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2. Holding the Islamic Republic of Iran accountable for atrocity crimes
- Author:
- Celeste Kmiotek, Alana Mitias, and Nushin Sarkarati
- Publication Date:
- 04-2023
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- With little to no prospect for accountability within Iran’s domestic courts, victims and survivors of serious violations of international law are turning toward an increasing number of foreign jurisdictions—most commonly in Europe and North America, but also in Latin America, Africa, and other regions—to pursue justice for human rights violations carried out by the Islamic Republic of Iran. Under the principle of universal jurisdiction, certain domestic justice systems allow prosecutions in national courts for crimes committed abroad, regardless of the victim’s or perpetrator’s nationality. Universal jurisdiction stems from the concept that certain crimes are of such gravity that they harm the international community as a whole, so national courts outside the country where the violations took place may prosecute them to protect the international order. Although the crimes subject to universal jurisdiction provisions differ by state, they generally include crimes against humanity, torture, war crimes, and genocide. Limitations on universal jurisdiction also vary between states, however, as do the processes for filing complaints and procedures for investigations, trials, and appeals. As was shown by the trial and conviction of Hamid Noury in Sweden for his involvement in the massacre of Iranian political prisoners in 1988, national prosecutions of international crimes can be a fruitful avenue to justice for victims of the Islamic Republic. To this end, the Atlantic Council’s Strategic Litigation Project has compiled a guide to aid practitioners and independent investigators in navigating the legal systems of European states with the highest likelihood of prosecuting Iranian human rights violators. Focusing on five states—France, Germany, the Netherlands, Sweden, and Switzerland—this manual outlines the crimes and violations subject to universal jurisdiction, best practices for investigating and documenting crimes, and processes for requesting investigations and participating in prosecutions as a victim, witness, or NGO. For information that is beyond the scope of this manual, the annex includes printed resources to consult and organizations to contact for additional assistance.
- Topic:
- Diplomacy, Human Rights, Politics, Rule of Law, Accountability, Norms, Atrocities, Resilience, and Society
- Political Geography:
- Iran and Middle East
3. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts
- Author:
- Katja Creutz
- Publication Date:
- 06-2023
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs
- Abstract:
- The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
- Topic:
- Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
- Political Geography:
- Russia, Ukraine, and Eastern Europe
4. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?
- Author:
- Steven Blockmans
- Publication Date:
- 05-2023
- Content Type:
- Policy Brief
- Institution:
- International Centre for Defence and Security - ICDS
- Abstract:
- Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
- Topic:
- Human Rights, International Law, European Union, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
5. The Responsibility of Business to Respect Human Rights
- Author:
- Özlem Zıngıl
- Publication Date:
- 11-2023
- Content Type:
- Policy Brief
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- This brief provides a frame of reference and recommendations on the responsibility of business to respect human rights, based on the UN Guiding Principles on Business and Human Rights and current examples.
- Topic:
- Human Rights, United Nations, Business, Accountability, Transparency, and Labor Market
- Political Geography:
- Turkey and Middle East
6. Has Kosovo understood the Sexual Integrity of Women?
- Author:
- Blenda Asllani
- Publication Date:
- 09-2023
- Content Type:
- Policy Brief
- Institution:
- Kosovar Centre for Security Studies (KCSS)
- Abstract:
- The sexual integrity of women means their right to own and have full control over their bodies without any form of violence or coercion. Kosovo, like many countries in the world, has faced significant challenges in ensuring and fully respecting the sexual integrity of women. One of the most frequent forms of violation of the sexual integrity of women is sexual violence: sexual harassment, sexual assault, and rape. According to the database of the QIKA organization, from 2019 to 2022, 257 women reported that they were sexually assaulted and another 231 reported sexual harassment to the Kosovo Police. Violation of sexual integrity in Kosovo has not excluded even minor girls, where we recall the case of the rape of an 11-year-old girl by a group of 5 adult men in August, 2022. The recent data from the Information System of the Kosovo Police is a sobering reminder of the gravity of this situation: from January to May 2023, there have been 42 committed and 4 attempted rape cases. As Kosovo progresses towards enhanced national development and global integration, addressing sexual violence becomes crucial not just for individual well-being, but also as a fundamental matter of human rights, gender equality, public safety, and social cohesion.
- Topic:
- Human Rights, Women, Sexual Violence, Police, and Gender
- Political Geography:
- Eastern Europe and Kosovo
7. Forging European Unity on China: The Case of Hungarian Dissent
- Author:
- Ties Dams
- Publication Date:
- 04-2022
- Content Type:
- Policy Brief
- Institution:
- Clingendael Netherlands Institute of International Relations
- Abstract:
- EU Member states can be divided on China, even on issues such as human rights. Often singled out as an agent of division is the Hungarian government of prime minister Viktor Orbán. Hungarian dissent begs the question: how can the EU move forward on China given Hungary’s strategy of obstructive dissent? European cooperation ought not wait for unanimity, nor should it rely on value-politics: member states should play the power game to circumvent or break lingering impasses. Member States should support setting up a 27+1 Forum as the main platform for European China-policy, form a leading group tackling strategic corruption and corrosive capital, and initiative a track 1.5 dialogue on China with Germany and the Visegrád Countries.
- Topic:
- Foreign Policy, Corruption, Human Rights, and European Union
- Political Geography:
- China, Europe, Asia, and Hungary
8. The Humanitarian Paradox: Why Human Rights Require Restraint
- Author:
- Asli Bâli
- Publication Date:
- 08-2022
- Content Type:
- Policy Brief
- Institution:
- Quincy Institute for Responsible Statecraft
- Abstract:
- For the United States to be “committed to a world in which human rights are protected, their defenders are celebrated, and those who commit human rights abuses are held accountable” requires more than rhetorical flourishes.1 To achieve the goal of protecting and promoting human rights, the United States must embrace a more restrained security posture together with a persistent diplomatic strategy that prioritizes engagement ahead of confrontation. Military force and economic coercion are the wrong tools for advancing human rights. As the cases of Iraq and Libya demonstrate, preventive or humanitarian wars have critically impaired human rights. Similarly, comprehensive sanctions regimes have imposed severe human rights costs while achieving few U.S. foreign policy goals, if any, in targeted countries. The United States should therefore incorporate the following policy approaches in the service of human rights: • Right-size its expectations of what American power can achieve to protect and advance human rights abroad. On balance, exaggerated and unrealistic confidence in American power has hurt rather than helped the cause of human rights. • Serve as a public advocate of human rights in multilateral settings, engaging with international institutions to pressure allies and adversaries alike on their human rights records. At the same time, the United States should raise human rights concerns directly in its bilateral dealings when abuses come to light, using private diplomacy to highlight specific issues or changes that are priorities. • Do much more to support the protection and promotion of human rights in areas under its direct control or influence. This would include, at a minimum, halting human rights abuses committed by the U.S. in its own counterterrorism operations, freezing military aid when U.S. arms are implicated in targeting civilians, building on the recent openness to Ukrainian refugees by strengthening and expanding U.S. asylum and refugee resettlement programs globally, and greatly increasing delivery of humanitarian aid, in the form of funding as well as medical and food assistance, to civilian populations deprived of their socioeconomic rights due to conflict, climate change, and the global food crisis.
