Matching Items (15)
Description
What explains why governments and militaries pursue accountability against some human rights violations committed by members of their armed forces during ongoing conflicts, but not other violations? Further, what are the consequences of such prosecutions for their military and governmental objectives? The theory put forth by this study suggests that rather than only the natural outcome of strong rule of law, domestic prosecutions within a state’s security apparatus represents a strategic choice made by political and military actors. I employ a strategic actor approach to the pursuit of accountability, suggesting that the likelihood of accountability increases when elites perceive they will gain politically or militarily from such actions. I investigate these claims using both qualitative and quantitative methods in a comparative study across the United States and the United Kingdom. This project contributes to interdisciplinary scholarly research relevant to human rights studies, human rights law, political science, democratic state-building, democratic governance, elite decision making, counter-insurgency, protests, international sanctions, and conflict resolution. Particularly, this dissertation speaks to the intersection of strategy and law, or “lawfare” a method of warfare where law is used as means of realizing a military objective (Dunlap 2001). It provides generalizable results extending well beyond the cases analyzed. Thus, the results of this project will interest those dealing with questions relating to legitimacy, human rights, and elite decision making throughout the democratic world.
ContributorsSimmons, Alan James (Author) / Wood, Reed (Thesis advisor) / Peskin, Victor (Thesis advisor) / Lake, Milli (Committee member) / Arizona State University (Publisher)
Created2018
Description
The creation of a wide array of international institutions has resulted in a diverse set of theories dedicated to explaining their development. Two theories in particular —neoliberal institutionalism and world culture theory — provide contrasting explanations for the emergence of these institutions. Neoliberal institutionalism is actor-centered, stressing the need for coordination and control to achieve a material interest-based social optimum. World culture theory takes into account a larger world culture that assigns agency to a wider variety of actors and a norm of institutional creation. This essay seeks to navigate the applicability of these two theories by examining the institutional category of international courts. The purpose of this essay is not to prove one theory’s applicability over the other, but rather to argue for the need for inclusion of a culture-centered approach in the analysis of newer and future international courts.
To illustrate this point, this essay identifies two distinct trends in the creation of international courts: trends in functionality and jurisdiction. The original function of courts has changed from strictly resolving disputes between states to include the enforcement of different types of international law. The jurisdiction of international courts has shifted in three areas: personal, subject matter, and membership jurisdiction. International courts now issue binding judgments that apply to actors other than states, interpret a more expansive selection of international law treaties and custom, and include more compulsory aspects for state membership in their founding documents. These trends are then used as a platform for application and analysis of both neoliberal institutionalism and world culture theory. The establishment of the International Criminal Court (ICC) in 2002 represents the latest forms of expanded functions and jurisdiction and is used as an in-depth case study. Specific aspects of the ICC’s negotiation process, such as the prominent use of moral discourse on the part of all actors and the significant and effective role played by non-state actors, holds unique implications for theoretical analysis. These two factors, in particular, illustrate a need to consider culture-based explanations for the ICC’s establishment in addition to traditional actor-centered theories.
To illustrate this point, this essay identifies two distinct trends in the creation of international courts: trends in functionality and jurisdiction. The original function of courts has changed from strictly resolving disputes between states to include the enforcement of different types of international law. The jurisdiction of international courts has shifted in three areas: personal, subject matter, and membership jurisdiction. International courts now issue binding judgments that apply to actors other than states, interpret a more expansive selection of international law treaties and custom, and include more compulsory aspects for state membership in their founding documents. These trends are then used as a platform for application and analysis of both neoliberal institutionalism and world culture theory. The establishment of the International Criminal Court (ICC) in 2002 represents the latest forms of expanded functions and jurisdiction and is used as an in-depth case study. Specific aspects of the ICC’s negotiation process, such as the prominent use of moral discourse on the part of all actors and the significant and effective role played by non-state actors, holds unique implications for theoretical analysis. These two factors, in particular, illustrate a need to consider culture-based explanations for the ICC’s establishment in addition to traditional actor-centered theories.
