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Article

The Politics of Prosecuting Genocide and War Crimes in Asia  

John Ciorciari

Delivering justice for genocide, war crimes, and other mass atrocities inevitably presents steep political challenges. That has certainly been true in Asia, where relatively few such international crimes have been prosecuted. Many Japanese were tried for war crimes following the Second World War, but for decades thereafter, the region saw only a few ill-fated efforts to advance justice for mass crimes. Some political space for accountability opened after the Cold War, enabling the creation of tribunals in Timor-Leste, Cambodia, and Bangladesh to address some of the many instances of impunity in Asia. Some observers have welcomed these trials as important efforts to advance accountability in a region rife with impunity. Still, the design and performance of these tribunals have reflected the difficulty of subjecting politically empowered or protected actors to justice. In each instance, trials have focused on suspects defeated at the ballot box or on the battlefield, prompting charges of victor’s justice. In other cases, including Indonesia, Sri Lanka, and Myanmar, even mounting an accountability process has proven a formidable challenge. In a region where Westphalian sovereignty and the norm of noninterference are strong, the will of incumbent domestic authorities remains the political linchpin for accountability efforts. In Asia as elsewhere, prosecuting international crimes requires exploiting windows of political possibility, although typically at the cost of accepting highly selective justice.

Article

Legal Repression in Russia  

Katerina Tertytchnaya and Madeleine Tiratsoo

Contemporary authoritarian regimes use the law in order to stifle their rivals’ ability and willingness to challenge the state. Research has investigated the conditions that make legal repression more likely in electoral autocracies and advanced our understanding of the ways in which legislation may be used for repressive ends in these settings. To a lesser extent, studies have also explored the consequences of legal repression in nondemocracies, focusing on its impact on dissent, opposition leaders, protesters, and civil society. This article discusses how, in Vladimir Putin’s Russia, the law has been used to exercise political power vis-à-vis the opposition. Since the early 2000s, the Russian authorities have used legislative channels to adopt and refine laws and regulations aimed at hindering protest and inhibiting the development of an independent civil society. The discussion of the Russian case contributes to comparative research on legal repression and authoritarian politics in various ways. First, it offers important insights into the direct and indirect consequences of legal repression on dissent, the development of civil society, and public opinion toward groups targeted by legal repression. Second, the study of Russia illustrates how institutional capture and power consolidation facilitate the adoption and implementation of repressive legislation. Finally, the Russian case advances our understanding of the dynamic nature of legal repression. Reforms to laws regulating protest and civil society in Russia showcase how domestic and external events may cause legal repression to escalate. The article concludes by identifying fruitful avenues for future research on legal repression.

Article

Russian Legal System and Use of Law  

Kathryn Hendley

The Russian legal system has a spotty reputation, both domestically and internationally. The distrust stems from well-publicized cases involving enemies of political or economic elites in which the outcome in favor of the elites is obviously predetermined. Coexisting with such cases are millions of mundane cases in which judges adhere scrupulously to the statutory law. This sort of legal dualism is not uncommon under authoritarianism. Russia’s constitution reflects this dualism. Its relevance to daily life and its capacity to constrain arbitrary state actions is questionable. Adopted in 1993, it proclaims Russia to be a state governed by the rule of law and includes a chapter with a comprehensive list of rights guaranteed to citizens which cannot be changed without convening a constitutional assembly. The constitutional court, which is a post-Soviet institutional innovation, is charged with ensuring compliance with the constitution. Amending the constitution requires consent from both the national legislature and two-thirds of the regional legislatures. The electoral dominance of the political party associated with Vladimir Putin has made this seemingly high threshold for amendments easily achievable. He has bent the constitution to his political will with multiple amendments, culminating in a set of over 100 amendments approved in 2020. The use of courts by Russian citizens and businesses has increased steadily during the post-Soviet period. As a rule, disputes are handled quickly and inexpensively. Even so, litigating is not the preferred option; Russians typically end up in court only when informal negotiations fail. As a rule, they go to court to solve practical problems rather than to advance issues of principle. The courts’ dockets are dominated by civil claims, such as family law disputes and various forms of debt collection. The straightforward nature of the procedural rules allows many litigants to represent themselves. In criminal cases, which are fewer, defendants are required to be represented by a licensed attorney (advokat). The state covers the cost of legal representation for the poor. Litigants who are dissatisfied with the outcomes of their cases can pursue appeals, culminating in the Russian Supreme Court. Citizens who believe that officials have violated their rights can pursue their claims in the stand-alone constitutional court, whose decisions serve as binding precedent. The post-Soviet era has witnessed wide ranging reforms to the legal system. Some were aimed at depoliticizing the courts. Judges are selected by a professional council dominated by judges that assesses candidates’ knowledge of law and appropriateness for the bench. They enjoy life tenure, subject to removal for cause—a process that is occasionally hijacked to remove judges who fail to toe the line in political cases. The reforms also sought to ease the heavy workload of judges by introducing a form of plea bargaining in criminal cases and opening the door to a type of summary judgment in civil cases in which defendants have conceded their culpability.

