Stanford University

Crime

Transitional Justice and the Khmer Rouge Trials in Cambodia

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Motoo Noguchi is a professor at UNAFEI (United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders) in Tokyo, serving concurrently as senior attorney at the Ministry of Foreign Affairs, International Legal Affairs Bureau.

He started his career as public prosecutor at the Ministry of Justice in 1985 and has accumulated considerable experience in criminal investigations and trials. He also has long experience in the provision of legal technical assistance for developing countries in Asia including Cambodia, firstly as professor at the Research and Training Institute of the Ministry of Justice, then as counsel at the Asian Development Bank, and currently as professor at UNAFEI. Noguchi was appointed in May 2006 to be one of three international judges of the Appeals Chamber of the Khmer Rouge Trials by the government of Cambodia. The trial will bring to justice members of the Khmer Rouge government accused of massacres in the 1970s. The United Nations created the tribunal in 2003 to try former Khmer Rouge Leaders.

Motoo Noguchi is a Graduate of University of Tokyo, Faculty of Law. He was a visiting scholar at University of Washington, Law School, USA from 1992-93 and a visiting professional at the International Criminal Court in The Hague, Netherlands in 2005. He was a visiting fellow at Yale last fall and will be a visiting scholar at Stanford Law School during his stay at Stanford in January.

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Motoo Noguchi International Judge Speaker UN/Cambodian Trials of Khmer Rouge in Cambodia
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Zachary Kaufman

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Pre-doctoral Fellow 2005 - 2006
Zachary_Kaufman.jpg MA

Zachary Kaufman is currently a Juris Doctorate (JD) candidate at Yale Law School, where he is Managing Editor of the Yale Human Rights & Development Law Journal, Articles Editor of the Yale Journal of International Law, Policy Editor of the Yale Law & Policy Review, and co-founder and co-president of Yale Law Social Entrepreneurs. At the same time, Mr. Kaufman is completing his D.Phil (PhD) degree in International Relations at the University of Oxford, where he was a Marshall Scholar from 2002-05.He was a CDDRL Pre-Doctoral Fellow (2005-2006).

Kaufman's dissertation is an analysis of the U.S. government policy objectives in supporting the establishment of four war crimes tribunals: the International Military Tribunal (the Nuremberg Tribunal), the International Military Tribunal for the Far East (the Tokyo Tribunal), the United Nations International Criminal Tribunal for the former Yugoslavia, and the United Nations International Criminal Tribunal for Rwanda.

Kaufman's professional experience has focused on the investigation, apprehension, and prosecution of suspected perpetrators of atrocities, including genocide, war crimes, crimes against humanity, and terrorism. He has served at the U.S. Department of State, the U.S. Department of Justice, the UN International Criminal Tribunal for the former Yugoslavia, and the UN International Criminal Tribunal for Rwanda. Kaufman also was the first American to serve at the International Criminal Court, where he was policy clerk to the first Chief Prosecutor.

Kaufman is the founder, president, and chairman of the Board of Directors of the American Friends of the Kigali Public Library; co-founder and Executive Director of Marshall Scholars for the Kigali Public Library; and an Honorary Member of the Rotary Club of Kigali-Virunga, Rwanda. Together, these three non-profit organizations are fundraising and collecting books for, raising public awareness about, and building Rwanda's first public library, the Kigali Public Library. Kaufman is also a Board Member and Senior Fellow of Humanity in Action, which, in order to engage student leaders in the study and work of human rights, sponsors an integrated set of education programs and internships for university students in Europe and the United States.

In 2004, Kaufman received his M.Phil (Master's) degree in International Relations from the University of Oxford. In 2000, Kaufman received his B.A. (Bachelor's) degree with honors in Political Science from Yale University.

David Backer

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Post-doctoral Fellow 2005 - 2006
PhD

David Backer is a post-doctoral Fellow (Ph.D. Michigan) at CDDRL. His dissertation project was an evaluation of the impact of participation by victims in South Africa's Truth and Reconciliation Commission (TRC). He is extending this research by comparing attitudes of victims and the general public, as well as conducting a longitudinal study of victims' attitudes about reparations. In addition, he is undertaking a parallel study of victims' responses to the truth commission processes in Ghana, Nigeria and Sierra Leone.

In another project, Backer looks at modes of transitional justice around the world and their effects on political development including regime stability, human rights practices, inter-group conflict, political violence and rates of violent crime.

Addressing State Failure

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In today's increasingly interconnected world, weak and failed states pose an acute risk to U.S. and global security. Indeed, they present one of the most important foreign policy challenges of the contemporary era. States are most vulnerable to collapse in the time immediately before, during, and after conflict. When chaos prevails, terrorism, narcotics trade, weapons proliferation, and other forms of organized crime can flourish. Left in dire straits, subject to depredation, and denied access to basic services, people become susceptible to the exhortations of demagogues and hatemongers. It was in such circumstances that in 2001 one of the poorest countries in the world, Afghanistan, became the base for the deadliest attack ever on the U.S. homeland, graphically and tragically illustrating that the problems of other countries often do not affect them alone.

