. 3/2015. “Jus ad bellum in Syria: The Meaning of the US Airpower Campaign.” International Bar Association: Human Rights Law Newsletter, Pp. 37-41. See full text.Abstract
Search
Search results
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."
Alberto Mora. 1/27/2017. “Law Restricts Trump on Torture - Unless He Ignores It.” Deutsche Welle.Abstract
New article in Deutsche Welle featuring Carr Center Senior Fellow Alberto Mora.
Donald Trump has threatened to make good on his campaign pledge to bring back waterboarding and forms of torture "a hell of a lot worse." That would violate international and US law, of course, but could he do it anyway?
There was a sense that the US was coming to grips with its sins in December 2014, when the Senate completed its report on CIA torture under President George W. Bush in the years following the attacks of September 11, 2001. Months later, on June 16, 2015, when more than 20 Senate Republicans joined their Democratic colleagues in a 78-21 vote to ban torture once and for all, there was a sense that the country was even moving forward. There would be no more "rectal feeding" of prisoners in the CIA's secret interrogation centers, no more threats to kill inmates' children or parents, no more people killed by hypothermia after spending hours forced into stress positions on frigid concrete. But 230 miles (385 kilometers) from the US Capitol on that very same June afternoon in 2015, a reality television host was kicking off a scorched-earth campaign at the New York City tower he had named for himself. And in 2017 the United States finds itself debating the limits of official cruelty all over again - though not necessarily the long-settled legality.
"Torture under international law is categorically prohibited under all circumstances," said Alberto Mora, the Navy's general counsel during the Bush administration and a leading Defense Department opponent of the practices euphemistically referred to as "enhanced interrogation." "This is what's called a nonderogable law, meaning that there is no set of circumstances or extenuating circumstance which would justify the application of torture."
Arthur Applbaum. 11/19/2019. Legitimacy: The Right to Rule in a Wanton World. 1st ed., Pp. 304. Cambridge : Harvard University Press. See full text.Abstract
In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently.
How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason.
Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
John Shattuck, Mathias Risse, and Timothy Patrick McCarthy. 1/6/2021. “LGBTQ Rights.” Reimagining Rights and Responsibilities in the United States, 007. See full text.Abstract
"Queer" people have always been here—since antiquity, they’ve lived across communities and intersections of every class, color, creed, condition, and country. Though not always marked as “deviant” or designated “illegal,” lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have also more often than not been victims of personal prejudice, social and cultural stigma, and legal and political discrimination. This has certainly been the case in the modern era, the same time that “human rights” has gained currency and frequency as a rallying cry for various struggles and peoples seeking freedom, equality, and justice. That’s is not a coincidence: as the formal infrastructure of human rights and state-sanctioned homophobia expanded simultaneously in the middle of the 20th century, so, too, did the modern movement for LGBTQ+ rights in the United States first emerge. This “paradox of progress”—the persistent battle between progress and prejudice—is a key characteristic of the history of social justice movements, including those for queer liberation and rights.
See the full Reimagining Rights and Responsibilities series here.
Teresa Y. Hodge and Laurin Leonard. 7/17/2020. “Mass Incarceration and The Future: An Urgent Need to Address the Human Rights Implications of Criminal Background Checks and the Future of Artificial Intelligence.” Carr Center Discussion Paper Series, 2020-009. See full text.Abstract
Between 70 and 100 million Americans—one in three— currently live with a criminal record. This number is expected to rise above 100 million by the year 2030.
The criminal justice system in the U.S. has over-incarcerated its citizen base; we have 5% of the world's population but 25% of the world's prison population. America became known as the “incarceration nation” because our prison and jail population exploded from less than 200,000 in 1972 to 2.2 million today, which became a social phenomenon known as mass incarceration. And along the way, there was a subsequent boom in querying databases for data on citizens with criminal records.
Once a person comes in contact with the U.S. criminal justice system, they begin to develop an arrest and/or conviction record. This record includes data aggregated from various databases mostly, if not exclusively, administered by affiliated government agencies. As the prison population grew, the number of background check companies rose as well. The industry has grown and continues to do so with very little motivation to wrestle with morality, data integrity standards, or the role of individual rights.
This paper address the urgent need to look towards a future where background screening decisions and artificial intelligence collide.
Erica Chenoweth, Lara Putnam, Tommy Leung, Jeremy Pressman, and Nathan Perkins. 5/10/2020. “Media Coverage Has Blown Anti-Lockdown Protests out of Proportion.” Vox. See full text.Abstract
Erica Chenoweth explains that anti-lockdown protests are smaller than portrayed, but the media is amplifying their message.
In the last few weeks, protests against state lockdowns and social distancing measures have seized national headlines. The wall-to-wall coverage might give the impression that what we’re seeing is a powerful grassroots movement in the making. But research we just conducted on protest attendance and media coverage shows something different: This massive media coverage has in fact been out of proportion.
A comprehensive look at the social distancing protests reveals that they have been small in terms of both the number of participants and locations. As one official in the administration of Maryland Gov. Larry Hogan (R) tweeted about a protest in Annapolis on April 20, “There were more media inquiries about this than there were participants.”
Alberto Mora. 1/12/2017. “Mike Pompeo Is Unfit to Lead the CIA If He Doesn't Reject Torture.” The Guardian .Abstract
Article in The Guardian by Carr Center Senior Fellow Alberto Mora.
"Among the flurry of confirmation hearings happening this week in the Senate, one in particular will signal whether President-to-be Donald Trump and his administration are, indeed, serious about restoring the failed and discredited Bush-era torture policy.
Trump’s pick for CIA chief, the US representative Mike Pompeo, will face the Senate intelligence committee and no doubt will be asked about his past support for cruelty. If he fails to renounce torture at his hearing, the Senate should deem Pompeo unfit for the office and vote down his nomination.
I know what’s at stake from my own experience. I was the navy’s chief lawyer when, in 2002, I learned that detainees held at Guantánamo were being subjected to cruel and unlawful interrogation practices. This wasn’t a case of “bad apples” – it was a case of officials at the highest levels of government choosing to radically reinterpret, distort or violate the law so as to knowingly apply torture. That can’t happen again."
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.
John Shattuck and Mathias Risse. 11/18/2020. “Money in Politics.” Reimagining Rights and Responsibilities in the United States, 2020-003. See full text.Abstract
As Yogi Berra once said, “A nickel ain’t worth a dime anymore.” Nothing could be truer when it comes to money in American politics. In the 2000 election, candidates and outside groups spent a combined $3 billion on the presidential and congressional races. Not two decades later, in 2016, the amount spent more than doubled to a combined $6.5 billion. For 2020, forecasters project that the total amount spent on political advertising alone will reach $10 billion.
There’s a simple reason for this exponential rise in political expenditures: the Supreme Court’s interpretation of the First Amendment to preclude the regulation of many aspects of campaign finance. That decision in 1976 first opened the floodgates of contributions to political campaigns.
"Nowhere is money felt more than in the explosion of spending by outside groups to elect and influence candidates in the past decade, which have simultaneously increased amounts while decreasing accountability."
In this issue of the Reimagining Rights and Responsibilities in the U.S. paper series, the authors outline how the bipartisan use of money in politics undermines the democratic process.
See all the issues of the Reimagining Rights and Responsibilities paper series here.
