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Cheating Justice by Cheating Death
CHEATING JUSTICE BY CHEATING DEATH: THE DOCTRINAL COLLISION FOR PROSECUTING FOREIGN TERRORISTS – PASSAGE OF AUT DEDERE AUT JUDICARE INTO CUSTOMARY LAW & REFUSAL TO EXTRADITE BASED ON THE DEATH PENALTY Michael J. Kelly* The purpose of foreign policy is not to provide an outlet for our own sentiment of hope or indignation; it is to shape real events in a real world. – President John F. Kennedy, Mormon Tabernacle, Salt Lake City, Utah (Sept. 26, 1963)1 I. INTRODUCTION In December 2002, Denmark released a Chechen terrorist rather than extraditing him to Russia where he might face the death penalty.2 Britain refused to honor an Egyptian request to arrest and extradite a terrorist implicated in the 1995 assassination attempt against President Mubarak, as conviction for that crime carried the death penalty.3 Mexico also declined to extradite twenty-six suspects to the United States who would face the death penalty for their alleged crimes.4 What happens when Osama bin Laden or other terrorists surface in countries that refuse to extradite them to requesting states where capital punishment is a sentencing option? The tension between justice and mercy is a taught one, often wrapping legal strictures in religious or moral garb.5 However, the debate reaches no higher pitch than with regard to the appropriateness of capital punishment. Some societies, like the United States, handle the question on a jurisdiction by jurisdiction basis in accord with principles of federalism, while others, like Canada, handle it at the national level. Whatever the internal accommodations may be, national governments must decide whether domestic sentiment will * Assistant Professor of Law, Creighton University. -
Counterinsurgency in Southern Sudan: the Means to Win? Roger C
Document generated on 09/27/2021 1:20 a.m. Journal of Conflict Studies Counterinsurgency in Southern Sudan: The Means to Win? Roger C. Glickson Volume 15, Number 1, Spring 1995 URI: https://id.erudit.org/iderudit/jcs15_01art03 See table of contents Publisher(s) The University of New Brunswick ISSN 1198-8614 (print) 1715-5673 (digital) Explore this journal Cite this article Glickson, R. C. (1995). Counterinsurgency in Southern Sudan:: The Means to Win? Journal of Conflict Studies, 15(1), 45–59. All rights reserved © Centre for Conflict Studies, UNB, 1995 This document is protected by copyright law. Use of the services of Érudit (including reproduction) is subject to its terms and conditions, which can be viewed online. https://apropos.erudit.org/en/users/policy-on-use/ This article is disseminated and preserved by Érudit. Érudit is a non-profit inter-university consortium of the Université de Montréal, Université Laval, and the Université du Québec à Montréal. Its mission is to promote and disseminate research. https://www.erudit.org/en/ Counterinsurgency in Southern Sudan: The Means to Win? by Roger C. Glickson Roger C. Glickson is a Political-Military Analyst with Science Applications International Corporation in Arlington, Virginia. INTRODUCTION Since early 1992. the Sudanese Government has made a concerted effort to conclude militarily its long-running civil war with the southern-based Sudan People's Liberation Army (SPLA), led by John Garang. While Khartoum initially made serious inroads into insurgent-held territory, these gains were confined largely to former rebel garrisons, leaving the SPLA controlling much of the countryside. Moreover, the insurgents exacted a terrible price in terms of the number of government soldiers killed, while the financial cost of the escalated fighting took a continued toll on the Sudanese economy. -
The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance
Policy Studies 23 The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance Marcus Mietzner East-West Center Washington East-West Center The East-West Center is an internationally recognized education and research organization established by the U.S. Congress in 1960 to strengthen understanding and relations between the United States and the countries of the Asia Pacific. Through its programs of cooperative study, training, seminars, and research, the Center works to promote a stable, peaceful, and prosperous Asia Pacific community in which the United States is a leading and valued partner. Funding for the Center comes from the U.S. government, private foundations, individuals, cor- porations, and a number of Asia Pacific governments. East-West Center Washington