By the Asylum Seeker Resource Centre

The release of this report marks ten years since Australian Prime Minister, Kevin Rudd, made the choice to send over 3000 men, women and children who sought asylum by sea to offshore detention centres and deny them permanent resettlement. The report touches on the stories of seven people subjected to offshore detention since July 19, 2013. The people interviewed and the Asylum Seeker Resource Centre call for the immediate evacuation of the 80 people remaining in Papua New Guinea (PNG), permanent resettlement for all, and a Royal Commission into offshore detention. The Albanese Government evacuated refugees from Nauru. However, people are still trapped in PNG and thousands have been denied the ability to rebuild their lives in Australia.

Footscray VIC : ASRC, 2023. 29p.

Edited by Herbert R. Reginbogin, ‎Christoph Safferling

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly recurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

Berlin: De Gruyter Saur, 2006. 320p.

Edited by Carin Kuoni and Laura Raicovich

There have been few times in US American history when the very concept of freedom of speech—its promise and its contradictions—has been under greater scrutiny. Guided by acclaimed artist, filmmaker, and activist Amar Kanwar, the Vera List Center for Art and Politics at The New School convened a series of public seminars on freedom of speech with the participation of some of the most original thinkers and artists on the topic. Structured as an open curriculum, each seminar examined a particular aspect of freedom of speech, reflecting on and informed by recent debates around hate speech, censorship, sexism, and racism in the US and elsewhere. Studies into Darkness emerges from these seminars as a collection of newly commissioned texts, artist projects, and resources that delve into the intricacies of free speech. Providing a practical and historical guide to free speech discourse and in-depth investigations that extend far beyond the current moment, and featuring poetic responses to the crises present in contemporary culture and society around expression, this publication provocatively questions whether true communication is ever attainable.

Amherst, MA: Amherst College Press, 2022. 390p.

By Doug Coulson

All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse.

First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation.

Amherst, MA: Amherst College Press, 2023. 285p.

ByEnrico Michelini

Drawing on original research, this book looks at what sport can tell us about the social processes, patterns and outcomes of forced migration and the ‘refugee crisis’. The book explores four key aspects of sport’s intersection with forced migration. Firstly, it looks at how the media covers sport in relation to the ‘refugee crisis’, specifically coverage of refugee elite athletes. Secondly, it examines the adaptation of sport organisations to the ‘refugee crisis’, including the culture, programmes and structures that promote or obstruct sport for refugees. Thirdly, the book looks at sport in refugee sites, and how sport can be used as therapy, an escape or empowerment for refugees but also how it can reinforce the divisions between staff and the refugees themselves. Finally, the book looks at how forced migration influences and is influenced by participation in elite sport, by examining the biographies of elite migrant athletes.

London: Routledge, 2023. 142p.

By Roger Bartlett

The jurist and philosopher, Jeremy Bentham, and his lesser-known brother, Samuel, equally talented but as a naval architect, engineer and inventor, had a long love affair with Russia. Jeremy hoped to assist Empress Catherine II with her legislative projects. Samuel went to St Petersburg to seek his fortune in 1780 and came back with the rank of Brigadier-General and the idea, famously publicised by Jeremy, of the Inspection-House or Panopticon. The Bentham Brothers and Russia chronicles the brothers’ later involvement with the Russian Empire, when Jeremy focused his legislative hopes on Catherine’s grandson Emperor Alexander I (ruled 1801-25) and Samuel found a unique opportunity in 1806 to build a Panopticon in St Petersburg – the only panoptical building ever built by the Benthams themselves. Setting the Benthams’ projects within an in-depth portrayal of the Russian context, Roger Bartlett illuminates an important facet of their later careers and offers insight into their world view and way of thought. He also contributes towards the history of legal codification in Russia, which reached a significant peak in 1830, and towards the demythologising of the Panopticon, made notorious by Michel Foucault: the St Petersburg building, still relatively unknown, is described here in detail on the basis of archival sources. The Benthams’ interactions with Russia under Alexander I constituted a remarkable episode in Anglo-Russian relations; this book fills a significant gap in their history.

London: UCL Press, 2022. 322p.

