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Globalization is not a new phenomenon. New realities have emerged over the past two decades which have given it greater influence in the affairs of states. This coincided with the increasing inability of states and international organizations to carry out their institutional functions for the common good. This is testing a number of assumptions about the future of human rights and international criminal justice.The changes in state priorities concerning human rights and international criminal justice evidence a subtle change in the values of the international community. This is particularly evident in the enhanced concerns of states with issues of national security as they are perceived in so many different ways. At the same time states' ability to govern and deliver public services are increasingly being challenged.Science and technology dominate the present state of globalization and in some positive ways and have increased human interdependence and interconnectedness but with paradoxical positive and negative effects and outcomes.They enhance the power and wealth of certain states while increasing the gap between those states and others. This gap between the ''haves'' and the ''have nots'' continues to increase. With world population projected to grow from seven to nine billion, with disproportionate availability of food and other resources for those most in need of it, social, economic and political disparities are enhanced. Internal state dysfunction is on the increase as evidenced by the number of failed and failing states among developing and under-developed societies.Globalization has not only enhanced the power and wealth of certain states with resources and technological, including military capabilities, it has also given these states a claim of exceptionalism. That claim has also extended to certain multinational corporations and other non-state actors (NSAs) because of their wealth, worldwide activities, and their economic and political power and influence over national and international institutions. For all practical purposes, many of these multinational entities have become beyond the reach of the law, whether national or international. As a result they and their principal actors benefit from impunity notwithstanding the harmful consequences of their conduct on human beings and on the environment. Environmental changes resulting from the international community's failure to develop and adequate system of control over fossil fuel consumption and other factors impacting climate change have and will continue to unleash harmful consequences on certain parts of the world, which will impact certain populations.As these and other negative consequences of globalization occur, it is already evident that the values and legal protections afforded to human rights, including an end to impunity for international crimes is receding. The ''Responsibility to Protect'', adopted by world summit of 2005 has never been put into effect. Similarly, the United Nations Declaration on the Rights of Victims of Crime has also never been put into effect. How states and the international community will react in the face of the forthcoming challenges of population growth, resource scarcity, environmental disasters and other natural and human tragedies is a legitimate source of concern.The absence of an international system to regulate these needs for human survivability will necessarily mean that the human rights of some will be sacrificed. All this has negative consequences for human rights, yet nothing that the international system presently offers can mitigate these consequences only the occasional good will of some states.What remains to help counteract and mitigate the cascade of negative effects and outcomes of unbridled globalization on our planet are international civil society institutions and some concerned states. What they may be capable of achieving in the face of the changing landscape of the world order is, however, difficult to assess.
Contents
