The international human rights movement: A history

The International Human Rights Movement: A History

Volumn , Issue , 2012, Pages

  Neier, Aryeh ^a  

^a SCIENCES PO   (France)

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EID: 84873278593     PISSN: None     EISSN: None     Source Type: Book    
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References (221)

1. C. J. Chivers, "A Fearless Activist in a Land of Thugs," New York Times, July 18, 2009.
2. Samuel Moyn, The Last Utopia: Human Rights in History (Cambridge, MA: Harvard University Press), p.7.
3. Robert Gates, From the Shadows (New York: Simon & Schuster, 1996), p. 89.
4. Jeane Kirkpatrick, "Dictatorships and Double Standards," Commentary 68-5 (November 1979).
5. Lynn Hunt, Inventing Human Rights: A History (New York: W.W. Norton, 2007), p. 27.
6. Paul Gordon Lauren, The Evolution of International Human Rights (Philadelphia, PA: University of Pennsylvania Press, 2003), p. 17.
7. Christopher Hill, The World Turned Upside Down: Radical Ideas during the English Revolution (New York: Viking, 1972), pp. 292-93.
8. Cited in David Zaret, "Tradition, Human Rights and the English Revolution," Human Rights and Revolutions, Jeffrey N. Wasserstrom, Greg Grandin, Lynn Hunt and Marilyn B. Young, eds. (Lanham, MD: Rowman and Littlefield, 2007), p. 61.
9. See Christopher Hill, Milton and the English Revolutions (New York: Viking,1977), pp.149-60.
10. As early as the sixteenth century, the Spanish missionary Bartolomé de Las Casas denounced the destruction of the Indian civilizations of the new world and the colonial oppression in which Indians were held in servitude. Unfortunately, one of his proposed solutions was the importation of African slaves to take the place of the Indians on whose behalf he struggled.
11. See Social Contract: Essays by Locke, Hume and Rousseau (London: Oxford University Press, 1953), pp. 5-8.
12. Bentham wrote that "natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense, nonsense upon stilts," in Anarchical Fallacies: Being an Examination of the Declaration of Rights Issues during the French Revolution, 1792.
13. David Brion Davis, Inhuman Bondage: The Rise and Fall of Slavery in the New World (New York: Oxford University Press, 2006), p. 159.
14. Henry Mayer, All on Fire: William Lloyd Garrison and the Abolition of Slavery (New York: St. Martin's Griffin, 1998), p. 52.
15. David King, Vienna 1814: How the Conquerors of Napoleon Made Love, War and Peace at the Congress of Vienna (New York: Random House, 2008), p. 217.
16. Davis, op. cit., p. 326.
17. The preamble to the resolutions adopted at Seneca Falls cites Blackstone for the proposition that the "law of Nature . . . is binding over all the globe, in all countries at all times . . . ." The first resolution then provides, "That all laws which prevent woman from occupying such a station in society as her conscience shall dictate, or which place her in a position inferior to that of man, are contrary to the great precept of nature, and therefore of no force or authority."
18. See Margaret E. Keck and Kathryn Sikkink, Activists beyond Borders: Advocacy Networks in International Politics (Ithaca, NY: Cornell University Press, 1998), pp. 60-66. It is difficult to assess membership figures in circumstances in which it would have been complicated to rely on such mechanisms as the regular payment of dues to ascertain the intentions of those associated with an organization.
19. See Ellen Chesler, Woman of Valor: Margaret Sanger and the Birth Control Movement in America (New York: Simon & Schuster, 1992).
20. See Edmund Wilson, Patriotic Gore (New York: Farrar, Straus & Giroux, 1965), pp. 535-37 for an account of Tourgée.
21. For an account of Tourgée's efforts in Plessy's case, see Otto H. Olsen, The Thin Disguise (New York: Humanities Press, 1967).
22. Plessy v. Ferguson, 163 U.S. 537 (1896).
23. See Charles Black, "The Lawfulness of the Segregation Decisions," (Yale Law Journal 69 [1960], p. 421) for a more extended comment along these lines.
24. See Samuel Walker, In Defense of American Liberties: A History of the ACLU (New York: Oxford University Press, 1990), p. 22.
