对警察执法与人权保护的思考

根据我国加入WTO以后面临的国际国内形势 ,客观分析了中国警察在人权保护领域的现状、存在的问题并提出了相应的对策 ,旨在提高中国警察的人权保护意识 ,优化我国的执法环境     

Measuring Military Professionalism in Partner Nations: Guidance for Security Assistance Officials

The U.S. spends billions of dollars in its security cooperation program to develop “professional, accountable, and capable security forces” in other nations, part of a grand strategy to improve global stability and counter violent extremism. Despite its great investment in professionalizing foreign militaries, however, the U.S. has no functional definition of military professionalism – a term that until now has been considered too vague and multi-faceted to operationalize. In this article, the author seeks to remedy this oversight, drawing from twenty years of security cooperation fieldwork in Latin America and Africa, as well as a vigorous literature review, to define four important components of military professionalism: (1) formal military education and vocational training, (2) military subordination to elected civilian officials, (3) knowledge and practice of the law of armed conflict and human rights law, and (4) a clearly established program of professional military ethics. This article provides guidelines for U.S. and European officials who work with partner nations to develop more professional military forces and, in particular, for officials managing security assistance programs with developing countries.     

The Strategic Use of Soft Balancing: The Normative Dimensions of the Chinese–Russian ‘Strategic Partnership’

This article examines Chinese and Russian foreign policy and military strategy from the theoretical standpoint of soft balancing. Analysis of their thinking indicates that both seek to offset US military superiority without engaging American power directly. To that end, Chinese and Russian strategists have adopted ‘soft’ or ‘normative’ power assets as strategic capabilities in their military and foreign policy. Alternative norms, such as the concept of ‘sovereign democracy’, allow China and Russia to deliberately ignore human rights issues in order to achieve diplomatic advantage with respect to the United States. The two powers have institutionalized these norms within the Shanghai Cooperation Organization, which they use to counterbalance US interests in Central Asia.     

Unsolved murders and the investigative failures of the Nigerian police force: Security and sociopolitical implications

This article focuses on the systemic failures of the Nigerian police force to unravel the mysteries surrounding homicides in the country, along with the security, social and political implications of the ongoing trend. The article draws on documented pieces of evidence of high-profile murders, along with the causes of the upsurge in murder incidences and the inhibitive factors relating to the investigative procedures of the police. The suitability of the theory of subaltern realism and the concept of third-world security predicaments in explaining the peculiarities of Nigeria’s internal security challenges is examined, along with the problems of the legitimacy of political regimes and weak borders. There is a need for the National Assembly of Nigeria to exercise its constituted powers in reawakening and supervising investigations into dormant cases of murder through its committees on police affairs, public safety and national security. The police should check its organisational failures, which may be related to using the wrong investigative approaches, low levels of information, limited resources, corrupt practices, and pressure to obtain quick results.     

Obligation to prevent (O2P): Proposal for enhanced community approach to genocide prevention in Africa

As empathetic as distant nations may feel about an ongoing or looming catastrophe in a particular region of Africa, they are too far removed from the horror to grasp its gravity and impact. Geographical proximity to the atrocity, and the likelihood of its spreading to their neighbourhoods, make the communities and neighbouring countries in the imploding region the best and most effective first responders to a crisis in their own backyard. A response from ‘communal’ or ‘regional’ groups is, therefore, the most practical measure for preventing human rights violations in Africa from descending into an actual genocide or an intractable genocidal condition. A community approach to preventing genocide and other human rights abuses should serve as the foundation for a new concept of ‘moral pan-Africanism’ on the African continent in the 21^st century. This article makes an argument for this genocide prevention model and new moral concept.     

PEACEKEEPERS AS PERPETRATORS OF ABUSE

I am afraid there is clear evidence that acts of gross misconduct have taken place. This is a shameful thing for the United Nations to have to say, and I am absolutely outraged by it.

