After nearly 30 years on the throne, Egypt's modern-day pharaoh, Hosni Mubarak, will soon follow in the footsteps of Tunisia's dictator, Ben Ali. The only question is not whether he will leave the presidency of Egypt, or even when, but how. In the face of persistent and growing mass protests-and a newfound sense of civic empowerment on the part of Egypt's long demoralized youthful masses-it is difficult to imagine Mubarak surviving in office for more than another week to ten days. The only question is whether he will see the inevitable and do one last service to his country-leave office gracefully-or whether he will have to be pushed out by the military or a deepening climate of chaos on the streets.

Egypt is very far from being "ready" institutionally or civically for democracy, but it is perched at an interesting point that could make a transition to democracy feasible. 

First, the naming of a Vice-President, after the office sat vacant throughout Mubarak's presidency, leaves open the possibility of an orderly transitional succession. Should the savvy former intelligence chief, Omar Suleiman, read his country's mood shrewdly and decide to preside over a free and fair contest for the presidential election six months hence, he could go down as a hero in Egyptian history, negating the central role he played in a now widely reviled regime. Parallels to the now valued transitional role played by Indonesia's Vice President, Habibie, after the fall of Suharto in 1998 come to mind. However, as the public mood shifts toward demand for a thorough house-cleaning, it is possible that nothing less than a broad-based interim government will satisfy popular demands for change.

Second, in contrast to Tunisia, there is an obvious democratic alternative to Mubarak (or Suleiman, or any other regime stalwart): the Nobel-prize-winning former IAEA head, Mohamed ElBaradei.  As a political novice who has lived outside Egypt for most of the last few decades, ElBaradei is far from an ideal founding president of a new democracy (but then, few countries in a situation of regime turmoil, or even after a carefully planned transition, wind up with a leader of the vision and political skill of Nelson Mandela). Yet ElBaradei has a number of assets, including a keen understanding of the international environment, wide international contacts, experience in running a large organization, a personal history that is untainted by association with the repression and corruption of the Mubarak era, and the apparent ability to unite disparate elements of the opposition, religious and secular, behind his candidacy.

Beyond ElBaradei, the emergence of a broad opposition effort (including ElBaradei and former opposition presidential candidate Ayman Nour) to negotiate the terms of a transition and a new national unity government also augur hopefully for the near-term future.

If a reasonably free and fair contest for the presidency could be organized on schedule in September 2011, there is little doubt that the long-ruling NDP would be dealt a crushing defeat.  To ensure that, however, would not only require institutional changes to allow a fully open and free presidential contest, but also to ensure a fresh registration of voters and neutral administration of the electoral process. These changes would need to be implemented fairly quickly to enable a credible and reasonably fair process as soon as September. The first such change will need to be a constitutional amendment to remove the condition that requires a party to have 5 percent of the seats in parliament in order to field a presidential candidate. 

If the September election timetable can be adhered to, the democratic election of a new president of Egypt would be the beginning, not the end, of a democratic transition in Egypt.  The parliament will need to be completely reelected, as the elections of late 2010 were even more farcical and outrageously rigged than previous ones. As a result, the ruling NDP won 81 percent of the seats, and no opposition party won more than a small sliver of seats in an election that at least three-quarters of eligible voters (and probably many more) boycotted. 

A new democratically elected president would thus need to preside over a far-reaching transitional process, which would require the rewriting of the constitution; the reform and renewal of the electoral system, the judiciary, and other government institutions, especially the police; and the training and empowerment of democratic political parties, mass media, and civil society organizations, which have been heavily constrained during the Mubarak era. Egyptians might want to consider the next presidential term as a deliberately transitional and power-sharing government, under a relatively spare interim constitution, while a democratic process of dialogue and deliberation drafted a new permanent constitution. South Africa could serve as a model here; a newly elected democratic parliament could also serve as a Constituent Assembly to draft a new constitution with wide popular participation and consultation.

Forging the rules and institutional arrangements of a transitional period will not be easy. Political stability will require a broadly inclusive process of negotiations that brings all key political stakeholders to the table, and that forges a political pact that ensures the loyalty of the army and security apparatus while gradually renewing its officer ranks and establishing civilian democratic control. No doubt there will be calls for retrospective justice to investigate the many abuses of human rights during the Mubarak era, but the historical experience of other transitions suggest that this task should be addressed with caution and deliberation, in a way that does not drive the surviving elements of the old regime into a posture of resistance and sabotage.

The challenge for the U.S. is to align itself squarely behind Egypt's aspirations for democracy without being so public, clumsy and abrupt in abandoning Mubarak that we provoke an anti-American backlash from among other regional allies. But if we have to choose between rulers and their people, it is time we started choosing the people. We need to quickly develop a strategy and commit new resources to assist Egyptian political parties, non-governmental organizations, civic education groups, and independent media to help them prepare the country for a period of protracted and unprecedented democratic change.

