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Article

Accountability for Conflict-Related Sexual Violence  

Philipp Schulz and Anne-Kathrin Kreft

Since the late 1990s and early 2000s, notable progress has been made toward holding accountable those responsible for conflict-related sexual violence (CRSV), with a view toward ending impunity. Developments by the International Criminal Tribunals for the former Yugoslavia and for Rwanda, as well as by the International Criminal Court, were instrumental to advancing jurisprudence on sexual violence in the context of armed conflict. Despite progress in seeking to hold perpetrators accountable, critics note that there is persistent impunity and a vacuum of justice and accountability for sexual violence crimes in most conflict-affected settings globally. At the same time, feminist scholars in particular have critiqued the ways in which criminal proceedings often fail sexual violence survivors, especially by further silencing their voices and negating their agency. These intersecting gaps and challenges ultimately reveal the need for a broader, deeper, thicker, and more victim-centered understanding of justice and redress in response to sexual violence.

Article

Africa and the International Criminal Court  

Westen K. Shilaho

A diplomatic row between Africa, specifically the African Union (AU), and the International Criminal Court (ICC), regarding accountability for mass atrocities exists. Critics accuse the ICC of bias on account of its African caseload, while the ICC counters that it has a mandate to afford justice to victims of heinous crimes—war crimes, crimes against humanity, war of aggression, and genocide—whenever domestic courts cannot do so. This article problematizes the relationship between the AU and the ICC, which was initially cordial until the indictment of former Sudanese autocrat, Omar Al-Bashir. The indictment of six Kenyan suspects, the “Ocampo Six,” among them, Uhuru Kenyatta and William Ruto, who subsequently ascended to power, worsened the Africa–ICC relationship. The article contends that, although flawed, the ICC is significant in addressing impunity. However, the ICC stands accused of favoritism, imperialism, erosion of the sovereignty of already weak African states, and escalation of conflicts. Historically, international criminal justice is steeped in controversy. Africa has suffered humiliation by the West, which evokes suspicion toward the ICC, perceived to be a stooge of Western powers. The ICC as a court of last resort, ought to afford justice to victims of mass atrocities whenever national judiciaries fail them. Crucially, however, domestic courts in Africa need capacity and political will to hold to account masterminds and perpetrators of mass atrocities. Thus, the choice between justice and peace or retributive and restorative justice preponderant among ICC critics in Africa is false. There cannot be peace and reconciliation in Africa without justice. Truth telling and retribution are complementary processes in combating impunity and realizing justice, stability, and prosperity.

Article

Civil Wars and Displacement  

Ayşe Betül Çelik

The growing number of civil wars in the post-Cold War era has been accompanied by a rising number of forcibly displaced people, who either stay within the borders of their own countries, becoming internally displaced persons (IDPs), or cross borders to become refugees. Although many studies have been conducted on the reasons of conflict-induced displacement, various questions remain of interest for the scholars of international relations, especially questions pertaining but not limited to the (a) gendered aspects of conflict, displacement, and peace processes, (b) predicting possible future displacement zones, and (c) best political and social designs for returnee communities in post-civil war contexts. Most studies still focus on the negative consequences of forced migration, undermining how refugees and IDPs can also contribute to the cultural and political environment of the receiving societies. Considering that there is a huge variation in types of conflict, motivations for violence, and the resulting patterns of displacement within the category of civil war, more research on the actors forcing displacement, their intentions, and subsequent effects on return dynamics can benefit research in this field. Similarly, research on return and reconciliation needs to treat displacement and return as a continuum. Paying attention to conflict parties in civil war bears the potential for new areas of exploration whose outcomes can also shed light on policies for post-civil war construction and intergroup reconciliation.