—Kofi Annan, United Nations Secretary-General

Despite promulgating a comprehensive set of guidelines to deter UN personnel from committing acts of sexual misconduct, allegations of sexual exploitation and abuse have become widespread within United Nations peacekeeping missions. The policy of zero-tolerance for peacekeeper misconduct has not been matched by strong disciplinary measures, and crimes are often ignored and rarely punished: absentee fathers, rapists and murderers simply disappear back in their home countries. In countries where women and children rarely have the same economic resources, political rights and authority or control over their environment—or their bodies—they easily become prey for those in perceived positions of power and authority. By failing to hold those responsible to account, the UN may in fact be fuelling even greater discrimination and violence against women and children. In order to ensure those who are mandated to protect to do not become perpetrators of abuse, the UN must take a stronger stand against those who commit acts of sexual misconduct, and must ensure that victims see that their abuser is brought to justice and that reparation is offered. A recent report submitted by the Secretary-General's Special Envoy on Sexual Exploitation and Sexual Abuse makes a comprehensive set of recommendations to prevent, detect, and respond to these allegations. The aim of this essay is to highlight some of the main points of the Special Envoy's report, and to examine the practical challenges the UN and troop/police contributing countries will face when attempting to implement these recommendations.     

Exploring the subsidiarity principle in policing and the operations of the Nigeria Police Force

The provisions of the 1999 Constitution, which recognises the existence of a single police force and forbids parallel police organisations, have oftentimes generated controversies among actors in the Nigerian federal polity. Rising insecurity precipitates lingering questions on the utility and adequacy of a single, highly centralised and centrally controlled police force given Nigeria’s geographic vastness and demographic diversity. Conversely, arguments have also dwelt on the dangers of fragmentation considering Nigeria’s psychosocial, economic and political nature. This article attempts to balance these arguments by analysing policing and the operations of the Nigeria Police Force (NPF) through the lens of the subsidiarity principle. Subsidiarity is a governance principle in federations, captured in the founding documents of the European Union (EU), which prescribes that governmental powers, authorities and duties should be held by the tier that can best perform them equitably, efficiently, effectively, suitably and based on interest and need. Drawing largely on interviews with purposively selected police scholars, political actors, civil society organisations and police personnel, the paper contends that this principle offers a pragmatic solution to the perennial problems of intergovernmental frictions on the use of the police within the context of governance in the Nigerian federation.     

海警部队参与海上反恐作战的思考

随着各国加强对空中和陆地恐怖主义的防控，恐怖主义把视角转向海上。海上恐怖主义具有事件的突发性、手段的多样性、处置的复杂性等特点。边防海警部队参与海上反恐作战有利于取得海上反恐斗争的胜利，有利于掌握海上反恐主动权，有利于顺应国际海上反恐斗争的形势。针对海上恐怖主义的特点，边防海警部队应做到以下几点：一是平时反恐作战准备应具有超前性，二是参与海上反恐作战应体现实效性，三是参与海上反恐作战应把握全局性。     

SOCIAL PREFERENCES FOR NATIONAL DEFENCE AND POLICE ENFORCEMENT IN WESTERN EUROPE

We study the determinants of social preferences for national defence and for police and law enforcement. For this task, we estimate a bivariate ordered probit model for a set of European countries (France, Finland, Norway, Portugal, Spain and Sweden) in 2006. Determinants of spending decisions for defence and police are found to be linked but are of significantly different magnitudes. Besides, measures against terrorist threats are positively linked to police and defence spending increases, while the subjective perception of fiscal pressure has no influence. Finally, no significant differences are found between Northern and Southern Europe.     

海警部队海上反恐斗争面临的形势及对策

近年来，国际海上恐怖活动日益增多，公安海警部队海上反恐斗争形势严峻。为此，部队必须适应海上恐怖活动的特点，完善反恐工作机制，制定有效的反恐策略，切实提高海上反恐作战能力，以维护国家海洋权益及海上安全。     

The politics of population

This article suggests some of the principal factors behind the decisions by an increasing number of countries deciding that the achievement of their national objectives required a policy for population, and the way that they are likely to work out. By 1983, 35 developing countries had an official policy to reduce their population growth rate, and in 34 others, the government supported family planning activities--usually for reasons of health or as a human right. The number is remarkable given the many compelling reasons that governments have for not attempting anything so difficult as to modify demographic trends. The future results of population programs, in social and economic terms, are very difficult to quantify, thus defying cost-benefit analysis of the desirability of investing resources in this area, rather than in something else. There are also powerful political reasons why a government might well hesitate before embarking on a policy to reduce the nation's fertility. At the very least, it implies government interference in the most private and personal of human relations, an invasion of human rights, and a disturbance of the traditional patterns of society and behavior. For many countries that are pursuing a policy to limit population growth, the decision has been taken only after the grievous consequences of not having such a policy have already become manifest. The critical question is how soon a government will make the connection among political disobedience, economic and social distress, and the population explosion, and adopt a population policy. Although the number of developing countries that have officially proclaimed a strongly pro-natalist population policy is relatively small, many have Marxist governments. Overall, governments have several strategies at their disposal: 1) improving the accessability and the quality of the service; 2) promoting population education and family planning motivation (with the assistance of the media, folk art, and personal persuasion); and 3) applying a judicious mixture of incentives and disincentives.     

