Public Affairs, Public Policy and Public Administration Commons^™

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …

Knocking On Europe's Door: A Comprehensive Analysis Of The European Response To The 2015 Refugee Crisis And The Ukrainian Refugee Crisis, Jacob J. Mckim

Global Studies Senior Capstone

Europe is, and has long been at the center of refugee reception for many areas of the world due to its geographical position and general security. However, the European response to refugees has varied drastically in different situations. This paper examines the European response to both the 2015 Refugee Crisis and the Ukrainian Refugee Crisis. The focus being on what factors, whether political, racial, or religious, has led for some individuals to be received more favorably in Europe than others. Through examining this, the conditions for successful and long-lasting refugee reception hopefully be more clearly seen.

Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian

The US Army War College Quarterly: Parameters

Using US military aid as a lever to achieve human rights reforms has proven only marginally effective. This article examines the approaches employed by the Obama and Trump administrations to US military aid to Egypt and proposes practical steps that can be taken by policymakers and the military personnel on the ground to advance US human rights values.

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs

No abstract provided.

The Tension Between Privacy And Security, Susan Maret, Antoon De Baets

Secrecy and Society

No abstract provided.

U.S. Congressional Committee Hearings On Korea During The 113th Congress 2013-2014: Overseeing Multifaceted Aspects Of Washington's Peninsular Interests, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Numerous U.S. government agencies are involved in developing and implementing U.S. policy toward Korean Peninsula events, trends, and developments. Those studying U.S. government policies toward this region need to pay particular attention to the role played by U.S. Congressional committees in this policymaking. Congressional committees are responsible for approving new legislation, revising existing legislation, funding U.S. government programs and conducting oversight of these programs. This work examines Congressional committee hearings and debate during the 113th Congress (2013–2014) and reveals that multiple Congressional committees with varying jurisdictions seek to shape U.S. government Korean Peninsula policy and that this policymaking covers more …

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Police-Building And The Responsibility To Protect: Civil Society, Gender And Human Rights Culture In Oceania, Charles Hawksley, Nichole Georgeou

Nichole Georgeou

Forthcoming: This book examines how the United Nations and states provide assistance for the police services of developing states to help them meet their human rights obligations to their citizens, under the responsibility to protect (R2P) provisions. It examines police-capacity building ("police-building") by international donors in Timor-Leste, Solomon Islands and Papua New Guinea (PNG). All three states have been described as "fragile states" and "states of concern", and all have witnessed significant social tensions and violence in the past decades. The authors argue that globally police-building forms part of an attempt to make states "safe" so that they can adhere …

The Hegemony Of English In South African Education, Kelsey E. Figone

Scripps Senior Theses

The South African Constitution recognizes 11 official languages and protects an individual’s right to use their mother-tongue freely. Despite this recognition, the majority of South African schools use English as the language of learning and teaching (LOLT). Learning in English is a struggle for many students who speak indigenous African languages, rather than English, as a mother-tongue, and the educational system is failing its students. This perpetuates inequality between different South African communities in a way that has roots in the divisions of South Africa’s past. An examination of the power of language and South Africa’s experience with colonialism and …

Confronting “Indivisibility” In The History Of Economic And Social Rights: From Parity To Priority And Back Again, Roland Burke

Human Rights & Human Welfare

A review of:

Indivisible Human Rights. By Daniel Whelan. Philadelphia: University of Pennsylvania Press. 2010. 269pp.

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

Security Now: Addressing The Needs Of Darfur’S Children, Nicole Judd

Human Rights & Human Welfare

In the Darfur region of Sudan, over 2.3 million children have been affected by the ongoing genocide (UNICEF 2008). Unlike their adult counterparts, children are impacted more severely by the consequences of warfare as they are undergoing a fragile developmental process. While each one of the affected children has had their basic human rights violated in some form, the narrative of trauma differs between groups. Sexually-exploited girls, boy soldiers, unaccompanied children, and those who remain in under-resourced camps have experienced the protracted violence in unique ways. To mitigate the effects of war, each group should receive individualized humanitarian assistance as …

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

April Roundtable: Genocide And Us National Interests Introduction

Human Rights & Human Welfare

An annotation of:

“How Genocide Became a National Security Threat” by Michael Abramowitz & Lawrence Woocher. Foreign Policy. February 26, 2010.

El Regimen De Stroessner (1954-1989), Robert Andrew Nickson

Robert Andrew Nickson

Este capítulo describe las tres etapas principales del régimen de Stroessner: fase de consolidación (1954-1967); fase de expansión (1968-1981); y fase de descomposición (1982-1989), y las circunstancias de su caída. Posteriormente abarca los tres pilares del régimen: el Partido Colorado, las Fuerzas Armadas y el mismo Stroessner en su calidad de Jefe de Estado, Comandante en Jefe de las Fuerzas Armadas y Presidente Honorario del Partido Colorado. Se analiza cinco mecanismos cruciales que le permitieron mantenerse en el poder durante tanto tiempo: una fachada democrática, un sistema de represión eficaz, la corrupción institucionalizada, el uso de la ideología nacionalista, y …

Elisabeth King On Genocide: Truth, Memory And Representation Edited By A. L. Hinton & K. L. O'Neill. Durham, Nc: Duke University Press, 2009. 352pp., Elisabeth King

Human Rights & Human Welfare

A review of:

Genocide: Truth, Memory and Representation edited by A. L. Hinton & K. L. O'Neill. Durham, NC: Duke University Press, 2009. 352pp.

