Transitional Justice

The Program on Transitional Justice examines the challenges of countries attempting to regain balance and redress legacies of massive human rights violations. It encompasses issues of legitimacy, criminal prosecutions, truth commissions, reparations, and various kinds of institutional reform necessary to protect vulnerable segments of a society and insure stability.

Transitional Justice - Experts

kathrynsikkink

Kathryn Sikkink

Ryan Family Professor of Human Rights Policy, HKS
Carol K. Pforzheimer Professor, Radcliffe

Human Security - Experts

jackiebh

Jacqueline Bhabha

Professor of the Practice of Health and Human Rights, HSPH
Jeremiah Smith Jr. Lecturer in Law, HLS
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Human Security - News

risselarge

Artificial intelligence, algorithms, and big data: Mathias Risse on the brave new future of human rights

November 30, 2018
As the Universal Declaration of Human Rights turns 70, the Carr Center on Human Rights Policy looks ahead at the coming decades and the importance of tackling the transformative effects of technology on human rights today.

Original Post on the Harvard Kennedy School website....
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loeffler

Kennedy School Hosts Discussion Honoring 70th Anniversary of Human Rights Declaration

October 11, 2018

The Kennedy School held a discussion featuring University of Virginia Professor James B. Loeffler ’96 Wednesday in honor of the 70th anniversary of the Universal Declaration of Human Rights.

The Declaration, adopted by the United Nations General Assembly in 1948, articulates legal and moral principles for “fundamental human rights to be universally protected.” While legally non-binding, the document has been frequently cited as a basis for international agreements and domestic laws.

Wednesday’s discussion —...

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risselarge

Mathias Risse, Lucius N. Littauer Professor of Philosophy and Public Administration, named Faculty Director of Carr Center for Human Rights Policy

October 9, 2018

 

Cambridge, MA—Harvard Kennedy School (HKS) announced that Mathias Risse, the Lucius N. Littauer Professor of Philosophy and Public Administration, will serve as the Faculty Director of the Carr Center for Human Rights Policy.

Risse’s work and research is focused on the intersection of philosophy and public policy. His research...

Read more about Mathias Risse, Lucius N. Littauer Professor of Philosophy and Public Administration, named Faculty Director of Carr Center for Human Rights Policy
votes

Harvard Votes Challenge

September 17, 2018

The Harvard Votes Challenge is a nonpartisan, university-wide effort that is challenging Harvard schools to do their part to increase voter registration and participation among eligible students. 

JOIN THE CHALLENGE

About
In a strong democracy, citizens participate in political processes, and as a school for public leaders, we should not just encourage that participation, we should model it. This is why the Harvard Kennedy School is...

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salil_shetty

Salil Shetty, Amnesty International’s eighth secretary-general, to join Harvard Kennedy School’s Carr Center for Human Rights Policy as senior fellow in 2018-2019

July 6, 2018

Cambridge, MA—Harvard Kennedy School (HKS) announced today that Salil Shetty, the outgoing secretary-general of Amnesty International, will join the Carr Center for Human Rights Policy as a senior fellow for the 2018-2019 academic year.

 

Shetty will be stepping down from Amnesty...

Read more about Salil Shetty, Amnesty International’s eighth secretary-general, to join Harvard Kennedy School’s Carr Center for Human Rights Policy as senior fellow in 2018-2019
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Human Security - Publications

John Shattuck. 3/26/2016. “Karadzic verdict is a victory for civilization.” The Boston Globe. Publisher's VersionAbstract

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."

John Shattuck. 4/26/2016. “US needs to help the EU end the refugee crisis.” The Boston Globe. Publisher's VersionAbstract

The refugee crisis is at the center of Europe’s political war. Some European countries are building walls to exclude people seeking refuge from the deadly conflicts in the Middle East, while others — notably Greece, Germany, and the Nordics — are working to reinforce EU values of openness and tolerance. The United States should do more to promote these values by increasing its support for relief efforts and opening its doors to refugees from the Middle East. European governments this year are contributing four times more money than the United States to the financially strapped United Nations High Commissioner for Refugees. Meanwhile, the United States will resettle a minuscule 10,000 Syrian refugees, compared with more than 500,000 in Germany.