By Abigail Andrews And the students of the Mexican Migration Field Research Program

The world is changing so fast that it's hard to know how to think about what we ought to do. We barely have time to reflect on how scientific advances will affect our lives before they're upon us. New kinds of dilemma are springing up. Can robots be held responsible for their actions? Will artificial intelligence be able to predict criminal activity? Is the future gender-fluid? Should we strive to become post-human? Should we use drugs to improve our intimate relationships — or to reduce crime? Our intuitions about questions like these are often both weak and confused. David Edmonds has put together a philosophical task force to get to grips with these challenges. Twenty-nine philosophers present provocative and engaging pieces about aspects of life today, and life tomorrow — birth and death, health and medicine, brain and body, personal relationships, wrongdoing and justice, the internet, animals, and the environment. The future won't look the same when you've finished this book.

Oakland, CA: University of California Press, 2023.

By Luke Ritter

"Why have Americans expressed concern about immigration at some times but not at others? In pursuit of an answer, this book examines America’s first nativist movement, which responded to the rapid influx of 4.2 million immigrants between 1840 and 1860 and culminated in the dramatic rise of the National American Party. As previous studies have focused on the coasts, historians have not yet completely explained why westerners joined the ranks of the National American, or “Know Nothing,” Party or why the nation’s bloodiest anti-immigrant riots erupted in western cities—namely Chicago, Cincinnati, Louisville, and St. Louis. In focusing on the antebellum West, Inventing America’s First Immigration Crisis illuminates the cultural, economic, and political issues that originally motivated American nativism and explains how it ultimately shaped the political relationship between church and state. In six detailed chapters, Ritter explains how unprecedented immigration from Europe and rapid westward expansion reignited fears of Catholicism as a corrosive force. He presents new research on the inner sanctums of the secretive Order of Know-Nothings and provides original data on immigration, crime, and poverty in the urban West. Ritter argues that the country’s first bout of political nativism actually renewed Americans’ commitment to church-state separation. Native-born Americans compelled Catholics and immigrants, who might have otherwise shared an affinity for monarchism, to accept American-style democracy. Catholics and immigrants forced Americans to adopt a more inclusive definition of religious freedom. This study offers valuable insight into the history of nativism in U.S. politics and sheds light on present-day concerns about immigration, particularly the role of anti-Islamic appeals in recent elections."

New York: Fordham University Press, 2021. 267p.+

By Wendie Ellen Schneider

During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider's examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the greatest legal engine ever invented for the discovery of truth.

New Haven, CT: Yale University Press, 2016. .278p.

By Nicole MartinRogers

The Missing and Murdered Indigenous Women Task Force was created to examine the root causes, systemic problems, and potential solutions to violence against indigenous women and girls in Minnesota, including members of the two spirit community. Established by the Minnesota Legislature and signed into law by Governor Tim Walz in 2019, the task force includes representatives from 11 tribal nations, community and advocacy organizations, legislators, law enforcement, and the legal field. Wilder Research assisted the task force, conducting extensive research and facilitating public hearings and comment sessions across Minnesota.

The report includes 20 mandates in five key areas from the task force for the Minnesota Legislature, state agencies, tribes, and other stakeholders to address the MMIW injustice:

• Address systemic causes

• Collect and report data on violence against Indigenous women and girls

• Address policies and practices in institutions that impact violence against Indigenous women and girls

• Reduce and eliminate violence against Indigenous women and girls

• Help Indigenous women and girls who are victims/survivors, their families, and their communities

St. Paul, MN: Amherst H. Wilder Foundation, 2020. 163p

Canada Privy Council Office

The National Inquiry’s Final Report reveals that persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada’s staggering rates of violence against Indigenous women, girls and 2SLGBTQQIA people. The two volume report calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country.

The Final Report is comprised of the truths of more than 2,380 family members, survivors of violence, experts and Knowledge Keepers shared over two years of cross-country public hearings and evidence gathering. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians.

As documented in the Final Report, testimony from family members and survivors of violence spoke about a surrounding context marked by multigenerational and intergenerational trauma and marginalization in the form of poverty, insecure housing or homelessness and barriers to education, employment, health care and cultural support. Experts and Knowledge Keepers spoke to specific colonial and patriarchal policies that displaced women from their traditional roles in communities and governance and diminished their status in society, leaving them vulnerable to violence.

Ottawa, Canada Privy Council Office, 2019. Vol. 1a: 2019, 728p. Vol. 1b, 2019. 352p.

Canada Privy Council Office

The National Inquiry’s Final Report reveals that persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada’s staggering rates of violence against Indigenous women, girls and 2SLGBTQQIA people. The two volume report calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country.

