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On April 16, 2009, the Justice Department released four previously classified memos issued by its Office of Legal Counsel (OLC) that provided legal guidance on the permissibility of certain aggressive techniques used during the interrogation of high-ranking al Qaeda suspects. The memos examined these techniques in light of the prohibition against torture under the Convention Against Torture (Torture Convention), the U.S. criminal statute that implements the Torture Convention ("the anti-torture statute"), and the prohibition on cruel, inhuman, and degrading treatment under the Torture Convention. The release of the memos has provoked considerable discussion about possible criminal accountability for government officials who carried out interrogations or who formulated the legal guidance authorizing them. This Insight addresses questions regarding possible criminal liability for the responsible officials and some issues of state responsibility of the United States under international law.

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Kara Sex
Please join us for a lecture and book signing with Siddharth Kara, author of Sex Trafficking: Inside the Business of Modern Slavery. In 1995, Mr. Kara first encountered sexual slavery in a Bosnian refugee camp. He has since dedicated his life to traveling and learning the mechanisms behind the business of sex trafficking. Mr. Kara has taken a rare look at analyzing the local drivers and global macroeconomic trends that give rise to this burgeoning industry, in addition to quantifying the size, growth, and profitability of sex trafficking and other forms of modern slavery.

Synopsis

Employing his comprehensive research throughout his talk, Siddarth Kara begins by explaining that sex trafficking is the most profitable form of slavery. Therefore, to Mr. Kara, it is crucial to take a business approach to the issue. Using powerful stories as key examples to ensure focus also remains on the human cost of sex slavery, Mr. Kara divides the operation of sex slavery into three steps. The first is acquisition which most commonly occurs by deceit, seduction, or sometimes even sale by family. The second step is movement which involves all forms of transportation, the use of false documentation, and bribery. The third step is exploitation of the victims which takes place in many forms such as rape, torture, and violent coercion. The sale of women and girls often takes place in brothels, hotels, and streets. Mr. Kara reveals that their fate often involves HIV infection, drug addictions, exclusion from families, and most terrifyingly, retrafficking.

Mr. Kara goes on to argue that current abolition attempts are deficient in four key areas. These include a poor understanding of the trade, lack of funding for and lack of coordination between international organizations, inappropriate laws and insufficient enforce of them, and an improper business analysis of the situation.

However, Mr. Kara stresses repeatedly that this “war on slavery” as he puts it is a war we can win. He boils the industry down to slave trading which is the supply aspect and slavery itself which is the demand aspect. Mr. Kara argues that, like all industries, the slave trade is governed by these two forces as well. Therefore, Mr. Kara’s main argument is that sex slavery must be destroyed by reducing the aggregate demand for sex slaves by attacking the industry’s profitability. In terms of profit making, his research shows it is the demand side which must be focused on the most. Mr. Kara argues the demand for sex slaves is very vulnerable. He personally saw this in a particular brothel when prices rose. In addition, he emphasizes that the fact that business must be conducted between consumer and trader in relative daylight means these criminals can be caught.

Consequently, Mr. Kara proposes a multi-faceted approach of seven tactical interventions to hurt profitability and crucially increase risk for traders. Firstly, Mr. Kara believes in the need to create an international inspection force which works closely with paid locals of the community who are trained to spot such activities in everyday life. Mr. Kara stresses the importance of targeted, proactive raids on centers of such criminal activity. In addition, to avoid bribery and other forms of undermining law enforcement, he feels it is vital to improve the pay of trafficking authorities including judges and prosecutors. This is linked to Mr. Kara’s idea of specialized, fast-track courts for trafficking to quickly close cases. Cases often fall apart because victims or their families are intimidated, Mr. Kara therefore argues for at least 12 months of paid witness protection for victims and their families to avoid intimidation or outright murder. Finally, Mr. Kara stresses the need to increase financial penalties for those found guilty of trafficking to increase the risk in the business.

What Mr. Kara really emphasizes is that more resources are needed in tackling this criminal activity by attacking profitability, increasing risk, and reducing aggregate demand. Mr. Kara concludes by stating that sex trafficking is a “stain on humankind that must be buried.”

In engaging with the audience, Mr. Kara discusses several key issues of his presentation. One central area that is emphasized is his methods in gathering research and formulating statistics. Mr. Kara also explains where the money would come from to fund the global abolitionist movement he presents. In addition, Mr. Kara reveals what ordinary citizens can do in their everyday lives to help the cause.

About the speaker

Siddharth Kara is a former investment banker and business executive with an MBA from Columbia University. He set aside his corporate career to pursue anti-slavery research, advocacy, and writing, and, more recently, a law degree. He currently serves on the board of directors of Free the Slaves, an organization dedicated to abolishing slavery worldwide. In 2005, he testified on contemporary slavery to the United States Congressional Human Rights Committee.

Jointly sponsored by the Forum on Contemporary Europe and the Public Management Program of the Stanford Graduate School of Business.

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Bush gave democracy promotion a bad name, Larry Diamond writes in Newsweek. The new administration needs to get it right.

The new U.S. President will face more than one kind of global recession. In addition to the economic downturn, the world is suffering a democratic contraction. In Russia, awash with oil money, Vladimir Putin and his KGB cronies have sharply restricted freedom. In Latin America, authoritarian (and anti-American) populism is on the rise. In Nigeria, the Philippines and once again in Pakistan, democracy is foundering amid massive corruption, weak government and a loss of public faith. In Thailand, the government is paralyzed by mass protests. In Africa, more than a dozen fragile democracies must face the economic storm unprepared. And in the Middle East—the Bush administration's great democratic showcase—the push for freedom lies in ruins.

In the past decade, the breathtaking democratic wave that swept the world during the final quarter of the 20th century reversed course. Making democracy work proved harder than bringing down authoritarian rule. And receptive peoples everywhere were alienated by the arrogance and unilateralism of President George W. Bush's approach, which associated "democracy promotion" with the use of force and squandered America's soft power. Advancing democracy abroad remains vital to the U.S. national interest. But the next president will have to craft a more modest, realistic and sustainable strategy.

