A Historical Context for the United Nations Convention on the Rights of the Child

The United Nations (UN) Convention on the Rights of the Child (CRC) was a by-product of international commitments to human rights, but its history lies in the complex and contradictory developments of the twentieth century, when elevated expectations regarding the welfare of children confronted the realities of war. In the late nineteenth century, material conditions and reform efforts redefined the lives of children in the Western world and created new sentiments about childhood and investments in children’s progress. World Wars I and II exposed children’s acute vulnerability and the myth of inevitable progress. After each of these wars, defining what was owed to children and how best to meet their needs was part of larger international negotiations regarding power and prestige. Throughout this period, the involvement of women, a new Swedish presence in international diplomacy, and the growing role of nongovernmental organizations (NGOs) affected what would become a rearticulation of child welfare and protection and a more active commitment to children’s rights.

American and European Responses to the Arab Spring: What’s the Big Idea?

The Arab countries straddle the lifelines of world trade. They link Europe to Asia and, with Iran, surround the Persian Gulf home to some 54 percent of global oil reserves. The region’s many international and domestic disputes, as well as restraints on political expression and human rights, have spawned extremism. In turn, the region’s endemic instability or perceived risk of instability has provided cover for some of the world’s most authoritarian and corrupt regimes. Until the turn of this year, the Arab countries had almost uniformly resisted the process of democratization that swept up other regions in recent decades. The series of popular revolts known as the Arab Spring, which began in Tunisia in the last weeks of 2010, has already wrought more change in six months than the region had seen in almost 60 years and there is more to come. Whether or not the Arab peoples’ aspirations for dignity and voice are fulfilled, and how smoothly transitions to democracy proceed, are not just great moral questions they will also determine the region’s stability and its economic prospects for decades to come. At the same time, getting on a path of sound economic growth will greatly enhance the chances that transitions to democracy succeed.

Still the Spectre at the Feast: Comparisons between Peacekeeping and Imperialism in Peacekeeping Studies Today

The sheer ambition and scale of UN peacebuilding today inevitably invokes comparison with historic practices of colonialism and imperialism, from critics and supporters of peacebuilding alike. The legitimacy of post-settlement peacebuilding is often seen to hinge on the question of the extent to which it transcends historic practices of imperialism. This article offers a critique of how these comparisons are made in the extant scholarship, and argues that supporters of peacekeeping deploy an under-theorized and historically one-sided view of imperialism. The article argues that the attempt to flatter peacebuilding by comparison with imperialism fails, and that the theory and history of imperialism still provide a rich resource for both the critique and conceptualization of peacekeeping practice. The article concludes by suggesting how new forms of imperial power can be projected through peacebuilding.

Multilateralism, Intervention and Norm Contestation: China’s Stance on Darfur in the UN Security Council

This article argues that an explanation of China’s stance on a possible international intervention in Darfur cannot eschew considering the wider context of the ongoing dialectics of normative change and contestation surrounding the progressive redefinition of norms of intervention since the early 1990s. It suggests that by emphasizing the need to respect Sudan’s sovereignty and the requirement that Sudan consent to an international intervention, China has sought to promote a return to more traditional forms of peacekeeping, as a way to oppose emerging interpretations of the norm of intervention, which it sees as a threat to its own security. Such an interpretation challenges the accusations of foot-dragging of which China has been the object. The hypothesis is tested by analysing China’s voting and declaratory record in the Security Council, and assessed against the country’s historical record on peacekeeping discussions in the Council. Embracing Finnemore’s argument that multilateral intervention represents the pillar of the post-Cold War international order, the article concludes by relating China’s norm-brokering effort to its asserted interest in reshaping the international system.

Votes and Violence: Evidence from a Field Experiment in Nigeria

Elections are now common in low-income societies. However, they are frequently flawed. We investigate a Nigerian election marred by violence. We designed and conducted a nationwide field experiment based on anti-violence campaigning. The campaign appealed to collective action through electoral participation, and worked through town meetings, popular theatres and door-to-door distribution of materials. We find that the campaign decreased violence perceptions and increased empowerment to counteract violence. We observe a rise in voter turnout and infer that the intimidation was dissociated from incumbents. These effects are accompanied by a reduction in the intensity of actual violence, as measured by journalists.

Greed and Grievance in Civil War

May 2000 Of the 27 major armed conflicts that occurred in 1999, all but two took place within national boundaries. As an impediment to development, internal rebellion especially hurts the world’s poorest countries. What motivates civil wars? Greed or grievance? Collier and Hoeffler compare two contrasting motivations for rebellion: greed and grievance. Most rebellions are ostensibly in pursuit of a cause, supported by a narrative of grievance. But since grievance assuagement through rebellion is a public good that a government will not supply, economists predict such rebellions would be rare. Empirically, many rebellions appear to be linked to the capture of resources (such as diamonds in Angola and Sierra Leone, drugs in Colombia, and timber in Cambodia). Collier and Hoeffler set up a simple rational choice model of greed-rebellion and contrast its predictions with those of a simple grievance model. Some countries return to conflict repeatedly. Are they conflict-prone or is there a feedback effect whereby conflict generates grievance, which in turn generates further conflict? The authors show why such a feedback effect might be present in both greed-motivated and grievance rebellions. The authors’ results contrast with conventional beliefs about the causes of conflict. A stylized version of conventional beliefs would be that grievance begets conflict, which begets grievance, which begets further conflict. With such a model, the only point at which to intervene is to reduce the level of objective grievance. Collier and Hoeffler’s model suggests that what actually happens is that opportunities for predation (controlling primary commodity exports) cause conflict and the grievances this generates induce dias-poras to finance further conflict. The point of policy intervention here is to reduce the absolute and relative attraction of primary commodity predation and to reduce the ability of diasporas to fund rebel movements. This paper – a product of the Development Research Group – is part of a larger effort in the group to study civil war and criminal violence

Breaking the Conflict Trap : Civil War and Development Policy

Most wars are now civil wars. Even though international wars attract enormous global attention, they have become infrequent and brief. Civil wars usually attract less attention, but they have become increasingly common and typically go on for years. This report argues that civil war is now an important issue for development. War retards development, but conversely, development retards war. This double causation gives rise to virtuous and vicious circles. Where development succeeds, countries become progressively safer from violent conflict, making subsequent development easier. Where development fails, countries are at high risk of becoming caught in a conflict trap in which war wrecks the economy and increases the risk of further war. The global incidence of civil war is high because the international community has done little to avert it. Inertia is rooted in two beliefs: that we can safely ‘let them fight it out among themselves’ and that ‘nothing can be done’ because civil war is driven by ancestral ethnic and religious hatreds. The purpose of this report is to challenge these beliefs.

