Karen Engle

Feminism and Its (Dis)Contents: Criminalizing Wartime Rape in Bosnia and Herzegovina

Today many feminists seem relatively content with the treatment of rape and other sexual violence against women under international criminal law. In the context of the conflict in Bosnia and Herzegovina in the early 1990s, feminist activists made a concerted effort to affect the statute establishing the International Criminal Tribunal for the Former Yugoslavia (ICTY), the rules of evidence under which rape and other crimes of sexual violence would be prosecuted, the form the indictments of crimes of sexual violence would take, and the strategies and legal argumentation made at both the trial and the appellate levels. For the most part, much to the surprise of many feminists themselves, they have been successful. As Joanne Barkan comments: “From the start, most observers considered the [ICTY] a sop to human rights and feminist activists who wanted intervention.... Almost no one expected it to succeed. And yet to some extent, at least for women, it did.”

The elusive promise of indigenous development : rights, culture, strategy

Acknowledgments Introduction Part I. International and Transnational Indigenous Movements 1. Setting the Stage for the Transnational Indigenous Rights Movement: Domestic and International Law and Politics 2. Indigenous Movements in the Americas in the 1970s: The Fourth World Movement and Pan-indigenism 3. International Institutions and Indigenous Advocacy in the 1980s and 1990s: Self-Determination Claims 4. International Indigenous Advocacy in the 1980s: Following the Model of a Human Right to Culture Part II. Human Rights and the Uses of Culture in Indigenous Rights Advocacy 5. Culture as Heritage 6. Culture as Grounded in Land 7. Culture as Development Part III. Indigenous Models in Other Contexts: The Case of Afro-Colombians 8. The History of Law 70: Culture as Heritage, Land, and Development 9. The Periphery of Law 70: Afro-Colombians in the Caribbean Conclusion Notes Bibliography Index

From Skepticism to Embrace: Human Rights and the American Anthropological Association from 1947-1999

In 1947, the Executive Board of the American Anthropological Association (AAA) submitted its Statement on Human Rights to the United Nations.1 Anthropologists have been embarrassed ever since. In the late 1940s, anthropologists were embarrassed because they saw the Statement as limiting tolerance. In recent years, embarrassment has derived from a sense that the document refused to place a limit on tolerance.This debate among anthropologists over the limits of tolerance has occurred in the context of the development of an international human rights regime. In the debate, culture and human rights have largely been seen as oppositional. To be for human rights would be to oppose the acceptance of cultural practices that might conflict with one’s interpretations of human rights’ norms. To support an acceptance of conflicting cultural practices would be to oppose human rights.This article proceeds by describing and situating the 1947 Statement and discussing the embarrassment it has engendered over the past fifty years. It grounds the discussion in an historical account of the rise and fall and partial resurrection of Boasian anthropology. It then considers the statements and interventions of the AAA’s Human Rights Committee and other recent pro-rights anthropological scholarship to discuss the similarities in the positions. Through this analysis, I argue that current anthropological attempts at embracing human rights continue to be plagued by the controversies of the 1940s.In examining the AAA Human Rights Committee’s discourse and the recent Declaration adopted by the AAA, I do not assume that these positions represent the state of American anthropology in the 1990s. Indeed, one of the striking aspects of pro-rights anthropology is that it asserts a human right to culture, often failing to attend to conflicts within cultures, despite the tendency in much of anthropology over the past fifteen years to complicate or even abandon the notion of culture.

The OSCE in the maintenance of peace and security : conflict prevention, crisis management and peaceful settlement of disputes

Preface. Acronyms. Tables. 1. The OSCE: Institutional and Functional Developments in an Evolving European Security Order K. Mottola. 2. The OSCE Main Political Bodies and Their Role in Conflict Prevention and Crisis Management A. Bloed. 3. Dispute Settlement Procedures and Crisis Management B. Meyer. 4. The Role of the Human Dimension of the OSCE in Conflict Prevention and Crisis Management M. Pentikainen. 5. The High Commissioner on National Minorities: Development of the Mandate M.A.M. Estebanez. 6. OSCE Long- Term Missions A. Rosas, T. Lahelma. 7. The United Nations and Regional Organizations in the Maintenance of Peace and Security A. Gioia. 8. OSCE Peace-Keeping N. Ronzitti. 9. Relations Between the OSCE and NATO with Particular Regard to Crisis Management and Peace- Keeping L. Zannier. 10. Third Party Peace-Keeping and the Interaction Between Russia and the OSCE in the CIS Area E. Greco. 11. Division of Labour Between the UN and the OSCE in Connection with Peace-Keeping G. Burci. 12. Financing Peace-Keeping and Peace-Related Operations. The UN and OSCE Practice F. Pagani. 13. Dispute Settlement Procedures in the OSCE - Genesis and Overview T. Lohmann. 14. The Various Dispute Settlement Procedures - General International Law and OSCE Practice M. Bothe. 15. The OSCE Court of Conciliation and Arbitration: Some Facts and Issues L. Caflisch. 16. The Role of Conciliation and Similar Proceedings in International Dispute Settlement and the OSCE Procedures T. Lohmann. 17. Subsidiarity and Other Obstacles to the Use of the OSCE Dispute Settlement Procedures S. Jacobi. 18. Nagorno-Karabakh: A Case-Study of OSCE Conflict Settlement R. Dehdashti. 19. The Role of the OSCE in the Former Yugoslavia after the Dayton Peace Agreement M. Sica. 20. The OSCE Mediterranean Dimension: Conflict Prevention and Management R. Aliboni. 21. Conclusions and Perspectives M. Bothe, et al. Index.

Celebrity diplomacy and global citizenship

In this essay, I examine an endeavour by UN Action Against Sexual Violence (UN Action), a multi-agency initiative created in 2007 to bring attention and encourage response to sexual violence in war. I view this campaign, entitled ‘Stop Rape Now’, as an example of a trend I have identified elsewhere: what began with feminist calls for an analysis of the gendered production of war has morphed, through humanitarian logic, into a nearly exclusive focus on rape and sexual violence, often presented as fates worse than death (Engle 2005). Here I briefly examine the role that celebrities have played in the campaign by considering a public service announcement (PSA) and an accompanying website that relies on celebrities to make intelligible the harm of rape during armed conflict. This PSA, I argue, aims to produce ideal, benevolent global citizens. Just as The Oprah Winfrey Show often thrives on the intimacy Oprah establishes between herself – both as a celebrity and as a channel to celebrity guests – and her audience, the anti-rape campaign depends on ordinary people’s identification with celebrities as part of the ‘enlightened’. As I hope to demonstrate, however, the campaign betrays the limits of the global citizenship to which it appeals.

Self-Critique, (Anti) Politics and Criminalization: Reflections on the History and Trajectory of the Human Rights Movement

In this chapter, I identify and critically discuss three aspects of the history and trajectory of the human rights movement from the 1970s until today: its increasing tendency toward self-critique, its roots in and ongoing struggle with a commitment to being antipolitical, and its relatively recent attachment to criminal law as its enforcement mechanism of choice. In part, I contend that the latter two aspects work in tandem to defer, even suppress, substantive debates over visions of social justice, even while relying on criminal justice systems of which the movement has long been critical. The chapter pursues this discussion through an in-depth reading of two related works by David Kennedy, the first published in 1985 and the second, which reproduces but also revisits the writing and reception of the first, in 2009. Because the pieces are primarily situated in Uruguay in 1984, it contextualizes them and my own thesis in a 25-year old struggle in Uruguay over whether to grant amnesty to military and political officials for acts committed during the dictatorship that ended in 1985.