Rebranding the State: Uganda's Strategic Use of the International Criminal Court

When governments invite the International Criminal Court (ICC) to conduct investigations within their own borders, they seem to indicate acceptance of global norms of accountability for wartime atrocities. The first of these self‐referrals came from Uganda, whose government requested investigation into its conflict with the Lord's Resistance Army (LRA), a conflict within which it, too, committed large‐scale human rights violations. This article argues that Uganda used the ICC to help solve a problem faced by many of the world's least powerful states, whose domestic politics are often structured through patron–client networks. Their rulers need to distribute basic state resources, including physical protection, to loyal clients without alienating donors who demand provision of these same resources by right to all citizens. By inviting external scrutiny and manipulating the investigative process, the Ugandan government received an international seal of approval for practices that the ICC would normally punish. This strategy has system‐wide consequences in that repeated mislabelling of rights violations as compliant with international norms causes the meaning of compliance to become incoherent, and norms are less able to constrain the behaviour of all states in the long run.     

The African Union and the International Criminal Court: counteracting the crisis

In October 2016, South Africa became the first nation to withdraw from the Rome Statute of the International Criminal Court (ICC), after Burundi began taking steps to leave it. Kenya is likely to follow, and other states, like Uganda, could take the same cue. The ICC is facing the most serious diplomatic crisis of its history, with the African Union (AU) denouncing double standards, neo‐colonialism and ‘white justice’, and regularly threatening to withdraw from the Rome Statute en masse. This article adopts both an interdisciplinary and a pragmatic policy‐oriented approach, with the aim of producing concrete recommendations to counteract the crisis. It firstly outlines the context of this crisis which, although not new, is becoming increasingly serious. It then responds to the AU's objections to the ICC. The court's ‘Afro‐centrism’ is explained by objective facts (the occurrence of mass crimes taking place on the African continent, the large number of African parties to the Rome Statute, the principle of complementarity) as well as by subjective decisions (a convergence of interest between the African leaders who brought the cases to the court themselves to weaken their opponents, and the prosecutor who needed quickly to find cases). Afro‐centrism should also be nuanced, as the ICC has already shown an interest in cases outside Africa and the extent to which it is a problem is a matter of perspective. The article also responds to the ‘peace vs justice’ objection, and emphasises that African states were instrumental in creating and sustaining the ICC. It finally formulates recommendations to ease relations between the ICC and AU, such as to investigate more outside Africa, reinforce African national jurisdictions, create intermediary institutional structures, promote regional‐level action, and rely more on ICC‐friendly African states and African civil society.     

Humanitarianism,genocide and liberalism

The international response to genocide and human rights violations has received increasing attention by scholars in the humanities and social sciences. This article explores the history of the response to mass atrocity by assessing recent work on humanitarianism as an idea and in practice in the West. It argues that the impulse to defend the rights of others historically has been tied up with geopolitical and imperial concerns that shaped European politics. The current embrace of the responsibility to protect, or ‘R2P’, and debates over whether or not to recognize and prosecute perpetrators of past atrocities from the Armenian genocide to Rwanda remain embedded in this longer history of humanitarianism and geopolitics. As recent work on humanitarian intervention, the anti-slavery movement and humanitarianism and foreign policy demonstrates, the pressing need to understand the response to atrocity has called scholars to more fully participate in the contemporary conversation over human rights by exploring its roots in humanitarian practices of the recent and not so recent past. Understanding the history of humanitarianism as it connects both with the history of human rights and liberal ideals offers an important way of reassessing the role of the nation-state and international institutions in responding to human rights crisis. The article concludes by suggesting that scholars move away from the question of the origin of human rights as an idea to focus on historicizing the response to humanitarian crisis in order to problematize the story of the rise of western-led human rights regimes.     

“Vote with your feet”: Neoliberalism,the democratic nation-state,and utopian enclave libertarianism

This paper examines a series of emerging utopian discourses that call for the creation of autonomous libertarian enclaves on land ceded by or claimed against existing states. These discourses have emerged in the aftermath of the 2008 financial crisis and can be seen as a response to the crisis on the part of free-market advocates who critique previous waves of neoliberal reform for failing to radically transform the existing structures of the state. Enclave libertarianism seeks to overcome neoliberal capitalism's contradictory relationship to the liberal democratic state by rethinking the state as a “private government service provider” and rethinking citizens as mobile consumers of government services. Citizens are thus called to “vote with their feet” by opting-in to the jurisdiction that best fits their needs and beliefs. The paper argues that these utopian imaginaries are key to understanding specific new manifestations of post-crisis neoliberalism, and calls for more research into the diversity of discourses and imaginaries that circulate through networks of neoliberal actors beyond specific policy initiatives.     