Jia Xue. 2016. “Rape Myths and the Cross-Cultural Adaptation of the Illinois Rape Myth Acceptance Scale in China.” Journal of Interpersonal Violence. Publisher's VersionAbstract

The study examines the similarities and differences between China and the United States with regard to rape myths. We assessed the individual level of rape myth acceptance among Chinese university students by adapting and translating a widely used measure of rape myth endorsement in the United States, the Illinois Rape Myth Acceptance (IRMA) scale. We assessed whether the IRMA scale would be an appropriate assessment of attitudes toward rape among young adults in China. The sample consisted of 975 Chinese university students enrolled in seven Chinese universities. We used explorative factor analysis to examine the factor structure of the Chinese translation of the IRMA scale. Results suggest that the IRMA scale requires some modification to be employed with young adults in China. Our analyses indicate that 20 items should be deleted, and a five-factor model is generated. We discuss relevant similarities and differences in the factor structure and item loadings between the Chinese Rape Myth Acceptance (CRMA) and the IRMA scales. A revised version of the IRMA, the CRMA, can be used as a resource in rape prevention services and rape victim support services. Future research in China that employs CRMA will allow researchers to examine whether individual’s response to rape myth acceptance can predict rape potential and judgments of victim blaming and community members’ acceptance of marital rape.

Zachary D. Kaufman. 4/7/2016. United States Law and Policy on Transitional Justice: Principles, Politics and Pragmatics, Pp. 382 pages. Oxford University Press. Publisher's VersionAbstract

In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman, J.D., Ph.D., explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Dr. Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the “legalist” paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Dr. Kaufman develops an alternative theory—“prudentialism”—which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Dr. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994  genocide against the Tutsi in Rwanda. Dr. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials’ normative beliefs. Dr. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Child Migration and Human Rights in a Global Age (Human Rights and Crimes against Humanity)
Jacqueline Bhaba. 2016. Child Migration and Human Rights in a Global Age (Human Rights and Crimes against Humanity). Reprint Edition. Princeton University Press. Publisher's VersionAbstract

Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children–one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children’s human rights.

Dara Kay Cohen. 8/2015. “Do States Delegate Shameful Violence to Militias?” The Journal of Conflict Resolution, 59, 5, Pp. 877-898. Publisher's VersionAbstract

Existing research maintains that governments delegate extreme, gratuitous, or excessively brutal violence to militias. However, analyzing all militias in armed conflicts from 1989 to 2009, we find that this argument does not account for the observed patterns of sexual violence, a form of violence that should be especially likely to be delegated by governments. Instead, we find that states commit sexual violence as a complement to—rather than a substitute for—violence perpetrated by militias. Rather than the logic of delegation, we argue that two characteristics of militia groups increase the probability of perpetrating sexual violence. First, we find that militias that have recruited children are associated with higher levels of sexual violence. This lends support to a socialization hypothesis, in which sexual violence may be used as a tool for building group cohesion. Second, we find that militias that were trained by states are associated with higher levels of sexual violence, which provides evidence for sexual violence as a “practice” of armed groups. These two complementary results suggest that militia-perpetrated sexual violence follows a different logic and is neither the result of delegation nor, perhaps, indiscipline.

2015. “Perspectives on Human Trafficking and Modern Forms of Slavery” 3 (1).Abstract

Guest edited by Siddharth Kara, this issue of Social Inclusion focuses on human trafficking and modern slavery. Read the opinion piece by Kara Read the full journal States Kara: "When I first began researching human trafficking and modern forms of slavery fifteen years ago, there was very limited awareness of these offences, and even less scholarship. While non-profit organizations, activists, and charitable foundations have worked assiduously to raise awareness of human trafficking and to tackle root causes, investment by the academic community to analyze the nature, scale, and functioning of the phenomena has been slower to evolve. Indeed, much of the confusion relating to basic terms and concepts on the topic of modern forms of slavery has been due, in large part, to the lack of scholarly analysis of the issues. Following on this gap has been a dearth of robust, first-hand field research that can guide scholarship, investment, and activism, and help frame the complex questions relating to law, economics, human rights, gender, poverty, corruption, migration, the rights of children and minorities, and many other issues that are fundamental to our understanding of human trafficking."

Human Security - Videos