The International Criminal Court and the Deterrence of Human Rights Atrocities

Research on human rights treaties has mostly reached depressingly similar conclusions – that such treaties and their resulting institutions have little or no impact on human rights. The International Criminal Court, however, possesses significant power to investigate and prosecute violations of international law that equip it with potentially more influence than previous human rights regimes. I suggest, however, that the impact of the ICC on human rights is conditioned by signatory governments’ commitment to good governance and acceptance of the role of the ICC in addressing violations of international law. I develop a two-stage model of ICC ratification and human rights abuse that shows that while many states have ratified the ICC Treaty, not all are committed to stopping the crimes under its jurisdiction. Rather, state commitment to human rights depends first on its commitment to the rule of law within its own borders. Second, commitment to human rights depends on states’ willingness to grant the ICC the powers necessary to carry out its mission. Through a number of statistical tests, I find strong support for these hypotheses on states’ human rights and propensity for violence.     

The Kashmir conflict in South Asia: voices from Srinagar

This article looks at the Kashmir conflict in South Asia, which has been going on since 1947, when India and Pakistan became independent from British colonial rule. After looking at some historical background, the article looks at both the external dimension as well as the internal dimension of the conflict. The external dimension tends to focus on Indo-Pak relations over Kashmir and the internal dimension looks at India's repressive state policies within the state of Kashmir. This article uses Mary Kaldor's “New War” thesis as a theoretical framework to understand the situation and pays special attention to the conflict's very complex and multifaceted nature. The article argues that although the levels of violence have differed from time to time in the region since 1947, today the conflict seems to have less to do with Indo-Pak relations or the external side of things and has more to do with the internal dimension and India's undemocratic ways within Kashmir. Today, Kashmir is one of the most militarised conflict zones in the world. The stationing of the Indian military and paramilitary forces in the region has only exacerbated the situation since it is the security personnel who cause much of the problem. The Armed Forces Special Powers Act gives these security forces extraordinary powers in the region, which they often abuse. The armed forces have no real understanding of the local culture or sympathy for local religious sentiments. Poverty, corruption, administrative failure, police brutality, identity politics and human rights abuses are some of the key features associated with this conflict. Methodologically, a number of interviews were carried out with the local people in the region recently. From the data gathered through the interviews, it is very obvious that the people still feel very oppressed and that the situation is still very volatile, fraught with uncertainty. Finally, after making an assessment of the situation, the article tries to suggest methods of peaceful building and conflict management as the way forward.     

Defensive weapons and star wars: a supergame with optimal punishments

We model the perspective faced by nuclear powers involved in a supergame where nuclear deterrence is used to stabilise peace. This setting allows us to investigate the bearings of defensive weapons on the effectiveness of deterrence and peace stability, relying on one-shot optimal punishments. We find that the sustainability of peace is unaffected by defensive shields if the latter are symmetric across countries, while asymmetric endowments of such weapons have clear-cut destabilising consequences.     

关于联合国维和警察公共关系工作的几点思考

阐述了开展联合国维和警察公共关系工作的必要性与紧迫性，分析了开展联合国维和警察公共关系工作的原则与步骤，从加强联合国维和警察与各种传播媒体之间的公共关系工作；加强联合国维和警察与任务区民众之间的公共关系工作；加强联合国维和警察机构与联合国其他机构、各国驻维和任务区外交代表机构以及当地政府之间的公共关系工作；加强联合国维和警察内部派遣国警队之间的公共关系工作；重视发挥维和警察个体的公关作用；及时处理突发事件引起的公关危机等6个方面提出了开展维和警察公共关系工作的具体措施。     

They protect us,but are they using protection? The potential impact of HIV on the South African Police Service

