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Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein

Pepperdine Dispute Resolution Law Journal

We can only consider the role of peacemaking in Jewish law after examining the meaning and place of peace. Accuracy prevents me from opening with some platitude about how peace occupies a central, pivotal position in Jewish thought. It doesn't. Peace and peacemaking have a curious habit of not turning up in the middle of things, but all the way at the end. There are too many instances of this to be coincidental. There are nineteen blessings in the Amidah, the central (indeed!) prayer that Jews recite three times a day, every weekday of their lives. The very last …

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …

Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain

Publications

No abstract provided.

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

What Next for Sri Lanka's 2.5 Million Tamils? by Amantha Perera. Time. May 26, 2009.

and

How to Defeat Insurgencies: Sri Lanka's Bad Example by Bobby Ghosh. Time, May 20, 2009.

Moving Beyond Conflict In Sri Lanka: The Economic Rights Dimension, Shareen Hertel

Human Rights & Human Welfare

Much of the literature on transitional justice underplays the role of economic rights in shoring up peace. The case of Sri Lanka demonstrates the urgency of addressing them. Until a month ago, Sri Lanka was the country with Asia’s longest running civil war. Since independence in 1947, the island nation has been wracked by conflict between the Sinhalese majority and the Tamil minority—a conflict that has eroded political stability and aggravated internal inequalities. The struggle was marked not only by inter-ethnic and religious tensions but also by a fight for control over land and resources.

The War Goes On - No Reconciliation At This Stage, Anja Mihr

Human Rights & Human Welfare

The victorious Sri Lankan President Mahinda Rajapaska has been quite bold to pass a reconciliation note after he declared the thirty year war over. Can he be taken seriously?

Moving In The Open Daylight, Nicola Colbran

Human Rights & Human Welfare

The road ahead for Sri Lanka is certainly not easy. Although the government has declared that the LTTE ( Liberation Tigers of Tamil Eelam) has been defeated, this “victory” has come at a high cost for civilian lives and democratic values. Decades of instability and violence have given rise to deep rooted and sustained human rights violations. Thousands of Sri Lankans have been displaced, killed or wounded, and are malnourished and traumatized after months of extended fighting between the two sides.

Justice After War: Sri Lanka And The Rights And Duties Of A Vanquisher, William Paul Simmons

Human Rights & Human Welfare

Human rights scholars, attorneys, and activists will deservedly focus on the human rights abuses committed by the Sri Lankan military as the decades - long civil war against the Tamil Tigers came to a crushing end this past spring. The military’s brutality, especially its failure to discriminate combatants from non-combatants, should be investigated by both domestic and transnational institutions. It remains to be seen whether such wanton disregard for civilian collateral damage will become the norm for regimes embroiled in civil wars and present yet another realpolitik threat to humanitarian law, or will Sri Lanka and other regimes face accountability …

Darfur: In Search Of Peace Exploring Viable Solutions To The Darfur Crisis, George Shepherd, Peter Van Arsdale, Negin Sobhani, Nicole Tanner, Frederick Agyeman-Duah

Human Rights & Human Welfare

The following is a report for the Consultation on Darfur carried out in Nairobi, Kenya by Africa Today Associates, Inc. The event took place June 9‐11, 2008 and was made possible with support from Ford Foundation, Kenya (in collaboration with the Institute of International Education). This report aims to build upon, not replace, the findings of our Consultation in Abuja, Nigeria. It is for this purpose that the findings and points addressed in this report are solely those discussed in Nairobi. Although it is inevitable that the two consultations reflected some overlap on the core issues and discussion points, especially …

Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo

Michigan Law Review

Ever since its publication in 1929, Erich Maria Remarque's All Quiet on the Western Front has been regarded as a landmark of antiwar literature. Appearing a decade after the end of the First World War, the novel became a literary sensation almost overnight. Within a year of publication, it had been translated into twenty languages, including Chinese, and by April 1930, sales for twelve of the twenty editions stood at 2.5 million. Remarque was reputed to have the largest readership in the world. Hollywood took note, and an equally successful film appeared in 1930. The success of the novel was …

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

Transitional Justice In Times Of Conflict: Colombia's Ley De Justicia Y Paz, Lisa J. Laplante, Kimberly Theidon

Michigan Journal of International Law

The authors of this Article were committed to researching the impact of the paramilitary demobilization process "on the ground"-that is, conducting qualitative research that would allow us to test the validity of different debates with the goal of generating recommendations on how future conflict and post-conflict countries might benefit from the merging of DDR and transitional justice. In this text we draw upon the preliminary results of our research on the individual and collective demobilization programs. The first stage of the project included 112 in-depth interviews with demobilized combatants from the Fuerzas Armadas Revolucionarias de Colombia-Ej rcito del Pueblo (FARC-EP) …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In the months preceding the U.S. presidential election in November 2004, George Bush and John Kerry conducted what passed for a serious debate on U.S. foreign policy, especially the rationale for the war in Iraq and on the state of the "war on terror." It was easy to lose sight of the primary purpose of these two special issues of the New England Journal of Public Policy on war. So I should, perhaps, remind our readers.

The question posed was: what lessons can we draw from the wars and conflicts of the twentieth century that might help us to take …

War Is The American Way Of Life, Paul L. Atwood

New England Journal of Public Policy

The war against terror following the September 11 attack is in keeping with the long history of American foreign policy. Various “doctrines” issued by one president after another since the Monroe Doctrine of 1823 are really incremental expansions of that original statement of hemispheric dominance aimed at encompassing the entire globe. The westward expansion to the Pacific coast and beyond to the Philippines, Hawaii, and the interventions in the nations of Latin America are early stages in the development of American hegemony. After intervening in the First World War, Wilson tried to dictate the peace. The rest of the century …

Globalization: New Challenges, Cornelio Sommargua, Robert Jackson, Ramu Damodaran, Philip Bobbitt

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the UN has on it, sovereignity, and human rights to name a few.