It's easy today to forget how far freedom has advanced in the past 30 years. When the wave of liberation began in 1974 in Portugal, barely a quarter of the world's states met the minimal test of democracy: a place where the people are able, through universal suffrage, to choose and replace their leaders in regular, free and fair elections. Over the course of the next two decades, dictatorships gave way to freely elected governments first in Southern Europe, then in Latin America, then in East Asia. Finally, an explosion of freedom in the early '90s liberated Eastern Europe and spread democracy from Moscow to Pretoria. Old assumptions—that democracy required Western values, high levels of education and a large middle class—crumbled. Half of sub-Saharan Africa's 48 states became democracies, and of the world's poorest countries, about two in every five are democracies today.

This great shift coincided with an unprecedented moment of U.S. military, economic and cultural dominance. Not only was America the world's last remaining superpower, but U.S. values—individual freedom, popular sovereignty, limited government and the rule of law—were embraced by progressive leaders around the world. Opinion surveys showed democracy to be the ideal of most people as well.

In recent years, however, this mighty tide has receded. This democratic recession has coincided with Bush's presidency, and can be traced in no small measure to his administration's imperial overreach. But it actually started in 1999, with the military coup in Pakistan, an upheaval welcomed by a public weary of endemic corruption, economic mismanagement and ethnic and political violence. Pakistan's woes exposed more than the growing frailty of a nuclear-weapon state. They were also the harbinger of a more widespread malaise. Many emerging democracies were experiencing similar crises. In Latin America and the post-communist world, and in parts of Asia and Africa, trust in political parties and parliaments was sinking dramatically, as scandals mounted and elected governments defaulted on their vows to control corruption and improve the welfare of ordinary people.

Thanks to bad governance and popular disaffection, democracy has lost ground. Since the start of the democratic wave, 24 states have reverted to authoritarian rule. Two thirds of these reversals have occurred in the past nine years—and included some big and important states such as Russia, Venezuela, Bangladesh, Thailand and (if one takes seriously the definition of democracy) Nigeria and the Philippines as well. Pakistan and Thailand have recently returned to rule by elected civilians, and Bangladesh is about to do so, but ongoing crises keep public confidence low. Democracy is also threatened in Bolivia and Ecuador, which confront rising levels of political polarization. And other strategically important democracies once thought to be doing well—Turkey, South Africa and Ukraine—face serious strains.

This isn't to say there haven't been a few heartening successes in recent years. Indonesia, the world's most populous Muslim country, has become a robust democracy nearly a decade after its turbulent transition from authoritarian rule. Brazil, under the left-leaning Luiz Inácio Lula da Silva, has also strengthened its democratic institutions while maintaining fiscal discipline and a market orientation and reducing poverty. In Africa, Ghana has maintained a quite liberal democracy while generating significant economic growth, and several smaller African countries have moved in this direction.

But the combination of tough economic times, diminished U.S. power and the renewed energy of major authoritarian states will pose a stiff challenge to some 60 insecure democracies in Asia, Africa, Latin America and the former Soviet bloc. If they don't strengthen their political institutions, reduce corruption and figure out how to govern more effectively, many of these democracies could fail in the coming years.

Part of the tragedy is that Washington has made things worse, not better. The Bush administration was right that spreading democracy would advance the U.S. national interest—that truly democratic states would be more responsible, peaceful and law-abiding and so become better contributors to international security. But the administration's unilateral and self-righteous approach led it to overestimate U.S. power and rush the dynamics of change, while exposing itself to charges of hypocrisy with its use of torture and the abuse of due process in the war on terror. Instead of advancing freedom and democracy in the Middle East, 2005 and 2006 witnessed a series of embarrassing shocks: Hamas winning in the Palestinian territories and Islamist parties winning in Iraq; Hizbullah surging in Lebanon and the Muslim Brotherhood surging in Egypt. After a brief moment of optimism, the United States backed away and Middle Eastern democrats grew embittered.

The new American administration will have to fashion a fresh approach—and fast. That will mean setting clear priorities and bringing objectives into alignment with means. The United States does not have the power, resources or moral standing to quickly transform the world's entrenched dictatorships. Besides, isolating and confronting them never seems to work: in Cuba, for example, this policy has been a total failure. This does not mean that the United States should not support democratic change in places like Cuba, Burma, Iran and Syria. But it needs a more subtle and sophisticated approach.

The best strategy would be to open up such places to the freer flow of people, goods, ideas and information. The next administration should therefore start by immediately lifting the self-defeating embargo on Cuba. It should offer to establish full diplomatic ties with Havana and free flows of trade and investment in exchange for a Cuban commitment to improve human rights. Washington should also work with Tehran to hammer out a comprehensive deal that would lift economic sanctions, renounce the use of force to effect regime change and incorporate Iran into the WTO, in exchange for a verifiable halt to nuclear-weapons development, more responsible behavior on Iraq and terrorism, and improved human-rights protection and monitoring. Critics will charge that talking to such odious governments only legitimizes them. In fact, engaging closed societies is the best way to foster democratic change.

At the same time, the United States should continue to support diaspora groups that seek peaceful democratic change back home, and should expand international radio broadcasting, through the Voice of America and more specialized efforts, that transmits independent news and information as well as democratic values and ideas.

In the near term, however, Washington must focus on shoring up existing democracies. Fragile states need assistance to help them adjust to the shocks of the current economic crisis. But they also need deep reforms to strengthen their democratic institutions and improve governance. This will require coordinated help from America and its Western allies to do three things.

First, they must ramp up technical assistance and training programs to help the machinery of government—parliaments, local authorities, courts, executive agencies and regulatory institutions—work more transparently and deliver what people want: the rule of law, less corruption, fair elections and a government that responds to their economic and social needs. This also means strengthening democratic oversight.

Second, we know from experience that these kinds of assistance don't work unless the political leaders on the receiving end are willing to let them. So we need to generate strong incentives for rulers to opt for a different logic of governance, one that defines success as delivering development and reducing poverty rather than skimming public resources and buying support or rigging elections. This will mean setting clear conditions that will have to be met before economic and political aid is doled out to governments.

