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Chapter 1 presents the main argument of Escaping Justice. Accounting for the demand for norm compliance and the domestic risks inherent in norm adoption, this chapter elaborates the ways in which governments strategically adapt transitional justice to advance state impunity. In making this argument I identify a growing global norm of accountability for human rights violations putting pressure on governments to hold perpetrators of wrongdoings to account. Adhering to international norms can carry domestic risks, particularly in cases where governments are culpable for wrongdoings. In responding to the risks of accountability, governments strategically adapt transitional justice to comply with international norms. I identify three strategies that governments use to advance impunity while seemingly complying with international norms, namely coercion, containment, and concession. These strategies are selected based on a government’s ability to control its norm response. The chapter closes with a discussion of the research methodology of the book and ethical considerations.
Post-genocide Rwanda serves as a case of strong institutional control in which the government engages transitional justice through a strategy of coercion. In this chapter I explore the Rwandan government’s response to international pressure for accountability. To advance government impunity, the government adopts a strategy of coercion, wherein a new transitional justice institution, gacaca, is implemented but subsequently monitored and controlled to advance state impunity and consolidate RPF control. The chapter begins with an overview of armed conflict in Rwanda with particular attention on the complexities of the violence experienced by individuals during the civil war, genocide, and at the hands of the RPF. I then discuss the government’s strategic adaptation of transitional justice to identify and evaluate the coercive strategy in which claims for government accountability are monitored and controlled. I explore the strategy of coercion in practice through an in-depth analysis of gacaca, which has aggressively pursued crimes of genocide while ignoring RPF abuses. To explore the coercion strategy beyond the case of Rwanda, I examine transitional justice in Burundi.
Northern Ireland typifies a highly constrained government. In this case, institutional constraints on the British government lead to a strategy of concession in which transition justice is offered to appease the demands of strong domestic constituencies without a genuine attempt to reckon with past wrongdoings by the British state. By engaging transitional justice for some emblematic cases and not others, the government further propagates the sectarian divisions that legitimate British control. The chapter begins with a discussion of the conflict in Northern Ireland and outlines the wrongdoings committed by the British state. I then evaluate the concessionary strategy that accommodates only certain demands for state accountability. Next is an evaluation of that strategy in practice through a focus on public inquiries and the Historical Enquiries Team. These mechanisms showcase the way certain events and experiences have been thoroughly investigated and adjudicated while other incidents have been obstructed or ignored. To explore the strategy beyond Northern Ireland, I examine transitional justice in the Central African Republic.
Uganda is a case of midrange institutional control in which transitional justice has been subsumed within existing state institutions through a strategy of containment. In this chapter I present the Ugandan government’s strategy wherein transitional justice is enmeshed within existing structures of power, which allows the government to monitor and control the risks of norm compliance. The chapter begins with a discussion of the history of armed conflict in Uganda, particularly the war against the Lord’s Resistance Army and the government’s abuse of Acholi civilians. I then examine the government’s adaptation of transitional justice to identify and evaluate the containment strategy in which the risks of accountability are managed by integrating transitional justice into government institutions controlled through patronage, functionally rendering impunity for the state. I explore the containment strategy through three components of transitional justice in Uganda: International Crimes Division, state-regulated customary justice practices, and the National Transitional Justice Policy. To explore the strategy beyond the case of Uganda, I examine transitional justice in Côte d’Ivoire.
In this introductory chapter I present the core tension in the study of transitional justice: the frequent failure of transitional justice to bring justice to victims of state violence. I question how governments escape justice in the age of accountability. The strategies through which a government adapts transitional justice to manage potentially risky demands for accountability have implications for who is held responsible for the atrocities of the past, a central factor for political order itself. This chapter engages the literature on norm compliance to situate my theory of strategic adaptation.
The findings of this book offer suggestions for future research as well as new directions for advocacy. The concluding chapter of the book presents a research agenda for understanding the strategic adaptation of international norms. The chapter also suggests policy prescriptions for those committed to advancing the accountability of states and holding government perpetrators of violence accountable for their actions.
