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1. 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

2. The EU-Turkey Visa Liberalization Saga: Lessons from the European Neighborhood

Author:
Ioannis N. Grigoriadis and Ayşe Tuba Uslu
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This policy paper co-authored by Ioannis Grigoriadis, Senior Research Fellow of ELIAMEP and Head of its Turkey Programme, and Ayşe Tuba Uslu, Senior at the Department of International Relations of Bilkent University, lays out the main challenges for the successful conclusion of the Visa Liberalization Dialogue (VLD) between the European Union and Turkey. It examines the impact of democratic backsliding, the decline of the rule of law, fundamental rights and divergence in the legal framework regarding organized crime and anti-terrorism on the VLD and highlights the mistrust that has developed between the parties. Through a comparison between Ukrainian, Georgian, Moldovan and Turkish VLDs, it aims to highlight how the VLD could come to a successful conclusion.
Topic:
Human Rights, Migration, Rule of Law, Visa, and Liberalization
Political Geography:
Europe, Turkey, Ukraine, Moldova, Middle East, Georgia, and Mediterranean

3. To Be Served and Protected: Israeli Arab Citizens and the Police

Author:
Guy Ben-Porat
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Brown Journal of World Affairs
Institution:
Brown Journal of World Affairs
Abstract:
In January 2021, Prime Minister Benjamin Netanyahu paid a visit to Umm al-Fahm, an Arab city in the north of Israel. The visit, officially celebrating the country’s millionth COVID-19 vaccine recipient, also had a political purpose: winning the forthcoming elections in March 2021. For the first time, Netanyahu and the Likud party hoped to gain support from Israel’s Arab citizens. Among Netanyahu’s promises of economic betterment was a commitment to fight ris- ing crime and violence in Arab cities. He pledged “a comprehensive plan” with the primary goal of constructing more police stations “because a dense network of police stations creates more security.” Going further, he added that he “also want[ed] more intelligence, more officers, and more means [of enforcement].” Netanyahu declared himself “first and foremost committed to the rule of law and safety for citizens.”1
Topic:
Human Rights, Inequality, Citizenship, Rule of Law, and Police
Political Geography:
Middle East, Israel, and Palestine

4. Judicial Independence in Afghanistan: Legal Framework and Practical Challenges

Author:
Shoaib Timory
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
In a government with a separation of powers, independence is an indispensable feature of the judiciary. An independent judiciary gives credibility to political systems and is also the force behind reinforcing democracy and the rule of law. This watching brief briefly maps out the existing legal framework that ensures the independence of the judicial branch in Afghanistan and the reasons for the weak utilis ation of this feature which puts the judiciary in an uneven position compared to the other two branches of government. Moreover, the watching brief presents a set of recommendations for the enhancement of judicial independence in the country.
Topic:
Democracy, Rule of Law, Judiciary, and Independence
Political Geography:
Afghanistan and Middle East

5. Detecting the Ideological Position of Political Islam Towards Liberal Democracy in Muslim Countries

Author:
Nikola Gjorshoski and Goran Ilik
Publication Date:
01-2020
Content Type:
Working Paper
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The question of the correlation between Islam, political Islam, and liberal democracy has so far been the most exposed topic in exploring the democratic capacity of political Islam and Islamic societies in general. What is particularly intriguing about the relationship between political Islam and liberal democracy is the fact of its westernized triviality that has received a pejorative tone in Islamic political circles. Simplified, the triviality of liberal democracy for the Islamic political campus implies imposing a model of democracy that cannot be fully compatible with the original Muslim notion of society and government. Hence, the following paper analyzes exactly the relations of political Islam to specific inherent categories of liberal democracy such as the rule of law, representative government, the separation of powers, and secularism as diferenta specifica of liberal western democratic discourse. Through the methods of induction and deduction, the author will illustrate how appropriate tangent or divergence is illustrated and how this is reflected in the general ideological positioning of political Islam towards liberal democracy in Muslim countries through an axiological and praxeological perspective.
Topic:
Democracy, Rule of Law, Islamism, Liberalism, Secularism, and Sharia
Political Geography:
Middle East, North Africa, and Global Focus

6. Egypt’s Consolidated Authoritarianism

Author:
Amr Hamzawy
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
The current Egyptian political scene reveals an important paradox: since its ascendancy to power in 2013, the military-led authoritarian government has not faced significant challenges from civil society despite systematic hu- man rights abuses and continuous societal crises. Apart from limited protests by labor activists, student movements, and members of syndicates, Egyptians have mostly refrained from protesting, instead hoping that the government will improve their living conditions despite a rising poverty rate of 33 percent, an inflation rate between 11 and 12 percent, and unemployment at eight percent. This popular reluctance to challenge the authoritarian government has continued to shape Egypt’s reality since the collapse of the short-lived democratization process from 2011–2013.
Topic:
Authoritarianism, Democracy, Rule of Law, Protests, and Dictatorship
Political Geography:
Africa, Middle East, North Africa, and Egypt