25. See Roy Jenkins, Gladstone: A Biography (New York: Random House, 1997), pp. 121-26 for an account of his efforts dealing with prison conditions in Naples; and pp. 399-414 for his denunciation of the "Bulgarian horrors".
26. John Fabian Witt, Patriots and Cosmopolitans: Hidden Histories of American Law (Cambridge, MA: Harvard University Press, 2007), pp. 174-75.
27. Adam Hochschild, King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa (Boston: Houghton Mifflin, 1998).
28. 245 U.S. 60 (1917).
29. See Zechariah Chafee, Jr., Free Speech in the United States (Cambridge, MA: Harvard University Press, 1941), for the classic account of the suppression of dissent during the World War I era.
30. John Fabian Witt, op. cit., p. 158
31. Colyer v. Skeffington 265 Fed 17 (D. Mass 1920). The two lawyers were Felix Frankfurter, subsequently a justice of the United States Supreme Court, and Zechariah Chafee, Jr., who was long regarded as the country's leading First Amendment scholar.
32. For Gandhi's own account of these experiences, see Gandhi: An Autobiography (London: Jonathan Cape, 1949).
33. See Gary Bass, Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton, NJ: Princeton University Press, 2000), p. 117.
34. See Robert C. Cottrell, Roger Nash Baldwin and the American Civil Liberties Union (New York: Columbia University Press, 2000), p. 178.
35. Cottrell, op. cit., p. 180.
36. Interview with Justice Tarkunde by author, New Delhi, India, 1980.
37. Lauren, op. cit., p. 106.
38. An organization with the same name was established in England during World War I but did not last long. Among those who were in contact with the group were Bertrand Russell and George Bernard Shaw, though it is not clear whether they were members, or why the organization expired. It appears that this short-lived organization played a role in popularizing the term "civil liberties" and influenced its adoption in the United States.
39. See The Collected Essays, Journalism and Letters of George Orwell, Sonia Orwell and Ian Angus, eds., vols. 3 and 4 (New York: Harcourt, Brace and World, 1968).
40. Lauren, op, cit., pp.147-48.
41. See Peggy Lamson, Roger Baldwin: Founder of the American Civil Liberties Union (Boston: Houghton Mifflin, 1976), pp. 272-73.
42. See "Two Concepts of Liberty," reprinted in Isaiah Berlin, Four Essays on Liberty (Oxford: Oxford University Press, 1969), pp. 118-72. Berlin discusses "self realization" as an aspect of positive liberty, which seems comparable to the pursuit of happiness.
43. Mary Ann Glendon, A World Made New! Eleanor Roosevelt and the Universal Declaration of Human Rights (New York: Random House, 2001), p. xx.
44. Lynn Hunt, Inventing Human Rights: A History (New York: W.W. Norton, 2007), pp. 196-97.
45. Pierre-Joseph Proudhon, "What is Property? Or, an Inquiry Into the Principle of Right and of Government," 1840. Reprinted in Micheline R. Ishay, The Human Rights Reader (New York: Routledge, 2007), p. 211.
46. See Cass R. Sunstein, The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More than Ever (New York: Basic Books, 2004). Roosevelt's State of the Union Address of January 11, 1944 is reprinted as Appendix I, pp. 235-44.
47. Statement of Essential Human Rights, U.N. Doc. 1148 (1947).
48. See Philip Alston, "Making Space for New Human Rights: The Case of the Right to Development," Harvard Human Rights Yearbook, Spring 1988, pp. 3-40. Alston, a prominent advocate of economic and social rights, makes a somewhat half-hearted case for expanding the list of rights to include this right. His failure to advocate it more forcefully seems to reflect recognition that there is no institution that could compel global redistribution as a matter of right.
49. Department of State Bulletin, December 8, 1952.
50. See Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977).
51. For an argument that the right to environment can be judicially enforced, see Alexandre Kiss, "Concept and Possible Implications of the Right to Environment" in Human Rights in the Twenty-first Century: A Global Challenge, Kathleen Mahoney and Paul Mahoney, eds. (Dordrecht: Martinus Nijhoff, 1993), pp. 551-60.