Affordable access to quality health and care is generally recognised as a basic human need and one of the grand challenges society currently faces, especially in the wake of the COVID-19 pandemic. Unfortunately, the focus on public health is driving a predominantly human-centric approach to One Health initiatives. Furthermore, the concerted reliance on innovation and technology-driven solutions may exacerbate the problem. Without the appropriate legal and policy framework to incentivise and capture the social value of research and innovation, there is a risk the resulting solutions will fail to achieve the balance between animal, environment, and human health. This chapter presents a legally supported approach, informed by the intellectual property framework and the policy objectives of Responsible Research and Innovation (RRI) and Value-Based Health and Care (VBHC) principles, to support the implementation of a true One Health framework. This enables the development of legal tools that will give credibility, legitimacy, and accountability to the design, development, and implementation of a sustainable One Health framework through meaningful and inclusive societal engagement.
This paper examines how the distance between a country’s official language and the languages spoken by its citizens influences accountability. Two arguments support this relationship: first, the role of language as a tool for communication between elites and citizens; and second, its role in shaping cultural patterns that underpin social interactions. Using a dataset of 147 countries, we reveal a consistent negative correlation between linguistic distance and levels of accountability across all measures. Higher educational attainment can mitigate the negative impact of a foreign official language on accountability.
To propose nutrition-related corporate reporting metrics for Australian packaged food manufacturers, retailers and quick service restaurants, and explore their feasibility of implementation.
Design:
Proposed metrics were developed based on: 1) a review of current corporate reporting frameworks and relevant literature to collate nutrition-related recommendations, metrics and principles of best practice reporting; and 2) adaptation of existing recommendations into reporting metrics. Interviews with representatives from 15 food companies were conducted to understand implementation considerations.
Setting:
Australia
Results:
There are a wide range of existing globally-applicable nutrition-related recommendations and reporting metrics for food companies. Based on nine key principles identified for best practice corporate reporting on nutrition, we devised 41 reporting metrics (including five flagged as priorities) tailored to food companies operating in Australia across five focus areas: ‘corporate strategy and governance’, ‘product formulation’, ‘nutrition labelling and information’, ‘promotion practices’, and ‘product accessibility and affordability’. Company representatives expressed support for the proposed metrics, noting that additional information technology infrastructure and resources would be required for their routine reporting by companies.
Conclusions:
The proposed set of reporting metrics offer evidence-based guidance for disclosure of nutrition-related actions by Australian food companies. The proposed metrics can inform government, public health groups and investors on best practice approaches to monitor corporate nutrition practices, and guide related policy decisions. Widespread implementation of the reporting metrics would be facilitated by integration with mandatory corporate sustainability reporting standards, with routine monitoring and enforcement by government, coupled with fit-for-purpose tools for comparing the healthiness of company product portfolios.
Now more than ever the international community plays a central role in pressing governments to hold their own to account. Despite pressure to adhere to global human rights norms, governments continue to benefit from impunity for their past crimes. In an age of accountability, how do states continue to escape justice? This book presents a theory of strategic adaptation which explains the conditions under which governments adopt transitional justice without a genuine commitment to holding state forces to account. Cyanne E. Loyle develops this theory through in-depth fieldwork from Rwanda, Uganda, and Northern Ireland conducted over the last ten years. Research in each of these cases reveals a unique strategy of adaption: coercion, containment, and concession. Using evidence from these cases, Loyle traces the conditions under which a government pursues its chosen strategies and the resulting transitional justice outcomes. This title is also available as Open Access on Cambridge Core.