7. The Law Behind Rule of Law Promotion in Fragile States: The Case of Afghanistan

Author:
Astrid Wiik and Frauke Lachenmann
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Rule of law (RoL) promotion has become a go-to-tool in the complex process of stabilizing and rebuilding (post-)conflict States. The process is driven by a heterogeneous group of national, foreign, and international actors who define and prescribe RoL norms and standards, who programme, finance, implement, and eventually monitor RoL reforms. While the legitimacy and effectiveness of RoL promotion has undergone scrutiny, particularly within the overall context of international development assistance, an aspect that has so far received little attention is the legality of RoL promotion. This concerns both the mandate of the various actors and the execution of RoL activities on the ground. Since 2001, the international community has intensely supported the RoL in Afghanistan rendering it a veritable testing ground for RoL promotion. The article explores the legal framework for actors in RoL promotion in Afghanistan from 2001 up to the present day, with a focus on the German Government, its development cooperation agencies, and private non-governmental organizations (NGOs). The article shows that while detailed rules bind the monitoring and evaluation of RoL activities in line with the existing international frameworks for development assistance, few laws and principles guide the programming and implementation of RoL promotion. The existing standards are generally too abstract to guide specific RoL promotion activities. Further concretization and harmonization is necessary in the interest of the sustainability of RoL promotion in Afghanistan – and elsewhere.
Topic:
International Law, Non State Actors, Governance, and Rule of Law
Political Geography:
Afghanistan and Middle East

8. The Assessment of EU Crisis Response in Afghanistan

Author:
Chona R. Echavez and Qayoom Suroush
Publication Date:
12-2017
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
The European Union with the Member States have been key donors for Afghanistan who have donated approximately EUR 8 billion for the period 2002-2010. With the collaboration of international partners, the EU took on a major role in the stabilisation and reconstruction efforts.1 After the overthrow of Taliban rule in 2001, the international community, along with various Afghan political elites, attended the UN conference in Bonn that resulted the Bonn Agreement to determine the establishment of the Afghan interim government and also the deployment of international military forces to aid the new administration in ensuring the security of Kabul and other provinces. The EU and its member states agreed to assist the government of Afghanistan in establishing a sturdy framework of the rule of law in the country
Topic:
Security, International Cooperation, Military Strategy, European Union, Rule of Law, and Crisis Management
Political Geography:
Afghanistan, Europe, and Middle East

9. Iraq’s Year of Rage

Author:
Mieczyslaw P. Boduszynski
Publication Date:
10-2016
Content Type:
Journal Article
Journal:
Journal of Democracy
Institution:
National Endowment for Democracy
Abstract:
Iraqis of all ethnic and sectarian groups are fed up with the ineptitude and corruption of their political leaders and the institutions they control. Since 2015, they have turned out in record numbers to protest against their political elite. The protests that unfolded in 2015 and 2016 have highlighted two failings of Iraq’s post-2003 “democratic” order: 1) the entrenchment of a corrupt “partyocracy” that has captured the state and deepened sectarian divisions, and 2) the weakness of state institutions and the absence of the rule of law that have encouraged widespread corruption and fostered broad popular distrust of the post-Saddam Iraqi state.
Topic:
Social Movement, Democracy, Rule of Law, Protests, and Diversity
Political Geography:
Iraq and Middle East

10. Hard Power versus Soft Power or a Balance between the Two?

Author:
Peter Volten
Publication Date:
07-2016
Content Type:
Journal Article
Journal:
All Azimuth: A Journal of Foreign Policy and Peace
Institution:
Center for Foreign Policy and Peace Research
Abstract:
Many things have changed in Turkey within the last decade, but also in Brussels as to the political practises. This commentary seeks to answer whether Turkey and the EU can find and maintain a sensible balance between toughness and empathy, between considerations of hard power and soft power. Turkey is obviously an essential, regional player both economically and militarily. Geopolitics may not appear high on the agenda of the EU, but the situation in the Middle-East simply could not and cannot be ignored as a geopolitical challenge, one that might beg for acting in concert with Turkey. On the other side, Europe represents an attraction and example based on a long history and struggle for material wealth, technological and scientific progress as well as for the accomplished degree of democracy and the rule of law. More recently, however, EU soft power suffers a number of setbacks. We disown our most basic values of soft power and will lose impact in promoting a just, democratic order in the world. If the EU and its member states fail to recover from this set-back, we risk to fall back in the hard power game, also with potential and aspiring states.
Topic:
Politics, European Union, Democracy, Geopolitics, Rule of Law, and Soft Power
Political Geography:
Europe, Turkey, Middle East, and Mediterranean