52. See Shylashri Shankar and Pratap Bhanu Mehta, "Courts and Socioeconomic Rights in India," in Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World, Varun Gauri and Daniel M. Brinks, eds. (New York: Cambridge University Press, 2008), p. 177.
53. Ronald Dworkin, Taking Rights Seriously, op cit.
54. I.CON vol. 1, no. 4 (New York: Oxford University Press and New York University School of Law, 2003), pp. 600-601.
55. Soobramoney v. Minister of Health, Kwazulu-Natal, 1998 (1) SALR 765 (cc).
56. Grootboom, 2001 (1) SALR 46 (cc).
57. TAC, 2002 (5) 721 (cc).
58. Chaskalson, op. cit., p. 607.
59. Varun Gauri and Daniel M. Brinks, eds. (New York: Cambridge University Press, 2008).
60. Amartya Sen, The Idea of Justice (Cambridge, MA: Harvard University Press, 2009).
61. See Sunstein, The Second Bill of Rights, op.cit.
62. See Kenneth Roth, "Defending Economic, Social and Cultural Rights: Practical Issues Faced by an International Human Rights Organization," Human Rights Quarterly 26 (2004), pp. 63-73.
63. The Federalist, no. 78.
64. See Bilahari Kausikan, "Asia's Different Standard," Foreign Policy, Fall 1993, pp. 24-41.
65. See Amartya Sen, Development as Freedom (New York: Knopf, 1999).
66. See David Bandurski and Martin Hala, Investigative Journalism in China: Eight Cases in Chinese Watchdog Journalism (Hong Kong: Hong Kong University Press, 2010).
67. *175 U.S. 677 (1900).
68. See Theodor Meron, Human Rights and Humanitarian Norms as Customary Law (Oxford: Clarendon Press, 1989).
69. Robert C. Stacey, "The Age of Chivalry," in Michael Howard, George Andreopoulos, and Mark Shulman, eds., The Laws of War: Constraints on Warfare in the Western World (New Haven, CT: Yale University Press, 1994), p. 30.
70. Hugo Grotius, De Jure Belli Ac Pacis Libre Tres, 1625.
71. Jean Jacques Rousseau, The Social Contract, Book I, Chapter IV.
72. See Caroline Moorehead, Dunant's Dream: War, Switzerland and the History of the Red Cross (New York: Carroll & Graf, 1999), for a comprehensive history of Dunant and the institution he founded, the International Committee of the Red Cross.
73. Cited in Cecil Woodham-Smith, Florence Nightingale (London: Constable), p. 134.
74. Adam Roberts and Richard Guelff, Documents on the Laws of War (Oxford: Clarendon Press, 1989), p. 7.
75. Theodor Meron, International Law in the Age of Human Rights (Leiden and Boston: Martinus Nijhoff, 2004), p. 43, fn. 56.
76. Adam Roberts, "Land Warfare From Hague to Nuremberg," in Michael Howard, George Andreopoulos, and Mark Shulman, eds., op cit., p. 130.
77. 333 House of Commons Debates (March 23, 1938).
78. 337 House of Commons Debates ( June 21, 1938).
79. See Telford Taylor, The Anatomy of the Nuremberg Trials (New York: Knopf, 1992), for a first-hand account by an attorney who became chief prosecutor at Nuremberg after Justice Robert Jackson returned to his place on the U.S. Supreme Court.
80. To the ICRC's credit, it has been a leading sponsor and publisher of scholarship critical of its own role during World War II. See Arieh Ben-T ov, Facing the Holocaust in Budapest: The International Committee of the Red Cross and the Jews in Hungary, 1943-1945 (Dordrecht: Martinus Nijhoff, 1988).
81. See Moorehead, op. cit., pp. 624-6, for a discussion of the role of Bernard Kouchner in leading the formation of Médecins Sans Frontières as a result of his experience in the Biafran conflict.
82. See Peter Bergen, The Longest War: The Enduring Conflict between America and Al-Qaeda (New York: Free Press, 2011), pp. 95-120, for a discussion of the Bush administration's decision to jettison application of the Geneva Conventions to the war in Afghanistan.