International criminal law constitutes the culmination of the ‘anti-impunity agenda’ within international law, policy, and practice. This agenda, often advanced under the rallying cry of ‘never again’ – a pledge to never let atrocities like those of the Second World War happen again to anyone – is driven by the conviction that criminal sanctions are essential for fulfilling this promise and conveying collective condemnation of such horrors. This results in what we term the ‘penal accountability paradigm’ in relation to atrocities: positioning punishment at the forefront of the prevention of, and justice and accountability for, atrocities. This paper examines some of the damaging implications of this paradigm within and beyond international criminal law, particularly its distorting effects on responses to ongoing atrocities in Palestine. We suggest that, in the context of these ongoing atrocities, the framing of punishment as justice harms the ‘never again’ promise in several important ways: (i) it gives states the (undue) benefit of the doubt; (ii) it decontextualizes, individualizes, and exceptionalizes atrocities; (iii) it monopolizes discourses of accountability and condemnation, while sanitizing the suppression of dissenting voices; and (iv) it lends support to retaliatory impulses, distorting the discourse around the legitimate or lawful use of force in response to atrocities. We conclude by outlining the need to turn to more diverse and materially informed words, tools, and paradigms for naming, preventing, and standing in solidarity against abuses, in Palestine and elsewhere, that go beyond penal responses and directly engage with broader political and ethical conceptions of justice.
Sceptics charge that ordinary citizens are not competent enough to sustain democracy. We challenge this assessment on empirical and theoretical grounds. Theoretically, we provide a new typology for assessing citizen competence. We distinguish the democratic values of reliability, accountability, and inclusive equality, mapping the different competencies implied by each. Empirically, we show that recent research, focused primarily on Americans but with some analogues in other regions, significantly undercuts common worries about citizen competence. We then delineate a solutions-oriented, theoretically-informed approach to studying citizen competence, one which would focus more on systemic rather than individual-level interventions.
In contemporary healthcare services, managers are required to create and support environments that are complex in nature and are subject to competing forces that place significant demands on both the system and individuals contributing to productivity. Often, people assume that being held to account is something negative that usually happens only when things go wrong. However, accountability can be viewed as something that can be utilised to ensure success. Holding to account can be difficult if the perceptions and expectations of management and staff differ. We cannot assume that people share the same understanding of what they are accountable for, or the standards expected of them, unless they are made explicit and clear.
International organisations (IOs) hold important governance functions and power. Yet, they are several steps detached from the constituencies that have entrusted them with functions and resources to carry them out, even as accountability expectations remain significant for their legitimacy. This article presents a broadly generalisable theoretical framework for understanding the variable accountability of IOs, seeking to advance the understanding of international accountability in three new ways. First, it elaborates on the concept of the scope of IO accountability, which can vary across organisations, over time, and across contexts. The idea of a scope of accountability moves beyond the dichotomy of accountable versus non-accountable power holders and advances an understanding of accountability as a multi-layered phenomenon, whereby both the expectations and practices of accountability can evolve over time and with respect to different audiences. Second, the article identifies three political factors – namely the formal and informal excercise of power, institutional structure, and public salience – that can shape, in important ways, the variable scope of IO accountability. Finally, it critically explores the tensions and contradictions between these political dynamics, and the implications for access to and the efficacy of accountability systems.
This introduction to the book begins with a narrative of the prevalence of gun violence in the United States and the trafficking of gun violence into Mexico and Latin America. It canvasses the current statistics of gun-related murders, suicides, mass shootings, and school shootings compiled by the CDC, the Pew Research Institute, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Giffords Center, and other agencies collecting gun violence data. The introduction sets forth the themes of the book, including locating the landscape of firearms litigation in the history of mass tort litigation, the ineffectiveness of various gun regulatory initiatives, the historical immunity of the firearms industry from liability for gun harms, and the recent inroads on the ability to sue firearms defendants through the enactment of targeted consumer protection and public nuisance firearms accountability statutes. The introduction suggests the argument that the 1998 Tobacco Master Settlement Agreement demonstrated that impervious, dangerous product industries could finally be held accountable, and that the Sandy Hook Elementary School litigation marked a pivotal point in opening a pathway toward suing the firearms industry and holding it accountable for gun harms.
