Pennsylvania Studies in Human Rights
Скачать книги из серии Pennsylvania Studies in Human RightsAll Necessary Measures
What prompts the United Nations Security Council to engage forcefully in some crises at high risk for genocide and ethnic cleansing but not others? In All Necessary Measures , Carrie Booth Walling identifies several systematic patterns in the stories that council members tell about conflicts and the policy solutions that result from them. Drawing on qualitative comparative case studies spanning two decades, including situations where the council has intervened to stop mass killing (Somalia, Bosnia-Herzegovina, and Sierra Leone) as well as situations where it has not (Rwanda, Kosovo, and Sudan), Walling posits that the arguments council members make about the cause and character of conflict as well as the source of sovereign authority in target states have the potential to enable or constrain the use of military force in defense of human rights. At a moment when constructivist scholars in international relations are pushing beyond empirical claims for the value of norms and toward critical analysis of such norms, All Necessary Measures establishes discourse's real-world explanatory power. From her comparative chronology, Walling demonstrates that humanitarian intervention becomes possible when the majority of Security Council members come to a shared understanding of the conflict, perpetrators, and victims—and probable when the Council understands state sovereignty as complementary to human rights norms. By illuminating the relationship between national interests and the core values of Security Council members and how it influences decision-making, All Necessary Measures suggests when and where the Security Council is likely to intervene in the future.
Sex and International Tribunals
Before the twenty-first century, there was little legal precedent for the prosecution of sexual violence as a war crime. Now, international tribunals have the potential to help make sense of political violence against both men and women; they have the power to uphold victims' claims and to convict the leaders and choreographers of systematic atrocity. However, by privileging certain accounts of violence over others, tribunals more often confirm outmoded gender norms, consigning women to permanent rape victim status. In Sex and International Tribunals , Chiseche Salome Mibenge identifies the cultural assumptions behind the legal profession's claims to impartiality and universality. Focusing on the postwar tribunals in Rwanda and Sierra Leone, Mibenge mines the transcripts of local and supranational criminal trials and truth and reconciliation commissions in order to identify and closely examine legal definitions of forced marriage, sexual enslavement, and the conscription of children that overlook the gendered experiences of armed conflict beyond the mass rape of women and girls. In many cases, a single rape conviction constitutes sufficient proof that gender-based violence has been mainstreamed into the prosecution of war crimes. Drawing on anthropological research in African conflicts, and feminist theory, Mibenge challenges legal narratives that reinscribe essentialized notions of gender in the conduct and resolution of violent conflict and uncovers the suppressed testimonies of men and women who are unwilling or unable to recite the legal scripts that would elevate them to the status of victimhood recognized by an international and humanitarian audience. At a moment when international intervention in conflicts is increasingly an option, Sex and International Tribunals points the way to a more nuanced and just response from courts.
Guilt, Responsibility, and Denial
When the regime led by Slobodan Milošević came to an end in October 2000, expectations for social transformation in Serbia and the rest of the Balkans were high. The international community declared that an era of human rights had begun, while domestic actors hoped that the conditions that had made a violent dictatorship possible could be eliminated. More than a decade after the International Criminal Tribunal for the Former Yugoslavia initiated the process of bringing violators of international humanitarian law to justice, significant legal precedents and facts have been established, yet considerable gaps in the historical record, along with denial and disagreements, continue to exist in the public memory of the Yugoslav wars. Guilt, Responsibility, and Denial sets out to trace the political, social, and moral challenges that Serbia faced from 2000 onward, offering an empirically rich and theoretically broad account of what was demanded of the country's citizens as well its political leadership—and how these challenges were alternately confronted and ignored. Eric Gordy makes extensive use of Serbian media to capture the internal debate surrounding the legacy of the country's war crimes, providing one of the first studies to examine international institutional efforts to build a set of public memories alongside domestic Serbian political reaction. By combining news accounts, courtroom transcripts, online discussions, and his own field research, Gordy explores how the conflicts and crimes that were committed under Milošević came to be understood by the people of Serbia and, more broadly, how projects of transitional justice affect the ways society faces issues of guilt and responsibility. In charting the legal, political, and cultural forces that shape public memory, Guilt, Responsibility, and Denial promises to become a standard resource for studies of Serbia as well as the workings of international and domestic justice in dealing with the aftermath of war crimes.