83. Gabor Rona, "International Law Under Fire-Interesting Times for International Humanitarian Law: Challenges from the War on Terror," The Fletcher Forum of World Affairs 27/2 (Summer/Fall 2003).
84. In August 2009, Holder authorized a preliminary investigation to determine whether CIA agents who went beyond the practices that were justified in legal opinions from the Justice Department in their mistreatment of detainees should be prosecuted. The results of that investigation are not known at this writing.
85. Theodor Meron, op. cit., pp. 27-30.
86. Ludmilla Alexeyeva, Soviet Dissent: Contemporary Movements for National, Religious and Human Rights (Middletown, CT: Wesleyan University Press, 1985), pp. 275-76.
87. After Yuli Daniel's death, Larissa Bogoraz married Marchenko. He became the second husband she lost whose death was probably hastened by imprisonment.
88. In Israel he modified his name and became Natan Sharansky.
89. The treaty that concluded the Congress of Vienna 160 years earlier had been called the "Final Act." Apparently, history-minded diplomats who took part in the Helsinki meeting chose that name for the accords that concluded their peace conference. The Congress of Vienna had been a focus of the scholarship of one of those diplomats, Henry Kissinger, before he became a government official.
90. Alexeyva, op. cit., p. 338.
91. See Timothy Garton Ash, The Polish Revolution: Solidarity (New York: Scribner, 1984).
92. This number sometimes appears as "241" because one of the signatories withdrew soon after the manifesto was published.
93. See Vaclav Havel, Disturbing the Peace (New York: Knopf, 1990).
94. Wei Jingsheng, The Courage to Stand Alone: Letters from Prison and Other Writings (New York: Viking, 1997), p. 253.
95. Ian Buruma, Bad Elements: Chinese Rebels from Los Angeles to Beijing (New York: Random House, 2001), p. 101
96. See Elizabeth Becker, When the War Was Over: The Voices of Cambodia's Revolution and Its People (New York: Simon & Schuster, 1986).
97. Hugh Thomas, The Cuban Revolution (New York: Harper Torchbooks, 1971), p. 684.
98. See Aryeh Neier, Taking Liberties: Four Decades in the Struggle for Rights (New York: Public Affairs, 2003), pp. 256-70.
99. See George Black and Robin Munro, The Black Hands of Beijing: Lives of Defiance in China's Democracy Movement (New York: Wiley, 1993), pp. 139-52.
100. It was widely rumored at the time that the military units sent into Beijing were drawn from distant parts of the country and spoke dialects that would have made it difficult to communicate with the Mandarin-speaking residents of the capital. Reportedly, the delay in sending in the troops was attributable, at least in part, to the need to assemble such units for the June 3-4 crackdown.
101. Letter of January 23, 1996, published in Izvestia on January 24, 1996, and in a translation by Catherine A. Fitzpatrick in the New York Review of Books, February 29, 1996.
102. "The Putin Put-O n," translated by Jamey Gambrell, New York Review of Books, August 9, 2001.
103. An account of Kovalev's struggle for human rights during both the Soviet era and in post-Soviet Russia appears in Emma Gilligan, Defending Human Rights in Russia: Sergei Kovalev, Dissident and Human Rights Commissioner, 1969-2003 (London: Routledge Curzon, 2004).
104. New York Times, September 11, 1974. Quoted by Seymour Hersh.
105. See Peter Kornbluh, The Pinochet File: A Declassified Dossier on Atrocity and Accountability (A National Security Archive Book. New York: The New Press, 2003).
106. Pamela Constable and Arturo Valenzuela, A Nation of Enemies: Chile under Pinochet (New York: W.W. Norton, 1991), p. 120.
107. For a valuable account of this period, see Lars Schoultz, Human Rights and United States Policy toward Latin America (Princeton, NJ: Princeton University Press, 1981).
108. See Emilio F. Mignone, Witness to the Truth: The Complicity of Church and Dictatorship in Argentina (Maryknoll, NY: Orbis Books, 1988).
109. Jeane J. Kirkpatrick, "Dictatorships and Double Standards," Commentary (November 1979).
110. See Mark Danner, The Massacre at El Mozote (New York: Vintage Books, 1994).
111. Text of President Reagan's Address to Parliament on Promoting Democracy," New York Times, June 9, 1982.
112. See Lawyers Committee for Human Rights and The Watch Committees, "The Reagan Administration's Record on Human Rights in 1985," (1986), pp. 65-66.
