Colonialism and Presidential Sovereignty

I have just finished reading, for the second time, Paul Collier's 2009 book, Wars, Guns, and Votes: Democracy in Dangerous Places. It is the kind of book that is useful to read and think about when embarking on a research project because it addresses important questions with creative methods of enquiry. In this case, the important questions are ones related to political and economic development that were introduced in Collier’s 2007 book, The Bottom Billion.

In any re-reading, different points from those encountered in previous readings are likely to stand out. This time, one of the points that struck me was an observation Collier makes about the relationship between the colonial experience of most states in the developing world and their governments' attitudes toward sovereignty. It is not an especially original observation, but it is important nonetheless. Collier writes (on page 200):

The most enduring legacy of the colonial experience is the excessive respect given both within the societies of the bottom billion, and by those who are concerned about their fate, to the notion of national sovereignty. The sentiment “never again” impedes serious thought. In reality, the typical society of the bottom billion does not have national sovereignty. It has yet to become a nation as opposed to a state: so it lacks the cohesion needed to produce effective restraints upon either the conduct of elections or the subsequent power of the winner. As a result, it has presidential sovereignty. No wonder presidents are jealous of national sovereignty: they are jealous of their own power.

When the world's dictators address the United Nations, as many do during the General Assembly's period for opening statements each September, they generally speak about the importance of respect for state sovereignty and the principle of non-intervention in the internal affairs of states, not human rights and the emerging responsibility to protect norm. In September 2012, Equatorial Guinea's president, Teodoro Obiang, told the assembled delegates in the UNGA, "We understand that international peace and security depend critically on compliance with the principles of international law: respect for the independence, territorial integrity, and national sovereignty of each state; the sovereign equality of nations and non-interference in the internal affairs of other states; the respect for and fulfillment of international commitments, and the promotion of friendly relations and reciprocal cooperation and equitable benefits among states." In his 2013 speech before the UNGA, one that prompted the U.S. delegation to walk out, Robert Mugabe, Zimbabwe's president since 1980, condemned western sanctions against his regime as a violation of "fundamental principles of the United Nations Charter on state sovereignty and non-interference in the domestic affairs of a sovereign state." He concluded by declaring, "Zimbabwe will never be a colony again."

In a similar vein, Uganda's Yoweri Museveni used his speech before the UNGA last year to condemn the International Criminal Court for its indictment of several high-ranking Kenyan officials in connection with post-election violence in 2007-2008. Museveni called the ICC's involvement in Kenya a form of arrogance akin to the arrogance of former colonial powers, whom he called "the old mistake makers." Rwanda's Paul Kagame also condemned the ICC's Kenyan case in his 2013 UNGA address. He stated, "Instead of promoting justice and peace, [the ICC] has undermined efforts at reconciliation and served only to humiliate Africans and their leaders, as well as served the political interests of the powerful."

These few quickly assembled examples of African leaders--dictators, mostly--using their brief moments in the global spotlight to demand respect for sovereignty seem to me to illustrate Collier's point about presidential sovereignty. What Collier would call Mugabe's "sell-by date" passed long ago. The elections he has held have been shams and Zimbabweans struggle to feed themselves while Mugabe amasses a vast, illicit, and personal fortune that he is far too old to enjoy. The same is true of Obiang, who came to power (in a military coup) a year earlier than Mugabe and has repeatedly tried to legitimize his corrupt regime with sham elections.

The sovereignty that dictators defend so vigorously has nothing to do with the rights of their peoples; they have none. This is why sovereignty is conditional and the right to non-intervention must be understood in light of human rights.

Gas for China

The New York Times reports today that Russia and China have signed a thirty-year agreement for the sale of natural gas to China. The deal, which had been in the works for over a decade, was signed while Russian president Vladimir Putin and Chinese president Xi Jinping were in Shanghai for a regional security conference.

While the New York Times story correctly notes the political impetus for the conclusion of this agreement in a setting in which Russia's relationship with Europe has been imperiled by events in Ukraine, it is also worth pointing out the significance of the agreement for China's efforts to address its environmental problems. According to the EPA, the use of natural gas for electricity production generates 1.22 pounds of carbon dioxide CO2 per kilowatt-hour (kWh) of electricity. In comparison, bituminous coal generates 2.08 pounds of CO2 per kWh, sub-bituminous coal generates 2.16 pounds of CO2 per kWh, and lignite generates 2.18 pounds of CO2 per kWh. The natural gas advantage is partially offset by the leakage of methane--the principal component of natural gas and a potent greenhouse gas--into the atmosphere during gas production and transportation, but, at least in the United States, studies suggest that the offsetting effects of leakage are not great enough to overcome the benefits of the ongoing transition from coal to natural gas.