- Topic:
- Human Rights, War, Humanitarian Intervention, and Coercion
- Political Geography:
- United States of America
9. Strategic Patience: Sustainable Engagement with a Changed Afghanistan
- Author:
- Adam Weinstein
- Publication Date:
- 08-2022
- Content Type:
- Policy Brief
- Institution:
- Quincy Institute for Responsible Statecraft
- Abstract:
- One year after the United States withdrew its military from Afghanistan, relations between the two countries are stuck in a holding pattern. The United States remains the single largest humanitarian donor to the people of Afghanistan, with over $774 million USD distributed since the Taliban takeover, but the United States maintains no diplomatic presence in the country — nor does it send official diplomatic envoys.1 U.S. sanctions have not altered the Taliban’s calculus on human rights or ties with al-Qaeda. The Taliban has proved intransigent and unrealistic in its relations not only with Washington but with neighboring countries like Pakistan. Its senior leaders lack a coherent vision for the country and its emir remains reclusive.2 Future U.S. policymakers might be tempted to disengage diplomatically and economically from Afghanistan and instead rely primarily on “over-the-horizon” counterterrorism.3 The most likely consequence of this approach would be a more isolated and unstable Afghanistan, which in turn could foster an even more permissive environment for transnational terrorists. Consistent diplomacy tied to long-term U.S. security objectives is likely to produce incremental results at best, but is still preferable to diplomatic disengagement or military intervention. This brief provides a concise background and analysis of the most pressing issues affecting U.S. interests in Afghanistan. It draws on open source data; interviews with government officials — including from the de facto Taliban government; and interviews with private analysts that were conducted remotely or in person — in the United States, Pakistan, and Qatar. Broad policy recommendations • The United States should work closely with regional countries, including Pakistan, India, Tajikistan, and Uzbekistan to ensure they are prepared to handle security challenges as they emerge. If the Joint Comprehensive Plan of Action (JCPOA) is revived, opportunities may emerge to engage Iran on Afghanistan. These should include routine dialogue, intelligence sharing, and capacity building, such as policing and border security. Washington should engage separately with India and Pakistan to bolster humanitarian aid and limited commerce to Afghanistan. • The United States should reiterate mutual responsibilities under the 2020 agreement it signed with the Taliban in Doha, but recognize that it lacks effective enforcement mechanisms and therefore is better understood as an aspirational framework. • Formal recognition of the de facto Taliban government should be withheld until it demonstrates a clear commitment to its counterterrorism responsibilities and respect for basic human rights, including for women. But Washington should place diplomats in Afghanistan either through the creation of an in-country Afghanistan affairs unit, whether based in the prior U.S. Embassy or inside a friendly third country’s diplomatic mission, or by sending temporary delegations to Kabul, as our allies have. This should be coupled with multilateral steps to remove the leadership’s travel privileges. It is important that U.S. officials interact with Taliban cabinet members in Kabul and other Taliban stakeholders based in Kandahar.4 Direct outreach by U.S. military officials and the intelligence community may have utility but it is not a replacement for a coherent civilian-led diplomatic strategy. • Sanctions intended to target the Taliban as a non-state actor now extend far beyond their original scope, since they became the de facto government of Afghanistan. If not yet determined, the U.S. government should communicate what steps the Taliban must take to be de-listed as a Specially Designated Global Terrorist Group.
- Topic:
- Foreign Policy, Human Rights, Sanctions, and Engagement
- Political Geography:
- Pakistan, Afghanistan, South Asia, India, and United States of America
10. The geopolitics of technology: How the EU can become a global player
- Author:
- Julian Ringhof and José I. Torreblanca
- Publication Date:
- 05-2022
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- Battles in the digital space have taken centre stage in today’s global power struggles. The EU cannot stay aside. To become a geopolitical actor, the EU needs to learn to play global technology politics and should adopt an ambitious digital diplomacy strategy. A digital diplomacy strategy will enable the EU to better defend its values, enhance its security, and foster digital markets at home and worldwide. To counter Chinese and Russian influence in the technology realm, the EU should build digital alliances with like-minded countries. The EU needs to seek greater convergence with the US and other Western allies, and offer the global south an attractive alternative path to digital development. For the European External Action Service and the European Commission to succeed in this task, the concurrence of the EU institutions, the member states, and a variety of private stakeholders is essential.
- Topic:
- Diplomacy, Human Rights, Science and Technology, European Union, Geopolitics, and Digital Policy
- Political Geography:
- Europe
11. The UN Agenda for Protection: Policy, Strategic, and Operational Priorities
- Author:
- Damian Lilly
- Publication Date:
- 03-2022
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In his 2020 Call to Action on Human Rights, UN Secretary-General António Guterres committed to developing an “Agenda for Protection.” The agenda provides an opportunity for the UN to reaffirm that the protection of crisis-affected populations is fundamental to its purpose and values. To be effective it should address the lessons learned from previous efforts to bring about a system-wide approach to protection, particularly the Human Rights up Front initiative. Critically, it should address the systemic and structural shortcomings of the UN to effectively respond to protection crises by providing strategic coherence to the fragmented ways in which the different UN entities contribute to protection. This policy paper analyzes the policy, strategic, and operational priorities for the forthcoming Agenda for Protection. It focuses on how the UN system can reform the way it addresses protection crises while remaining mindful that its role is heavily influenced by member states. It argues that without a transformative and comprehensive approach that brings together the fragmented ways the different UN entities contribute to protection, the Agenda for Protection is likely to suffer the same fate as previous unsuccessful efforts, further undermining the organization’s credibility. The paper concludes by providing several recommendations for the UN to consider as it drafts the Agenda for Protection: Establishing a clear vision statement and a commitment to protect; Setting out a common framework of protection measures to be implemented; Designating and resourcing a system-wide lead entity on protection; Outlining procedures to scale up the response in the event of a protection crisis; Developing an implementation plan and accountability framework; and Consolidating the reporting of protection results.
- Topic:
- Human Rights, United Nations, Sustainable Development Goals, Civilians, Humanitarian Response, and Protection
- Political Geography:
- Global Focus
12. Migration restrictions in the West: Some ethical concerns
- Author:
- Emmanuel Comte
- Publication Date:
- 08-2022
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- Migration policies have divided the world in two groups: the walled world of Western countries and the rest. The EU system of migration control is the most extensive, given that Europe is surrounded by a series of regions with high migration potential. Migration restrictions do not enhance and may serve to reduce the opportunities of the worse-off and, as such, are at odds with international fairness. Negative externalities from richer to poorer countries, triggered by migration policies themselves or monetary or climate policies, make migration restrictions even more unfair. The growth of the migration control system ends up threatening human rights within Western countries. It is necessary to explore all possible ways to reverse migration restrictions and promote more open migration policies.