113. Duvalier returned to the country twenty-five years later, in January 2011, about the time of the first anniversary of an earthquake that had resulted in more than two hundred thousand deaths.
114. See Americas Watch, El Salvador's Decade of Terror (New Haven, CT: Yale University Press, 1991), p. 133.
115. See Aryeh Neier, "Economic Sanctions and Human Rights," in Samantha Power and Graham Allison, eds., Realizing Human Rights: Moving from Inspiration to Impact (New York: St. Martin's Press, 2000), p. 299.
116. See Linda Rabben, Fierce Legion of Friends: A History of Human Rights Campaigns and Campaigners (Brentwood, MD: The Quixote Center, 2002), p. 182.
117. See Jonathan Power, Amnesty International: The Human Rights Story (New York: McGraw Hill, 1981), pp. 13-14, for an account of the way that Amnesty dealt with the Mandela case.
118. The Amnesty International Handbook (Claremont, CA: Hunter House, 1991), p. 140.
119. Power, op. cit., back cover.
120. Ann Marie Clark, Diplomacy of Conscience, Amnesty International and Changing Human Rights Norms (Princeton, NJ: Princeton University Press, 2001), p. 15.
121. Greenpeace, a large membership organization in the environmental field also characterized by a high level of volunteer activity, was founded in Vancouver in 1971, a decade after Amnesty.
122. Darius Rejali, Torture and Democracy (Princeton, NJ: Princeton University Press, 2007), pp. 42-43.
123. Edward Peters, Torture (Oxford: Basil Blackwell, 1985), p. 160.
124. See Peter Baehr, "Amnesty International and its Self-Imposed Limited Mandate," in Neths Q.H.R. 5 (1994). Reprinted in Henry J. Steiner and Philip Alston, International Human Rights in Context (Oxford: Clarendon Press, 1996), p. 483.
125. The Writer and Human Rights, edited by the Toronto Arts Group for Human Rights (Garden City, NY: Anchor Press/Doubleday,1983), pp. 237-40.
126. See Stephen Hopgood, Keepers of the Flame: Understanding Amnesty International (Ithaca, NY: Cornell University Press, 2006).
127. In subsequent years, Hammarberg held other posts in which he played an important role in the promotion of human rights. At this writing, he is Commissioner of Human Rights for the Council of Europe.
128. Quoted in Hopgood, op cit., pp. 101-102
129. See Margaret Keck and Kathryn Sikkink, Activists beyond Borders (Ithaca, NY: Cornell University Press, 1998). They write, "Zalaquett inspired a generation of new activists, many of whom mention him as one of the individuals they most admired" (p. 91).
130. William Korey, NGOs and the Universal Declaration of Human Rights (New York: St. Martin's Press, 1998), p. 160.
131. Amnesty International Report 1983 (London 1983), p. 351.
132. See Schoultz, op. cit., pp. 84-85.
133. Hopgood, op. cit.
134. Washington Post, "American Gulag," May 26, 2005.
135. Harvard Business School, "Amnesty International," John Quelch and Nathalie Laidler, August 7, 2003, p. 8.
136. Amnesty International Report 2009: The State of the World's Human Rights (New York: Amnesty International, U.S.A., 2009), p. 17.
137. The last time the Senate had rejected presidential nominees was about a decade earlier when President Nixon's nominations of two candidates for the U.S. Supreme Court, Clement Haynsworth and Harold Carswell, were turned down. No nominee by either President Ford or President Carter was defeated in a Senate vote.
138. Jacobo Timerman, Prisoner Without a Name, Cell Without a Number (New York: Knopf, 1981). Knopf is a division of Random House.
139. The report was subsequently published in book form as Report on Human Rights in El Salvador, compiled by Americas Watch Committee (New York: Vintage Books, 1982).
140. Alison des Forges's major work is Leave None to Tell the Story: Genocide in Rwanda (New York: Human Rights Watch, 1999).