Established on September 1, 2001, the primary function of the East- West Center Washington is to further the East-West Center mission and the institutional objective of building a peaceful and prosperous Asia Pacific community through substantive programming activities focused on the theme of conflict reduction, political change in the direction of open, accountable, and participatory politics, and American understanding of and engagement in Asia Pacific affairs. The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance Policy Studies 23 ___________ The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance _____________________ Marcus Mietzner Copyright © 2006 by the East-West Center Washington The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance by Marcus Mietzner ISBN 978-1-932728-45-3 (online version) ISSN 1547-1330 (online version) Online at: www.eastwestcenterwashington.org/publications East-West Center Washington 1819 L Street, NW, Suite 200 Washington, D.C. -
Philosophical and Pragmatic Links Between US Foreign Policy and Immigration Policy
Philosophical and Pragmatic Links Between US Foreign Policy and Immigration Policy The Case of El Salvador Bridget O’Neill November 21, 2018 1 In the American imaginary, discourse surrounding both foreign policy conduct and immigration are parallel: both are vague and self-idealizing frameworks. Foreign policy decisions reduce global enemies to figures of external evil and posit American troops as saviors; military myths purposefully leave little room for criticism. There is a disconnect between self- idealizing rhetoric in American foreign policy and the specific and often covert violence carried out under broad, moralistic justifications. Similarly, despite the popular categorization of the US as a “nation of immigrants,” this glorified title implies a fictitious timeless homogeneity; it offers no historical texture to a constant renegotiation of who belongs and who doesn’t. The lack of specificity or consensus regarding an immigration philosophy (more concretely, the lack of any codified criteria to evaluate asylum applications with) is exactly what enables immigration policy to become deployed in specific and disparate ways. Within the nation of immigrants, immigrants exist in hyper-policed political limbo. The idealized version of American immigration and its violent reality are imagined as separate entities, even though the latter underpins the former. The same distance is used to avoid acknowledging that foreign invasion destabilizes countries and drives the emigration that Americans subsequently police: establishing a causal link implies responsibility. The ideological web is held intact only because the romanticized conceptualizations do not break down: historical reinforcement have posited these claims as crucial to American national identity. These myths are believed with sincerity -- by necessity. -
Tembok Tebal, Pengusutan Pembunuhan Munir
Tembok Tebal, Pengusutan Pembunuhan Munir Sebuah Analisis Kebijakan Tim Imparsial September 2006 BAB I ”TEST OF OUR HISTORY” ”..... sejauh pengadilan HAM tidak becus, maka itu merupakan kepanjangan tangan masa lalu” (Munir 1965-2004) Proses pengungkapan kasus pembunuhan politik terhadap Munir berjalan kembali ke titik nol. Menjelang dua (2) tahun pasca pembunuhan politik terhadap Munir, 7 September 2004, belum terdapat titik terang yang menunjukkan motif dan para pelaku pembunuhan sebenarnya. Bahkan penyelidikan pasca berakhirnya masa kerja Tim Pencari Fakta (TPF) nyaris tidak memberikan perkembangan berarti bagi kasus tersebut. Pasca putusan Pengadilan Negeri Jakarta Pusat 20 Desember 2005 dengan nomor 1361/Pid/B/2005/PN.Jkt.Pst, yang memutuskan hukuman 14 tahun penjara bagi Pollycarpus Budihari Priyanto, pihak terdakwa mengajukan banding. Pada 27 Maret 2006, Pengadilan Tinggi Jakarta Pusat memutuskan menerima banding yang diajukan Pollycarpus dan menguatkan putusan Pengadilan Negeri Jakarta Pusat, yakni tetap menghukum Pollycarpus dengan 14 tahun penjara. Penyelidikan kepolisian yang setengah hati dan terkesan menemui buntu, padahal banyak informasi yang dapat ditindak lanjuti, misalnya hubungan telpon antara Muchdi, BIN, dan Pollycarpus. Pergantian pimpinan penyelidik yang sudah dilakukan sebanyak tiga (3) kali, belum memberikan perkembangan. Malah semakin berjalan lamban bila dibandingkan dengan hasil temuan dari tim penyelidik kepolisian terdahulu. Semasa hidupnya, advokasi yang dilakukan oleh Munir memang tidak pernah lepas dari persinggungan dengan pihak militer. Sewaktu Munir menangani kasus pembunuhan terhadap Marsinah, ia tidak hanya diancam oleh aparat kodam setempat (Brawijaya) tapi juga diancam akan dihilangkan nyawanya lantaran melibatkan diri dalam urusan kematian buruh pabrik di Sidoarjo tersebut.1 Bahkan, di lain kesempatan, Munir berani menantang para pelaku pelanggar HAM –terutama dari pihak militer- secara terbuka, di mana dalam sebuah aksi bersama keluarga korban di 1 Forum Keadilan,” Mantan Pedagang Melawan Kekerasan”, No. -
