. 2/15/2018. New Report - Trump's First Year: How Resilient is Liberal Democracy in the US?. Carr Center for Human Rights Policy.Abstract
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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.
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.
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.
Zachary D. Kaufman. 9/28/2017. “New UN Team Investigating ISIS Atrocities Raises Questions About Justice in Iraq and Beyond.” Just Security. See full text.Abstract
New UN Team Investigating ISIS Atrocities Raises Questions About Justice in Iraq and Beyond:
On September 21, the United Nations Security Council (UNSC) unanimously passed resolution 2379 to pursue accountability for atrocity crimes perpetrated in Iraq by the Islamic State (also called ISIS, ISIL or Da’esh). The resolution, in paragraph 2, requests the UN Secretary-General "To establish an Investigative Team, headed by a Special Adviser, to support domestic efforts to hold ISIL (Da’esh) accountable by collecting, preserving, and storing evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide committed by the terrorist group ISIL (Da’esh) in Iraq . . . to ensure the broadest possible use before national courts, and complementing investigations being carried out by the Iraqi authorities, or investigations carried out by authorities in third countries at their request."
The desirability of such an investigative team is well understood. ISIS has perpetrated widespread and systematic murder, kidnapping, sexual violence (including forced marriage and sexual slavery), and destruction of cultural heritage. The creation of this investigative team is thus a welcome, even if belated, development. However, this initiative prompts questions about the body’s scope, use of evidence, comparison to Syria, and precedential value.
Suggested Citation:
Kaufman, Zachary D., New UN Team Investigating ISIS Atrocities Raises Questions About Justice in Iraq and Beyond (September 28, 2017). Just Security, September 28, 2017. Available at SSRN: https://ssrn.com/abstract=3044527
Siddharth Kara. 10/2017. Modern Slavery: A Global Perspective, Pp. 360. Colombia University Press. See full text.Abstract
Modern Slavery: A Global Perspective book by Siddharth Kara
Siddharth Kara is a tireless chronicler of the human cost of slavery around the world. He has documented the dark realities of modern slavery in order to reveal the degrading and dehumanizing systems that strip people of their dignity for the sake of profit—and to link the suffering of the enslaved to the day-to-day lives of consumers in the West. In Modern Slavery, Kara draws on his many years of expertise to demonstrate the astonishing scope of slavery and offer a concrete path toward its abolition.
From labor trafficking in the U.S. agricultural sector to sex trafficking in Nigeria to debt bondage in the Southeast Asian construction sector to forced labor in the Thai seafood industry, Kara depicts the myriad faces and forms of slavery, providing a comprehensive grounding in the realities of modern-day servitude. Drawing on sixteen years of field research in more than fifty countries around the globe—including revelatory interviews with both the enslaved and their oppressors—Kara sets out the key manifestations of modern slavery and how it is embedded in global supply chains. Slavery offers immense profits at minimal risk through the exploitation of vulnerable subclasses whose brutalization is tacitly accepted by the current global economic order. Kara has developed a business and economic analysis of slavery based on metrics and data that attest to the enormous scale and functioning of these systems of exploitation. Beyond this data-driven approach, Modern Slavery unflinchingly portrays the torments endured by the powerless. This searing exposé documents one of humanity’s greatest wrongs and lays out the framework for a comprehensive plan to eradicate it.
Dara Kay Cohen. 9/12/2017. “The ties that bind: How armed groups use violence to socialize fighters.” Journal of Peace Research, 54, 5, Pp. 701-714. See full text.Abstract
How do armed groups use violence to create social ties? What are the conditions under which such violence takes place?
In this article, I describe how armed groups use one type of atrocity, wartime rape, to create social bonds between fighters through a process of combatant socialization. As a form of stigmatizing, public, and sexualized violence, gang rape is an effective method to communicate norms of masculinity, virility, brutality, and loyalty between fighters. Drawing on literature about socialization processes, I derive a set of hypotheses about individual-level factors that may influence vulnerability to violent socialization, including age, previous socialization experiences, and physical security. I analyze the support for these hypotheses using newly available survey data from former fighters in the Democratic Republic of the Congo. The results show the broad applicability of considering group violence as a form of social control within armed groups, suggest some of the limits of violent socialization, and have implications for both theory and policy.
Patricia Illingworth. 3/22/2018. “Businesses, Guns, and Human Rights.” The Hastings Center. See full text.Abstract
The mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla, resulted in the deaths of 17 people.
Tragically, from January 1 to March 21, 2018, there were 3,088 gun-related deaths and 5,355 gun-related injuries in the United States. Gun violence is a public health problem. But it’s also a human rights problem. It is time to turn to international human rights and moral and social norms, which ground obligations for individuals and business organizations to limit gun ownership.
Human rights are entitlements that all people have by virtue of their humanity. Gun violence puts a number of human rights at risk. Most obviously, it threatens Article 6 of the United Nation’s International Covenant on Civil and Political Rights: “Every human being has the inherent right to life.” Studies show that the mere presence of guns increases the probability of crime, suicide, and accidents.
Ethics asks us to promote the good and to prevent harm to others, especially when we can do so with little inconvenience to ourselves. Individuals are not alone in having moral responsibilities. In the eyes of the law, corporations are persons; they also have moral responsibilities. Businesses that manufacture guns have a moral responsibility to ensure that their products are not used in acts of violence. Businesses are also subject to the far more demanding obligations of international human rights.
Kathryn Sikkink. 4/1/2018. “Human Rights: Advancing the Frontier of Emancipation.” Great Transition Initiative. See full text.Abstract
Human Rights: Advancing the Frontier of Emancipation essay by Kathryn Sikkink:
Amidst bleak prognostications about the future, the human rights movement offers a beacon of hope for securing a livable world. The movement’s universality, supranationalism, and expanding emancipatory potential serve as inspiration and guide for the larger project of global transformation. The sweeping vision embodied in the 1948 Universal Declaration of Human Rights has experienced constant renewal and steadfast legitimacy in the tumultuous postwar world. It has been a foundation for the pursuit of supranational governance and an antidote to the notion that the ends justify the means. The human rights movement, despite its imperfections, has a key role to play in the transformational change in human values crucial to building a just, flourishing future.
Mathias Risse. 4/15/2018. Human Rights and Artificial Intelligence: An Urgently Needed Agenda? . Carr Center Discussion Paper Series. 2018002nd ed. Cambridge, MA: Carr Center for Human Rights Policy. See full text. Abstract
Human Rights and Artificial Intelligence: An Urgently Needed Agenda? by Mathias Risse
Artificial intelligence generates challenges for human rights. Inviolability of human life is the central idea behind human rights, an underlying implicit assumption being the hierarchical superiority of humankind to other forms of life meriting less protection. These basic assumptions are questioned through the anticipated arrival of entities that are not alive in familiar ways but nonetheless are sentient and intellectually and perhaps eventually morally superior to humans. To be sure, this scenario may never come to pass and in any event lies in a part of the future beyond current grasp. But it is urgent to get this matter on the agenda. Threats posed by technology to other areas of human rights are already with us. My goal here is to survey these challenges in a way that distinguishes short-, medium-term and long-term perspectives