Natural gas is no panacea for air pollution and climate change; energy from wind, water, and the sun remain far better options than any fossil fuel. Nevertheless, changes that can reduce China's dependence on coal--the increase in CO2 emissions from coal in China between 2002 and 2012 was roughly equal to Europe's total CO2 emissions from coal in 2011--should be welcomed even if the alternative (natural gas, in this case) is sub-optimal.

National Climate Assessment 2014

On Tuesday, the latest National Climate Assessment (NCA) was released. Its findings are sobering and leave no room for doubt regarding anthropogenic climate change and its impact on the United States. The report documents a pattern of drought in California and the Southwest, an increase in flooding in the Northeast, increases in extreme weather across the country, and the melting of sea ice, glaciers, and permafrost (with attendant releases of methane, a potent greenhouse gas) in Alaska.

The National Climate Assessment is an intergovernmental effort to collect and synthesize studies of climate change from government, academic, and private-sector sources. It was established by the Global Change Research Act of 1990. Previous reports were issued in 2000 and 2009. Reports are peer-reviewed in a process that includes the participation of a panel of the National Academy of Sciences.

The report is detailed and thoroughly documented. It includes both thematic and regional assessments. Here are just a few of the findings:

• "Temperatures at Earth’s surface, in the troposphere (the active weather layer extending up to about 5 to 10 miles above the ground), and in the oceans have all increased over recent decades." (Read more here.)
• "Heavy downpours are increasing nationally, especially over the last three to five decades. The heaviest rainfall events have become heavier and more frequent, and the amount of rain falling on the heaviest rain days has also increased. Since 1991, the amount of rain falling in very heavy precipitation events has been significantly above average." (Read more here.)
• "Warmer and drier conditions have already contributed to increasing wildfire extent across the western United States, and future increases are projected in some regions. Long periods of record high temperatures are associated with droughts that contribute to dry conditions and drive wildfires in some areas." (Read more here.)

Also this week, former Utah governor and Republican presidential candidate Jon M. Huntsman, Jr., in a New York Times op-ed, urged fellow Republicans to stop "denying the science" and "get back to [their] foundational roots as catalysts for innovation and problem solving." Huntsman wrote, "If Republicans can get to a place where science drives our thinking and actions, then we will be able to make progress." It is good that Huntsman is defending science as a driver of policy--but sad that it should be necessary to do so in addressing the entire Republican Party.

Glen Stassen (1936-2014)

Glen Stassen--theologian, ethicist, social critic, disarmament advocate--passed away in Pasadena, California on April 25, 2014. Stassen was a leader in the Nuclear Freeze movement in the United States during the 1980s and the founder of the Just Peacemaking Initiative in the 1990s. At the time of his death, Stassen was a professor at Fuller Theological Seminary in Pasadena.

International Law for Beginners

This somehow seems appropriate to post during final exams.

(Thanks to Amy Eckert and Thomas Doyle for digging this up and bringing it to my attention. The whole trove of Bart Simpson's "prison writings" is available at Bart's Blackboard, from whence this picture has come.)

Poisoning the Rice

The environmental news out of China would be bad under any circumstances--as always--but combined with what we're learning about rice, it seems especially worrisome.

China's government has released a study conducted from 2006 to 2013 that found that 19.4 percent of all arable land in the country is contaminated. Cadmium, nickel, and arsenic--products of emissions from Chinese industry--are the chief pollutants in the soil with the heaviest concentrations located in the Yangtze River Delta, the Pearl River Delta, and the northeast corner of China.

Meanwhile, studies conducted in the U.S. have found that rice absorbs arsenic and cadmium from the soil all too efficiently. In traditional rice-growing, where a paddy is flooded with water, rice draws arsenic from the soil. But if the amount of water used is reduced in an effort to limit the absorption of arsenic, rice will absorb cadmium instead. Both elements are toxic.

In addition to a massive environmental cleanup, what China needs is not organic rice but a genetically modified form of the grain that is able to avoid rice's normal thirst for cadmium and arsenic. Until that's available, though, it might be best to go with the noodles.

