Transitional Justice

Genocide’s Straw Man
Matthew Smith. 2/2020. “Genocide’s Straw Man.” Mekong Review. See full text.Abstract
Matthew Smith challenges a claim that human rights organizations are to blame for the Rohyinga Crisis.

Smith is co-founder and CEO of Fortify Rights and a Fellow at the Carr Center for Human Rights Policy. His recent article for the Mekong Review challenges Benjamin Zawacki's claim that human rights organizations are responsible for the Rohyinga Crisis.

The Rohingya genocide in Myanmar has claimed tens of thousands of lives and displaced more than a million civilians, shocking the conscience of humanity and making the Rohingya a household name. A variety of individuals and institutions are responsible for the egregious situation, including the Myanmar military and police, civilian political elite, and extremist civilians, but in “Humanitarian Breakdown” (in the February 2020 issue), Benjamin Zawacki lays blame in a most unusual place: at the feet of the international human rights movement.

Read the full article. 

2020 Feb 25

The International Court of Justice Case on Genocide in Myanmar

12:00pm to 1:00pm


Austin North, Harvard Law School

In November 2019, The Gambia filed a case with the International Court of Justice alleging that Myanmar military had violated the Genocide Convention for years in its treatment of the Muslim minority group, the Rohingya. A United Nations fact-finding mission had found similar patterns of abuse, documenting widespread violations of human rights in Myanmar against minority groups, including crimes against humanity, genocide, and war crimes. The International Court of Justice handed down provisional orders to protect the Rohingya in January 2020. Now, with the backing of all 57 members of...

Read more about The International Court of Justice Case on Genocide in Myanmar
From Unalienable Rights to Membership Rights in the World Society
Mathias Risse. 12/11/2019. “From Unalienable Rights to Membership Rights in the World Society.” Carr Center Discussion Paper Series (2019-009). See full text.Abstract

The Carr Center for Human Rights Policy launched an ambitious initiative in the fall of 2019 to advance the renewal of rights and responsibilities in the United States. The initiative aims to develop research and policy recommendations around six broad themes of concern: democratic process; due process of law; equal protection; freedom of speech, religion, and association; human sustainability; and privacy.

In the most recent Carr Center Discussion Paper, Mathias Risse looks at the Pompeo Commission as a jumping off point to reexamine the distinction between natural law, natural rights, and human rights in the modern day.

Download the full paper

Brazilian Supreme Court Justice Talks Ethics and Technology at Kennedy School
Michelle G. Kurilla. 9/10/2019. “Brazilian Supreme Court Justice Talks Ethics and Technology at Kennedy School.” The Harvard Crimson. See full text.Abstract
Luís Roberto Barroso, current justice of the Supreme Federal Court of Brazil and senior fellow of the Harvard Kennedy School, warned that advances in technology will pose new dangers to Brazilian and American democratic institutions in a speech at the school Monday evening.

He said the development of artificial intelligence — which he called the “fourth industrial revolution” — will prompt urgent questions about the proper limits of freedom of expression on the internet, including ways to combat hate speech and fake news.

Read the full article here

Elections Under Oppression in Cambodia: A Predictable Outcome?
Sreang Heng. 9/4/2018. “Elections Under Oppression in Cambodia: A Predictable Outcome?” Yale Macmillan Center. See full text.Abstract
Read more on the Cambodian elections by by Sreang Heng, Carr Center fellow.
"On July 29, 2018, another parliamentary election was held in Cambodia. When the commune elections had been held on June 4, 2017, they were followed by complaints and recounts, but the official results showed that the two major rival parties had won the majority of votes: the ruling Cambodian People’s Party (CPP) received 1,156 communes (out of 1,646) while its opposition party, the Cambodian National Rescue Party (CNRP) won 489. The Khmer National United Party received only one."

Full publication.

The Populist-Nationalist Rebellion: Challenge to Transatlantic Democracy
John Shattuck. 4/29/2019. “The Populist-Nationalist Rebellion: Challenge to Transatlantic Democracy” 2 (19). See full text.Abstract
New Policy Brief from John Shattuck for the College of Europe Policy Brief series.

"The US and the European Union (EU) are confronted to- day by a surge of populist nationalism that presents mul- tiple challenges to transatlantic democracy. Populism is a form of grassroots rebellion against governing elites with a long history and complex relationship to democracy, as illustrated by two historical examples, the rebellions in colonial America and post-1989 Czechoslovakia, both of which led to democratic governments, and two contrary contemporary examples, in the US and Hungary, which have gone in the opposite direction."

Link here:


The ICC’s Afghanistan Decision

April 16, 2019

A Pre-Trial Chamber at the International Criminal Court (ICC) has rejected the Prosecutor’s request, filed nearly 18 months ago, to open an investigation of war crimes and crimes against humanity in Afghanistan, including of allegations that U.S. forces and the CIA committed acts of torture there.... Read more about The ICC’s Afghanistan Decision

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. 

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.


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.

Human Rights: Advancing the Frontier of Emancipation
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.