CONTENTSAcknowledgements Preface List of Contributors Executive Summary OPENING SPEECHESH.E. Yury Fedotov H.E. Ambassador Nassir Abdulaziz al-Nasser H.E. Amina J. Mohammed H.E. Minister Sheikh Khalid Bin Ali Al Khalifa H.E. Dr. Ali Bin Mohsen Bin Fetais Al Marri H.E. Ambassador Stephen J. Rapp H.E. Danilo Turk H.R.H. Prince El Hassan bin Talal PART I. HUMAN RIGHTS AND INTERNATIONAL CRIMINAL JUSTICEHuman Rights and International Criminal Justice in the Twenty- First CenturyM. Cherif Bassiouni 1. Introduction 2. The Westphalian Legal Order and Internationally Protected Human Rights 3. Past the UDHR Phase 4. The United Nations Millennium Declaration: Reaffirming Human Rights Protection 5. The Everlasting Compliance Gap 6. Human Rights Bodies and Mechanisms 7. Globalization and Human Rights 8. Conclusion 9. Additional Conclusions An Assessment of the Current International Human Rights Paradigm and Recommendations for Moving ForwardCarli Pierson 1. Introduction 1.1. A Brief Overview of the Current State of Human Rights 2. Questioning the Efficacy of the Current International Legal Framework for Human Rights 3. Human Rights Instruments, Cultural Relativism, and Changing Global Dynamics 3.1. The Beginnings of Human Rights Law: a Brief Overview 3.2. Human Rights and Cultural Relativism 3.3. Opposing Theories of the Future of Human Rights 3.4. Modifications of HRIs: a Subtle Assertion of Cultural Relativism 4. Analysis of the Current Human Rights Paradigm 4.1. Is there a Future for Human Rights? 4.2. U.S. Exceptionalism and the End of the Modern Human Rights Regime 5. Recommendations 6. Conclusion Twentieth-Century Institutions for a Twenty-First Century World?Stephen Hopgood 1. Introduction 2. Syria: Out of the Light into the Darkness 3. The Role of Europe and the United States 4. The (Relative) Decline of Western Power 5. The End of the Age of Empire 6. Conclusion Human Rights and International Criminal Justice: Looking Back to Reclaim the FutureMicheline Ishay 1. Introduction 2. Four Moments of Liberal Internationalism 2.1. Internationalism after 1864 and the Franco-Prussian War (1870-1871)2.2. Liberal Internationalism after World War I 2.3. Liberal Internationalism after World War II 2.4. Liberal Internationalism after the Post-Cold War 3. Globalization and the Future of International Criminal Justice and Human Rights 4. Conclusion The Future of the United Nations Human Rights SystemWilliam Schabas The Past, Present and Future of International Criminal Justice and Human RightsLawrence Wilkerson The Future of International Criminal Justice: Recent Empirical Studies on the Impact of Justice Mechanisms on Human Rights and ConflictKathryn Sikkink 1. Introduction 2. The TJRC Data Project 3. The Impact of Human Rights Prosecutions on Physical Integrity Rights 4. The Impact of International Criminal Justice on Peace and Confl ict 5. Moving towards New Models 6. Conclusions International Criminal Justice, Plato, and Global Due ProcessLarry May 1. Introduction 2. Plato in Siracusa 3. The Social Contract 4. A Global Rule of Law 5. The Future of International Criminal Justice and Human Rights International Criminal Justice: Reflections on the Past and the Future Hassan B. Jallow 1. Introduction 2. Contribution of the Ad Hoc and Hybrid Tribunals to Combating Impunity 3. Best Practices 4. Expanding the Frontiers of International Law 5. The Challenge of State Cooperation 6. Restructuring the Architecture 7. Challenge of Universal Application of the Law 8. Conclusion Assessing the Impact of Security and Geopolitical Considerations on the Protection of Human Rights and the Pursuit of International Criminal JusticeHans Corell 1. Introduction 2. World Governance, Past and Present 3. The Need for Democracy 4. The Need for the Rule of Law 5. Future Global Governance with a Focus on the Protection ofHuman Rights and Criminal Justice 6. Concluding Reflections Responsibility of States in Case of Human Rights Violations and of Obligations to Prevent and Punish Serious Violations of Human Rights and International CrimesAlain Pellet 1. Introduction 2. An Aggravated Regime of State Responsibility 2.1. Re-thinking the Law of State Responsibility 2.2. From Common Values to Peremptory Norms 2.3. From Peremptory Norms to International "Crimes" of States3. International "Crimes" of States and Criminal Responsibility of Individuals under International Law 3.1. A Criminal Responsibility of States? 