Intimate Enemies
In the aftermath of a civil war, former enemies are left living side by side—and often the enemy is a son-in-law, a godfather, an old schoolmate, or the community that lies just across the valley. Though the internal conflict in Peru at the end of the twentieth century was incited and organized by insurgent Senderistas, the violence and destruction were carried out not only by Peruvian armed forces but also by civilians. In the wake of war, any given Peruvian community may consist of ex-Senderistas, current sympathizers, widows, orphans, army veterans—a volatile social landscape. These survivors, though fully aware of the potential danger posed by their neighbors, must nonetheless endeavor to live and labor alongside their intimate enemies. Drawing on years of research with communities in the highlands of Ayacucho, Kimberly Theidon explores how Peruvians are rebuilding both individual lives and collective existence following twenty years of armed conflict. Intimate Enemies recounts the stories and dialogues of Peruvian peasants and Theidon's own experiences to encompass the broad and varied range of conciliatory practices: customary law before and after the war, the practice of arrepentimiento (publicly confessing one's actions and requesting pardon from one's peers), a differentiation between forgiveness and reconciliation, and the importance of storytelling to make sense of the past and recreate moral order. The micropolitics of reconciliation in these communities present an example of postwar coexistence that deeply complicates the way we understand transitional justice, moral sensibilities, and social life in the aftermath of war. Any effort to understand postconflict reconstruction must be attuned to devastation as well as to human tenacity for life.
This Side of Silence
We are accustomed to thinking of torture as the purposeful infliction of cruelty by public officials, and we assume that lawyers and clinicians are best placed to speak about its causes and effects. However, it has not always been so. The category of torture is a very specific way of thinking about violence, and our current understandings of the term are rooted in recent twentieth-century history. In This Side of Silence , social anthropologist Tobias Kelly argues that the tensions between post-Cold War armed conflict, human rights activism, medical notions of suffering, and concerns over immigration have produced a distinctively new way of thinking about torture, which is saturated with notions of law and trauma. This Side of Silence asks what forms of suffering and cruelty can be acknowledged when looking at the world through the narrow legal category of torture. The book focuses on the recent history of Britain but draws wider comparative conclusions, tracing attempts to recognize survivors and perpetrators across the fields of asylum, criminal law, international human rights, and military justice. In this thorough and eloquent ethnography, Kelly avoids treating the legal prohibition of torture as the inevitable product of progress and yet does not seek to dismiss the real differences it has made in concrete political struggles. Based on extensive archival research and ethnographic fieldwork, the book argues that the problem of recognition rests not in the inability of the survivor to communicate but in our inability to listen and take responsibility for the injustice before us.
Political Repression
The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bill of rights, democratic processes and institutions, and increasingly, a judicial check on state power to protect human rights. While the progress toward universal formal adherence to this global model is remarkable, Linda Camp Keith argues that the substantive meaning of this progress is much less clear. In Political Repression , she seeks to answer two key questions: Why do states make formal commitments to democratic processes and human rights? What effect do these commitments have on actual state behavior, especially political repression? The book begins with a thorough exploration of a variety of tools of state repression and presents evidence for substantial formal acceptance of international human rights norms in constitutional documents as well as judicial independence. Keith finds that these institutions reflect the diffusion of global norms and standards, the role of transnational networks of nongovernmental organizations, and an electoral logic in which regimes seek to protect their future interests. Economic liberalism, on the other hand, decreases the likelihood that states adopt or maintain these provisions. She demonstrates that the level of judicial independence is influenced by constitutional structures and that levels of judicial independence subsequently achieved in turn diminish the probability of state repression of a variety of rights. She also finds strong evidence that rights provisions may indeed serve as a constraint on state repression, even when controlling for many other factors.
Immigration, Islam, and the Politics of Belonging in France
Over the past three decades, neither France's treatment of Muslims nor changes in French, British, and German immigration laws have confirmed multiculturalist hopes or postnationalist expectations. Yet analyses positing unified national models also fall short in explaining contemporary issues of national and cultural identity. Immigration, Islam, and the Politics of Belonging in France: A Comparative Framework presents a more productive, multifaceted view of citizenship and nationality. Political scientist Elaine R. Thomas casts new light on recent conflicts over citizenship and national identity in France, as well as such contentious policies as laws restricting Muslim headscarves. Drawing on key methods and insights of ordinary language philosophers from Austin to Wittgenstein, Thomas looks at parliamentary debates, print journalism, radio and television transcripts, official government reports, legislation, and other primary sources related to the rights and status of immigrants and their descendants. Her analysis of French discourse shows how political strategies and varied ideas of membership have intertwined in France since the late 1970s. Thomas tracks the crystallization of a restrictive but apparently consensual interpretation of French republicanism, arguing that its ideals are increasingly strained, even as they remain politically powerful. Thomas also examines issues of Islam, immigration, and culture in other settings, including Britain and Germany. Immigration, Islam, and the Politics of Belonging in France gives scholarly researchers, political observers, and human rights advocates tools for better characterizing and comparing the theoretical stakes of immigration and integration and advances our understanding of an increasingly significant aspect of ethnic and religious politics in France, Europe, and beyond.