Does Bosnia Need a Truth and Reconciliation Commission? Some Reflections on its Possible Design

There is increasing debate within the former Yugoslavia regarding the possible creation of a truth and reconciliation commission (TRC). The RECOM coalition, formed in 2008, is committed to the idea of a regional TRC. This article, however, argues that a regional approach to truth-seeking is premature at this stage and thus focuses on the national level—and specifically on Bosnia-Herzegovina (BiH). The article’s twofold objective is to explore whether BiH needs a TRC and, if so, what this TRC should look like. This is an empirical article that draws upon the author’s fieldwork at the International Criminal Tribunal for the former Yugoslavia, in BiH and in South Africa.

The use and limitations of conflict analysis: the case of the UNDP in the occupied Palestinian territory

The past two decades have seen international agencies pay closer attention to the relationship between conflict and development. An example of this is the UNDP and its conflict-related development analysis (CDA), which aims to identify the causes of conflict and design measures that will enhance development while reducing conflict. Through the case study of the CDA’s application in the occupied Palestinian territory, the article reveals its main limitations including an emphasis on conflict management (as opposed to conflict reduction), the choice of (neo-liberal) development model, prioritisation of particular partners over others (i.e. ‘state’ over non-state) and an erroneous assumption of neutrality. These have become manifested into the UNDP’s current programme for action which undermines its own stated objectives, to work ‘on’ the causes of conflict rather than ‘in’ or ‘around’ conflict. The UNDP’s experience therefore has important lessons for the use of conflict analysis and policy design elsewhere.

The Trauma of Truth Telling: Effects of Witnessing in the Rwandan Gacaca Courts on Psychological Health

Truth telling has come to play a pivotal role in postconflict reconciliation processes around the world. A common claim is that truth telling is healing and will lead to reconciliation. The present study applies recent psychological research to this issue by examining whether witnessing in the gacaca, the Rwandan village tribunals for truth and reconciliation after the 1994 genocide, was beneficial for psychological health. The results from the multistage, stratified cluster random survey of 1,200 Rwandans demonstrate that gacaca witnesses suffer from higher levels of depression and PTSD than do nonwitnesses, also when controlling for important predictors of psychological ill health. Furthermore, longer exposure to truth telling has not lowered the levels of psychological ill health, nor has the prevalence of depression and PTSD decreased over time. This study strongly challenges the claim that truth telling is healing and presents a novel understanding of the complexity of truth-telling processes in postconflict peace building.

Revisiting Un Peacekeeping in Rwanda and Sierra Leone

The end of the Cold War witnessed a plethora of new civil wars springing up across the world, particularly in sub-Saharan Africa. Marked by ethnic strife and multiple warring parties, many of these so-called “new wars” were accompanied by a mixture of humanitarian emergencies, large-scale human rights violations, the collapse of law and order, and the decay of functioning governments. In response to these challenges, the United Nations (UN) launched a series of new peacekeeping missions during the 1990s and early 2000s. The results of these missions were mixed, at best. Of course, the inability of the UN to bring about sustainable peace across conflict-ridden states was not entirely surprising considering the dire circumstances facing many of these missions. What is more remarkable is not that the UN failed miserably in so many of these missions but that, in a few cases, it actually succeeded in putting an end to violence, thus paving the way for sustainable peace.

Revenge and reprisal violence in Kosovo

One of the most often reported but under-studied phenomenon in post-conflict states is that of revenge violence. While such violence is widely acknowledged to occur after wars, it is often dismissed as epiphenomenal to the central problem of restoring order and good governance in the state. This paper seeks to refocus attention on this phenomenon and challenge the way that it is normally portrayed as a normal, almost incidental consequence of armed conflict. It develops an ideal-type distinction between revenge violence and its strategic mirror, reprisal violence. While revenge violence is premised on a judgement of individual responsibility for a prior act of harm, reprisal violence is driven by an assumption of collective guilt. This paper argues that these two types of violent activity—one expressive and the other strategic—are often intermixed in post-conflict states. Moreover, the interplay between them provides political cover for those who would employ violence to achieve strategic or political goals, while lowering the risks involved when doing so by attributing it to revenge for wartime atrocities. In effect, the fact that revenge and reprisal violence are mirror images of one another can serve to explain and subtly justify the use of organised violence against disadvantaged groups in post-conflict states. This paper examines the validity of this heuristic distinction through a within-case analysis of violence in Kosovo from 1999 to 2001 and identifies the policy consequences of this distinction.

World Development Report 2011 : Conflict, Security, and Development

The 2011 World development report looks across disciplines and experiences drawn from around the world to offer some ideas and practical recommendations on how to move beyond conflict and fragility and secure development. The key messages are important for all countries-low, middle, and high income-as well as for regional and global institutions: first, institutional legitimacy is the key to stability. When state institutions do not adequately protect citizens, guard against corruption, or provide access to justice; when markets do not provide job opportunities; or when communities have lost social cohesion-the likelihood of violent conflict increases. Second, investing in citizen security, justice, and jobs is essential to reducing violence. But there are major structural gaps in our collective capabilities to support these areas. Third, confronting this challenge effectively means that institutions need to change. International agencies and partners from other countries must adapt procedures so they can respond with agility and speed, a longer-term perspective, and greater staying power. Fourth, need to adopt a layered approach. Some problems can be addressed at the country level, but others need to be addressed at a regional level, such as developing markets that integrate insecure areas and pooling resources for building capacity Fifth, in adopting these approaches, need to be aware that the global landscape is changing. Regional institutions and middle income countries are playing a larger role. This means should pay more attention to south-south and south-north exchanges, and to the recent transition experiences of middle income countries.

The Conflict Analysis Framework (CAF) : Identifying Conflict-Related Obstacles to Development

The Conflict Analysis Framework (CAF), developed by the CPR Unit, aims to integrate sensitivity to conflict in Bank assistance, and to help Bank teams consider factors affecting both conflict and poverty when formulating development strategies, policies, and programs. Conflict sensitive approaches that take account of problem areas and potential sources of conflict may help to prevent the onset, exacerbation, or resurgence of violent conflict.