Rwanda: Visions of Hell

It was twenty years ago today that a plane carrying the presidents of Rwanda and Burundi was shot down in what would prove to be the opening act of one of the most hellish episodes in human history. Bypassing the civil authorities who should have been in charge in the aftermath of President Habyarimana's assassination, so-called Hutu Power advocates in the Rwandan military and government unleashed a premeditated program of genocide against the Tutsi and moderate Hutu of Rwanda. It turned the country into a macabre spectacle of death and destruction that lasted until the rebel forces of the Rwandan Patriotic Front managed to fight their way into Kigali in July. Over 800,000 were people killed in the genocide, most of them with machetes, hatchets, and hoes.

Most of the journalists, embassy officials, aid workers, and others who could have documented the Rwandan genocide fled the country in the first few days after the killing began. But some images have been preserved in photographs and in video, especially from the period immediately after the genocide ended when some journalists began to return. The incredible scope of the killing meant that evidence--in the form of bodies left unburied--was everywhere. There were visions of Hell at every turn.

What is Hell like? In Christendom from an early era, the ceilings and walls of cathedrals and monasteries commonly featured artistic depictions of Hell. For the church, an institution focused on salvation, it was important to spell out what the alternative to salvation might be. Thus, Luca Signorelli frescoed one of the walls of the Capella della Madonna di San Brizio in the Cathedral of Orvieto with the scene below.

Luca Signorelli, The Damned Taken to Hell and Received by Demons (1500-1503)

The triptych below by Hans Memling, now in the National Museum in Gdansk, Poland, offers another vision of Hell.

Hans Memling, The Last Judgment (1466-73)

These and many other representations of the damned being consigned to Hell aim to convey the human condition in its most grotesque, terrifying, and helpless form. But the imaginations of some of the world's greatest artists pale in comparison with the hellish scenes captured on film in the aftermath of the Rwandan genocide.

The links that follow will take you to some of the photographs available online. The images are, in most instances, graphic and disturbing.

French photographer Gilles Peress traveled to Rwanda soon after the genocide. A selection of his photos, including some from the interior of the cathedral in Nyarubuye, where perhaps 10,000 Tutsi were killed over the course of three days beginning on April 15, can be viewed here. A photo essay by Jens Meierhenrich showing the Nyarubuye Parish as it appears today is posted here as part of a website focused on genocide memorials in Rwanda.

Australia-born Jack Picone has a portfolio of photographs from Rwanda, many of them very disturbing, here. 

Michael S. Williamson photographed scenes at the Benaco refugee camp during the genocide. Some of his images were published recently on the Washington Post's WorldView blog here.

Finally, there is a large trove of videos, photos, survivor testimonies, and more on the website of the Genocide Archive Rwanda.

Master of Confessions

Two months ago, the appeals process ended in the case of Kaing Guek Eav, the only person to have been convicted thus far in Cambodia's special genocide tribunal, the Extraordinary Chambers in the Courts of Cambodia (ECCC). Comrade Duch, to use the defendant's more familiar nom de guerre, was the top Khmer Rouge official at S-21, the infamous makeshift prison in Phnom Penh, where, between 1975 and early 1979, over 12,000 people were held and tortured before being transported to their executions in the killing fields outside of the city. The sentence handed down by the mixed Cambodian/international tribunal in 2010 had been 30 years in prison; the appellate division changed the term to life imprisonment for the 69-year-old Duch.

Four others who bear even more responsibility for the slaughter in Cambodia, people much older and more feeble than Duch, have been indicted by the ECCC, but it is entirely possible that Duch will be the only person the court ever convicts. Of the four remaining indictees, one died on March 14, 2013, and another had her case dismissed in November 2011 when she was deemed unfit for trial due to the advance of Alzheimer's disease. The two remaining named defendants, Nuon Chea and Khieu Samphan, are 87 and 82, respectively. (There are two additional cases under investigation involving a total of five possible defendants, but their identities remain confidential at this point.)

