Law Commons^™

Immobilizing Conceptual Debates, Jonas Claes

Human Rights & Human Welfare

In “Think Again: Failed States,” James Traub argues that “state failure” is a failed concept. Prioritizing efforts to prevent or address state fragility, weakness, or failure may seem impractical given the conceptual breadth of this systemic challenge. Like globalization, human security, or climate change, state failure contains so many aspects that it becomes analytically useless. But the need to rethink this garbage-can concept—everything can be thrown in—does not keep us from addressing the litany of well-understood challenges subsumed within.

“Failed States Are Everyone’S Problem”, Devin Joshi

Human Rights & Human Welfare

This article raises interesting issues but cannot answer its own puzzles because it fails to define what constitutes a threat or danger to US national security. As an American citizen, the security of the Central African Republic is in my personal interest. The CAR is a country where it has been reported that one out of every sixteen mothers dies during childbirth. That is a serious problem! Who is to say it is not in Americans’ interest to prevent state failure there? If the US government is not interested in Central Africans' security, obviously, there is a disconnect between the …

June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“The Tormented Isthmus ”. The Economist. April 14 2011.

The Hearts And Minds Of The Citizens, Brooke Ackerly

Human Rights & Human Welfare

If the US contributes increased military support to Guatemala under the premise of curtailing the drug trade, it could inadvertently further destabilize this already politically unstable country. It certainly will not contribute to developing a sense of political alliance in the hearts and minds of its citizens. Concerns about destabilization in Guatemala (and Central America more generally) and the role of this destabilization in facilitating the drug trade have led the Economist to suggest that the solution is to increase military foreign aid to Guatemala.

Generic Wish-Lists For State-Centric Policies, Edzia Carvalho

Human Rights & Human Welfare

The Central America depicted in the article under review resembles a region visited by the Four Horsemen of the Apocalypse—colonial Conquest, civil War, Famine and other natural disasters, and poverty, disease and Death. Added to this list of woes are the recent drug-fueled conflict, democratic instability, weak state capacity, and the socio-economic fallout of the economic recession in the United States. While the first half of the article records these problems, the author shifts gears in the second half and provides an array of responses to these challenges, with a forceful recommendation that states in the region focus their efforts …

Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes

Human Rights & Human Welfare

Conflict resolution scholars and policy-makers have traditionally prioritized research and policy measures dealing with political violence, treating criminal violence as a contextual factor in their analysis or as a subordinate policy concern. One may wonder why the value of a casualty differs depending on whether the fatal blow was caused by a tank, a gang knife, or even a typhoon. The prioritization of political violence over criminal violence seems morally unjustified considering that the killing rates in Guatemala and El Salvador are higher now than during the civil wars that ended in the 1990s. Despite similarities in the causes, manifestations, …

A Centrist Solution To Central American Violence And Inequality, Devin Joshi

Human Rights & Human Welfare

The northern triangle of Central America (El Salvador, Guatemala, and Honduras) has experienced horrific violence, poverty, and a vicious cycle of human rights violations for decades. Repeated natural disasters and the re-routing of the drug trade through Central America are not helping the situation. On the other hand, nearby Costa Rica has achieved a much higher standard of human rights, public safety, and political stability. Why? Costa Rica has put in place four pillars of development and stability lacking in most other countries in the region: a stronger state, an educated population, inter-racial cooperation, and a more inclusive democracy. For …

April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.

A Rights-Based Approach To Global Injustice, Brooke Ackerly

Human Rights & Human Welfare

Is reflection on global injustice part of the everyday lives of those who live in global privilege? Or does privilege let us wait to raise concerns about justice only when the media bring the graphic images of genocide and tragedy to our family rooms?

Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho

Human Rights & Human Welfare

“The Case for Intervention in the Ivory Coast” reminded me of the discussion that my undergraduate students had during the previous academic term on the conundrums surrounding humanitarian intervention. They innately responded to the intense suffering of individuals and groups facing gross human rights violations and initially argued that inaction in the face of suffering cannot be justified on any grounds. However, with their international relations hats on, many of them soon realized that putting an end to such a state of affairs is not as easy or straightforward as they had hoped.

A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi

Human Rights & Human Welfare

The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.

Double Standards Demystified, Jonas Claes

Human Rights & Human Welfare

At the time Ms. Corinne Dufka’s op-Ed about the crisis in Côte D’Ivoire appeared, few would have predicted that three days later UN troops, with the support of the French military, would act forcefully to protect civilians and tip the balance in favor of the fighters loyal to Alassane Ouattara, eventually leading to the arrest of Laurent Gbagbo. The odds were not favoring this scenario.

We Do Indeed Reap What We Sow, Walter Lotze

Human Rights & Human Welfare

When violence first broke out in Tunisia in January 2011, few observers would have predicted that waves of unrest would engulf North Africa and the Arab world. When demonstrations swiftly spread to Algeria, Sudan, Egypt, Yemen, Bahrain, and Jordan, observers hastened to place bets on which regime would be the next to fall. That Hosni Mubarak would be felled next came perhaps as no surprise; Egypt had for years been on a knife’s edge, liberalizing and modernizing society while closing all space for political and social participation. Most analysts then turned their attention to Sudan, Yemen, and Bahrain, predicting that …

March Roundtable: Libya And The Responsibility To Protect, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

Article under review: “It’s Time to Intervene” by Shadi Hamid. Slate. February 23 2011.

