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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 wake of the 1963 Partial Test Ban Treaty, the United States launched a series of satellites under the name Vela (after a constellation in the southern hemisphere sometimes called “the sails” because of its configuration). The Vela satellites were designed to monitor compliance with the treaty by detecting clandestine nuclear tests either in space or in the atmosphere. The first such satellite was launched in 1963, the last in 1969. They operated by measuring X-rays, neutrons and gamma rays, and, in the case of the more advanced units, emissions of light using two photodiode sensors called bhangmeters (derived from the Indian word for cannabis). These satellites had a nominal life of seven years, after which the burden of detection was to be shifted to a new series of satellites under the Defense Support Program (DSP), equipped with infra-red detectors designed to pick up missile launches as well as nuclear tests. The Vela satellites, however, kept operating long past the end of their nominal design life and one of them, designated Vela 6911, detected an event on September 22, 1979, that has become a subject of intense interest ever since.

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War Photographer is director Christian Frei's 2001 film that followed photojournalist James Nachtwey. Natchtwey started work as a newspaper photographer in New Mexico in 1976 and in 1980, he moved to New York to begin a career as a freelance magazine photographer. His first foreign assignment was to cover civil strife in Northern Ireland in 1981 during the IRA hunger strike. Since then, Nachtwey has devoted himself to documenting wars, conflicts and critical social issues. He has worked on extensive photographic essays in El Salvador, Nicaragua, Guatemala, Lebanon, the West Bank and Gaza, Israel, Indonesia, Thailand, India, Sri Lanka, Afghanistan, the Philippines, South Korea, Somalia, Sudan, Rwanda, South Africa, Russia, Bosnia, Chechnya, Kosovo, Romania, Brazil and the United States.

The film received an Academy Award Nomination for "Best Documentary Feature" and won twelve International Filmfestivals.

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Brendan Fay Andrew W. Mellon Fellow in the Humanities Speaker Stanford University
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Richard Goldstone served on South Africa's Transvaal Supreme Court from 1980 to 1989 and the Appellate Division of the Supreme Court from 1990 to 1994. During the transition from apartheid to multiracial democracy, Goldstone headed the Goldstone Commission investigations into political violence in South Africa. He was credited with playing an indispensable role in the transition and became a household name in South Africa, attracting widespread international support and interest. Goldstone's work investigating violence led to him being nominated to serve as the first chief prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia and for Rwanda. On his return to South Africa he took up a seat on the newly-established Constitutional Court of South Africa. In 2009, Goldstone led an independent fact-finding mission created by the UN Human Rights Council to investigate international human rights and humanitarian law violations related to the Gaza War.

James Campbell's research focuses on African American history and the wider history of the black Atlantic. He is particularly interested in the long history of interconnections and exchange between Africa and America, a history that began in the earliest days of the transatlantic slave trade and continues into our own time.  In recent years, his research has moved in the direction of so-called “public history," the ways in which societies tell stories about their pasts, not only in textbooks and academic monographs but also in historic sites, museums, memorials, movies, and political movements.

Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford. He is cofounder and director of the Israel Program on Constitutional Government, a member of the Policy Advisory Board at the Ethics and Public Policy Center and served as a senior consultant to the President's Council on Bioethics. His scholarship focuses on the interplay of law, ethics, and politics in modern society. His current research is concerned with the material and moral preconditions of liberal democracy in America and abroad.

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Richard Goldstone Former Justice of the Constitutional Court of South Africa Keynote Speaker
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Peter Berkowitz Tad and Dianne Taube Senior Fellow Speaker Hoover Institution, Stanford University
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CISAC Affiliate Leonard Weiss responds to a March 22, 2010 article by New Yorker Senior Editor Hendrik Hertzberg

Hendrik Hertzberg writes that the end of the Cold War and the coming of global warming have brought about increased support for nuclear power, even among some environmentalists (The Talk of the Town, March 22nd). But many of us who work on nuclear-proliferation issues are dismayed by the growth of nuclear energy. Expanded nuclear power in industrial countries will inevitably mean expanded nuclear exports to less developed countries as manufacturers try to recoup their investments in a limited domestic market by selling abroad. It can be shown statistically that countries that receive nuclear assistance are more likely to build nuclear weapons, especially when they perceive threats to their security. India, Pakistan, and Israel started their nuclear programs with the importation of research reactors carrying peaceful-use requirements; with help from other countries, they were able to then realize their desire for weapons. Iran appears to be heading in the same direction. Given the documented interest in nuclear materials of terrorist organizations like Al Qaeda, and given the questionable assumptions that nuclear-energy economics is fraught with, it makes little sense to push nuclear power at a time when protections against proliferation are still so problematic. Improved energy efficiency is a safer, greener, and cheaper alternative.

