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Ms. Rees explores the business of sex trafficking in Eastern Europe particularly from the standpoint of her own personal experience. She explains, from her many years in Bosnia, the tragedies of the business, as well as the failures in attempts to stop it. In addition, Ms. Rees looks forward and argues how she feels the problem should be tackled in the future.

Synopsis

Ms. Rees sets the tone for her talk from the start by stating that while our interventions are a response to the phenomenon of sex trafficking, the phenomenon develops as a result of our interventions. Offering a simplified definition, she explains that the sex trafficking business consists of three main stages: recruitment, transfer, and exploitation. Mr. Rees continues by arguing that although there are many different perceptions of trafficking, focusing on only one of them, such as purely the prostitution aspect or solely the migration factor, will lead to eventual failure.

Placing strong emphasis on the fact that sex trafficking is a free market affair and therefore must be treated as such, Mr. Rees begins her focus on the business in Eastern Europe from the perspective of the dire economic situation in post-Soviet states. Discussing primarily her personal experience in Bosnia in the midst of the Balkans conflict, she explains the situation was one where organized criminal activity was for survival. In addition, Ms. Rees reveals that the status of the region both during and after the conflict was perfect for sex trafficking. There were almost no border checks, the 60, 000 peacekeepers provided a large and convenient market, and the police were easily corruptible. Ms. Rees explains that this messy situation lasted until 1999-2000 when the international community finally realized the seriousness of the problem at hand.

Resulting from the stabilization of the region and increased international attention, the crime of sex trafficking and its response was becoming increasingly sophisticated. However, Ms. Rees explains the role of the UN consisted of, in large part, offering clients and doing little to punish their conduct. She also expresses discontent at the UN program of bar raids which shifted the business underground, making it much harder to track. Similarly, Ms. Rees examines the efforts the International Organization for Migration and her concern with the tactics of coercive testimony. Ms. Rees also focuses on the period after 2003, once the UN peacekeepers had left, where the market had shrunk and the business was legitimizing. As women were starting to make money, the law enforcement approach was becoming increasingly messy, and Ms. Rees examines the certain merits of shelters and legal advice for the female victims.

Ms Rees concludes on a more somber note, exposing her belief that Bosnia was a failure in attempts to stop sex trafficking. She emphasizes that it was a failure with considerable economic ramifications. Finally, Mr. Rees finishes by arguing that current approaches do not listen enough to the subjects of the crime, the women. These are who we must base our efforts around.

Ms. Rees also kindly takes the time answer the audience’s various questions, raising a multitude of issues. She explains the inaccuracy and impossibility of estimating the numbers of the sex trafficking industry. Ms. Rees also explores the issues of HIV and pregnancies, as well as immunity for foreign workers such as the UN peacekeepers. Another key point raised was the potential effectiveness of prosecuting clients of the sex trafficking business.

Sponsored jointly by the Forum on Contemporary Europe, Center for Russian, East European and Eurasian Studies, Stanford Law School, and Michelle R. Clayman Institute for Gender Research.

This keynote speech kicks off the Trafficking of Women in Post-Communist Europe conference April 18.

Bechtel Conference Center

Madeleine Rees Head of the Women's Rights and Gender Unit, Office of the United Nations High Commissioner for Human Rights Speaker
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Please join us on Thursday, November 1 for the launch of the Stanford China Program, a new program of the Walter H. Shorenstein Asia-Pacific Research Center (Shorenstein APARC). With China at the forefront of so many contemporary issues, from economic growth to international security, scholars at Shorenstein APARC have developed the China Program in response to the increasing need to explore and explain dynamic changes taking place in China today. The Stanford China Program is composed of scholars who do their research on the ground, in the villages, company boardrooms and government institutions of China.

Our inaugural event, co-sponsored with the Center for East Asian Studies, illustrates the catalytic role that the Stanford China Program intends to play. The panel discussion "Growing Pains: Tensions and Opportunity in China's Transformation" will go beyond the headlines trumpeting China's spectacular growth. We will discuss the difficult questions facing China, about whether and how such a rapidly transforming nation will be able to manage the tensions that accompany growth at such a pace. Issues from growing income disparity to environmental damage and widening gaps between rural and urban China are forces that are tearing at the social fabric of China. Are these the signs of a system in crisis or, as the event title suggests, the necessary pains associated with growth?