- Topic:
- Human Rights, Migration, Border Control, European Union, and Refugees
- Political Geography:
- Europe
13. Legal Mobilisation for Minority Rights in Central and South-Eastern Europe: an agenda for action
- Author:
- Lilla Farkas and Zsolt Körtvélyesi
- Publication Date:
- 04-2022
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- On September 2–3, 2021, a workshop was held at ELIAMEP at which participants discussed their prospective contributions to a collective volume with the working title “Legal Mobilisation for Minority Rights in Central and South-eastern Europe (CSEE)”. The contributions tracked rights-claiming by three large groups of minorities in areas historically ruled by the multicultural Austro-Hungarian monarchy and the Ottoman empire: Hungarian minorities living around their kin-state, Roma across CSEE, and Muslims in the Balkans, including Turks, Muslims, Albanians, and Bosniaks. The edited volume will be the first systemic study of minority-rights activism in its political and geographic context, with a focus on how ethnic minorities use law in practice. Rather than focusing on high-visibility international litigation, which is dominant in the extant scholarship, the volume tracks legal action from the national and local level up, assessing the impact of legal mobilization in terms of social change, not simply legal success.
- Topic:
- Human Rights, Law, Minorities, Ethnicity, and Activism
- Political Geography:
- Eastern Europe, Balkans, Hungary, and Central Europe
14. Multilateralism Index: Pilot Report
- Author:
- International Peace Institute
- Publication Date:
- 09-2022
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In the past several years, there has been a much-discussed rise in strain on multilateralism. However, there have been few efforts to quantifiably assess the state of the multilateral system. This Multilateralism Index (MI) report is the first known attempt to do so. It focuses on developments in the system over the past decade, providing a snapshot of its relative strength in 2020 compared to 2010. It seeks to answer questions including: What is the state of the multilateral system? What is working? What is not? And how has the multilateral system changed over time? The MI examines five domains of multilateral coordination: Peace and Security, Human Rights, Environment, Public Health, and Trade. Each domain is evaluated across three dimensions: Participation, Performance, and Inclusivity. Analysis of sixty-five indicators across these domains and dimensions reveals several trends in multilateral cooperation over the past decade: Participation scores for Human Rights, Public Health, and Trade have improved, while the scores for Peace and Security and Environment have deteriorated. Performance scores have deteriorated in four out of five domains. Inclusivity scores have improved across all five domains. These trends shed light on the nature of the crisis of multilateralism. Rather than decreased international cooperation and widespread exit from multilateral institutions, we are seeing a battle over the nature and purpose of the multilateral system—not decay, but transformation. The MI provides a basis for tracking this transformation and informing decision making on the future of multilateralism.
- Topic:
- Security, Environment, Human Rights, Multilateralism, Peace, Trade, and Public Health
- Political Geography:
- Global Focus
15. The 2022 Israeli elections: Change, but no change
- Author:
- Erwin van Veen
- Publication Date:
- 10-2022
- Content Type:
- Policy Brief
- Institution:
- Clingendael Netherlands Institute of International Relations
- Abstract:
- On 1 November 2022, Israelis will cast their votes to elect a new parliament for the 25th time since 1948. Between 1949 and 2019 (70 years), Israelis went to the polls 20 times. Each parliamentary assembly (Knesset) averaged 3.5 years. But between 2019 and 2022, Israelis voted four times. Each parliamentary assembly averaged only nine months. This brief examines some of the causes of Israel’s political turmoil and assesses whether it matters for two issues of European concern: Israel’s status as ‘democratic’ ally and the occupation of Palestine. Despite their evident shortcomings with regard to Israeli Arabs and Palestinians, we do not expect the Israeli elections of November 2022 to downgrade the country’s allied status across European capitals. Neither do we anticipate the Israeli elections to moderate the country’s policy of annexation in the West Bank and East Jerusalem. Our analysis suggests instead that future Israeli governments will maintain majoritarian Jewish rule and expects it to be propelled by a more unapologetic and repressive ethno-nationalism. This will lead Israel further down the path of exclusionary governance and large-scale human rights violations that risks backfiring in the long term. It will also further erode the moral credibility of the European Union, including the Netherlands, in the areas of human rights and accountability.
- Topic:
- Human Rights, Elections, Democracy, Domestic Politics, and Parliament
- Political Geography:
- Middle East and Israel
16. Fragmentation nation: How Europeans can help end the conflict in Yemen
- Author:
- Helen Lackner
- Publication Date:
- 12-2022
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- For eight years, Yemen has suffered a civil war, whose conduct has been exacerbated by outside powers, principally Saudi Arabia and the UAE on one side, while Iran has supported the other. Yemen is a politically, socially, geographically, and religiously fragmented country, including within the two broad areas controlled by the internationally recognised government and the Houthis respectively. Saudi Arabia and the UAE may soon decrease their military interference in Yemen – but their exit could expose divisions in both government and Houthi areas. Yemen was poor before the conflict, but a corrupt war economy has now taken hold, strengthening an array of local power holders, while the Yemeni people slip into ever-deeper destitution. Short-term measures introduced with the support of the international community have failed to stabilise the situation. Europeans should take a longer-term approach to Yemen. They should promote the country’s cause in their diplomacy with Gulf Arab states and make a commitment to economic support, a values-based approach, and an emphasis on human rights in Yemen.
- Topic:
- Foreign Policy, Civil War, Diplomacy, Human Rights, and Armed Conflict
- Political Geography:
- Europe, Middle East, Yemen, Saudi Arabia, North Africa, and United Arab Emirates
17. The Rollback of Human Rights and the Rule of Law in Hong Kong
- Author:
- Michael C. Davis
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- The Jamestown Foundation
- Abstract:
- After the Hong Kong protest movement exploded in 2019, the world looked on with both hope and trepidation. Protestors made five demands: that a proposed extradition law be withdrawn; that there be an independent investigation of police behavior; that the protests stop being characterized as riots; that any charges against arrested protesters be dropped and that promised universal suffrage be implemented (HKPF, December 25, 2019). After months of protest, Hong Kong Chief Executive Carrie Lam publicly withdrew the extradition bill, fulfilling the first of the protestors’ demands (SCMP, September 4, 2019). But this temporary victory was too little too late and overshadowed by the ongoing and often violent crackdown on the protesters, and then in 2020, with Beijing’s imposition of the new National Security Law (NSL) (China Brief, July 29, 2020).
- Topic:
- Human Rights, Law, Rule of Law, Protests, and Repression
- Political Geography:
- China, Asia, and Hong Kong
18. Tensions in Jerusalem: Initial Commentaries by Mitvim Institute Experts
- Author:
- Lior Lehrs, Nimrod Goren, Ido Zelkovitz, Nadav Tamir, and Merav Kahana-Dagan
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Mitvim: The Israeli Institute for Regional Foreign Policies
- Abstract:
- The latest events in Jerusalem – at Muslim holy sites, the Damascus Gate and the Sheikh Jarrah neighborhood – have brought tensions in the city to new heights and affect Israel’s relationship with the Palestinians and Arab states. This document compiles initial commentaries by Mitvim Institute experts. Dr. Lior Lehrs explains that restoring calm in Jerusalem requires dealing with structural problems and foresees a role for President Biden in such a process; Former MK Ksenia Svetlova argues that the violence stems from government neglect and could exacerbate tensions with Jordan; Dr. Nimrod Goren argues that the escalation in Jerusalem should convince the political left to demand diplomatic portfolios in the emerging government; Dr. Ido Zelkovitz believes that the Palestinian Authority and Hamas are supporting the Jerusalem protests and that Hamas hopes to emerge from them with the upper hand; Former diplomat Nadav Tamir points to violations of human rights and the status quo as the cause of the current round of violence.