The Final Report is comprised of the truths of more than 2,380 family members, survivors of violence, experts and Knowledge Keepers shared over two years of cross-country public hearings and evidence gathering. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians.

As documented in the Final Report, testimony from family members and survivors of violence spoke about a surrounding context marked by multigenerational and intergenerational trauma and marginalization in the form of poverty, insecure housing or homelessness and barriers to education, employment, health care and cultural support. Experts and Knowledge Keepers spoke to specific colonial and patriarchal policies that displaced women from their traditional roles in communities and governance and diminished their status in society, leaving them vulnerable to violence.

Ottawa, Canada Privy Council Office, 2019. Vol. 1a: 2019, 728p. Vol. 1b, 2019. 352p.

By Emily J. Hanson

Across many countries and in the United States, Indigenous peoples—women and girls in particular—are disproportionately affected by violence. In the United States, for example, 84% of American Indian and Alaskan Native (AI/AN) women and 82% of AI/AN men reported experiencing violent victimizations in their lifetime. Studies have also shown that Native American children are more likely to experience abuse and trauma than their non-Native peers. Additionally, as of June 2023, 3.5% of the missing persons included in the National Missing and Unidentified Persons System (NamUs) were identified as AI/AN, which was more than three times their percentage in the U.S. population (1.1%). Advocacy by Native American and other Indigenous communities has brought increased attention to experiences of violence in Indigenous communities using the terms Missing and Murdered Indigenous People (MMIP) and Missing and Murdered Indigenous Women and Girls (MMIWG). This report provides an overview of recent research and commonly cited barriers to addressing MMIP, background on legislation and programming to improve data collection and criminal justice services for Native Americans, and selected policy issues Congress may consider when conducting oversight or considering legislation related to MMIP. In recent years, the federal government has made efforts to address MMIP and the high rate of violence experienced by Native Americans. This report provides background on these issues, including an in-depth review of major sources of data on missing Native Americans and violent victimizations. Data sources include the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Program, as well as federal databases tracking missing persons. These data sources present a consistent picture of high rates of violent victimization of Native Americans. The report then discusses three common barriers to the federal government’s and criminal justice systems’ ability to fully understand and address MMIP. The first potential barrier is the relative lack of culturally specific services for Native American crime victims who live outside of tribal lands. Second, complicated jurisdictional overlaps between federal, state, local, and tribal law enforcement can lead to confusion regarding responsibility for investigations and prosecutions of crimes that occur on tribal land and can lead to loss of time and inefficient use of resources. The third barrier concerns gaps in the criminal justice data about MMIP. The report next discusses federal legislation and initiatives related to MMIP, including alerts for missing persons, efforts to encourage collaboration across federal agencies and with tribal governments, and efforts to improve data collection. This section covers Operation Lady Justice, which was created by Executive Order 13898, and the recently launched U.S. Department of the Interior Missing and Murdered Unit. Recent federal legislation to address MMIP is also discussed, including Savanna’s Act (P.L. 116-165) and the Not Invisible Act of 2019 (P.L. 116-166). The report concludes with a discussion of MMIP issues policymakers might consider when conducting oversight or considering legislation.

Washington, DC: Congressional Research Service, 2023. 43p.

USED BOOK. MAY CONTAIN MARK-UP

By Amy Knight

FROM THE INTRODUCTION: “This book tells the story of what happened to the world's most 1991 as the KGB, when the totalitarian Soviet empire that supported it collapsed. How does such an organization survive in a world where the rules of the game have changed dramatically? Why, for that matter, does it survive at all, given that the cold war has ended and Russia has embarked on a path of political and economic transformation? Does the KGB's successor organization still represent a threat to Western interests and an enemy to the development of democracy within the former Soviet Union? This account is part of the larger story of the post-Soviet political system in transition, and, although the book deals with one element of that system, its ultimate aim is to provide a deeper understanding of domestic and foreign politics in the former Soviet Union….”

Princeton, New Jersey. Princeton University Press. 1996. 328p.

By the United States Department of State, Office to Monitor and Combat Trafficking in Persons

Effective, multidisciplinary partnerships have long been essential to the success of the “3P” framework of prosecution, protection, and prevention in global anti-trafficking efforts. A comprehensive approach to human trafficking requires governments to prioritize multiple layers of cooperation, including internally between government agencies and externally with other governments, international organizations, the private sector, academia, media, community leaders, NGOs, and survivors and survivor-led organizations. The 2023 Trafficking in Persons Report (TIP Report) introduction examines and highlights how governments and a wide range of stakeholders have used partnerships to advance anti-trafficking priorities and goals. The introduction also shares innovative approaches and specific examples of partnerships that have complemented and supported the success of prosecution, protection, and prevention efforts.

