Human Rights
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Stanford Law School, the Stanford Rule of Law Program, the Center on Democracy, Development, and the Rule of Law, Santa Clara University School of Law, and the Santa Clara Institute of International and Comparative Law will host a Global Jurisprudence Colloquium at Stanford University on March 17-18, 2005, on the theme of Decisions of International Legal Institutions: Compliance and Enforcement. The Colloquium will provide leading judges from a number of key international courts and tribunals with an opportunity to interact and share with the Stanford community and the public their insights into issues presented by the growing use of international courts to promote the rule of law.

Distinguished international jurists scheduled to participate in the Colloquium include Judges Higgins and Owada of the International Court of Justice, Judges Pillay and Song of the International Criminal Court, President Meron and Judge Robinson of the International Criminal Tribunal for the Former Yugoslavia, Judge Mumba of the International Criminal Tribunal for Rwanda, Judge Ameli of the Iran-United States Claims Tribunal, Judge Kokott of the European Court of Justice, Judge Greve of the European Court of Human Rights, and President Robertson of the Special Court for Sierra Leone.

On March 18, the Colloquium participants, joined by distinguished international law and international relations faculty, will hold three panel discussions, each on a particular theme related to the historic challenge to improve enforcement of international law and efforts to enhance the rule of law. These panel discussions will be held at Stanford Law School and are open to the University community and the public.

Room 290, Stanford Law School

Symposiums
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Although interest among sociologists in the consolidation and expansion of an international human rights regime has grown in recent years, little attention is accorded the formal procedures that allow individuals aggrieved by states to appeal directly to an international audience. Using data for 82 countries between 1976 and 1999, this article examines the political and cultural factors that affect the number and rate of individual human rights abuse claims filed with Human Rights Committee. Negative binomial and event history analyses indicate that a country's favorable human rights practices, political democracy, and membership in most non-Western civilizations significantly reduce the number and rate of claims emanating from a country. Conversely, extensive participation in international non-governmental organizations, membership in Western civilization, and intra-state diffusion processes increase the number and rate of claims filed against a country. Other factors, including post-communist regime changes, state participation in international governmental organizations, the World Human Rights Conference, and GDP per capita, have no impact. Results suggest that claims alleging state abuse of human rights

  1. increase as a country's human rights practices worsen;
  2. decline as effective means of recourse become available domestically; and
  3. increase with the cultural empowerment of individuals.
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The new millennium began with the triumph of democracy and markets. But for whom is life just, how so, and why? And what is being done to correct persisting injustices? Blending macro-level global and national analysis with in-depth grassroots detail, the contributors highlight roots of injustices, how they are perceived, and efforts to alleviate them. Following up on issues raised in the groundbreaking best-seller Power and Popular Protest: Latin American Social Movements (California, 2001), these essays elucidate how conceptions of justice are socially constructed and contested and historically contingent, shaped by people's values and institutionally grounded in real-life experiences. The contributors, a stellar coterie of North and Latin American scholars, offer refreshing new insights that deepen our understanding of social justice as ideology and practice.

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University of California Press, in "What Justice? Whose Justice?"
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Terry L. Karl
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In 1995 the Commission argued that "the European Union has gradually come to define itself in terms of the promotion of [human] rights and democratic freedoms."1 Over the last decade, the identification of the European Union with a set of common values - not always fully articulated but with human rights and democracy at their heart - has become an increasingly important part of EU policy-making, both internally and externally.

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Feisal Istrabadi is the Deputy Permanent Representative of Iraq to the United Nations, and one of Iraq's most important constitutional thinkers. He was one of the principal legal drafters of Iraq's interim constitution (adopted on March 8 of 2004) and the lead author of its Bill of Fundamental Rights. During 2002-2003 he was a member of the Democratic Principles Working Group and the Transitional Justice Working Group of the Future of Iraq project. A native of Iraq, he was schooled in the United States and practiced law in the central United States for fifteen years, with extensive trial and appellate court experience. He holds Bachelor's of Science and Doctor of Jurisprudence degrees from Indiana University, and has been a senior fellow at the International Human Rights Law Institute, College of Law, DePaul University, Chicago.

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Feisal Istrabadi Deputy Permanent Representative of Iraq to the United Nations
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Feisal Istrabadi is the Deputy Permanent Representative of Iraq to the United Nations, and one of Iraq's most important constitutional thinkers. He was one of the principal legal drafters of Iraq's interim constitution (adopted on March 8 of 2004) and the lead author of its Bill of Fundamental Rights. During 2002-2003 he was a member of the Democratic Principles Working Group and the Transitional Justice Working Group of the Future of Iraq project. A native of Iraq, he was schooled in the United States and practiced law in the central United States for fifteen years, with extensive trial and appellate court experience. He holds Bachelor's of Science and Doctor of Jurisprudence degrees from Indiana University, and has been a senior fellow at the International Human Rights Law Institute, College of Law, DePaul University, Chicago.