141. Middle East Watch, Human Rights in Iraq (New Haven, CT: Yale University Press, 1990).
142. The products of this research are summarized in Human Rights Watch, Iraq's Crime of Genocide: The Anfal Campaign against the Kurds (New Haven, CT: Yale University Press, 1995).
143. See Human Rights Watch, "Genocide in Iraq: The Anfal Campaign against the Kurds" (1993).
144. The first such case was brought by Bosnia against Serbia. After thirteen years of litigation, it ended in 2006 with a judgment that essentially vindicated Serbia of the most serious charges.
145. "Roth's Supersessionism," editorial in the New York Sun, July 31, 2006.
146. New York Sun, August 2, 2007.
147. Alan Dershowitz, "What is 'Human Rights Watch' Watching?" Jerusalem Post, August 24, 2006.
148. New York Sun, July 31, 2006.
149. Aryeh Neier, "The Attack on Human Rights Watch," New York Review of Books, November 2, 2006, p. 41.
150. Robert F. Worth, "Lebanon: Low Funds Imperil Bomb Removal," New York Times, August 23, 2008.
151. Robert L. Bernstein, "Rights Watchdog, Lost in the Mideast," New York Times, October 20, 2009. See also NGO Monitor, "Experts or Ideologues," Jerusalem, September 2009, for a more extended critique along similar lines to Bernstein's essay.
152. Aryeh Neier, "Human Rights Watch Should Not Be Criticized for Doing Its Job," Huffington Post, November 2, 2009.
153. Clifford J. Levy, "Defining Genocide Down," New York Times, August 9, 2009.
154. Human Rights Watch, "Up In Flames: Humanitarian Law Violations in the Conflict over South Ossetia," January 2009.
155. See Aryeh Neier, Taking Liberties: Four Decades in the Struggle for Rights (New York: Public Affairs, 2003), pp. 230-31 for a more detailed account.
156. In the war in Iraq, those figures changed. By ensuring that wounded American soldiers got immediate high quality medical care, the proportion of those killed dropped to one of nine or one of ten.
157. The Ford Foundation program staff at that time also disagreed with Human Rights Watch's focus on promoting compliance with international humanitarian law, and that was probably also a factor in their decision to cut back on funding.
158. Joseph Amon, "Preventing the Further Spread of HIV/AIDS: The Essential Role of Human Rights," in Human Rights Watch, World Report 2006, pp.53-54.
159. In a letter to the editor published in the Washington Post ( June 13, 2010), Krulak wrote that "the greatest cost of Guantanamo has been to American global leadership and credibility that respects the rule of law."
160. See Christopher Joyce and Eric Stover, Witnesses from the Grave: The Stories Bones Tell (Boston: Little, Brown, 1991), Stover's co-authored book about the forensic investigations carried out by Clyde Snow.
161. Physicians for Human Rights has also obtained a limited amount of U.S. government funding through such bodies as the National Endowment for Democracy. Amnesty International and Human Rights Watch accept no government support.
162. See William Korey, NGOs and the Universal Declaration of Human Rights (New York: St. Martin's Press, 1998), pp. 443-67, for a discussion of Freedom House and its espousal of the work of Harry Wu and Nina Shea.
163. International Commission of Jurists, Assessing Damage, Urging Action" Report of the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights (Geneva, 2009).
164. Nunca Mas (Never Again). An English-language version was published in the United States as Nunca Mas: The Report of the Argentine National Commission of the Disappeared (New York: Farrar, Straus & Giroux, 1986).
165. See Lawrence Weschler, A Miracle, A Universe: Settling Accounts with Torturers (New York: Pantheon, 1990), for the story of the struggle in Uruguay.
166. See José Zalaquett, "Confronting Human Rights Violations Committed by Former Governments: Principles Applicable and Political Constraints," in Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Neil J. Kritz, ed., vol. 1 (Washington, DC: United States Institute of Peace, 1995), p. 3. Zalaquett was an architect of Chile's Truth and Reconciliation Commission and served as one of the members.
167. See Thomas Buergenthal, "The United Nations Truth Commission For El Salvador," in Kritz, op.cit., vol. 1, p. 292. Buergenthal was a member of the Commission for El Salvador.
