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The Freeman Spogli Institute for International Studies at Stanford University is pleased to welcome Karl Eikenberry as the 2011 Payne Distinguished Lecturer. 

Eikenberry comes to Stanford from the U.S. State Department, where he served between May 2009 and July 2011 as the U.S. Ambassador to Afghanistan. In that role, he led the civilian surge directed by President Obama to reverse insurgent momentum and set the conditions for transition to full Afghan sovereignty. Earlier, he had a 35-year career in the U.S. Army, retiring in April 2009 with the rank of lieutenant general.

“I am delighted that he has joined us,” says Coit D. Blacker, FSI’s director and the Olivier Nomellini Professor in International Studies. “Karl Eikenberry’s international reputation, vast experience, and on-the-ground understanding of military strategy, diplomacy, and the policy decision-making process will be an enormous contribution to FSI and Stanford and are deeply consistent with the goals of the Payne Lectureship.”

Eikenberry is a graduate of the U.S. Military Academy, and has master’s degrees from Harvard University in East Asian Studies and from Stanford University in Political Science. He was also a National Security Fellow at the Kennedy School of Government at Harvard, and he earned an Interpreter’s Certificate in Mandarin Chinese from the British Foreign Commonwealth Office while studying at the United Kingdom Ministry of Defense Chinese Language School in Hong Kong. He has an Advanced Degree in Chinese History from Nanjing University in the People’s Republic of China.

"Karl Eikenberry first came to Stanford as a graduate student in the Political Science Department in the mid-1990s, and we are extraordinarily happy to have him back," says Stephen D. Krasner, deputy director at FSI and Graham H. Stuart Professor of International Relations. "He has an exceptional, actually unique, set of experiences and talents that will greatly enrich the intellectual community at FSI and throughout the university."

Eikenberry's work in Afghanistan includes an 18-month tour as commander of the U.S.-led coalition forces. He has also served in various strategy, policy, and political-military positions, including deputy chairman of the North Atlantic Treaty Organization (NATO) military committee in Brussels, and director for strategic planning and policy for U.S. Pacific Command.

His military operational posts included service as commander and staff officer with mechanized, light, airborne, and ranger infantry units in the continental United States, Hawaii, Korea, and Italy. His military awards and decorations include the Defense Distinguished and Superior Service Medals, Legion of Merit, Bronze Star, Ranger Tab, Combat and Expert Infantryman badges, and master parachutist wings.

Eikenberry has also published numerous articles on U.S. military training, tactics, and strategy, on Chinese ancient military history, and on Asia-Pacific security issues. He was previously the president of the Foreign Area Officers Association and is a member of the Council on Foreign Relations and the International Institute for Strategic Studies.

At Stanford, Eikenberry will also be an affiliated faculty member at the Center for International Security and Cooperation (CISAC) and at the Center on Democracy, Development, and the Rule of Law (CDDRL).

He will deliver this year's inaugural Payne Distinguished Lecture on Oct. 3 at the Cemex Auditorium at the Knight Management Center. The public address will be given in conjunction with a private, two-day conference that will bring to Stanford an international group of political scientists, economists, lawyers, policy-makers, and military experts to examine from a comparative perspective problems of violence, organized crime, and governance in Mexico.

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Eikenberry in Helmand, Afghanistan, with wife, Ching.
Courtesy Karl Eikenberry
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On September 1, 2011, Mariano-Florentino Cuéllar, a lawyer, scholar, and former official in the Clinton and Obama administrations, assumed the position of co-director of the Center for International Security and Cooperation (CISAC) at Stanford's Freeman Spogli Institute for International Studies (FSI).

An expert in administrative law, international security, and public health and safety, Cuéllar is Professor and the Deane F. Johnson Faculty Scholar at Stanford Law School, and is also professor (by courtesy) of political science. He is a longtime affiliated faculty member at CISAC and CISAC executive committee member. He has collaborated with or served on the boards of several civil society organizations, including the Haas Center for Public Service, Asylum Access, and the American Constitution Society.