Colombia Essays on Conflict, Peace, and Development

A purpose of this book is to present recent World Bank analytical work on the causes of violence and conflict in Colombia, highlighting pilot lending programs oriented to promote peace and development. The Bank’s international experiences in post-conflict situations in different countries and their relevance for Colombia are also examined in this volume. The identification of socio-economic determinants of conflict, violence, and reforms for peace came about as a key element of the Bank’s assistance strategy for Colombia, defined in conjunction with government authorities and representatives of civil society. This report is organized as follows: After the introductory chapter, Chapter 2 provides a conceptual framework for understanding a broad spectrum of political, economic, and social violence issues; identifies the role played by both the country’s history and the unequal access to economic and political power in the outbreak and resilience of political violence; and examines as costs of violence the adverse impact on Colombia’s physical, natural, human, and social capital. Chapter 3 analyzes the costs of achieving peace and its fiscal implications; and indicates that exclusion and inequality rather than poverty as the main determinants of violence and armed conflict. Chapter 4 reviews the Bank’s experience in assisting countries that are experiencing, or have already overcome, domestic armed conflict. The authors illustrate the relevance of these cases for Colombia.

Assessment of Development Needs of Refugees and Internally Displaced Persons in Eastern Sudan

East Sudan has received a continuous influx of internally displaced persons (IDPs) and refugees over the last forty years. Mass influxes were witnessed during years when the region experienced natural catastrophes as droughts and floods, or an escalation of tensions and conflict in neighboring countries, mainly Eritrea and Ethiopia. Presently there is still a steady but smaller in numbers influx of refugees, mostly from Eritrea, but with an apparent change in their social composition and expectations. Present day internal population movements relate to more conventional forms of migration within Sudan, that is, households in search of work and economic opportunities. Still, the situation of the large number of IDPs that moved to the area over 15 years ago and are living in camps is precarious and needs urgent attention. Presently there are not the basic conditions required to provide a durable solution to the refugees in a protracted situation in eastern Sudan. To a large extent that also applies to IDPs with long permanence in camps; there are not conditions to achieve self-reliance by most of the displaced population given the situation of their locations in eastern Sudan in terms of natural environment and its capacity to support sustainable agriculture and other urban and rural economic activities. Within the overall mission of the World Bank, its strategic objective in contributing towards the durable solution of forced displacement situations is to bring the affected countries and displaced population back to the path of peace and development, enabling the application of pro-poor policies and fostering economic growth. Under these conditions, the World Bank will be in a better position to engage the affected countries through its regular operations.

The Transitions of Transitional Justice: Mapping the Waves From Promise to Practice

Transitional justice is facing a kind of inverted “paradox of success”: The less effective its mechanisms seem to be in their efforts to build democracy and peace, the more we are demanding from them. This article chronicles the intellectual evolution of the field and its current efforts to address what are perceived to be the conceptual shortcomings of the approach. In doing so, it shows that to overcome its perceived limitations, and measure more precisely the effectiveness of its mechanisms, scholars are looking outside the paradigm to address how transitional justice may be more successful and lasting in repairing and restoring states and societies wrought with violence and human rights abuses. In mapping out the “transitions” of transitional justice and contemporary efforts to move the field forward, I argue that to better understand its effectiveness, we need to examine its impact on not only the short-term tensions of addressing victims’ claims but also on the long-term goals of creating conditions that secure the peace and prosperity of peoples.

Gender, conflict, and peace-building: how conflict can catalyse positive change for women

Although modern-day armed conflict is horrific for women, recent conflict and postconflict periods have provided women with new platforms and opportunities to bring about change. The roles of women alter and expand during conflict as they participate in the struggles and take on more economic responsibilities and duties as heads of households. The trauma of the conflict experience also provides an opportunity for women to come together with a common agenda. In some contexts, these changes have led women to become activists, advocating for peace and long-term transformation in their societies. This article explores how women have seized on the opportunities available to them to drive this advocacy forward: including the establishment of an international framework on women, peace, and security that includes United Nations Security Council Resolution 1325 and other international agreements and commitments to involving women in post-conflict peace-building. The article is based on onthe-ground research and capacity-building activities carried out in the Great Lakes Region of Africa on the integration of international standards on gender equality and women’s rights into post-conflict legal systems.

After War then Peace: The US-based Liberian Diaspora as Peace-building Norm Entrepreneurs

The US-based Liberian diaspora’s role in the country’s 14-year civil war and its aftermath is paradoxical. Consistent with existing literature on the role of diasporas in conflict, the group largely played a role contributing to the outbreak of the Civil War and its continuation. However, in a paradigmatic shift, the group is currently contributing towards the peace-building process by serving as norm entrepreneurs. Factors that have contributed to this shift include a strong demand in the homeland for a change in the ‘rules of the game’, a shift in US foreign policy towards promotion of democracy in Africa, and a concerted regional and international effort at promoting peace-building norms. The inclusiveness of the mechanisms for norm transfer, the conduct of the messengers and local perception of norms, affect the degree to which they are well received.

Civil War, Reintegration, and Gender in Northern Uganda

What are the impacts of war on the participants, and do they vary by gender? Are ex-combatants damaged pariahs who threaten social stability, as some fear? Existing theory and evidence are both inconclusive and focused on males. New data and a tragic natural quasi-experiment in Uganda allow us to estimate the impacts of war on both genders, and assess how war experiences affect reintegration success. As expected, violence drives social and psychological problems, especially among females. Unexpectedly, however, most women returning from armed groups reintegrate socially and are resilient. Partly for this reason, postconflict hostility is low. Theories that war conditions youth into violence find little support. Finally, the findings confirm a human capital view of recruitment: economic gaps are driven by time away from civilian education and labor markets. Unlike males, however, females have few civilian opportunities and so they see little adverse economic impact of recruitment.

Transnational Feminism and Norm Diffusion in Peace Processes: The Cases of Burundi and Northern Ireland

This essay offers an explanation for how and why women’s rights are included in contemporary peace agreements. I identify six causal mechanisms by which women secured participation and women’s rights in the peace processes of Burundi (1998–2000) and Northern Ireland (1996–98). First, violent conflict and peace talks produce the conditions of ‘grievance’ and ‘optimism’ necessary for social movement mobilization. Second, women use ‘procedural grafting’ to demand inclusion in peace processes. Third, they use ‘strategic essentialism’ to overcome the ethno-political divisions of the conflict. Fourth, women call upon relevant practices used in peace processes of the Global South. Fifth, high-level actors may influence peace processes to further international objectives. Sixth, women’s involvement with transnational feminist networks facilitates the reproduction of international human rights language.

Migration, Remittances, and Children’s Schooling in Haiti

In this paper, we focus on the use of remittances to school children remaining in migrant communities in Haiti. After addressing the endogeneity of remittance receipt, we find that remittances raise school attendance for all children in some communities regardless of whether they have household members abroad or not; however, in other communities, we only observe this effect among children living in households that do not experience any family out-migration. Our finding underscores the simultaneous and opposing impacts of household out-migration and remittance receipt on children’s schooling. While the receipt of remittances by the household lifts budget constraints and raises the children’s likelihood of being schooled, the disruptive effect of household out-migration imposes an economic burden on the remaining household members and reduces their likelihood of being schooled. As such, remittances ameliorate the negative disruptive effect of household out-migration on children’s schooling and, given the substantial costs of schooling in Haiti, contribute to the accumulation of human capital in the midst of extreme poverty.