The third priority is to expand assistance to independent organizations, mass media and think tanks in these fragile states that will increase public demand for better governance and monitor what governments do. This means aiding democratic professional associations, trade unions, chambers of commerce, student groups and organizations devoted to human rights, women's rights, transparency, civic education, election monitoring and countless other democratic activities. Ordinary people must be educated to know their rights and responsibilities as citizens—and be ready to defend them.

While Western countries have provided this kind of aid for more than two decades, economic assistance handed out at the same time has often undermined democracy efforts by subsidizing corrupt, abusive governments. Aid donors should thus strike a new bargain with recipients, telling them: if you get serious about containing corruption, building a rule of law and improving people's lives, we will get serious about helping you. Those that show a real commitment should get significant new rewards of aid and freer trade. Those unwilling to reform should get little, though the West should continue to fight disease and directly help people in dire need wherever they are.

Finally, the new president should keep in mind the power of example. Washington can't promote democracy abroad if it erodes it at home. The contradictions between the rhetoric of Bush's "freedom agenda" and the realities of Abu Ghraib, Guantánamo, torture, warrantless surveillance and boundless executive privilege have led even many of the United States' natural allies to dismiss U.S. efforts as hypocritical. Thus the new president must immediately shut down Guantánamo and unequivocally renounce the use of torture; few gestures would restore American credibility more quickly. The United States should also reduce the power of lobbyists, enhance executive and legislative transparency and reform campaign-finance rules—both for its own good and for the message it would send.

Make no mistake: thanks to the global economic crisis and antidemocratic trends, things may get worse before they get better. But supporting democracy abroad advances U.S. national interests and engages universal human aspirations. A more consistent, realistic and multilateral approach will help to secure at-risk democracies and plant the seeds of freedom in oppressed countries. Patience, persistence and savvy diplomacy will serve the next president far better than moralistic rhetoric that divides the world into good and evil. We've seen where that got us.

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Beginning this fall, I have initiated a Program on Global Justice at FSI. We are just getting started, so it strikes me as a good time to explain the fundamental ideas.

I am a philosopher by training and sensibility, and as a philosopher, I take my orientation from Immanuel Kant. Kant said that philosophy addresses three basic questions: What can we know? What should we do? And what may we hope for?

The question about hope is the most important. Philosophy is not about what will be, but about what could be: It is an exploration of possibilities guided by the hope that our world can be made more just by our common efforts.

In our world, 1 billion people are destitute. They live on less than a dollar a day. They are not imprisoned in destitution because of their crimes; they are imprisoned in destitution despite their innocence.

Another 1.5 billion people live only slightly better, on $1–2 a day. They are able to meet their basic needs, but they lack fundamental goods. They, too, are not in poverty because of their crimes. They are in poverty despite their innocence.

That is how 40 percent of our world lives now.

For some of the poor and destitute, things are improving. But the extraordinary global distance between wealthy and poor is growing. The richest 5 percent in the world make 114 times as much as the bottom 5 percent; 1 percent of the world’s people make as much as the poorest 57 percent. So the gap grows and many are left behind. That is morally unacceptable.

The problem of global injustice is not only economic. Billions of people are deprived of basic human rights.

And new forms of global governance, through organizations like the World Trade Organization (WTO), are making decisions with large consequences for human welfare. Whether their decisions are good or bad, they remain largely unaccountable. That, too, is unacceptable.

Some people say that we should not worry so much because there is no such thing as global justice. Some of these skeptics say that justice is an issue only inside a state. Until there is a global state, they say, there is no global justice.

Other skeptics are communitarians. They say that justice only makes sense among people who share a culture. They say that our diverse global society lacks the common culture needed to sustain a commitment to justice.

These statist and communitarian views are misguided in a world of globalization.

Economically, globalization has made the global economy a substantial presence in the economic lives of virtually everyone in the world.

Politically, there are new forms of governance that operate outside the state. These new forms are especially important in the arena of economic regulation, but also have a role in areas of security, labor and product standards, the environment, and human rights. So we have new forms of global politics, with important consequences for human well-being.

Moreover, these new settings of global governance are the focus of an emerging global civil society of movements and nongovernmental organizations. In areas ranging from human rights, to labor standards, to environmental protection these groups contest the activities of states and global rule-making bodies.

The skeptical views may have made sense in a world with more national economic independence, less governance beyond the state, and more self-contained national communities. But that is not our world.

What, then, does the project of global justice mean? In general, it has three elements.

First, we need to ensure the protection of human rights, and we need a generous understanding of the scope of human rights. Human rights are about torture and arbitrary imprisonment, but also about health, education, and political participation. The point of human rights is not simply to protect against threats, but to ensure social membership, to ensure that all people count for something.

Second, new global rule-making bodies operating beyond the state raise questions of justice. These bodies, like the WTO, make rules with important consequences for human welfare. Global justice is about ensuring that governance by such bodies is accountable, that people who are affected are represented, that rulemaking is transparent. When an organization makes policies with large consequences for human welfare, it needs to be held accountable through a fair process.

Third, global justice is about ensuring that everyone has access to the basic goods—food, health care, education, clean water, shelter—required for a decent human life and that when the global economy is moving forward, no one is left behind.

These three elements of global justice all start from the idea that each person matters. In short, global justice is about inclusion: about making sure that no one is left out.

Some people will say that global justice is a nice idea, but that it has no real practical importance. They say that globalization leaves no room for political choices, that it requires every country to follow the same path. We must reject this false assertion of necessity.

Some people say that the right choice for global justice is to increase levels of foreign assistance; some people say that the right choice is to provide credit for poor farmers; some people say that right choice is to empower poor women; some people say that right choice is to reduce disgusting levels of overconsumption and agricultural subsidies in rich countries; some people say that the right choice is to promote a more vibrant civil society so that people can become agents in creating their history rather than its victims and supplicants.