Cuéllar has had an extensive record of public service since joining the Stanford Law School faculty in 2001. Recently, he served in the Obama Administration as Special Assistant to the President for Justice and Regulatory Policy. In that role, he led the Domestic Policy Council’s work on criminal justice and drug policy, public health and food safety, regulatory reform, borders and immigration, civil rights, and rural and agricultural policy. Among other responsibilities, he represented the Domestic Policy Council in the development of the first-ever Quadrennial Homeland Security Review, and coordinated the President’s Food Safety Working Group.

Before joining the White House staff, Cuéllar co-chaired the Obama-Biden Transition’s Immigration Policy Working Group. Earlier in his career, during the second term of the Clinton Administration, Cuéllar worked at the U.S. Department of the Treasury as Senior Advisor to the Under Secretary for Enforcement, focusing on countering financial crime, improving border coordination, and enhancing anti-corruption measures.

In July 2010, when Cuéllar left the Obama administration to return to Stanford, he also accepted an appointment from the President to the Council of the Administrative Conference of the United States, a non-partisan agency charged with recommending improvements in the efficiency and fairness of federal regulatory programs. In 2011, U.S. Secretary of Education Arne Duncan appointed Cuéllar to the Department of Education's Equity and Excellence Commission, which will examine the impact of school finance on educational opportunity and recommend ways school finance can be improved to increase equity and achievement.

Cuéllar graduated from Calexico High School in rural Southern California, going on to receive a BA magna cum laude from Harvard University in 1993, a JD from Yale Law School in 1997, and a PhD in political science from Stanford University in 2000. Cuéllar clerked for Chief Judge Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit from 2000 to 2001.

Cuéllar joins current CISAC co-director Siegfried S. Hecker, professor (research) of management science and engineering and FSI senior fellow, in leading one of the country’s preeminent university-based research centers on international security and cooperation.

He succeeds longtime co-director Scott D. Sagan, who has led the Center since 1998. Sagan, the Caroline S.G. Munro Professor of Political Science and FSI senior fellow, will continue as an important presence at CISAC and FSI, with plans to focus on policy-related research for the American Academy of Arts and Science's Global Nuclear Future Initiative, where he serves as the co-chair with Harvard’s Steven Miller. Sagan has been instrumental in building CISAC’s capacity as an international leader in interdisciplinary university-based research and training aimed at tackling some of the world's most difficult security problems.

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More than 40,000 people have died in drug-related homicides in Mexico since 2006, and recent figures indicate that the pace and severity of drug-related violence is increasing. Organized crime is widespread and appears deeply embedded throughout much of the country. Citizens feel an increasingly pervasive sense of insecurity, and the situation is causing growing concern throughout the hemisphere. 

In an attempt to understand and develop potential solutions to these problems, a group of political scientists, economists, lawyers, policy-makers, and military experts from around the world will visit Stanford this October for a private, two-day conference that will explore problems of violence, organized crime, and governance in Mexico, as well as other countries that have experience tackling similar issues. 

“The increasing violence in Mexico is a major problem for Mexicans and the entire region,” says Mariano-Florentino Cuéllar, incoming co-director of Stanford’s Center for International Security and Cooperation, one of the lead sponsors of the event. “The situation underscores the urgency of problems involving crime, security, and governance not only in our hemisphere but throughout the world. Investigating these problems from a comparative perspective will bring us closer to solutions that can improve security and accountability.” 

In a series of discussions, panelists from the United States, Mexico, Colombia, Brazil, and Germany will examine the effect Mexico's violence has had on civil society, the role of U.S. policies in affecting organized crime and violence, and what lessons may have been learned about combating violence in other contexts, such as the U.S. counterinsurgency strategy in Afghanistan, police and security reform in Brazil, and the sharp decline in drug-related violence in Colombia. Participants will also look at the potential mechanisms for developing institutional capacity and the rule of law in some of the world’s most fragile democracies. 

“Conflict and insecurity pose the greatest challenge to the development of effective institutions of governance and rule of law in Mexico,” says Beatriz Magaloni, a political scientist and the director of the Program on Poverty and Governance at Stanford University's Center on Democracy, Development and Rule of Law. “But surprisingly little is known about the dynamics of violence. Greater understanding could help policy makers craft and pursue effective strategies for tackling the issues in a comprehensive way.” 