Feminism And Democracy, Louis Edgar Esparza

Human Rights & Human Welfare

After work on December 1, 1955 in Montgomery, Alabama, Rosa Parks walked onto a bus that was to take her home that night. She ended up on a trip to jail instead, for refusing to give her seat to a white passenger. The event triggered resistance to bus segregation, the founding of the Montgomery Improvement Association, and the election of the then-unknown Dr. Martin Luther King as its leader. The success of the campaign is an integral battle in our historical retellings of the US African American Civil Rights Movement. Fewer recount the sexual harassment against black women by white …

Is It Really Time To Intervene In Libya?, Christina Cerna

Human Rights & Human Welfare

Shadi Hamid, in “It’s Time to Intervene,” suggests that the international community—specifically, the United States, the United Nations, and NATO—must intervene in Libya because Muammar Gaddafi has declared that he is ready and willing to slaughter his own people if his survival depends on it. The author considered Gaddafi’s speech otherwise “bizarre” and “incoherent.”

I Will Survive, Robert Funk

Human Rights & Human Welfare

Academics do not often quote 70s disco tunes. At least not in print. But if there is one thing that has been striking about the events in Libya in recent weeks—and indeed looking back over decades—it is the sheer ability of Colonel Muammar Gaddafi to survive. He is, perhaps with Fidel Castro, the world’s greatest survivor. He has indeed learned how to carry on.

Abeyance And Spontaneity In Tunisia, Louis Edgar Esparza

Human Rights & Human Welfare

On August 16, 1819, tens of thousands of workers gathered in what is now St. Peter’s Square in Manchester to demand suffrage. Entire families, parishes, and townships assembled, fueled by increasing commodity prices and political disenfranchisement. They had spread the word from town to town, and from church to church, that this previously banned meeting was indeed to occur. It was the culmination of months of agitation on the part of common people to achieve economic and political reform. The government responded violently to the challenge of its authority, as governments so often do, leading to a score of deaths …

February Roundtable: The Arab Revolutions And Human Rights, Introduction

Human Rights & Human Welfare

An annotation of:

“The Failure of Governance in the Arab World” by Simon Tisdall. The Guardian. January 11 2011.

Those Pesky Winds Of Change..., Walter Lotze

Human Rights & Human Welfare

When a police officer slapped a fruit seller by the name of Mohammed Bouazizi in the Tunisian town of Sidi Bouzid, nobody could have anticipated that a revolution had commenced. Bouazizi, a twenty-six-year-old computer science graduate unable to find work, had resorted to selling fruit from a street cart in an attempt to support himself and his seven siblings. Slapped by the police officer and ordered to pack up his goods, Bouazizi himself snapped. He marched to the local governor’s office and demanded an appointment, threatening to set himself alight if the governor did not meet with him. In frustration, …

He's Our Son Of A Bitch, Robert Funk

Human Rights & Human Welfare

It is said that Franklin Delano Roosevelt defended the US tendency to support dictators by remarking, “He may be a son of a bitch, but he's our son of a bitch.” The recent events in Tunisia and Egypt indicate that almost seventy years later, this unfortunate phrase seems to continue to guide US foreign policy.

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.

The Irony Of Refuge: Gender-Based Violence Against Female Refugees In Africa, Liz Miller

Human Rights & Human Welfare

The Sudanese soldiers and the Janjawid invaded her village. When she tried to escape, they gang-raped her. At that time, she was eight months pregnant and described giving birth to a dead baby afterward and being very sick. She could not make it with her group to the border to flee to Chad so she had to walk alone. Once she got to Chad, she was raped by a Chadian soldier outside of the camp and became pregnant. Afterwards, her husband divorced her, and she now lives with the stigma of being a rape victim. She has been expelled from …

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 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 …

American Muslim Minorities: The New Human Rights Struggle, Ashley Moore

Human Rights & Human Welfare

The ramifications of the attacks of September 11, 2001 are felt throughout the United States. However, no minority community is as deeply affected as the American-Muslim minority. Since the attacks on the World Trade Center, Muslims residing in the United States have experienced violations of economic and political liberties, as well as ongoing social discrimination. Media stereotypes and government legislation continually exacerbate these human rights abuses and entrench institutional, social, and economic discrimination deeper in American society. At the heart of this discrimination are clear misunderstandings about Islam and those who practice the faith. In an effort to combat these …

Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi

Human Rights & Human Welfare

Ten years after the September 11th attacks in the United States and the military campaign in Afghanistan, there is some good news, but unfortunately still much bad news pertaining to women in Afghanistan. The patterns of politics, security/military operations, religious fanaticism, heavily patriarchal structures and practices, and ongoing insurgent violence continue to threaten girls and women in the most insidious ways. Although women’s rights and freedoms in Afghanistan have finally entered the radar screen of the international community’s consciousness, they still linger in the margins in many respects.

Socio-cultural and extremist religious elements continue to pose serious obstacles to reconstruction …

Kimberly Lanegran On Child Soldiers: Sierra Leone’S Revolutionary United Front. By Myriam Denov. Cambridge, Uk: Cambridge University Press. 2010. 234 Pp., Kimberly Lanegran

Human Rights & Human Welfare

A review of:

Child Soldiers: Sierra Leone’s Revolutionary United Front. By Myriam Denov. Cambridge, UK: Cambridge University Press. 2010. 234 pp.

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.

Waging Peace For Colombia’S Youth: Countering The Attack On Education, Phil Price

Human Rights & Human Welfare

After nearly five decades of internal armed conflict, Colombia’s children and education system remain firmly under siege. Boys and girls as young as thirteen are pulled out of classrooms and thrown into battlefields. Teachers routinely disappear and/or are subjected to extrajudicial executions. Guerillas, paramilitaries, and the Colombian army all utilize school buildings as posts for their combatants. School zones have become littered with landmines. Child displacement and poverty have reached epidemic levels. In direct contradiction with the Rome Statute and the Colombian Ministry of Defense Directive 30743, the Colombian government is guilty of war crimes by employing children as spies …