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.
Philipp Schulz and Anne-Kathrin Kreft
Cynthia M. Nolan
Oversight of intelligence agencies maintains public control and knowledge of their activities through an assurance of accountability and responsible use of power. It reflects the essential part of democratic checks and balances as applied to intelligence and security services in government. The US intelligence community and its oversight offices are the most extensive, oldest, and most studied in the world. Here, oversight of intelligence had developed as a series of checks and balances against the often unchecked power that had revealed itself in a scandal of some sort. Meanwhile, early descriptions of the activities of the intelligence agencies have given way to more systematic examinations of the quality of intelligence. And as oversight has been formalized, so too have academic descriptions of that oversight, both to expose that oversight to scrutiny and to aim to improve it. It is the use and form of these advances in government and their relationships to the necessity of democratic control and accountability that present the most intriguing challenges to academic theories of government conduct. In a democracy, intelligence must deliver high-quality assessments, analysis, and warnings in the advancement of US interests while at the same time acting within the law and respecting the rights of US citizens. These two sides of the same coin give intelligence oversight multiple objectives and make the task of the overseer even more difficult.
Kendall W. Stiles
International organizations (IOs) have effectively modified the structure of international law. For more than six decades, IOs have echoed the aspirations of humankind, in pursuit of the ideal of realization of justice, and have furthermore contributed to that end. IOs are provided with privileges and immunities that are intended to ensure their independent and effective functioning. These are specified in the treaties that give rise to the organization, which are normally supplemented by further multinational agreements and national regulations under international law. Rather than by national jurisdiction, legal accountability is intended to be ensured by legal mechanisms that are internal to the IO itself and by access to administrative tribunals. In the course of many court cases, where private parties tried to pursue claims against IOs, there has been a gradual realization that alternate means of dispute settlement are required, as states have fundamental human rights obligations to provide plaintiffs with access to court in view of their right to a fair trial. Otherwise, the organizations’ immunities may be put in question in national and international courts.
The Millennium Development Goals (MDGs), endorsed by 189 governments at the Millennium Summit, propose a concerted global effort to reduce the incidence of severe poverty and many of its most serious manifestations over a twenty-five-year period. The MDGs offer crucial insights into the politics of poverty and poverty reduction in international affairs. Their political dimensions can be analyzed in terms of agency, the nature and limits of accountability, the use and manipulation of quantitative goals for political ends, the dangerous illusion that MDG objectives can be accomplished in large part by mobilizing more development assistance, and the MDGs’ distinctly apolitical approach to the structural causes of poverty. The MDG initiative should be situated in three ongoing streams of debate and discussion: the debate over the relative priority of growth and of human development for poverty reduction; the tension between the assertion of rights and the enunciation of donor-driven goals as the political engine of poverty reduction; and the debate over the roles of markets and of state direction and regulation. While the MDGs concentrate on increasing aid flows to reduce the incidence of poverty and its manifestations, international trade and finance arrangements too often impede rapid progress. This is evident in water privatization, trade rules, and anti-retroviral medicines for HIV/AIDS patients. A way forward is to integrate the MDGs more deeply with human rights guarantees. Donors, for example, must take seriously the 2002 Draft Guidelines for the application of human rights to poverty reduction strategies.