The Revolution Will Not Be Tweeted

Judging by the popular press, in January 2011 Twitter and Facebook went from being simply engaging social diversions to become engines of political change that upended decades of Arab authoritarianism. It is tempting to be swept away by this narrative, which suggests that social media prompted hundreds of thousands, and then millions, of Tunisians and Egyptians to pour into the streets and peacefully demand change. Brittle authoritarian regimes had little choice but to comply, and in this way, social media irrevocably changed the future of the Middle East. Following the logic to its conclusion, it would suggest that the Middle East is on the brink of a period of democratic consolidation, as the ideals and tools of revolutionaries lead the region forward into a period of anti-sectarianism, liberalism, and hope.

Peacekeepers and Prostitutes: How Deployed Forces Fuel the Demand for Trafficked Women and New Hope for Stopping It

On numerous occasions in the past fifteen years, U.N. peacekeepers have been accused of sexually assaulting or abusing the populations they serve. A Comprehensive Review of peacekeeper misconduct completed in 2005 identified significant problems and recommended numerous changes to address them. The U.S. Army and NATO, in a response to the possibility that their deployed troops will be engaged in or facilitate human trafficking, have enacted new policies intended to remove their troops from the demand for women trafficked for sexual services. The Department of Defense and NATO initiatives are similar to those being considered by the United Nations for preventing sexual misconduct by its peacekeepers. Because the United States, NATO, and the United Nations are all addressing the problems of sexual misconduct by deployed troops, their efforts should be mutually reinforcing. The examples of American and NATO armed forces offer hope that the United Nations will also enact strong measures to prevent future misconduct by its peacekeepers.

Equality Matters: Negotiating an End to Civil Wars

This article explores relationships between procedural justice (PJ) in the negotiation process, distributive justice (DJ) in the terms of negotiated agreements, and their durability in cases of civil war. Adherence to PJ principles was found to correlate strongly with agreements based specifically on the DJ principle of equality. Agreements were also found to be more durable when based on equality, but not when based on other DJ principles. The equality principle accounted for the relationship between PJ and durability irrespective of differences between the parties in power. Further examination suggested that two types of equality in particular—equal treatment and equal shares—were associated with forward-looking agreements and high durability. The findings suggest that durability is served by including equality in the terms of agreements, and that PJ helps (but does not guarantee) achieving such agreements.

Reparations and Reconciliation in the Aftermath of Civil War

Both international legal principles and much of the literature on transitional justice support the provision of reparations as a necessary component of justice in postconflict societies. According to the UN Basic Principles and Guidelines (United Nations 2005: para. IX), “adequate, effective and prompt reparation is intended to promote justice by redressing gross violations of international human rights law or serious violations of international humanitarian law.” However, few scholarly studies have looked systematically at victims’ views of the importance of various forms of reparations in providing justice. Using individual-level data collected in the aftermath of the civil war in Nepal, we investigate people’s perceptions of the importance of various forms of reparations that appear in the UN Basic Principles and Guidelines and that have been offered in transitional justice processes. The findings suggest that compensation for losses, along with punishment of perpetrators, are viewed as being more important to providing justice for individuals than other forms of reparations, regardless of the type of grievance(s) suffered.

The Future of Security Sector Reform

This edited volume accumulates more than a decade’s worth of lessons learned and best practices on SSR.  The book is divided into three parts:  The first part on the ‘origins and evolution of the SSR concept’ charts the development of SSR over the past decade and details the variety of approaches to it that have emerged in that period.  The second part, “from concept to context: the implementation of SSR’ shifts from analyzing wider trends in the concept’s development to the practical challenges surrounding its application in the field.  The third part of the book identifies and breaks down the myriad challenges that confront SSR program, with the issues of local ownership and civil society engagement chief among them.  Chapters on gender, human rights, financing, the private sector, coordination and sequencing are also included.

The Gendered Dimensions of Conflict’s Aftermath: A Victim-Centered Approach to Compensation

In this essay, we first identify the ways in which women’s interests are disregarded and sacrificed as peace agreements are reached, criminal courts and tribunals are established, and relief efforts are planned. Incorporating reports from nongovernmental organizations (NGOs), the UN, and news accounts, we assess the ethical problems with what might be called a ‘‘perpetrator-centered’’ approach to coping with conflict’s aftermath that exacerbates and prolongs women’s suffering. Not only do conventional trial procedures dismiss the victims’ trauma and needs as secondary to the process of adjudicating the question of the perpetrator’s guilt, but many also privilege the right of the accused to confront and question the victims over the additional suffering the victims must endure in giving testimony. After delineating the gendered effects of conflict, we then study the operation of compensation boards following recent conflicts. Even in those instances in which rape has been specifically identified and prosecuted as a war crime, existing structures fail to provide significant relief to female victims, as they neglect the underlying social, cultural, and economic practices that reinforce patriarchal systems, and thus hold women accountable for their own victimization; the traditional legalistic models that are typically employed in peace settlements and tribunals simply fail to meet the needs of the victims. Finally, in response to the limitations of peace agreements and tribunals in addressing human suffering, we identify an alternative model for conducting such negotiations and for securing restitution to the victims of wartime abuses and their effects—a ‘‘victim-centered’’ approach to war crimes adjudication and compensation procedures.

Human Rights and Nation-Building in Cross-Cultural Settings

Values are preferred events, “goods” we cherish; and the value of respect, “conceived as the reciprocal honoring of freedom of choice about participation in value processes,” is “the core value of human rights.” In a world of diverse cultural traditions that is simultaneously distinguished by the widespread universalist claim that “human rights extend in theory to every person on earth without discriminations irrelevant to merit,” the question thus unavoidably arises: when, in human rights decision-making, are cultural differences to be respected and when are they not? The question arises early in the nation-building enterprise where demands to preserve cultural traditions clash with demands to adhere to universal (and largely external) human rights standards.