Article

Corporate Responsibility  

Swati Srivastava

Transnational corporations (TNCs) have assumed a greater share of global power vis-à-vis states. Thus, understanding how to assign corporate responsibility has become more urgent for scholars in international studies. Are corporations fit to be held responsible? If so, what are the existing ways of doing so? There are three research themes on conceptualizing corporate responsibility: (a) corporate criminal liability, in which corporations are assigned responsibility by determining criminal intent and liability in domestic law; (b) corporate social responsibility (CSR), in which corporations are assigned responsibility through praise and blame for adopting voluntary standards that conform with societal values; and (c) corporate international responsibility, a subset of CSR in which corporations are assigned responsibility by hardening international law, especially in human rights and the environment. The three themes feature research on corporate responsibility across a variety of disciplines, including law, criminology, global governance, sociology, business, and critical theory. Each theme prioritizes different debates and questions for research. For corporate criminal liability, the most important questions are about corporate intent in assigning blame for criminal behavior and how to deal with corporate criminal liability in domestic law. For CSR, the most important questions are about determining what obligations corporations take on as part of their social compact, how to track progress, and whether CSR leads to nonsymbolic corporate reforms. For corporate international responsibility, the most important questions are articulating on what grounds corporations should be held responsible for transnational violations of CSR obligations in state-based public international law or contract-based private international law. There are a range of ways to evaluate corporate responsibility in the three research themes. As such, the future of conceptualizing TNCs’ responsibility is diverse and open for examination by scholars of international studies.

Article

Criminal Tribunals  

Aaron Fichtelberg

One the most dramatic development in international law in the 20th century was the formation of international criminal tribunals. Unlike conventional international tribunals, such as the International Court of Justice and the Permanent Court of Arbitration, international criminal tribunals—such as the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Military Tribunal at Nuremberg—are a controversial element of international law and international politics. Precisely because they are aimed at individuals who act under color of law, such as military officials or heads of state, they invoke a number of political challenges. Their combination of international law, human rights, criminal justice, and hotly disputed facts of great moral gravity makes them a subject of intense debate among academics, government officials, and the public at large. Much of the scholarship on international tribunals can be summed up by three periods: pre-Nuremberg, Nuremberg, and post-Cold War developments. Each period reveals shifts in the way that international criminal tribunals were studied and conceptualized in the academic world. In the future, much of the scholarship on international tribunals is expected to be influenced by the impact that the actual tribunals themselves have on international politics.

Article

Cultural Genocide in Law and Politics  

Alana Tiemessen

The violent and nonviolent repression of cultural groups, or using cultural means to destroy a group, is often identified as “cultural genocide.” The concept’s association with genocide, the “crime of crimes,” suggests it is of serious international concern. Yet contestation over its meaning and application has rendered cultural genocide more of a rhetorical tool than a crime that can be prevented or punished. The scholarly literature on this subject demonstrates that academics and policymakers have been hampered by legal debates and states’ political interests, from Lemkin’s original conception of genocide and the UN Genocide Convention negotiations to the ad hoc responses to “real world” cultural genocide cases. The legal debates have centered around whether cultural genocide can fit within the limits of the Convention’s definition of genocide, that is, the specific intent to destroy, specific protected groups as victims, and so on, and the assumption that genocide is primarily the physical destruction of a group by violent means. Interdisciplinary perspectives on cultural genocide, particularly from anthropology, have shown that cultural genocide is diverse in practice; while not always physically violent in its means or ends, it is closely associated with historical and modern cases of settler colonialism. The politics of cultural genocide has historically been manifested in the politicized negotiations of the Genocide Convention and UN Declaration on the Rights of Indigenous Peoples, in which the self-interests of many states precluded any specific mention of cultural means of genocide. In the early 21st century, debates about who should be considered a cultural group and the utility of identifying cultural genocide without its criminalization have resulted in a lack of recognition and response to group destruction.