Many things are possible. And once we accept that global justice is a fundamental imperative, and that political choices are possible, then we come back to the political tasks in more developed countries. Many citizens in the advanced economies now experience globalization as a threat. Many fear that a better life for billions who are now destitute may mean a worse life for them.

So global justice is not simply an abstract moral imperative. Global justice is connected to greater justice at home. If we leave everything to the market at home, if we don’t fight for social insurance, education and health, employment and income, then we can be sure of an economic nationalist resurgence with all of its terrible consequences. So the political project of global justice requires a political project of a more just society at home.

This unity of justice—this unity of the national and the global: That is our answer to Kant’s question. That is what we may hope for. That is what we should strive to achieve.

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On November 15, 2007, FSI held its third annual international conference, Power and Prosperity: New Dynamics, New Dilemmas, examining seismic shifts in power, wealth, security, and risk in the global system. Acting FSI Director Michael A. McFaul, former Secretary of State Warren Christopher, and former Secretary of Defense William J. Perry offered stagesetting remarks before a capacity crowd of business and civic leaders, diplomats, policymakers, faculty, and students. Interactive panel sessions encouraged exploration of contemporary issues with Stanford faculty and outside experts.

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“For more than two centuries , a debate has raged in our country over whether the Congress or the president has the power to start, conduct, and terminate a war,” stated former Secretary of State Warren Christopher. The issue has been made urgent by what is called the “War on Terror,” regarded by many as almost unlimited in duration and geographic scope. “One frontier issue is whether the commander-in-chief authority gives the president the power to override the Constitution,” he said, specifically “whether or not the president can authorize torture that may offend the Constitution, wiretap American citizens, and suspend habeas corpus.”

Christopher and former Secretary of State Jim Baker are heading a new National War Powers Commission to study and resolve these issues. Planning to do something of a prospective nature, they will focus their recommendations on the 2009 Congress, seeking to bring to bear the collective judgment of both the president and a Congress traditionally reluctant to exercise the power it has under the Constitution.

“I spent most of my adult life under the dark cloud of a nuclear holocaust, a war that threatened no less than the annihilation of humanity,” said former Secretary of Defense William Perry. Now the Cold War is over, but its end did not bring about the end of history. “History is being written every day in the streets of Bagdad, in the deserts of Darfur, in the nuclear test range of North Korea, and in the nuclear laboratories of Iran.”

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Perry identified four potential security threats: the danger of a nuclear terrorist attack, drifting into a new Cold War, drifting into an environmental disaster, and the danger that radical fundamentalists will gain ascendancy in the Islamic world. “There is a fundamental conflict between our need to keep nuclear bombs out of the hands of terrorists and our need to reduce carbon emissions,” he stated, for the global movement to increase nuclear power could increase terrorists’ ability to get fissile materials. “The solution must lie,” he advised, “in establishing international protocols for how nuclear plants are operated and nuclear fuel supplies are controlled.”

A complementary route is to work to reduce and then eliminate nuclear weapons. Getting to the political will to take those steps was a major objective of a January 4, 2007, Wall Street Journal op-ed, “A World Free of Nuclear Weapons,” published by Perry, George Shultz, Henry Kissinger, and Sam Nunn, and conferences at Stanford. “This conference can teach us what to do,” Perry said, “what is needed is the political will to do it.”

Gi-Wook Shin, director of FSI’s Walter H. Shorenstein Asia-Pacific Research Center, chaired Plenary I, “Asia’s Triple Rise: How China, India, and Japan Will Shape our Future.” “While our policymakers are preoccupied with the Middle East, Asia is going to have much more impact on our future,” Shin said. Asia is experiencing a unique moment in Asian and world history. Can three great nations rise simultaneously, creating a regional architecture for stability and security? What role can the United States play?

“There are two defining characteristics of today’s world,” said J. Stapleton Roy, former U.S. ambassador to China, “America’s role as the sole superpower and China’s precipitous rise to power and influence.” Roy traced China’s resource demands, military development, and global economic impact and evaluated China’s influence on U.S. foreign policy. “While we see a more powerful and prosperous China as a security threat,” he stated, “the case could be made for a more optimistic scenario in which growth creates a sizable middle class, greater global dependence, and a more open society as the fifth generation of Chinese leaders takes over, the first to mature in a period of openness to the world and the power of modern democracies.”

“The only democracy in the world with which the United States had endemically bad relations during the Cold War was India. Happily that has changed,” said Robert Blackwill, former U.S. ambassador to India. He addressed our many areas of common interest: the fight against global terrorism, energy security, a healthy global economy, and shared democratic values. Analyzing the pending civil nuclear cooperation deal, he placed India’s need for 15–20 new nuclear reactors in the context of domestic growth. Some 450 million people make less than $1.50 per day; India will not tolerate outside direction to slow growth. “The United States and India are natural allies,” he concluded.

“The India entering its seventh decade as an independent country is one that is open to the contention of ideas and interests within it and outside … wedded to the democratic pluralism that is its greatest strength and determined to fulfill the creative energies of its people. Such an India truly enjoys soft power in today’s world.” former under secretary-general of the united nations shashi tharoor“Japan has resumed a solid growth track,” said Michael H. Armacost, Shorenstein Distinguished Fellow and former U.S. ambassador to Japan. The country seeks respect and wants a permanent seat on the U.N. Security Council, which it deserves. Japan’s economy is four times the size of China’s; Japan’s military budget is just 1 percent of GDP, yet it is the third largest in the world and the most sophisticated in Asia. Japan has the resources of a great power—huge financial reserves, modern science and technology, and enormous aid and investment flows. As Japan assumes a more robust international role, we should expect the Japanese to “hedge their bets,” he said, balancing strong U.S. ties with other nations and competing with China in pan-Asian community building efforts. Japan-U.S. relations should not be forgotten, he advised, as we focus on China and India.