Book Reviews
Book Reviews to send him to Georgetown University for a BRACETE $10.95 DROPS OF REMEMBRANCE preparatory, graduate-level immigration law BY Juan M. Bracete course taught by Charles Gordon. Bracete Vantage Press, New York, NY, 2012. 66 pages, $10.95. grabbed the opportunityDrops of Remembrance ,and the bracing soon new memoir com from- author Juan Bracete, recounts his years as a U.S. Immigration Judge, menced work withand the the following Board period whenof Immigrationhe worked as a U.S. Foreign Service officer. Mr. Bracete relates some of the many incidents Reviewed by R. Mark Frey Appeals. Later, hebecause observed, and ofsupplies his poignant grandfather’s anecdotes regarding his terminal illness,work, he as quit well as biographicalhis job notesand about returned the nature of his job and how it profoundly shaped his career. In writing his memoir, OF DROPS A career in the United States Foreign to Puerto Rico.Bracete Bracete acts on his long-heldinitially desire to despairedshare with his readers the R totality of his life experience, and his search for ways continu- E M E Service—the allure of exotic locales, climes, about his employmentally to improve hisprospects journey through life.in Puerto MB RANCE OF cultures, and peoples, has caused many of Rico, but, as he notes, “God provides for DROPS us to consider it. It can be a great way to see madmen, children and fools,” and, not long JUAN BRACETE was born and raised in Puerto Rico. Having earned REMEMBRANCE the world and possibly play a role in world after returning,his he B.A. -
Countdown to Martial Law: the U.S-Philippine Relationship, 1969
University of Massachusetts Boston ScholarWorks at UMass Boston Graduate Masters Theses Doctoral Dissertations and Masters Theses 8-31-2016 Countdown to Martial Law: The .SU -Philippine Relationship, 1969-1972 Joven G. Maranan University of Massachusetts Boston Follow this and additional works at: https://scholarworks.umb.edu/masters_theses Part of the Asian History Commons, and the United States History Commons Recommended Citation Maranan, Joven G., "Countdown to Martial Law: The .SU -Philippine Relationship, 1969-1972" (2016). Graduate Masters Theses. 401. https://scholarworks.umb.edu/masters_theses/401 This Open Access Thesis is brought to you for free and open access by the Doctoral Dissertations and Masters Theses at ScholarWorks at UMass Boston. It has been accepted for inclusion in Graduate Masters Theses by an authorized administrator of ScholarWorks at UMass Boston. For more information, please contact [email protected]. COUNTDOWN TO MARTIAL LAW: THE U.S.-PHILIPPINE RELATIONSHIP, 1969-1972 A Thesis Presented by JOVEN G. MARANAN Submitted to the Office of Graduate Studies, University of Massachusetts Boston, in partial fulfillment of the requirements for the degree of MASTER OF ARTS August 2016 History Program © 2016 by Joven G. Maranan All rights reserved COUNTDOWN TO MARTIAL LAW: THE U.S.-PHILIPPINE RELATIONSHIP 1969-1972 A Thesis Presented by JOVEN G. MARANAN Approved as to style and content by: ________________________________________________ Vincent Cannato, Associate Professor Chairperson of Committee ________________________________________________ David Hunt, Professor Member ________________________________________________ Christopher Capozzola, Associate Professor MIT Member _________________________________________ Vincent Cannato, Program Director History Graduate Program _________________________________________ Tim Hascsi, Chairperson History Department ABSTRACT COUNTDOWN TO MARTIAL LAW: THE U.S.-PHILIPPINE RELATIONSHIP, 1969-1972 August 2016 Joven G. -
The Massacre at El Mozote