During his trial, Duch confessed and apologized to his victims' families, many of whom crowded the visitors' galleries when he testified. At one point Duch said, "I sincerely regret to giving in to others' ideas and concepts and to accepting the criminal tasks I was asked to do. When I think about it, I am first angry at the steering committee of the party, who used all sorts of tricks to lead the country to a total and absolute tragedy. I am also angry at myself for agreeing on others' conceptions and for blindly respecting their criminal orders." Duch later angered those to whom he had apologized by asking the court to release him on the grounds that his case did not fall within the competence of the ECCC. He was not, his lawyer argued, a "senior leader" of the Khmer Rouge nor was he one of those "most responsible" for the crimes committed by the regime. The court rejected the claim.

French journalist Thierry Cruvellier has just published a book--The Master of Confessions--about the Duch trial. Farah Stockman, who met Cruvellier while both were covering the International Criminal Tribunal for Rwanda, writes about Cruvellier, his book, and genocide trials here. She notes that Cruvellier is "the world's most dedicated genocide trial junkie," having covered trials at the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia, the Special Court for Sierra Leone, and the ECCC. Everywhere, she says, Cruvellier asked these questions: "Who is this expensive international justice for? The peasant farmers who give their testimonies, only to return home to poverty and meals less delicious than what the killers eat in UN jails? Was it for the 'international community,' which needed absolution for its failure to stop the killings? Or for killers to get one last shot at forgiveness?"

Stockman concludes that, perhaps, the trials are for history--to help us understand how and why genocide occurs so we can prevent it in the future. Maybe. But trials are a slow and cumbersome way to build knowledge. I would venture to say that the trials are simply for the sake of justice. Certainly not perfect justice: too many killers--in Cambodia, Rwanda, the Balkans, Sudan, the Central African Republic, and elsewhere--escape prosecution for us to speak of justice except in the highly qualified way that humans must always speak of justice. But, justice nonetheless--as an ideal, perhaps. So that even if Kaing Guek Eav is the only person ever convicted of crimes connected to the Cambodian genocide, we can still affirm that what happened was heinously offensive and that the victims deserve  recognition.

In what kind of world would we not at least attempt to do justice?

Update: George Packer of the New Yorker has a thoughtful review of Cruvellier's book here.

War and Peacekeeping

On the same day that President Obama paid homage to Americans who died fighting in World War I on a visit to a cemetery in Belgium, I saw the monument honoring Canada's war dead that stands in front of City Hall in Toronto. The Toronto Cenotaph, modeled after a similar monument in London, was originally designed to honor only those who died in World War I. Thus, the Cenotaph bears the names of the places in Belgium and France where Canadian soldiers fought: Ypres, Somme, Passchendaele, Amiens, and others.

After World War II, however, the dates of that great conflict were engraved on the monument.  After all, Canadians fought and died in that war, too. The Cenotaph also bears the dates 1950-1953, testifying to the fact that Canadians died in the Korean War.

There are no other wars noted on the Cenotaph, but at the bottom--engraved on both sides of the base--is the word "Peacekeeping." It is a reminder that Canadians have served all over the world in peacekeeping missions and that some have died in the course of those missions--in the Golan Heights, in the Belgian Congo, in Cyprus, in Haiti, and elsewhere.

Dulce et decorum est pro pax mori.

China in Africa

It's more than just oil . . . but not much more.

Since the early 1990s when China's economic liberalization began to produce high annual GDP growth rates, Chinese foreign economic policy has tilted toward the Middle East and Africa in a bid to ensure adequate supplies of energy and other resources necessary to sustain that growth. China's courtship of Africa has been intentional and, by any economic measure (with economic being an important qualification), it has been successful.

Just a few examples are necessary to illustrate how extraordinary China's diplomatic effort to build ties with Africa has been. First, in October 2000, China hosted a ministerial meeting in Beijing to inaugurate a new organization called the Forum on China-Africa Cooperation (FOCAC). At this meeting, President Jiang Zemin announced a series of Chinese initiatives designed to aid Africa (and promote China's interests there). These initiatives included a doubling of China's development assistance to Africa, the construction--at China's expense--of a new headquarters building for the African Union, the cancellation of all African debts, the establishment of a $5 billion fund to promote African investments by Chinese firms, a doubling (to 4,000) of the number of scholarships for African students in Chinese universities, construction of 30 hospitals and 100 schools in Africa, the training of 15,000 Africans in the professions, and more. Since that initial meeting, FOCAC has held meetings at the ministerial level every three years, alternating between Beijing and an African capital. Second, between 2004 and 2006, China hosted at least 29 leaders from Africa; some who had been shunned for human rights-related reason in Washington were given red-carpet treatment in Beijing. Meanwhile, President Hu Jintao and Prime Minister Wen Jiabao between them made 15 state visits to Africa in the same period.

