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    Any Us Military Intervention in Venezuela Will Be Counterproductive
    Douglas A. Johnson and Kathryn Sikkink. 2/28/2019. “Any Us Military Intervention in Venezuela Will Be Counterproductive.” The Hill . Publisher's VersionAbstract
    Op-Ed in The Hill by Douglas Johnson and Kathryn Sikkink.

    Original post here.

    It is so tempting to believe that U.S. military intervention offers a quick solution to the Venezuela crisis. And by military intervention, we don’t just mean a full-fledged invasion, but any action that involves U.S. military forcefully crossing an international border. We understand why some in the Venezuelan opposition urge the use of military force. It seems simple to have the U.S. intervene and stop the killing, the incompetence, the corruption that is today’s Venezuela.

    As unarmed civilians attempt to bring needed food and medicine into the country, the Maduro government responded with blockades of international bridges and violence, beginning the killing that now headlines American news. U.S. officials warn that Maduro’s days are numbered and flash threats that the U.S. might intervene militarily, a move that would seem welcome to many Venezuelans, both at home and exile. Is that a good idea?

    This should give us pause — at the very time that the U.S. is negotiating with the Taliban to withdraw from Afghanistan, perhaps ending 18 years of armed intervention and the forlorn hope of building a stable democracy. The equally destructive example of Iraq and its spillover into Syria is another warning that American intervention can stimulate the creation of new enemies.

    But isn’t Venezuela different? There is a long tradition of democracy, eroded by a corrupt regime held in power by a small but powerful military. We now have an active leader of the opposition and massive numbers of citizens in the streets every day. Surely this is a time when American troops will be welcomed as liberators. And what about the examples of Grenada and Panama? Didn’t military intervention “work” there? But these small states have virtually no similarities to the political and geographic situation in Venezuela.

    Hugo Chavez and Nicolás Maduro, fearing the history of invasion and U.S. supported coups, consciously armed and trained tens of thousands of their supporters into militias precisely to prepare for armed attacks against their governments. We should understand that the traditions of “going into the mountains” hold a fascination and moral example in Latin America. Better armed and trained than ever the FARC was in Colombia, would we wish a 50-year civil war on our southern neighbor?

    Only one course of action will forestall this scenario: The Venezuelan military must render itself to its own people, not to a foreign power.

    The political campaigns and pressures already underway offer very promising avenues for change. A campaign of non-recognition of the Maduro government has led to 50 countries recognizing Juan Guaido as president. This campaign is completely in line with Latin American and Venezuelan traditions. In 1907, an Ecuadoran Foreign Minister issued the Tobar Doctrine, calling for non-recognition of any government that came to power by non-constitutional means. In the 1950s, the democratically elected Venezuelan President Romulo Betancourt, followed with his “Betancourt Doctrine,” saying that Venezuela would deny diplomatic recognition to any government that came to power by unconstitutional means. At the time, not many Latin American countries followed suit, but since that time, the OAS has elaborated a legal and political framework to address governments that come to power illegally, as Maduro’s second term would be.

    American intervention has a long history in Latin America; likewise, this has been a source of distrust and opposition throughout the Americas, one that Chavez & Maduro, Castro and others have nurtured and used to create political power. Perversely, the threat of American intervention strengthens Maduro’s core support, rather that weakens it.

    Although this conflict may extend itself even longer and more unarmed civilians may be killed and more children may die from malnutrition and disease, there is hope that change will happen. And there is good evidence that this hope is the strategically best option for all.

    Compelling evidence from Erica Chenoweth and Maria Stephan in their book “Why Civil Resistance Works” demonstrates that disciplined nonviolent movements are more effective overall, and generally quicker to good effect, than violent conflicts. Using an original data set of all known major nonviolent and violent resistance campaigns from 1900 to 2006, they show that nonviolent campaigns are more likely to win legitimacy and attract widespread support than violent movements. There are lessons to be learned from this evidence, and the Venezuelan opposition now seems to be heeding those lessons. Chenoweth and Stephan also find that nonviolent conflict is much more likely than violent efforts to lead to a democratic outcome. That is what we and what the Venezuelan people want. A U.S. military intervention would derail that success.

    The Venezuelan movements against Maduro have been prolonged and often numerous with civilian participation, but the opposition parties were disunited, unable to create an inclusive vision to unite the population. It was easy for Maduro to dismiss the opposition as right-wing conservatives opposed to the inclusive vision promised by Chavez.

    With the compelling leadership of Juan Guaido, that has changed. The opposition is united, not just under a charismatic leader, but with a broadening vision that has consciously reached out to the poor and other constituents of the Maduro regime, shifting their loyalties as only a nonviolent campaign can.

    Chenoweth and Stephan identify what they call the “participation advantage” of nonviolent movements. Everyone can participate at levels of risk they are willing to undertake, publicly and privately creating resistance to the regime and raising its costs of repression. A wider demographic of participants brings in new tactics to keep the regime off balance; it brings in new networks of family, friendship, and influence that increase the likelihood of recruitment of military and security forces; and it brings legitimacy to an alternative vision for society.

    These will be dangerous times for many activists, but it is their risks and sacrifices that can bring about a truly democratic change. Let us do nothing to rob them of their moments of courage and victory.

    NOTE: This post has been updated from the original to update the number of countries recognizing Juan Guaido as president to 50.