The ‘woman‐in‐conflict’ at the UN Security Council: a subject of practice

Since the adoption of UN Security Council Resolution 1325, the woman‐in‐conflict has emerged as a central figure in the discourse of the UNSC Women, Peace and Security policy community. She is an ever‐present referent in discussions, the person in whose name critique is launched or action demanded. This figure is a representation of the needs and interests of the uncountable, faceless and nameless women affected by and living through war; a representation that takes place through imbuing her with particular meaning or characteristics. These meanings shape how the figure is understood in Women, Peace and Security discourse, which, in turn, constructs the horizons of possibility for both current and future policy and its implementation. This article explores how this figure is produced as a subject through layers of representation and is deeply embedded in the practices and relationships of power in the policy community. It suggests that accounting for these will offer an opportunity for feminist advocates to engage in this institutional space in more considered and effective ways.     

Ownership matters: Natural resources property rights and social conflict in Sub-Saharan Africa

Empirical tests of the “resource curse” thesis have provided inconclusive evidence for the claim that natural resource abundance increases the risk of social conflict. The present article argues, based on a novel political economy framework and a new data set, that it is important to analyze how states regulate the access to their natural resources to understand the interrelationship between resources and public resistance against resource extraction arrangements. We claim that international rather than state resource ownership fosters the regional protest potential and overshadows the efficiency gains that foreign investment might create. Especially the siphoning of resource rents to international owners instigates resentment among the local population. Distinguishing between private, public, domestic and international ownership arrangements, we assess the effects of natural resources control rights regimes on state repression using new GIS-based data on diamond and gold mines as well as oil and gas fields in Sub-Sahara Africa. Our multilevel analysis shows that repression as an answer to societal dissent is particularly likely in grids hosting international oil companies. Furthermore, we find that international oil firms further state repression especially under insecure property rights.     

Feminist Activism and the Politics of Reform: When and Why Do States Respond to Demands for Gender Equality Policies?

Under what conditions is gender equality policy advocacy successful? This article examines a segment of the largely quantitative comparative political science literature that seeks to answer this question. Recent scholarship emphasizes such factors as the strength of women's movements and the forms of opposition to which their policy demands give rise. However, one consequence of this approach is that the role of strategic choices made by feminist policy advocates is underestimated in explaining their successes. The article argues that understanding variation in the outcomes achieved by women's rights advocates requires close attention to the strategic capacity of policy entrepreneurs, assessed in terms of three inter‐related activities: (1) ‘framing’ policy demands; (2) forming and managing civic alliances; and (3) engaging with state entities without compromising organizational autonomy.     

An Economic Reading of the Exodus: On the Institutional Economic Reconstruction of Biblical Cooperation Failures

In difference to Genesis, in Exodus interactions between Egypt and Israel broke down. The paper argues that Moses and pharaoh acted like “rational fools” when they escalated problems regarding industrial relations and common pool resources. Pluralism was not mastered as an interaction condition in cross-cultural, “inter-national” relations. The paper explores these issues through the concept of the prisoners' dilemma, in which mutual loss is the outcome. The unsuccessful ordering of economic institutions (governance structures, property rights arrangements, reward systems) is suggested as the key source of conflict. In this way, the paper develops the thesis that the Bible can be read as an economic text which instructs the organisation of human interactions in rational, economic terms. The exodus is not analysed in a more conventional, theological tradition as the resolution of conflict over religious values and the escape of Israel from a claimed system of slavery     

Australia and the promise and the perils of humanitarian diplomacy

ABSTRACT

Humanitarian diplomacy has always been a crucial element of humanitarianism, however it is now becoming a more prominent element of states’ foreign policies. It holds many attractions and much promise. It provides states with a way of expressing important qualities of international empathy and solidarity and can also enhance a state’s international reputation and provide valuable means for building relationship of trust and cooperation. This can in turn can be conducive to a state’s broader foreign policy objectives. However, there are also perils to the incorporation of humanitarian diplomacy into a state’s foreign policy. It can generate ambiguity and even conflict within a state’s diplomatic endeavours due to tensions between humanitarian and broader national interests. In exploring these issues it is useful to distinguish between humanitarian diplomacy and humanitarianism as diplomacy. This article explores these issues in relations to Australia’s diplomacy. It argues that Australia has actively engaged in humanitarian diplomacy and humanitarianism as diplomacy. Whilst the two are often complementary, there are areas in which they have been in tension and even at odds. This has implications for Australia’s international reputation but also for its capacity to undertake genuine and effective humanitarian action.     

