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  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Journal of Military and Strategic Studies
  • Institution: Centre for Military and Strategic Studies
  • Abstract: In America and the Rogue States, Thomas Henriksen lays out the relationships that exist, and have existed, between America and the states that made up George W. Bush's 'Axis of Evil.' Henriksen outlines the history of the interactions between the United States and North Korea, pre-invasion Iraq, and Iran, and through this draws out a number of themes. He also shows that the ways the relationships have played out are highly situational and there is no one-size-fits-all solution. In the last chapter, Henriksen explores American relationships with a number of states that were either once considered rogue or could become rogue, like Libya, Syria, and Cuba, referring to them as either “lesser rogues” or “troublesome states.” These states have remained “a puzzle for US foreign policy” (1) and are characterized by three things: autocratic governance, sponsorship of terrorism, and pursuit of weapons of mass destruction (WMD). There is no clear definition provided by Henriksen for what can be considered a rogue state, making it difficult to judge what other states, if any, could be considered rogue. Henriksen seems to arbitrarily decide who is rogue and who is not: Cuba is a rogue state, while Myanmar is merely troublesome. Instead of synthesizing a clear definition of the term, something that could then be applied to other states in order to judge their 'rogueness,' Henriksen uses the Bush administration's criteria (the term itself was coined by President Bill Clinton in a 1994 speech in Brussels), which was outlined in the National Security Strategy of 2002 (NSS-2002). These were “brutality toward their own people; contempt for international law; determination to acquire weapons of mass destruction (WMD); advanced military technology; sponsorship of terrorism; rejection of human rights values; and hatred for the United States and 'everything it stands for'”. The use of the NSS-2002 definition allows for the 'Axis of Evil' to fit neatly into the term, which constitutes a problem of tautology, at least for the Bush administration. Further compounding this was that, according to Henriksen at least, the administration was set on going to war in Iraq prior to assuming office. This creates a situation in which it is hard to determine whether the idea of rogue states was created to justify this desire, or it informed the desire prior to the administration taking office.
  • Topic: Foreign Policy, Terrorism
  • Political Geography: United States, America, North Korea, Libya
  • Author: Mark R. von Sternberg
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court's decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in the United States and the summary denial of children's asylum claims flowing from gang violence. Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization Journal on Migration and Human Security document for those filing colorable claims should be recognized by statute to render US practice consistent with that of most other states. Release from detention, on the other hand, for asylum seekers has now been broadly recognized by the US Department of Homeland Security where the asylum seeker's identity can be ascertained and the claim is non-frivolous in nature. This approach is largely consistent with international law, although there have been unnecessary delays in implementing it. On the substantive law, the international customary norm of non-refoulment has been expanded considerably through the development of opinio juris by scholars and the practice of states. This paper traces efforts in Europe to develop a law of temporary refuge for those fleeing civil war situations characterized by humanitarian law violations. Similarly, case law under the European Convention of Human Rights has now come to focus on the harm the claimant would suffer as the result of conditions in the country of origin without identifying an explicit agent of serious harm. Related to these developments has been the notion of complementary protection under which relief can be conferred where the alien would suffer serious harm upon return to the home state but not for a Convention reason. These approaches have now received approval in the European Union Asylum Qualification Directive so that international protection may now be conferred either because the alien would suffer serious harm on account of the intensity of human rights violations taking place in the country of origin, or those conditions, taken in conjunction with the claimant's personal situation, support a finding that the claimant would be impacted. This paper argues that this latter standard has now been made a part of the customary norm of non-refoulement and that it should be recognized by statute as a basis for non-return and coupled with status where the new standard can be met. Such a measure would help restore the nation's commitment to human rights and humanitarian concerns.