168. "El Salvador: Mexico Peace Agreement-Provisions on Purging of the Armed Forces," in Kritz, op. cit., vol. 3, p. 386. The text of the agreement under which the dismissals took place.
169. See Antije Krog, Country of My Skull (Cape Town: Random House, 1998), for an account of the work of the South Africa Truth and Reconciliation Commission by a journalist who covered its proceedings for the South African Broadcasting Company.
170. See Alex Boraine, A Country Unmasked: Inside South Africa's Truth and Reconciliation Commission (Oxford: Oxford University Press, 2000). Boraine served as deputy chair of the South African Commission.
171. See Hayner's book, Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions, 2nd edition (New York: Routledge, 2011), pp. 27-44.
172. Historically, Muslims in Bosnia had been identified that way because their religion differed from those of the Catholic Croats and the Orthodox Serbs. In the post-World War II era, under the Communist dictatorship of Marshall Tito, efforts were made by the state to reduce or eliminate the significance of religion, and Muslims came to be seen as a separate ethnic group.
173. Roy Gutman, "Death Camps: Survivors Tell of Captivity, Mass Slaughters in Bosnia," Newsday (Long Island, New York), August 2, 1992. Reprinted in Roy Gutman, A Witness to Genocide (New York: Macmillan, 1993), p. 44.
174. See David Rohde, Endgame: The Betrayal and Fall of Srebrenica: Europe's Worst Massacre since World War II (New York: Farrar, Straus and Giroux, 1997).
175. Mahmood Mamdani, "The New Humanitarian Order," The Nation, New York, September 29, 2008.
176. It should be noted, however, that three of the five governments that pay the lion's share of the costs of the African Union are those ofArab states: Algeria, Egypt, and Libya. The other two are Nigeria and South Africa.
177. For a detailed study of the relationship between accountability and peace, see Human Rights Watch, "Selling Justice Short: Why Accountability Matters for Peace," 2009.
178. Avaluable account of one of those cases appears in Judith Armatta, Twilight of Impunity: The War Crimes Trial of Slobodan Milosevic (Durham, NC: Duke University Press, 2010).
179. See Michael A. Newton and Michael P. Scharf, Enemy of State: The Trial and Excution of Saddam Hussein (New York: St. Martin's Press, 2008).
180. Iris Origo, The Merchant of Prato (Boston: Godine, 1986), p.348.
181. Address to the Council on Foreign Relations, New York, February 10, 2003.
182. See Richard Clarke, Against All Enemies: America's War on Terror (New York: Free Press, 2004).
183. See The 9/11 Commission Report (New York: W.W. Norton, 2004), pp. 261-21, for a redacted version of the presidential Daily Brief received by President George W. Bush on August 6, 2001.
184. See David Cole and Jules Lobel, Less Safe, Less Free: Why America is Losing the War on Terror (New York: The New Press, 2007), for an extended discussion of the influence and significance of the preventive approach on the Bush administration's terrorism policies.
185. Transcript, Meet the Press, September 16, 2002.
186. Memorandum to President George W. Bush from Alberto Gonzales, January 25, 2002.
187. Memorandum from President George W. Bush to the Vice President et al., February 7, 2002.
188. Jameel Jaffer and Amrit Singh, Administration of Torture (New York: Columbia University Press, 2008), pp. 29-30.
189. See U.S. State Department, Office of the Coordinator for Counterterrorism, "Patterns of Global Terrorism 2003 (2004)." Though this report does not identify abuses, it does indicate which governments cooperated in counterterrorism efforts.
190. Edward Cody, "French Court Expands Terrorism Suspects' Right to a Lawyer," Washington Post, October 20, 2010.
191. Cited in Frederick A. O. Schwarz, Jr. and Aziz Huq, Unchecked and Unbalanced: Presidential Power in a Time of Terror (New York: The New Press, 2007), p. 156. This episode figures centrally in the 2008 film, "Frost/Nixon."
192. Morrison v. Olson, 487 U.S. 654 (1988).
193. See Frederick A. O. Schwarz, Jr. and Aziz Huq, op. cit., pp. 152-53.
194. Alex MacGillis, "4th Grader Questions Rice on Waterboarding," Washington Post, May 4, 2009.
195. 542 U.S. 466 (2004).