The event, scheduled for October 3 and 4, will conclude with a public address by Karl Eikenberry, the former U.S. ambassador to Afghanistan. He is currently in residence at Stanford as the 2011-2012 Frank E. and Arthur W. Payne Distinguished Lecturer at the Freeman Spogli Institute for International Studies. 

Other sponsors of the conference include the Center for Latin American Studies and the Stanford Law School.

 

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On October 3, Karl Eikenberry, the former U.S. ambassador to Afghanistan, will deliver this year's inaugural Payne Distinguished Lecture at Cemex Auditorium at the Knight Management Center.

The public address will be given in conjunction with a private, two-day conference that will bring to Stanford an international group of political scientists, economists, lawyers, policy-makers, and military experts to examine from a comparative perspective problems of violence, organized crime, and governance in Mexico. 

Cemex Auditorium
Zambrano Hall
Knight Management Center

641 Knight Way, Stanford, California 94305

Karl Eikenberry Former U.S. Ambassador to Afghanistan and Retired U.S. Army Lt. General Speaker
Mariano-Florentino Cuéllar Speaker Center for International Security and Cooperation

Dept. of Political Science
Encina Hall, Room 436
Stanford University,
Stanford, CA

(650) 724-5949
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Senior Fellow at the Freeman Spogli Institute for International Studies
Graham H. Stuart Professor of International Relations
Professor of Political Science
beatriz_magaloni_2024.jpg MA, PhD

Beatriz Magaloni Magaloni is the Graham Stuart Professor of International Relations at the Department of Political Science. Magaloni is also a Senior Fellow at the Freeman Spogli Institute, where she holds affiliations with the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center for International Security and Cooperation (CISAC). She is also a Stanford’s King Center for Global Development faculty affiliate. Magaloni has taught at Stanford University for over two decades.

She leads the Poverty, Violence, and Governance Lab (Povgov). Founded by Magaloni in 2010, Povgov is one of Stanford University’s leading impact-driven knowledge production laboratories in the social sciences. Under her leadership, Povgov has innovated and advanced a host of cutting-edge research agendas to reduce violence and poverty and promote peace, security, and human rights.

Magaloni’s work has contributed to the study of authoritarian politics, poverty alleviation, indigenous governance, and, more recently, violence, crime, security institutions, and human rights. Her first book, Voting for Autocracy: Hegemonic Party Survival and its Demise in Mexico (Cambridge University Press, 2006) is widely recognized as a seminal study in the field of comparative politics. It received the 2007 Leon Epstein Award for the Best Book published in the previous two years in the area of political parties and organizations, as well as the Best Book Award from the American Political Science Association’s Comparative Democratization Section. Her second book The Politics of Poverty Relief: Strategies of Vote Buying and Social Policies in Mexico (with Alberto Diaz-Cayeros and Federico Estevez) (Cambridge University Press, 2016) explores how politics shapes poverty alleviation.

Magaloni’s work was published in leading journals, including the American Political Science Review, American Journal of Political Science, Criminology & Public Policy, World Development, Comparative Political Studies, Annual Review of Political Science, Cambridge Journal of Evidence-Based Policing, Latin American Research Review, and others.

Magaloni received wide international acclaim for identifying innovative solutions for salient societal problems through impact-driven research. In 2023, she was named winner of the world-renowned Stockholm Prize in Criminology, considered an equivalent of the Nobel Prize in the field of criminology. The award recognized her extensive research on crime, policing, and human rights in Mexico and Brazil. Magaloni’s research production in this area was also recognized by the American Political Science Association, which named her recipient of the 2021 Heinz I. Eulau Award for the best article published in the American Political Science Review, the leading journal in the discipline.

She received her Ph.D. in political science from Duke University and holds a law degree from the Instituto Tecnológico Autónomo de México.