- Topic:
- Diplomacy, Human Rights, Displacement, Violence, Hamas, and PLO
- Political Geography:
- Middle East, Israel, Palestine, Jerusalem, and Arab Countries
19. Raising a caution flag on US financial sanctions against China
- Author:
- Jeffrey J. Schott
- Publication Date:
- 01-2021
- Content Type:
- Policy Brief
- Institution:
- Peterson Institute for International Economics
- Abstract:
- China’s policies in Xinjiang, Hong Kong, and the South China Sea and its ongoing support for Iran, North Korea, and Venezuela pose major challenges for the United States, where bipartisan pressure is growing to ramp up punitive sanctions against leading Chinese firms and financial institutions. Financial sanctions freeze the US assets or bar US entry of the targeted individuals and firms and prohibit US financial firms from doing business with them. Schott explains why US officials should carefully weigh the risks to international financial markets and US economic interests before imposing punitive sanctions on major financial institutions engaged with China. The collateral costs of such sanctions would be sizable, damaging US producers, financial institutions, and US alliances. By restricting access of major banks to international payments in US dollars and barring use of messaging systems like SWIFT, tougher US financial sanctions would effectively “weaponize” the dollar; friends and foes alike would be pushed to seek alternatives to dollar transactions that, over time, would weaken the international role of the dollar. Instead of doubling down on current unilateral financial sanctions, US policy should deploy sanctions in collaboration with allies and calibrate trade and financial controls to match the expected policy achievements.
- Topic:
- Human Rights, Sanctions, Finance, and Economy
- Political Geography:
- China, Asia, North America, and United States of America
20. Back to democracy: Europe, Hamas, and the Palestinian elections
- Author:
- Hugh Lovatt
- Publication Date:
- 03-2021
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- Palestinian elections are on track to take place during the coming months – for the first time in over a decade. The EU and the US have a decisive role to play in ensuring the electoral process succeeds. In doing so, they can support Palestinian political renewal and improve prospects for a sustainable peace agreement with Israel. Within Hamas, moderates have gambled on elections. The movement – along with Fatah – is looking for new avenues for political engagement given the increasingly inauspicious regional and international context. The EU and the US must: commit to respecting the outcome of the Palestinian elections; persuade Israel to support a free, fair, and inclusive process; and pursue a constructive relationship with any new government that pledges respect for democracy, human rights, and international law.
- Topic:
- Human Rights, International Law, Authoritarianism, Elections, Democracy, and Hamas
- Political Geography:
- Europe, Israel, and Palestine
21. Towards cutting-edge European humanitarian leadership
- Author:
- Jean-Louis De Brouwer and Edouard Rodier
- Publication Date:
- 03-2021
- Content Type:
- Policy Brief
- Institution:
- EGMONT - The Royal Institute for International Relations
- Abstract:
- Added to the already enormous challenges faced by the humanitarian system and its constituent parts (proliferation of conflict and non-state actors, climate stress, mass migration, ...), the global Covid-19 pandemic coupled with repeated assaults on the basic tenets of multilateralism have brought existing systems to a breaking point, if not irrelevance. Traditional principled humanitarian positioning has fallen short of engaging with or addressing nefarious global political trends with dramatic effects. The result has been inequitable access to life saving support to those who need it most, risk transfers, and overall reduced capacity for aid agencies to meet growing challenges. A paradigm shift is needed. The imminent Communication of the European Commission on humanitarian aid is an opportunity to clarify perimeters, reaffirm with force the authority of IHL and take the measure of how much the EU can leverage support to strengthen principled humanitarian action across the world. It should set the frame to address structural tensions that require more thinking and interactions and create at EU level a space for non- institutional and informal dialogue.
- Topic:
- Human Rights, International Cooperation, European Union, Leadership, Institutions, Pandemic, and COVID-19
- Political Geography:
- Europe
22. Decolonising Human Rights Protection in Africa: Impunity Rhetorically Repackaged?
- Author:
- Stef Vandeginste
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- EGMONT - The Royal Institute for International Relations
- Abstract:
- Pointing out the need to decolonise human rights protection in Africa, authorities at the level of the African Union (AU) and its member states have initiated a number of institutional reforms. Purportedly aimed at enhancing accountability for human rights violations, in reality these continental mechanisms offer very little prospect to victims. In terms of the individual criminal responsibility of perpetrators, the 2014 Malabo Protocol is no more than an empty shell. In the area of state responsibility, the African Court on Human and Peoples’ Rights is facing an existential threat because of AU member states withdrawing their declarations to allow individual victims and NGOs to directly access the Court. Ultimately, the rhetorical hijacking and political misuse of the decolonisation paradigm is leaving African victims of human rights violations worse off.
- Topic:
- Human Rights, International Cooperation, Decolonization, Humanitarian Crisis, and African Union
- Political Geography:
- Africa
23. The architecture of repression: Unpacking Xinjiang’s governance
- Author:
- Vicky Xiuzhong Xu, James Leibold, and Daria Impiombato
- Publication Date:
- 10-2021
- Content Type:
- Policy Brief
- Institution:
- Australian Strategic Policy Institute (ASPI)
- Abstract:
- Since the mass internment of Uyghurs and other indigenous groups in China was first reported in 2017, there is now a rich body of literature documenting recent human rights abuses in the Xinjiang Uyghur Autonomous Region. However, there is little knowledge of the actual perpetrators inside China’s vast and opaque party-state system, and responsibility is often broadly attributed to the Chinese Communist Party, Xinjiang Party Secretary Chen Quanguo, or President Xi Jinping himself. For accountability, it is necessary to investigate how China’s campaign against the Uyghurs has been implemented and which offices and individuals have played a leading part. The current knowledge gap has exposed international companies and organisations to inadvertent engagement with Chinese officials who have facilitated the atrocities in Xinjiang. It has also prevented foreign governments from making targeted policy responses. Finally, it is essential to carry out such an investigation now. Amid debate internationally about whether the recent events in Xinjiang constitute genocide, Chinese officials are actively scrubbing relevant evidence and seeking to silence those who speak out.