    Dr. Kathryn Sikkink (@kathryn_sikkink) is the Ryan Family Chair of Human Rights at the Harvard Kennedy School. Douglas A. Johnson is a Lecturer in Public Policy and the former Director of the Carr Center for Human Rights Policy (@CarrCenter) at the Harvard Kennedy School.

    The War on Voting Rights
    John Shattuck, Aaron Huang, and Elisabeth Thoreson-Green. 2/28/2019. The War on Voting Rights. Carr Center Discussion Paper Series. 2019003rd ed. Cambridge: Carr Center for Human Rights Policy. See full text.Abstract
    Discussion Paper on The War on Voting Rights: 

    The 2020 presidential election will be a showdown over the right to vote. The outcome will be determined by an electoral system under attack from both foreign and domestic sources. Russian efforts to manipulate the 2016 presidential election are being extensively investigated, but the domestic war on voting rights is less well understood.  After more than a century of expanding the voting rights of previously disenfranchised groups, the American electoral system today is confronted by political and legal maneuvers to curtail the hard-won rights of these same groups, ostensibly in the name of combating fraud and regulating voting, but in fact in order to change the outcome of elections. 

     

    Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm
    Averell Schmidt and Kathryn Sikkink. 2/20/2019. “Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm.” Journal of Global Security Studies, 4, 1, Pp. 105-122. See full text.Abstract
    Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm recent journal article by Kathryn Sikkink and Averell Schmidt

    Following the attacks of 9/11, the United States adopted a policy of torturing suspected terrorists and reinterpreted its legal obligations so that it could argue that this policy was lawful. This article investigates the impact of these actions by the United States on the global norm against torture. After conceptualizing how the United States contested the norm against torture, the article explores how US actions impacted the norm across four dimensions of robustness: concordance with the norm, third-party reactions to norm violations, compliance, and implementation. This analysis reveals a heterogeneous impact of US contestation: while US policies did not impact global human rights trends, it did shape the behavior of states that aided and abetted US torture policies, especially those lacking strong domestic legal structures. The article sheds light on the circumstances under which powerful states can shape the robustness of global norms.

    Read more here: https://academic.oup.com/jogss/article-abstract/4/1/105/5347914?redirectedFrom=fulltext

    Realizing Rights for Homeworkers: An Analysis of Governance Mechanisms.
    Marlese von Broembsen, Jenna Harvey, and Marty Chen. 3/5/2019. Realizing Rights for Homeworkers: An Analysis of Governance Mechanisms. . Carr Center Discussion Paper Series. 2019004th ed. Cambridge: Carr Center for Human Rights Policy. See full text.Abstract
    Realizing Rights for Homeworkers: An Analysis of Governance Mechanisms Carr Center Discussion Paper: 

    Following the Rana Plaza factory collapse in Bangladesh, the labour rights violations in global supply chains, and indeed the governance of global supply chains, has become a pressing global issue. This paper evaluates key existing global and national supply chain governance mechanisms from the perspective of the most vulnerable workers in supply chains—informal homeworkers.

    Read the full paper here: https://carrcenter.hks.harvard.edu/files/cchr/files/ccdp_2019_004_realizing_rights.pdf

    Can Technology deliver freedoms for India’s poor?
    Salil Shetty. 12/16/2018. “Can Technology deliver freedoms for India’s poor? ”. See full text.Abstract
    Talk given by Carr Center's Senior Fellow Salil Shetty at TechFest IIT Bombay.

    "My talk today is addressed to concerned citizens who are not experts on the subject. Many of the issues I am touching on require a much more complex and nuanced treatment but this talk is deliberately taking a simpler narrative."

    Read Salil Shetty's complete presentation here: https://carrcenter.hks.harvard.edu/files/cchr/files/can_tech_salil_shetty_01.pdf

    The Rome Statute of the International Criminal Court at 20: Looking Back and Looking Forward.
    Carr Center Human Rights for Policy. 4/4/2019. “The Rome Statute of the International Criminal Court at 20: Looking Back and Looking Forward. ”. See full text.Abstract
    The Rome Statute of the International Criminal Court at 20: Looking Back and Looking Forward. Symposium Report.

     

    Matthias Risse, Faculty Director of the Carr Center, and Kathryn Sikkink, Ryan Family Professor of Human Rights Policy at Harvard Kennedy School, opened the conference with welcoming remarks. Risse noted that 2018 was a year of anniversaries, not only the 20th anniversary of the Rome Statute but also the 70th anniversary of the Universal Declaration of Human Rights, and of the American Declaration of Rights and Duties of Man, an occasion both for celebration and for critical reflection. Sikkink also noted the 20th anniversary of the Rome Statute was a moment to reflect and remember, looking backward to take stock with an eye toward moving justice forward in the future.

     

    Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies
    Luís Roberto Barroso. 4/4/2019. “Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.” The American Journal of Comparitive Law. See full text.Abstract
    Justice Luis Roberto Barroso's latest article on Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.

    The primary purpose of this article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the countermajoritarian role traditionally recognized in constitutional theory, two other roles: representative and, occasionally, enlightened. In the construction of the argument, the Article analyzes the phenomena of the judicialization of politics and judicial activism, as well as the issue of the difficult demarcation of the border between law and politics in the complex and plural societies of today. Although it presents several examples of the constitutional experience of the United States, the Article’s conclusions are generalizable, looking at the roles of constitutional courts from the perspective of a global constitutionalism whose categories have become common practice in the democracies of the world.

    See full text. 

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