  • Topic: Human Rights, Humanitarian Aid, Terrorism
  • Political Geography: United States
  • Author: Seyom Brown
  • Publication Date: 02-2015
  • Content Type: Book
  • Institution: Columbia University Press
  • Abstract: Seyom Brown's authoritative account of U.S. foreign policy from the end of the Second World War to the present challenges common assumptions about American presidents and their struggle with power and purpose. Brown shows Truman to be more anguished than he publicly revealed about the use of the atomic bomb; Eisenhower and George W. Bush to be more immersed in the details of policy formulation and implementation than generally believed; Reagan to be more invested in changing his worldview while in office than any previous president; and Obama to have modeled his military exit from Iraq and Afghanistan more closely to Nixon and Kissinger's exit strategy from Vietnam than he would like to admit. Brown's analyses of Obama's policies for countering terrorist threats at home and abroad, dealing with unprecedented upheavals in the Middle East, preventing the proliferation of nuclear weapons, and containing new territorial expansion by China and Russia reinforce the book's "constancy and change" theme, which shows that serving the interests of the most powerful country in the world transforms the Oval Office's occupant more than its occupant can transform the world.
  • Topic: Foreign Policy, Arms Control and Proliferation, Cold War, Terrorism, International Affairs
  • Political Geography: United States
  • Publication Identifier: 9780231133296
  • Publication Identifier Type: ISBN
  • Author: Katherine Zimmerman
  • Publication Date: 02-2014
  • Content Type: Working Paper
  • Institution: American Enterprise Institute for Public Policy Research
  • Abstract: Yemen is at a pivotal moment today, three years after the outbreak of popular protests, and the future of America's strategy against al Qaeda in the Arabian Peninsula (AQAP) is on the line. Yemen is in the midst of a political transition process that will eventually reform and decentralize the government. But the success of the effort is by no means assured. The reforms will not, in any case, address the deteriorating socioeconomic conditions that provide fertile ground for al Qaeda. Moreover, the central state, never fully able to exercise its sovereignty throughout the country, is weaker than it was before 2011. Opposition groups, which have turned to violence in the past, may still seek to form independent states of their own, potentially collapsing the fragile Yemeni state structure entirely. American interests are bound up in this process by the fact that AQAP is among the most virulent al Qaeda affiliates that poses a direct threat to the U.S. homeland. Syria, Iran, and other foreign and domestic policy issues are distracting the United States and its regional partners from sustained engagement in Yemen. Without international support, the country is much less likely to ride this transition process smoothly and our security interests will be severely harmed.
  • Topic: Islam, Terrorism, Armed Struggle, Insurgency, Governance
  • Political Geography: United States, Middle East, Yemen, Arabia
  • Author: Joshua C. Burgess
  • Publication Date: 02-2014
  • Content Type: Working Paper
  • Institution: The Washington Institute for Near East Policy
  • Abstract: The Obama administration should demonstrate renewed resolve to counter growing extremism in the region and build lasting stability, starting with a joint U.S.-French statement during President Francois Hollande's visit to Washington this week.
  • Topic: Foreign Policy, Terrorism, Bilateral Relations
  • Political Geography: Africa, United States, Europe
  • Author: Matthew Levitt
  • Publication Date: 03-2014
  • Content Type: Working Paper
  • Institution: The Washington Institute for Near East Policy
  • Abstract: There is no guarantee that a peace deal will be reached within the current timeline, but a Palestinian return to armed struggle would be a far greater political, economic, and humanitarian disaster than any short-term frustration with the negotiations. Peace processes are rarely peaceful processes, and the current U.S.-led effort to reach an Israeli-Palestinian "framework agreement" is no exception. As the tempo of negotiations between the main parties picks up speed, more radical actors have reemerged to violently oppose the process, from Palestinian Islamic Jihad (PIJ) and the Popular Resistance Committees, to Salafi jihadist groups, to Marxist factions such as the Popular Front for the Liberation of Palestine (PFLP). Many observers have focused on the sharp increase in rockets fired at Israel from Gaza in the past few weeks and the prospect of another Gaza war. But that issue, while crucial, has drawn media attention away from two equally troubling trends: the increase in violence across the West Bank, and new signs that some officials from the Palestinian Authority and its leading party, Fatah, may be hedging their bets and preparing for wider violence if the peace process fails.
