. 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
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Zachary D. Kaufman. 2/22/2018. “The Prospects, Problems, and Proliferation of Recent UN Investigations of International Law Violations.” Journal of International Criminal Justice, 16, 1, Pp. 93-112. See full text.Abstract
In his recent article, The Prospects, Problems and Proliferation of Recent UN Investigations of International Law Violations, Zachary Kaufman examines investigations into atrocity crimes in Iraq, Syria, Myanmar, Burundi, and Yemen.
Atrocity crimes rage today in Iraq, Syria, Myanmar, Burundi, and Yemen. Given their potential to establish facts and promote accountability, recently opened United Nations investigations of international law violations in each of these states are thus a welcome, even if belated, development. However, these initiatives prompt questions about their designs, both in isolation and relative to each other.
This article describes the investigations into alleged violations in these five states, examines their respective sponsors and scopes, and presents a wide range of questions about the investigations and their implications, including their coordination with each other and their use of evidence in domestic, foreign, hybrid, and international courts (such as the International Criminal Court). The article concludes that, while seeking accountability for international law violations is certainly laudatory, these particular investigations raise significant questions about achieving that goal amidst rampant human rights abuses in these five states and beyond. International lawyers, atrocity crime survivors, and other observers thus await answers before assessing whether these investigations will truly promote justice.
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.
John Shattuck, Amanda Watson, and Matthew McDole. 2/15/2018. New Report - Trump's First Year: How Resilient is Liberal Democracy in the US?. Carr Center for Human Rights Policy.Abstract
Declining levels of political participation and public confidence in government in the US are not new, but the populist forces that propelled the election of Donald Trump in 2016 signaled a new level of public disillusionment with democratic politics as usual. There has been a sharp increase in public discontent with the system of governance in the US over the last fifteen years.
A new report from the Carr Center for Human Rights Policy examines the democratic checks and balances in the US, and measures their resiliency in the first year of the Trump administration, comparing US response to illiberal democracies worldwide.
Alberto Mora. 2/5/2018. “How Trump Just Might Close Guantanamo Prison.” Defense One. See full text.Abstract
See Carr Center Senior Fellow Alberto Mora's new Op-Ed in Defense One.
The president asked SecDef and Congress to ensure that detention policies support warfighting aims. That should mean shutting Gitmo down.
Will President Trump close the prison camp at Guantanamo Bay?
This question may sound preposterous. After all, President Obama, who called the prison a threat to national security and American ideals, actually tried to close it. President Trump, by contrast, is on record as vehemently favoring not only its continuation but its expansion. On Jan. 30 he reaffirmed that commitment both in his State of the Union address and in an executive order revoking President Obama’s order commanding its closure.
Why, then, even raise the prospect of closing Guantanamo during this administration? The answer lies in two related actions recently taken by the president: his command to Defense Secretary Jim Mattis to “reexamine our military detention policy” and report back to him within 90 days and his request to Congress to ensure that “we continue to have all necessary power to detain terrorists.” The two actions in conjunction represent an unexpected open-mindedness on the part of the president with respect to detention policy. By seeking a broad-focus, “blank-sheet-of-paper” review, asking Mattis to take charge, and inviting Congress to join with them, President Trump acted prudently and, dare I say it, wisely.
John Shattuck. 2/15/2018. Trump's First Year: How Resilient is Liberal Democracy?. Carr Center Discussion Paper Series. 2018001st ed. Cambridge, MA: Carr Center for Human Rights Policy, Harvard Kennedy School. See full text. Abstract
In his recent discussion paper, Shattuck examines the Trump administration’s attacks on liberal democratic institutions during its first year, and assesses their institutional resilience.
In its 2016 “Democracy Index” report, the Economist Intelligence Unit downgraded the United States from a “full” to a “flawed democracy”. The report cited “an erosion of trust in political institutions” as the primary reason for the downgrade.1 In January 2018 Freedom House made a more dire assessment: “democratic institutions in the US 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.”2
Declining levels of political participation and public confidence in government in the US are not new, but the populist forces that propelled the election of Donald Trump in 2016 signaled a new level of public disillusionment with democratic politics as usual. There has been a sharp increase in democratic discontent over the last fifteen years. An October 2017 Washington Post/University of Maryland poll found that 71% of Americans believe that political polarization and democratic dysfunction have reached “a dangerous low point”. Three years earlier, in 2014, a Gallup Poll showed that 65% of Americans were “dissatisfied with their system of government and how it works,” a dramatic reversal from 68% satisfaction twelve years earlier in 2002.
