Tag Archives: international law

How to Follow the News: 10 Rules of Thumb

After following the news for many years and thinking about world events, I’ve been able to observe some things about news gathering. I’m an advocate of reasoned and dispassionate analysis based on information, but it can be hard to be impartial when so much of the news today is biased one way or another.  However, I don’t believe that reasoned thinking about international events is incompatible with advocacy.   The strongest and most defensible points of view are those that are supported with evidence and with thoughtful and informed reasoning.  Sometimes, though, it’s hard to be informed when the media obscures the truth.  The rise of the internet has not made it any easier.  In fact, speculation and accusations are given even a wider audience when things go viral.  So, here is some advice, feel free to take it or leave it, and try to keep an open mind.

  1. There are angels and devils on both sides, but this doesn’t mean the claims and arguments of both sides are morally equivalent.

In the aftermath of rage over the killing of 3 Israeli teens, many Israelis protected Arabs attacked by crowds on public transit.  Many Palestinians have worked inside and outside Israel for peace and understanding between the two sides.   Ordinary people on both sides want the same things everyone wants:  a chance to live peacefully, make a living, and enjoy some freedom.  Nevertheless, the costs of the long conflict have not been borne by both sides equally, and this reflects the large power imbalance between the two sides. This imbalance should be a factor when deciding one’s view.   Here is an analysis that puts this conflict in context, and considers the ethical arguments.  Here is another.

2. Real life events are [almost] always more complicated than they seem.

Folly, lack of foresight, incompetence and brutality can produce unexpected outcomes for all sides.   Indeed, the last few months have seen an unprecedented array of crises emerging in a variety of global locales.  In a highly competitive market, so-called ‘hard reporting’ has been replaced with shallowness at best, and inflammatory styles of reporting at worst  One consequence is that there are few able to offer a strategic analysis of a event.   One must often wait, or dig deeper, to get a better understanding of the big picture.  Try to find out about what happened in the immediate weeks prior to the event, or read about the country and regions involved to get a sense of the context.

3. People and systems are distinct things.

Individuals, whether in a leadership position or not, develop cognitive frames over the course of their lives to understand the world and their position in it.  Both people and systems will actively protect those frames, but systems take much longer to change course, partly because they are supported by longer generational memories. Systems are more permanent, and every system demands allegiance, but be careful not to identify individuals as symbols for systems, they are not the same thing.  People behave differently in a group than they do as individuals.

4. Sometimes good people do bad things, and vice versa.

Beware of the ad hominem argument.  An examination of the actor is often insufficient to explain any given behaviour or action.  A given actor usually cannot be reduced to a single bad (or good) decision.

5. Opportunism is far more common than planned conspiracies.

It is almost never good strategy to organize and plan an attack on one’s own people in order to gain sympathy.   The risks of discovery are high, and the results can backfire.   For example,  some explanations of the Odessa event of May 2nd 2014, in which dozens were killed in street clashes between pro-federalist and nationalist forces in Ukraine, strain credulity by claiming ‘agent provocateurs’ were responsible.  Similarly, Prime Minister of Israel Benjamin Netanyahu tried to paint a negative view of the opposition by stating that: “Hamas wants civilian casualties”.   Be skeptical of such oversimplified characterizations and convoluted theories. Recognize that different sides will opportunistically use images to elicit anger and sympathy for their cause.   Have anger, and have empathy.

6. People don’t like inconsistencies, but these are frequent and often deep in human events.

Cognitive dissonance is a psychological state that happensPhilosoraptor when information is contradictory. Individuals often go to great lengths to overcome  the discomfort, including ignoring contradictory information, oversimplifying the facts, and narrowing the frame of reference.  Try to recognize these strategies in yourself and others. Try to become comfortable with contradiction, blurriness, messiness, and complexity.

7. Every report becomes part of a track record, don’t forget the past.

Don’t base your decision on a single report, study, or bit of information.  Compare today’s headlines with those of the past. Don’t forget when today’s reports conflict with those of yesterday. Follow stories that are given less attention, so you will know more about them.

8. All sides will try to appeal to emotions.  Beware of manipulation.

The internet and television news are eminently malleable, with out-of-context quotes, selective information, and even photo manipulation. Watch for terms like “appears to be” and for leading questions that raise doubt or provoke.   Think about what the media is choosing to focus on when preparing a story. Consider the effect of the format and phases of revealing a story.

9. Look deeply, look widely, and compare reports from a variety of sources.  Look for hard evidence, not eye witness accounts.

Personal interviews are a mainstay of video reporting.  They are ALL edited, and eye witnesses, even when sincere, are unreliable.

10. Beware of appeals to authority.

Even those with inside knowledge, high levels of education, and recognized credentials can sometimes lie.   People can also be mistaken in their facts and biased by their education.   Human Rights Watch, Amnesty International, and other UN agencies have long established track records and can generally be trusted when other sources are more questionable.  However, they are also not infallible.

 

Advertisements

The End of Impunity: Two Pathways to Justice

No Mubarak Egypt Uprising Photo Feb 2011 by Takver (Flikr)In Egypt this past summer, former president Hosni Mubarak and former interior minister Habib El-Adly were sentenced to life in prison for complicity in the murder and attempted murder of protesters in the 2011 uprising that removed Mubarak from power. In Liberia, Charles Taylor was convicted of war crimes and sentenced to 50 years for aiding Sierra Leonean rebels who raped, maimed, and murdered tens of thousands of civilians (Harper’s Weekly Review June 4th, 2012). In March 2012, the International Criminal Court delivered a guilty verdict against Thomas Lubanga Dyilo, who was found guilty of the war crimes of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the Democratic Republic of the Congo between September 2002 and August 2003. At present, the ICC has publicly indicted 30 people, and has proceedings ongoing against 24, including against the top five members of the Lord’s Resistance Army in Uganda, including Joseph Kony, for similar crimes.World1

With human rights increasingly in the news, and the activities of multilateral agencies like the ICC at the forefront, it seems that two distinct pathways to criminal justice for egregious violators of human rights are now becoming evident. In the first pathway, former heads of state are held to account using the bodies of law of the country they once led. Under this pathway, the process can yield successes (as in the case of Mubarak) but it also has flaws. Judges appointed by the former leader may be reluctant to apply the rule of law, or, alternatively, too severe outcomes can actually undermine the rule of law by placing the whole process under suspicion. This is especially true if the society has a history of sectarian violence. In the latter case, for example, I’m thinking of the sham trial of Saddam Hussein following the US invasion of Iraq, which probably set back the rule of law in that country by decades and opened the door to a vicious sectarian war. It should be noted that until recently, with the establishment of the ICC as a legal body, national prosecution of such cases was, essentially, the only available route to justice.

The ICC was established to fill a gap in international human rights law that addressed some of these flaws. The gap lay between the politics of sovereignty and the universal laws of human rights. But the ICC was to be derivative of sovereign law, a supplement, and decidedly not a force for subversion or displacement of national bodies of law. Far from it. International law steps in where national law and politics fail, but fail first they must. It is through this pattern of repeated failure that the full justification and realization of the importance of the ICC to the system of sovereign law will emerge. For this reason, it is entirely wrong to criticize the ICC as toothless or helpless in the face of national power. It also entirely wrong to criticize the ICC for overstepping sovereignty The body of law upon which the ICC draws is the logical and reasonable outgrowth of sovereign law itself. For this reason, every case brought to justice by the ICC strengthens, not weakens, the force of sovereign law to protect human rights and bring violators to justice. Even though there are two pathways to justice, they are heading in the same direction, towards a world where violators will have nowhere to hide with impunity.