Article

The Crisis Cycle  

Christer H. Pursiainen

While crisis management is a well-developed institutionalized activity in public administration and private organizations, it is less developed and notably fragmented theoretically. Without any grand theories, the field is characterized across a range of disciplines by middle-range theories and discourses on one element of the process or another. These discourses seldom communicate with each other and effectively develop in isolation. The result is a fragmented field of theoretical concepts. The traditional “crisis management cycle” nonetheless provides a holistic framework of sorts for both theoretical and practical reflection, including pre-crisis, during-the-crisis, and post-crisis components. Capturing the salient themes of crisis management, this framework is useful in identifying the most important middle-range scholarly debates within the field. Through its holistic and almost all-encompassing scope of existing and potential new dimensions in crisis research, the crisis management cycle also lends credence to the perspective that the field will evolve from its current multidisciplinary character towards more genuinely interdisciplinary scholarship.

Article

Revolutions and Constitutional Crisis  

Johannes Vüllers

Revolutionary actions and constitutional crises are closely linked. However, research mainly looks at the two phenomena as distinct from each other. While studies on revolutionary actions are interested in the agency and the impact of the actions on the country’s institutions, legal research focuses on the constitution itself. The separation of the two strands leads to a limited understanding of their dynamics and complexity. What do we know about the relationship between revolutionary actions and constitutional crisis, and vice versa? The first question is how revolutionary actions trigger constitutional crisis, defined as a moment in which decision makers are unwilling or unable to manage the societal conflicts within the confinement of the constitutionally provided boundaries. Different types of revolutionary behavior—such as elite-led military coups, civil wars, and nonviolent resistance movements—trigger constitutional crises in many cases. They can lead to a new constitution with diverse implications for the political system. Whether the opposition or the old regime prevails in the constitutional crisis is a question of the power resources of both parties to the conflict. In some cases, the opposition movements succeed in making the political system more democratic. However, there are also cases where the constitutional crisis ultimately leads to more power for the ruling class. The relationship also works vice versa: a constitutional crisis can trigger revolutionary actions. Constitutional coups, and processes of democratic backsliding and constitutional rot, can trigger violent and nonviolent revolutionary actions. Political elites can try to change constitutional norms for their own benefit, such as extending the presidential term of office. This often leads to a storm of public protest and can become a real threat to the regime’s survival. A constitution can enter a crisis phase for a long time if it no longer serves the needs of parts of society. The injustices that thus arise within society can be a strong motive for revolutions. The combination of agency and constitutional processes is a promising avenue for future research that could help analyze the complex relationship between constitutional crises and revolutionary actions. In addition to innovative theoretical approaches, new empirical data is needed to examine the process of constitutional negotiation in more detail.

Article

The EU Migration Crisis: A Crisis Analysis Case Study  

Peter Slominski

The European Union (EU) migration crisis has been part and parcel of a conglomerate of crises that have affected the EU since the late 2000s, as have the financial and sovereign debt crisis, “Brexit,” the Russia–Ukraine conflict, as well as tensions within transatlantic relations. Scholarship on the EU has devoted much attention in assessing what the migration crisis means for EU integration at large. In particular, EU scholars are interested why the migration crisis has led to political gridlock and a renationalization of border controls rather than a deepening of integration. While they differ in their explanations, these explanations shed light on different aspects of the crisis and are far from mutually exclusive. Scholars who are more interested in the area of EU Justice and Home Affairs (JHA) largely agree with EU theorists that the field suffers from an incomplete governance design, the dominance of EU member states, and weak supranational capacities. Their analysis also focuses on intra-EU dynamics but offers a more nuanced empirical assessment of relevant EU institutions and decision-making in the course of managing the migration crisis. This growing body of research produces valuable insights and largely confirms existing scholarship, including that on the growing securitization and externalization of EU asylum and migration policy. The EU’s understanding as a norm-based power is particularly challenged by the migratory movements in the wake of the crisis. A small but growing scholarship analyses how the EU is balancing its non-entrée policy with its legal obligation, and what kind of governance arrangements result from that. While this scholarship has enriched our understanding of the EU migration crisis, it has not generated a major refinement of the standard approaches of EU theorists and JHA scholars. To further enrich the literature on the migration crisis, scholars should go beyond studying the dynamics of EU decision-making and the role of EU institutions. Such an approach should engage more systematically with international actors and institutions that have the capacity to influence EU migration policy. At the same time, global phenomena such as war, poverty, or climate change should also be taken into account in assessing the EU’s room for maneuver in handling migratory pressures. Future research on the migration crisis as well as on migration challenges should thus not only connect with other subfields of political science, such as policy analysis or international relations, but also open up to other disciplines such as law, demography, or environmental studies.