Shashi Tharoor, diplomat, historian, and former U.N. under secretary-general, mused about “India’s Future as a Great Power.” Asking what makes a country a world leader, he acknowledged that India has the world’s second largest population, fourth largest military, status as a nuclear power, and the fifth largest economy. Yet a nation that cannot feed, educate, or employ its people cannot be termed a “great power,” Tharoor noted. He suggested that India’s greatest asset is its “soft power”— its liberal democracy, social and cultural diversity, and enormously popular culture. All hold important lessons. “The India entering its seventh decade as an independent country,” he said, “is open to the contentions of ideas and interests within it and outside … wedded to the democratic pluralism that is its greatest strength and determined to liberate and fulfill the creative energies of its people. Such an India truly enjoys soft power in today’s world.”

Lynn Eden, associate director for research at CISAC, chaired Plenary II, “Critical Connections: Faces of Security in the 21st Century,” examining security risks posed by Iraq, nuclear weapons, and food security and the environment—issues, she noted, “that are also central themes of the Stanford International Initiative: improving governance, pursuing security, and advancing human well-being.”

“There are now multiple indications that conditions on the ground in Iraq have improved quite substantially,” said Hoover Institution denior fellow and CDDRL faculty member Larry Diamond. Violence is down and there is a return to something approaching normalcy, as a result of the 30,000 “surge” in U.S. troops and a more effective counterinsurgency strategy adopted by General David Petraeus. The new military-sized force and strategy come at a propitious moment, when the Sunni Arab heartland has turned against Al Qaeda. As Al Qaeda has been weakened, fear, fatal bombings, and Iraqi and U.S. fatalities have declined significantly. The problem is that strategic military gains have not been matched with requisite political progress: enacting an oil revenue sharing bill, reversing de-Baathification, and scheduling provincial elections. “The harsh fact is that military progress on the ground is not sustainable,” warned Diamond, “without political progress toward reconciliation in Bagdad and the provinces.”

“As Americans, we have not thought systematically about what it means when we use the phrase ‘Islamic fundamentalism.’ We tend to treat it holistically. If we are going to understand this threat, we have to disaggregate that big thing called ‘the Muslim world’—we have to know the difference between Islamic fundamentalist, Islamist, and liberal Muslims.” acting fsi director and political science professor michael a. mcfaulAssessing nuclear proliferation, CISAC Co-Director Scott D. Sagan said, “In 1963, John F. Kennedy famously relayed his nuclear nightmare that by the 1970s there might be 15–20 nuclear weapons states. Was Kennedy’s fear inaccurate or only premature?” Today there are nine nuclear states, but the Non-Proliferation Treaty (NPT) is cracked and challenges abound. The A.Q. Khan network in Pakistan exported nuclear technology to Libya, North Korea, and Iran. North Korea withdrew from the NPT and conducted a 2006 test, before agreeing to dismantle its nuclear program. Iran has rejected international demands to suspend uranium enrichment. The United States has not lived up to its NPT commitment to work toward eventual elimination of nuclear weapons. For Sagan, keys to nonproliferation include a successful U.N. 2010 NPT Review Conference, peaceful resolution of the North Korean and Iranian crises, developing control of the international fuel cycle, and American ratification of the Comprehensive Test Ban Treaty.

Turning to human security, Rosamond L. Naylor, the Julie Wrigley Senior Fellow at FSI and the Woods Institute for the Environment, reported that 1 billion people face acute risks every day from hunger, infectious disease, resource depletion, climate change, and civil conflict. Incredibly, 15 percent of the world’s population lives on less than $1 per day and 50 percent live on less than $2 a day. Three billion people are vulnerable to disruptions in food prices because of competing biofuels and climate change. While terrorism kills 3,000 people each year and battle deaths claim 20,000, more than 6–8 million people die every year from hunger and malnutrition. “What can be done?” asked Naylor. We urgently need to conserve our genetic crop resources and invest in rural development, agriculture, and education.

Gilles Kepel, professor and chair, Middle East and Mediterranean Studies, at Sciences Po, delivered the dinner keynote, “Islamic Fundamentalism: On the Rise or the Decline?” “As Americans we have not thought systematically about what it means when we use the phrase ‘Islamic fundamentalism,’” said Acting FSI Director Michael McFaul. “If we are going to understand this threat, we have to disaggregate that big thing called ‘the Muslim world’—we have to know the difference between Islamic fundamentalist, Islamist, and liberal Muslims.” Gilles Kepel, a leading author and scholar of the Middle East, who has “invested tremendously in the study of Islam,” was invited to fill that void. “When it comes to understanding Islamic fundamentalism, Paris is the 21st century,” said McFaul. “I see it as a real challenge to all of us to learn from our French colleagues, and tonight I promise you, you will learn from one of our French colleagues.”

In a December 2001 manifesto, Knights Under the Prophet’s Banner, Ayman al-Zawahiri, Osama bin Laden’s mentor and Al Qaeda ideologue, admitted Islamic jihadists had failed to mobilize the masses to overthrow their corrupt rulers, “the nearby enemy,” and establish Islamic states, Kepel began. By inflicting a massive blow on 9/11 on “the far enemy,” the United States, they would demonstrate that America was weak, Islamic militants were strong, and the masses could revolt against their leaders without fear. The Muslim world and then the whole world would become ruled by Shariah under Islamist aegis. Kepel then asked, “Have they succeeded in what they set out to do?”

“After 9/11, we had a clash of two grand narratives: ‘jihad and martyrdom’ where the apostate regimes of the West and the Middle East were about to fall and ‘the War on Terror’ in which the roots of terrorism would be eradicated and autocratic regimes would tumble, bringing about democracy and a transformation of the Middle East.” professor gilles kepel, institute of political studies, parisKepel’s answer was no. Since 9/11, he said, “There have been two grand narratives: the narrative of jihad and martyrdom preached by Zawahiri and bin Laden, arguing that the rotten regimes of the West and the Middle East would fall, as jihadists waged copy-cat bombings in Africa, Europe, and the Middle East, suicide operations, and so forth” and “the narrative of the American-led War on Terror,” hammering that the roots of terrorism would be eradicated and autocratic regimes would tumble, bringing about democracy and the transformation of the Middle East.