Article

The Ethics of Torture: Definitions, History, and Institutions  

Rebecca Evans

International law defines torture as the intentional infliction of intense suffering aimed at forcing someone to reveal information, punishing unwanted behavior or inspiring fear in a broader population. Since torture is banned under any and all circumstances, states go to great lengths to insist that their conduct does not qualify as torture. Officials seek to distance themselves legally and morally from an association with torture by using clean torture techniques that do not leave physical marks and by downplaying the seriousness of their methods, characterizing their interrogation techniques in euphemistic language that makes it possible to practice torture without admitting that they are doing so. Yet even supposedly lesser forms of abuse referred to as torture “lite” can have severe effects when they are employed in combination and for long periods. Fundamentally, torturous acts are designed to break a victim by demonstrating the victim’s utter powerlessness. Historically, torture was not only common in times of war and social upheaval, but it was also openly practiced in many societies as an integral part of the judicial system. Torture was seen as an effective technique for obtaining information as well as an appropriate punishment for the immoral and a useful deterrent against future misconduct. Since the end of World War II, torture has been rejected as a violation of basic human rights and publicly condemned by most countries in the world; international treaties such as the United Nations Convention Against Torture (CAT) require signatory parties to end torture within their territorial jurisdiction and to criminalize all acts of torture. Nonetheless, countries throughout the world continue to engage in ill-treatment and torture, often during times of national stress, when perceived others or out-group members are subjected to extreme interrogation. Although torture is employed by democratic and nondemocratic forms of government alike, empirical studies reveal that political regimes and institutions have a significant impact on the type of torture used and the duration of government support for torture. Effective democratic institutions like a free press and an independent judiciary make it more likely that cases of torture will be exposed and violators punished, and democratic governments with strong mechanisms for holding officials accountable are more likely to transition away from ill-treatment and torture of detainees, at least once violent challenges end. During periods of perceived threat, however, public intolerance of unwanted others makes it likely that democratic publics will condone if not encourage the use of torture against detained transnational terrorism suspects and other dissidents. Under such circumstances, independent judicial institutions may incentivize officials to practice torture more covertly. Non-democratic countries are more likely to flout human rights treaties such as the CAT, signing such agreements as a means of deflecting criticism but continuing to employ torture against dissidents. Even liberal democracies are found to have difficulty complying with certain international human rights treaty obligations, especially when information about violations—as in the case of torture—tends to be hidden. The resulting impunity makes it difficult to put an end to torture.

Article

The Ethics of Torture in the Context of the War on Terror  

Rebecca Evans

Despite an absolute prohibition against torture, countries throughout the world continue to engage in ill-treatment and torture, often during times of national stress, when perceived others or out-group members are subjected to extreme interrogation. This is shown in numerous analyses and documentary evidence of the detention and interrogation policies adopted by the US government after the terrorist attacks of September 11, 2001, including coercive interrogation techniques that many regard as torture, secret detentions, and extraordinary renditions to third countries known to practice torture. Faced with an uncertain and stressful situation, prison guards in Abu Ghraib turned to violence as a way of reassuring themselves that they were in control. With little oversight and a general mandate to secure actionable intelligence, aggression was encouraged and physical and psychological techniques refined in Afghanistan and at the detention center in Guantánamo became standard operating procedures. Though government leaders disavowed the use of torture and claimed that the United States used legally and morally acceptable coercive interrogation methods, US actions prompted a renewed philosophical and political debate whether there should be an absolute prohibition against torture or whether, under carefully specified circumstances, it is a lesser evil to torture a suspect for information to prevent a greater evil that menaces society. Justifications for the limited use of torture focus on its utility in preventing greater harm, especially under ticking bomb scenarios. Arguments for an absolute ban on torture question its effectiveness, citing anecdotal and experimental evidence that coercive methods often produce false confessions. Critics also cite strategic costs, including harm to the US reputation and its counterterrorism efforts, as well as damage to the global norm against torture. Public opinion in the United States and globally is ambivalent, though increasing representations of torture in popular culture have cultivated a torture myth, according to which torture is only used against hardened terrorists and in exceptional circumstances, when time is of the essence and torture is both necessary and effective in forcing terrorists to divulge valuable information that can save lives and avert future attacks. Ultimately, unrealistic depictions of torture and ambivalent signals from political leaders have created a climate of impunity and broad, though deeply divided support for harsh interrogation techniques.