Briefing: Liberia’s Experiment With Transitional Justice

Last June, Libera’s Truth and Reconciliation Commission (TRC) threw a live wire into the ranks of the country’s post-war establishment. Having gathered more than 20,000 statements and examined many scores of witnesses, the Commission handed down a Final Report recommending that 98 people be prosecuted for violations of international humanitarian law and war crimes committed during Liberia’s civil war. Among those named were several sitting members of the country’s legislature, a number of prominent businessmen and public officials, and a professor at the University of Liberia.1 In the Liberian capital, Monrovia, a group of men recommended for prosecution by the TRC called a press conference at which they warned ominously that the Report threatened to return Liberia to war. Several of the Commissioners received death threats, some on their cell phones, others in notes hand-delivered to their homes. At least two Commissioners went into hiding. It was not only among former warlords that the TRC’s Final Report caused displeasure. In addition to the list of those recommended for prosecution, the Final Report went on to recommend that a further 50 people be barred from public office for 30 years on account of the support they gave to warring factions. Included on this list was the country’s feted president, Ellen Johnson-Sirleaf, an icon of the international women’s movement and a widely lauded exemplar of good governance and civility.

Ending Civil Wars: The Success and Failure of Negotiated Settlements in Civil War

Based on the study of every internationally negotiated civil war settlement between 1980 and 1998, this volume presents the most comprehensive effort to date to evaluate the role of international actors in peace implementation. It looks into promises made by combatants in peace agreements and examines when and why those promises are fulfilled. The authors differentiate between conflicts, showing why Guatemala is not Bosnia, and why strategies that succeed in benign environments fail in more challenging ones. Going beyond attributing implementation failures to a lack of political will, the volume argues that an absence of political will reflects the judgment of major powers of the absence of vital security interests. Overall, the authors emphasize that implementers must tailor their strategies and give priority to certain tasks in implementation, such as demobilizing soldiers and demilitarizing politics, to achieve success.

Securitization of HIV/AIDS in Context: Gendered Vulnerability in Burundi

In this article, it is argued that concerns about the impact of HIV/AIDS on national and international security do not adequately address the ways in which people, particularly women, are made vulnerable to HIV/AIDS in conflicts. In fact, policies inspired by the security framing of HIV/AIDS can engender new vulnerabilities in post-conflict contexts. The article analyses the ways in which gender relations create vulnerabilities for various groups when such relations are put under pressure during periods of conflict. Drawing on research conducted in Burundi, the article argues that postulated links between security and HIV/AIDS fail to take into account the vulnerability structures that exist in societies, the ways in which these are instrumentalized during conflict and in post-conflict contexts, and how they are also maintained and changed as a result of people’s experiences during conflict.

Just and Unjust Postwar Reconstruction: How Much External Interference Can Be Justified?

This article seeks to reconcile a fundamental normative tension that underlies most international reconstruction efforts in war-torn societies: on the one hand, substantial outside interference in the domestic affairs of such societies may seem desirable to secure political stability, set up inclusive governance structures, and protect basic human rights; on the other hand, such interference is inherently paternalistic—and thus problematic—since it limits the policy options and broader freedom of maneuver of domestic political actors. I argue that for paternalistic interference in foreign countries to be justified, it needs to be strictly proportional to domestic impediments to self-government and basic rights protection. Based on this claim, I model different degrees of interference that are admissible at particular stages of the postwar reconstruction process. Extrapolating from John Rawls’s Law of Peoples, I suggest that full-scale international trusteeship can be justified only so long as conditions on the ground remain “outlaw”—that is, so long as security remains volatile and basic rights, including the right to life, are systematically threatened. Once basic security has been reestablished, a lower degree of interference continues to be justified, until new domestic governance structures become entirely self-sustaining. During this second phase of postwar reconstruction, external actors ideally ought to share responsibility for law-enforcement and administration with domestic authorities, which implies in practice that domestic and international officials should jointly approve all major decisions. I discuss various approximations of such shared responsibility in recent international peace operations and speculate about how best to ensure a timely transition toward full domestic ownership.

Principal-Agent Problems in Humanitarian Intervention: Moral Hazards, Adverse Selection, and the Commitment Dilemma

A number of recent studies have concluded that humanitarian intervention can produce unintended consequences that reduce or completely undermine conflict management efforts. Some analysts have argued that the incentive structure produced by third parties is a form of moral hazard. This paper evaluates the utility of moral hazard theory and a second type of principal-agent problem known as adverse selection. Whereas moral hazards occur when an insured party has an opportunity to take hidden action once a contract is in effect, adverse selection is the result of asymmetric information prior to entering into a contract. Failing to distinguish between these two types of principal-agent problems may lead to policy advice that is irrelevant or potentially harmful. Along with introducing the concept of adverse selection to the debate on humanitarian intervention, this study identifies a commitment dilemma that explains why third parties operating in weakly institutionalized environments may be unable to punish groups that take advantage of intervention.

Invoking the Rule of Law in Post-Conflict Rebuilding: A Critical Examination

Establishing the rule of law is increasingly seen as the panacea for all the problems that afflict many non-Western countries, particularly in post- conflict settings… This Article argues that this newfound fascination with the rule of law is misplaced… This Article proceeds as follows: Part I traces the historical origins of the links among security, development, and human rights discourses since World War II and identifies some recurring themes, despite real differences among them. Part I also points out the ways in which the lines among these discourses began blurring since the 1970s and during the post-Cold War period, especially in the context of peace operations. Part II discusses the convergence between the human rights and rule of law discourses in the post-Cold War period, but also points out the continuing differences between the two. Part III examines the meaning of the rule of law in the context of development and finds that the rule of law is no substitute for human rights. Part III also questions whether the rule of law is even a key requirement for successful economic growth. Part IV examines the meaning of the rule of law in the context of security and finds that reliance on this concept cannot hide the more fundamental question of legitimacy in the post-9/11 world. In the field of security, it would not be prudent to lessen the reliance on the discourse of human rights for the fuzzier discourse on the rule of law. The Conclusion then offers some reflections on the lessons that have been learned about how best to capture the synergy that may exist between different fields of international interventions in the security, development, and human rights policy domains.

An Ethic of Political Reconciliation

Together, the recent entry of reconciliation into the politics of peace building and the ancient presence of reconciliation as a concept in religious traditions create potential for, but also leave undeveloped, an ethic of political reconciliation. This ethic would derive a set of concrete guidelines for recovering political orders from philosophical and theological fundamentals. An outline of such an ethic is what I propose here.