ContributorsMagee, Alexa Erin (Author) / Thomas, George (Thesis director) / Peskin, Victor (Committee member) / School of Politics and Global Studies (Contributor) / School of Social Transformation (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
In this paper, I wish to reassess the role of the International Criminal Court regarding victims and affected communities as we approach the tenth anniversary of the Court's establishment. I argue that the Court's intentions may be sound, the structure itself causes many difficulties and provisions for victims' participation are often difficult to implement or even dilatory to the administration of justice. The judicial ideals of the Court, including the maintenance of prosecutorial independence and the protection of due process rights of defendants, can actually come in conflict with victim participation provisions of the Rome Statute. In the course of my summer internship at the ICC, I came to believe that it is time to reconsider the Court's designation as an innovative organization and look for structural and institutional reform.
ContributorsMalvika, Sinha (Author) / Peskin, Victor (Thesis director) / Lynch, John (Committee member) / Hunter, Joel (Committee member) / Barrett, The Honors College (Contributor)
Created2011-12
Description
Unfortunately, rape has always been a part of war, but recently, media attention has focused on how rape has become a weapon of war on a massive scale. Though wartime rape and sexual assault has come to the forefront of our attention, the theories explaining wartime rape are still not adequate enough to explicate its presence in both the Rwandan and Bosnian Wars. These conflicts were chosen for two reasons. Firstly, they are two of the major conflicts in which rape ahs played a significant part. Secondly, these conflicts played an important role in the transistion in international law from focusing on murders and death to rape and sexual violence. For example, the Jean-Paul Akayesu trial was the first time in which rape was considered a crime against humanity. However, if the ultimate goal is to prevent wartime rape, it is not enough to simply prosecute those who commit it; rather, we must understand the reasons that it occurs. All of the existing theories are partially valid, but none presents a truly holistic explanation for wartime rape. In this paper, I will seek to composite a holistic approach, with the hope that such an approach will prevent the institution of policies that may be either ineffective or counter-productive for the safety of women.
ContributorsBarchilon, Michael (Author) / Durfee, Alesha (Thesis director) / Peskin, Victor (Committee member) / Borg, Stephan (Committee member) / Barrett, The Honors College (Contributor)
Created2009-05
Description
This paper examines five different human rights treaties in order to test the role of reservations in international law. Through the creation of a typology of reservations, which include Domestic Framework, Minor Objection, Oversight, Cultural, Political, and Negation Reservations, this paper tests the typology against three hypotheses: 1) reservations weaken international law, 2) reservations are neutral to international law, and 3) reservations strengthen international law. By classifying reservations on this spectrum of hypotheses, it became possible to determine whether reservations help or hinder the international human rights regime. The most utilized types of reservations were Domestic Framework Reservations, which demonstrates treaty reservations allow for states to engage with the treaties, thus strengthening international law. However, because the reservations also demonstrate a lack of willingness to be bound by an external oversight body, reservations also highlight a flaw of international law. CEDAW proved to be a general outlier because it had 2-6 times the amount of negation and cultural reservations, which could potentially be attributed to the more societal, as opposed to legal, adjustments required of States Parties.
ContributorsRhoades, Marissa Danielle (Author) / Rothenberg, Daniel (Thesis director) / Peskin, Victor (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / School of International Letters and Cultures (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Politics and Global Studies (Contributor)
Created2014-05
Description
Ten percent of the global population believed that the world would end on December 21, 2012. But people have believed that the world was going to end before. What causes these apocalyptic crazes and what allows them to spread beyond the fringes of society? What role does popular religion play in creating or spreading apocalyptic hysteria? How do these prophets of doom react when the world still exists past its predicted date of expiration? What about the people who believed them? This paper examines historical instances of apocalyptic predictions, how these predictions were formed out of or shaped by popular religion, as well as the reactions \u2014 both internal and external \u2014 of those who either predicted or believed that the end was near. After building this historical context, I turn my focus to the pop culture phenomenon that is the end of the Mayan Calendar. I attempt to understand and explain what aspects of the current social, religious, and psychological climate have contributed to the cultural ubiquity of and fascination with the December 21, 2012 apocalypse, and what the date actually meant to the Classical Maya. Finally, I examine the existential, religious, and cultural factors that make Americans in particular so ready and willing to believe that the end of the earth is imminent.