  • Topic: International Cooperation, Terrorism, Treaties and Agreements
  • Political Geography: United States, Middle East
  • Author: Aaron Shull
  • Publication Date: 06-2014
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Examining global cybercrime as solely a legal issue misses an important facet of the problem. Understanding the applicable legal rules, both domestically and internationally, is important. However, major state actors are using concerted efforts to engage in nefarious cyber activities with the intention of advancing their economic and geostrategic interests. This attempt to advance a narrow set of economic interests through cybercrime and economic cyber espionage holds to the potential to erode the trust in the digital economy that has been a necessary condition for the success of the Internet as an economic engine for innovation and growth. By pursuing these efforts, states are prioritizing short-term interests over long-term stability and a responsibly governed, safe and secure Internet platform. This paper explores the recent unsealing of a 31-count indictment against five Chinese government officials and a significant cyber breach, perpetrated by Chinese actors against Western oil, energy and petrochemical companies. The paper concludes by noting that increased cooperation among governments is necessary, but unlikely to occur as long as the discourse surrounding cybercrime remains so heavily politicized and securitized. If governments coalesced around the notion of trying to prevent the long-term degradation of trust in the online economy, they may profitably advance the dialogue away from mutual suspicion and toward mutual cooperation.
  • Topic: Defense Policy, Crime, International Trade and Finance, Terrorism, Bilateral Relations
  • Political Geography: United States, China, Asia
  • Author: Mary Habeck
  • Publication Date: 04-2014
  • Content Type: Working Paper
  • Institution: American Enterprise Institute for Public Policy Research
  • Abstract: Current national security policy is failing to stop the advancement of al Qaeda and its affiliates throughout the Muslim-majority world. While there are many reasons for this failure, three key issues stand out: a poor definition of the enemy, an incorrect view of its objectives, and the adoption of a strategy that will not defeat the latest evolution of this adaptive organization. If the US understood al Qaeda as it is: the leadership and field army of an insurgency with worldwide linkages that hopes to impose its extremist version of shari'a , govern territory, and overthrow the leaders of every Muslim- majority country, the current national strategy for combating al Qaeda would not be confined to counter - terrorism and attrition, but would instead make counterinsurgency-without large numbers of American ground forces-its main technique for confronting and defeating the organization.
  • Topic: Defense Policy, Islam, Terrorism, Military Strategy, Counterinsurgency
  • Political Geography: United States, America
  • Author: Derek M. Scissors
  • Publication Date: 07-2014
  • Content Type: Working Paper
  • Institution: American Enterprise Institute for Public Policy Research
  • Abstract: Chinese foreign investment declined through mid-2014 for the first time since the financial crisis. By sector, energy draws the most investment, but a slump in energy spending means that metals and real estate have been more prominent so far in 2014. The United States has received the most Chinese investment since 2005, followed by Australia, Canada, and Brazil. China invests first in large, resource-rich nations but has also diversified by spending more than $200 billion elsewhere. Chinese investment benefits both China and the recipient nation, but host countries must consider thorny issues like Chinese cyberespionage and subsidies.
  • Topic: Economics, Human Rights, International Trade and Finance, Terrorism, Foreign Direct Investment
  • Political Geography: United States, China, Canada, Asia, Brazil, Australia
  • Author: Andrew Monaghan, Henry Plater-Zyberk
  • Publication Date: 08-2014
  • Content Type: Working Paper
  • Institution: The Strategic Studies Institute of the U.S. Army War College
  • Abstract: The views expressed in this report are those of the authors and do not necessarily reflect the official policy or position of the Department of the Army, the Department of Defense, or the U.S. Government. Authors of Strategic Studies Institute (SSI) and U.S. Army War College (USAWC) Press publications enjoy full academic freedom, provided they do not disclose classified information, jeopardize operations security, or misrepresent official U.S. policy. Such academic freedom empowers them to offer new and sometimes controversial perspectives in the interest of furthering debate on key issues. This report is cleared for public release; distribution is unlimited.
  • Topic: Security, Defense Policy, International Cooperation, Terrorism
  • Political Geography: United States, China, East Asia