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Begin New Search Topic Rule of Law Content Type Special Report Publication Year within 10 Years Publication Year within 5 Years

1. Authoritarian kleptocrats are thriving on the West’s failures. Can they be stopped?

Author:
Francis Shin and Ben Judah
Publication Date:
01-2023
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
A hidden web of power revealed itself to Internet users in early 2022. Following a brutal government crackdown in Kazakhstan in January, anyone using open-source flight-tracking websites could watch kleptocratic elites flee the country on private jets. A little more than a month later, Russia’s invasion of Ukraine brought a new spectacle: social media users were able to track various oligarchs’ superyachts as they jumped from port to port to evade Western sanctions. These feeds captured a national security problem in near real time: In Eurasia and beyond, kleptocratic elites with deep ties to the West were able to move themselves and their assets freely despite a host of speeches by senior officials, sanctions, and structures designed to stop them. Kleptocratic regimes—kleptocracy means “rule by thieves”—have exploited the lax and uneven regulatory environments of the global financial system to hide their ill-gotten gains and interfere in politics abroad, especially in the United States, the United Kingdom, and the European Union. They are aided in this task by a large cast of professional enablers within these jurisdictions. The stronger these forces get, the more they erode the principles of democracy and the rule of law. Furthermore, the international sanctions regime imposed on Russia in response to its invasion of Ukraine has little hope of long-term success if the global financial system itself continues to weaken. The West still has a long way to go to rein in the authoritarian kleptocrats who have thrived on the institutional dysfunction, regulatory failure, and bureaucratic weakness of the transatlantic community for far too long. We need to rethink not just how we combat kleptocracy, but also how we define it. Policy makers need to understand that authoritarian regimes that threaten transatlantic security are closely linked to illicit financial systems. As it stands, our thinking about how foreign corruption spreads is too constrained by stereotypes about kleptocratic goals and actions.
Topic:
Corruption, Diplomacy, Intelligence, Politics, Sanctions, Authoritarianism, Reform, European Union, Regulation, Finance, Economy, Rule of Law, and Russia-Ukraine War
Political Geography:
Russia, United Kingdom, Europe, Ukraine, Canada, and United States of America

2. Kosovo Security Barometer Special Edition on Corruption, Rule of Law and Police integrity in Kosovo

Author:
Shpat Balaj
Publication Date:
02-2021
Content Type:
Special Report
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
The first section introduces the level of trust expressed by respondents on the relevant institutions (justice, security and municipal institutions), as well as the direct contact of the surveyed respondents with these institutions during 2018. Similar to previous years, security institutions are leading when it comes to public trust when compared to other institutions analysed in this special edition. The second section of the report interprets key security threats and risks in Kosovo. Given that corruption has been ranked as the highest problem to Kosovo’s national security, this section is focused on views of respondents towards corruption in the relevant institutions. Apart from general interpretation of data on corruption in Courts, Prosecution, Kosovo Police and Municipalities, the report offers cross-tabulated data analysis based on regions, rural/urban areas, gender balance, and ethnic composition of respondents for all targeted institutions. While, the third or final section of the report provides a detailed interpretation of open-ended and closed-ended questions of the 2018 survey of Kosovo Security Barometer on main issues harming police integrity in Kosovo. Accordingly, results presenting opinions of respondents on corruption within sectors of the Kosovo Police mirror a better understanding on what are the most and the least corrupted police sectors in Kosovo. Furthermore, data analysis through cross-tabulated results (based on regions, areas, gender balance, and ethnic background) provides an exhaustive elaboration of respondents’ attitudes towards police corruption in Kosovo. Given that the Kosovo Security Barometer’s survey was conducted in the second half of 2018 (September-October 2018), thus it does not reflect some of the developments that have occurred from November 2018 to March 2019.
Topic:
Security, Corruption, Rule of Law, and Police
Political Geography:
Eastern Europe and Kosovo

3. “No Going Backward”: Afghanistan’s Post–Peace Accord Security Sector

Author:
Annie Pforzheimer, Andrew Hyde, and Jason Criss Howk
Publication Date:
03-2021
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
Failure to plan realistically for needed changes in Afghanistan’s security sector following a peace settlement—and failure to start phasing in changes now—will lead to post-settlement instability. This report examines the particular challenges Afghanistan will face, with examples from the climate following peace settlements in other parts of the world offering insight into what may occur and possibilities for response. An Afghan-owned and Afghan-led strategy that incorporates some of this report’s recommendations can help create a lasting foundation for Afghan and regional stability.
Topic:
Security, Political stability, Rule of Law, Peace, and Justice
Political Geography:
Afghanistan and South Asia