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Foreign Affairs
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Stephen D. Krasner
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Alberto Díaz-Cayeros

Encina Hall, C149
616 Jane Stanford Way
Stanford, CA 94305

(650) 725-0500
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Senior Fellow, Freeman Spogli Institute for International Studies
Professor, by courtesy, of Political Science
alberto_diaz-cayeros_2024.jpg MA, PhD

Alberto Díaz-Cayeros is a Senior Fellow at Stanford University's Freeman Spogli Institute for International Studies (FSI), and co-director of the Democracy Action Lab (DAL), based at FSI's Center on Democracy, Development and Rule of Law (CDDRL). His research interests include federalism, poverty relief, indigenous governance, political economy of health, violence, and citizen security in Mexico and Latin America.

He is the author of Federalism, Fiscal Authority and Centralization in Latin America (Cambridge, reedited 2016), coauthored with Federico Estévez and Beatriz Magaloni, of The Political Logic of Poverty Relief (Cambridge, 2016), and of numerous journal articles and book chapters.

He is currently working on a project on cartography and the developmental legacies of colonial rule and governance in indigenous communities in Mexico.

From 2016 to 2023, he was the Director of the Center for Latin American Studies at Stanford University, and from 2009 to 2013, Director of the Center for US-Mexican Studies at UCSD, the University of California, San Diego.

Affiliated faculty at the Center on Democracy, Development and the Rule of Law
Co-director, Democracy Action Lab
Director of the Center for Latin American Studies (2016 - 2023)
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The Rule of Law as Transition to Democracy in China

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This paper assesses Pan Wei's proposal for a 'consultative rule of law system' for China, finding it a potentially important step along the path of political reform. China urgently needs political reform to deal with the rapidly mounting problems of corruption, abuse of power, financial scandals, rising crime and inequality, and declining legitimacy of the Chinese Communist Party. A rule of law, with an independent judiciary and other autonomous institutions of horizontal accountability, is vital if China is to rein in these problems and deliver better, fairer, more transparent and effective governance. However, Pan Wei's proposed system goes only part of the way toward addressing the deficiencies of governance in China, and is therefore best viewed as a transitional framework. To work, horizontal accountability must be supplemented with and reinforced by vertical account ability, through competitive elections, which give local officials an incentive to serve the public good and enable bad officials to be removed by the people. Ultimately, I argue, China can only achieve adequate and enduring political accountability by moving toward democracy. Among the other issues addressed in the paper are the architecture and appointment of a system of horizontal accountability for China; the role of the Communist Party (or its successor hegemon) in a 'rule of law' system; and the timing and phasing of the transition to a rule of law.

Reprinted in Suisheng Zhao, ed., Debating Political Reform in China: Rule of Law vs. Democratization, 2006.

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Journal of Contemporary China
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Larry Diamond
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Civil Wars and State-Building in Africa and Eurasia

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This book compares sub-Saharan Africa and the former Soviet Union, two regions beset by the breakdown of states suffering from extreme official corruption, organized crime extending into warlordism, and the disintegration of economic institutions and public institutions for human services. The contributors not only study state breakdown but also compare the consequences of post-communism with those of post-colonialism.

This chapter looks at the processes of state formation in postcolonial Africa and the former Soviet Union and asks whether those processes make African and Eurasian states especially vulnerable to civil war. In particular, we ask whether the experience of Africa's postcolonial states suggests a similar historical trajectory for the new states that emerged in Eurasia at the beginning of the 1990s. We argue that, despite important differences between the two historical experiences, conditions surrounding state formation in Africa and post-Soviet Eurasia have inhibited the formation of stable and legitimate states and have made war more likely.

The chapter beings by outlining three broad explanatory factors that scholars have used in trying to explain civil wars since 1945: ethnicity, nationalism, and globalization. We argue that these explanations neglect what Klaus Gantzel referred to as "the historicity of war," by which he means "the structural dynamics which condition the emergence and behaviour of actors" in any given period (Gantzel 1997, 139). We then suggest that a focus on state formation is helpful in providing the historical context for understanding civil wars. After surveying the experience of state-building in postcolonial Africa and in Eurasia, we conclude with comparisons and contrasts between the regions.

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Woodrow Wilson Center Press, in "Beyond State Crisis: Postcolonial Africa and Post-Soviet Eurasia in Comparative Perspective"
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Stephen J. Stedman

Abiding Sovereignty

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Over the several hundred years during which the rules of sovereignty including non-intervention and the exclusion of external authority have been widely understood, state control could never be taken for granted. States could never isolate themselves from the external environment. Globalization and intrusive international norms are old, not new, phenomena. Some aspects of the contemporary environment are uniquethe number of transnational nongovernmental organizations has grown dramatically, international organizations are more prominent; cyber crime could not exist without cyber space. These developments challenge state control. A loss of control can precipitate a crisis of authority, but even a crisis of authority is only a necessary but not a sufficient condition for developing new authority structures. New rules could emerge in an evolutionary way as a result of trial and error by rational but myopic actors. But these arrangements, for instance international policing, are likely to coexist with rather than to supplant conventional sovereign structures. Sovereigntys resilience is, if nothing else, a reflection of its tolerance for alternatives.

