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Michael A. McFaul
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Michael A. McFaul - President Ronald Reagan helped to accelerate the collapse of Soviet communism and thereby end the Cold War. But his greatest contribution to the end of communism was not increased American military spending or his Strategic Defense Initiative. Rather, it was Reagan's steadfast commitment to promoting ideas about freedom and democracy that contributed most importantly to the anti-communist revolutions first in Eastern Europe in 1989 and then in the Soviet Union in 1991.
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Michael A. McFaul
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One of the decade's biggest events in Europe is happening at the end of October - the Ukrainian presidential election. The process by which the next leader of Ukraine is decided will determine that country's future orientation for years to come.

If the current government in Ukraine allows for relatively free and fair elections as the process for selecting the president, then Ukraine will be able to maintain the prospect of consolidating democracy and integrating fully into European institutions. If, however, Ukrainian President Leonid Kuchma does not allow the people to decide who will replace him, and instead wields the power of the state to undermine the democratic process, then Ukraine will have little chance to consolidate democracy, and no chance of further integrating into Europe. Instead of becoming the next Poland, that is a rising power in the heart of Europe, Ukraine will become yet another post-Soviet autocracy, following Russian dictates with no chance at all of joining the Western community of democratic states.

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Michael A. McFaul
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Last month, the foreign ministers of France, Great Britain, and Germany triumphantly announced a new accord with Iran. Formally, the agreement obligates Iran to suspend temporarily all enrichment of uranium in return for some as-yet-unspecified economic benefits, including a steady supply of enriched uranium to fuel Iran's light water nuclear reactor. Informally, the Europeans believe their diplomatic negotiations have helped to suspend Iran's nuclear weapons program. Of course, no one can claim openly that the new deal hinders a nuclear weapons program, since Iran has never admitted to having one. Still, the Europeans proudly point to their accomplishment as proof that diplomacy works.
Last month, the foreign ministers of France, Great Britain, and Germany triumphantly announced a new accord with Iran. Formally, the agreement obligates Iran to suspend temporarily all enrichment of uranium in return for some as-yet-unspecified economic benefits, including a steady supply of enriched uranium to fuel Iran's light water nuclear reactor. Informally, the Europeans believe their diplomatic negotiations have helped to suspend Iran's nuclear weapons program. Of course, no one can claim openly that the new deal hinders a nuclear weapons program, since Iran has never admitted to having one. Still, the Europeans proudly point to their accomplishment as proof that diplomacy works.
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This talk will analyze the evolution of lawfare, what Jeremy Bentham called "an irregular system of warfare." Meierhenrich introduces lawfare as a conceptually and analytically distinct type of warfare, and a political strategy not previously theorized in any systematic fashion. In his conceptualization, lawfare is a revolutionary strategy for broadcasting power, by which he means a strategy aimed at the systematic and comprehensive overhaul of the foundations of politics and society. This strategy comprises, inter alia, constitutional enactments, ordinary legislation, presidential decrees, and other regulatory instruments. Based on evidence from cases, Meierhenrich illustrates the economy with which the strategy of lawfare may be used and the ingenuity that it requires. Restating an influential aphorism, he shows how law made the state, and the state made law. By so doing, he explains why this irregular system of warfare stands in much higher favor with men in general than that which is carried on by open force -- illustrating the dark side of democracy and the rule of law.

About the speaker:

Jens Meierhenrich is Assistant Professor of Government and of Social Studies at Harvard University, where he is also a Faculty Associate at the Weatherhead Center for International Affairs. He recently served as the Carlo Schmid Fellow in Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia, and has previously worked with Luis Moreno Ocampo, the Chief Prosecutor of the International Criminal Court. Professor Meierhenrich is the author of a genocide trilogy, forthcoming from Princeton University Press, comprising "The Rationality of Genocide," "The Structure of Genocide," and "The Culture of Genocide." His book "The Legacies of Law" on the function of legal norms and institutions in the transition to - and from - apartheid, is currently under review. Meierhenrich's publications also include a series of articles on comparative and international law and politics. Work in progress includes a book on judicial responses to the 1994 genocide in Rwanda, a comparative analysis of international courts and tribunals, and a long-term project on state formation and state collapse. He has conducted extensive field research in several international organizations as well as in Africa, Asia, Europe, and Latin America.

Jens Meierhenrich was a Rhodes Scholar at Oxford University, where he earned a D.Phil. in politics and international relations.

CISAC Conference Room

Jens Meierhenrich Assistant Professor of Government and of Social Studies Speaker Harvard University
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About the talk:

Are property rights obtained through dubious means forever tainted with original sin or can rightholders make their ill-gotten gains legitimate by doing good works? Using an experiment embedded in a survey of 1600 residents of conducted in Russia in October 2006, I find that the original sin of an illegal privatization is difficult to expunge, but that businesspeople can improve the legitimacy of property rights by doing good works, such as providing public goods.

