1 GEND 3207 Thursday 3:30 – 6:20 Room A122 THE UNITED NATIONS AND INTERNATIONAL JUSTICE Instructor: Dr. Rosemary Nagy Office: H128, Ext. 4156 Email: rnagy@nipissingu.ca Office hours: Mondays 3:30-5:00 or by appointment Course Description: This course will provide students with an overview of the structure and function of the United Nations and other international organizations, courts and tribunals designed to protect human rights. In particular, the course will focus on the prevention and punishment of war crimes, crimes against humanity, and genocide. Inquiring into the three main principles of the "responsibility to protect"—to prevent, to react, and to rebuild—we will examine the capacity and record of the international community especially in the cases of Rwanda, Darfur, and the Democratic Republic of Congo, and with respect to gender-related claims and the capacity of international justice to redress social and economic harm. Course Format: Weekly lecture and seminar. Course Texts: Karen A. Mingst and Margaret P. Karns. The United Nations in the 21st Century. Boulder, Co.: Perseus, 2007. Small coursepack available at PrintPlus Online articles through internet, Ref-share or e-journals Here are some useful websites UN and other International bodies International Committee of the Red Cross International Criminal Court Office of the High Commissioner for Human Rights Reliefweb United Nations UN Peacebuilding Commission UN Development Fund for Women (UNIFEM) United Nations Development Program (UNDP) www.icrc.org www.icc-cpi.int/home.html&l=en www.ohchr.org www.reliefweb.int www.un.org www.un.org/peace/peacebuilding www.unifem.org www.undp.org NGOs Amnesty International www.amnesty.org Genocide Watch www.genocidewatch.org Global Policy Forum www.globalpolicy.org Human Rights Watch: www.hrw.org International Centre for Transitional Justice www.ictj.org International Crisis Group www.crisisgroup.org Open Democracy www.opendemocracy.org 2 News and analysis All Africa BBC news online New York Times Women's Human Rights Resources Eric Reeves (on Darfur) www.allafrica.com www.bbc.com www.nytimes.com www.law-lib.utoronto.ca/Diana/ www.sudanreeves.org Course Evaluation 4 Response papers (2-3 pages each; 7.5% each) Essay (8-10 pages); Due April 2nd: Final Exam (regular exam period): Participation: 30% 30% 30% 10% Response Papers: Over the term, students are expected to hand in 4 pieces that critically reflect upon the required readings for a given week. These are not to be simple summaries. Rather they should attend to major themes, challenges or tensions in the reading(s). It is often useful to frame your response paper by posing a question. You might address problems that you detect in the readings, or identify and address tensions that exist between claims made in the readings, or reflect upon what you view as the most important insights or challenges you have garnered from the readings. You may in your response also refer to prior discussions and readings in the course. Response papers are evaluated for: Engagement with articles (integrative approach to the articles, critically grasps the topic at hand, in-depth, beyond simple summary) Argument and Structure (clearly organized with thesis statement, paragraph structure flows, opinions are substantiated with footnoted reference to articles) Writing Style (scholarly style, clearly written, proper grammar) These written responses are due in class of that week's readings. The first two response papers should be done within the first half of the course (up to and including the week of February 12). Please, no response papers for Weeks 1, 2, and 13. Essay (8-10 pages) Due April 2nd The essay assignment provides students the opportunity to engage with an issue of their choice in greater depth. It is required that a minimum of five sources be cited in your essay. You may use course readings or films shown in class. Other acceptable sources include articles from peerreviewed journals, chapters in edited books, books, documentaries, primary documents, and reports from