These questions occupy not only scholars, but also policy makers and business leaders alike. The panelists will discuss a range of tensions and opportunities in contemporary China such as markets, governance, environment and social inequality. The panelists include:

  • Melanie Manion, Professor of Public Affairs and Political Science at the University of Wisconsin-Madison, a specialist on issues of political governance in China.
  • Leonardo Ortolano, UPS Foundation Professor of Civil Engineering in Urban and Regional Planning at Stanford, who will speak on environmental issues.
  • Scott Rozelle, FSI Helen F. Farnsworth Senior Fellow at Shorenstein APARC and a leading expert on rural China.
  • Andrew G. Walder, Denise O'Leary and Kent Thiry Professor of Sociology at Stanford and Director Emeritus of Shorenstein APARC will moderate the panel discussion.

The event is scheduled to take place from 5:30 - 7:00 PM, Thursday November 1 in the Bechtel Conference Center, Encina Hall, 616 Serra Street. A light reception will follow the panel discussion. Full details can be found at the link below.

I look forward to welcoming you to this inaugural event and to future activities of the Stanford China Program at Shorenstein APARC.

Sincerely,

Jean C. Oi
William Haas Professor in Chinese Politics
Professor of Political Science
Senior Fellow, Freeman Spogli Institute for International Studies
Director, Stanford China Program

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Unarmed mass uprisings, celebrated as "people power" revolutions, have ended authoritarian regimes in various countries. But have these movements ushered in polities that fulfilled democratic expectations? The record is disappointing, and especially so in the Philippines after the ouster of President Ferdinand Marcos. Why? Much of the answer lies in the ability of elites to ride, hijack, and redirect the trajectories of "people power" movements. Such elites take advantage of the tension between the regular politics of stable institutions and the irregular politics of extraordinary moments. The large mobilizations associated with "people power" cannot be sustained for long periods. The masses will soon delegate power to, and rely on, their leaders, who will represent them as the polity settles down to the business of normal--institutional--politics. The very minute the new regime is inaugurated, it ceases to be revolutionary and starts to be conservative. It has a country to run, and state power to defend and consolidate, for its enemies are not likely to have given up. The institutional technology of popular rule has yet to be developed beyond grand first principles and banal motherhood statements. The supposedly revolutionary leaders of the new regime lapse into using the already well known methods of minority or elite rule. But recourse to such stratagems may in time trigger the formation of new "people power" movements against these self-entrenched incumbents--prolonging the cycle and preventing the conversion of contingent power into legitimate authority.

Amado Mendoza's current research is on the political economy of organized crime and anti-state violence in the Philippines. His many writings on that country include a book-in-progress on tax reform and two edited volumes, Debts of Dishonor (1992) and From Crisis to Crisis: A History of BOP [Balance of Payments] Crises in the Philippines (1987). He has been a visiting scholar at Tufts University, the Jean Monnet Institute, the University of Turku (Finland), and the Amsterdam Insti¬tute for International Relations. In addition to pursuing his academic career, he has worked as a business journalist, a merchant banker, a stockbroker, and on development issues for an NGO.

Daniel and Nancy Okimoto Conference Room

Amado M. Mendoza, Jr Associate Professor in Political Science and International Studies Speaker University of the Philippines
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British tradition and the American Constitution guarantee trial by jury for serious crime.1 But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways.

First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence.

Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, juries may be sympathetic to those engaged in violence and may acquit the guilty. Alternatively, following a terrorist attack, juries may be biased. They may identify with the victims, or they may, consciously or unconsciously, seek to return a verdict that conforms to community sentiment. Jurors also may worry about becoming victims of future attacks.

Third, the presence of jurors may limit the type of information provided by the state. Where national security matters are involved, the government may not want to give ordinary citizens insight into the world of intelligence. Where deeply divisive political violence has been an issue for decades, the state may be concerned about the potential of jurors providing information to terrorist organizations.

These risks are not limited to the terrorist realm. Criminal syndicates, for instance, may try to intimidate juries into returning a verdict of not guilty, and public outrage often accompanies particularly heinous crimes. But the very reason why these other contexts give rise to a similar phenomenon is because terrorist crimes have certain characteristics-characteristics that may be reflected in other forms of crime, but which are, in many ways, at the heart of what it means for an act to be terrorist in nature: terrorist organizations are created precisely to coerce a population, or specific individuals, to accede to the group's demands. The challenge is political in nature, and the method of attack is chosen for maximum publicity. Terrorist organizations, moreover, can and often do use information about the state to guide their operations. It is in part because of these risks that the United Kingdom and United States have changed the rules governing terrorist trials-at times eliminating juries altogether.