Article

Constitutions in Latin American Politics  

Jonathan Hartlyn and Alissandra T. Stoyan

Constitutions have been an important part of Latin America’s history since independence. While exhibiting frequent change, there have been continuities primarily regarding their republican form and presidentialism. Extensive scholarship exists on the origins of constitutions, their evolving design, and their effects concerning democratic stability and rights, particularly with regard to trends and patterns since the third wave of democratization in the late 1970s. Large-scale “refounding” constitutional reforms have gained traction with citizens and civil society groups, and populist leaders have promoted them as a solution for socioeconomic and political exclusion. Politicians have also favored both large- and small-scale changes as ways to continue in office, concentrate power, gain or maintain support, or defuse crises. With frequent changes and longer and more complex texts, sharp distinctions between constitutional moments defining the rules and ordinary politics occurring within the rules have blurred. The research on these issues regarding constitutions confronts challenges common to the analysis of weak institutions in general, including particularly endogeneity to existing power distributions in society and thus seeking to understand when and why key actors respect constitutional rules of the game. Some scholarship advances actor-centered linkage arguments connecting the origin, design, and effects of constitutions in a causal progression, on topics such as presidential powers, unequal democracies emerging from authoritarian regimes, or judicial independence. These arguments differ regarding the direct impact they ascribe to constitutions compared to other factors, particularly with more extended time horizons. They typically examine the narrow strategic interests of the key players while also considering when they may contemplate broader goals, especially when no one player is dominant. Though diffusion has played a role in constitutional process and design in the region, most scholars downplay its relative importance. Since the 1990s, there has been a significant expansion in a unidirectional, path-dependent fashion in the incorporation of social, economic, and cultural rights, as well as decentralization and participatory mechanisms. Unlike presidential re-election and presidential powers, which have seen more frequent and sometimes mixed evolution, once these rights and mechanisms are granted they are not formally reversed in subsequent reforms. Yet, their effective realization has been partial and uneven, typically requiring some combination of societal mobilization and institutional activation. Thus, other endogenous or exogenous factors are typically incorporated into explanations regarding their possible effects. Future research in many areas of constitutionalism could be enhanced by a more systematic cross-national multidimensional data collection effort, facilitating further quantitative and multi-methods empirical work. This will assist scholars in addressing the theoretical and methodological challenges in this field common to institutional research generally. At the same time, it is critical not to lose sight of the normative dimension of constitutionalism, given its symbolic and aspirational value as well as practical importance for democracy.

