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Articles by John Hursh
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Top Gun Maverick: International Law, Empire, and Nostalgia
[John Hursh is a lawyer, writer, and researcher focusing on the use of force, human rights, and international humanitarian law. He was a Visiting Scholar at the Center for Human Rights and Humanitarian Studies at Brown University in 2021 and 2022.] Earlier this summer, after much anticipation, heightened by production issues and prolonged delays, Top Gun returned to the theater after a 36-year hiatus.
Biden’s Democracy Gap: How U.S. Policy Helps Underwrite Egypt’s Human Rights Crisis
Filed under: Congress, Democracy, Egypt, International Human Rights, Military aid, Sisi U.S. President Joe Biden repeatedly has called the battle between democracy and autocracy the single most important struggle of the 21st century, but these words increasingly ring hollow as his administration continues to provide billions in military aid and weapons sales, as well as political support, to authoritarian regimes within the Middle East and North Africa.
How the U.S. enabled Saudi Arabia's execution of 81 people
On Saturday, the Saudi government killed 81 people in a single mass execution despite recent assurances from Crown Prince Mohammed bin Salman that Saudi Arabia was making important legal reforms. The deaths provide a glimpse at what Saudi justice looks like now that MBS has been emboldened by Western governments that have failed to hold him accountable for the killing of Saudi dissident and journalist Jamal Khashoggi, as well as numerous other crimes and abuses.
Here's a Vice headline for you: 'We took millions to improve the image of a murderous dictator'
Saudi Crown Prince Mohammed bin Salman in Jiddah, Saudi Arabia, on Dec. 4, 2021. (Bandar Aljaloud/Saudi Royal Palace via AP) Abdullah Alaoudh is director of research for the Gulf region at Democracy for the Arab World Now (DAWN) and general secretary of the National Assembly Party. John Hursh is the program director of DAWN and a visiting scholar at the Center for Human Rights and Humanitarian Studies at Brown University.
Biden's Middle East policy is just sugar-coated business as usual – Responsible Statecraft
The president’s actions speak louder than his lofty rhetoric on democracy and human rights, as autocrats cash in. U.S. foreign policy in the Middle East has proved to be business as usual for the Biden administration, though superficially presented as a break from the Trump administration’s embrace of the region’s authoritarian leaders. Biden has also stressed democracy and the rule of law as the linchpin of the United States’ contest with China, Russia, and the global rise of authoritarianism.
Djibouti: What Guelleh Missed in Trying to Turn Djibouti Into the "Singapore of Africa"
With only a few exceptions, states have needed a minimum level of freedom and commitment to rule of law for sustained economic success. On 9 April, Djibouti's President Ismail Omar Guelleh won a fifth term in office with 97% of the vote. He effectively ran uncontested after the opposition decided to boycott the election, but the result had never been in doubt.
African Arguments
With only a few exceptions, states have needed a minimum level of freedom and commitment to rule of law for sustained economic success. President Guelleh oversees the inauguration of the Djibouti International Free Trade Zone in 2018. Credit: Paul Kagame. On 9 April, Djibouti’s President Ismail Omar Guelleh won a fifth term in office with 97% of the vote. He effectively ran uncontested after the opposition decided to boycott the election, but the result had never been in doubt.
African Arguments
DijboutiEconomyPoliticsTop story What Guelleh missed in trying to turn Djibouti into the “Singapore of Africa” With only a few exceptions, states have needed a minimum level of freedom and commitment to rule of law for sustained economic success. On 9 April, ... Since removal of sanctions, Sudan’s economy has actually got worse Sanctions held back Sudan’s economy, but not nearly as much as the government’s own policies. On 6 October, the US government announced that it would revoke ...
Leaving the War in Yemen: The Mostly Good, the Bad, and the Muddled
President Joe Biden recently announced three decisions that significantly reshape U.S. foreign policy toward Saudi Arabia and the role of the U.S. military in Yemen’s protracted and complex civil war. These decisions also provide the first example of how Biden will assess the provision of U.S. military support during an armed conflict and how his administration will weigh humanitarian concerns and human rights with military and strategic objectives.