March 4, 1992 Volume No. IV, Issue No. 2 EL SALVADOR THE MASSACRE AT EL MOZOTE: THE NEED TO REMEMBER Introduction With the negotiated cease-fire agreement signed on January 16, 1992, in Introduction ..................................................1 Mexico City, the twelve-year-old conflict in The Massacre of El Mozote ........................3 El Salvador has formally come to an end. The Massacre Becomes Known .................5 The agreements under United Nations The Lack of Press Coverage in supervision between the Salvadoran El Salvador........................................5 government and the Farabundo Martí U.S. Press Accounts of the Massacre..6 National Liberation Front (FMLN) envision The Reagan Administration Response.....7 unprecedented reforms: to reduce the Congressional Hearings .......................9 military, dissolve the elite, immediate- The Atlacatl Battalion and U.S. Policy ...11 U.S. Government Response reaction battalions, eliminate two of the to Massacres ...................................15 security forces, create a new National Civil The "Official Story"..............................16 Police, and demobilize the FMLN and fully The Current Status of the Case................16 integrate ex-guerrillas into civilian life. These transformations hold forth the greatest possibility yet for the respect for human rights and the achievement of social justice in El Salvador. Two provisions of the peace agreement touch more directly on the question of human rights. In April 1991, the negotiating parties agreed to the formation of a Commission on Truth, which would review "grave acts of violence which have occurred since 1980 and whose mark on society demands with great urgency public knowledge of the truth." In September 1991, the Salvadoran government and the FMLN agreed to a process of "purification" of the armed forces, to be carried out by an ad hoc Commission, which would review the records of military officers with a special focus on their human rights records. -
General Assembly Distr.: General 22 February 2010
United Nations A/HRC/13/NGO/40 General Assembly Distr.: General 22 February 2010 English only Human Rights Council Thirteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Written statement* submitted by the International NGO Forum on Indonesian Development (INFID), a non- governmental organization in special consultative status The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31. [15 February 2010] * This written statement is issued, unedited, in the language(s) received from the submitting non- governmental organization(s). GE.10-11176 A/HRC/13/NGO/40 Situation of human rights defenders in Indonesia 20091 The situation of Human Rights Defenders in 2009 is worse compared to 2008, because in 2009 many defenders were criminalized by the government. The journalist of Radar Bali, Anak Agung Prabangsa, in February 2009 killed by the candidate of the local parliament in Bali after he wrote about corruption that allegedly done by the perpetrator2. Hendra Budian, Director of Aceh Judicial Monitoring Institute (AJMI) Banda Aceh alleged by the Office of Province Attorney Nanggroe Aceh Darrusalam as criminal by ruining glass window of the Office of the Province Attorney. Hendra is charged against article 406 Indonesia Penal Code. His case is in Banda Aceh District Court now.3 On 5 May 2009, Constitutional Court rejected the review of the Independence Journalist Alliance on article 27 (3) Law on the Information and Electronic Transaction Nr. 11 year 2008.4 On 13 May 2009, SCTV’s reporter Carlos Pardede attacked by security staff of the Bank of Indonesia. -
Politics, Power and Chiefship in Famine and War a Study Of
SOUTH SUDAN CUSTOMARY AUTHORITIES pROjECT POLITICS, POWER AND CHIEFSHIP IN FAMINE AND WAR A STUDY OF THE FORMER NORTHERN BAHR el-ghazal STATE, SOUTH SUDAN RIfT vAllEY INSTITUTE SOUTH SUDAN customary authorities Politics, power and chiefship in famine and war A study of the former Northern Bahr el-Ghazal state, South Sudan NICKI KINDERSLEY Published in 2018 by the Rift Valley Institute PO Box 52771 GPO, 00100 Nairobi, Kenya 107 Belgravia Workshops, London N19 4NF, United Kingdom THE RIFT VALLEY INSTITUTE (RVI) The Rift Valley Institute (www.riftvalley.net) works in eastern and central Africa to bring local knowledge to bear on social, political and economic development. THE AUTHOR Nicki Kindersley is a historian of the Sudans. She is currently Harry F. Guggenheim Research Fellow at Pembroke College, Cambridge University, and a Director of Studies on the RVI Sudan and South Sudan Course. THE RESEARCH TEAM The research was designed and conducted with co-researcher Joseph Diing Majok and research assistant Paulino Dhieu Tem. SOUTH SUDAN CUSTOMARY AUTHORITIES (SSCA) PROJECT RVI’s South Sudan Customary Authorities Project seeks to deepen the understand- ing of the changing role of chiefs and traditional authorities in South Sudan. CREDITS RVI EXECUTIVE