4. Extending Constitutional Rights to Pakistan’s Tribal Areas

Author:
Umar Mahmood Khan, Rana Hamza Ijaz, and Sevim Saadat
Publication Date:
04-2021
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
When Pakistan’s Federally Administered Tribal Areas were officially merged into Khyber Pakhtunkhwa Province in May 2018, the five million residents of the former tribal areas acquired the same constitutional rights and protections—including access to a formal judicial system—as Pakistan’s other citizens. This report, based on field research carried out by the authors, explores the status of the formal justice system’s expansion, finding both positive trends and severe administrative and capacity challenges, and offers recommendations to address these issues.
Topic:
Security, Rule of Law, Justice, and Tribes
Political Geography:
Pakistan and South Asia

5. The Rule of Law and its Social Reception as Determinants of Economic Development. A Comparative Analysis of Poland and Germany

Author:
Christopher Hartwell, Kateryna Karunska, Krzysztof Głowacki, and Maria Krell
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
The rule of law, by securing civil and economic rights, directly contributes to social prosperity and is one of our societies’ greatest achievements. In the European Union (EU), the rule of law is enshrined in the Treaties of its founding and is recognised not just as a necessary condition of a liberal democratic society, but also as an important requirement for a stable, effective, and sustainable market economy. In fact, it was the stability and equality of opportunity provided by the rule of law that enabled the post-war Wirtschaftswunder in Germany and the post-Communist resuscitation of the economy in Poland. But the rule of law is a living concept that is constantly evolving – both in its formal, de jure dimension, embodied in legislation, and its de facto dimension, or its reception by society. In Poland, in particular, according to the EU, the rule of law has been heavily challenged by government since 2015 and has evolved amid continued pressure exerted on the institutions which execute laws. More recently, the outbreak of the COVID-19 pandemic transformed the perception of the rule of law and its boundaries throughout the EU and beyond (Marzocchi, 2020). Against this background, this study examines the rule of law as a determinant of economic development in Germany and Poland from both the de jure and de facto perspectives.
Topic:
Economic Growth, Rule of Law, Trade, and Economic Development
Political Geography:
Europe, Poland, and Germany

6. EU MONITOR: The new Slovak government: An exemplary to the rest of the V4 amidst global crises?

Author:
Miroslava Pěčková
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Europeum Institute for European Policy
Abstract:
The results of Slovak presidential and European elections in 2019 indicated a political change in Slovakia, distancing itself from a twelve year-long dominance of ruling party SMER, which got embroiled in many corruption scandals throughout its reign. Firstly, the presidential elections in March 2019 appointed Zuzana Čaputová to President, defeating SMER´s candidate Maroš Šefčovič. She took hold of the office as an explicit advocate for multilateralism, anticorruption and a more liberal direction for the country, stating that her “main focus is to bring about change in Slovakia, and for Slovakia to be a reliable and predictable partner of the European Union”, while having an “inspirational effect” to other European countries in this regard1. Secondly, two months later, the coalition PS-SPOLU (whose former vice-president is Čaputová) noticeably won the elections to the European Parliament, with its programme promising a “real European Slovakia” and an intention to actively participate in the EU´s development and unity2. The coalition´s success marked another election lost by SMER in a row and subsequently offered the possibility of further political upheaval in the upcoming elections. The composition of the new government coalition arising from the 2020 Slovak parliamentary elections confirmed the change of political leadership in the country, thus bringing a potential for change as it consists of the parties of previous opposition and defined itself against its predecessor. This paper will analyse the new government´s programme and policies specifically pertaining to rule of law and green transformation vis-à-vis their feasibility in the context of contemporary developments. The COVID-19 pandemic influenced the beginning of the rule of the new government and is going to affect the real shape of its original political plans and reforms due to significant impact on Slovak economy. Moreover, the paper will reflect if these developments are likely to be significant in the Visegrad 4 context.
Topic:
Politics, Elections, European Union, Rule of Law, and COVID-19
Political Geography:
Eurasia, Eastern Europe, Czech Republic, and Slovakia