Director, Poverty, Violence, and Governance Lab
Co-director, Democracy Action Lab
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The conference will bring together a multidisciplinary group of political scientists, economists, and lawyers, together with policy makers and military experts in Mexico and the United States, seeking to provide better answers about how to confront drug-related violence and strengthen the rule of law and state capacity in Mexico.

While the focus is on Mexico, we believe that sharing research strategies and findings from other settings, notably Colombia, Brazil, and Afghanistan, will contribute to the debate on the current state and future trajectory of Mexico’s situation.

The conference seeks to foster an exchange of ideas based on the analysis of various actors in contentious environments, including, but not limited to, drug trafficking organizations. Examining the mechanisms behind the violence in Mexico from a comparative perspective will bring us closer to developing constructive policy recommendations to reduce violence in Mexico.

Mr. Karl Eikenberry will deliver a keynote address at the end of the day on Thurs., Oct. 3rd, and that part of the event will be open to the public.

Stanford University

Mr. Karl Eikenberry Former US Ambassador to Afghanistan Keynote Speaker
Mr. Arturo Sarukhán Ambassador of Mexico to the United States Keynote Speaker
Mr. Alejandro Poiré Secretario Técnico del Consejo de Seguridad Nacional and Government Spokesman for Security Issues Keynote Speaker Government of Mexico
Mr. José Mariano Beltrame Secretary of Security for the State of Rio de Janeiro Keynote Speaker
Mr. Alejandro Martí Mexican businessman Keynote Speaker
Conferences

On October 3-4, 2011, the Stanford University Program on Poverty and Governance at the Center on Democracy, Development, and the Rule of Law and the Center for International Security and Cooperation, in conjunction with the Center for Latin American Studies, the Stanford Law School, and the Bill Lane Center for the American West, hosted a conference to discuss the problem of violence, organized criminal activity, and governance. In particular, the conference focused on growing concerns about Mexican security. Participants examined the issue from a comparative perspective, drawing lessons from the experience of Afghanistan, Colombia, and other countries that have grappled with similar challenges.

Among other topics, the conference explored the root causes of the dramatic upswing in violence in Mexico in recent years, compared those problems to chronic violence and illicit activity in other countries, and considered potential solutions that could reduce the risk of violence in the future. The conference was held at Stanford University in the Bechtel Conference Center in Encina Hall. Participants included scholars and doctoral candidates from the United States, Mexico, Colombia, and Germany, representatives from the U.S. Departments of Justice and Treasury, and the Mexican Embassy.

Context of the Problem

Crime and violence pose a serious challenge to Mexico. According to one of the participants, between January 2007 and December 2010, official statistics confirm that approximately 40,000 homicides have occurred. The problem appears to be growing worse, with 2011 on pace to become the most violent year on record.

The rising violence in Mexico has resulted in a sharply heightened sense of fear among citizens, who now feel the presence of cartels in their every day lives. The use of extortion and kidnapping by cartels combined with a lack of trust in security forces terrorizes the population and makes them feel like they have no where to turn. Despite this fact, crime rates in Mexico remain lower than in other parts of Latin America. Venezuela, for example, has among the highest homicide rates in the world. Yet the pervasive infiltration of cartels into public life gives Mexicans a heightened sense of the severity of violent crime in their own country.

There are no simple answers explaining these developments. Some participants trace the violence back to the 1980s when the United States began working closely with the Colombian government to stem the flow of cocaine across the Caribbean, and to disrupt powerful Colombian criminal organizations. The scholars suggested that the crackdown on those illegal trafficking routes caused the drug trade to divert through Mexico on the way to markets in the United States. These trade routes strengthened Mexican drug trafficking organizations (DTOs), thereby altering the landscape and scale of illicit activity in the country.

Some participants also noted the importance of  attributing other factors to explain the growing violence in Mexico, citing four domestic factors. First, the efforts made by President Felipe Calderón of Mexico to crack down on drug-related violence after his inauguration in 2006; second, the fragmentation of Mexican cartels due to the capture or assassination of "kingpins" in the organizations; third, a diversification in the economic incentives of the DTOs; and fourth, the weak status of rule of law in Mexico.