How resilient is liberal democracy, and how broad is its base of support? On a global level there is evidence of both erosion and resilience. A November 2017 report of the Institute for Democracy and Electoral Assistance, an intergovernmental organization that assesses the state of democracy worldwide, put it this way: “The current situation is more positive than suggested by an increasingly gloomy view that democracy has been in decline for the last ten years or more. This period appears to be one of trendless fluctuations in which gains and downturns in individual countries
tend to balance each other out at the global level.”3 From this vantage point, democracy in the US may be resilient when compared to some other democracies where neo-authoritarian leaders -- such as Orban in Hungary, Kaczyński in Poland, and Erdoğan in Turkey -- have recently undermined the independence and functioning of pluralist institutions.
But the health of American democracy has been called into question. Experts are divided on whether the illness reflects an ongoing struggle in the US by the proponents of liberal democracy to fend off anti-democratic tendencies ,4 or a long-term trend toward democratic deconsolidation.5 This paper considers a sampling of evidence about attacks on key institutions and elements of democracy in the US during the first year of the Trump administration, and potential sources of democratic resilience in the media, the judiciary, law enforcement, democratic norms and principles, the electoral process, civil society, state and local government, the federal civil service, and the Congress. The stakes are high. A central question, posed by a provocative new book, How Democracies Die, by Harvard scholars Stephen Levitsky and Daniel Zieblatt, is whether these institutions will withstand anti-democratic pressure, or “become political weapons, wielded forcefully by those who control them against those who do not?”6
Following is a summary of the Trump administration’s challenges to democratic institutions during its first year and an assessment of institutional resilience compiled in this report.
Kathryn Sikkink. 9/8/2017. Evidence for Hope: Making Human Rights Work in the 21st Century, Pp. 336. Princeton, NJ: Princeton University Press. See full text.Abstract
Kathryn Sikkink's new book documents the history of successes of the human rights movement, and makes a case for why human rights work.
Evidence for Hope makes the case that, yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. They point out that Guantánamo is still open, the Arab Spring protests have been crushed, and governments are cracking down on NGOs everywhere. But respected human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to pessimistic doubts about human rights laws and institutions. She demonstrates that change comes slowly and as the result of struggle, but in the long term, human rights movements have been vastly effective.
Attacks on the human rights movement’s credibility are based on the faulty premise that human rights ideas emerged in North America and Europe and were imposed on developing southern nations. Starting in the 1940s, Latin American leaders and activists were actually early advocates for the international protection of human rights. Sikkink shows that activists and scholars disagree about the efficacy of human rights because they use different yardsticks to measure progress. Comparing the present to the past, she shows that genocide and violence against civilians have declined over time, while access to healthcare and education has increased dramatically. Cognitive and news biases contribute to pervasive cynicism, but Sikkink’s investigation into past and current trends indicates that human rights is not in its twilight. Instead, this is a period of vibrant activism that has made impressive improvements in human well-being.
Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how these essential advances can be supported and sustained for decades to come.
Kathryn Sikkink is the Ryan Family Professor of Human Rights Policy at the Harvard Kennedy School of Government, and the Carol K. Pforzheimer Professor at the Radcliffe Institute for Advanced Study. Her books include The Justice Cascade (Norton) and Activists beyond Borders. She lives in Cambridge, MA.
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.
Sarah Peck. 12/21/2016. Carr Center's 2016 Annual Report. Cambridge : Carr Center for Human Rights Policy. See full text.Abstract
See the Carr Center's 2016 Annual Report.
Today we stand at a precipice. A critical fight for fundamental human rights is brewing, and our work to find policy solutions to the most pressing human rights issues has never been more urgent. These issues include economic justice; human security; equality and discrimination; and institutions of global governance and civil society. We leverage research, practice, leadership and communications and technology to enhance global justice and to address all four of these priority issues.
2016 saw a number of important victories for the Carr Center for Human Rights Policy, engaging our outstanding faculty members, fellows and students. We hosted a two-day symposium on the future of human rights and technology, convening a diverse group of practitioners working on these issues. And we organized a conference exploring the strategic costs and consequences of the use of torture.
2017 presents new challenges, but also new opportunities to engage and collaborate to ensure respect for our most fundamental rights and freedoms. We will continue to work tirelessly, as we have for the past 15 years, to enhance global justice – and we hope that you will join us in this critically important work.
Alberto Mora. 3/11/2017. “Trump’s Revised Travel Ban Is Denounced by 134 Foreign Policy Experts.” The New York Times .Abstract
Read the letter, which features Alberto Mora, published in The New York Times.
WASHINGTON — More than 130 members of America’s foreign policy establishment denounced President Trump’s revised travel ban on Friday as just as damaging to the United States’ interests and reputation as his original order that halted refugees and froze travelers from predominantly Muslim countries.
In a letter to Mr. Trump, the former government officials and experts said even the scaled-back order will “weaken U.S. security and undermine U.S. global leadership.” And they said it continues to signal to Muslim allies that — as the Islamic State and other extremist propaganda profess — the United States is an enemy of Islam.
Read the full letter in The New York Times, Carr Center Senior Fellow Alberto Mora is one of the letter's signatories.