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International Political Science Review
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Stephen D. Krasner
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Terry L. Karl

Department of Political Science
Encina Hall
Stanford University
Stanford, CA 94305-6044

(650) 724-4166 (650) 724-2996
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Professor of Political Science
Gildred Professor of Latin American Studies
William and Gretchen Kimball University Fellow
Senior Research Scholar (by courtesty) of FSI/CDDRL
terrykarl.png MA, PhD

Professor Karl has published widely on comparative politics and international relations, with special emphasis on the politics of oil-exporting countries, transitions to democracy, problems of inequality, the global politics of human rights, and the resolution of civil wars. Her works on oil, human rights and democracy include The Paradox of Plenty: Oil Booms and Petro-States (University of California Press, 1998), honored as one of the two best books on Latin America by the Latin American Studies Association, the Bottom of the Barrel: Africa's Oil Boom and the Poor (2004 with Ian Gary), the forthcoming New and Old Oil Wars (with Mary Kaldor and Yahia Said), and the forthcoming Overcoming the Resource Curse (with Joseph Stiglitz, Jeffrey Sachs et al). She has also co-authored Limits of Competition (MIT Press, 1996), winner of the Twelve Stars Environmental Prize from the European Community. Karl has published extensively on comparative democratization, ending civil wars in Central America, and political economy. She has conducted field research throughout Latin America, West Africa and Eastern Europe. Her work has been translated into 15 languages.

Karl has a strong interest in U.S. foreign policy and has prepared expert testimony for the U.S. Congress, the Supreme Court, and the United Nations. She served as an advisor to chief U.N. peace negotiators in El Salvador and Guatemala and monitored elections for the United Nations. She accompanied numerous congressional delegations to Central America, lectured frequently before officials of the Department of State, Defense, and the Agency for International Development, and served as an adviser to the Chairman of the House Sub-Committee on Western Hemisphere Affairs of the United States Congress. Karl appears frequently in national and local media. Her most recent opinion piece was published in 25 countries.

Karl has been an expert witness in major human rights and war crimes trials in the United States that have set important legal precedents, most notably the first jury verdict in U.S. history against military commanders for murder and torture under the doctrine of command responsibility and the first jury verdict in U.S. history finding commanders responsible for "crimes against humanity" under the doctrine of command responsibility. In January 2006, her testimony formed the basis for a landmark victory for human rights on the statute of limitations issue. Her testimonies regarding political asylum have been presented to the U.S. Supreme Court and U.S. Circuit courts. She has written over 250 affidavits for political asylum, and she has prepared testimony for the U.S. Attorney General on the extension of temporary protected status for Salvadorans in the United States and the conditions of unaccompanied minors in U.S. custody. As a result of her human rights work, she received the Doctor of Humane Letters, honoris causa from the University of San Francisco in 2005.

Professor Karl has been recognized for "exceptional teaching throughout her career," resulting in her appointment as the William R. and Gretchen Kimball University Fellowship. She has also won the Dean's Award for Excellence in Teaching (1989), the Allan V. Cox Medal for Faculty Excellence Fostering Undergraduate Research (1994), and the Walter J. Gores Award for Excellence in Graduate and Undergraduate Teaching (1997), the University's highest academic prize. Karl served as director of Stanford's Center for Latin American Studies from 1990-2001, was praised by the president of Stanford for elevating the Center for Latin American Studies to "unprecedented levels of intelligent, dynamic, cross-disciplinary activity and public service in literature, arts, social sciences, and professions." In 1997 she was awarded the Rio Branco Prize by the President of Brazil, Fernando Henrique Cardoso, in recognition for her service in fostering academic relations between the United States and Latin America.

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Democracy and Economic Reform: Tensions, Compatibilities, and Strategies for Reconciliation

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Five years after the dramatic fall of communism in Eastern Europe, there is an opportunity to evaluate the efficacy of different forms of liberalization.

The most obvious and controversial difference between reform strategies is in the pace of transition. Previous theories of development have focused on the slow growth of Third World countries into modern economies. Some experts have ascribed current failures in Eastern Europe to the instantaneous liberalization of economies and the forceful application of tight monetary policies.

But this theory is contradicted by the fact that the most successful Eastern European countries, Poland and the Czech Republic, are those that initiated the most dramatic and rapid reforms. The authors of Economic Transition show how educate, relatively modern societies can make major changes in political and economic institutions almost overnight.

Economic Transition in Eastern Europe and Russia is a work of substantial academic merit that is also accessible to the interested layperson. Thirteen essays by acknowledged economic experts explore the rapid changes in the transition economies of Eastern Europe, with discussions on political and economic freedom, monetary control and privatization, labor markets and social safety nets, and taxation and crime.

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Hoover Institution Press in "Economic Transition in Eastern Europe and Russia: Realities of Reform", Edward Lazear, ed.
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Larry Diamond
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