The Bullet in the Living Room: Linking Security and Development in a Colombo Neighbourhood

This article investigates the security–development nexus through a study of local experiences in a neighbourhood in Sri Lanka’s capital Colombo. As the Sri Lankan state struggles to secure ‘the nation’ from ‘terrorism’, and to develop it towards a twin vision of modernization and return to a glorious past, large parts of the population in Colombo 15 remain at the margins of this ‘nation’. They are ethnic and religious minorities, forgotten tsunami victims, terrorist suspects and unauthorized dwellers – those often depicted as threats to, rather than subjects of, ‘security’ and ‘development’. This study reveals that the security–development nexus constitutes a complex web of linkages between factors related to housing, income, tsunami reconstruction, party politics, crime, political violence and counter-violence, social relations, and religious beliefs and rituals. People’s perceptions of and opportunities to pursue security/development are intimately linked to their position as dominant or marginalized within ‘the nation’, ‘the community’ and ‘the family’. ‘Security’ and ‘development’ issues are mutually reinforcing at times, but just as often undermine each other, forcing people to make tough choices between different types of security/development.

Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers

United Nations (UN) peacekeeping operations have been increasingly deployed in many crisis contexts. The practice has been established by the UN to ensure peace and protect victims of different types of armed conflict. Unfortunately, during the past ten years, several cases of serious human rights violations committed by peacekeepers against people who should be protected by them have emerged. The UN has gone through a widespread analysis of the issues involved, from the managerial, administrative and legal points of view. The 2005 Zeid Report has provided the basis for further action within the UN system. Since then, several policy and legal measures have been discussed by relevant UN bodies and organs, and some new developments have taken place. This article offers an account and an analysis of the different steps taken within the UN to face difficult cases of misbehaviour, including human rights violations, which may lead to forms of criminal conduct. It takes into consideration the suggestions provided by the Zeid Report and subsequent UN documents. It focuses on legal developments and discusses the main problems in understanding the legal complexity of this phenomenon. The article includes updated documents and proposals that have been discussed and adopted until the most recent reports in 2009.

Rule of Law and Human Rights Protections through Criminal Law Reform: Model Codes for Post-conflict Criminal Justice

This article examines the inter-relationship between the rule of law, criminal law reform and international human rights norms and standards in post-conflict societies from a theoretical as well as a practical perspective. In several peace operations, both national and international actors have faced significant challenges in reforming the domestic criminal law framework. Reflecting upon these challenges, many practitioners have called for the creation of law reform tools. With the aim of providing such tools, the Model Codes for Post-conflict Criminal Justice Project has developed a set of model criminal laws. The model codes have been drafted in a manner that is fully compliant with international human rights norms and standards in the field of criminal proceedings. The article discusses how such model codes may meaningfully contribute to domestic criminal law reform efforts, not as a panacea but a start for enhanced human rights protection in post-conflict states.

The African Union’s Foray into Peacekeeping: Lessons from the Hybrid Mission in Darfur

The African Union (AU) was officially inaugurated on July 2002, and a year later it had already deployed its first peace operation in Burundi. The AU subsequently deployed peacekeeping missions in Darfur, in 2004, and in Somalia, in 2007. This article will examine the AUs foray into peacekeeping which appears to have been hasty, erratic, and not carefully planned. The article will also assess the extent to which what the AU has been doing can be defined as peacekeeping using the Brahimi Criterion for the deployment of operations. The article will briefly assess the AUs operations in Burundi and Somalia before focusing on the joint AU-United Nations (UN) hybrid mission in Darfur. The article examine whether the hybrid mission represents a paradigm shift in peacekeeping, based on the way that it was launched and how it is currently operated. The article examines whether the hybrid mission fulfils the Brahimi Criterion, and whether it can serve as a model for future peacekeeping operations in Africa. The article concludes that the AU has a better chance of success when it undertakes a concise and focused operation with a clear mandate and the modicum of logistics to ensure its effective implementation, as demonstrated by its experiences in Burundi. The AUs efforts in Somalia has left it mired in an open-ended complex emergency with no easy remedy. The organisations joint effort with the UN in Darfur is similarly constrained by the absence of a peace to keep. The hybrid mission therefore falls short of the Brahimi Criterion and suggest that UN intervention following an initial AU peace operation is not necessarily a panacea to the continents peacekeeping challenges.

Problematic Potential: The Human Rights Consequences of Peacekeeping Interventions in Civil Wars

Does peacekeeping intervention improve the human rights situation in states with a history of civil war? While this question has received a myriad of attention and debate within the human rights community, there have been relatively few studies that attempt to answer this question. Examining the characteristics of peacekeeping following civil war from 1980 to 2004, this article finds that peacekeeping can both encourage and undermine respect for human rights. Specifically, the mission and activities of peacekeepers matter. These findings support the human rights community’s stance that peacekeeping can be problematic but holds promise for human rights in post-conflict states.

Conflict Prevention and Peace-building in Post-War Societies: Sustaining the Peace

This volume provides an overview of the costs, benefits, consequences, and prospects for rebuilding nations emerging from violent conflict. The rationale for this comes from the growing realization that, in the post-Cold War era and in the aftermath of 9/11, our understanding of conflict and conflict resolution has to include consideration of the conditions conducive to sustaining the peace in nations torn by civil war or interstate conflict. The chapters analyze the prospects for building a sustainable peace from a number of different perspectives, examining: the role of economic development; democratization; respect for human rights; the potential for renewal of conflict; the United Nations; and other critical topics. In an age when ‘nation-building’ is once again on the international agenda, and scholars as well as policy makers realize both the tremendous costs and benefits in fostering developed, democratic, peaceful and secure nations, the time has truly come for a book that integrates all the facets of this important subject.

The Liberal Peace and Post-War Reconstruction: Myth or Reality?

The post-Cold War has witnessed enormous levels of western peacekeeping, peacemaking and reconstruction intervention in societies emerging from war. These western-led interventions are often called ‘liberal peacebuilding’ or ‘liberal interventionism’, or statebuilding, and have attracted considerable controversy. In this study, leading proponents and critics of the liberal peace and contemporary post-war reconstruction assess the role of the United States, European Union and other actors in the promotion of the liberal peace, and of peace more generally. Key issues, including transitional justice and the acceptance/rejection of the liberal peace in African states are also considered. The failings of the liberal peace (most notably in Iraq and Afghanistan, but also in other locations) have prompted a growing body of critical literature on the motivations, mechanics and consequences of the liberal peace. This volume brings together key protagonists from both sides of the debate to produce a cutting edge, state of the art discussion of one the main trends in contemporary international relations.