Of resilient places: planning for urban resilience

This paper argues that resilience of a place cannot necessarily be associated only with the level of its vulnerability to the environment or security. A place-based perspective to resilience helps understand the capacity of communities to withstand or adapt with change. Resilience of a place does not only refer to contingencies—such as formulating immediate responses to crisis situations or incidents such as earthquakes, floods or other disasters in vulnerable areas—but also considers long-term mitigation and adaptation strategies to face social, economic and environmental challenges. To this purpose, the paper applies an evolutionary resilience framework to the case of Transition towns in the UK as resilient places in terms of their capacity for learning, robustness, ability to innovate and adaptability to change. In conclusion, socially innovative actions and initiatives are found to be a primary source of resilience through bottom-up creativity among communities and stakeholders to help improve social relations, support socio-political empowerment and fulfil the basic needs of the people.     

Can UN arms embargoes in Africa be effective?

Calls in 2007 for new UN sanctions on Iran and Burma reflect a current swing back in favour of using sanctions as a way of putting pressure on a regime without resorting to direct military engagement. This article assesses the effectiveness of UN sanctions in Africa and in particular of the most commonly imposed form of sanctions—the arms embargo. The article argues for an analysis of what sanctions achieve and suggests that for the most part UN embargoes have not stopped weapons reaching Africa not only because of the lack of capacity to implement them in some states, but also because of the lack of political will in others. In some post‐conflict situations such as Liberia, UN sanctions have been adapted to support economic reconstruction and security sector reform effectively. However, in the future there is likely to be a decrease in the use of UN sanctions in Africa but an increase in their use by the Africa Union and some of Africa's Regional Economic Communities.     

Transforming the Developmental Welfare State in East Asia

This article attempts to explain changes and continuity in the developmental welfare states in Korea and Taiwan within the East Asian context. It first elaborates two strands of welfare developmentalism (selective vs. inclusive), and establishes that the welfare state in both countries fell into the selective category of developmental welfare states before the Asian economic crisis of 1997. The key principles of the selective strand of welfare developmentalism are productivism, selective social investment and authoritarianism; inclusive welfare development is based on productivism, universal social investment and democratic governance. The article then argues that the policy reform toward an inclusive welfare state in Korea and Taiwan was triggered by the need for structural reform in the economy. The need for economic reform, together with democratization, created institutional space in policy‐making for advocacy coalitions, which made successful advances towards greater social rights. Finally, the article argues that the experiences of Korea and Taiwan counter the neo‐liberal assertion that the role of social policy in economic development is minor, and emphasizes that the idea of an inclusive developmental welfare state should be explored in the wider context of economic and social development.     

Collateral damage: human rights consequences of counterterrorist action in the Asia–Pacific

A number of states in the Asia-Pacific region have long been recognized to be indifferent or even hostile to the international human rights regime and to have rather poor records when it comes to protection of the right to personal integrity. Since 9/11 many of these same states have become closely involved in the US-led anti-terrorist campaign, and in the course of that involvement have been identified with the serious abuse of the personal security rights of those held in detention as terrorist suspects. This article uncovers some of the bases for that indifference to human rights treaties and why the human rights records of some of these states have become of even greater concern, particularly to domestic and transnational NGOs, in the contemporary anti-terrorist era. It argues that long-standing factors associated with intra-state armed conflict and separatist rebellions, the governmental tendency to accuse domestic NGOS of following a western rights agenda, and strong attachment to the non-interference norm have undercut official governmental concerns about the abuse of the right to personal security. More recently, emulation of the worst aspects of US anti-terrorist behaviour has given rise to a sense of impunity in some cases, and has justified a militarized response to political and religious unrest in others. Finally, the difficulties that the local human rights NGOs have had in making their case to the wider domestic populations have been compounded in a climate where many of their fellow citizens are fearful of the apparent rise in support for terrorist causes and methods.     

The enforcement problem in Resolution 2094 and the United Nations Security Council sanctions regime: sanctioning North Korea

This article deconstructs United Nations Security Council (UNSC) Resolution 2094 through the preambulatory statements, objectives, obligations, and implementation and enforcement provisions of UNSC Resolution 2094. The article proceeds in three parts. First, it reviews the academic literature on UNSC sanctions and their application in the North Korean case. Second, it deconstructs UNSC Resolution 2094 according to the common structural components of international legal instruments to assess the level of congruence between the objectives of UNSC Resolution 2094, its enforcement mechanisms and outcomes. Third, it explores the weaknesses of UNSC Resolution 2094, focusing on the gap between the objectives and enforcement mechanisms found in the resolution. The inability of the UNSC sanctions regime to prevent North Korea reaching the cusp of becoming a nuclear weapons power is evidence of the international community's weak leverage over Pyongyang, a situation arising from the vulnerability of South Korea to a North Korean attack and the cross-cutting strategic priorities of China; the absence of economic linkages between the Democratic People's Republic of Korea and the primary sanctions-sender state in the USA; and North Korea's commitment to a nuclear weapons capability as the foundation of its medium-term economic development strategy, its institutional governance structure and associated ideological commitments.     