These four explanations are by no means independent of each other, and the endogenous nature of these factors is exactly why it is so difficult to stop the increasing violence in Mexico. Indeed, examining these four factors a bit further makes it clear that they are closely linked. Following his inauguration, President Calderón made violence and drug trafficking top priorities. His strategy was to target and remove the cartel leadership, assuming that breaking the cartels up would make them easier to subdue. The effort had the opposite effect. Capturing and killing cartel kingpins created a power vacuum and splintered the cartels into many smaller, less organized, and more militant gangs. The smaller and less centralized gangs began fighting each other for control of routes and territory. Without centralized control, the groups also became less efficient as cocaine traffickers - a system that had previously thrived from economies of scale. As a result, they began diversifying their revenue streams. Extortion, human trafficking, money laundering, arms trading, and petty crime all became more economical relative to small-scale drug trafficking and dealing, which led the cartels to diversify further still. Though participants heavily debated the directionality of the link between this diversification and gang fractionalization, consensus emerged that dividing up the cartels led to increased violence in Mexico.

The persistent problems of the Mexican legal system have also exerted a huge impact on the ability of the Mexican government to subdue the violence. High rates of corruption within local police forces, due in part to low compensation, means that the police are unreliable as a means to enforce order in municipalities. This has prompted the government to deploy armed forces to try to restore order in some areas. Furthermore, the judicial system in Mexico is weak, with poor judges, a shortage of lawyers, and a backlog that makes due process nothing more than an idealized notion.

Participants also presented evidence that additional factors could have exacerbated the violence. Among them: the global recession, which has reduced economic opportunities, and democratization in the 1990s. But in general, participants concluded that the evidence that either of these factors affected the overall crime situation in Mexico was weak relative to the other factors discussed.

The overall consensus was that any policy initiative made to control violence in Mexico invariably must address the weak rule of law institutions, the economic incentives of the cartels, and the exploding intra- and inter-cartel violence. Successful strategies, moreover, must approach these topics differently than how they have been addressed thus far.

Lessons and Proposals

What can be done to rein in the rising violence? Participants examined a number of successful anti-gang and anti-drug policies in other countries for potential answers. For instance, the Unidades de Polícia Pacificadora (Pacifying Police Units or UPP) program in Rio de Janeiro, which started in 2008, consists of proximity policing, gaining the trust of and working with favela populations, and directly engaging with and helping favela children and youth. The program's main goal is to keep organized crime out of favelas, which have been their hideout for decades. The program helped restore law and order, participants said, because of the high effectiveness of proximity policing in high-risk communities, which combined policing with social and public services to increase legitimacy of the program. This dual security approach-using specialized forces during conflict and then proximity policing to maintain daily safety and security in the slums-has been highly successful at maintaining order and controlling police corruption in Rio.

In Colombia, because the violence of a few decades ago seemed to be more a result of a weak state than the presence of drugs, the situation improved when the state's capacity increased. Nevertheless, part of the solution found in the city of Medellín, where the local cartel proved too strong to destroy, was to allow one cartel to have a monopoly. Yet while this trade-off worked in the short-term, once the Medellín Cartel kingpin was captured and extradited with the help of U.S. military aid, violence started to increase again.

U.S. military aid to Colombia also had a drawback as some of the funding was leaked to paramilitary activities. Conference participants said one lesson from this experience is that it is important to invest more in drug interdiction than in eradication, because eradication programs increase the price of drugs, thereby improving trafficking incentives. The most important implication of this is that squeezing the traffickers will only cause them to re-route, not stop. When squeezed out of Colombia and the Caribbean, they re-routed through Mexico. If this occurs in Mexico, traffickers will most likely move into Central America. The issue of drug trafficking cannot be resolved if policymakers ignore Central American republics.

Several other proposals received attention during the conference. Among them was the suggestion that Mexican policy emulate aspects of the Colombian model by concentrating all efforts toward destroying the single-most violent cartel until it is entirely eliminated, and then progressing on to the next largest and so forth. Theoretically, doing so would systematically destroy the cartels while minimizing their fragmentation.