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Hendrik Hertzberg writes that the end of the Cold War and the coming of global warming have brought about increased support for nuclear power, even among some environmentalists (The Talk of the Town, March 22nd). But many of us who work on nuclear-proliferation issues are dismayed by the growth of nuclear energy. Expanded nuclear power in industrial countries will inevitably mean expanded nuclear exports to less developed countries as manufacturers try to recoup their investments in a limited domestic market by selling abroad. It can be shown statistically that countries that receive nuclear assistance are more likely to build nuclear weapons, especially when they perceive threats to their security. India, Pakistan, and Israel started their nuclear programs with the importation of research reactors carrying peaceful-use requirements; with help from other countries, they were able to then realize their desire for weapons. Iran appears to be heading in the same direction. Given the documented interest in nuclear materials of terrorist organizations like Al Qaeda, and given the questionable assumptions that nuclear-energy economics is fraught with, it makes little sense to push nuclear power at a time when protections against proliferation are still so problematic. Improved energy efficiency is a safer, greener, and cheaper alternative.

 

Leonard Weiss

National Advisory Board, Center for Arms Control and Non-Proliferation

Palo Alto, Calif.

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The 9/11 terrorist attacks opened America's eyes to a frightening world of enemies surrounding us. But have our eyes opened wide enough to see how our experiences compare with other nations' efforts to confront and prevent terrorism? Other democracies have long histories of confronting both international and domestic terrorism. Some have undertaken progressively more stringent counterterrorist measures in the name of national security and the safety of citizens. But who wins and who loses? In The Consequences of Counterterrorism, editor Martha Crenshaw makes the compelling observation that "citizens of democracies may be paying a high price for policies that do not protect them from danger." The book examines the political costs and challenges democratic governments face in confronting terrorism.

Using historical and comparative perspectives, The Consequences of Counterterrorism presents thematic analyses as well as case studies of Britain, France, Germany, Spain, Japan, and Israel. Contributor John Finn compares post-9/11 antiterrorism legislation in the United States, Europe, Canada, and India to demonstrate the effects of hastily drawn policies on civil liberties and constitutional norms. Chantal de Jonge Oudraat and Jean-Luc Marret assert that terrorist designation lists are more widespread internationally than ever before. The authors examine why governments and international organizations use such lists, how they work, and why they are ineffective tools. Gallya Lahav shows how immigration policy has become inextricably linked to security in the EU and compares the European fear of internal threats to the American fear of external ones.

A chapter by Dirk Haubrich explains variation in the British government's willingness to compromise democratic principles according to different threats. In his look at Spain and Northern Ireland, Rogelio Alonso asserts that restricting the rights of those who perpetrate ethnonationalist violence may be acceptable in order to protect the rights of citizens who are victims of such violence. Jeremy Shapiro considers how the French response to terrorist threats has become more coercive during the last fifty years. Israel's "war model" of counterterrorism has failed, Ami Pedahzur and Arie Perliger argue, and is largely the result of the military elite's influence on state institutions. Giovanni Cappocia explains how Germany has protected basic norms and institutions. In contrast, David Leheny stresses the significance of change in Japan's policies.

Preventing and countering terrorism is now a key policy priority for many liberal democratic states. As The Consequences of Counterterrorism makes clear, counterterrorist policies have the potential to undermine the democratic principles, institutions, and processes they seek to preserve.