- Topic:
- Human Rights, Governance, Repression, and Uyghurs
- Political Geography:
- China, Asia, and Xinjiang
24. #StopXinjiang Rumors: The CCP’s decentralised disinformation campaign
- Author:
- Fergus Ryan, Ariel Bogle, Albert Zhang, and Jacob Wallis
- Publication Date:
- 12-2021
- Content Type:
- Policy Brief
- Institution:
- Australian Strategic Policy Institute (ASPI)
- Abstract:
- This report analyses two Chinese state-linked networks seeking to influence discourse about Xinjiang across platforms including Twitter and YouTube. This activity targeted the Chinese-speaking diaspora as well as international audiences, sharing content in a variety of languages. Both networks attempted to shape international perceptions about Xinjiang, among other themes. Despite evidence to the contrary, the Chinese Communist Party (CCP) denies committing human rights abuses in the region and has mounted multifaceted and multiplatform information campaigns to deny accusations of forced labour, mass detention, surveillance, sterilisation, cultural erasure and alleged genocide in the region. Those efforts have included using Western social media platforms to both push back against and undermine media reports, research and Uyghurs’ testimony about Xinjiang, as well as to promote alternative narratives. In the datasets we examined, inauthentic and potentially automated accounts using a variety of image and video content shared content aimed at rebutting the evidence of human rights violations against the Uyghur population. Likewise, content was shared using fake Uyghur accounts and other shell accounts promoting video ‘testimonials’ from Uyghurs talking about their happy lives in China. Our analysis includes two datasets removed by Twitter: Dataset 1: ‘Xinjiang Online’ (CNHU) consisted of 2,046 accounts and 31,269 tweets. Dataset 2: ‘Changyu Culture’ (CNCC) consisted of 112 accounts and 35,924 tweets. The networks showed indications of being linked by theme and tactics; however, neither achieved significant organic engagement on Twitter overall—although there was notable interaction with the accounts of CCP diplomats. There were signs of old accounts being repurposed, whether purchased or stolen, and little attempt to craft authentic personas. Twitter has attributed both datasets to the Chinese government, the latter dataset is specifically linked to a company called Changyu Culture, which is connected to the Xinjiang provincial government. This attribution was uncovered by ASPI ICPC in the report Strange bedfellows on Xinjiang: the CCP, fringe media and US social media platforms.
- Topic:
- Human Rights, Diaspora, Social Media, Disinformation, Misinformation, and Twitter
- Political Geography:
- China, United States of America, and Xinjiang
25. The Relationship Between Violations and Abuses of Human Rights and the Commission of Atrocity Crimes
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- The Responsibility to Protect is a political commitment made by heads of state and government at the 2005 UN World Summit aimed at preventing and halting four mass atrocity crimes, namely genocide, war crimes, crimes against humanity and ethnic cleansing. In doing so, states agreed that governments have the primary responsibility to protect populations within their borders from atrocity crimes, that the international community should help states in building the capacity to uphold this responsibility, and that when a state is unwilling or manifestly failing to do so, the international community must be prepared to take timely and decisive collective action in accordance with the UN Charter. Atrocity crimes do not occur in a vacuum, nor are they isolated or random incidents. Rather, they are typically the consequence of a broader process. In order to adequately prevent and respond to the threat of atrocity crimes, there is a need to understand the early warning signs, risk factors and aggravating conditions that may culminate in the perpetration of such grave crimes. Systematic or widespread human rights violations and abuses often serve as one of the key early warning signs of possible atrocity crimes. This briefing paper aims to examine the relationship between mass atrocity crimes and human rights violations and abuses, highlighting that such violations and abuses may precede and significantly elevate atrocity risks and may also constitute atrocity crimes themselves if certain thresholds or conditions are met.
- Topic:
- Human Rights, United Nations, Responsibility to Protect (R2P), and Atrocities
- Political Geography:
- Global Focus
26. Diving Deeper: Under the surface of Intermediary Funding
- Author:
- Global Philanthropy Project (GPP)
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- Global Philanthropy Project (GPP)
- Abstract:
- Diving Deeper: Under the surface of Intermediary funding data compares data on different types of intermediaries in order to provide greater understanding to the field about how, where, and to whom intermediaries are distributing resources. The brief also examines how government, multilateral, and private foundation funders partner with intermediaries to support global LGBTI rights and development.
- Topic:
- Development, Human Rights, LGBT+, Data, Philanthropy, and Funding
- Political Geography:
- Global Focus
27. Rebuilding Constitutionalism and Rule of Law in Zimbabwe
- Author:
- Stephen Buchanan-Clarke and Sikhululekile Mashingaidze
- Publication Date:
- 08-2021
- Content Type:
- Policy Brief
- Institution:
- Good Governance Africa (GGA)
- Abstract:
- Recommendations to the Zimbabwean government Commit to a new, inclusive pathway for a mediated, citizen-centred national dialogue to align with and enact the principles set out in the Zimbabwe Constitution of 2013, to resolve the current constitutional crisis and legitimacy question. Comprehensive legal, political, and economic reform is critical. Commit to the drafting and passing of a comprehensive electoral law consistent with the 2013 Constitution that guarantees the independence of the Zimbabwe Electoral Commission (ZEC), allows for the appointment of an independent ZEC chair from outside of Zimbabwe, and prevents government from interfering with the work of the commission. Ensure a comprehensive delimitation exercise, extend the voter registration process, and ensure there is a transparent and comprehensive verification process to develop a credible voters’ roll. This would include allowing independent interested stakeholders from civil society, the media, and opposition parties access to inspect the voters’ roll prior to elections. Promote a free and fair election campaign environment for all players, and actively guard against voter intimidation by establishing a special body to investigate complaints of political violence and allow external independent observers early access to all voting stations prior to election day. Restore independence and citizen trust in the county’s public institutions through, for example, the institution of an independent and impartial judicial committee tasked with restoring judicial independence and making recommendations for complete judicial reform, to eradicate judicial corruption, ensure the independence of judges and improve the functioning of the courts. End partisanship in the police force, starting with undertaking investigations into allegations of human rights violations against the Zimbabwe Republic Police (ZRP) and other security sector agencies, and ensuring those responsible for such abuses are held accountable under the law.
- Topic:
- Government, Human Rights, Reform, Elections, Constitution, Rule of Law, Police, and Inclusion
- Political Geography:
- Africa and Zimbabwe
28. Breaking the Mold: Lessons from Sixteen Years of Innovative UN Political Engagement in Nepal
- Author:
- Rebecca Brubaker and Akhilesh Upadhyay
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- UN political engagement in Nepal between 2002 and 2018 has long been considered a successful example of sustained and innovative support to a critical peace process. Many governments in the broader region, however, have largely eschewed international assistance in resolving conflicts, perceiving it as an unnecessary infringement on state sovereignty or a threat to regional balances of power. This paper looks at lessons the UN could learn from its political presence in Nepal. It summarizes the four periods of the UN’s involvement, highlights best practices, and reviews the challenges faced and how they shaped the range of actions available to the UN. It concludes with eight lessons for the UN: Foster relationships with key conflict parties before there is a need for an active UN political role; Use indirect means to keep the regional players positively engaged, when direct means fail; Draw on or generate high-quality, fast, actionable, and representative conflict information; Design UN missions according to context; Manage a mission’s (perceived or real) footprint in order to maximize leverage; Build a dedicated communications strategy to help set and manage expectations regarding what a mission can and cannot do; Consider using human rights monitoring as the groundwork for conflict resolution; and Be willing to make unpopular decisions, if they are the right decisions for sustaining the peace.