Article

The Global Economic and Political Causes of Human Trafficking  

Robert G. Blanton and Shannon Lindsey Blanton

While various forms of slavery and forced labor have existed throughout human history, trafficking in humans is a relatively new area of global concern, as specific laws date back only to 2000. As a legal concept, human trafficking is defined according to its requisite acts (recruitment, transport, harboring of victims), means (use of force, fraud, or coercion), and purpose (exploitation). As a basis for scholarly analysis and public policy, trafficking can be viewed in terms of multiple dimensions, as it constitutes a criminal activity, an egregious abuse of human rights, and a pervasive illicit market. Each of these frames suggests different scholarly approaches to examining trafficking, as well as different policy responses to combat it. For example, a criminal activity frame connotes a prosecutorial response toward traffickers by state agencies, while a human rights-based approach suggests increased attention and services to trafficking victims. There is a significant, though underdeveloped, body of scholarship on the causes of human trafficking. Broadly put, extant work focuses on economic, political, and demographic variables, each of which are part of the wider array of factors that can make trafficking more or less likely. Economic factors can be assessed at both micro and macro levels, ranging from the cost–benefit analyses of traffickers to macroeconomic factors such as poverty and globalization. Political correlates of trafficking include armed conflict, the presence of peacekeepers, and the strength and capacity of domestic political institutions. For their part, nongovernmental organizations (NGOs) can also play a significant role in shaping state responses to trafficking. As trafficking commonly involves the movement of people across borders, some of the same demographic factors that drive migration are also associated with trafficking flows. Taken as a whole, there are still many underexplored avenues for future research. While well over a thousand articles and books have been published on human trafficking since 2000, a majority of extant research is non-empirical in nature, including general overviews of trafficking or analyses of relevant laws. A key factor contributing to this relative dearth of empirical literature is the lack of comprehensive data that reflects the complex and nuanced nature of trafficking. Given the policy-relevant nature of human trafficking, as well as its implications for human rights, there remains a great need for additional evidence-based research in this area.

Article

Global Indigenous Rights and Resistance  

Nicholas D. Natividad and Pat Lauderdale

It is estimated that there are more than 470 million Indigenous people spread across 90 countries worldwide, making up more than 6% of the world’s population. Significant advancements in global Indigenous rights have occurred in modern international law since the early 20th century. The establishment of the League of Nations provided an early framework for notions of self-governance, and the establishment of the United Nations in the mid-20th century prompted the rise of Indigenous rights to be situated within the framework of international human rights law. Human rights law emerged from the need expressed in the 1945 UN Charter and the 1948 Universal Declaration of Human Rights to protect and secure the fundamental freedoms and rights of all humans. The first recognition of Indigenous peoples in the international legal order came with the 1957 International Labor Organization (ILO) Convention 107. Since the first recognition, there have been numerous advancements in the establishment of rights for Indigenous populations, most notably the UN Declaration on the Rights of Indigenous Peoples, the International Decades of the World’s Indigenous Peoples, the International Decade of Indigenous Languages, and the International Year for the World’s Indigenous People, as well as in areas of Indigenous cultural heritage and cultural rights. A world-systems approach to Indigenous rights sheds light on contradictory nature of rights, namely, that the rise of human rights has dovetailed with neoliberal globalization under the law. The connection between market fundamentalism and the expansion of human rights has been met with resistance by Indigenous peoples who have provided alternative realities, ways of social organizing, and protection of land and environment that center Indigenous ways of knowing and being. As a result, Indigenous rights have been shaped by the Indigenous peoples teaching the rest of the world the importance of moving away from “individual rights” and toward mutual responsibility and obligation.

Article

Human Rights in Latin America  

James C. Franklin

The systematic study of human rights came into its own in the 1980s on the heels of expanded efforts by human rights organizations, the U.S. Congress, and the Carter administration to respond to human rights abuses. Latin America was a primary target of these efforts and many of the early studies on human rights focused on this region. Here, an early literature on human rights formed around the practical question of whether U.S. foreign aid allocations were steered away from human rights violators, as the law required. The literature brought some of the first attempts to measure human rights violations systematically, and several of these scholars moved on to broader questions about what caused human rights abuses and on global efforts to stop them. This included analyses of threat perceptions, human rights movements, foreign policy, naming and shaming, and transitional justice. Some of the key theories in this literature were developed, at least in part, by Latin Americanists and a lot of early empirical application of the theories focused on this region. Over time, this literature has become increasingly global, and thus earlier research on Latin America greatly influenced the broader literature on human rights. Alongside the evolution of the scholarly literature, the nature of human rights abuses in Latin America has also changed. After the widespread democratization of the region, abuses shifted from those primarily targeted at political opposition to actions targeted at socially marginalized individuals. This suggests an important new topic for researchers.