ContributorsSnarr, Cassandra Rose (Author) / Lynch, John (Thesis director) / Hunter, Joel (Committee member) / Bruhn, Karen (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Department of Psychology (Contributor)
Created2013-05
Description
"Baba Aruki: A Walk Down Baba Lane" will introduce the reader to scenes from my study abroad at Waseda University in Tokyo, Japan. The reader will experience the whirlwind nature of study abroad, the complexity of Japanese culture, and vicarious nostalgia for a place, time, and group of people now far removed from my daily life. I invite you to join me on this journey into my time in a different world. (Please note: turn on "comments" in the pdf file.)
ContributorsEvans, Rebecca Constance (Author) / Wong, Elizabeth (Thesis director) / Hunter, Joel (Committee member) / Scott Lynch, Jacquelyn (Committee member) / Barrett, The Honors College (Contributor) / School of International Letters and Cultures (Contributor)
Created2013-05
Description
The Hunger Games is one of the best representations of trauma and PTSD within a fictional work. While none of the characters are specifically diagnosed with PTSD, all of those who undergo the games put in place by the Capitol experience various forms of trauma and find various methods of coping. We see characters such as Haymitch or the morphling victors turn to drugs and alcohol for their survival. Further, we see characters such as Wiress and Annie who have incoherent speech and who struggle to put their thoughts into words. Finally, there are characters such as Peeta and Katniss who fight to hold onto the slightest bit of hope to try and remain in the present and avoid flashbacks and nightmares that return them to the horrors of the past. However, despite all of these symptoms of PTSD and trauma that are present through all three books of the series, one of the most important aspects of recovery from trauma that is demonstrated is the power of the ability to reconnect, to yourself, to family and friends and to others who have also experienced trauma. This social aspect of reconnecting relationships is the focus I would like to take for my thesis because I believe that it is one of the most powerful and the most healing aspect of trauma and PTSD. It is the most beneficial when those around you understand your experiences with PTSD and trauma and they are the ones who are able to help you the most in remaining in the present and wanting to continue living.
ContributorsWadhwa, Lipika (Author) / Hunter, Joel (Thesis director) / Matoka, Kimberly (Committee member) / Nelson, Peggy (Committee member) / Barrett, The Honors College (Contributor) / Department of Psychology (Contributor) / Department of English (Contributor)
Created2014-05
Description
I have always been fascinated by history and studied the histories of the United States, Europe and the Middle East in both high school and college. However, I never had the opportunity to fully examine my own history and past until now. This thesis is an exploration of my family's history and the narrative of our journey from Palestine to America. I seek not only to understand my family's take on the Palestinian-Israeli conflict that so drastically shaped our lives, but also to understand the more quotidian thoughts, feelings, hopes, and dreams. I want to share stories that have not been heard before because the Palestinian narrative continues to be a contested issue by other competing narratives and it is important that an accurate depiction be recorded and distributed for the general public. I hope that this project will accomplish this task and encourage critical thinking of this long-standing conflict.
ContributorsOdeh, Haneen (Author) / Peskin, Victor (Thesis director) / Montesano, Mark (Committee member) / Gallab, Abdullahi (Committee member) / Barrett, The Honors College (Contributor)
Created2011-05
Description
Abstract Piecing Together Peace: Do AIESEC International Internships Promote Global Peace by Fostering Individuals' Cosmopolitan Identity Eryn Spence The mission and vision of AIESEC (L'Association Internationale d'Etudiants dans les Sciences Economiques et Commerciales or the International Association of Students in the Economic and Commercial Sciences) are conducive to the cration of cosmopolitan sensibilities in the program's participants. Cosmopolitanism was first posited as an ideology by Diogenes of Sinope, and since this time, numerous forms of cosmopolitanism have eveolved, mainly focusing on the promotion of the idea of global citizenship, rather than allegiance to a single nation, group of people, or cultural ideology. This paper seeks to address AIESEC's success in promoting these sentiments in participants who take on international interships designed to foster cross-cultural relations and understanding on an individual level.
ContributorsSpence, Eryn (Author) / Peskin, Victor (Committee member) / Broome, Benjamin (Committee member) / Barrett, The Honors College (Contributor)
Created2011-05