Most research on education governance begin with the premise that school boards are the natural default and that locally elected school boards must be defended. This chapter demonstrates why this assumption is wrong. I show that: (1) most voters don’t have school-aged kids and thus lack sufficient “skin in the game” to prioritize academic achievement; (2) voters don’t hold school board members accountable for student learning; and (3) local school board elections are uncompetitive, with nearly 80 percent of the turnover driven by incumbent retirements rather than Election Day defeats. Several case studies, focused on school districts in San Francisco (California) and Easta Ramapo (New York) illustrate why broken elections have negative impacts on education quality. At best, school board elections are extremely low-turnout affairs, in which a small and highly unrepresentative group of adults impose their parochial, self-interested, and often uninformed views on the rest of the community. At its worst, school district governance devolves into an absolute clown show, where performative politics takes precedence over serious policy meant to serve the academic interests of students.
The rise in the use of AI in most key areas of business, from sales to compliance to financial analysis, means that even the highest levels of corporate governance will be impacted, and that corporate leaders are duty-bound to manage both the responsible development and the legal and ethical use of AI. This transformation will directly impact the legal and ethical duties and best practices of those tasked with setting the ‘tone at the top’ and who are accountable for the firm’s success. Directors and officers will have to ask themselves to what extent should, or must, AI tools be used in both strategic business decision-making, as well as monitoring processes. Here we look at a number of issues that we believe are going to arise due to the greater use of generative AI. We consider what top management should be doing to ensure that all such AI tools used by the firm are safe and fit for purpose, especially considering avoidance of potential negative externalities. In the end, due to the challenges of AI use, the human component of top corporate decision-making will be put to the test, to prudentially thread the needle of AI use and to ensure the technology serves corporations and their human stakeholders instead of the other way around.
It is natural to see in the Republic’s concern with self-mastery a Platonic account of autonomy. But Plato’s understanding of self-rule in the Republic has more to do with cognition, and rather less to do with independent agency. Indeed, in the ethically motivated epistemology of the Republic, it is aiming at ideal knowledge that transforms one ethically and engenders many of the features centrally associated with the notion of ‘autonomy’. Being able to explain reality independently makes one independent of the illusions and confusions caused by pleasure, pains, and public pressures, and even restructures the desires, pleasures and other affects liable to arise. Moreover, the ability to give accounts is what makes us accountable to one another for our cognitive condition — and for the judgements, feelings and actions based on this.
This article proposes the creation of constituency juries to enhance accountability and check oligarchy in representative governments. Constituency juries would be made up of randomly selected citizens from an electoral constituency who exercise oversight over that constituency’s elected representative. Elected representatives would be required to give a regular account of their actions to the constituency jury, and the jury would have the power to sanction the representative. In addition to this general model of constituency juries, I offer a more specific institutional design that shows how the general model can be operationalized and realistically incorporated into existing representative governments. In contrast to lottocratic proposals that replace elections with sortition, constituency juries are a promising way to combine the two to address the oligarchic tendencies of elections in representative government.
This study examines how to counter the legalization of proceeds from illicit drug trafficking in the context of Kazakhstan’s digitalizing economy. It analyses industry reports and applies Walker’s gravity formula and a related conceptual model. Such proceeds account for 2 to 5% of annual gross domestic profit globally, highlighting a serious economic issue. In Kazakhstan, this problem is intensified by the country’s location on major drug trafficking routes and insufficient alignment of its financial sector with international standards for monitoring financial transactions. The risks are worsened by the anonymity and speed of digital tools, which hinder the detection and blocking of suspicious activity. Criminals exploit digital technologies – such as debit cards, peer-to-peer platforms and privacy coins – to launder illicit funds. To combat this, the study recommends using big-data analytics to detect risks, machine learning to respond to them, international cooperation to establish transaction standards, and continuous monitoring to ensure compliance. Implementing these measures will require multi-sectoral reforms and coordinated efforts across public administration.