reputable non-governmental organizations. If you are uncertain about the quality of a source, please ask. All students must clear their essay topic with me in person by February 5. Essays must include proper citation and bibliography (outside the page count). Chicago or MLA style are preferred. See http://www.eclibrary.ca/library/content/view/39/71/ for style guides. Academic integrity is fully expected. See Nipissing University's policy on academic dishonesty, including the definitions, penalties and procedures for dealing with plagiarism at http://www.nipissingu.ca/calendar/studentpolicies_academicdishonesty.asp or in the calendar 3 Participation While attendance is mandatory it cannot alone satisfy participation requirements. Students are expected to contribute to class discussions in an informed manner that demonstrates critical engagement with the week’s readings and course themes in general. Late policy Reaction papers will not be accepted other than in the class for that week's readings (if you fall ill on the day of class but had prepared a response paper, you may email it to me on the day of class). I cannot grant an extension for the essay because it is due on the last day of classes—extensions after this point are a matter for the registrar's office. Course Outline: 1. Jan 8 – Course introduction Mingst and Karns, ch. 1 2. Jan 15 – UN History and Structure Mingst and Karns, Ch. 2-3. United Nations Charter (appendix in Mingst and Karns) United Nations Secretary General (2005) In Larger Freedom: towards development, security and human rights for all, Executive Summary at http://www.un.org/largerfreedom/summary.html. *First two response papers due between Jan 22 and Feb 12 in class of that week's readings 3. Jan 22 – Human Rights Mingst and Karns, ch. 6 Mennecke, Martin (2007) "Punishing Génocidaires: A Deterrent Effect or Not?," Human Rights Review 8(4):319-339 [ref-share] Convention on the Prevention and Punishment of Genocide [online] Supplemental Take a look at the range of human rights instruments under international law at OHCHR http://www2.ohchr.org/english/law/index.htm#core. Please skim content of ICCPR and ICESCR The International Committee of the Red Cross has a good overview of International Humanitarian law (IHL). www.icrc.org/eng [left-hand menu; scroll to "IHL in brief"] 4. Jan 29 – Peace and Security Mingst and Karns, ch. 4 [skim or skip section on arms control and disarmament 115-122] United Nations Secretary-General. 2004. Report on the Rule of Law and Transitional Justice in Conflict and Post-conflict Societies. [available online or I can email you a copy] UN Security Council Resolution 1325 on Women, Peace and Security (2000) at http://www.peacewomen.org/un/sc/res1325.pdf. 4 5. Feb 5 – Rwanda and The Responsibility to Protect (R2P). *Essay topic to be cleared with me in person by this week International Commission on Intervention and State Sovereignty, The Responsibility to Protect, Ottawa: International Development Research Centre, 2001 at http://www.iciss.ca/report-en.asp. Read at least the synopsis and chapters 1-5. Bellamy, Alex J. (2008) "Conflict Prevention and the Responsibility to Protect," Global Governance 14: 135-156. [ref-share] Film: The Triumph of Evil (60 min.; 254466) Supplemental: Understanding the Conflict Des Forges, Allison. (1999) Leave None to Tell the Story: Genocide in Rwanda. New York: Human Rights Watch. http://www.hrw.org/reports/1999/rwanda/ . 6. Feb 12 – Darfur and the Responsibility to Protect Belloni, Roberto (2006) "The Tragedy of Darfur and the Limits of the Responsibility to Protect," Ethnopolitics 5(4):327-346. [ref-share] Reeves, Eric (13 September 2008) "'Chaos by Design:' Khartoum's Patterns of Violence in Darfur" at http://www.sudanreeves.org/Article224.html. Human Rights First et al. (2008) "Rhetoric vs. Reality: The Situation in Darfur" at Human Rights Watch http://www.hrw.org/sites/default/files/related_material/darfur1208.pdf. Supplemental: Understanding the Conflict de Waal, Alex. 2007. The Wars of Sudan. The Nation 284, no. 11 (Mar 19) : 16-20. de Waal, Alex. (2005). "Defining Genocide," Index on Censorship, 34 (1): 6-13. Flint, Julie. 