Article

The Institutions of International Society  

Tonny Brems Knudsen

The “fundamental” or “primary” institutions of international society, among them sovereignty, diplomacy, international law, great power management, the balance of power, trade, and environmental stewardship, have been eagerly discussed and researched in the discipline of international relations (IR), at the theoretical, meta-theoretical, and empirical levels. Generations of scholars associated with not only the English School, but also liberalism and constructivism, have engaged with the “institutions of international society,” as they were originally called by Martin Wight and Hedley Bull in their attempt to develop a historically and sociologically informed theory of international relations. The fact that intense historical, theoretical, and empirical investigations have uncovered new institutional layers, dynamics, and complexities, and thus opened new challenging questions rather than settling the matter is part of its attraction. In the 1960s and 1970s, the early exponents of the English School theorized fundamental institutions as historical pillars of contemporary international society and its element of order. At the turn of the 21st century, this work was picked up by Kal Holsti and Barry Buzan, who initiated a renaissance of English School institutionalism, which specified the institutional levels of international society and discussed possibilities for institutional change. Meanwhile, liberal and constructivist scholars made important contributions on fundamental institutions in key engagements with English School theory on the subject in the late 1980s. These contributions and engagements have informed the most recent wave of (interdisciplinary) scholarship on the subject, which has theorized the room for fundamental institutional change and the role of international organizations in relation to the fundamental institutions of international society.

Article

International Law Developed Through the European Union  

Kathie Barrett

The European Union (EU) was created through treaties and thus is a product of international law. In the Van Gend en Loos decision, the European Court of Justice (CJEU) stated that the EU was a “new order of international law” and reiterated this in subsequent decisions. This perspective is consistent with the way that the EU influences international law to drive integration as well as its foreign policy goals to become a global leader in the rule of law, protection of human rights, and environmental stability while at the same time decreasing the sovereignty of Member States without their agreement. The CJEU is adjudicating a supranational constitution and empowering national courts to ensure the consistency of EU law. The EU has demonstrated that a unique international system can be driven through cooperation and confidence in international law. While creating possibilities for both international and the EU, it also creates challenges for the national court as well as EU and international law development.

Article

International Law, Technology, and Gender-Based Violence  

Carlotta Rigotti

Although information and communication technologies (ICTs) and artificial intelligence (AI) offer a unique opportunity to help personal autonomy flourish and promote diversity in society, their deployment has increasingly proved to channel new harm. Generally speaking, online and technology-facilitated violence comes to mean any abusive act that is committed, facilitated, or amplified via ICTs and other AI-based technologies. Also, it appears that this abuse is gender-based and intersectional, is experienced as a continuum of offline violence, and negatively affects the individual, as well as society. Accordingly, because online and technology-facilitated violence is borderless, and the same rights that people have offline must likewise be respected online, the international community has started undertaking some joint action. This is the case, for example, of the Platform of Independent Expert Mechanisms on the Elimination of Discrimination and Violence Against Women, as well as the European Commission and the United Nations Entity for Gender Equality and the Empowerment of Women. At the same time, a growing body of diverse literature suggests several courses of action for the international response to online and technology-facilitated violence against women. More precisely, greater effort is considered to be necessary to fill the terminological and data gaps that counteract the effectiveness of legal, policy, and other measures addressing online and technology-facilitated violence against women. Furthermore, numerous scholars make concrete and/or original suggestions that could facilitate the prevention and support of victims of online and technology-facilitated violence, such as the engagement of pop feminism in social media campaigns and the adoption of bystander intervention models. In terms of legal reform, there is common agreement that it should keep up with the continuous development of technology and the personal experiences of the victims, while going beyond the mere criminalization of the wrongdoings. Special emphasis is also put on the necessary regulation and engagement with internet platforms, to strengthen the legal and policy responses, as well as to hold them accountable.