196. 542 U.S. 507 (2004).
197. 548 U.S. 557 (2006).
198. Also, for an account of the case, see Jonathan Mahler, The Challenge: Hamdan v. Rumsfeld and the Fight over Presidential Power (New York: Farrar, Straus and Giroux, 2008).
199. 553 U.S. 723 (2008).
200. At this writing, close to three years have expired since that assertion by President Obama. Congressional resistance suggests that the president will have difficulty carrying out his plans. Most observers believe that the president may be unable to make good on his commitment.
201. President Obama subsequently said that the use of military commissions would continue, but that more due process protections would be provided than under President Bush's order initially establishing them.
202. Edward Cody, "Ex-Detainee Describes Struggle for Exoneration," Washington Post, May 26, 2009.
203. Richard Zabel and James J. Benjamin, Jr., "In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts: 2009 Update and Recent Developments," (New York: Human Rights First, July 2009).
204. See generally, Jane Mayer, The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals (New York: Doubleday, 2008).
205. See Peter Bergen, The Longest War: The Enduring Conflict between America and Al-Qaeda (New York: Simon & Schuster, 2011), pp. 95-120.
206. Holder v. Humanitarian Law Project, 130 S. Ct. 2705 (2010).
207. Mohammed v. Jeppesen, U.S. Court of Appeals for the Ninth Circuit, No. 8-15693, September 8, 2010.
208. The judges subsequently upheld an expansion of the indictment to include the crime of genocide.
209. Some accounts of this effort refer to le droit d'ingerence [the right of intervention]. Kouchner's word was devoir [duty].
210. See Gary J. Bass, Freedom's Battle: The Origins of Humanitarian Intervention (New York: Knopf, 2008).
211. "The Responsibility to Protect," Report of the International Commission on Intervention and State Sovereignty, International Development Research Center, Ottawa, 2001.
212. See also Gareth Evans, The Responsibility to Protect: Ending Mass Atrocity Crimes Once and For All, (Washington, DC: Brookings Institution Press, 2008). Evans, who served as co-chair of the International Commission, has been a leading proponent of R2P. After serving as foreign minister of Australia, he was president of the International Crisis Group.
213. In January 2007, China and Russia vetoed a resolution to place the situation in Burma on the Security Council's agenda, arguing that Burma did not pose a threat to peace and security in the region.
214. See John Harwood, "Opportunity and Perils for Obama in Military Action in Libya," New York Times, March 28, 2011, for a rare example of a news story that mentioned R2P in discussing the intervention in Libya.
215. If Osama bin Laden had surrendered, of course, it would not be legitimate to kill him. On the other hand, the fact that he was unarmed when he was killed does not make the killing illegitimate. Bin Laden had engaged in sustained combat against the United States and was responsible for killing thousands. It was, therefore, reasonable to attack him as an enemy combatant.
216. O ther members included Hina Jilani, a well-known Pakistani human rights lawyer (see chapter 10); Georges Abi Saab, a leading Egyptian scholar of international humanitarian law, who served as a judge on the International Criminal Tribunal for the Former Yugoslavia; and Robert Goldman, another leading expert on international humanitarian law who served as president of the Inter-American Commission on Human Rights.
217. International Commission of Jurists, "Assessing Damage, Urging Action: Report of the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights," (Geneva, 2009), p. 110.
218. In the Netherlands, some of those who have manifested intolerance against Muslims justify their activities on the ground that Muslims are intolerant. On such grounds, gays-such as the late Pim Fortuyn-have been outspoken antagonists of Islam in Dutch society.
219. The leading U. S. Supreme Court case in this area is Brandenburg v. Ohio, 395 U.S. 444 (1969).
220. In the United States, this is often referred to by free speech proponents as a "heckler's veto." The term was coined by a prominent First Amendment scholar at the University of Chicago Law School, Philip Kurland.
221. In August 2010, U.N. Secretary General Ban Ki-moon proposed to the Security Council that it should establish a new tribunal to prosecute pirates operating off the Somali coast. Presumably, such a tribunal would not arouse political controversy of the sort provoked by the ICC indictment of President Bashir.