He will be speaking about his experiences in drafting the Iraqi interim constitution as well as the current political situation in Iraq.

Encina Basement Conference Room

Feisal Istrabadi Deputy Permanent Representative of Iraq to the United Nations
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Michael A. McFaul
Abbas Milani
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CDDRL Faculty Associate, Michael McFaul and Hoover Institution Fellow, Abbas Milani argue that Iran's nuclear program does not pose a direct threat to the United States. US leaders, therefore, need a radical new approach that would nurture change from within Iran rather than impose change from without.

Even when the European-Iranian agreement to halt Iran's uranium-enrichment program looked solid, the United States was blunt in its disapproval. The ink was barely dry on the accord when the Bush administration, it appears, began trying to derail it.

First, rather than endorse the accord, Secretary of State Colin Powell essentially accused the Iranians of lying when they said their nuclear program was for peaceful purposes. He announced that new intelligence showed Iran is developing a nuclear warhead to arm its Shahab-3 ballistic missiles. Then, at a Nov. 20 meeting of heads of state in Santiago, Chile, President Bush stated unequivocally that Iran is trying to build a nuclear weapon.

Why would the administration take such a combative stance? Because hard-liners within the administration thought Tehran would use the settlement to buy time for building nuclear weapons, and that the United States would be better off bombing Iran's suspected weapons sites.

Proponents of using military force against Iran have not yet won the argument within the Bush administration. But the past two weeks of strong pronouncements about the threat Iran poses suggest that the military option may be gaining ground. And Iran's last-minute attempts to maintain some enrichment capabilities -- which by press time Friday were threatening to kill the European agreement -- no doubt strengthened the hard-liners' hand.

Before the United States even considers such a drastic step as airstrikes against suspected nuclear weapons sites -- or even trying to compel the United Nations to endorse new economic sanctions against Iran -- it is essential that our leaders be clear about what they are trying to accomplish in Iran and whether such actions will help or hurt.

If the ultimate goal is to create a democracy -- one that would not fear the United States and therefore have less use for the bomb -- then dual-track diplomacy with Iran's government and with its people is more likely to work than military action.

Probably the most important question the administration's leaders should ask themselves is whether Iran, even a nuclear-armed Iran, poses a direct threat to the United States and its allies.

The answer, we believe, is no.

The mullahs who rule Tehran long ago gave up their ideological quest to "export'' revolution. Like the last generation of octogenarians who ruled the Soviet Union, Iran's leaders today want nuclear weapons as a means to help them preserve their power, not to help them spread their model of theocratic rule to other countries.

Deterrence works

In other words, even if Iran's rulers succeeded in building nuclear bombs, they would be very unlikely to take on the United States and its vast nuclear arsenal or to attack Israel. (The mullahs in Tehran understand that any nuclear attack against Israel would trigger full retaliation from the United States.) In dealing with Iran, deterrence works.

Tehran would also be unlikely to pass a bomb to Islamist terrorists, despite its support of Arab terrorist organizations that continue to attack Israel. One reason, again, is deterrence. Iran's rulers know that the United States would probably be able to trace the weapon back to them and retaliate.

The threat of a nuclear Iran comes, instead, from the reaction it is almost sure to spark in the region and the world, possibly sending Egypt and Saudi Arabia on their own quests for nuclear weapons.

Such an arms race would undermine the longstanding Treaty on the Non-Proliferation of Nuclear Weapons, an agreement signed by nearly 190 countries, that has proved indispensable in preventing the spread of nuclear weapons.

Bush administration hard-liners want to save that arms-control treaty by using arms. In advocating a "surgical'' military strike against Iran's most important nuclear facilities, including the once hidden enrichment plant in Natanz, they cite Israel's airstrike against Iraq's nuclear complex at Osirak in 1981 as a model of success. They argue that an American (or Israeli) strike would not end Iran's nuclear aspirations, but would dramatically slow its program and make the mullahs reconsider the costs of trying to restart it.

Attack would backfire

But a pre-emptive military strike would instead do just what the hard-liners in Tehran hope for: It would unite their people behind them.

Even a precise bombing campaign would kill hundreds if not thousands of innocent Iranians; destroy ancient buildings of historical and religious importance; trigger an Iranian counterstrike, however feeble, against American targets and friends in the region, and spur the mullahs to increase their direct support for American enemies in the Shiite part of Iraq.