The results of these and other efforts can be quantified. The value of trade between China and Africa increased from $8 billion in 1997 to $106 billion in 2008. In 2009, China overtook the United States to become Africa’s largest trading partner; by 2012, trade between China and Africa reached a total value of $198.5 billion divided between approximately $85 billion in Chinese exports to Africa and just over $113 billion in African exports to China. According to China’s Ministry of Foreign Affairs, China today maintains embassies in 41 African states. (Three African states with no Chinese embassy--Burkina Faso, Sao Tome and Principe, and Swaziland--maintain diplomatic relations with Taiwan.)

To the extent that there is political and economic competition involved, China has a number of advantages over the United States and Europe in its dealings with Africa. First, as a victim itself of Western imperialism in the nineteenth and twentieth centuries, China is able to engage with former colonial states with a measure of credibility and trust that is lacking for those states that once ruled colonial empires. This is no small matter on a continent that for centuries was divided up and exploited by a handful of European states. Second, China's history and ideology give it a worldview with respect to sovereignty and human rights that more closely matches that of many African governments than the worldview of the West. Paradoxically, in its relationship with Africa, the West suffers both from the illiberal policies of the past and the liberal policies of the present. Third, China offers what to many African leaders appears to be a very attractive model of state-centered development. Thus far, Beijing has managed to achieve impressive economic gains without conceding the need for more open political processes. This is appealing to the long-time rulers of Zimbabwe, Sudan, Equatorial Guinea, and other African states. Fourth, the Chinese political system makes possible forms of investment in Africa that are generally difficult, if not impossible, for the United States and Europe to match. Specifically, China is able to tie the contracts its state-owned enterprises make with African governments to government aid packages. It is as if a U.S.-based oil company were able to promise that, upon the completion of a deal, USAID would follow with a new set of grants. Fifth, China's economic dealings in Africa are unaffected by concerns over the quality of governance. What human rights and anti-corruption advocates in the West decry as “dirty aid” or tainted contracts appears to some African leaders merely to be business as it should be--without conditions external to the matters at hand.

Much of what China gets from Africa is oil. Eighty percent of the value of African exports to China comes from oil. China imports more oil from Angola, the second-largest oil exporter in sub-Saharan Africa, than any other state. It has a significant stake in exploration and production in many other African states, and has had, in some cases, for a decade or more. Two Chinese IOCs, the China National Offshore Oil Corporation (CNOOC) and the China Petroleum and Chemical Corporation (SINOPEC), began operating in Sudan in 1995 with petroleum production beginning in 1999. Chinese companies began oil exploration in Libya in 2001, Nigeria in 2002, and Ethiopia in 2005. China began purchasing petroleum from Congo in 2000, from Equatorial Guinea in 2002, and from Gabon and Mauritania in 2004.

China's efforts to increase and diversify its sources of petroleum are essential to the maintenance of the economic growth that has so far kept the Communist Party in power by lifting millions of people out of poverty. China surpassed Germany and Japan to become the second-largest car market in the world in 2005. It is expected to have 130 million vehicles on the road by 2020, surpassing the U.S. By 2030, the number of cars and trucks in China is expected to reach 270 million. Quite apart from the urban road construction necessary to accommodate 270 million vehicles, China will require significant increases in its supply of petroleum to meet future demand.

In a world of scarcity, this might be a problem. It is not clear, however, that we are living in world of scarcity at this point. The BP Statistical Review of World Energy 2013 puts the world supply of petroleum (proved reserves) at 1.669 trillion barrels of oil--more oil than has been produced since the beginning of petroleum exploration and production. Of course, demand is accelerating, so a better indicator may be the reserves-to-production ratio. BP puts the reserves-to-production ratio (the ratio of petroleum reserves remaining at the end of the year divided by that year's rate of production) for the end of 2012 at 52.9 years. That's not a long time, but with a few new finds it may be long enough to see even China and India move away from oil consumption as the U.S. has begun to do.

Predicting Mass Atrocities

Can we predict where mass atrocities and other forms of political violence are likely to occur based on known variables such as infant mortality rates (which happen to be good indicators of state failure) or instances of hate speech on Twitter? We're getting there.