2006. "Darfur: Dying for Peace." Review of African Political Economy 33, no. 108 (June) : 325-368. See also Eric Reeves' website (www.sudanreeves.org) or International Crisis Group. 7. Feb 19 – Reading Week *Last two response papers due between Feb 26 and Mar 26 in class of that week's readings 8. Feb 26 – DR Congo and Peacekeeper Misconduct Clark, Phil (2007) "In the Shadow of the Volcano: Democracy and Justice in Congo," Dissent 54(1)29-35. [ref-share] Higate, Paul (2007) "Peacekeepers, Masculinity, and Sexual Exploitation," Men and Masculinities 10(1):99-119. [ref-share] Murphy, Ray. 2006. "An Assessment of UN Efforts to Address Sexual Misconduct by Peacekeeping Personnel." International Peacekeeping 13, no. 4 (Dec) : 531-546. [ref-share] Plaut, Martin (2007) "Trading Guns for Gold: Pakistani Peacekeepers in the Congo," Review of African Political Economy, vol. 34, no. 113, pp. 580-588. [ref-share] Film: Blue Helmets: Peace and Dishonour (42 min.; 267503) Supplemental: Understanding the Conflict [continues next page] BBC News (21 November 2008) "Q&A: DR Congo conflict" at http://news.bbc.co.uk/1/hi/world/africa/3075537.stm. 5 Polgreen, Lydia (15 November 2008) "Congo's Riches, Looted by Renegade Troops," New York Times at http://www.nytimes.com/2008/11/16/world/africa/16congo.html Gettleman, Jeffrey, "Rape Epidemic Raises Trauma of Civil War" (7 October 2007) New York Times at http://www.nytimes.com/2007/10/07/world/africa/07congo.html Prunier, Gérard (n.d.) "DR Congo: The Troubled East," Centre for Strategic & International Studies, Africa Policy Forum at http://forums.csis.org/africa/?p=78. Gambino, Anthony W. (2008) Congo: Securing Peace, Sustaining Progress, Council on Foreign Relations Special Report at http://www.cfr.org/publication/17607/congo.html . 9. Mar 5 – International Justice and Gender-based crime Reread: Mingst and Karns, pages 198-204 Chappell, Louise (2008) "The International Criminal Court: A New Arena for Transforming Gender Justice?" in Shirin M. Rai and Georgina Waylen, eds., Global Governance. New York: Palgrave. Pages 160-184. ISBN: 978-0-230-53705. [coursepack] Buss, Doris. 2007. "The Curious Visibility of Wartime Rape: Gender and Ethnicity in International Criminal Law." Windsor YB of Access to Justice 25:3-22. ISSN: 0710-0841. [coursepack] 10. Mar 12 – International Justice and Impunity Sriram, L. Chandra and Amy Ross. 2007. "Geographies of Crimes and Justice: Contemporary Transitional Justice and the Creation of 'Zones of Impunity'." International Journal of Transitional Justice 1 (1):45-65. [[ref-share] Chinkin, Christine (2007) "Peoples' Tribunals: Legitimate or Rough Justice?" Windsor Yearbook of Access to Justice 24(2):201-220. ISSN: 0710-0841 [coursepack] 11. Mar 19 – Peacebuilding: Broader Paths to Justice Handrahan, Lori (2004) "Conflict, Gender, Ethnicity and Post-Conflict Reconstruction," Security Dialogue 35(4):429-445. [ref-share] Arbour, Louise. 2006. "Economic and Social Justice for Societies in Transition," Second Annual Transitional Justice lecture hosted by the New York University School of Law Center for Human Rights and Global Justice and by the International Center for Transitional Justice, New York University School of Law. [www.unhchr.ch/Huricane/Huricane.nsf/60a520ce334aaa77802566100031b4bf/40032f0dc 00bf784c12572140031760a/$FILE/TransitionalJustice.pdf] Mingst and Karns, ch. 5 "Economic Development and Sustainability" (focus on 138-148; 150-155; 158-164] 12. March 26 – Peacebuilding: Broader Paths to Justice Chinkin, Christine and H. Charlesworth (2006) "Building Women into Peace: the International Legal Framework," 27 Third World Quarterly (5). [ref-share] Cohn, Carol (2007) "Mainstreaming Gender in UN Security Policy: A Path to Political Transformation?" in Shirin M. Rai and Georgina Waylen, eds., Global Governance. New York: Palgrave. Pages 185-206. ISBN: 978-0-230-53705. [coursepack] 13. April 2 – Conclusions and Review Mingst and Karns, ch. 8