Annual Review Publish Quality
Total Page:16
File Type:pdf, Size:1020Kb
IMPUNITY WATCH ANNUAL REVIEW Volume 2 20112012 Dedication Seeking Justice in a Changing World Warren R. M. Popp Articles Resurrecting Saul Alinsky in North Africa: Leah Farish, Esq. Rules for the Polisario Does Being at War Make Them All Warriors? Jan Fleckenstein Categorization of Persons Involved in an Armed Conflict and Whether a Different Categorization Would Yield A Different Result in the Conflicts in Iraq and Afghanistan Cultural and Legal Influences and Impediments to Cultivating Peace Kevin Hugh Govern and Human Rights in Islamic States Notes Redress for Placement on Government Kill List? Warren R. M. Popp Justiciability, Separation of Powers, & International Law in Al Aulaqi v. Obama The Traffick Network: Alison Owens How Social Media Aids in International Slavery Gender‐Based Persecution as a Basis for Asylum in the United States: Jacquelyn Grippe Structural and Procedural Defects Special Features Reflections on Justice in the Former Yugoslavia Jennifer Trahan Notes From Kampala: Reta Raymond A Series of Reflections and First Hand Accounts From a Law Student’s Summer in Uganda A Moral Responsibility Kerry McPhee Winning essay in a high school essay contest sponsored by the Summer Institute for Genocide Studies, the Robert H. Jackson Center, and Impunity Watch. News Reports Collective Year in Review: Impunity Watch Select News Articles from Each Regional News Deski Reporting Staff Impunity Watch is owned, published, and printed annually by Syracuse University, Syracuse, New York 13244‐1030, U.S.A. The publication is designed to chronicle some of the most significant instances of impunity during the previous year as reported on our website. Impunity Watch provides objective reporting on impunity issues throughout the world, allowing oppressed individuals to gain a public voice. The goal of Impunity Watch’s web‐based presence is to immediately alert the world to impunity issues. Impunity Watch also publishes articles relating to impunity issues from academic, professional, and student authors. Impunity Watch aims to examine human rights and impunity issues from both a grassroots and academic perspective. Impunity Watch actively seeks and accepts article submissions from scholars and practitioners in the fields of international law, human rights, political science, history, and other humanitarian law related fields. The publication hosts an annual symposium in the spring of each year and maintains a comprehensive website of all the articles and reports published. From Impunity Watch’s founding three years ago, it has grown through the dedication of many students and the guidance of Professor David Crane at Syracuse University College of Law. Impunity Watch now has a dedicated readership around the world, including many government officials and NGOs. Please Visit our website to read past and current reports, and consider subscribing to our daily news feed. The views expressed within are solely those of the authors and do not necessarily reflect the views of Impunity Watch, its advisors, editors or staff, Syracuse University College of Law, or Syracuse University. Editorial and business offices are located at: Syracuse University College of Law, E.I. White Hall, Room 159, Syracuse, NY 13244‐1030 U.S.A. Published works are also available at www.ImpunityWatch.com 2012 Impunity Watch. All rights reserved. Published by Impunity Watch Cite as: *Author*, *Article*, 2 IMPUNITY WATCH ANN. REV. *Page* (2012). For more information please visit www.ImpunityWatch.com or contact us at [email protected] ii Syracuse University College of Law Impunity Watch Editorial Staff 2011 – 2012 _____________________________________________________________________________________________ Executive Board Editor-in-Chief Managing Editor, News Warren R. M. Popp Managing Editor, Journal Eric C. Sigmund Alison Owens Administrative Editor Technology Director Daniel Austin Laura Hirahara Senior Leadership Notes and Comments Editor Lead Articles Editor Special Features Editor Jacquelyn Grippe David Chaplin Christina Berger Senior Articles Editor Community Development Assistant Community Ali Sprott-Roen Coordinator Development Coordinator Erica Laster David Chaplin Senior Desk Officers North America & Oceania Europe Middle East Erica Laster Polly Johnson R. Renée Yaworsky Asia Africa South America David Chaplin Laura Hirahara Erica Laster Associate Members Joseph Juhn Regional Desk Reporters Carolyn Abdenour Greg Donaldson Jessica Ties Tamara Kiley Alfred Emilee Gaebler Zach Waksman Paula Buzzi Alexandra Halsey-Storch Terance Walsh Adom Malcolm Cooper Brittney Hodnik Tyler Yates Hibberd Kline Associate Articles Editors Aidan B. Cleghorn Stefanie M. Gruber Emily Krouse Kayleigh Q. DeLap Brianne Yantz