An article in today's New York Times by UN correspondent Somini Sengupta describes a number of ongoing projects that use content analysis from newspaper archives, state-level data (on, for example, defense budgets and infant mortality), social media postings, and more in an effort to predict various forms of violent conflict. Efforts to turn data into foreknowledge--or at least better risk assessment--have been funded by the U.S. intelligence community for years. The Political Instability Task Force, based in the Center for Global Policy at George Mason University, is the center of CIA-funded open-source analysis.

Choeung Ek, Cambodia

TNO's Legal Problems

Teodoro Nguema Obiang Mangue, Equatorial Guinea's second vice president (and oldest son of President Teodoro Obiang Nguema Mbasogo), was notified this week that French authorities are putting him under formal investigation for money laundering. The move is roughly the equivalent of an indictment in an American court.

France has been investigating corruption involving the leadership of three African states--Equatorial Guinea, Gabon, and Cameroon--in a case known as les biens mal acquis--"the ill-gotten gains"--since December 2010. As part of the investigation, France has seized property belonging to the younger Obiang, including a fleet of expensive cars and an estate in central Paris.

Syria: Year Four Begins

The horrendous civil war in Syria is entering its fourth year with conditions steadily worsening. The New York Times presents this snapshot of conditions in Syria:

• An estimated 150,000 people have been killed.
• The number of refugees has climbed to 2.5 million.
• Forty-two percent of Syrians have been forced out of their homes. (The majority are IDPs--internally displaced persons.)
• About 700,000 homes have been damaged or destroyed.
• Unemployment is at 50 percent.

The CBC provides another overview of the civil war in Syria here.

Borderline Insanity

Today's referendum in Crimea, conducted with Russian troops patrolling the streets, offers voters a choice between two options neither of which is acceptable to the government of Ukraine. In fact, pro-Ukraine voters appear to be boycotting the election, thus providing even greater assurance that the vote will show a strong preference for Crimea's reunification with Russia. The result, like the vote itself, will be rejected by the Ukrainian government and the governments of the United States and the European Union. This sets up the possibility that Russia will annex Crimea and the status of Crimea will fall into a form of legal limbo that persists for decades.

In 2008, Kosovo declared its independence from Serbia. Most UN member states (including the United States) recognized Kosovo's independence; Serbia, Russia, and China did not. Later in 2008, following the Russo-Georgian War, Russia recognized Abkhazia and South Ossetia as independent states; the United States (and most UN member states) did not. Of course, each of these cases differs from the Crimean case in that new states were created. The most likely outcome of events in Crimea is that Crimea will be annexed by Russia. This means that adverse impacts--sanctions, to be more specific--will be directed at Russia rather than Crimea itself. (Kosovo, Abkhazia, and South Ossetia remain outside the United Nations--and likely will remain outside the UN as long as the U.S. and Russia have vetoes in the Security Council. This stamp of illegitimacy will not apply to Crimea if it is annexed.)

Meanwhile, for those interested in thinking more about the mutability of borders, Wikipedia's list of post-World War I border changes is worth examining. There are many possible takeaways from the list--the role war plays in boundary changes, the potential for international judicial settlement to effect peaceful change in cases of border disputes, or the ongoing influence of the national self-determination norm as a maker of boundaries--but perhaps the most obvious and important point is simply that boundary changes are not terribly unusual in the modern international system.

Finally, NPR's Greg Myre asks, "What Are the Rules for Changing a Country's Borders?" Many of the commenters seem convinced that might makes right.

The Crypto-War

Here's the question: Would you rather have perfect encryption capable of ensuring that you (and everyone else who uses the Internet) can keep your movements online hidden from the government or would you prefer that the government be able to hack into the Internet accounts of traffickers and terrorists (even if that means innocent people also lose their privacy online, at least some of the time)? Put another way, to what extent are you willing to trade privacy rights for some additional increment of security? Or is that even the right way to think about the encryption issue?

BBC News security correspondent Gordon Corera provides an informative history of data encryption in a story that asks who's winning the crypto-war?

Meanwhile, Google is playing its part in the crypto-war by routinely encrypting Google searches in China, thus complicating the Chinese government's efforts to monitor or censor certain sites. The Google search engine, however, has only a small share of China's market, which is dominated by Baidu.