DIRECTOR: Mark Bradbury RVI ASSOCIATE DIRECTOR OF RESEARCH & COMMUNICATIONS: Cedric Barnes RVI SOUTH SUDAN PROGRAMME MANAGER: Anna Rowett RVI SENIOR PROGRAMME MANAGER: Tymon Kiepe EDITOR: Kate McGuinness DESIGN: Lindsay Nash MAPS: Jillian Luff,MAPgrafix ISBN 978-1-907431-54-8 COVER: A chiefs’ meeting in Malualkon in Aweil East, South Sudan. RIGHTS Copyright © Rift Valley Institute 2017 Cover image © Nicki Kindersley Text and maps published under Creative Commons License Attribution-Noncommercial-NoDerivatives 4.0 International www.creativecommons.org/licenses/by-nc-nd/4.0 Available for free download from www.riftvalley.net Printed copies are available from Amazon and other online retailers. -
Power Politics and the Indonesian Military
Downloaded by [University of Defence] at 20:05 09 May 2016 Power Politics and the Indonesian Military Throughout the post-war history of Indonesia, the military has played a key role in the politics of the country and in imposing unity on a fragmentary state. The collapse of the authoritarian New Order government of President Suharto weakened the state, and the armed forces briefly lost their grip on control of the archipelago. Under President Megawati, however, the military has again begun to assert itself, and to reimpose its heavy hand on control of the state, most notably in the fracturing outer provinces. This book, based on extensive original research, examines the role of the military in Indonesian politics. It looks at the role of the military histori- cally, examines the different ways in which it is involved in politics, and considers how the role of the military might develop in what is still an uncertain future. Damien Kingsbury is Head of Philosophical, International and Political Studies and Senior Lecturer in International Development at Deakin University, Victoria, Australia. He is the author or editor of several books, including The Politics of Indonesia (Second Edition, 2002), South-East Asia: A Political Profile (2001) and Indonesia: The Uncertain Transition (2001). His main area of work is in political development, in particular in assertions of self-determination. Downloaded by [University of Defence] at 20:05 09 May 2016 Downloaded by [University of Defence] at 20:05 09 May 2016 Power Politics and the Indonesian Military Damien Kingsbury Downloaded by [University of Defence] at 20:05 09 May 2016 First published 2003 by RoutledgeCurzon 11 New Fetter Lane, London EC4P 4EE Simultaneously published in the USA and Canada by RoutledgeCurzon 29 West 35th Street, New York, NY 10001 This edition published in the Taylor and Francis e-Library, 2005. -
Mining in Conflicted Lands
Lessons learned from Case Studies of InternationalInternational Investment Financial in Extractive Flows and Land-use Industries and the Environment Best Practices for Transnational Investment in Extractive and Land Use Sectors School of International Service American University Foreword With the wave of globalization and the empowerment of civil societies around the world, foreign investment has become an increasingly important issue due to the inherent social and environmental impacts that foreign companies inflict upon the local communities in which they operate. The results of foreign investment are complicated: some investment improves local economic, environmental, and social conditions, while other investment leads to tensions between transnational companies and local communities. There are currently few broadly agreed-upon standards that guide how foreign companies should invest and behave in host countries in order to achieve not only business benefits, but also social responsibility and environmental sustainability. This portfolio of best and worst practices of foreign investment exhibits both positive and negative cases of foreign investment. This document is the cooperative product of the World Resources Institute (WRI) and the American University (AU) practicum team. IFFE’s Senior Associate, Mr. Hu Tao, and Research Analyst, Denise Leung, worked closely with the practicum team to develop the project. The AU practicum team consisted of professors Dr. Ken Conca and Dr. Judy Shapiro and eleven graduate students: Stephanie DaCosta, Kristin DeValue, Hilary Kirwan, Lauren Lane, John Noel, Sebastian O’Connor, Schuyler Olsson, Jen Richmond, Natnari Sihawong, Toussaint Webster, and Yuxi Zhao. In March 2013, the AU practicum team travelled to Beijing, China, to present their initial research and coordinate with a WRI partner research team from Beijing Normal University.