Washington, DC: United States Department of State, 2023. 94p.

By The Mixed Migration Centre

Indonesia is a destination country for refugees, and a key transit country, for refugees intending to be resettled to third countries, as well as for those seeking to journey onwards to Malaysia. According to the UNHCR, as of November 2022, 71% of refugees in Indonesia are from Afghanistan, Somalia, Myanmar and Bangladesh. This snapshot finds that Afghan, Somali and Rohingya 4Mi respondents engage with smugglers in very different ways to reach Indonesia. It examines the routes taken by respondents, interactions with smugglers, and perceptions of smugglers’ roles in their migratory journey.

Mixed Migration Centre, 2023. 12p.

By Mohamed Daghar

Summary: In September 2014 Kenya banned the exportation of labour to the Middle East because workers were being trafficked by criminal networks offering them jobs. This policy brief focuses on the criminals who continue to drive this market and examines attempts by the government and other stakeholders to outlaw the practice. While the measures in place are commendable, they are inadequate. Many gaps still enable criminals to continue operating in a lucrative, quasi-regulated market. The field study conducted revealed that human trafficking persists in Kenya. Key findings ∙ Kenyans trafficked to the Middle East are often exposed to inhumane conditions that many reports describe as ‘modern slavery’. ∙ Despite reforms intended to prevent this, the trafficking of Kenyans to the Middle East continues. ∙ Stakeholders approach the issue mainly as a human rights concern rather than as a humantrafficking crime. ∙ The interventions in place are inadequate and the exclusive focus on rights has diverted attention from the criminality involved. ∙ Reassessing the problem as human trafficking will shift attention to Kenya’s ability to both protect its workers abroad and combat transnational crime.

ENACT - Africa, 2020. 16p.

By Lucia Bird.

Domestic laws criminalising human smuggling in Africa diverge significantly from the approach set out in the UN Smuggling Protocol.

This brief analyses how African states have criminalised human smuggling in their nation. This research found that 22 states have criminalised the ‘smuggling of migrant’s broadly as defined in the UN Smuggling Protocol, which specifies that the intent of the perpetrator must be to reap a ‘financial or material benefit.’ It finds that even these states have diverged significantly from the approach set out in the Smuggling Protocol, and highlights concerning trends before recommending best practice.

ENACT - Africa, 2020. 12p.

By Mouhamadou Kane and Mamadou Abdoul Wane

Taking children from Guinea-Bissau to Senegal and forcing them to beg on the streets has become the most visible form of human trafficking in both countries. Many Quranic teachers and intermediaries prey on vulnerable families in Guinea-Bissau. Offering religious instruction in Senegal, they take advantage of families’ ignorance of the fate awaiting their children once they are handed over. This criminal activity enables the teachers, who collect the money given to children as alms, to dispose of a large amount of illicit capital which they inject with impunity into important sectors of the economy such as real estate, trade and transport. Key findings • Deep poverty, religious fervour and ambition for their children drive many rural parents in Guinea-Bissau to place them in the care of Quranic teachers, or marabouts, based in Senegal. • Once trafficked to Senegal, the children are not taught the Quran, as promised. Instead, they are forced to beg for alms and to hand the takings over to the marabouts. • Although officials in both Senegal and Guinea-Bissau deplore the system, a combination of respect and fear of the marabouts’ power forestalls action. • It is left to non-governmental organisations to rescue the children and return them to POLICY BRIEF their families.

ENACT - Africa, 2021. 12p.

By Virginia J. Hunter

FROM THE INTRODUCTION: “The title of his work, Policing Athens, is deliberately ambiguous, meant to convey the ambiguity inherent in the notion of policing itself, since policing has a number of connotations. In the first place, it may refer to social regulation, or the role played by government in "regulating the welfare, security, and order of a city"-a government may, for example, have institutionalized procedures for ensuring the supply of food or for controlling nuisances (Hay and Snyder, 1989:5, 21; cf. Critchley, 1972:24). Policing of this kind was certainly not absent from the city-state. In fact, Athens had a whole host of officials, for the most part annually selected boards of magistrates, each devoted to an aspect of social regulation.”

Princeton, New Jersey. Princeton University Press. 1994. 305p.