Article

The Politics of Digital (Human) Rights  

Ben Wagner, Andy Sanchez, Marie-Therese Sekwenz, Sofie Dideriksen, and Dave Murray-Rust

Basic human rights, like freedom of expression, freedom of the press, and privacy, are being radically transformed by new technologies. The manifestation of these rights in online spaces is known as “digital rights,” which can be impeded or empowered through the design, governance, and litigation of emerging technologies. Design defines how people encounter the digital world. Some design choices can exploit the right to privacy by commodifying attention through tactics that keep users addicted to maximize profitability; similar design mechanisms and vulnerabilities have facilitated the abuse of journalists and human rights advocates across the globe. But design can also empower human rights, providing novel tools of resistance, accountability, and accessibility, as well as the inclusion of previously underserved voices in the development process. The new capabilities offered by these technologies often transcend political boundaries, presenting complex challenges for meaningful governance and regulation. To address these challenges, collaborations like the Internet Governance Forum and NETmundial have brought together stakeholders from governments, nonprofits, industry, and academia, with efforts to address digital rights like universal internet access. Concurrently, economic forces and international trade negotiations can have substantial impacts on digital rights, with attempts to enforce steeper restrictions on intellectual property. Private actors have also fought to ensure their digital rights through litigation. In Europe, landmark cases have reshaped the international management of data and privacy. In India, indefinite shutdowns of the internet by the government were found to be unconstitutional, establishing online accessibility as a fundamental human right, intimately tied with the right to assembly. And in Africa, litigation has helped ensure freedom of speech and of the press, rights that may affect more individualsas digital technologies continue to shape media. These three spheres—design, diplomacy, and law—illustrate the complexity and ongoing debate to define, protect, and communicate digital rights.

Article

Postconflict Reparations  

Peter J. Dixon, Luke Moffett, and Adriana Rudling

The devastation brought by war leaves behind irreparable loss and destruction. Yet over the past 100 years there has been a concerted effort by states, both within their territory and following conflicts with other states, to resolve the past through reparations. As a legal and political tool, reparations can affirm values in a postconflict society through recognising suffering and responsibility, as well as helping those most affected by the conflict to cope with their loss. However, the scale of harm and damage of war may devastate a state’s capacity to redress all victims, and states may have more pressing priorities to reconstruct and encourage development. While the guns have been silenced, the motivations and ideologies that fueled and justified violence may continue, politicising debates over which victims are deserving of reparation or absolving the responsibility of certain actors, causing reparations to be delayed or dropped. Where reparations are made, furthermore, assessments of their effectiveness in meeting their goals are both challenging and necessary. This article addresses these issues, providing a snapshot of the key debates in the area, the continuing gaps, and the need for further research.

Article

The Right to Development  

Daniel J. Whelan

The right to development is an internationally recognized human right that entitles every human person and all peoples to participate in, contribute to, and enjoy economic, social, cultural, civil, and political development. It is a right held both by individual human persons and all peoples. The right was enshrined in the Declaration on the Right to Development, adopted by the United Nations (UN) General Assembly in December 1986. It has since been reiterated as indivisible with all other human rights in scores of UN resolutions and summit outcome documents, most notably the 2030 Agenda for Development, adopted by consensus in 2015. The right to development entails a variety of obligations on states (at the domestic and international levels), regional actors, non-state actors (e.g., transnational corporations), and international organizations. Since 2019, the UN Human Rights Council’s Intergovernmental Working Group on the Right to Development has been discussing a draft Convention on the Right to Development to codify these obligations. Since it first came under discussion at the UN in the 1970s, the right to development has consistently generated debate and controversy among scholars and governments, which has frustrated the formation of a consensus around both conceptual issues (the nature and scope of such a right and how it is defined) and practical considerations (the extent of obligations, who holds them, and challenges of monitoring and implementation). There are those, especially (but not exclusively) in the Global South, who view the right to development as rightfully prioritizing the international duty to cooperate, which is a prerequisite for, first, the realization of economic, social, and cultural rights, and then of civil and political rights. This duty obligates developed countries to provide economic, technological, and other resources to developing states, free of conditionalities. In contrast, although generally agreeing that there are important “soft” obligations for development, skeptics, especially (but not exclusively) in the Global North, are wary of making such aid and assistance obligatory, and they are concerned that the right to development may be (or has been) used to justify curtailing especially civil and political rights in the name of “development.” They instead argue for a “human rights approach to development” that entails national-level commitments to good governance, transparency, accountability, and respect for all human rights in the development process.