- Topic:
- Human Rights, United Nations, Conflict, and Peace
- Political Geography:
- South Asia and Nepal
29. A UN for All? UN Policy and Programming on Sexual Orientation, Gender Identity and Expression, and Sex Characteristics
- Author:
- Albert Trithart
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- Sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) have been on the UN’s agenda for more than twenty-five years. Many of the earliest developments took place in the UN human rights mechanisms and Human Rights Council. Increasingly, however, UN agencies, funds, and programs are also integrating SOGIESC into their policy and programming. This paper explores what these UN entities have been doing to respect, protect, promote, and fulfill the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people. It looks at how the UN’s work on SOGIESC has intersected with its work on human rights, global public health, development, humanitarian affairs, peace and security, and gender. It also assesses what has been driving forward policy and programming on SOGIESC and the barriers that have held back further progress. The paper concludes with recommendations for the UN Secretariat, UN agencies, funds, and programs, supportive UN member states, and LGBTI activists across five areas: Building the human resources needed to institutionalize the UN’s work on SOGIESC; Making the UN a safe and accepting workplace for LGBTI people; Mainstreaming and coordinating work on SOGIESC; Strengthening partnerships between the UN and other actors; and Continuing to expand policy and programming on SOGIESC into new areas.
- Topic:
- Gender Issues, Human Rights, United Nations, Inequality, Sustainable Development Goals, LGBT+, Peace, and Transgender
- Political Geography:
- Global Focus
30. The UN’s Response to the Human Rights Crisis After the Coup in Myanmar: Destined to Fail?
- Author:
- Damian Lilly
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- Since seizing power in a coup on February 1, 2021, Myanmar’s military has launched a violent crackdown against anti-coup protesters—a campaign of terror that may amount to crimes against humanity. With violence spreading, there are fears that the country is slipping toward full-scale civil war and state collapse. The international community has appeared almost powerless to respond to this human rights crisis, reflecting a broader weakening of its resolve to prevent and respond to atrocity crimes over the last decade. This policy paper analyzes the human rights crisis created by the coup in Myanmar and assesses the response of the UN, within the context of broader international efforts, when viewed against the many commitments that have been made to protect people from atrocity crimes. The first section outlines the different elements of the human rights crisis and the violations that have been occurring. The second section places the events in Myanmar in the context of international commitments, including by the UN, to address atrocity crimes. The third section reviews the human rights tools that are at the disposal of the UN to understand what works and what does not and to highlight innovative ways to address such a challenging situation. The paper concludes with proposals for what an agenda for protection in Myanmar might entail, building on the ambitious Call to Action for Human Rights launched by the UN secretary-general in 2020. The unfolding tragedy in Myanmar is one of the first major tests of the secretary-general’s initiative, and so far, the UN’s response—both as an intergovernmental body of member states and as a system of operational entities—has been woefully inadequate. While there is no simple recipe for halting the atrocity crimes, the UN could take a combination of measures at several levels: Grounding the response in a political strategy; Increasing capacity for human rights monitoring and quiet diplomacy; Providing clear leadership that encourages a less risk-averse approach; Devising a whole-of-system approach to the UN’s response; Scaling up protection services; and Supporting existing nationally or locally-led protection efforts.
- Topic:
- Human Rights, United Nations, Coup, Civilians, and Responsibility to Protect (R2P)
- Political Geography:
- Southeast Asia and Myanmar
31. Considering the Protection of Civilians during UN Peacekeeping Transitions
- Author:
- Damian Lilly
- Publication Date:
- 01-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In contrast to recent transitions, the next wave of UN peacekeeping transitions is set to occur in contexts where civilians continue to face threats of physical violence. These transitions are likely to have major implications for the protection of civilians (POC), which should be a key consideration for the UN when planning these missions’ exit strategies. As the mandate of a UN peacekeeping operation draws to an end and the UN reconfigures its presence, the strategic goals of POC will evolve. To ensure sound exit strategies, missions should revise their protection priorities and approaches as countries move from crisis management toward peacebuilding. This requires shifting from a military-dominated to a civilian-led approach to POC in coordination with humanitarian, development, and other peace actors. It also requires defining the target end state for POC—a difficult task due to political sensitivities and the technical challenges of assessing ongoing threats to civilians. In addition, exit strategies need to focus on enhancing national ownership and leadership of POC, as states ultimately have the primary responsibility for protecting their civilian population. Beyond these strategic considerations, the UN also needs to reconfigure its operational approach to POC both during peacekeeping transitions and after a mission’s closure. Under tier 1 of the UN Department of Peace Operations’ (DPO) POC concept (protection through dialogue), the UN needs to prioritize political engagement with host states and ensure that the mission’s followon presence continues to address POC in its political strategy and has adequate capacity in areas such as human rights monitoring. Under tier 2 (provision of physical protection), transferring tasks to host-state authorities without falling off a “physical protection cliff” requires delicate negotiations and significant capacity building. Finally, tier 3 (establishment of a protective environment) increases in importance as the strategic goals of a mission shift toward enhancing national ownership of POC and addressing the root causes of threats to civilians. Twenty years on from the Security Council first mandating a UN peacekeeping operation to protect civilians, the UN’s approach to POC is entering a new phase in which missions are being called upon not only to respond to threats to civilians but also to plan for their exit and a shift toward peacebuilding. To avoid the premature departure of UN peacekeeping operations when civilians continue to face threats, the UN should develop a system-wide strategy to ensure smooth and sustainable peacekeeping transitions.
- Topic:
- Human Rights, United Nations, Peacekeeping, and Civilians
- Political Geography:
- Global Focus
32. The Status of Amnesty Provisions in Situations of Transition under the African Charter
- Author:
- Solomon Dersso
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- This policy paper presents a review of the analysis of the African Commission on Human and Peoples' Rights on the legal validity of amnesty provisions under the African Charter. It examines how the obiter dictum of the Commission in Thomas Kwoyelo v. Uganda advances its jurisprudence on amnesty and the parameters the Commission has set for evaluating amnesty provisions.
- Topic:
- Human Rights, Legal Theory, Violence, Peace, and Reconciliation
- Political Geography:
- Africa
33. Transitional Justice in Africa: What's Human Rights Got to Do with It?
- Author:
- Elsabe Boshoff
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The African Commission on Human and Peoples' Rights has the potential to play a significant role in the development of holistic transitional justice approaches by providing a framework for states based on the African Charter on Human and Peoples' Rights and related regional human rights instruments. This policy brief presents ways in which the African Commission's 2019 Study on Transitional Justice and Human and Peoples' Rights in Africa develops a comprehensive human rights-based framework for transitional justice processes on the continent, as well as ways in which transitional justice can be mainstreamed in the African Commission's own work.
- Topic:
- Human Rights, International Cooperation, Transitional Justice, and Humanitarian Crisis
- Political Geography:
- Africa
34. Torture Victims Have a Right to Rehabilitation: A Guide for Service Providers to Assist Victims of Torture in Securing their Right to Rehabilitation
- Author:
- Centre for the Study of Violence and Reconciliation
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The PARI Network has developed a Rehabilitation Manual that speaks to victims' rights against torture. It is a guide for service providers to assist victims of torture in securing their right to rehabilitation. The overall objective of the Manual is to enhance African service providers' understanding of torture and how they can assist torture survivors in securing their right to rehabilitation. This is because rehabilitation is more than just care for those who have been tortured. It is a human right which belongs to every victim, regardless of who or where they are.