Negotiating the Right of Return

Negotiating the right of return is a central issue in post-conflict societies aiming to resolve tensions between human rights issues and security concerns. Peace proposals often fail to carefully balance these tensions or to identify incentives and linkages that enable refugee return. To address this gap, the article puts forward an alternative arrangement in negotiating refugee rights currently being considered in the bilateral negotiations in Cyprus. Previous peace plans for the reunification of the island emphasized primarily Turkish Cypriot security and stipulated a maximum number of Greek Cypriot refugees eligible to return under future Turkish Cypriot administration. The authors’ alternative suggests a minimum threshold of Greek Cypriots refugees plus self-adjustable incentives for the Turkish Cypriot community to accept the rest. The article reviews different options including linking actual numbers of returnees with naturalizations for Turkish settlers or immigrants, Turkey’s EU-accession, and territorial re-adjustments across the federal border. In this proposed formula, the Greek Cypriot side would reserve concessions until refugee return takes place, while the Turkish Cypriot community would be demographically secure under all scenarios by means of re-adjustable naturalization and immigration quotas. Drawing parallels with comparable cases, the article emphasizes the importance of making reciprocity and linkages explicit in post-conflict societies.

Transitional Justice and Peacebuilding after Mass Violence

Since the end of the Cold War, the international community has become increasingly involved in peacebuilding and transitional justice after mass violence. This article uses lessons from practical experience and theories of peacebuilding and transitional justice to develop a model of transformative justice that supports sustainable peacebuilding. This model is holistic and transdisciplinary and proposes a focus on civil society participation in the design and implementation of transitional justice mechanisms. It requires us to rethink our focus on ‘transition’ as an interim process that links the past and the future, and to shift it to ‘transformation,’ which implies long-term, sustainable processes embedded in society and adoption of psychosocial, political and economic, as well as legal, perspectives on justice. It also involves identifying, understanding and including, where appropriate, the various cultural approaches to justice that coexist with the dominant western worldview and practice. Asyncretic approach to reconciling restorative and retributive justice is proposed as a contribution to developing transformative justice and sustainable peacebuilding. The development of this transformative justicemodel is informed by field research conducted in Cambodia, Rwanda, East Timor and Sierra Leone on the views and experiences of conflict participants in relation to transitional justice and peacebuilding.

The Mad Scramble of Congress, Lawyers, and Law Students After Abu Ghraib: The Rush to Bring Private Military Contractors to Justice

After the Abu Ghraib abuse became public, Congress and the world decried the actions of the military police, resulting in the prosecution of several military personnel. The military police, however, had accomplices in the abuse. Private military contractors accounted for one-third of the abuses at Abu Ghraib. Yet, none of those private military contractors ever faced criminal prosecution for their role in the abuse. The lack of prosecution gave way to a mad scramble. Congress, lawyers, and law students introduced solutions on how to bring private military contractors to justice. Nonetheless, private military contractors continue to commit crimes without any criminal prosecution. This lack of prosecution came to light again after a September 16, 2007 incident in which contractors for Blackwater allegedly fired at innocent Iraqi civilians. The incident angered the Iraqi government and the House of Representatives went on yet another mad scramble to ensure that, in the future, private military contractors will face criminal prosecution. Part II of this article describes the impetus behind the initial mad scramble after Abu Ghraib. Part III analyzes the congressional solution that resulted from the initial mad scramble, the Military Extraterritorial Jurisdiction Act (“MEJA”). Part III also discusses reasons why MEJA will fail to withstand judicial scrutiny and argues that further congressional response will suffer the same fate. Part IV describes the other congressional solution, court-martial, and why it also fails as a viable solution. Part V analyzes the other proposed solutions to bring private military contractors to justice and describes why they will not work. Part VI discusses a proposed solution that addresses the shortcomings of current congressional approaches.

Between the Hammer and the Anvil: Post-conflict Reconstruction, Islam and Women’s Rights

This paper argues that gender issues are becoming politicised in novel and counterproductive ways in contexts where armed interventions usher in new blueprints for governance and democratisation. Using illustrations from constitutional and electoral processes in Afghanistan and Iraq, it analyses how the nature of emerging political settlements in environments of high risk and insecurity may jeopardise stated international commitments to a women’s rights agenda. The disjuncture between stated aims and observed outcomes becomes particularly acute in contexts where security and the rule of law are severely compromised, where Islam becomes a stake in power struggles among contending factions and where ethnic/sectarian constituencies are locked in struggles of representation in defence of their collective rights.

Civil War and the Rule of Law: Security, Development, Human Rights

How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development? This book addresses these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities.

Obstacles Within the International Community: The Exercise of Afghan Women’s Agency for Peace in Post-Conflict Reconstruction

Under the Taliban’s draconian interpretation of Shari’a law, Afghan women were forced from public life and publicly executed for minor infractions. Yet, in just over two years since the Taliban fell, the women of Afghanistan have entered the political arena and successfully pressed for specific language in the Afghan constitution enshrining women’s rights as human rights. From being the most oppressed women in the world to enjoying the promise of more seats in Parliament than many Western nations, Afghan women have clearly made gigantic strides in their quest for peace and security. Their remarkable progress, however, is overshadowed by the current unstable security situation in Afghanistan and the lack of international political and military assistance which are needed to consolidate the successes that the Afghan women have realized. How has this seemingly rapid transformation of Afghan women occurred? The answer may partially lie in the concept of development as freedom put forth by Amartya Sen in his 1999 book, Development as Freedom …In his view, people are not simply human capital to be considered only as one part of three in an economic equation for development, but people-liberated from ‘unfreedoms’ such as poverty and illiteracy-who can build capacity through their own agency as the Afghan women have done.

Wartime Sexual Violence: Assessing a Human Security Response to War-Affected Girls in Sierra Leone

Wartime sexual violence continues to be widespread and systematic in contemporary conflicts. Although the problem is gaining increasing international attention, it has remained, for the most part, peripheral within the domain of security studies. However, the human security agenda may have the capacity to raise the profile of wartime sexual violence and offer a useful framework from which to understand and respond to the unique needs of war-affected girls and women. This article explores the capacity of the human security agenda, both conceptually and practically, to address the plight of girl victims of sexual violence in the aftermath of Sierra Leone’s conflict. Drawing upon the perspectives and experiences of three girls formerly associated with Sierra Leone’s Revolutionary United Front, the article traces the extreme forms of sexual violence and insecurity girls were forced to endure, both during and following the conflict. It also examines a number of human security efforts implemented in the conflict’s aftermath and their impact on the level of empowerment, protection and security of girls. The broader implications of these human security efforts are explored in light of the girls’ lived realities in post-conflict Sierra Leone.

Divided Nations: The Paradox of National Protection

Internal displacement, which in many cases leads to refuge across international borders, has emerged as one of the major crises confronting the world today. The assumption, clearly erroneous, is that unlike refugees, who have lost the protection of their own governments by crossing international borders, the internally displaced remain under the protection of their national governments. In most cases, these same governments are actually the cause of their displacement, and worse—they neglect and even persecute them. This article aims to develop a new international response to the global crisis of internal displacement in acutely divided nations. It suggests the problem is more than a humanitarian and human rights issue; the underlying causes have much to do with gross inequities in the shaping and sharing of values and the gross discrimination and marginalization of certain groups. Citizenship becomes largely of paper value. The crisis is ultimately a challenge of nation building.