Egypt is entering the end of an era. The exit from power of Hosni Mubarak under pressure of volcanic popular protests will have wide repercussions throughout the Arab world. It will accelerate the momentum of democratic change in the region, and open the possibility of electoral democracy emerging in the Arab world's largest and most influential country. If Mubarak can be induced to exit peacefully and soon, and the way can be paved to a free and credible presidential election in September, the authoritarian exceptionalism of the Arab world may begin drawing to an end.

On January 25, Professor Beth Simmons of Harvard University spoke as part of the Sanela Diana Jenkins Series on international human rights. Simmons, the Director of the Weatherhead Center for International Affairs, presented research from her award-winning book Mobilizing for Human Rights: International Law in Domestic Politics (2009).

During her lecture, Simmons explored the reasons why certain countries chose to ratify binding international treaties and others did not. Looking specifically at six "core" treaties, Simmons discussed the various domestic factors and international pressures that would explain the often-unexpected behavior of the nations toward these treaties. Strikingly, Simmons found that one of the best predictors of a country's position on a treaty was the ratification or non-ratification by its neighboring nations. This discovery, she said, suggested that nations could influence non-signatory neighbor countries to sign such treaties.

Simmons then turned to the analysis of why, and to what extent, these treaties matter - a question she is often asked by her students. While insisting that international treaties alone do not "solve all the problems," Simmons emphasized their role in framing human rights issues not only on the international level, but also in domestic politics. According to Simmons, these treaties support the domestic efforts of individuals and organizations across the globe that can now "point to [these] core focal group of documents as evidence [of their rights]."

There are more laws and international treaties designed to protect human rights in conflict zones than ever before. Yet civilians continue to pay the ultimate price, with women and children frequently caught in the crossfire. At the beginning of the 20th century, there was one civilian casualty for every eight or nine military casualties, said Richard Goldstone, the South African jurist who played a key role in helping his country overcome apartheid, served as the chief prosecutor of the International Criminal Tribunals on Rwanda and the former Yugoslavia, and became a household name in 2009 for his controversial fact-finding mission after an Israeli offensive in the Gaza Strip. During World War II, the ratio increased to 1-to-1. Today, after what was, Goldstone said, a "very bloody century," every combatant casualty is matched by nine civilian deaths.

What explains this? Goldstone joined Stanford historian James Campbell and Peter Berkowitz, a political scientist, to grapple with this paradox as part of Stanford's Ethics and War Series, co-sponsored by the Center for International Security and Cooperation.

One reason behind this seeming disconnect is that gaping anomalies remain in the international legal system. It is a "very recent development that international laws have been designed to protect civilians and civilian objects," said Goldstone. Another cause of the paradox is that the most critical issue in determining whether the death of a civilian constitutes a war crime is highly subjective. The so-called principle of proportionality, defined by the Law of Armed Conflict, requires that parties refrain from attacks resulting in excessive civilian casualties. But it is up to "reasonable commanders" to judge whether such violence is justified, said Berkowitz, a senior fellow at the Hoover Institution.

Compounding the problem is that in many of the nations where crimes against civilians may have been committed, there is little interest or even open hostility toward allowing international fact-finding missions to make an assessment. Moreover, many of the transnational organizations designed to help protect civilians simply fail to do so. Goldstone said the UN should be commended for assisting the injured in Gaza but "stands condemned for ignoring the plight of Tamils."

A better system might include requiring greater education in military affairs for human rights lawyers, Berkowitz said. Goldstone's report on the Gaza conflict, Berkowitz argued, failed to properly evaluate whether the civilian cost was a military necessity, noting that Goldstone did not assess whether "reasonable" Israeli commanders had intended to avoid civilian casualties. A better understanding of military procedure, Berkowitz suggested, might have helped Goldstone and others in a similar situation make that kind of assessment.

The United States may also have a role to play in filling in the gaps in the international justice system. Campbell said that the Geneva Convention of 1949, which extended legal protection to war victims, was largely an American construction. Indeed, Berkowitz said that America has "special burdens" to spread liberal democracy across the world. However, the U.S. was reluctant to sign the Convention on the Rights of the Child, ratified by 194 U.N. nations that would protect women and children, said Helen Stacy, a senior fellow at the Center for Democracy, Development, and the Rule of Law.

How some of these issues will be resolved is still an open question. Human rights laws are complex and evolving, said Campbell. "Just as freedom is a constant struggle, so is international humanitarian law," he said. The important part was that the legal system continues to grapple with these issues. The struggle toward an effective system of international justice is being "waged in our country," he said, "in dialogues like the ones we are having today."