This Article reflects on the relationship between terrorism and jury trial and explores the extent to which the three dangers identified can be mitigated within the criminal-trial framework.2 It does not provide a comprehensive analysis of the rich case law and literature that address jury trial-one of the most studied legal institutions on both sides of the Atlantic. Instead, its aim is more modest: The text weighs the advantages and disadvantages of suspending juries specifically for terrorism. Here, the United Kingdom's experiences prove illustrative. The Article considers the extent to which similar concerns bear on the U.S. domestic realm, and the decision to try Guantánamo Bay detainees by military tribunal. It suggests that the arguments for suspending juries in Northern Ireland are more persuasive than for taking similar steps in Great Britain or the United States.

This Article then considers ways to address concerns raised by terrorism that stop short of suspending juries. Juror selection, constraints placed on jurors, and the conduct of the trial itself provide the focus. Of these, emphasis on juror selection, although not unproblematic, proves most promising. Again, distinctions need to be drawn between the United Kingdom and the United States. In the former, for instance, occupational bars to jury service could be lowered, while in the latter, increased emphasis on change in venue may prove particularly effective. Changes in the second category, constraints on jurors, may be the most damaging to the states' counterterrorist programs. Finally, while changes in the trial process may help to address risks, they also may prove contentious and be prone to seeping into the criminal realm. The Article concludes by questioning whether and to what extent such alterations could be insulated from the prosecution of non-terrorist criminal offenses.

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The Pinochet Case

Patricio Guzman's The Pinochet Case investigates the legal origins of the case against Augusto Pinochet, the general who overthrew President Salvador Allende of Chile in 1973. This documentary follows the legal cases that ultimately led to Pinochet being arrested and tried for his crimes against humanity committed over the 25 years that he ruled Chile.

Carlos Castresana received his law degree in 1979 from Complutense University, Madrid, Spain. He served as a District and Examine Judge, and Court Magistrate for a number of years, before becoming a member of the Public Prosecutors of Spain, where he worked in the Anti-drug and Anti-corruption Special Offices. In 2005, he was appointed Prosecutor of the Supreme Court. He was also a professor of criminal law at the University Carlos III, Madrid.

Mr. Castresana authored the formal complaint and subsequent reports in the Pinochet Case before the Audiencia Nacional in Spain. He has served as an expert in international legal cooperation and other issues in Europe and Latin America, under appointment of the United Nations, European Union, and Council of Europe. He received the Human Rights National Award in Spain in 1997, was awarded the Doctorate Honoris causa from the Guadalajara University, Mexico in 2003, and the Certificate of Honor from the City and County of San Francisco in 2004. Mr. Castresana teaches courses on human rights in Latin America and international criminal law and is coordinator of Project H32, in the United Nation's Office of Narcotics and Crime in Monterrey, Mexico.

Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.

Stanford Film Lab
Margaret Jacks Hall, Lower Level
Stanford University
Stanford, CA 94305

Carlos Castresana Coordinator of Project H32 Speaker the United Nations' Office of Narcotics and Crime
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Motoo Noguchi is a professor at UNAFEI (United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders) in Tokyo, serving concurrently as senior attorney at the Ministry of Foreign Affairs, International Legal Affairs Bureau.

He started his career as public prosecutor at the Ministry of Justice in 1985 and has accumulated considerable experience in criminal investigations and trials. He also has long experience in the provision of legal technical assistance for developing countries in Asia including Cambodia, firstly as professor at the Research and Training Institute of the Ministry of Justice, then as counsel at the Asian Development Bank, and currently as professor at UNAFEI. Noguchi was appointed in May 2006 to be one of three international judges of the Appeals Chamber of the Khmer Rouge Trials by the government of Cambodia. The trial will bring to justice members of the Khmer Rouge government accused of massacres in the 1970s. The United Nations created the tribunal in 2003 to try former Khmer Rouge Leaders.

Motoo Noguchi is a Graduate of University of Tokyo, Faculty of Law. He was a visiting scholar at University of Washington, Law School, USA from 1992-93 and a visiting professional at the International Criminal Court in The Hague, Netherlands in 2005. He was a visiting fellow at Yale last fall and will be a visiting scholar at Stanford Law School during his stay at Stanford in January.

Encina Ground Floor Conference Room

Motoo Noguchi International Judge Speaker UN/Cambodian Trials of Khmer Rouge in Cambodia
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Ambassador Eva Nowotny is the official representative of the Republic of Austria in the United States and is responsible for all aspects of the relationship between the two countries. On December 04, 2003 she presented her credentials to President George W. Bush at the White House. She is also Permanent Representative of the Observer Mission of Austria to the Organization of American States (OAS) and Ambassador to the Commonwealth of the Bahamas.

