Divided Memories and Reconciliation
There are two obstacles to understanding how historical memory about the wartime period has been formed in Northeast Asia. The first is the existence of persistent national myths about war memory—myths created within those nations and perceptions formed from the outside, and entrenched through the media and popular culture. The second obstacle is the lack of comparative context. The study of historical memory has, until recently, been focused almost entirely on Japan, without comparison to other principle actors in Asia such as China and Korea, or to the United States.
International Law, Human Rights, and the International Criminal Court
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.
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The US in Iraq: An Insider's View
Feisal Istrabadi is Deputy Permanent Representative of the Iraqi Mission to the United Nations, which position he has held since 2004. In 2004 he was also appointed as Ambassador Extraordinary and Plenipotentiary at the Iraqi Ministry for Foreign Affairs. As a legal advisor to the Iraqi Minister of Foreign Affairs, Mr. al-Istrabadi negotiated U.N. Security Council Resolution 1546 (June 2004). He was also a principal legal drafter of the Law of Administration of the State of Iraq for the Transitional Period, i.e. the transitional constitution of the country (2003-2004) and author of the bill of Fundamental Rights. Before engaging in the reconstruction of Iraq, Mr. al-Istrabadi had been a practicing barrister in the United States for 15 years, with approximately 70 jury and bench civil trials in federal and State courts, and numerous administrative hearings. He is a Senior Fellow for Legal Reform and Development in the Arab World, the International Human Rights Law Institute, College of Law, DePaul University, Chicago.
Ambassador Istrabadi holds a JD degree from Indiana University and a Master of Laws degree from Northwestern University.
CISAC Conference Room
Shorenstein APARC's Southeast Asia Forum co-hosts the visit and public lecture by Malaysia's former deputy prime minister
The increasing sectarian conflict in Iraq and the rise of Islamist parties like Hamas and Hezbollah have put American efforts to democratize the Middle East on hold and raised doubts among experts and policy makers about whether democracy is compatible with the Muslim faith. But in a campus appearance yesterday afternoon, former Malaysian Deputy Prime Minister Anwar Ibrahim offered an ardent defense of democracy in the Muslim world, telling a standing-room-only crowd in Bechtel Conference Center that "men and women are born free, even in the Islamic construct."
Alternating between serious and sporting through his two-hour speech, Ibrahim broached many of the issues aggravating relations between Islam and the West, including gender relations, American foreign policy, cultural assimilation in Europe and Pope Benedict XVI's recent comments about Islam. However, he was most outspoken regarding his home country - he was a political prisoner in Malaysia for over four years - and rejected the race - and religious-based affirmative action policies that benefit the Malay majority there.
Returning repeatedly to the topic of Muslim democracy, Ibrahim drew from historical references and personal experiences, citing the democratic regimes of Indonesia and Iran of 1950s.
"There was no debate then whether democracy was compatible with Islam," he said. "Fifty years later, we have our leaders in the Muslim world telling us we're not ready."
The fundamental nature of democracy and human rights is universal, Ibrahim emphasized, adding that problems begin with cultural miscommunication.
"We have to debunk and reject the notion, held by Muslims and non-Muslims alike, that to support democracy and freedom is to support America, "he said. "And it is important for Americans to realize democracy is a value cherished as much by Muslims as it is by Americans."
"Misperceptions are unfortunate," he added, elaborating on his impressions of American culture. "This is a country full of contradictions. The level of sophistication and intellectual flavor is unparalleled. So why must people be so prejudiced? Why is misunderstanding so pervasive? To say that Muslims are entirely anti-America is wrong."
Ibrahim offered scathing criticism of his fellow Muslims for violent reactions to both the publication of caricatures of Mohammad in a Danish newspaper in 2005 and to the more recent comment by Pope Benedict XVI referring to elements of Islam as "evil and inhuman." The cartoon spawned riots killing 139 in Nigeria, Libya, Pakistan and Afghanistan, while the Pope's remarks fueled a maelstrom of controversy, including the firebombing of Catholic churches throughout the Middle East and the shooting death of a nun in Somalia.
"There is a right to disagree but no one has the right to cause destruction or destroy life," he said. "No one has the right to call for the banning of newspapers."
Acknowledging that his comments were not necessarily indicative of Islamic public opinion, he said, "This view may not be shared by all Muslims, but I am prepared to confront them."
Ibrahim's penchant for speaking his mind and sticking to his principles has dogged the leader through a career of controversy. As a young Malaysian activist in the 1970s, he was arrested during a student protest and spent 20 months in a detention camp. Following a meteoric political ascent, he was named Deputy Prime Minister in 1993, and many expected that he was Prime Minister Mahathir bin Mohammad's chosen successor.