Participants also suggested that authorities focus on targeting extortion, kidnapping, and other non-drug related economically incentivized crimes committed by the gangs, which could help limit their ability to fragment and diversify. This approach could benefit from careful analysis of efforts to implement community policing strategies that some participants believe to have yielded results in the United States and Brazil. A third proposal with serious implications is to reform the judicial and penal system in Mexico to ensure that incarcerated "narcos" cannot continue operating from within Mexican prisons.

Finally, much discussion was given to the best way to address the demand-side of drug trafficking. While legalizing drugs in the United States was seen as highly unlikely option with very unclear potential results, a participant proposed that policymakers encourage the expansion of rigorous drug treatment programs, such as Hawaii's highly successful Opportunity Probation with Enforcement program. It requires convicted drug offenders on probation to undergo randomized drug tests one to seven times a week, with automatic incarceration for anyone who tests positive or is found to be in violation of their parole.

Conclusion

Daunting problems remain in understanding crime and governance in Latin America. But this conference, among other things, helped highlight areas where further research on drug trafficking, organized crime, violence, and issues of citizen security are still needed. There were also several highly actionable proposals put forth based on programs that have been implemented in other countries in the Western Hemisphere. These initiatives hold promise for helping Mexico deal with its own situation. This conference should serve as a launch pad to encourage and develop research and communication in this area with policy implications for the near future.

Bechtel Conference Center

Mariano-Florentino Cuéllar Co-Director Host Center for International Security and Cooperation

Dept. of Political Science
Encina Hall, Room 436
Stanford University,
Stanford, CA

(650) 724-5949
0
Senior Fellow at the Freeman Spogli Institute for International Studies
Graham H. Stuart Professor of International Relations
Professor of Political Science
beatriz_magaloni_2024.jpg MA, PhD

Beatriz Magaloni Magaloni is the Graham Stuart Professor of International Relations at the Department of Political Science. Magaloni is also a Senior Fellow at the Freeman Spogli Institute, where she holds affiliations with the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center for International Security and Cooperation (CISAC). She is also a Stanford’s King Center for Global Development faculty affiliate. Magaloni has taught at Stanford University for over two decades.

She leads the Poverty, Violence, and Governance Lab (Povgov). Founded by Magaloni in 2010, Povgov is one of Stanford University’s leading impact-driven knowledge production laboratories in the social sciences. Under her leadership, Povgov has innovated and advanced a host of cutting-edge research agendas to reduce violence and poverty and promote peace, security, and human rights.

Magaloni’s work has contributed to the study of authoritarian politics, poverty alleviation, indigenous governance, and, more recently, violence, crime, security institutions, and human rights. Her first book, Voting for Autocracy: Hegemonic Party Survival and its Demise in Mexico (Cambridge University Press, 2006) is widely recognized as a seminal study in the field of comparative politics. It received the 2007 Leon Epstein Award for the Best Book published in the previous two years in the area of political parties and organizations, as well as the Best Book Award from the American Political Science Association’s Comparative Democratization Section. Her second book The Politics of Poverty Relief: Strategies of Vote Buying and Social Policies in Mexico (with Alberto Diaz-Cayeros and Federico Estevez) (Cambridge University Press, 2016) explores how politics shapes poverty alleviation.

Magaloni’s work was published in leading journals, including the American Political Science Review, American Journal of Political Science, Criminology & Public Policy, World Development, Comparative Political Studies, Annual Review of Political Science, Cambridge Journal of Evidence-Based Policing, Latin American Research Review, and others.

Magaloni received wide international acclaim for identifying innovative solutions for salient societal problems through impact-driven research. In 2023, she was named winner of the world-renowned Stockholm Prize in Criminology, considered an equivalent of the Nobel Prize in the field of criminology. The award recognized her extensive research on crime, policing, and human rights in Mexico and Brazil. Magaloni’s research production in this area was also recognized by the American Political Science Association, which named her recipient of the 2021 Heinz I. Eulau Award for the best article published in the American Political Science Review, the leading journal in the discipline.

She received her Ph.D. in political science from Duke University and holds a law degree from the Instituto Tecnológico Autónomo de México.