Universal Jurisdiction: The French Connection

A high-level intelligence official in the Rwandan government during the genocide has been convicted and sentenced to 25 years in prison for complicity in genocide and crimes against humanity. That official, Pascal Simbikangwa, is the first person to be convicted in a French court for crimes related to the Rwandan genocide. The genocide began almost 20 years ago after a plane carrying Rwandan president Juvenal Habyarimana and Burundian president Cyprien Ntayamira was shot down on April 6, 1994. An estimated 800,000 people--most of them ethnic Tutsi--were killed in only 100 days.

Simbikangwa was arrested on charges of carrying fake identification documents on the Indian Ocean island of Mayotte, an overseas department of France where he was living, in 2008. While serving a two-year sentence on that charge, he was charged in connection with the Rwandan genocide. A judicial enquiry in the case lasted four years before the trial began in early February. 

There are 25 cases linked to the Rwandan genocide--along with others in Algeria, Congo-Brazzaville, Libya, and Syria--currently being investigated by a new unit in the office of the prosecutor in Paris that was created to deal with genocide-related cases.

For more (in French) on the Simbikangwa case, go here.

Beehive Radio

In today's New York Times, Thomas Fuller profiles a 72-year-old Cambodian--Mam Sonando--who is into Lil Wayne, Eminem, and Jay Z, but not Hun Sen, Cambodia's longtime leader. (Hun Sen has led Cambodia since 1985. His Cambodian People's Party won a majority of seats in parliament last summer in an election that most believe was fraudulent.)

Mam Sonando owns and operates Beehive Radio in Phnom Penh, a station that provides a platform for his pro-democracy, anti-corruption message. It is a message that has gotten him arrested three times.

Ou Virak, the president of the Cambodian Center for Human Rights, says of Beehive Radio that "there's nothing else out there that is so critical of the government." This, no doubt, explains why the station has been repeatedly denied its requests to expand its operating range.

Getting Paid to Hack in China

Panasonic, the Japanese electronics company, has announced that it will begin providing bonus pay to its employees working in China to compensate for the risks posed by China's high levels of air pollution.

On Drones and the Law

Recently the UN Human Rights Council's Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism, Ben Emmerson, presented his third annual report. This report focuses on the use of drones in counter-terrorism operations with special emphasis on civilian casualties in drone strikes.

The report notes that while the number of drone attacks in Pakistan declined in 2013, drone strikes increased in Afghanistan and in Yemen. The decline in Pakistan came amid complaints from the Pakistani government that U.S. drone strikes were undermining its authority.

Paragraph 71 of the report lays out a series of questions regarding the legal status of drone strikes and suggests that there is "an urgent and imperative need to reach a consensus between States" on the answers to these questions. Included among the questions are these:

• Is the international law principle of self-defence confined to situations in which an armed attack has already taken place, or does it entitle a State to carry out pre-emptive military operations against a non-State armed group on the territory of another State, without the territorial State's consent, where it judges that there is an imminent risk of attack to its own interests? . . .
• Does international humanitarian law permit the targeting of persons directly participating in hostilities who are located in a non-belligerent state, and, if so, in what circumstances? . . .
• In the context of non-international armed conflict, when (and under what circumstances) does international humanitarian law impose an obligation to capture rather than kill a legitimate military target where this is feasible?

While the Special Rapporteur is no doubt correct that the international community thus far has failed to reach a consensus view on these (and other) matters, the report notes (in Paragraph 31) that on February 25, 2014, the European Parliament adopted a resolution (by a vote of 534 to 49) that concludes that "drone strikes outside a declared war by a State on the territory of another State without the consent of the latter or of the UN Security Council constitute a violation of international law and of the territorial integrity and sovereignty of that country."

The complete text of the 21-page report is available here. For the Guardian's take on the story, go here.

MQ-9 Reaper over Afghanistan (USAF Photo / Lt. Col. Leslie Pratt)

The C.I.A. Torture Cover-Up

The title of this post is the title of a New York Times editorial that says exactly what needs to be said at this point.

Senator Dianne Feinstein (D-CA), chair of the Senate Intelligence Committee, today publicly accused the CIA of what amounts to a criminal act in its efforts to impede the Committee's investigation of a program of torture ("enhanced interrogation" according to the euphemism used by the George W. Bush administration) involving terrorism suspects that was initiated in 2002. The text of Senator Feinstein's statement on the floor of the Senate is available here and a video of the speech can be seen below.

This is no small matter.