Article

Suriname: The National Army in Politics  

Dirk Kruijt

Suriname is a multiethnic society (from African, Asian, and European countries, and smaller contingents of the original indigenous peoples) formed in colonial times. After 1863, a small colonial army detachment with conscript Dutch soldiers was stationed in Suriname. The colony was provided autonomy in 1954, except for defense and foreign affairs. The same army detachment was now open for Surinamese noncommissioned officers (NCOs). Independence was obtained in 1975; the Dutch transferred all infrastructure of the colonial detachment. Suriname’s political culture was (and partially still is) based on ethnic belonging and clientelism. After independence, the government started spending big money and rumors of corruption arose. The NCOs, headed by Sergeant-Major Bouterse, staged a coup in 1980. They appointed a new civilian government but remained in control though a Military Council overseeing government. After two and a half years it generated a strong civilian opposition, supported by the students, the middle classes, and the trade unions. In December 1982, the military arrested the leaders and tortured and killed them. Between 1980 and 1987, Bouterse, now a colonel, was the de facto president as leader of the Military Council. The generally leftist but zig-zagging military government disrupted the economy. “Colombian entrepreneurs” assisted with financial support. Economic and political bankruptcy prompted the government to organize elections. The “old ethnic parties” won the election in 1987, but the army leadership remained in power. A second coup, in December 1991, was settled by general elections six months thereafter; the same ethnic parties returned to power. Armed opposition had emerged in the Maroon region. The Army, backed by paramilitary forces, organized a counterinsurgency campaign during several years of civil war. The civilian government brokered a preliminary peace agreement, but Army Chief Bouterse continued the war. Eventually the Organisation of American States mediated, resulting in a formal peace. Bouterse and his staff were discharged and became businessmen and politicians. Consecutive civilian government strongly curtailed military budgets, personnel, and equipment. Instead, they strengthened the police. In 2005, Bouterse participated in the elections with a pluriethnic political platform. His party became the largest one in parliament. He won the presidential elections in 2010 and was reelected in 2015. A Military Tribunal initiated a process against the actors of the December 1982 murders. In November 2019, the Tribunal convicted him of murder and sentenced him to 20 years in prison, without ordering his immediate arrest. The National Army, after decades of neglect, was reorganized. It is in fact an infantry battalion equipped with Brazilian armored vehicles. Brazil, Venezuela, and India supplied some assistance and training. The Coast Guard is part of the Army, as well as the Air Force which has a couple of Indian helicopters. Of the 137 countries ranked in military strength by Global Firepower (2019), Suriname is positioned at place 135. On the other hand, the country has no external enemies, although there exists a dormant frontier dispute with Guyana since the late 1960s.

Article

Europeanization  

Søren Dosenrode

Europeanization refers to the mutual influence of the European Union (EU) and its member states, to interactions within and between member states driven by the EU, and to the effect of the EU on EU applicant states. It affects domestic politics, policy, and polity and therefore is relevant for citizens and businesses. Europeanization effects also raise an issue of legitimacy: who bears responsibility, the member states or the European Union? In the broadest sense, analysis of Europeanization began with the theories of regional integration in the 1950s, which explained what was to become the early 21st-century EU and how it began and developed—the making of a polity. In the narrow and more common use of the concept, studies of the effect of what was then known as the European Community began at the end of the 1980s and the beginning of the 1990s under the name of “adaptation.” It was not until 1994 that Robert Ladrech used and defined the term “Europeanization” for analyzing the effect of the European Community on its member states. Thus, in its most encompassing sense, a complete typology of Europeanization includes five types, each with its own primary mechanisms at work: (a) meta-Europeanization, the processes whereby the member states that have created the EU have set the overall frame, that is, the EU; (b) downloading, which implies a pressure on EU member states’ policies and governmental structures to adapt to EU standards (but this does not lead to “uniformity,” as the member states have diverse histories and traditions); (c) uploading, whereby the member states contribute to the EU’s further development by making policy suggestions to the EU and its institutions; (d) cross-loading, whereby the EU creates frames for the member states to exchange best practices and experiences, with little or no involvement from the institutions; and (e) export Europeanization, whereby the EU makes potential members comply with the Union. In a narrow sense, Europeanization is about downloading, uploading, and cross-loading. Studies on Europeanization have contributed greatly to our understanding of how the EU works and how it influences its member states and vice versa (not to mention its influence on subnational actors as well as on interest organizations and neighboring countries). In the early 21st century, Europeanization studies expanded to policies that were previously not sufficiently considered: for instance, the Common Foreign and Security Policy, the Common Security and Defence Policy, and social movements.

Article

Europe’s Supranational Courts and LGBT Rights  

M. Joel Voss

Europe has some of the most powerful human rights legal institutions in the world including two supranational human rights courts—the Council of Europe’s European Court of Human Rights and the European Union’s Court of Justice (hereafter, together—the Courts). After decades of relative quiet, the Courts have begun hearing more cases concerning LGBT rights. Judgments of the Courts have advanced some facets of LGBT rights like anti-discrimination in the workplace while disappointing gay-rights advocates in other areas, for example family life and asylum. Scholarship on European courts and LGBT rights is not as developed as scholarship on norm advocacy or policy diffusion within states in Europe. The research that does exist looks at how decisions by the European Court of Human Rights and the European Court of Justice deal with current European law, how the institutions are designed, or how the supranational courts may act as agents of change or status quo institutions in shaping wider European behavior. This lack of newer research on the Courts presents ample opportunity for new avenues of research that examines not only how decisions are made at the Courts but also how states implement decisions and how states view the legitimacy of each Court.