The 2003 invasion of Iraq opened a new area for radical Islamic mobilization. But the two clashing narratives gave ground to something unexpected: the rise of Iranian influence in the region and “a golden opportunity not for Sunni Islamic fundamentalists but for the radical Shia in Iran,” who after the 2005 election of President Ahmadinejad found they could engage in nuclear blackmail with the world and threaten the United States with the activation of Shiite militias in Iraq, where American forces would be at a disadvantage fighting two enemies at the same time.

While Zawahiri continues to paint the “triumphal march of Sunni fundamentalism,” Kepel stated, “the discrepancy between his world view and reality is growing bigger and bigger.” To date, the bigger winner from 9/11 is not Al Qaeda but the Islamic Republic of Iran. Iran and Hezbollah have become the heroes and champions of the Muslim world. This fragmentation in the Muslim world, pitting Shia against Sunni, has weakened the Sunni radical movements’ ability to mobilize. How the confrontation plays out, he concluded, will determine the future of the Middle East.

POWER AND PROSPERITY: NEW DYNAMICS, NEW DILEMAS

INTERACTIVE PANEL DISCUSSIONS ON CRITICAL ISSUES
In an FSI conference highlight, participants engaged in spirited debate on leading issues with Stanford faculty and outside experts. Audio recordings of the plenary and panel discussions are available below.

IS DEMOCRACY GOOD FOR HEALTH?
Alan M. Garber, Grant Miller, Douglas K. Owens, and Paul H. Wise

NUCLEAR POWER WITHOUT NUCLEAR PROLIFERATION?
Scott D. Sagan, David G. Victor, Robert Rosner, and Siegfried S. Hecker

A CHANGING CONTINENT? OPPERTUNITIES AND CHALLENGES FOR EUROPEAN UNION EXPANSION
Katherine Jolluck, Mark Leonard, Monica Macovei, and Wolfgang Münchau

GROWING PAINS - GROWTH AND TENISIONS IN CHINA
Andrew G. Walder, Jean C. Oi, Scott Rozelle, and Xueguang Zhou

AUTOCRATIC HEGEMONS AND THE NATIONAL INTEREST: DEALING WITH CHINA, IRAN, AND RUSSIA
Kathryn Stoner, Larry Diamond, Michael A. McFaul, and Abbas Milani

FOOD SECURITY, CLIMATE CHANGE, AND CIVIL CONFLICTf
Rosamond L. Naylor, David Lobell, and Edward A. Miguel

FACES OF ENGERY SECURITY
David G. Victor, Bryan J. Hannegan, and Chris Mottershead

OVERCOMING BARRIERS TO CONFLICT RESOLUTION: THE MIDDLE EAST
Allen S. Weiner, Byron Bland, Bruce Jones, and Lee D. Ross

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Zvisinei Sandi is a Scholar Rescue Fellow at CDDRL. She lectures on the human rights situation in Southern Africa, especially in Zimbabwe and South Africa, and also collaborates with Stanford Law School's Human Rights Clinic on its ongoing project in Southern Africa. She has worked as a journalist and political activist in Zimbabwe, but her writing and activism have brought her hostile attention from the Zimbabwean government, resulting in threats and physical attacks. Here she shares some of her observations about Zimbabwe's March 19 elections and how the "seemingly impossible happened. Mugabe and his party lost control of the parliament and lost the presidential elections to Morgan Tsvangirai."

Zimbabwe's March 29 elections were held in an atmosphere that everybody saw as impossible for the opposition. There was virtually no media freedom, no campaign time for the opposition, and so much violence that being merely associated with the opposition MDC could very well mean death, and the Zimbabwe electoral commission, run by the fanatical Mugabe loyalist, Tobaiwa Mudede, was handpicked by the ZANU PF administration and is heavily in favor of ZANU and Mugabe. In addition, it can easily be argued that much of the election was rigged long before the election itself took place. Election observers found that the numbers on the voter's roll were far greater than the numbers of the voters on the ground. Many of the names were simply created to inflate the numbers in the constituencies that supported Mugabe, while another big number was comprised of the deceased. Plucky Zimbabwean humor suggested in the run up to the election that Mugabe had recruited the dead since the living had no more time for him.

To make matters even worse, in the period before the election, the military generals got together and announced that they would never serve under, or submit to being led by, a person without anti-colonial war credentials. In other words, they were saying that if Mugabe did lose to Tsvangirai they would just hold on to power through the use of force and ensure that Mugabe, the man they have served unquestioningly through several decades, stayed on. In real terms, this was a threatened coup: if Tsvangirai won, there would be a coup, Mugabe would stay on, and life would go on as usual.

In spite of all of these factors, the seemingly impossible happened. Mugabe and his party lost control of the parliament and lost the presidential elections to Morgan Tsvangirai. At this point, the question became whether the generals would carry out their threatened coup. Events, and reports from the inside, suggest that they have done it, and in such a smooth fashion that, of all the screams that have been heard from Zimbabwe recently, none of them has been "Coup!"

Reports in the independent newspapers suggested that Robert Mugabe had directed the ZEC to delay the announcement of the presidential election results in order to manage a political crisis triggered by his defeat and that of his ZANU PF party. It was reported that the service chiefs had approached Mugabe with results that showed his defeat and they advised him to buy time. The Zimbabwe Independent (April 4–10) reported that ZEC's delay was part of the government's crisis management plan following clear indications that Mugabe had lost the presidential election to Morgan Tsvangirai of the opposition Movement for Democratic Change. Mugabe is reported to have ordered the withholding of results by ZEC to buy time to manage his defeat and allow the three weeks for the run-off to elapse, thereby creating circumstances for him to try to survive politically. It was reported in the same issue of the Zimbabwe Independent that part of the government's strategy was to force ZEC to delay announcing the result until Mugabe had found a way to deal with the problem.

Zimbabwe's electoral law provides for a run-off in the event that none of the presidential candidates wins 50% plus one vote in the election. The run-off was therefore supposed to be held on or before April 19. The Zimbabwe Independent revealed that Mugabe and his close advisors from the country's state security agencies wanted Mugabe to use his temporary presidential powers to amend the Electoral Act to have the run-off after ninety days, ruling by decree in the meantime. They advised Mugabe that this would give them time to regroup and strategize.