Associate Special Features Editors John E. Marshall Reta Raymond Faculty Advisor David M. Crane iii FACULTY ADVISOR TO THE JOURNAL DAVID M. CRANE Professor David Crane was appointed a professor of practice at Syracuse University College of Law in the summer of 2006. From 2002-2005 he was the founding Chief Prosecutor of the Special Court for Sierra Leone, an international war crimes tribunal, appointed to that position by the Secretary General of the United Nations, Kofi Annan. As Chief Prosecutor, Professor Crane served with the rank of Undersecretary General, with a mandate to prosecute those who bore the greatest responsibility for war crimes, crimes against humanity, and other serious violations of international human rights committed during the civil war in Sierra Leone during the 1990’s. Among those he indicted for those horrific crimes was the President of Liberia, Charles Taylor, the first sitting African head of state in history to be held accountable. Professor Crane was the first American since Justice Robert Jackson and Telford Taylor at the 1945 Nuremberg Trials to be the Chief Prosecutor of an international war crimes tribunal. The Office of the Prosecutor is located with the Special Court in Freetown, Sierra Leone. Professor Crane served over 30 years in the federal government of the United States. Appointed to the Senior Executive Service of the United States in 1997, Professor Crane has held numerous key managerial positions during his three decades of public service, to include serving as the Waldemar A. Solf Professor of International Law at the United States Army Judge Advocate General’s School. Professor Crane teaches international civil and criminal law, international humanitarian law, and national security law courses at the College of Law. Additionally, he is a member of the faculty of the Institute for National Security and Counterterrorism, a joint venture with the Maxwell School of Citizenship and Public Affairs at Syracuse University. Professor Crane is on the leadership council of the American Bar Association’s International Law Section and serves as a co-chair on the section’s International Criminal Court Task Force. In 2006, he worked with a dedicated group of students to found Impunity Watch (www.ImpunityWatch.com) a law review and public service blog, with the official launch of the journal in October 2007. iv DEDICATION SEEKING JUSTICE IN A CHANGING WORLD by Warren Popp Impunity Watch dedicates this year’s Annual Review to those individuals across the globe who, against all odds, stood up to the beast of impunity to fight for human rights and freedom. The daily work of Impunity Watch has allowed us to better understand how a humble street vendor in Tunisia could become the catalyst for a revolution that now has the potential to free millions of people from oppression and tyranny at the hands of their own government. We also began to see how important it is to keep up with an ever-changing and developing world, and to not cave into the apathy or defeatism that sometimes makes the work of human rights defenders feel insurmountable. When a government suppresses its own people, change, and even revolution, is not only possible, it is inevitable. It has been a busy and productive year for Impunity Watch, as we worked fervently to stay on top of rapidly changing human rights situations across the globe. Although we always wish that we could do more, we are confident that we have succeeded in our goal of shedding light on government impunity through the publication of professional news stories and academic articles of the highest caliber. Included in this year’s issue of our Annual Review is a sampling of some of our finest work to date. To keep up with the changing times, this year we were excited to launch the first law journal mobile app, which is available in the Android Market and will be available soon for iPhones and iPads. This was an effort that was initiated by the previous year’s Impunity Watch leadership team—with the help of two committed graduate student developers from the Syracuse University School of Information Studies—in recognition of the essential role this type of mobile access is playing in supporting the work of the activists of the “Arab Spring” and beyond, and is an effort that this year’s team was proud to ultimately bring to fruition. We believe that these new platforms will help make our publication more accessible and, as a result, will help further the reach of our work. In recognition of a responsibility for Impunity Watch to give back to the communities that support us, coupled with the desire to fill an educational void amongst much of the U.S. citizenry, this year we were extremely proud to launch our community outreach program. Led by the tireless efforts of our first ever Community