- Topic:
- Human Rights, Torture, Rehabilitation, and Victims
- Political Geography:
- Africa
35. Genocide in Xinjiang: Centering Uyghur Human Rights in US Policies Toward China
- Author:
- Nury Turkel
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- Hudson Institute
- Abstract:
- Acts of genocide are currently underway against the Uyghur people in the Xinjiang Uyghur Autonomous Region of northwestern China, also known as East Turkistan. As part of a campaign of persecution and cultural eradication, Chinese authorities have, according to former detainees and prisoners, subjected millions of Uyghurs and other minorities to rape, torture, forced labor, arbitrary detention, involuntary abortion and sterilization in state-run facilities, and the separation of around half a million Uyghur children from their families. Although both Republicans and Democrats in the United States have acknowledged these horrifying acts as genocide, the rest of the world has been slow to follow, whether because they find the evidence to be inconclusive or because they are reluctant to antagonize China. Regardless, now that the Biden administration is on record declaring the actions of the Chinese government to be genocide, the United States has a legal and moral obligation to do what it can to end the mass atrocities that the Chinese Communist Party (CCP) is committing against the Uyghur people. While both the Trump and Biden administrations and Congress have already taken steps to address this human rights disaster, more can and should be done to defend the Uyghur people, address their humanitarian needs, promote accountability, and ensure that individuals and entities within the United States—including private businesses—are not complicit in the abuses underway. A strong response to the ongoing genocidal campaign would send a powerful message to Beijing that America will not tolerate efforts to destroy ethno-religious groups, either as a whole or in part. Conversely, failure to act would render the Convention on the Prevention and Punishment of the Crime of Genocide (which the United States ratified in 1988) and its implementing legislation null and void. Through the three Cs—competition, confrontation, and cooperation—the Biden administration can act in coordination with US friends and allies abroad to end these atrocities. The Biden administration is now on record as recognizing this repressive campaign as genocide, a move that must trigger a response toward Beijing that departs from business as usual. Although China’s significant global influence supports the assumption that effective levers to influence its behavior with respect to human rights issues are lacking, international attention and pressure have already caused Beijing to backpedal to a certain degree. This attention and pressure resulted from US-led efforts to rally international support coupled with US legislative and executive responses, including sanctions, visa restrictions, and trade restrictions. This policy memo outlines the nine areas of action that, performed in coordination with complementary actions of partners and allies, could alleviate the Uyghur human rights crisis, pressure China to reverse course, and ensure that the West and corporate America are not complicit in genocide.
- Topic:
- Foreign Policy, Genocide, Human Rights, and Religion
- Political Geography:
- China, Asia, United States of America, and Xinjiang
36. The Atrocities Against Uyghurs and Other Minorities in Xinjiang
- Author:
- Nury Turkel
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Hudson Institute
- Abstract:
- This memo is adapted from Nury Turkel’s testimony before the US House of Representative’s Committee on Foreign Affairs’ hearing on May 6, 2021, “The Atrocities Against Uyghurs and Other Minorities in Xinjiang.” He testified on behalf of the Uyghur Human Rights Project.
- Topic:
- Human Rights, Politics, Religion, Repression, Uyghurs, and Freedom
- Political Geography:
- China and Asia
37. Impact of COVID-19 on Ombuds Institutions for the Armed Forces
- Author:
- Luka Glusac and Ajla Kuduzovic
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- New technologies simply cannot generate the insight and trust gained through personal interactions with a complainant or a witness, which allows for richer and more nuanced information gathering.
- Topic:
- Human Rights, Science and Technology, Public Health, Pandemic, and COVID-19
- Political Geography:
- Global Focus
38. The rule of law in Poland or the false argument about the primacy of European law
- Author:
- Eric Maurice, Emilie Malivert, and Ana Pasturel
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
- Topic:
- Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
- Political Geography:
- Europe and Poland
39. The Union’s external borders: a European debate revisited
- Author:
- Stefanie Buzmaniuk
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- The management of the European Union's external borders is the subject of passionate debate in the European Parliament hemicycle and in many different media in Europe. It also features in a decision made by the European Court of Justice (CJEU) on December 17th 2020 stating that Hungary had been violating European law by turning back migrants as of 2015. Following the latest terrorist attacks on European soil, particularly in France and Austria in the autumn of 2020, the question of European cooperation in the protection of external borders has once again came to the fore. The work of Frontex, the European Border and Coast Guard Agency, has moreover been the focus of a debate regarding its practices and also its role in "pushbacks", the illegal refoulement of migrants. These debates are taking place just as Frontex is in full “metamorphosis”, as suggested by its Executive Director Fabrice Leggeri, since the Agency’s budget has increased significantly and its remit progressively strengthened. In a profoundly symbolic gesture, on 11th January 2021, Frontex unveiled its first official uniform: The Agency’s personnel will now be armed, a first in the Union’s history. It therefore seems appropriate to analyse in depth the complexities involved in managing the Union's external borders and to take a detailed look at Frontex's work. What meaning do these borders, which are primarily national in nature, have for the Union as a whole? What is the importance of an Agency like Frontex? Which challenges does it face in its mission? How can trust be restored between the Agency, the European institutions, the Member States, European citizens and migrants who wish to cross the Union's borders? And, more importantly, how do we reconcile the protection of human rights with the protection of borders?
- Topic:
- Human Rights, Migration, European Union, and Borders
- Political Geography:
- Europe
40. Protecting Freedom of Thought in the Digital Age
- Author:
- Susie Alegre
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for International Governance Innovation
- Abstract:
- As digital technology plays an ever-increasing role in our lives, the need for regulations to protect our rights to freedom of thought and opinion is becoming more apparent, especially with regard to social media platforms’ relentless mission to get inside people’s heads using their personal data. International human rights law protects our right to freedom of thought, which includes the right to keep our thoughts and opinions private, the right not to have our thoughts and opinions manipulated, and the right not to be penalized for our thoughts and opinions. This policy brief will explore strategies to protect these rights in digital spaces.
- Topic:
- Human Rights, Science and Technology, Privacy, and Digitalization
- Political Geography:
- Global Focus
41. Risk of Mass Atrocities in Mozambique
- Author:
- Simon-Skjodt Center for the Prevention of Genocide
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
- Abstract:
- Mozambique ranks 24th in the Early Warning Project risk assessment for mass killing for 2020-21. The strongest risk factor is the armed conflict between the government and insurgents, which has killed over 1,300 civilians and displaced nearly 700,000 of the 2.32 million people in Cabo Delgado. To prevent mass atrocities, the government of Mozambique must invest in peacebuilding, provision of basic services, and professionalization of its armed services. All perpetrators of gross human rights violations must be held accountable. The U.S. and other governments should conduct a full mass atrocity risk assessment immediately, and analyze how their military assistance and private sector investments are impacting the conflict.