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Co-director, Democracy Action Lab
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There are more laws and international treaties designed to protect human rights in conflict zones than ever before. Yet civilians continue to pay the ultimate price, with women and children frequently caught in the crossfire. At the beginning of the 20th century, there was one civilian casualty for every eight or nine military casualties, said Richard Goldstone, the South African jurist who played a key role in helping his country overcome apartheid, served as the chief prosecutor of the International Criminal Tribunals on Rwanda and the former Yugoslavia, and became a household name in 2009 for his controversial fact-finding mission after an Israeli offensive in the Gaza Strip. During World War II, the ratio increased to 1-to-1. Today, after what was, Goldstone said, a "very bloody century," every combatant casualty is matched by nine civilian deaths.

What explains this? Goldstone joined Stanford historian James Campbell and Peter Berkowitz, a political scientist, to grapple with this paradox as part of Stanford's Ethics and War Series, co-sponsored by the Center for International Security and Cooperation.

One reason behind this seeming disconnect is that gaping anomalies remain in the international legal system. It is a "very recent development that international laws have been designed to protect civilians and civilian objects," said Goldstone. Another cause of the paradox is that the most critical issue in determining whether the death of a civilian constitutes a war crime is highly subjective. The so-called principle of proportionality, defined by the Law of Armed Conflict, requires that parties refrain from attacks resulting in excessive civilian casualties. But it is up to "reasonable commanders" to judge whether such violence is justified, said Berkowitz, a senior fellow at the Hoover Institution.

Compounding the problem is that in many of the nations where crimes against civilians may have been committed, there is little interest or even open hostility toward allowing international fact-finding missions to make an assessment. Moreover, many of the transnational organizations designed to help protect civilians simply fail to do so. Goldstone said the UN should be commended for assisting the injured in Gaza but "stands condemned for ignoring the plight of Tamils."

A better system might include requiring greater education in military affairs for human rights lawyers, Berkowitz said. Goldstone's report on the Gaza conflict, Berkowitz argued, failed to properly evaluate whether the civilian cost was a military necessity, noting that Goldstone did not assess whether "reasonable" Israeli commanders had intended to avoid civilian casualties. A better understanding of military procedure, Berkowitz suggested, might have helped Goldstone and others in a similar situation make that kind of assessment.

The United States may also have a role to play in filling in the gaps in the international justice system. Campbell said that the Geneva Convention of 1949, which extended legal protection to war victims, was largely an American construction. Indeed, Berkowitz said that America has "special burdens" to spread liberal democracy across the world. However, the U.S. was reluctant to sign the Convention on the Rights of the Child, ratified by 194 U.N. nations that would protect women and children, said Helen Stacy, a senior fellow at the Center for Democracy, Development, and the Rule of Law.

How some of these issues will be resolved is still an open question. Human rights laws are complex and evolving, said Campbell. "Just as freedom is a constant struggle, so is international humanitarian law," he said. The important part was that the legal system continues to grapple with these issues. The struggle toward an effective system of international justice is being "waged in our country," he said, "in dialogues like the ones we are having today."

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In the January/February issue of Foreign Policy magazine, Thomas Fingar, the former deputy director of national intelligence for analysis, examines Chinese President Hu Jintao's assessment of the economic and political challenges his nation faces. China's "growth has bolstered national pride and earned the respect of people around the world," Fingar writes in an imagined memo from Hu. "But it has also raised expectations at home and reinforced foreign concerns about China's rise. Our successes have made it even more important to make progress on corruption, perceived injustice, and other long-standing problems."
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President Obama and members of his national security team — including Stanford's Michael A. McFaul, senior advisor on Russia and former Deputy Director of FSI and Director of FSI's Center on Democracy, Development, and the Rule of Law — gather in the Oval Office to celebrate Senate approval of the new START Treaty. Signed in April by President Obama and Russian President Dmitry Medvedev, the treaty was ultimately approved 71/26 in the Senate. The treaty will reduce deployed warheads and missile launchers, and restore mutual verification procedures, and is regarded as one more step toward the eventual elimination of nuclear weapons.
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FSI's Michael McFaul celebrates Senate approval of the START Treaty with President Obama
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What can possibly explain the transformation that sometimes happens from non-violent civilian to combatant to criminal? Pulitzer Prize winning author and CISAC affiliate Richard Rhodes tackled this bedeviling question head-on in a recent lecture for Stanford's Ethics & War series, co-sponsored by the Center for International Security and Cooperation. Drawing heavily upon the work of Lonnie H. Athens, a Seton Hall University criminology professor, about whom Rhodes wrote a 1999 book entitled Why They Kill: The Discoveries of a Maverick Criminologist, Rhodes argued that all violent criminals go through a process that Athens called "violentization." The first stage, "brutalization," consists of witnessing abusive or violent behavior, often at a young age, and receiving encouragement to act in a similar way to resolve disputes. In the second stage, "belligerency," the individual takes stock of what has happened, examines his or her situation, and decides to begin to move to the third stage: using serious violence, if provoked, as a means of protection.