Soon after the election, it was reported that Mugabe had offered a transitional government that would run the country for six months. Mugabe proposed to head the transitional government. According to the proposal, tabled to the MDC, was one of the many options that Mugabe was considering to manage his departure from office. Weeks later, Tsvangirai confirmed that his party had held secret talks with Mugabe's ZANU PF about forming a government of national unity. Tsvangirai revealed in a BBC interview that ZANU PF had approached the MDC to talk of a transition. The situation reportedly changed after ZANU PF hardliners asserted themselves. Word in the streets was that the service chiefs, Constantine Chiwenga of the Zimbabwe National Army, Perence Shiri of the Air Force, Augustine Chihuri of the Zimbabwe Republic Police, Happyton Bonyongwe of the Central Intelligence Organization, and Paul Zimondi of Zimbabwe Prison Service were demanding assurances that they would not face prosecution for crimes they had committed during their service. It was then that reports suggested that the military had taken over.

The South African Sunday Independent of April 20 reported that the military was waging a systematic war of terror on rural people while the vote was being "faultlessly" rigged, ahead a contrived presidential run-off. The paper reported that central to the plot were hundreds of "command centers" led by war veterans and youths in police uniform, which were established across Zimbabwe to wage a national terror campaign. According to the paper, Zimbabwe's top military authority, the Joint Command, made up of service chiefs, has established a chain of command to ensure that Robert Mugabe and ZANU PF remain in office even though they both lost in elections on March 29. The network will be concentrated in the rural areas where 70 percent of the Zimbabwean population lives.

A senior army officer and a police chief described the president's re-election plan to the Sunday Independent. They said each command center would consist of three policemen, a soldier, and a war veteran who would be in charge. They would dispatch militias, comprised of war veterans and members of the ZANU PF Youth militia, to assault and torture known opposition supporters. They would also control the local police to ensure that the militia was immune from arrest. The generals have called on the four security services—army, police, intelligence, and prisons—to ensure that people are terrorized into voting for Mugabe in the expected presidential run-off. Generals who report directly to the Joint Command have explained in a series of closed meetings how people will be terrorized and beaten into voting for Mugabe in the run-off. Human rights groups verified reports of the terror campaign, saying that ZANU PF was using a network of informal detention centers to beat, torture, and intimidate opposition activists and ordinary Zimbabweans. A statement by Human Rights Watch provided a chilling account of systematic intimidation and violence, including the abduction and savage beating of opposition supporters in several areas. Detention centers are said to have been set up in Mutoko North, Mutoko South, Mudzi in Mashonaland East province, and in Bikita West in Masvingo province. Opposition supporters are being tortured at these camps in what ZANU PF terms "Operation Makavhoterapapi?" ("Where did you put your vote?") The aim in all this is threefold: to assert his power over the cowed population, to punish the people for having voted for the MDC, and to intimidate them to vote for ZANU PF in the event of a presidential run-off.

Playing a pivotal role in the current drama is the country's intelligence unit, the CIO (Central Intelligence Organization). Headed by one the most brutal figures in Zimbabwe's recent history, Happyton Bonyongwe, the CIO is responsible for collecting data and information about opposition party activists and leading the attacks on the targeted activists. Hundreds of villagers have reportedly fled their homes in the countryside after ZANU PF militia, war veterans, the notorious "Green Bombers" and the army attacked them.

War veterans went on fresh farm invasions similar to the ones in February of 2000, threatening the few remaining white commercial farmers and their farm workers. In Masvingo, they invaded Crest Farm owned by Graham Goddard and they gave him a 10-hour notice to pack his belongings and vacate. The Masvingo Mirror, a provincial weekly, reported that soldiers were wreaking havoc in rural areas in the province. The Mirror said that members of the Zimbabwe National Army and ZANU PF militia were deployed in some rural areas in the province, where they were beating up civilians suspected to be members of the MDC. The Zimbabwean on Sunday (April 20, 2008) reported that the CIO has a file on "each MDC activist detailed to the level of the football club he or she supports together with family members' details etc." The paper reported of a complex web of deception, coercion, and violent intimidation to ensure that another electoral defeat for Robert Mugabe in the presidential run-off is not remotely possible. The same issue of the Zimbabwean on Sunday carried a photograph of a battered and stoned body of MDC Hurungwe East Organizing Secretary, Tapiwa Mbawanda. The Standard of April 13, 2008, told stories of war veterans and ZANU PF militia on the rampage in Mashonaland Central. War veterans and ZANU PF militia reportedly burnt down more than 30 farm workers' huts, accusing them of voting against Robert Mugabe. The defenseless farm workers fled and watched from a distance as the war veterans and militia helped themselves to property before setting the huts on fire. The workers lost all of their belongings. Eighteen families now shelter temporarily in tobacco barns, exposed to the cold and diseases.

In Bulawayo, some businesspeople reported that from April 16, 2008, their environment was growing more and more scary by the day as they had began receiving threats from some war veterans and supporters of ZANU PF in the city. The war veterans were said to be visiting business premises regularly, threatening to close them down as Mugabe's retribution campaign against opposition activists and supporters spreads to all sectors of society. One business owner complained that they had visited him three times the same day accusing him of sponsoring the MDC. They threatened to loot everything in his shop and close it down after Mugabe wins the run-off.

The Zimbabwe Independent (April 11–17, 2008) carried a story that said ZANU PF members were moving around Mutoko East constituency waving guns of different sizes and types, and telling people that the run-off was the last chance for them to vote for ZANU PF.

At the moment, no one knows what will happen. The opposition and its leader Morgan Tsvangirai, live in fear for their lives. Ordinary voters have been brutalized for simply having voted their choice. Simple election officers have been arrested, tortured, and imprisoned just because the constituents voted for the opposition. Hundreds of them are still in jail. And the world has watched. Independent observers and journalists have been arrested, beaten, and tortured, and no one has acted. The electoral commission, run by the fanatical and totally unscrupulous Tobaiwa Mudede, steadfastly refused to release the results of the presidential elections for five whole weeks, and when they were finally released, they differed from those of the independent and opposition observers, whose offices had, incidentally, been raided to remove all the materials pertaining to the presidential election.