Even more important, an attack would only encourage Tehran to redouble its efforts to build a bomb, just as Saddam Hussein sped up his efforts after the 1981 strike. It would also hurt the democratic opposition movement inside Iran, which is already in retreat and cannot afford another setback. After an attack, Iranians, not unlike Americans, are sure to rally around the flag and their government.

If the administration decides, in the end, that American military options are limited and counterproductive, the only serious way to impede the development of Iranian nuclear weapons is through negotiation. Iran's recent accord with France, Britain and Germany is only temporary, and negotiations are expected to continue.

If the United States were to jump in now, it could try to ensure that our European allies accept nothing less than a permanent and verifiable dismantling of Iran's enrichment capabilities, as well as banning any plutonium production.

Allowing the Iranians to enrich even some uranium, which they say will be used merely to feed their nuclear power plant, makes it too easy to cheat. To make the deal work, the United States would need to join with Europe, Russia and China in pledging to guarantee Iran a permanent and continuous supply of enriched uranium. To make the deal even more attractive, the fuel could be offered at reduced prices.

Even under the strictest inspection regime, Iran's leaders will cheat, as they have often done in the past, and they will eventually divert enriched uranium from peaceful to military purposes. But the harder and more transparent the allies can make it, the longer it will take Iran to begin building bombs.

In the long run, the world's only serious hope for stopping Iran from developing nuclear weapons is the development of a democratic government in Tehran. A democratic Iran will become an ally of the Western world no longer in need of a deterrent threat against the United States.

Democracy in Iran therefore obviously serves U.S. national interests. Yet Bush administration officials (as well as their predecessors in the Clinton, Bush and Reagan administrations) have not succeeded in developing a strategy for advancing the cause of Iranian democracy.

New strategy

What is needed is a radical new approach that would nurture change from within the country, in alliance with Iran's democratic movement, rather than impose change from without.

A first step would be to establish an American presence in Tehran, as many in Iran's democratic opposition have proposed. Now decades old, the U.S. policy of isolating Iran has not weakened but instead strengthened its autocratic government.

Of course, we are not suggesting that the United States open an embassy in Tehran and turn a blind eye to human rights abuses; that would only contribute to the further consolidation of the mullahs' hold on power. But we are suggesting a new strategy that would allow American government officials, as well as civic leaders, academics and business people, to engage directly with Iranian society.

This engagement cannot occur on a widespread scale without some level of diplomatic relations and some revision of the American sanctions against Iran. Then, more Western foundations would be able to make grants to pro-democracy Iranian organizations, while business people -- and especially the Iranian-American business community in the United States -- would be able to leverage their capital and know-how to influence economic and political change inside Iran. A U.S. presence in Iran would, not incidentally, also enhance the West's ability to monitor Iran's nuclear program.

Critics of engagement argue that diplomatic relations with Iran will reward this "axis of evil'' member for years of supporting terrorism and pursuing nuclear weapons. In fact, an American presence in Iran is the mullahs' worst nightmare.

Iran's government has long used its ongoing tensions with the United States, as well as the embargo, as an excuse for the economic difficulties that are, in fact, the direct results of the regime's incompetence and corruption. Tehran's leaders have conveniently labeled nearly all of their opponents as "agents of America.''

Most important, part of the regime's self-declared legitimacy lies in its claim to be the only Muslim country fighting what it sees as U.S. imperialism. If the United States could prove it's not an enemy of the Iranian people, the legitimacy of Iran's leaders would diminish.

Reagan's course

In the first years of his presidency, Ronald Reagan labeled the Soviet Union the "evil empire'' and went out of his way to avoid contact with such a regime.

Over time, however, Reagan charted a new course of dual-track diplomacy. He engaged Kremlin leaders (well before Gorbachev) in arms control, while also fostering contacts and information flow between the West and the Soviet people in the hope of opening them up to the possibilities of democracy.

In the long run, it was not arms control with the Soviets, but democratization within the Soviet Union, that made the United States safer.

If George W. Bush desires a foreign-policy legacy as grand as Reagan's, now is the time to think big and change course as dramatically as Reagan did.

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Alex Thier
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CDDRL Visiting Fellow J. Alexander Thier questions President Bush's assertion that Afghanistan is on a path to democracy. In three years, he notes, the United States has failed to create a secure, stable or prosperous Afghanistan.

President Bush describes Afghanistan, the first front on the war on terrorism, as a success. In comparison to Iraq, perhaps it is. But if you look at Afghanistan on its own merits, the lack of progress is disheartening. In 2002, President Bush promised a "Marshall Plan" for the country, with the goal of turning Afghanistan into a stable, democratic state. On Tuesday, before the United Nations General Assembly, the president said that "the Afghan people are on the path to democracy and freedom." Yet in nearly three years we have failed to create security, stability, prosperity or the rule of law in Afghanistan.