War & Public Health In The Twenty-First Century, Barry S. Levy, Victor W. Sidel

New England Journal of Public Policy

War has profound adverse effects on public health. War leads to death for military personnel and especially for civilians, long-term physical and psycho- logical consequences to survivors, destruction of sociocultural and ambient environments, and diversion of needed resources. In addition, war legalizes and promotes violence as a mode of solving problems. These and related issues relating to war in the twenty-first century are analyzed in this paper. The authors discuss several approaches to preventing war and minimizing its consequences on health — including addressing the underlying problems that often lead to war, promoting a culture of peace, and controlling weapons.

The Logic Of Peace, Jonathan Schell

New England Journal of Public Policy

Jonathan Schell’s The Unconquerable World points the way out of the devastation of the twentieth century toward another, more peaceful path. And his investigations into the great nonviolent events of modern times — from Gandhi’s independence movement in India to the explosion of civic activity that brought about the surprising collapse of the Soviet Union — suggest foundations of an entirely new kind on which to construct an enduring peace. As Schell makes clear, all-out war, with its risk of human extinction, must cease to play the role of final arbiter. “The Logic of Peace,” printed here, is the final …

The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane

Michigan Journal of International Law

This paper proceeds as follows. In Part I, the author discuss a pluralistic theory of accountability. He begins by defining accountability in a standard fashion, emphasizing two conditions: the availability of information to accountability-holders, and their ability to sanction power-wielders. The author then proceeds to discuss a pluralistic conception of accountability systems. Part II then develops a typology of eight accountability mechanisms, all of which are found in democratic societies, but not all of which are democratic per se. Part III builds on the Jacobson-Ku discussion of the current practices, relative to accountability, of the Security Council and asks …

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.

An Overview Of The Symposium, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

By design, this conference was constructed to brainstorm about the connection of governance, ethics, and peace. To that end, the conference and these papers were a success. As a novel question, however, we are far from providing a definitive answer to exactly what should be done to foster the connection and, more basically, exactly what the connection looks like. One can, however, identify three general themes emanating from the conference that provide a sense for the opportunities of future research.

First, there is a public policy dimension. Corporations gain their authority through state action and the duties of fiduciaries of …

Trends. Pakistan: An Iatrogenic Coup?, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the recent military coup in Pakistan.

Comments On Political Violence, Peace Activism, And Mythopoeic Historiography, Ibpp Editor

International Bulletin of Political Psychology

This article describes how various conceptions of history can significantly precipitate and nourish political violence--and yield a frustrating agenda for the peace activist.

Trends. The Psychology Of War And Peace: Good And Bad Demons In Yugoslavia, Ibpp Editor

International Bulletin of Political Psychology

The articles discusses the affects of demonization and war.

Peace With Justice, Susan Tiefenbrun

Hofstra Law & Policy Symposium

No abstract provided.

When Political Violence Stops: The Problem Of Psychosocial Reconstruction In The Third World, Ibpp Editor

International Bulletin of Political Psychology

This article continues the IBPP series on research presented at the 1998 American Psychological Association Annual Convention, San Francisco, California. The article is based on a presentation by IBPP Editor Cristina J. Montiel at the symposium--"After the Fighting Stops-Psychosocial Intervention and Reconciliation"-- that was co-chaired by Dr. Corann Okorodudu, Rowan University, and Anne Anderson, Psychologists for Social Responsibility.

The Nature And Scope Of The Armistice Agreement, Howard Levie

International Law Studies

This was first published in 50 American Journal of International Law 880 (1956)

The Role Of The United Nations Security Council In African Peace Management: Some Porposals, A. Peter Mutharika

Michigan Journal of International Law

The United Nations global peace management scheme is based on certain fundamental assumptions that require serious reexamination as we enter the twenty-first century. Fundamental to the 1945 vision of global peace management was the prevention of a third world war through collective action by the great powers. Structurally, this was to be achieved by a system of great power governance through the mechanism of the Security Council. While the Charter confers on the Security Council "primary responsibility" for the maintenance of international peace and security, executive decision-making is reserved for the great powers through permanent membership and the veto power. …

An Analysis Of The Oslo Ii Agreement In Light Of The Expectations Of Shimon Peres And Mahmoud Abbas, Justus R. Weiner

Michigan Journal of International Law

Review of Battling for Peace: A Memoir by Shimon Peres, and by Mahmoud Abbas

The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley

Michigan Journal of International Law

In-the post-Cold War period, the United Nations Security Council has emerged from a side show of international politics to center stage. It has acted to repel aggression, to promote humanitarian efforts, and to enforce democracy. This flowering of activity holds the potential for achieving concerted international action to remedy situations involving great human misery.

United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon

Michigan Journal of International Law

Part I of this article will examine the concept of domestic jurisdiction. One of the principal purposes of the United Nations is the maintenance of international peace and security, which in 1946 was thought to essentially entail maintaining the peace between nation States. Internal power struggles and conflicts were thought to be within the jurisdiction of the State where they took place, unless they posed a rather substantial "threat" to the peace. Thus, the drafters of the U.N. Charter made sharp distinctions between internal and international conflicts. For instance, the Charter generally proscribes international, but not domestic, conflict, and the …