Ethiopia’s Tigray Crisis: Escalating Violence and Mass Displacement Threaten Ethiopian and Regional Security
On Nov. 4, simmering political tension turned into armed conflict in northern Ethiopia, as fighting broke out between the government and the Tigray People’s Liberation Front (TPLF), a powerful political party and armed group that controls the Tigray region in northern Ethiopia. The conflict has already claimed hundreds of lives and displaced thousands more, including more than 40,000 refugees who have fled across the Ethiopian border into eastern Sudan.
Let’s Make a Deal: How to Mitigate the Risk of Hypersonic Weapons
Hypersonic weapons, and particularly hypersonic cruise missiles, sound terrifying. They can travel at Mach 5 speed—five times the speed of sound or more than 3,800 miles per hour—or faster, and have great maneuverability, making detection and intercept extremely difficult. Hypersonic weapons likely would surpass any existing missile defense technology and could reach nearly any coordinate on Earth within 30 minutes.
Sudan Takes Two Big Steps toward Normalizing Relations: USS Cole and Bashir
Sudan’s transitional government took two significant steps toward improving its international standing and normalizing relations with the United States by first agreeing for ousted president Omar al-Bashir to “appear” before the International Criminal Court (ICC) and then reaching a settlement agreement on Feb. 7 with the victims of the 2000 USS Cole bombing in Yemen.
“Freedom, Peace, and Justice”: The Surprising Success of Sudan’s Glorious Revolution
What a difference a year makes. Today marks the one-year anniversary of the first protests that would eventually topple the brutal dictatorship of Sudanese President Omar al Bashir. Marked by corruption and violence, Bashir ruled Sudan for 30 years after a 1989 military coup brought him to power.
After Sudan's Attacks on Protesters, Crucial Next Steps for the U.S.
(Editor’s note: This is the second of two articles on the Sudan security forces’ June 3 attacks on peaceful demonstrators and what may happen next. The first article detailed how Sudan’s Transitional Military Council used an authoritarian playbook to plan and execute the massacre, which killed at least 118 people.
As Sudan Deadline Looms, a Playbook for a Massacre
(Editor’s note: This is the first of two articles on the Sudan security forces’ June 3 attacks on peaceful demonstrators and what may happen next.
Amid Protest Plans, South Sudan Peace Deal Teeters After Leaders Miss Deadline
Youth groups in South Sudan have called for nationwide demonstrations on May 15, in response to the recent announcement that the two sides in the country’s civil war extended their May 12 deadline to form a transitional unity government, contravening a key requirement of the September 2018 “revitalized” peace agreement. The delays in implementing the peace plan and the government’s heavy-handed response to the planned protests risk a new cycle of violence.
After Bashir, Sudanese People Continue Fight for Democracy and Accountability
Just over two weeks have passed since the ouster of Sudan President Omar al-Bashir, ending his nearly 30-year rule. Following his removal on April 11, a Transitional Military Council assumed control of the government and called for a two-year transitional period.
The Early Edition: April 15, 2019
Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. BORDER SECURITY AND IMMIGRATION President Trump’s proposal to release detained undocumented immigrants into so-called “sanctuary cities” yesterday seemed more likely, despite categorical dismissal by the administration just days ago.
Climate Change and Arctic Security: Five Key Questions Impacting the Future of Arctic Governance
The day-to-day news cycle focuses on critically important national security issues, such as North Korea saber rattling, the ongoing Russia investigation, or whatever else happens to be the national security topic du jour. This flood of daily national security news makes it difficult to take a step back from the day-to-day news cycle and look at the broader security and geopolitical trends that are taking place—but that is exactly what climate change and its corresponding security impacts demand.
