““Justice Lost! The Justice Lost! The Failure of Failure of

International International Human Rights Law Human Rights Law to Matter Where to Matter Where Needed Most”Needed Most”

((HafnerHafner-Burton, -Burton, EmilieEmilie Marie, and Kiyo Marie, and Kiyo TsutsuiTsutsui. 2007. 2007 ) )Radhika Ganesh PrabhuRadhika Ganesh PrabhuFebruary 24, 2009February 24, 2009

International OrganizationsInternational OrganizationsProfessor James VreelandProfessor James Vreeland

A Lesson in A Lesson in Commitment?Commitment?

Source: http://www.cartoonstock.com/newscartoons/cartoonists/mba/lowres/mban935l.jpg

Is seeing believing?Is seeing believing?

Source: http://www.miketodd.ca/web/archives/000816.html

REPRESSOR STATES: WHAT YOU SEE IS NOT ALWAYS WHAT YOU GET!

Key Findings of AuthorsKey Findings of Authors Governments, including repressive ones, frequently Governments, including repressive ones, frequently

make legal commitments to human rights treatiesmake legal commitments to human rights treaties

Commitments mostly have Commitments mostly have no effectsno effects on the on the world’s most terrible repressors even long into the world’s most terrible repressors even long into the futurefuture

Change does not happen on the marginsChange does not happen on the margins

Realistic institutional reforms will probably not Realistic institutional reforms will probably not help solve this problem.help solve this problem.

((HafnerHafner-Burton, -Burton, EmilieEmilie Marie, and Kiyo Marie, and Kiyo TsutsuiTsutsui. 2007. 2007 ))

Policy Implications: Policy Implications: Why should we care?Why should we care?

Is the bare minimum the litmus test Is the bare minimum the litmus test we are going for?we are going for?

Are we teaching governments they Are we teaching governments they can get their cake and eat it too?can get their cake and eat it too?

Why are so many Northern Why are so many Northern governments, concerned with governments, concerned with ratification? ratification?

Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007

Treaties they consider:Treaties they consider:

International Covenant on Civil and International Covenant on Civil and Political Rights (CCPR)Political Rights (CCPR)

International Convention Against International Convention Against Torture and Other Cruel, Inhuman, Torture and Other Cruel, Inhuman, or Degrading Treatment or or Degrading Treatment or Punishment (CAT)Punishment (CAT)

Two Models of the PaperTwo Models of the Paper

MODEL 1:MODEL 1: • Do repressors sign on as frequently as those Do repressors sign on as frequently as those

that are “reasonably protective”? that are “reasonably protective”?

MODEL 2:MODEL 2:• After a year, do the treaties make a After a year, do the treaties make a

difference for those that ratified them?difference for those that ratified them?

((HafnerHafner-Burton, -Burton, EmilieEmilie Marie, and Kiyo Marie, and Kiyo TsutsuiTsutsui. 2007. 2007))

FindingsFindings ““Repressors” commit to treaties as do “protectors”Repressors” commit to treaties as do “protectors”

Repressors certainly aren’t afraid to ratify. Repressors certainly aren’t afraid to ratify.

Commitment, but no follow through. Commitment, but no follow through.

““Democratic” repressors - is that an oxymoronDemocratic” repressors - is that an oxymoron? ? YES!YES!

What will happen in a decade and a half? If you are a repressor state, pretty much nothing.

What happens when you make a deeper commitment to human rights treaty law, (ratifying the CCPR Optional Protocol)?

Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007))

StrengthsStrengths

Provides a comprehensive overview Provides a comprehensive overview of literature that supports the pros of literature that supports the pros and the cons of the HR regime.and the cons of the HR regime.

Addresses real world applicabilityAddresses real world applicability Provides robust statistical evidenceProvides robust statistical evidence

WeaknessesWeaknesses

• CAT and CCPR are not the only treaties…CAT and CCPR are not the only treaties…• ““Don’t get married” adviceDon’t get married” advice• Reform is not the only end goal of the Reform is not the only end goal of the

treatiestreaties• No counterfactualNo counterfactual

• Indirect effects (Bashir and the ICC)Indirect effects (Bashir and the ICC)

• Do not define protectors as strictly as do Do not define protectors as strictly as do repressorsrepressors

Realism vs. Realism vs. ConstructivismConstructivism

““Constructivism fails”Constructivism fails” Treaties do not reform the countriesTreaties do not reform the countries Socialization is how people claim reform takes Socialization is how people claim reform takes

place only there is no evidence to show place only there is no evidence to show socialization works!socialization works!

Repression pays so leaders continue doing it!Repression pays so leaders continue doing it! Why does the North push for the “legal Why does the North push for the “legal

regime”?regime”? Norms or Power?Norms or Power?

This is an open ended question that the authors do not This is an open ended question that the authors do not answer (perhaps to entice us to read their next article!) answer (perhaps to entice us to read their next article!)

Hafner-Burton, Emilie Marie, and Kiyo Tsutsui. 2007))