The drivers of HIV/AIDS in the South African Police Service (SAPS) and impact of the disease on this workforce are neglected areas of research. Existing evidence suggests that while the occupational risk for contracting HIV is low, there are factors associated with the profession that, if left unmanaged, place police officers at risk of contracting HIV. This study's two aims are to identify the potential pathways of HIV infection within policing services and determine the probable impact of HIV/AIDS on SAPS. Through a systematic literature review on HIV/AIDS within police services, and by analysing selected SAPS human resource data, the causal pathways and impact of HIV/AIDS on police services are explored. The study finds that police officers (particularly male officers) are likely to be highly susceptible to HIV infection as a result of risky sexual behaviours born out of occupational characteristics such as high levels of stress, difficult working conditions, living away from home and interactions with sex workers. The problem is exacerbated by the ‘macho’ culture that often prevails among police officers. HIV/AIDS interventions within SAPS must focus on sustained behaviour change. Further, HIV programmes must equip officers with the knowledge and awareness to avoid engaging in high-risk sexual practices that may compromise their health and the effectiveness of the policing service.     

Seeking a stable future: perspectives on population policy. The legal approach: women's rights as human rights

As it has grappled with issues of population policy, the international community has emphasized that women's reproductive rights are human rights. Scholars have also acknowledged that the right to reproductive health care exists within the scope of international human rights treaties and conventions and that gender equality, nondiscrimination, and freedom from government interference in marriage and family life are also guaranteed. Further protections extend to counseling and health information and referral. The Programme of Action of the 1994 International Conference on Population and Development continues this trend by emphasizing the importance of human rights for attaining population and development objectives, calling on governments to focus their efforts on improving the quality of life for individuals, and endorsing the notion that reproductive rights are universal human rights. Reproductive health care options are also influenced by sovereign laws that restrict availability of contraception, sterilization, or abortion. However, universal rights and unrestricted access must be complemented by other factors controlled by domestic laws to guarantee reproductive choice. Such laws cover issues like marriage age, divorce, marital property, child support, maternity benefits, day care, sex discrimination, eligibility for insurance, confidentiality, spousal consent, rape, and sexual abuse. Countries must modify restrictive national laws and promote laws protecting women's rights.     

俄罗斯等国对军警遂行反恐任务中权益的保护及启示

俄罗斯等国对军警遂行反恐任务中的权益作出五点保护：遂行反恐任务身体受到伤害、牺牲者,国家给予补偿金赔偿;因遂行反恐任务人身安全受到恐怖威胁,提出整容要求者国家予以解决;遂行反恐任务期间的军龄优惠计算;处置恐怖事件造成的损害免于法律追究;处置恐怖事件损失的个人财产由国家赔偿。俄罗斯等国对军警遂行反恐任务中权益保护的做法,对我国有两点启示：要进一步完善保护遂行反恐任务的武警官兵生命权等权利的法律;要进一步完善保护遂行反恐任务的武警官兵经济权利的法律。     

THE PROHIBITION OF BLINDING AS A METHOD OF WARFARE

Abstract

From the 1982 Maitatsine Uprising to the 2009 Kala Kato Riot, Nigeria has been bedevilled by ethno-religious uprisings with devastating human and material losses. In almost all these crises the police and the military have featured prominently as agencies tasked with the responsibility of maintaining law and order and suppressing insurrection. While it was not alleged that they precipitated some of these risings perhaps in their attempts to stem or nip them in the bud, they have been accused of escalating the conflict either by their slow and inadequate responses, their partisanship and their arbitrary responses, or by their slackness in managing the crises and their aftermath. However, but for their efforts the security basis of the Nigerian state would have been considerably compromised by religious fundamentalism given the level of preparedness of the groups involved, their resistance and, more importantly, the recurrent nature of the uprisings. This article reflects on the management of ethno-religious uprisings in Nigeria by the police and the military. It considers the nature of the security agencies' involvement in the crises and examines the factors both within the agencies and in the larger Nigerian society which have aided or hindered their effective management of the conflicts.     

大中亚区域禁毒警务合作初探——以“金新月”毒品问题国际化为视角

面对“金新月”毒品问题日益国际化,在中亚各国复杂多变的政治、经济、民族、宗教背景下,迫切需要各方共同努力,创设、发展出一种更加灵活、高效、有针对性的禁毒合作机制,以应对该地区越来越严峻的毒品扩散问题及其引发的相关社会秩序危害。阐述了“金新月”毒情发展及其对周边国家的影响,分析了大中亚区域禁毒警务合作的必要性,探讨了大中亚禁毒警务合作模式的选择,以创设出一种立体的、全方位的、有较强执行力的区域禁毒合作模式。