Memory And Violence In Israel/Palestine, K. M. Fierke

Human Rights & Human Welfare

A review of:

Israeli and Palestinian Narratives of Conflict: History’s Double Helix, edited by Robert I. Rotberg. Indiana University Press, 2006.

and

Memory and Violence in the Middle East and North Africa, edited by Ussama Makdisi and Paul A. Silverstein. Indiana University Press, 2006.

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.

Stephen James On The Challenge Of Human Rights: Origin, Development And Significance By Jack Mahoney. Oxford: Blackwell Publishing, 2007. 215pp., Stephen James

Human Rights & Human Welfare

A review of:

The Challenge of Human Rights: Origin, Development and Significance by Jack Mahoney. Oxford: Blackwell Publishing, 2007. 215pp.

Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...

Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet

Human Rights & Human Welfare

A review of:

Why Not Kill Them All? The Logic and Prevention of Mass Political Murder by Daniel Chirot and Clark McCauley. Princeton University Press, 2006. 288 pp.

and

The Order of Genocide: Race, Power, and War in Rwanda by Scott Straus. Cornell University Press, 2006. 273 pp.

and

The Witnesses: War Crimes and the Promise of Justice in the Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 252 pp.

Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz

Human Rights & Human Welfare

From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.

© Susan Waltz. All rights reserved.*

*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

Richard Matthew On Pakistan’S Drift Into Extremism: Allah, The Army, And America’S War On Terror By Hassan Abbas. London: M. E. Sharpe, 2005. 276 Pp., Richard Matthew

Human Rights & Human Welfare

A review of:

Pakistan’s Drift into Extremism: Allah, the Army, and America’s War on Terror by Hassan Abbas. London: M. E. Sharpe, 2005. 276 pp.

Politics Of Naming And Politics Of Responsibility, Rhoda Howard-Hassmann

Human Rights & Human Welfare

Mahmood Mamdani is right to complain that the American—and international—public is unaware of the political complexity of the Darfur conflict. He is also right to point out that selective or inconsistent uses of the terms “genocide,” “civil war,” and “insurgency” can mask covert, or even overt, political agendas. His comparison of Darfur to Iraq is telling. And he is right to point out that even with the best of humanitarian intentions, the presentation of a simplified version of Darfur, in which “Arabs” persecute “Africans,” can play into the “war on terror,” insofar as, in the minds of at least some …

The Return Of Moral Equivalence, J. Peter Pham

Human Rights & Human Welfare

During the latter stages of the Cold War, one school of ethical analysis, ultimately labeled as “moral equivalence” by the late Jeane Kirkpatrick, measured Western liberal democracies against utopian standards in a radical critique which redefined the political discourse, erasing distinctions between the Soviet Union and its satellites on the one hand and the United States and its allies on the other.

Missing The Point, Colin Thomas-Jensen

Human Rights & Human Welfare

“What would happen if we thought of Darfur as we do of Iraq, as a place with a history and politics—a messy politics of insurgency and counterinsurgency?” (§4). This is the most telling question posed by Professor Mahmood Mamdani in “The Politics of Naming: Genocide, Civil War, Insurgency.” The implication is that the growing public demand for strong international action—military or otherwise—to halt the atrocities in Darfur is somehow unwarranted because people have failed to understand that the systematic crimes against humanity committed against civilians in Darfur (and indeed Iraq) are an inevitability of “the messy politics of insurgency and …

The Moral Vocabulary Of Violence, David L. G. Rice

Human Rights & Human Welfare

What is at stake in labeling a particular incidence of large-scale violence “genocide”? Mahmood Mamdani rightly argues that “genocide” is an insufficient description of the conflict in Darfur. I would suggest that the problematic nature of that terminology goes back to its inception after World War II. Activists have inherited the concept of “genocide” from a particular historical moment. Now, “ genocide” carries unique moral weight in the discourse of international politics. When violence against civilians has been widely accepted as a necessary outcome of the preservation of peace, activists find it necessary to imagine a worse evil than the …

Human Rights Education: The Third Leg Of Post-Conflict/Transitional Justice, David E. Guinn

Human Rights & Human Welfare

Emerging out of the same foment of war and violence that led to the recognition of international human rights, post-conflict or transitional justice represents one of the most important political developments in efforts to advance human civilization to arise during the course of the twentieth century.

© David E. Guinn. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL …