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350 words. Turabian citation. double spaced. 3 sources.1. What are both the advantages and challenges of mediation? Argue 2-3 points on each with support from course readings (see attached), citing historical examples when relevant. Be sure to provide historical context and contemporary examples, citing your readings as appropriate. irls613_lesson_2_notes_co1.docx Unformatted Attachment Preview IRLS613 | LESSON 2 Inquiry in the Historical Context INTRODUCTION We continue our look at the historical trends in international negotiation methods. We focus on mediation as a general category of dispute resolution but specifically this week, we will learn more about the process of inquiry. The process of inquiry in international law has undergone significant changes since the USS Maine incident in 1898 including the adaptation of individuals as subjects of international law rather than merely states as principle actors and subjects. The thrust of this weeks lesson is to demonstrate how negotiation principles and practices adapt to changing circumstances. Lesson Topics: • • • • Historical Context and Modern Perspectives Drilling down in the Readings – Different Conceptions of Inquiry Inquiry in 21st Century Reconciliation Processes Srebrenica as an Example Key Terms • • • • Inquiry Inquest Hague Conventions Operation Condor Historical Context and Modern Perspectives The Hague Conventions: Take a look at the contents of the first Hague Convention (1899) that came about as a result of the USS Maine and the Spanish-American War that followed. From 1899 until the end of the Second World War (1945), the historical principles established for inquiry relied on the idea that states should address disagreements through inquiry when diplomatic efforts have failed and the two sides cannot compromise. Remember that these were the days long past the Congress of Vienna at the end of the Napoleonic Wars (1814-15) when European states had purposefully set out to settle international disputes peacefully rather than resorting to war. The nineteenth century had been a great experiment in what John Lewis Gaddis has called the long peace but by 1899, that was beginning to unravel (Gaddis 1986, passim). Not only were Germany and England fast becoming rivals headed into a disastrous naval arms race - exploding in the summer of 1914 with the outbreak of World War I - but growing nationalism and terrorist tactics meant that incidents could quickly erupt into something much greater. On your list of international law conventions and treaties, then, be sure to note these two important Hague Conventions to settle international disputes (1899 and then amended in 1907) - both outlining the necessity of inquiry. Modern Inquiry: There are many current examples of how inquiry has evolved into the 21st century - and your forum discussions ask you to tease those out. What you should remember foremost is that sometime around 194243, when it became apparent that human rights violations were occurring in unprecedented scope and brutality in the context of World War II in both Europe and Asia, the leading internationalists and diplomats of the time dusted off those old Hague Conventions and other documents like the Kellogg-Briand Pact (1928). How it could be that world war erupted twice within the span of 30 years, they wanted to understand. All the while, methods of conflict resolution short of war were moving into the modern 20th century where it was much easier to figure out facts based on modern communication developments. Today, of course, if something like the Maine incident happened, formal inquiry would be quite different - and it is. See, for example, post-1945 United Nations cases of inquiry (based on Article 34 of the UN Treaty). Drilling down in the Readings – Different Conceptions of Inquiry In last week’s lesson, we discussed mediation and its limitations. Merrills argued that “mediation may only be able to achieve a partial solution . . . if the parties cling tenaciously to fundamentally incompatible positions – if, for example, they are not prepared to acknowledge that a political solution is what is needed, rather than an endorsement of existing rights” (Merrills 2011. 39). Inquiry is the next logical step after mediation - when the parties have come to an impasse - or in the case of an accident, events have overtaken the existing diplomatic relationship - such as the inquiry among Russia, Ukraine, and the Netherlands after Malaysian Airlines Flight 17 crashed over the Ukraine during 2014. Merrills refers to inquiry as two distinct processes. The first, as a fact-finding tool, inquiry has a very narrow meaning in which “states may select [inquiry] in preference to arbitration or other techniques because they desire to have some disputed issue independently investigated” (Merrills 2011, 41). These are referred to as judicial inquiries. The second, the larger process, like the Srebrenica inquiry, uses the operational features of inquiry to support arbitration, conciliation, and other third-party international negotiations that we’ll discuss later in the term in more detail. As a result of declassified documents, scholars like McSherry piece together their own fact-finding inquiries in a historical sense (click here for example documents). Sometimes scholars (or more often, journalists) are called as experts or their writings are used in support during prosecutions; sometimes they write a compelling text or two and then the issue fades away. At the time McSherry was doing most of her work, just prior to 2000, the Pinochet Tribunal began in London in 1998 (Power 2007). As documents continue to be released, Operation Condor continues to draw attention. As recently as March 2013, two former Argentinian officials went on trial for crimes committed under Operation Condor (Osorio 2013, n.p.). Check on learning: Operation Condor involved South American dictators attempting to prevent international political dissidence. True Inquiry in 21st Century Reconciliation Processes The term inquiry is one of those words that, depending on how it’s pronounced, gives away its meaning. Imagine someone with a British accent talking about the inquiry into the sinking of the Lusitania and the Titanic under the inquest of Lord John Mersey from 1912-15 – phrases that conjure images of judges in lilac tippets and bob-wigs setting off on a fact-finding mission: How do such large ships sink from a single torpedo strike or the impact from an iceberg? Who’s at fault? How many lives were lost? Was there a conspiracy and did the British Admiralty know? (Mersey 1915 passim). In a more modern sense, the term inquiry is part of a much larger process: “We know what happened; we know who’s at fault; we know where they are; we know how we’ll get them – we’ve just got to build the case first.” This process can take years or decades. In March 2016, for example, Radovan Karadžić was found guilty by the International Criminal Tribunal for the former Yugoslavia (ICTY) at The Hague for crimes against humanity in Srebrenica during the take-over in July 1995. Even today, the processes of inquiry center on established methods introduced in 1899 with the first Hague Convention. Merrills uses the example of the Maine inquiry to show the juxtaposition between getting to the facts to understand why and how an event occurred – and getting to the facts to use them as political capital. At the time of the conflict between the United States and Spain over the sinking of the Maine (the Spanish said it was caused by an internal explosion and the UN Navy inquiry found that it was destroyed by a submarine mine), diplomats were putting the final touches on the first Hague Convention. Why not throw in a procedure that will call into play a tribunal for this type of inquiry in the future, someone suggested? (No doubt someone on the American side, given the political climate.) And that’s what they did. (Merrills 2011, 42). The premise of the new arrangement was that there would not be national courts of inquiry (such as the Spanish and the US Navy during the inquiry of the Maine) but rather “international commissions for the impartial investigation of the facts and circumstances” of disputes between two or more states (Merrills 2011, 42). Srebrenica as an Example SREBRENICA: MAPPING GENOCIDE Although indicated in November 1995, the steps to a judgment against Karadžić took over twenty years and included almost all the forms of international negotiation that were studying in the class. Listen to the audio podcast of the report of Karadžić’s conviction. See Tom Gjelten’s “Two Decades After the War, A Genocide Conviction for Radavan Karadžić from National Public Radio (Gelten 2016). Our second journal article, by Larissa van den Herik, focuses on bringing criminals like Karadžić to trial (van den Herik 2015). Notice that van den Herik groups inquiry into two types – ex-post facto inquiries and judicial exercises. Many of you may have been involved in accident investigations as part of your profession – whether civilian or military – and you are aware of the tedium of cataloging, categorizing, itemizing every last detail. The ICTY website outlines the process for Karadžić from the moment he is indicted until he is found guilty. What is not mentioned in the website are the countless personnel and the hours they spent in interviews, investigations – all part of the fact-finding processes to support the Prosecution’s case. Check on learning: Inquiry in international relations refers to not only fact-finding missions but also case-building. True Conclusion Several years ago, Thomas Wilson described the Cold War in a way that is fitting to our study of international negotiation and this weeks topic: The cold war was rearmament and alliances and ultimatums and crises and confrontations; it was trade controls and military assistance and competitive economic aid; it was espionage and subversion and propaganda; and it was a way of acting and reacting - a way of looking at things, a frame of mind, a manner of speaking, a tone of voice. In a sense the cold war was an experiment in conflict without war; all elements of national power, influence, and prestige were brought into confrontation - and all save the military element were brought into direct use (Wilson 1970, 50). What emerged from the Cold War that has relevance to our study is this: the tactics that Wilson describes above all facilitated the burgeoning of individual human rights. So while inquiry of the 19th century and early 20th was predominantly about states in conflict with each other, in our time, it is more about state actions against individuals - with third parties as we discussed last week, stepping in (whether it is other states demanding inquiry directly or achieved through the functioning of the UN Security Council). We will see this again in this course - where long-held principles of international negotiation adapt to changing circumstances. As you think about this week’s readings and the discussion question, should the process of inquiry be revisited in the 21st century? Given the transnational nature of crime and terrorism, should inquiry as a preliminary form of international negotiation be put into service? Or should it continue the way it’s heading, ex-post facto to either bring about prosecutions – or to hold those who have committed criminal acts accountable? References Gaddis, John Lewis. 1986. The Long Peace: Elements of Stability in the Postwar International System. International Security Vol. 10, No. 4 (Spring): 99-142. McSherry, J. Patrice. 2002. Tracking the Origins of a State Terror Network: Operation Condor. Latin American Perspectives 29, no. 1: 38-60. Merrills, J. G. 2011. International Dispute Settlement. 5th. Cambridge: Cambridge University Press. Mersey, John. 1915. REPORT of a Formal Investigation into the circumstances attending the foundering on 7th May, 1915, of the British Steamship Lusitania, of Liverpool, after being torpedoed off the Old Head of Kinsale, Ireland. Wreck Commissioner, London: Darling and Son Ltd. Osorio, Carlos (ed.). 2013. Operation Condor on Trial: Legal Proceedings on Latin American Rendition and Assassination Program Open in Buenos Aires . National Security Archive - The George Washington University. March 8. http://nsarchive.gwu.edu/NSAEBB/NSAEBB416/. Power, Robert C. 2007. Pinochet and the Uncertain Globalization of Criminal Law. The George Washington International Law Review 39, no. 1: 89-147. Wilson, Jr., Thomas W. 1970. The Great Weapons Heresy. Boston, MA: Houghton Mifflin. ... Purchase answer to see full attachment