The International Criminal Court Decision on Afghanistan: Time to Start a New Conversation
I did not anticipate waking up Friday morning to news that an International Criminal Court (ICC) Pre-Trial Chamber had rejected the Prosecutor’s request to authorize an investigation of the situation in Afghanistan. But reality comes at you fast. The Court’s Pre-Trial Chamber II decided that an investigation into the situation in Afghanistan “at this stage would not serve the interests of justice.” Notably, the decision was unanimous. Words like “stunned” and “astounded” are filling the internet.
Recap of Recent Pieces on Just Security (April 8-12)
We are a forum on law, rights, and U.S. national security. You can follow on Twitter @just_security
Julian Assange and Omar al-Bashir: What Comes Next for Two Global Fugitives?
Yesterday was a breathtaking one for global criminal justice. First, British police arrested Julian Assange at the Ecuadorian embassy in London and then, just hours later, the Sudanese military arrested President Omar al-Bashir, ending his almost thirty-year reign there. Both men were fugitives; the United States has indicted Assange for conspiracy to commit computer intrusion while the International Criminal Court (ICC) wants al-Bashir for genocide, crimes against humanity, and war crimes.
The ICC’s Afghanistan Decision: Bending to U.S. or Focusing Court on Successful Investigations?
In a surprise decision, a Pre-Trial Chamber at the International Criminal Court (ICC) has rejected the Prosecutor’s request, filed nearly 18 months ago, to open an investigation of war crimes and crimes against humanity in Afghanistan, including of allegations that U.S. forces and the CIA committed acts of torture there.
National Security at the United Nations This Week
Editors’ Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security, human rights, and the rule of law. ICC rejects request to open investigation into the situation in Afghanistan On April 5, the United States revoked the entry visa for Fatou Bensouda, the International Criminal Court’s (ICC) prosecutor.
How the Pentagon Made Transgender Rights Disappear
Disclaimer: The views expressed in this article are those of the author’s and do not reflect the views of the United States Military Academy, the United States Army, or the Department of Defense. A transgender woman serving in the military was permitted by her command to use the berthing, bathrooms, and showers reserved for women.
Ouster of Sudan’s Bashir Is Only the Beginning
After 30 years in power, Sudan President Omar al-Bashir is finally out. Earlier today, Sudan Minister of Defense Lt. Gen. Awad Mohammed Ibn Ouf announced that Bashir had been removed from office and arrested. Ibn Ouf also declared the dissolution of the presidency and cabinet, the suspension of the constitution, and the establishment of a two-year transitional military council. Sudan is now under a three-month state of emergency and a one-month curfew.
The U.S. Must Forcefully Oppose Blanket Amnesty for Civil War Atrocities in Guatemala
“All the people have disappeared.” So reads a declassified cable from the U.S. Embassy in Guatemala City, dated Dec. 28, 1982. The subject was an incident that occurred just weeks before, on or about Dec. 6, 1982, in the hamlet of Dos Erres in the northern panhandle of Guatemala, during the country’s nearly four-decade civil war.
“Just fall, that is all!” Is Sudan on the Brink of Change?
Sudan has entered the third month of widespread and sustained protests across the country, and there is now some indication that President Omar al-Bashir’s grip on power is weakening. Bashir has rejected calls to leave office and has remained defiant, but some trepidation is showing among his supporters. On Feb. 22, Bashir made his strongest move yet by declaring a year-long state of emergency and dissolving federal and state governments.
Is Time Already Running Out for South Sudan’s New Peace Deal?
South Sudan’s five-year civil war was supposed to end with the signing of a revitalized peace deal last year, but violence continues and the humanitarian situation remains bleak. The government and opposition now have five months to implement the agreement and form a transitional government, or risk another unraveling. On paper, the peace deal signed by South Sudanese President Salva Kiir and former Vice President-turned-armed opposition leader Riek Machar on Sept.
Update: The Military, the Mexican Border and Posse Comitatus
Last April, President Donald Trump announced, “We’re going to be guarding our border with the military” until congressional support for funding a U.S.-Mexico border wall can be secured. This led to the deployment of state National Guard personnel to the border. During this deployment, they are acting under state legal authorities (so called “Title 32” authorities, referencing the title in U.S. Code).
How Will Nikki Haley’s Resignation Affect U.S. Policy Towards Africa?
U.S. Ambassador to the United Nations Nikki Haley’s surprise resignation earlier this month led to a handful of predictable questions, including why was she resigning, why now, who would replace her, and of course, what Haley’s future plans might entail. The most discussed question was whether Haley was considering a run for the presidency in 2020, which she insisted she was not.
Will South Sudan’s New Peace Agreement Last?
There are some positive signs that South Sudan’s nearly five-year civil war is finally coming to an end. On September 12, South Sudan President Salva Kiir and opposition leader Riek Machar signed a revitalized peace agreement that, at least on paper, ends the violent conflict that has devastated the country. Kiir further bolstered hopes for lasting peace when he called for the immediate release of all opposition fighters and political prisoners last Friday.
Holding the Federal Government in Contempt of Court: What Powers Do Judges Have Over an Administration?
Within a day of the Trump administration’s January 27 travel order, a U.S. district court ordered Customs and Border Protection (CBP) to permit lawyers access to certain detainees at Dulles Airport. There have been allegations that CBP failed to comply with the order, prompting the Virginia attorney general to move that CBP show cause why it shouldn’t be held in contempt; the judge has denied that motion without prejudice.
The Deeper Lesson from Terrorist Expatriation Proposals
[Note: The following post is derived from remarks prepared for last Friday’s symposium on “Citizenship, Immigration and National Security After 9/11,” sponsored by the Fordham Law Review and the Center on National Security and the Law.] A common refrain after attempted or successful terrorist attacks by U.S. citizens is that such individuals should be expatriated—that part of the punishment they receive for their misconduct should include revocation of their citizenship.
Turkey, NATO’s Odd Man Out?
Attention at the NATO summit July 11-12 — and the subsequent Trump-Putin meeting in Helsinki on July 16, for that matter – will focus mainly on the American president’s adherence to alliance solidarity in the face of Moscow’s array of challenges. But a second controversy bubbles just under NATO’s surface: the degree to which an organization that sees itself as a values-driven collective as much as a security alliance can accommodate illiberal states among its members.
Detention of Migrant Families as “Deterrence”: Ethical Flaws and Empirical Doubts
Everyone knew that separating children was about deterrence, using them as pawns in a grownups’ game to send a message that those seeking to migrate to the United States should stay out. White House Chief of Staff John Kelly said family separation “could be a tough deterrent,” and then corrected himself. “Would be a tough deterrent,” he added.
France’s Creeping Terrorism Laws Restricting Free Speech
Should someone go to prison for calling terrorists “courageous” even though they also express fundamental disagreement with their ideology? France’s answer since the Charlie Hebdo attacks in 2015 has increasingly been: Yes.
Holding Migrant Children on Military Bases: What You Need to Know - Just Security
The Washington Post recently reported that the Trump administration is making preparations to hold migrant children on U.S. military bases while their parents are pending trial for illegal entry into the United States.
Deadlock: Despite U.S. Pressure, South Sudan Peace Process Remains Stalled
The Trump administration has taken an unexpectedly productive approach towards resolving South Sudan’s civil war, both through its own initiatives and through cooperative efforts with key states, international and regional organizations. Over the last several months, the administration has applied coordinated political and economic pressure on South Sudan leaders to reach a lasting peace agreement. Despite these efforts, the peace process remains stalled, even as atrocities continue.
Important Report by White House on National Security Due Soon
In December 2016, the U.S. Government released a “Report on the Legal and Policy Frameworks Guiding the United States’ Use of Military Force and Related National Security Operations.” This was an impressively collaborative effort involving lawyers and policymakers from across the national security parts of the Federal Government.
The Charging Mystery in the Russia Indictments-And Its Indication of What Comes Next in the Mueller Investigation
The special counsel’s indictment of Russian individuals and organizations brought campaign finance law for the first time into formal charges in the case. But this development came with a mystery. The indictment alleges facts that support charges of federal campaign finance law violations—such as the prohibition on foreign national contributions—but does not charge any such offenses.
Sudan: Since the Removal of Sanctions, Economy Has Actually Got Worse
analysis By John HurshSanctions held back Sudan's economy, but not nearly as much as the government's own policies. On 6 October, the US government announced that it would revoke the majority of economic sanctions imposed on Sudan. Many of them had been in place for two decades. Numerous governments, organisations, and commentators welcomed the decision.
Sudan: Since the Removal of Sanctions, Economy Has Actually Got Worse
Photo: AMAMedia/Al Jazeera By 10am, the unforgiving morning sun begins to beat down on the dusty streets and mud huts of Hai Gabat, a neighbourhood in the east of Juba, South Sudan‘s capital. Sam, a 45-year-old water seller from Uganda, has been up for four hours. He is busy securing the last of six jerrycans on to the rusty frame of his old, heavy bicycle. analysis By John HurshSanctions held back Sudan's economy, but not nearly as much as the government's own policies.
Since removal of sanctions, Sudan's economy has actually got worse - African Arguments
On 6 October, the US government announced that it would revoke the majority of economic sanctions imposed on Sudan. Many of them had been in place for two decades. Numerous governments, organisations, and commentators welcomed the decision. Sudan expert Alex de Waal called the move “long overdue”, while UN Special Rapporteur Idriss Jazairy noted the negative effect sanctions had had on Sudan’s vulnerable populations. Many in Sudan also celebrated the announcement.
Sanctions No More: Slouching Toward Normalization with Sudan?
October and November saw major shifts in U.S. foreign policy towards Sudan, despite the Sudanese government’s abysmal human rights record and the International Criminal Court’s outstanding arrest warrants for Sudanese President Omar al-Bashir. Although a normalization of bilateral relations is not imminent, these shifts suggest that Sudan now has a path towards realizing this goal.
Not So Fast: Trump Administration Continues U.S. Sanctions Toward Sudan
After months of speculation, the Trump administration has decided that the current U.S. sanctions against Sudan will remain in place – at least for now. The State Department announced on July 11 that it would postpone the decision concerning the future of the sanctions. It said it needed more time to review the Sudanese government’s actions pursuant to Executive Order 13761, which President Obama signed on January 13 during his final days in office.
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 9-June 16)
Sign up here to receive Norms Watch in your inbox each Friday. POLITICAL VIOLENCE AND ITS RESPONSE In response to the shooting of a Republican lawmaker, some point the figure at Democratic rhetoric and call for more guns in DC. Congressman Steve Scalise Shot in Alexandria, Virginia Congressman Steve Scalise (R-La.) and three others were shot on Wednesday when a gunman opened fire at the Republican congressional baseball team’s practice session in Alexandria, Virginia.
Regional Leaders Must Prioritize Accountability in South Sudan
East African heads of state and foreign ministers gathered in Ethiopia on June 12 to address the ongoing humanitarian and security crisis in South Sudan. While the discussion centered on reaching a ceasefire and improving humanitarian assistance, political leaders missed an important opportunity to support the establishment of a Hybrid Court for South Sudan, as required by the 2015 peace agreement.
Army Chief is Fired in South Sudan: A Turning Point for Peace?
South Sudan President Salva Kiir surprised both South Sudanese citizens and regional analysts by firing Army Chief of Staff Paul Malong — arguably the most divisive public figure in South Sudan — on May 9. Known as “King Paul,” Malong has exerted enormous influence on the country’s political and military affairs. He is especially popular among hardliners of the majority Dinka ethnic group, of which Kiir and Malong both belong.
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