Planning reform and development rights in Greece: institutional persistence and elite rule in the face of the crisis

This paper discusses the process of development rights allocation in Greece and the changes to that process which occurred from 2009 onward. It argues that the interaction of institutions which regulate the allocation of development rights, with social practices of formal and informal land development, gives rise to development pathways which demonstrate institutional persistence. In the case of Greece, these pathways range from ‘urban development by state organisations’, to development without planning permission on land that is not owned by the developer. The crisis was a shock to the Greek governance system, yet the analysis in this paper shows that the reforms of the development rights allocation process followed the pre-existing ‘mentality of rule’. The paper therefore argues that development pathways reflect a political arrangement between the ruling elites and other social strata. The technologies of governance and the associated institutions and practices which support elite rule, were sustained, if not reinforced, during the crisis. This analytical approach therefore offers insights of relevance to other countries in Europe and around the world which contemplate reforms to their development rights allocation system.     

Drawing a line in the Taiwan Strait: 'Strategic ambiguity' and its discontents

The Bush administration's continuing emphasis on US military deterrence of the PRC on behalf of Taiwan threatens to undermine the posture of 'strategic ambiguity' that the United States has proclaimed since 1979. This article argues for the retention of 'strategic ambiguity' and traces the origins of revisionist sentiment towards this effective conflict avoidance mechanism to reactions within the US foreign policy community to the 1995-96 Taiwan Strait crisis. Case studies of this crisis and its predecessors in 1954-55 and 1958 demonstrate that US military deterrence was not a decisive factor in their resolution. US and PRC initiatives and responses in the 1950s crises introduced the essential elements of 'strategic ambiguity' into the triangular relationship between themselves and Taiwan. In particular, they established a precedent for the United States and the PRC in circumscribing the issue of Taiwan so as to achieve a political accommodation.     

Enforcing the Human Rights of Citizens and Non-Citizens in the Era of Maastricht: Some Reflections on the Importance of States

This article explores the impact of globalization in the context of human rights enforcement within the European Union. It argues that despite the growing impact of transnational forces and supranational institutions, national mechanisms are still crucial in enforcing international obligations, so that states remain critical players rather than diminishing entities. The article considers the development of human rights as a fundamental norm within the European Union, and explores the relevance of this norm for third country (i.e. non-European) nationals. It argues that restrictionist policies designed to curtail immigration and exclude asylum seekers override international human rights obligations voluntarily entered into by the European member states. Even the concept of European Union citizenship, designed in part to address the rights deficit within Europe, has not so far created a base of fundamental rights capable of trumping state interests, but rather functions primarily as an exclusionary concept directed against non-Europeans.     

A gendered human rights analysis of Ebola and Zika: locating gender in global health emergencies

Globally gender remains a key factor in differing health outcomes for men and women. This article analyses the particular relevance of gender for debates about global health and the role for international human rights law in supporting improved health outcomes during public health emergencies. Looking specifically at the recent Ebola and Zika outbreaks, what we find particularly troubling in both cases is the paucity of engagement with human rights language and the diverse backgrounds of women in these locations of crisis, when women‐specific advice was being issued. We find the lessons that should have been learnt from the Ebola experience have not been applied in the Zika outbreak and there remains a disconnect between the international public health advice being issued and the experience of pervasive structural gender inequalities among those experiencing the crises. In both cases we find that responses at the outbreak of the crisis presume that women have economic, social or regulatory options to exercise the autonomy contained in international advice. The problem in the case of both Ebola and Zika has been that leaving structural gender inequalities out of the crisis response has further compounded those inequalities. The article argues for a contextual human rights analysis that takes into account gender as a social and economic determinant of health.     

A special responsibility to protect: the UK,Australia and the rise of Islamic State

In the summer of 2014 Islamic State in Iraq and Syria (ISIS) emerged as a threat to the Iraqi people. This article asks whether the UK and Australia had a ‘special’ responsibility to protect (R2P) those being threatened. It focuses on two middle‐ranking powers (as opposed to the US) in order to highlight the significance of special responsibilities that flow only from the principle of reparation rather than capability. The article contends that despite casting their response in terms of a general responsibility, the UK and Australia did indeed bear a special responsibility based on this principle. Rather than making the argument that the 2003 coalition that invaded Iraq created ISIS, it is argued that it is the vulnerable position in which Iraqis were placed as a consequence of the invasion that grounds the UK and Australia's special responsibility to protect. The article addresses the claim that the UK and Australia were not culpable because they did not act negligently or recklessly in 2003 by drawing on Tony Honoré's concept of ‘outcome responsibility’. The finding of a special responsibility is significant because it is often thought of as being more demanding than a general responsibility. In this context, the article further argues that the response of these two states falls short of reasonable moral expectations. This does not mean the UK and Australia should be doing more militarily. R2P does not begin and end with military action. Rather the article argues that the special responsibility to protect can be discharged through humanitarian aid and a more generous asylum policy.