These failings are not just a reflection of the great difficulties of nation-building in places like Afghanistan, they are also the direct result of the Bush administration's policy decisions. Our efforts in Afghanistan are underfinanced and undermanned, and our attention is waning.

The root of the problem is that we invaded Afghanistan to destroy something - the Taliban and Al Qaeda - but we didn't think much about what would grow in its place. While we focused on fighting the terrorists (and even there our effectiveness has been questionable), Afghanistan has become a collection of warlord-run fiefs fueled by a multibillion-dollar opium economy. We armed and financed warlord armies with records of drug-running and human rights abuses stretching back two decades. Then we blocked the expansion of an international security force meant to rein in the militias. These decisions were made for short-term battlefield gain - with disregard for the long-term implications for the mission there.

Our Army continues to hunt insurgents in the mountains, but we have refused to take the steps necessary to secure the rest of the country, and it shows. More coalition and Afghan government soldiers and aid workers have died this year than in each of the previous two. This summer, Doctors Without Borders, which has worked in the most desperate and dangerous conditions around the world, pulled out of Afghanistan after 24 years. In other words, the group felt safer in Afghanistan during the Soviet occupation and the civil war that followed than it did three years after the United States-led coalition toppled the Taliban.

Last month, after a United Nations-backed voter registration office was bombed, the vice president of the United Nations Staff Union urged Secretary General Kofi Annan to pull employees out of Afghanistan. The opium trade is also out of control, fueling lawlessness and financing terrorists. Last year, the trade brought in $2.3 billion; this year, opium production is expected to increase 50 to 100 percent.

Amid terrorist attacks and fighting among regional warlords, the country is preparing for presidential elections on Oct. 9. A recent United Nations report warned that warlords were intimidating voters and candidates. This month, the Organization for Security and Cooperation in Europe, which has monitored post-conflict elections in trouble spots like Bosnia and Kosovo, declared that Afghanistan was too dangerous for its election monitors (it is sending a small "election support team'' instead). President Hamid Karzai narrowly escaped assassination last week on his first campaign trip outside Kabul, and eight other presidential candidates have called for elections to be delayed, saying it's been too dangerous for them to campaign.

Many of these problems flow from early mistakes. Rather than moving quickly to establish security and then gradually turning over control to a legitimate domestic authority, we have done the opposite. As fighting among warlord militias in the countryside intensifies, we are slowly expanding our presence and being dragged into conflicts. The American "advisers" in Afghan Army units, the ubiquitous heavily armed "private" security forces and the fortress-like American Embassy are garnering comparisons to the day of the Soviets.

In Kabul, the effort to build a stable, capable government has also lagged dangerously. President Karzai has begun to show great fortitude in challenging warlords. But his factious cabinet, born of political compromise, has collapsed under the pressure of the country's hurried presidential elections. Outside Kabul, his control remains tenuous in some places, nonexistent in others. Kabul's Supreme Court, the only other branch of government, is controlled by Islamic fundamentalists unconcerned with the dictates of Afghanistan's new Constitution. On Sept. 1, without any case before the court, the chief justice ordered that Latif Pedram, a presidential candidate, be barred from the elections and investigated for blasphemy. His crime? Mr. Pedram had suggested that polygamy was unfair to women. These clerics are trying to establish a system like that in Iran, using Islam as a bludgeon against democracy.

It's true that there have been several important accomplishments in these three years: the Taliban and Al Qaeda no longer sit in Kabul's Presidential Palace; girls are back in school in many parts of the country; some roads and buildings have been rebuilt; and more than 10 million Afghans have registered to vote for the presidential elections. Thousands of international aid workers have been working with the Afghans, often at great risk, to make things better. Despite the slow progress, most Afghans are more hopeful about their future than they have been in years.

But many people working there are left with the nagging feeling that much more could have been done both to help Afghanistan and fight terrorism over the last three years. Our experience demonstrates that you can't fight wars, or do nation-building, on the cheap. Afghanistan should be a critical election issue this year, but Iraq looms much larger in the public mind. Unless the next administration steps up to the plate, it may well be an issue in four years, when we start asking, "Who lost Afghanistan?"

J Alexander Thier, a fellow at the Hoover Institution and the Center on Democracy, Development and the Rule of Law at Stanford University, was a legal adviser to Afghanistan's constitutional and judicial reform commissions.

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Countries that ratify human rights treaties voluntarily compromise their sovereignty by subjecting their behavior to externally imposed limits and scrutiny. Why, then, is ratification so prevalent? Using data for over 130 countries between 1966 and 1999, I examine whether the content of the International Human Rights Covenants and the costs associated with their ratification affect levels of commitment. I focus specifically on three theoretical perspectives: realism, world polity institutionalism, and the clash of civilizations.

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