But their relationship turned sour, and in Sept. 1998 Ibrahim was stripped of party membership and incarcerated under charges of corruption and sodomy. The charges were eventually overturned and he was released in Sept. 2004.
Regarding Malaysian politics today, Ibrahim expressed distaste toward his nation's system of bumiputera - a system of economic and social policies designed to favor ethnic Malays.
"I reject affirmative action based on race," he said. "Our policies should benefit the poor and the marginalized."
Finally, he described the need for engagement between the Islamic world and the West, criticizing the "extreme" foreign policy of the United States and its refusal to negotiate with regimes like Hamas.
"That policy is flawed," he said, adding that "to refuse to engage is a recipe for disaster."
Fitzgerald, a Stanford undergraduate, visited Malaysia in September 2006 as a member of the SEAF-supported Stanford Overseas Seminar in Singapore.
Old and New Laws on Historical Injustices and Genocide: Memory, History and the Law in Contemporary France
Roger Errera is a graduate of the Paris Institut d'etudes politiques, the Paris Law School and the ENA, Ecole nationale d'administration. Mr Errera is a former senior member of the Conseil d'Etat, France's Supreme Court for administrative law. He also sat on the Conseil superieur de la magistrature. After having taught extensively in France and abroad, he is presently a Visiting Professor at the Central European University in Budapest.
A former member of the UN Human Rights Committee, Mr. Errera has worked in Central and Eastern Europe as an expert and a consultant for the European Commission of the Council of Europe on legal and judicial issues.
Mr. Errera is the founder and editor of the "Diaspora" series, a collection of essays on Judaica and Jewish affairs published in Paris by Calmann-Levy (33 books published so far). He is the author of a number of articles and essays on judicial review, public law, free speech, freedom of religion, refugee law, judicial independence and accountability, nazism and communism.
Sponsored by the Mediterranean Studies Forum, the Stanford Law School, the History Department, and the Forum on Contemporary Europe.
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The U.S.-Korea Tie: Myth and Reality
The U.S. visit this week by South Korean President Roh Moo Hyun offers yet another opportunity to bemoan the crisis of confidence in our alliance. Anti-American views, particularly among the young, remain widespread in South Korea. On an official level, there are strains over the role of U.S. troops based in Korea and a stark divergence in approaches toward North Korea.
This portrait of a troubled alliance is often contrasted with a supposed golden age in U.S.-Korean relations during the Cold War. But that view obscures a history of sharp disagreement between the two allies. It is a mythical past that stands in the way of repairing our alliance today. In reality, Korean nationalism and American strategic policy goals have often clashed. Differences over North Korea have arisen repeatedly. And anti-Americanism has been a feature of Korean life for decades.
This was true from the earliest postwar days, in a relationship born out of a fateful and poorly considered decision to divide Korea, after decades of Japanese colonial rule, into American and Soviet zones of occupation. Syngman Rhee, South Korea's first leader, was often at odds with his American backers. Washington feared Rhee would provoke a war with the communist North, even after the end of the Korean War.
Relations with Park Chung Hee, who came to power in a military coup in 1961, were even thornier. Park was a fierce Korean nationalist and, according to a close former aide, uncomfortable with Americans. The two countries collided over North Korea policy, economic goals, human rights and democracy.
In the 1970s, South Koreans developed deep doubts about the durability of the alliance, an uneasiness fed by the Vietnam debacle and the withdrawal of U.S. troops from Korea. Park defied U.S. pressure in declaring martial law in 1972, junking the constitution and jailing leading opposition figures. He launched a secret campaign of influence-peddling and bribery of American congressmen to counter U.S. criticism of his policies.
While Park feared abandonment by the United States, North Korea's Kim Il Sung worried that China, after developing ties to Washington, might sell him out. Thus Park, even though he had been the victim of two assassination attempts by North Korea, reached out to Pyongyang. During high-level talks in 1972, there was a remarkable shared belief that the major powers were the obstacle to Korean reunification.
The most alarming sign of an alliance in crisis was Park's dangerous decision to develop nuclear weapons, made in secret in 1971 after Richard Nixon's withdrawal of one of the two American infantry divisions. According to my research, American officials became alarmed over the seriousness of this effort when a young CIA agent provided evidence of a crude design for a nuclear warhead.
In the spring of 1975, my father, the late ambassador Richard Sneider, sent a top-secret cable to Washington calling for an urgent review of the U.S.-South Korean alliance. Korea was "no longer a client state," he wrote, but was "well on its way to middle power status with ambitions for full self-reliance including its own nuclear potential."
Sneider recommended creation of a new partnership, one more akin to our alliances with NATO or Japan. He also pushed for quiet but tough diplomacy to dissuade Park from heading down the nuclear road. That campaign succeeded finally, but not before my father warned Park that the entire security alliance was jeopardized.