Cosponsored by the Consulate General of Austria, Los Angeles http://www.austria.org

 

Audio Synopsis:

In this presentation, Ambassador Nowotny offers her thoughts on Austria's recent six month presidency of the European Union, which she points out has fostered an increase in positive attitudes toward the EU on behalf of Austrian citizens. While 2005 was a difficult year for the EU in light of the French and Dutch rejections of the latest treaty and disagreement about enlargement policy especially with respect to Turkey, the Austrian presidency has "reestablished a cooperative climate" and a degree of optimism to the European Union. Several unexpected events early in Austria's presidency presented challenges, including Russia's decision to stop the flow of Gazprom gas to Ukraine, the Maoist uprising in Nepal, and Iran's declaration that it would continue developing nuclear weapons. Austria used these challenges as an opportunity to reinvigorate discussion of foreign policy and negotiate a coherent EU response to international conflicts. 

The ambassador then highlights key issues dominating Austria's presidency. These include the debate over the future of Europe, centering on the constitutional treaty and enlargement; the internal development of the European project, especially fostering economic competitiveness and addressing crime and terrorism; and the role of Europe in the world, where Austria has contributed strongly by helping to resolve conflicts like those in the Balkans, and helping to develop Europe's "neighborhood policy." 

Finally, Ambassador Nowotny emphasizes the importance of the transatlantic relationship, which she feels the US and Europe attach equal weight to. Key areas of cooperation in years to come will include resolving international conflicts and dealing with crises, fostering the transatlantic economic partnership, improving international governance structures, and combatting terrorism.

A discussion session following the presentation raised such questions as: Where are there differences between the interests of Austria and of the European Union? In a post-9/11 world, do we have the institutional structure necessary to deal with new issues such as terrorism, and can we rely on those left over from WWII (NATO, OSCE, etc.)? Does Austria approach Southern and Eastern European countries as one group or does it prefer to deal with them individually?

CISAC Conference Room

Eva Nowotny Austrian Ambassador to the United States Speaker
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ABSTRACT:

While the refugee protection system is one of international law's most recognizable features, it routinely places massive numbers of refugees in camps in the developing world, where they face chronic threats to their physical security from crime and disorder, physical coercion, and military attacks. Yet key actors responsible for refugee protection, including host states, advanced industrialized countries, and the United Nations High Commissioner for Refugees (UNHCR), have failed to prioritize refugee security.

This article asks: (1) Why? (2) What have been the consequences? and (3) What do these answers reveal about how organizations carry out legal mandates in complicated political environments?

Conventional wisdom holds that security only recently became a major problem in the refugee protection system; that UNHCR's role in enhancing refugees' physical security is limited by the agency's legal mandate and practical constraints; and that problems of violence and physical security are largely episodic concerns affecting small numbers in discrete refugee populations. Drawing on historical documents, interviews, data on budgets and performance measures, and legal doctrine, I show this conventional wisdom to be wrong. Only some of the problems associated with the current system can be explained by international geopolitics or by legal compromises reflected in refugee law.Instead, that system's brutal realities also reflect bureaucratic dynamics, political pressures, and legal interpretations shaping the discretionary choices of UNHCR and its nongovernmental organization partners. I develop the argument by tracing the remarkable history of UNHCR as it transformed itself from a refugee advocacy organization with a limited mandate into a modern relief agency.

This evolution helps explain the persistence of security problems and sheds light on the challenges of implementing ambitious legal mandates under uncertainty, particularly when the organizations doing so operate in complex political environments.

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Georgetown Journal of International Law
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Co-Sponsored with the Department of History and the Taube Center for Jewish Studies

Richard Evans is a Professor of Modern History at the University of Cambridge, with a particular research interest in the social and cultural history of Germany since the mid-nineteenth century. He has worked on movements of emancipation and liberation, on social inequality in the urban environment, and on the social history of death and disease. Most recently, Professor Evans has worked on crime and punishment, especially the death penalty in German history since the seventeenth century, where he has used archival evidence to bring a social and anthropological approach to bear on major theories of punishment and society. Additionally, Professor Evans holds an interest in historiography and the history of the discipline of history. He has been Editor of the Journal of Contemporary History since 1998 and is a Fellow of the British Academy, the Royal Society of Literature and the Royal Historical Society, and an Honorary Fellow of Jesus College, Oxford, and Birkbeck College, London. His most recent publications include Telling Lies About Hitler: History, the Holocaust and the David Irving Trial (London, 2002), and The Coming of the Third Reich (London, 2003).

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Stanford University
Stanford, CA 94305

Richard Evans Professor of Modern History Speaker University of Cambridge
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