3.2. Penal Consequences of Serious Breaches of Obligations Arising under a Peremptory Norm of General International Law 3.3. Reacting to "Serious Breaches" 4. Conclusion PART II. CONTEMPORARY CHALLENGESFailing States Impact on Human Rights and International Criminal JusticeMario Silva The International Legal Architecture and the Conflicts of the Middle East: An Obsolete Framework or Simply Underutilized?H.R.H. Prince El Hassan bin Talal 1. The Role of the International Legal System 2. Understanding Conflict as Failures of Social Justice 3. Prepare for the Expected 4. Discussions about Indigenised Transitional Justice 5. Brainstorming Alternate Approaches An Assessment on the Use of Armed Conflict DataMark S. Ellis 1. Introduction 2. Overview of Armed Conflict Data 3. Definitions of 'Armed Conflict' and 'Victims' 3.1. The War Report 2012 3.2. The Economist 3.3. The Pursuit of International Criminal Justice 3.4. UCDP/PRIO Conflict Data 4. Analysis 4.1. Differences in Statistical Data 4.1.1. Comparison of The War Report 2012 with UCDP/PRIO Conflict Data (2012) 4.1.2. Comparing The Pursuit of International Criminal Justice with UCDP/PRIO Confl ict Data (1946-2008) 4.1.3. UCDP/PRIO Conflict Data (2009-2011) 4.2. Differences in Statistical Data on Victims 4.2.1. 2012 4.2.2. 1989-2008 4.2.3. 1946-2008 5. Conclusions 5.1. Armed Conflicts 5.2. Victims 6. Closing Thoughts Annex I Annex IIAnnex III Outsourcing War: Private Military and Security Companies under International Humanitarian LawYannic Kortgen 1. Introduction 2. Legal Status 2.1. PMSCs and Mercenaries 2.2. PMSCs and the Status of Civilians and Combatants2.3. PMSCs and 'Direct Participation in Hostilities' 2.4. Responsibility & Accountability 3. Finding a Solution 3.1. Options for Regulation 3.2. Perspectives 3.2.1. Direct Participation in Hostilities 3.2.2. Drawing a Frame for State Responsibility 3.2.3. Creating a System of Oversight and Enforcement 4. Conclusion Old and New Terrorist Threats: What Form will they Take and How will States Respond?Ben Saul 1. Old and New Terrorism 2. The Puzzle of Global Counter-Terrorism 3. Evolving and Future State Responses 4. Military Responses - Law on the Use of Force 5. Military Responses - Law of Armed Conflict 6. Criminal Law Responses 6.1. Sectoral Counter-Terrorism Treaties 6.2. Security Council Resolution 1373 and the Definition of Terrorism 6.3. UN Draft Comprehensive Convention 6.4. Separation of Terrorism from Armed Confl ict, Liberation Violence, and State Violence 6.5. Confl ation of Insurgency, Armed Confl ict, and Terrorism in National Law 6.6. Differentiation of Democratic Protest 6.7. Preventive Offences 6.8. Membership Offences and Group Proscription 7. Criminal Procedure 8. Other Impacts on Human Rights 9. Conclusion: Persisting Legal Challenges in Countering TerrorismThe Future of Global Transnational Criminality and International Criminal JusticeRobert Cryer 1. Introduction 2. What is Transnational Criminality and Is there an International Criminal Justice System? 3. Torture and the Habre Case: Values (Probably) Reaffirmed 4. Drug Trafficking: A Broken or Ever Absent Consensus? 5. Terrorism, Transnational Criminal Law, International Criminal Law, and the International Criminal Justice System 5.1. Terrorism as a Transnational Crime 5.2. Terrorism by Another Name 5.3. A Separate Crime of Terrorism? 6. Transnational Crimes and the Globalised World Rethinking Multilateral Responses to Organized CrimeMark Shaw and Walter Kemp 1. Introduction 2. Understanding the Impact 3. Playing Catch-up 4. Seeing Clearly 5. Proactive rather than Reactive 6. Clarifying the Drug Policy Debate 7. Organised Crime as a Development Issue 8. Responding to Organized Crime on the Ground 9. Regional Building Blocks for Global Cooperation 10. Towards a System Fit for Purpose? 