Article

State Terrorism  

Joseph M. Brown

State terrorism is a contentious topic in the field of terrorism studies. Some scholars argue that the concept of terrorism should only be applied to the behavior of nonstate actors. Others argue that certain government behaviors may be understood as terrorism if the intent of state violence and threats is to stoke fear and influence the behavior of a wider audience. Three possible conceptualizations of state terrorism are worth exploring: government sponsorship of nonstate actors’ terrorism, terrorism perpetrated by government agents outside a legal framework, and “inherent” state terrorism—acts perpetrated by the state in the everyday enforcement of law and order that, if perpetrated by nonstate actors, would clearly qualify as terrorism. Each of these conceptualizations yields insight about state behavior, highlighting particular uses of violence and threats as instruments of state policy. Depending on one’s conceptualization of state terrorism, common policies and functions of government possess an underlying terroristic logic. Analytical tools developed in the field of terrorism studies may be useful in helping us understand state behavior, when violence and threats appear to have a broader communicative function in influencing an audience beyond the immediate target.

Article

Teaching Genocide  

Jeffrey S. Bachman

Teaching genocide is a complex endeavor. The field of genocide studies is unique in the scale of its interdisciplinarity. Indeed, genocide studies lacks a disciplinary home, meaning those who teach genocide approach the subject from incredibly diverse disciplines, fields, and subfields. Yet, despite the pedagogical activity on genocide education, including the proliferation of undergraduate and graduate courses, many students will only take one course on genocide before they graduate. When designing a course on genocide, teachers must decide what to include in such a course. Teaching genocide is further complicated by ongoing debates and contestation in the field. Though the Genocide Convention legally defines genocide, this definition has been endlessly scrutinized, with scholars identifying numerous deficiencies and developing alternative definitions. Which definition of genocide employed is also a determining factor in which cases are recognized as genocide. When certain definitions are used, in particular those that limit genocide to mass killing, and a limited number of applicable cases are studied, a hegemonic understanding of genocide may emerge. Therefore, the definitional debates have implications for genocide recognition, response, and historical memory. Contestation and debate in genocide studies, however, also provides teachers with space for creativity and innovation. Students can join their teachers as genocide scholars. Together, teachers and students can participate in the definitional debates and analyze cases. They can approach questions such as how did mass killing come to be synonymous with genocide? And why are some cases of genocide studied disproportionately compared with others? The answers to these and associated questions have real consequences for affected peoples and historical memory. Importantly, teaching genocide can be an act of critical exploration, or what Dirk Moses and Alex Hinton refer to as “critical genocide studies.” Teachers need guidance for designing a course that encourages critical engagement through direct participation in the field’s many debates.

Article

Transitional Justice  

Marc Polizzi

The shift toward transitional justice (TJ)—the use of judicial and nonjudicial means to address systematic human rights atrocities in post-authoritarian and post-civil-conflict states—originated in the modern era with the creation of international tribunals after World War II. The tribunals’ construction demonstrated a drastic change in international norms, shifting responsibility from the state to individual perpetrators. Later, the “third wave of democratization” ushered in a flurry of new efforts in post-authoritarian regimes throughout Latin America, including the addition of truth-telling mechanisms and amnesties to protect perpetrators from prosecution. Since then, several new forms of TJ have been introduced in a variety of post-authoritarian and post-conflict settings, with several academic disciplines aiming to understand the variation in experiences and efficacy of these processes. The uniqueness of this literature lies in the interplay between the scholarship, activists, and practitioners, which has influenced the way the TJ field developed, and ultimately, how it conceptualizes justice. The trajectory of the scholarship has been a shift from normative-exploratory orientations to empirically driven studies. Further, different conceptualizations of justice (i.e., retributive justice, restorative justice, and reparative justice) became associated with specific TJ mechanisms, an association that often determines how their long-term success is judged. Finally, two important, enduring issues for future research to address are: whether, and to what extent, gender is incorporated into the TJ process, and improved methodologies that model the temporal and political dynamics involved in the implementation of TJ and its outcomes.