Humanitarianism Sacrificed: Integration’s False Promise

In recent years, there have been concerted efforts to ensure that the different components of the international response to crisis-affected countries, whether conducted under the banner of the United Nations or not, are integrated in pursuit of a stated goal of comprehensive, durable, and just resolution of conflict. This includes a drive to purposefully make humanitarian assistance to victims, one of the principal forms of outside involvement in crisis situations, supportive of the “international community’s” political ambition. The implication of the coherence agenda is that meeting lifesaving needs is too limited in scope, and that the principles of impartiality, neutrality, and independence that have typically characterized humanitarian action should be set aside in order to harness aid to the “higher” goals of peace, security, and development.

Liberia’s Post-War Recovery: Key Issues and Developments

This report, which is updated as events warrant, covers recent events in Liberia, a small, poor West African country. It held elections in October 2005, with a presidential runoff in November, a key step in a peace-building process following its second civil war in a decade. That war began in 1999, escalated in 2000, and ended in 2003. It pitted the forces of Charles Taylor, elected president in 1997 after Liberia’s first civil war (1989-1997), against two armed anti-Taylor rebel groups. It also destabilized neighboring states, which accepted Liberian refugees and, in some cases, hosted anti-Taylor forces and became targets of the Taylor regime.

The Role of Women in Stabilization and Reconstruction

It is widely recognized that women and young people are primary victims of conflict. During war, women are displaced, subjected to sexual violence and HIV/AIDS by fighting forces, and assume the caretaking role for children and the elderly. They are vulnerable to exploitation, abuse, sexual slavery, disease, and forced recruitment into armed groups. Yet as the survivors of violent conflict, women also bear the burden of reconstruction. They return to destroyed communities and begin the process of rebuilding infrastructure; restoring and developing traditions, laws, and customs; and repairing relationships. In government and through civil society, women worldwide are contributing to all pillars of stabilization and reconstruction operations: security, governance, justice and reconciliation, and socioeconomic development. Indeed, their leadership in the transition period can serve as a window of opportunity to empower women, promote gender equality, advance women’s position in society, and bring wider benefits to many elements of society. A growing body of research has shown that capitalizing on the activities of women peacebuilders not only advances women’s rights, but leads to more effective programs and, ultimately, to a more sustainable peace.

Post-Conflict Peacebuilding: A Lexicon

Post-Conflict Peacebuilding comes at a critical time for post-conflict peacebuilding. Its rapid move towards the top of the international political agenda has been accompanied by added scrutiny, as the international community seeks to meet the multi-dimensional challenges of building a just and sustainable peace in societies ravaged by war. Beyond the strictly operational dimension, there is considerable ambiguity in the concepts and terminology used to discuss post-conflict peacebuilding. This ambiguity undermines efforts to agree on common understandings of how peace can be most effectively ‘built’, thereby impeding swift, coherent action. Accordingly, this lexicon aims to clarify and illuminate the multiple facets of post-conflict peacebuilding, by presenting its major themes and trends from an analytical perspective. To this end, the book opens with a general introduction on the concept of post-conflict peacebuilding, followed by twenty-six essays on its key elements (including capacity-building, conflict transformation, reconciliation, recovery, rule of law, security sector reform, and transitional justice). Written by international experts from a range of disciplines, including political science and international relations, international law, economics, and sociology, these essays cover the whole spectrum of post-conflict peacebuilding. In reflecting a diversity of perspectives the lexicon sheds light on many different challenges associated with post-conflict peacebuilding. For each key concept a generic definition is proposed, which is then expanded through discussion of three main areas: the meaning and origin of the concept; its content and essential components; and its means of implementation, including lessons learned from past practice.

Minding the Liability Gap: American Contractors, Iraq, and the Outsourcing of Impunity

With the proliferation of the U.S. military’s reliance on contractors as a means of supplementing – and not just supplying – the troops on the ground, serious questions have arisen with respect to the legal regime governing the contractors’ conduct. The legal regime that governs those contractors is at best unclear, given the contractors generally fall outside the auspcies of the Uniform Code of Military Justice. My focus is on the accountability of the U.S. government for the actions of their private contractors. In Part II, I discuss the necessity and importantce of a civil right of action in these cases. Part III will examine the era of privatization and rise of the private contractor in the War on Terror. Part IV demonstrates the lack of accountability for U.S.-directed contractor abuse under current law. Finally, in Part V, I examine mechanism for minding the liability gap between the rights of the abused and the liability of those ultimately responsible.

Afghan Women and the Democratic Reconstruction of Afghanistan. Findings and Interviews from a Journalist’s Field Trip

Since the end of the Taliban regime the question has arisen how Afghan women, after years of exclusion from political life, can be helped to get involved in the democratic reconstruction of their country.This report attempts to make suggestions and to point out obstacles to this by dealing with various areas of social life in Afghanistan relevant to women. It is based on a field trip to Afghanistan and the Pakistani border town of Peshawar in February and March 2002 as well as numerous conversations with exiled Afghan women, mainly in Germany. Around 80 Afghan women were interviewed in all.

On Living with Negative Peace and a Half-Built State: Gender and Human Rights

This article examines the double standards associated with a precarious international peacebuilding strategy in Afghanistan based on impunity and half-truths rather than accountability and transitional justice. Many international organizations have turned a blind eye to past and current human rights atrocities through forms of rationalization based on an empowerment of cultural differences, relativization of progress and “policy reductionism.” Consequently, and in the absence of consistently applied rights instruments, societal divisions along gender, ethnic and other lines have intensified Afghanistan’s culture of intolerance to human rights, thereby violating the very principles the international community purports to uphold. Drawing on first-hand experiences, personal interviews and a sober analysis of trends, this article challenges some of the conventional assumptions held about the perception and knowledge of human rights among Afghans. It concludes by identifying possible areas of future study to better understand both the prospects for transitional justice and how ordinary Afghans continue to cope with widespread injustice and inequality.

Natural Law, Agents and Patients and Minority Rights

This is a theoretical paper on the individual and group rights in the context of conflict transformation. Excerpt from conclusion: The discourse on group rights is committed to explore, protect and strengthen individual and collective identities. One must see group rights as a component of the larger system of rights. The central issue is to make individuals and groups compatible and thereby avoid contradiction.