11. Five Steps to Building a New System 11.1. More Leadership, less Co-ordination: A UN Office for Justice 11.2. Remove the Confusion in Current Approaches by Separating out Health and Justice Issues 11.3. Rethink the Implementation of the UN Convention against Transnational Organized Crime 11.4. Invest in Analytical Capacity within the UN System on Organized Crime and Include Organized Crime Goals and Indicators in the SDGs 11.5. A Better Global System Means Regional Enforcement Preventing Genocide and Crimes against Humanity: Reflection on Future Challenges and opportunitiesAdama Dieng 1. Introduction 2. International Criminal Justice as a Preventive and Punishment Element 3. The United Nations and the Prevention of Atrocity Crimes 4. Protection of Human Rights as an Element of the Prevention ofGenocide and Other Atrocity Crimes 5. Future Challenges and Opportunities 6. Final Remarks Evolving Advocacy: Suggestions for the Next Phase of Civil Society Support of International Criminal JusticeChristopher "Kip" Hale 1. Introduction 2. Persuasive Advocacy on the Benefi ts of ICJ 3. Informed Targeting of ICJ Resources 4. More Eff ective, Broader, and More Responsible Education on ICJ Appendix: Complementarity Capacity Chart Breaking the Rules: Kenya, the ICC, and the Twelft h Assembly of States Parties SessionElizabeth Evenson 1. Introduction 2. Africa, the ICC, and the ASP 3. Landscape Leading up to ASP12 3.1. AU Extraordinary Summit on the ICC 3.2. Security Council Vote on Article 16 Request 3.3. Introduction of Rules Amendments on Presence at Trial 3.4. Bilateral Political Interests 4. Developments at ASP12 4.1. Special AU Segment 4.2. New Rule 134 quater 5. Assessing ASP12 6. Conclusion PART III. POPULATION, RESOURCES, AND ENVIRONMENTAL CHALLENGESGlobal Pluralism: The Next Stage in Global Governance, Human Rights, and International LawErrol P. Mendes Decentralized Democracy in Political ReconstructionRoger B. Myerson 1. Introduction 2. Effective Democratic Competition Requires more than Just Elections 3. Advantages of Democratic Decentralization 4. Forces against Decentralization 5. Problems of Separatism and Ethnic Violence 6. Establishing a Stable Federal Division of Powers 7. Conclusions Population, Resources and Environmental Challenges Between Nowand 2050, and Their World ImpactsMartin Lees 1. Introduction 2. The Emerging Global Challenges of the 21st Century 3. The Prospects and Consequences of Demographic Change 3.1. The Size of the World Population 3.2. The Distribution of World Population 3.3. Rapid Urbanization 3.4. The Changing Age-Structure of Population 3.5. What should be the Priorities for Policy and Action? 4. Social Challenges 5. Economic Challenges 6. Environmental Challenges 6.1. Ecological Degradation 6.2. Energy and Resources 6.3. Water 7. The Realities of Climate Change 8. New Challenges to Justice, Human Rights and Global Governance in Facing up to Climate Change 8.1. Issues of Justice and Human Rights in the Climate Negotiations 8.2. Issues of Governance Arising in the Negotiations 8.3. The Influence of Corporate and Financial Interests on the Intergovernmental Climate Negotiations 9. The Consequences of Emerging Global Challenges for World Order 9.1. A Business-as-Usual Scenario 9.2. Choosing a Sustainable, Equitable, and Inclusive Future The Relationship of Climate Change to Global SecurityDonald J. Wuebbles, Aman Chitkara, and Clay Matheny 1. Introduction 2. Our Changing Climate 3. Projections of Climate Change 4. Climate and World Security 4.1. Natural Disasters 4.2. Lack of Freshwater Resources 4.3. Food Security 4.4. Migration 5. Security and Criminal Justice 5.1. Crime and Climate Change 6. Natural Disasters and Crime 7. Climate Change and Crime - An Equity Issue 8. Climate Change Induced Migration and Crime 9. Conclusions Population, Resources, and the Environment: Challenges AheadVed P. Nanda 1. Introduction 2. The Nature and Scope of the Challenge 3. Programme of Action of the 1994 International Conference onPopulation and Development4. The Progress Made since 19945. Population Policies of Selected States 5.1. Physical Coercive Measures 5.1.1. India 5.1.2. China 5.1.3. Romania 5.2. Non-Physical Coercive Measures 5.3. Human Rights Implications of Coercive Policies 6. Conclusion PART IV. THE ROLE OF IGOs, NGOs AND GLOBAL GOVERNANCEThe Role of International Non-Governmental Organizations, Globalization, and International Criminal LawAndrew Clapham Inter-Governmental Organisations and International Non-Governmental Organizations in the Era of Globalization, and How They can Protect Human Rights and Support International Criminal JusticeStephen Mathias 1. Introduction 2. Inter-Governmental and Non-Governmental Organizations: Human Rights 3. Inter-Governmental and Non-Governmental