The Mugabe government then announced the need for a run-off election, which under Zimbabwe law is necessary in the event that none of the winners got fifty percent of the vote. In the meantime the violence is escalating, and there are all indications that, in the event of the run-off taking place, more violence is going to occur. There is no chance of a free and fair run-off election taking place in the present circumstances, and to attempt it without first of all tackling Mugabe would be a sheer waste of time and of Zimbabwe lives. Mugabe would win, out of the sheer terror he has managed to instill in the minds and lives of the Zimbabwean people while the whole world watched.

Now it does seem that while everybody watched, Mugabe's generals have gone ahead and staged a very bloody coup. All the time that everybody has been begging, negotiating, and lobbying for the release of the March 29 election, Mugabe has moved a step ahead—he has gone ahead and asserted his power. The violence being witnessed is simply his way of telling the Zimbabwean people that nothing has changed and that he is the one in charge, no matter what everybody else wants. His coup is complete, and he is staying on because his supporters, the commanders of the Armed Forces, the ones with the guns, have said so. The coup is complete, and almost perfect, unless somebody from the outside decides to do something about it.

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These days, it's rare to pick up a newspaper and not see a story related to intelligence. From the investigations of the 9/11 commission, to accusations of illegal wiretapping, to debates on whether it's acceptable to torture prisoners for information, intelligence—both accurate and not—is driving domestic and foreign policy. And yet, in part because of its inherently secretive nature, intelligence has received very little scholarly study. Into this void comes Reforming Intelligence, a timely collection of case studies written by intelligence experts, and sponsored by the Center for Civil-Military Relations (CCMR) at the Naval Postgraduate School, that collectively outline the best practices for intelligence services in the United States and other democratic states.

Reforming Intelligence suggests that intelligence is best conceptualized as a subfield of civil-military relations, and is best compared through institutions. The authors examine intelligence practices in the United States, United Kingdom, and France, as well as such developing democracies as Brazil, Taiwan, Argentina, and Russia. While there is much more data related to established democracies, there are lessons to be learned from states that have created (or re-created) intelligence institutions in the contemporary political climate. In the end, reading about the successes of Brazil and Taiwan, the failures of Argentina and Russia, and the ongoing reforms in the United States yields a handful of hard truths. In the murky world of intelligence, that's an unqualified achievement.

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Thoroughly updated to keep pace with the many new developments in international law, the Fifth Edition of this popular casebook covers the core topics, basic doctrines, and a broad range of foreign policy issues relevant to the contemporary public international law course.

Proven in the classroom, clearly organized, and with a distinctively accessible style, International Law offers

  • a comprehensive and effective blend of current issues and materials with basic international law principles and concepts
  • a balanced combination of relevant cases, excerpts, notes, questions, and other interdisciplinary materials representing a variety of perspectives and disciplines
  • an analysis of the relationship between international and domestic law and public and private law
  • treatment of such substantive topics as International Dispute Resolution, Criminal Law, Human Rights, Environmental Law, and the Use of Force
  • a complete teaching package, including a Teacher's Manual and a biannual Document Supplement
  • Reflecting the many recent developments in this area of the law, the Fifth Edition features:
  • a new co-author, Allen S. Weiner, who brings extensive first-hand knowledge of international legal institutions
  • a new chapter on International Criminal Law that includes current materials on extradition and rendition, the international crimes of genocide, crimes against humanity, grave breaches of the Geneva Conventions, torture, and the emergence of international tribunals, including the International Criminal Court
  • new cases, including Hamdan v. Rumsfeld, Sanchez-Llamas v. Oregon, Sosa v. Alvarez-Machain, American Insurance Assoc. v. Garamendi, Republic of Austria v. Altmann, Case Concerning Israel s Construction of a Wall in the Occupied Palestinian Territories (International Court of Justice), and Prosecutor v. Krstic (International Criminal Tribunal for the Former Yugoslavia)
  • an updated case study in Chapter 1 on the international law and policy implications of the September 11 attacks and the U.S. and world response to the attacks and to terrorism in general, with other materials on the war on terrorism throughout the book
  • expanded treatment of active areas of litigation, including the Alien Tort Statute and suits against foreign government officials and state agencies
  • an extensive updating of the European Union sections, including the implications of the addition of twelve new member states and the failure to pass the new Constitution
  • major revisions to the environmental law chapter that reflect the rapid developments in this area e.g., the Kyoto Protocol and efforts to combat global warming

Table of Contents

  1. What Is International Law?
  2. The Creation of International Norms Treaties, Customary Law, International Organizations, and Private Norm-Creation
  3. International Law in the United States
  4. International Dispute Resolution
  5. States and Other Major International Entities
  6. Foreign Sovereign Immunity and the Act of State Doctrine
  7. Allocation of Legal Authority Among States
  8. International Human Rights
  9. Law of the Sea
  10. International Environmental Law
  11. Use of Force and Arms Control
  12. International Criminal Law
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Just war theory is the traditional approach taken to questions of the morality of war, but war today is far from traditional. War has been deeply affected in recent years by a variety of social and technological developments in areas such as international terrorism, campaigns of genocide and ethnic cleansing, the global human rights movement, economic globalization, and military technology. This book asks whether just war theory is adequate to the challenges these developments pose. Just war theory provides rules for determining when it is justified to fight a war. But some have argued that the nature of contemporary war makes these rules obsolete. For example, genocidal and aggressive regimes may require the use of military force that is not strictly in self-defense, as just war theory requires. In addition, the theory provides rules for determining what the limits are on justified conduct in war. But the random violence of terrorism and the deliberately inflicted violence of torture seem endemic to our age, yet take us beyond the limits set by these rules of conduct in war. By carefully examining the phenomena of intervention, terrorism, and torture from a number of different perspectives, the essays in this book explore this set of issues with insight and clarity.

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Springer in "Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory"
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