The Troubles period in Northern Ireland (1968 to 1998) left victims, their families, and the region with a legacy of trauma that has remained unaddressed for the past 24 years. Despite various legislative proposals to provide victims with forms of recourse, leaders have yet to implement justice provisions detailed in political agreements. As a result of government inaction, victims and survivors have lived without the truth of the past and without the ability to seek criminal charges against perpetrators who inflicted violence against them and/or their loved ones. This paper explores why civil society organizations are the best option to meet victims’ needs in the absence of government intervention.
In the digital age, new technologies and advancements in computing power have transformed the nature of potentially relevant evidence of atrocities evaluated in international criminal law. The International Criminal Court is presently underprepared to meet the challenges of authenticating digital evidence. This paper outlines the challenges and dangers of the ICC’s current approach to digital evidence authentication and verification, explores the debate among scholars over the analysis of scientific evidence as an analogous problem, and identifies policy recommendations for improving the Court’s capacity and capability to authenticate digital evidence.
The COVID-19 pandemic has revealed the influence that private pharmaceutical companies and philanthropic foundations have on global health governance. Private actors have been able to maintain the norm of intellectual property rights, despite opposition from developing countries and growing opposition from powerful actors in developed countries. This article examines how private actors have wielded their material resources, expert authority, and discursive powers to overrule the wishes of governments. It concludes by exploring the public health consequences of their growing hold on international governance and offers some policy recommendations to mitigate distorted public health outcomes.
One in five children lives in a country affected by conflict. Despite concerted international and national efforts to protect children, these 415 million children face grave human rights violations that continue to rise. More political will and resources are needed from governments and parties to the conflict to prevent such violence against children and protect children in armed conflict. However, research confirms that out of 431 ceasefire and peace agreements, less than 18 percent of peace agreements included child protection provisions. Often, peace-related documents that mention child protection issues do not mention integrating children's participation into peace processes, which is essential to understanding and addressing children's needs during and after the conflict. To end the cycle of violence against children, a paradigm shift must be made in the way peace agreements address children’s issues and rights. Guided by the “Global Policy Paper on Youth Participation in the Peace Process,” commissioned by the United Nations Envoy on Youth, this paper recommends that mediators and child protection actors employ three integrated but non-hierarchical layers for including child protection issues and children’s participation in the peace process: “in the room,” “around the room,” and “outside the room” of formal peace negotiations. This multi-layered, inclusive approach may help achieve the desired results: preventing violence against children and reaching a sustainable peace.
As countries across the world intensify their commitments to mitigating the worst effects of climate change, activists, scholars, and regular citizens are demanding more from this transition than the mere substitution of fossil fuels with low-carbon forms of energy. Increasingly, many call for an energy system that better distributes the benefits that energy provides and more fairly spreads the costs that its production and use creates. However, it is not only those seeking to right past inequities that call for a just transition: justice is a rhetorical device that opponents of the clean energy transition can use to slow its progress. This paper will engage with the conflicting roles that various actors’ sense of justice plays in Canada’s transition to a decarbonized economy. First, it will consider how opposition to Canada’s carbon price was fueled by a sentiment that it would unjustly destroy an industry that many Canadians depend on for employment. The following section explores how the strategic use of energy democracy, or the involvement of people in the decision-making and ownership of clean energy infrastructure, could build political will for the clean energy transition across Canada. This paper ultimately argues that by designing this transition so that it directly benefits as many Canadians as possible, and ensuring that every citizen understands those benefits, Canadian decision-makers can fortify climate policies to withstand false claims and perceptions of injustice.
This paper examines whether frequent engagement with the Committee on the Elimination of Discrimination Against Women, the body of independent experts monitoring the implementation of the Convention of the Elimination of All Forms of Discrimination Against Women, is linked to improved compliance with women’s rights commitments. It further explores whether the relationship between treaty body interaction and compliance holds for states that have made reservations to articles concerning women’s rights. Data from state reports submitted to the Committee on the Elimination of Discrimination Against Women and indicators from the Social Institutions and Gender Index show that frequent engagement with the body is associated with improved equality for women, irrespective of state reservations. The results from this study challenge the idea that reservations undermine global governance regimes and are detrimental to human rights. Finally, this paper illustrates how compliance mechanisms work using a case study from Iraq. Through participation in the report-and-review process, states engage in negotiation around contentious areas of women’s rights with experts, civil society and the public, which facilitates respect for women’s rights.
Submarine cables are critical infrastructure that carry nearly all internet traffic. However, unclear international governance does not always guarantee their protection, leaving global information networks vulnerable to sabotage and espionage. China’s access to submarine cables for strategic manipulation is greatly expanded through the Digital Silk Road and territorial claims in the South China Sea, posing a clear threat that requires a U.S. response. Current U.S. policy is uncoordinated and can be sorted into the isolationist, cooperative, competitive, and militaristic responses, which each present unique frameworks for future action. The isolationist response would disconnect the United States from insecure cable networks, limiting China’s influence over U.S. assets but reducing international connectivity. The cooperative response emphasizes international norms-setting processes to achieve multilateral agreements protecting cables from state influences. The competitive response advocates U.S. competition with China in the submarine cable market through alternate assistance programs, which would increase the redundancy of a secure network. Finally, the militaristic response explores the role of America’s military in defending submarine cables from foreign exploitation. This article recommends that future policy emphasize a combination of the competitive and militaristic responses in order to most immediately and effectively address China’s threat to information security along submarine cables while minimizing U.S. risk.
Certain features of U.S. export controls fail to reflect the immediate threat from East Asia and the emerging threat from Europe as it relates to the theft of American defense and dual-use technologies. While both the Obama and Trump administrations made a concerted effort to better regulate the commercial sale and shipment of technologies deemed sensitive for reasons of national security, one critical component of the export controls regime—the U.S. Department of Commerce (USDOC) country-specific export control licensing requirements—has yet to be revised to account for European and East Asian industrial espionage. Imposing the most export licensing requirements on average to countries in Europe and East Asia would accurately account for the persistent attempts to illicitly acquire U.S. defense technologies. Instead, countries in the Near East and South and Central Asia are, on average, assigned the most reasons for control listed on the Bureau of Industry and Security (BIS) Commerce Country Chart (CCC)—likely a carry-on objective from the U.S. Global War on Terror (GWOT) when military operations were heavily focused on these regions. Furthermore, BIS imposes a blanket set of export controls on countries throughout Sub-Saharan Africa, failing to recognize the varying risk profiles posed by different African states. These misallocated export controls demonstrate how specific trade barriers fail to move beyond an outdated GWOT mentality and result in over-regulating the Near East, South and Central Asia, and Africa. The following paper proposes the need for a thorough review of the CCC to ensure that it accurately reflects a country’s current risk profile and takes into consideration the consistent industrial espionage threat from East Asia and the emerging threat from Europe. As a result of this type of export control reform, there would be a relaxation of licensing requirements levied on regions that show little interest in illicitly procuring American defense technologies.