In Rhodes' view, this process is essentially identical to the training a military recruit undergoes. Both, he says, go through a period of re-socialization during which even lethal violence become acceptable, expected, and rewarded. Military recruits are "deliberately and systematically rebuked, scorned and punished for civilian behavior  and coached and rewarded for military behavior including the controlled use of violence," he observes. "Violent domination, personal horrification and violent coaching are fundamental to basic military training." There is, however, a fundamental difference. The violent criminal moves on to a fourth stage, "virulence," in which the individual becomes willing to commit serious violence without provocation and embraces the sense of confidence and power created by the successful completion of these acts. The soldier, by contrast, is constrained within the third stage of violentization by the rule of law, by ethics, by codes of honor, and "implicitly," says Rhodes, "support from military leaders up the chain of command," who "are expected to limit their demands of violent action to appropriately defensive campaigns."

Within these constraints, the limitations of violence are clear. Self-defense is justifiable, and by extension so is the killing of an enemy combatant. Even the strategic bombing during World War II (and presumably more recently) can be justified with such arguments, Rhodes argues, "although that logic grew increasingly thin as the bombing expanded from military targets to military industrial targets and finally to the homes and neighborhoods of enemy civilians."

What, then, to make of My Lai, in which American soldiers killed babies and children, the Einsatzgruppen, who shot hundreds of thousands of innocent Jews with horrific efficiency, or the heinous war crimes committed in conflicts around the world? In these cases, the perpetrators have found themselves moving into virulence. The constraints that circumscribed their violent actions have broken down. Authorities in the chain of command either overlooked or ignored the need to enforce the limitations required to prevent criminal violence. In the eyes of the perpetrators, and in some cases those making the direct orders, the enemy became an omnipotent and ubiquitous presence, and the power that came with committing lethal violence was overwhelming. The line between self-defense and murder became so attenuated that it was essentially meaningless. Virtually the only possible outcome: unrestrained lethal violence.

Rhodes argues that the need to understand this dynamic has become increasingly urgent. The nuclear deterrent has largely foreclosed the prospect of conventional war, and "modern combat has strained the traditional limitations of violence on war to the breaking point and beyond." Modern weapons make it possible to do more lethal violence than the old days of single-shot rifles and hand grenades, he says, and the line between combatants and civilians can become difficult to define.

The quandary now is how to ensure that the process of violentization among members of the military does not extend to the fourth category. Even Heinrich Himmler, commander of the Einsatzgruppen, understood this on some level. He was horrified, Rhodes says, that members of his elite fighting squad had become such enthusiastic killers that they would take it upon themselves to find and shoot Jews. Others, in other wartime situations, unable to deal with the consequences of their actions as they meandered toward that fourth stage, killed themselves, suffered serious psychological problems, or committed acts of violence back at home. Now we are seeing similar consequences among the men and women who are forced to draw distinctions every day between civilian and enemy combatants. Indeed, he says, only the ethical and legal limitations put on soldiers, and enforced by their superiors in the chain of command, can protect them from becoming malevolently violent. Failing to maintain these restrictions has dire consequences. As Rhodes and many others before him have said, "as we sow, so shall we reap."

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