recent presidents who threatened rights have been reined in. Richard Nixon used the power of the presidency to attack the Constitution and his political enemies, but the House of Representatives voted to impeach him. Ronald Reagan tried to overturn hard-won legislation on the rights of women and minorities, but civil society groups and a bipartisan congressional coalition beat back the attack. George W. Bush introduced the use of torture in violation of domestic and international law, but resistance inside the federal government led to reinstatement of the torture ban.

    Following these examples, a new citizen movement must mobilize the assets of American democracy to protect basic rights and freedoms in the Trump era."

    Read the full Op-Ed in the Boston Globe.

    Hungary’s Attack on Academic Freedom
    John Shattuck. 4/3/2017. “Hungary’s Attack on Academic Freedom”.Abstract
    See the op-ed in The Boston Globe by Carr Senior Fellow John Shattuck.

    An authoritarian nationalist regime in Hungary is threatening a renowned international university in Budapest. Legislation introduced last week by the government of Prime Minister Viktor Orban would fundamentally alter the legal status of Central European University and could force it to shut down or leave the country.

    What’s going on in Hungary is not a local political dispute, but a frontal assault on liberal values essential to democracy and academic freedom.

    Full Op-Ed here.

    Karadzic verdict is a victory for civilization
    John Shattuck. 3/26/2016. “Karadzic verdict is a victory for civilization.” The Boston Globe. See full text.Abstract
    See latest 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."

    Reimagining Rights and Responsibilities in the United States: Toward a More Equal Liberty
    John Shattuck and Mathias Risse. 10/8/2020. “Reimagining Rights and Responsibilities in the United States: Toward a More Equal Liberty.” Reimagining Rights and Responsibilities in the United States, 2020-01. See full text.Abstract

    Americans today know they face threats to their rights, their democracy, their health and their economy. These threats are interrelated and demand a transformative response. Transformations have occurred at other pivotal moments in our nation’s history—at its founding during the American Revolution, its Reconstruction after the Civil War, its recovery from the Great Depression, its rise after World War II, and its reimagining during the Civil Rights Movement. Can today become a similar moment of transformation, turning threats into opportunities through the power of civic activism, voting, and government response? Can we reimagine the promise of rights that bind us together as a nation of diverse histories, identities, and lived experiences? 
     
    With the release of their nonpartisan, evidence-based report, Reimagining Rights and Responsibilities in the United States, researchers at Harvard Kennedy School’s Carr Center for Human Rights provide a guide for the nation wrestling with its values. This blueprint for protecting and expanding citizens’ rights proposes policy changes to strengthen democratic processes; safeguard equal protection, equal opportunity, and due process of law; and better protect freedoms of speech, media, religion and privacy. The Reimagining Rights and Responsibilities Project is directed by John Shattuck, Carr Center Senior Fellow and former US Assistant Secretary of State for Democracy, Human Rights and Labor. The report and the project are overseen by a faculty committee chaired by Carr Center Faculty Director Mathias Risse.
     
    The report offers an in-depth analysis of the state of rights in America in 2020, and then offers 80 recommendations to address failures to protect these rights. The Reimagining Rights team researched fifteen topics in five broad categories that are fundamental to protecting and expanding citizens’ rights. The Carr Center will continue to publish the fifteen reports in the coming months that expand upon specific rights domains in greater detail, including voting rights, money in politics, civic education, racial equality, women’s rights, and other areas of research. Sign up for our newsletter and follow our social media channels to stay up-to-date as we release each report.

    Read the Executive Summary.

     

    Read the Additional Reports: 

    1. Voting Rights
    2. Money in Politics
    3. Civic Education
    4. Racial Discrimination
    5. Women's Rights
    6. LGBTQ+ Rights
    7. Disability Rights
    8. Equal Access
    9. Immigration
    10. Criminal Justice & Public Safety
    11. Gun Rights & Public Safety
    12. Freedom of Speech & Media
    13. Religious Freedom
    14. Hate Crimes
    15. Privacy, Personal Data, and Surveillance

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