Organizations: International Criminal Justice 4. Conclusions The Role of Non-Governmental Organizations in Advancing International Criminal JusticeCharles C. Jalloh 1. Introduction 2. NGOs as Active Participants in Global Governance 2.1. NGOs as Active Participants in the United Nations System 2.2. NGOs in Regional Organizations and Human Rights Advocacy 3. NGOs in International Criminal Justice 3.1. The Existence of NGOs before World War I 3.2. The Existence of NGOs during and after World War I 3.3. The Role of NGOs in Advocating for Ad Hoc International Tribunals 3.4. The Role of NGOs in the Processes of the International Criminal Court 4. The Various Roles of NGOs in International Criminal Justice 4.1. NGOs and their Impact on Prosecutor Offices in International Courts 4.2. NGO Influence on Rights of Victims 4.3. NGOs as Supplements to States4.4. NGOs as Advocates for Global Cooperation 5. Some Criticisms of NGOs: Issues of Transparency, Accountability, and Legitimacy 6. Conclusion The Fate of R2P in the Age of RetrenchmentDavid Scheffer 1. Using Military Force when Our Core Interests are at Stake or Our People are Threatened 2. Shifting Our Counter-Terrorism Strategy by More Effectively Partnering with Countries where Terrorist Networks Seek a Foothold3. Continuing to Strengthen and Enforce International Order through Evolving our Institutions, such as NATO and the United Nations 4. Supporting Democracy and Human Rights around the Globe, Not Only as a Matter of Idealism, But One of National Security Global Constitutionalism and Global Governance: Towards a UN-Driven Global Constitutional Governance ModelGiuliana Ziccardi Capaldo 1. Introduction: An Open and Participative Constitutional Reform Process Launched by the UN 2. The Process of Constitutional Change and Its Impact on Institutions: Strengthening the Rule of Law and Legality 2.1. The ICJ's New Approach to Human Rights Protection 2.2. Maintenance of Peace and Court-Council Functional Parallelism 3. The Principle of Separation of Powers and the New Concept of Complementarity Between UN Organs 3.1. Overcoming Veto Rule 4. An Embryonic System of Checks and Balances: Judicial Review of Global and National Governance Bodies 4.1. ICJ Control over the Activities of UN Organs 4.2. Judicial Review over SC Decisions by Regional and National Courts 4.3. The ICJ's Control over State Organs 5. The Crucial Choices to be Made in the Development of Global Constitutional Governance 6. Conclusion Implementation of the Right to Development and International Criminal JusticeAhmed Fathi Sorour 1. Introduction 2. Content of the Right to Development 3. Obligations Derived from the Right to Development 4. Implementation of the Right to Development 5. Implementation of the Right to Development and International Criminal Justice 6. Effects of Challenges of Development in International Criminal Justice 7. Effects of Promotion of International Criminal Justice of Development 8. Conclusions CONCLUDING REMARKS AND APPENDICESConcluding Remarks: Globalization, Values, and World OrderShahram Dana 1. Overview 2. Preliminary Themes and their intersection with Globalizing Forces 2.1. Globalization and the Traditional World Order 2.2. Globalization and Values 2.3. Human Rights, Atrocity Crimes, and Failure of Existing Institutions 3. Crisis and the Ability of States and the International Legal Order to Govern 3.1. State Sovereignty and National Security Issues 3.1.1. Globalizing Forces, International Order, and Separates Movements 3.1.2. The Impact of Globalizing Forces on State Stability 3.2. Population Growth, Poverty and Food Security 3.3. Environmental Sustainability 3.4. The Globalization of Economic Markets 3.5. The Impact of Changing Priorities on International and National Decision-Making Processes 4. Non-State Actors in National and International Arenas 4.1. Non-State Actors as Civil Society4.2. Non-State Actors in Global and Civil Conflict 4.3. The Role of Transnational or Multinational Corporations 4.4. Non-State Actors in Transnational Criminal Activity About ISISC Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: List of Confirmed Participants & Speakers Global Issues and Their Impact on the Future of Human Rights and International Criminal Justice: Program