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With a flawed Afghan election and a request for more troop increases by General Stanley McChrystal, there is renewed attention toward whether and how the United States can turn the situation in Afghanistan around. Several options for going forward have been proposed: a resource- and manpower-heavy counterinsurgency strategy; a more scaled down counterterrorism campaign; and various models in between those extremes. Yet regardless of which option is chosen a key ingredient of success will be the degree to which Afghan communities are invested. Unfortunately, regaining their trust and confidence will be no small task given the current environment. High civilian casualties and a corresponding failure to protect Afghans from the daily brutality of insurgents, criminal groups, and warlords lead Afghans to regard international military as impotent, malevolent, or both. Though billions have been spent to build schools, support economic development, and other initiatives, corruption, security concerns, and mismanagement lead Afghans to view these projects as symbols of Afghan and international fecklessness and failure rather than reasons to cast their lot with them in the future. Successful Taliban propaganda, often based on legitimate community grievances, has further fueled mistrust between the Afghan population and those who are supposed to be protecting their interests. 

While there has been much talk about enhancing the legitimacy of the Afghan government and winning "hearts and minds", it seems unlikely that elections or military slush funds will get anywhere near what Afghan communities perceive as the problem. Based in large part on on-the-ground observations and discussions with Afghan civil society groups, this talk will focus on some of these community perceptions and narratives about what is fueling the conflict with a view toward better analyzing the strategic implications.

Erica Gaston is a human rights lawyer consulting on civilian casualties for the Open Society Institute in Afghanistan and Pakistan. She first visited Afghanistan in 2007 to conduct research for a legal study on private security companies, and then moved to Kabul in 2008 with the Campaign for Innocent Victims in Conflict (CIVIC), whose mission is to encourage warring parties to provide compensation, victim assistance, recognition or other redress to victims of conflict. In addition to her work with CIVIC, she worked extensively with the Afghanistan Independent Human Rights Commission, and was the lead editor on their 2008 report on the conduct of pro-government forces in Afghanistan. She also worked with the Afghan NGO WADAN, which focuses on grassroots civic education, governance and human rights advocacy.

In addition to her work in Afghanistan and Pakistan, Erica has also been involved in other human rights documentation and advocacy related to the Israel-Hezbollah conflict in the summer of 2006, situations of ethnic conflict in Ethiopia, cluster munition use, among others.  She has also published legal articles related to the accountability of private security companies, issues and problems inherent in the humanitarian project, and the improvement of emergency preparedness for homeland security and counter-terrorism purposes. She is a blog contributor to the Huffington Post and has provided commentary on CNN, BBC, Al Jazeera, CBC, and other local and international radio programming.

Erica graduated from Harvard Law School in 2007. She graduated with a B.A. in International Relations, with honors in International Security, from Stanford University.

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Erica Gaston Consultant on Civilian Casualties in Afghanistan and Pakistan, Open Society Institute Speaker
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Israel has had an arsenal of nuclear weapons since the late 1960s, and its current inventory is estimated at between 100 and 200 warheads. Some of these weapons will eventually be, or have already been, placed on Israel's missile-carrying submarines, making them virtually impervious to preemptive military attack. They are or soon will be Israel's invulnerable nuclear deterrent.

Yet, hardly a day goes by without some Israeli official, journalist or lobbyist expressing apocalyptic warnings about Iran's nuclear program. Iran, a state party to the Nuclear Nonproliferation Treaty (NPT), is in technical violation of some of its treaty obligations, but its program is still under international inspection by the International Atomic Energy Agency (IAEA). Israel never signed the NPT and thus is not under any international inspection regime.

The tacit assumption behind the apocalyptic pronouncements is that Iran will not only make nuclear weapons, but will use them to destroy Israel shortly thereafter. This amounts to assuming that Iran's leaders are insane. That is, Israel's deterrent notwithstanding, the Iranian clerics' hatred of Israel is so intense that in order to destroy it they would launch a nuclear attack that would kill not only Jews but also up to 1.5 million Muslims living in Israel, as well as triggering an Israeli nuclear counterattack. An Israeli nuclear counterattack, which Iran could not prevent, would turn back the clock on Iran's development for many decades and reduce its leaders to radioactive dust. There is no evidence to suggest that the ruling clerics are so disposed. Some have speculated that Iran might make nuclear weapons and transfer some of them to third parties, e.g. terrorist organizations, for use against Israel. But no country that provides nuclear weapons to a third party can be sure that the transfer will be perfectly secure from discovery or that the weapons will be used as intended. A nuclear attack on Israel using a weapon originating in Iran would undoubtedly be treated as if it came from Tehran, again resulting in Iran's utter destruction.

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