Park was assassinated in 1979 by his own intelligence chief, who claimed to have acted at American instigation. The charge was false, but it remains widely believed in Korea. The perilous state of our alliance reached a peak with the Kwangju uprising against military rule the following year, when hundreds of Koreans were killed by troops deployed with the alleged acquiescence of the United States.
Dispelling the myth of the previous golden era in U.S.-Korean relations does not mean that our relations lacked a foundation of shared interest or that the difficulties we face today are not serious. The gap over how to handle the threat from the North is certainly wider and more evident than in the past. And the democratization of South Korea makes our differences visible and harder to manage.
As policymakers from both countries meet this week, they need to take a deep breath and remember that our alliance survived tremendous stresses in the past. The task before us is not to focus on our divergence but to pick up the challenge left unmet 30 years ago -- to define the basis for a long-term relationship that is durable and reciprocal and that finally sheds the shackles of dependency.
Mi-Sun Kim
Shorenstein APARC
Stanford University
Encina Hall, Room E301
Stanford, CA 94305-6055
Mi-Sun Kim is secretary-general of Migrant Workers Health Association in Korea, a non-governmental and non-profit organization working on migrants' health rights and wellbeing. She has also been involved in international advocacy work in promoting and protecting the rights of migrant workers and their families through the Joint Committee for Migrant Workers in Korea.
Mi-Sun co-authored Cultural Guidebook for Foreign Migrant Workers (Ministry of Culture and Tourism, 2005), The Report on the Foreign Migrant Workers' Human Rights (Dasan Geulbang, 2001), The Report on the Migrant Workers' Health (Young Doctor, 2001), and was part of a research project titled Survey on Foreign Migrant Workers in Korea (National Human Rights Commission, 2002).
As an NGO activist, she is interested in the formation and maintenance of transnational advocacy networks and their impact on policy development. She holds a B.A in history and studied international organizations at Korea University Graduate School of International Studies.
Second class of Stanford Summer Fellows on Democracy and Development completes three-week symposium
The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University has concluded its second year of Stanford Summer Fellows on Democracy and Development. This year's fellows - 26 outstanding civic, political, and economic leaders from 21 countries in transition - were selected from more than 800 applications.
The summer fellows program brought leaders from important, transitioning countries such as Iraq, Afghanistan, Iran, Pakistan, China, and Russia to Stanford for three weeks (this year, July 31 to August 18). The new summer fellows included presidential advisers, prominent journalists, key figures in human rights and democracy movements, academics, and representatives of international governmental and non-governmental organizations. The fellows participated in morning seminars with leading Stanford faculty, including CDDRL director Michael A. McFaul, Kathryn Stoner, Larry Diamond, Avner Greif, Erik Jensen, and Stanford President Emeritus Gerhard Casper. In the afternoons, fellows attended talks by keynote speakers and led class sessions themselves, sharing insight into how reform progressed (or failed to progress) in their home countries and exchanging ideas for positive change. This year's keynote speakers included Carl Gershman, the president of the National Endowment for Democracy; Joan Blades, co-founder of MoveOn.org; Marc Pomar, president of the International Research and Exchanges Board (IREX); and Judge Pamela Rymer, United States Court of Appeals for the Ninth Circuit.
The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University's Freeman Spogli Institute for International Studies (FSI) seeks to promote innovative and practical research to assist transitioning countries design and implement policies that will foster democracy, promote balanced and sustainable growth, and advance the rule of law. It supports specialized teaching, training, and outreach to assist countries struggling with political, economic, and judicial reform, constitutional design, economic performance and corruption.
Beyond Corporate Codes of Conduct: Work Organization and Labor Standards in Two Mexican Garment Factories
This paper was discussed at the Global Justice workshop on October 20, 2006.
Abstract of Richard Locke's "Beyond Corporate Codes of Conduct: Work Organization and Labor Standards in Two Mexican Garment Factories":
This paper presents a matched pair case study of two factories supplying Nike, the world's largest athletic footwear and apparel company. These two factories have many similarities - both are in Mexico, both are in the apparel industry, both produce more or less the same products for Nike (and other brands) and both are subject to the same code of conduct. On the surface, both factories appear to have similar employment (i.e., recruitment, training, remuneration) practices and they receive comparable scores when audited by Nike's compliance staff. However, actual labor conditions exist between these two factories. What drives these differences in working conditions? What does this imply for traditional systems of monitoring and codes of conduct? Field research conducted at these two factories reveals that beyond the code of conduct and various monitoring efforts aimed at enforcing it, workplace conditions and labor standards are shaped by very different patterns of work organization and human resource management policies.
About the Author
Richard Locke is professor of political science at Massachusetts Institute of Technology (MIT). He is also faculty director of the MIT Sloan Fellows program and co-director of the MIT Italy program. His research focuses on economic development, comparative labor relations, and political economy.