7. Towards a More Principled European China Policy?

Author:
Stephan Frühling
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Promoting political values (democracy, human rights and the rule of law) in China is a colossal undertaking, but the EU could be more effective than we think. To do so, it must act strategically, in unity, and in concert with like-minded partners. It must also strengthen its record of upholding political values and reform its procedures for foreign policy decision-making. On 30 June 2020, China adopted a National Security Law for the Hong Kong Special Administrative Region that not only undermines human rights and the rule of law that were promised to its citizens, but also violates international law. A few weeks before, when China’s intention became public, the European Union reacted cautiously, expressing concern but clarifying that the introduction of the law would not adversely affect its relations with China. The EU’s first reaction fell far short of statements released by the United States, the United Kingdom and Australia, among others. But the EU’s reaction grew more critical over time. The first EU institution to adopt a tougher approach was the European Parliament. Shortly after, the European Commission and – to a lesser extent – the European Council followed with statements by its presidents after the EU-China summit held on 22 June 2020. This episode could turn out to be exemplary for the role of political values in the European Union’s relations with China. China and Europe have fundamentally divergent political values, even though they often use the same terminology. For a long time, many Europeans believed that China’s definition of democracy, human rights and the rule of law –, the three constitutive values enshrined in the Treaty of the European Union – would ultimately converge with the European understanding. This has not turned out to be the case. China is growing more self-confident, not only defending but starting to spread its own definitions of the triad of political values. This comes at a time when the EU is realigning its China policy more generally. The new European Commission strives to be a “geopolitical” entity strategically engaging to achieve concrete results in its bilateral relations with China. The starting point of this shift is the 2019 “Strategic Outlook” developed by the European External Action Service, which defines China not only as a “partner”, but also a “competitor” and a “systemic rival”. On political values, China clearly is a “systemic rival”. The crucial question is whether “systemic rivalry” in the field of political values carries implications for other policy fields in which the EU and China are partners or competitors. A general consensus that the EU should adopt a more principled China policy and defend and promote its political values spells out very differently across EU institutions. By institutional design, the European Council is a pragmatic rather than principled institution. Compromise resulting from bargaining among member states with different interests shapes its approach. At the other end of the spectrum, the European Parliament serves a principled watchdog function, but has very limited competencies in foreign and security affairs. The European Commission strives to overcome the decades-old challenge of policy silos resulting from its fragmented institutional structure and the more than 60 sectoral dialogues with China. This carries the potential to turn more principled. However, to this day it is not clear whether the European Commission will make the promotion of political values a policy priority even if this comes at the cost of economic cooperation. This paper outlines ongoing debates on the EU’s new China policy and the role of political values in it, and provides 25 concrete policy recommendations for a more principled China policy that defends and promotes democracy, human rights and the rule of law.
Topic:
Foreign Policy, Human Rights, Democracy, and Rule of Law
Political Geography:
China, Europe, and Asia

8. Gendarmeries and constabulary-type police: Roles and responsibilities of police with mixed military and civilian characteristics

Author:
Ronja Harder and Jasper Linke
Publication Date:
01-2019
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Gendarmeries and constabulary-type police go by many names, but all combine characteristics of both the military and civilian police. Because of their unique skill sets, demand for such forces to face new threats to domestic and international security has increased everywhere. However, the mixed military–civilian characteristics of gendarmeries and constabulary-type police pose special challenges for democratic civilian control and the appropriate use of force, especially in domestic law enforcement. This SSR Backgrounder describes the roles and functions of gendarmeries and similar forces and explains how applying the principles of good SSG enables them to fulfil their legitimate mission of protecting both state and human security with respect for human rights and the rule of law. This SSR Backgrounder answers the following questions: What are gendarmeries and constabulary-type police? What roles can gendarmeries play in domestic security? How can gendarmeries contribute to international security? Are gendarmeries compatible with democratic security governance? What does SSR mean for gendarmeries?
Topic:
Security, Human Rights, Law Enforcement, Military Affairs, and Rule of Law
Political Geography:
Geneva and Global Focus

9. Ukrainian Activism for Transparency and Accountability: Two Steps Forward, One Step Back

Author:
Olena Tregub
Publication Date:
05-2019
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
Topic:
Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, and Justice
Political Geography:
Europe and Ukraine

10. A Court Worth Having? Growing Pains at the International Criminal Court

Author:
Tod Lindberg
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
The establishment of the International Criminal Court (ICC) in the Hague is a testament to liberal normative aspiration in international politics—the conviction that there should be a neutral juridical body, beyond the influence of the ebb and flow of political power among states, that is capable of holding the perpetrators of atrocities or aggression to account. Now, more than twenty years after the negotiation of the 1998 Rome Statute––the treaty establishing the court––and coming up on seventeen years since the ICC entered into force in 2002 with the ratification by sixty state-parties, one vexing question for proponents of international justice is that of how far beyond mere aspiration the court has managed to get.
Topic:
Politics, Rule of Law, Justice, and International Criminal Court (ICC)
Political Geography:
Yugoslavia, Rwanda, United States of America, and The Hague