About the speaker:

Timothy Frye is a Professor of Political Science at Columbia University. His research and teaching interests are in comparative politics and political economy with a focus on the former Soviet Union and Eastern Europe. He is the author of Brokers and Bureaucrats: Building Markets in Russia, (Michigan Press 2000), which won the 2001 Hewett Prize from the American Association for the Advancement of Slavic Studies. He has published articles on property rights, the rule of law, protection rackets, economic reform, presidential power, and trade liberalization. Current projects include a book manuscript on the politics of economic reform in 25 postcommunist countries from 1990-2002 and articles on property rights and the rule of law drawing on surveys of business elites and the mass public in Russia.

Timothy Frye received his Ph.D. in political science from Columbia University in 1997. He has an MIA degree from the School of International and Public Affairs at Columbia University, and a BA in Russian language and literature from Middlebury College.

This event is co-sponsored by the Center for Russian, East European and Eurasian Studies (CREES), under Title VI of the Department of Education.

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Timothy Frye Professor of Political Science Speaker Columbia University
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The Pinochet Case

Patricio Guzman's The Pinochet Case investigates the legal origins of the case against Augusto Pinochet, the general who overthrew President Salvador Allende of Chile in 1973. This documentary follows the legal cases that ultimately led to Pinochet being arrested and tried for his crimes against humanity committed over the 25 years that he ruled Chile.

Carlos Castresana received his law degree in 1979 from Complutense University, Madrid, Spain. He served as a District and Examine Judge, and Court Magistrate for a number of years, before becoming a member of the Public Prosecutors of Spain, where he worked in the Anti-drug and Anti-corruption Special Offices. In 2005, he was appointed Prosecutor of the Supreme Court. He was also a professor of criminal law at the University Carlos III, Madrid.

Mr. Castresana authored the formal complaint and subsequent reports in the Pinochet Case before the Audiencia Nacional in Spain. He has served as an expert in international legal cooperation and other issues in Europe and Latin America, under appointment of the United Nations, European Union, and Council of Europe. He received the Human Rights National Award in Spain in 1997, was awarded the Doctorate Honoris causa from the Guadalajara University, Mexico in 2003, and the Certificate of Honor from the City and County of San Francisco in 2004. Mr. Castresana teaches courses on human rights in Latin America and international criminal law and is coordinator of Project H32, in the United Nation's Office of Narcotics and Crime in Monterrey, Mexico.

Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.

Stanford Film Lab
Margaret Jacks Hall, Lower Level
Stanford University
Stanford, CA 94305

Carlos Castresana Coordinator of Project H32 Speaker the United Nations' Office of Narcotics and Crime
Conferences
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Luis Moreno-Ocampo was unanimously elected by the Assembly of States Parties to the Rome Statute of the International Criminal Court on April 21, 2003. Between 1984 and 1992, as a prosecutor in Argentina, Mr. Moreno-Ocampo was involved in precedent-setting prosecutions of top military commanders for mass killings and other large scale human rights abuses.

He was assistant prosecutor in the "Military Junta" trial against Army commanders accused of masterminding the "dirty war," and other cases of human rights violations by the Argentine military. Mr. Moreno-Ocampo was the prosecutor in charge of the extradition from investigation and prosecution of guerrilla leaders and of those responsible for two military rebellions in Argentina. He also took part in the case against Army commanders accused of malpractice during the Malvinas/Falklands war, as well as in dozens of major cases of corruption.

In 1992, Mr. Moreno-Ocampo resigned as Chief Prosecutor of the Federal Criminal Court of Buenos Aires, and established a private law firm, Moreno-Ocampo & Wortman Jofre, which specializes in corruption control programs for large firms and organizations, criminal and human rights law. Until his election as Chief Prosecutor of the International Criminal Court, Mr. Moreno-Ocampo worked as lawyer and as Private Inspector General for large companies. He also took on a number of pro bono activities, among others as legal representative for the victims in the extradition of former Nazi officer Erich Priebke to Italy, the trial of the chief of the Chilean secret police for the murder of General Carlos Prats, and several cases concerning political bribery, journalists' protection and freedom of expression.

Mr. Moreno-Ocampo also worked with various local, regional, and international NGO's. He was the president of Transparency International for Latin America and the Caribbean. The founder and president of Poder Ciudadano, Mr. Moreno-Ocampo also served as member of the Advisory Board of the "Project on Justice in Times of Transition" and "New Tactics on Human Rights."

Mr. Moreno-Ocampo has been a visiting professor at both Stanford University and Harvard University.

Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.

Building 260, Room 113
Stanford University
Stanford, CA 94305

Luis Moreno-Ocampo Chief Prosecutor Speaker the International Criminal Court, the Hague
Lectures
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