- Topic:
- Human Rights, Atrocities, Risk Factors, and Peacebuilding
- Political Geography:
- Africa, Mozambique, and United States of America
42. Biden and Belarus: A strategy for the new administration
- Author:
- Anders Åslund, Melinda Haring, John Herbst, and Alexander Vershbow
- Publication Date:
- 01-2021
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- United States President Joseph R. Biden Jr. has an historic opportunity to bring Europe together and reverse the tide of dictatorship by building an international coalition to support democracy in Belarus. In 2020, Belarusians unexpectedly called Alyaksandr Lukashenka’s legitimacy into question in the country’s August presidential election. Lukashenka brazenly rigged the results, claiming that he took 80 percent of the vote, but neither the United States nor the European Union (EU) recognizes his victory. A months-long protest movement has coalesced that demands new elections under the supervision of the international community. Recent years have seen no better chance for US leadership to facilitate lasting positive change in Europe than the crisis in Belarus. But how to secure democratic change in Belarus is not simple given internal resistance and Moscow’s determination to prevent another “color revolution.” Lukashenka is likely finished, unable to restore any authority or legitimacy. But he is seeking to hang on despite Moscow’s efforts to arrange a pliable replacement who would preserve Minsk’s pro-Russian orientation. Managing Moscow’s efforts to prevent an aroused citizenry from choosing their own leader is no easy task. Russia remains the key geopolitical player in Belarus, often plays the long game, and may be willing to countenance military options that the United States cannot. Perhaps the key fact is that Belarusians have made it amply clear that they want accountable leaders that they can choose and dismiss for themselves. More than thirty thousand peaceful protesters have been detained since August, more than three hundred and fifty police officers have defected, and ordinary Belarusians are no longer afraid to voice their opposition to the regime. Kremlin support for the ongoing repression risks turning the Belarusian people—historically friendly toward Russia—in a pro-European direction. These changes in Belarus are something that Moscow cannot ignore, and the United States and its allies must nourish and strengthen them in consistent ways that avoid and deter a Kremlin overreaction. Biden, with his long experience promoting US values and interests and his determination to strengthen transatlantic relations, is ideally situated to promote clear support for the people of Belarus that does not directly challenge Moscow’s security interests.
- Topic:
- Economics, Human Rights, Sanctions, and Democracy
- Political Geography:
- Europe, Belarus, and United States of America
43. What choices remain for the United States in Syria?
- Author:
- Nate Rosenblatt and Jomana Qaddour
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- Syria is home to one of the world’s most complex conflicts. The chaos caused by the Syrian regime and its allies — within Syria, across the Middle East, and beyond — poses immediate and enduring threats. Considering its foreign policy promise to defend democracy and human rights, the Biden administration does not have the luxury of ignoring what happens in Syria. Accepting that there are fewer options for the United States today than there were ten years ago does not mean normalizing the Assad regime or turning a blind eye to Russian and Iranian efforts to tip the balance of power in the region. In a new issue brief from the Atlantic Council’s Syria program, “What Choices Remain for the United States in Syria?,” Nate Rosenblatt and Jomana Qaddour describe the challenges the United States faces in Syria, including Russia’s attempt to expand the UN Strategic Framework as well the struggle to keep the UN humanitarian border crossings open in northern Syria. The memo then lays out the three potential strategies in Syria: one prioritizing the withdrawal of US forces, a second protecting humanitarian access and ensuring progress on limited, critical files, and a third maintaining US support for, as well as coordination with, partners to dial up the pressure on the Syrian government and its allies. The paper ultimately argues that the Biden administration should seize this opportunity to establish a clear strategy in Syria by aligning its defense, development, and diplomatic capabilities with those of its global allies and partners to shape a better outcome in Syria.
- Topic:
- Diplomacy, Human Rights, International Organization, Politics, United Nations, Syrian War, and Resilience
- Political Geography:
- Middle East, Syria, North America, and United States of America
44. A strategic framework for countering China’s human-rights violations in Xinjiang
- Author:
- Jeffrey Cimmino
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- China is engaged in a systematic campaign of repression against predominantly Muslim ethnic minorities in Xinjiang Uyghur Autonomous Region (XUAR) in northwest China. Through a combination of detention camps, mass surveillance, birth suppression, and other means, China is responsible for gross human-rights violations. In recent years, the international community has devoted an increasing amount of attention to China’s actions in Xinjiang. Earlier this year, the United States declared that Beijing’s behavior constituted genocide. More recently, the United States and several key partners announced multilateral sanctions on Chinese officials facilitating repression in the region. To build on these developments, the United States and its allies and partners should adopt a more strategic approach to addressing China’s human-rights abuses. This Issue Brief proposes a framework for such a strategy, articulating a multilateral approach for dealing with China’s repressive actions in Xinjiang. This Issue Brief argues that addressing China’s abuses in Xinjiang is of strategic importance. Ultimately, the goal of this strategy is to achieve an end state in which China has ceased its repressive activities; however, even if achieving this objective proves elusive, imposing costs on Beijing’s actions in Xinjiang can still serve broader strategic ends vis-a-vis China. China has chosen an assertive path to attaining global power and influence, and decades of economic growth and incorporation in the global economic system have not been enough to transform Beijing into a responsible stakeholder in a rules-based international system. The United States and its allies and partners will need to impose costs on Chinese behavior that violates international norms. Imposing costs on China’s human-rights violations in Xinjiang is a critical element of a broader strategy to dissuade Chinese Communist Party (CCP) behavior that undermines international norms and to push Beijing toward becoming a cooperative member of a rules-based international system.
- Topic:
- Human Rights, International Organization, Politics, Sanctions, Economy, and Uyghurs
- Political Geography:
- China, Asia, and Xinjiang
45. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants
- Author:
- Vasilis Papastergiou
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- Oxfam Publishing
- Abstract:
- Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
- Topic:
- Human Rights, Humanitarian Crisis, Detention, and Migrants
- Political Geography:
- Europe and Greece
46. The Color of Justice: Transitional Justice and the Legacy of Slavery and Racism in the United States
- Author:
- Virginie Ladisch and Anna Myriam Roccatello
- Publication Date:
- 04-2021
- Content Type:
- Policy Brief
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- This briefing paper makes the case for applying transitional justice approaches to dismantle systemic racism in the United States. The need to connect the dots between past and present abuses and affirm the humanity and dignity of Black people are central to all efforts to acknowledge victims and the violations they suffered, challenge the dominant historical narrative, repair harms, and reform broken systems. While the truth of the United States’ legacy of slavery and racism and its connections to present-day injustices are well documented in scholarly materials, they have not been acknowledged by the government or adequately integrated into the country’s collective narrative. Overcoming the dehumanization associated with persistent racial and socioeconomic subjugation requires a conscious and explicit government effort to denounce it and inform all citizens about how it occurred throughout US history. This includes acknowledgment and reparations. Reforms are also desperately needed in the criminal justice system, voting, housing, education, and health care. Drawing on comparative examples, this briefing argues that any meaningful changes to laws and policies or institutional reforms must be grounded in a recognition and understanding of the society’s past atrocities and its connection to present-day injustices, grievances, and violence. The United States finds itself in a moment of reckoning, as protests and public demands crack open the door to broader discussions on how to unravel the country’s legacies of slavery and white supremacy and reform institutions such the police and the criminal justice system. It should look to and learn from other countries that have undertaken efforts to address systemic human rights violations, provide reparations, and advance reforms. It is now time for the United States to apply transitional justice approaches domestically to at last reckon with its legacy of slavery and racism and build a more just future for the country and all its citizens.
- Topic:
- Human Rights, Reform, Slavery, Transitional Justice, Criminal Justice, Memory, Institutions, Racism, and Truth and Reconciliation
- Political Geography:
- North America and United States of America