Books by John D . Ciorciari
Stanford University Press, 2021
In fragile states, domestic and international actors sometimes take the momentous step of sharing... more In fragile states, domestic and international actors sometimes take the momentous step of sharing sovereign authority to provide basic public services and build the rule of law. While sovereignty sharing can help address gaps in governance, it is inherently difficult, risking redundancy, confusion over roles, and feuds between partners when their interests diverge.
In Sovereignty Sharing in Fragile States, John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success.
This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law—the heart of a well-governed state.
University of Michigan Press, 2014
More than thirty years after the fall of the Pol Pot regime, a UN-backed tribunal, fusing Cambodi... more More than thirty years after the fall of the Pol Pot regime, a UN-backed tribunal, fusing Cambodian and international law, procedure, and personnel, was established to try key Khmer Rouge officials for atrocities committed in the late 1970s. In this definitive scholarly treatment of the “Extraordinary Chambers in the Courts of Cambodia” (ECCC) from legal and political perspectives, John D. Ciorciari and Anne Heindel examine the ECCC’s institutional features, compare it to other hybrid and international criminal courts, evaluate its operations, and draw lessons for the future.
Georgetown University Press, 2010
The Limits of Alignment is an engaging and accessible study that explores how small states and mi... more The Limits of Alignment is an engaging and accessible study that explores how small states and middle powers of Southeast Asia ensure their security in a world where they are overshadowed by greater powers. John D. Ciorciari challenges a central concept in international relations theory—that states respond to insecurity by either balancing against their principal foes, "bandwagoning" with them, or declaring themselves neutral. Instead, he shows that developing countries prefer limited alignments that steer between strict neutrality and formal alliances to obtain the fruits of security cooperation without the perils of undue dependency.
Ciorciari also shows how structural and normative shifts following the end of the Cold War and the advent of U.S. primacy have increased the prevalence of limited alignments in the developing world and that these can often place constraints on U.S. foreign policy. Finally, he discusses how limited alignments in the developing world may affect the future course of international security as China and other rising powers gather influence on the world stage.
Edited Volumes by John D . Ciorciari
University of Michigan Press, 2021
The Courteous Power seeks to provide a nuanced view of the current relationship between Japan and... more The Courteous Power seeks to provide a nuanced view of the current relationship between Japan and Southeast Asia. Much of the current scholarship on East-Southeast Asian engagement has focused on the multidimensional chess game playing out between China and Japan, as the dominant post-imperialist powers. Alternatively, there has been renewed attention on ASEAN and other Southeast Asian centered initiatives, explicitly minimizing the influence of East Asia in the region. Given the urgency of understanding the careful balance in the Indo-Pacific region, this volume brings together scholars to examine the history and current engagement from a variety of perspectives, ranging from economic and political, to the cultural and technological, while also focusing more clearly on the specific relationship between the region and Japan.
Documentation Center of Cambodia, 2009
This book examines the Extraordinary Chambers in the Courts of Cambodia (ECCC), often called the ... more This book examines the Extraordinary Chambers in the Courts of Cambodia (ECCC), often called the "Khmer Rouge Tribunal." We decided to prepare the book on the third anniversary of the ECCC's creation, because the tribunal was originally established with a three-year mandate and funding. We use this opportunity to take stock of the progress at the tribunal and to offer recommendations that we hope will be helpful as the process continues. We begin with an overview of the tribunal's history and features. We then assess its progress to date, focusing on its jurisprudence, administration, and engagement of survivors of the Pol Pot years. Finally, we comment on its role in the broader process of reconciliation. This volume is part of our longstanding effort at the Documentation Center of Cambodia (DC-Cam) to promote historical memory and justice in a country that has only begun to emerge from the torment of the Khmer Rouge tragedy. In the course of preparing this volume, we benefitted from the opportunity to interact regularly with officials from the ECCC, the Royal Government of Cambodia, the Tuol Sleng Genocide Museum, supporting international states and organizations, non-governmental groups, and many ordinary survivors of Democratic Kampuchea. We are also grateful to a number of scholars and officials for their comments and insights. Dara Vanthan and Kosal Path provided useful guidance on issues in Chapters 1 and 2, and Joanna Geneve contributed to Chapter 3. Comments and insights from Tracey Gurd, Heather Ryan, Panhavuth Long, Douglas Gillison, Robbie Corey-Boulet, and Erika Kinetz helped prepare Chapter 4. George Cooper generously reviewed Chapter 5, and Craig Etcheson provided expert comments on Chapter 6. Elizabeth Do, Rehan Abeyratne and Spencer Cryder also helped edit the manuscript. Yvonne Wong designed the book and was invaluable in preparing it for publication. Any remaining errors are ours. Lastly, we owe thanks to the Swedish International Development Agency and the U.S. Agency for International Development, which provided generous grants to make this project and many other activities at DC-Cam possible. We hope that the finished product justifies the generosity of our donors and the scholars and experts who assisted us. Above all, we hope it honors the victims and survivors of the Khmer Rouge tragedy.
International Development Cooperation Agency also provided core funds enabling this and other DC-... more International Development Cooperation Agency also provided core funds enabling this and other DC-Cam projects. The Legal Training Project aims to educate Cambodians about transitional justice and human rights to help develop a stronger rule of law in the country. The upcoming trials of former Khmer Rouge officials will be the most highly publicized legal events in modern Cambodian history and present tremendous opportunities to advance the interrelated goals of justice, reconciliation, and national development. However, the tribunal will deliver its potential contribution only if Cambodians are able to follow and understand the process. The Legal Training Project-part of DC-Cam's longterm commitment to legal education-seeks to ensure that observers at home and abroad learn from the trials, critique them, and draw meaningful lessons for future legal reform and practice. As part of the Legal Training Project, DC-Cam has conducted a series of training courses in Phnom Penh to teach rising leaders of Cambodian government, academia, non-governmental organizations, and the media about human rights law. In 2004, the Center organized a six-week course introducing participants to the basic principles of international criminal law and procedure. In 2005, DC-Cam hosted three two-week courses focusing on defendants' rights and the role of defense counsel in Cambodian criminal courts and the Khmer Rouge Tribunal. In connection with those courses, DC-Cam has also produced a set of written course materials in English and Khmer explaining the basic principles of transitional justice and international criminal law and discussing how they may apply to Cambodia. The course materials include summaries and outlines of major topics, as well as excerpts from relevant cases, statutes, and treaties. By making these materials avail-4 able to interested Cambodian and international law students, attorneys, and university instructors, the Center seeks to educate members of the legal community about the tribunal process and related subjects. One of the dark legacies of the Khmer Rouge regime was its systematic attack on Cambodian intellectuals, which left the country with a limited number of lawyers. Without a sizeable corps of well trained advocates, it is difficult for a society to develop a real rule of law and to move toward a more just and democratic future. We hope that this volume-which will also be translated and published in the Khmer language-will help in training tomorrow's Cambodian lawyers and civil society leaders. Of course, the vast majority of Cambodians are unable to attend detailed legal training courses. This edited volume is directed toward a broader public audience and constitutes an additional element of the Legal Training Project. It attempts to clarify some of the most important legal and political issues surrounding the Khmer Rouge Tribunal without undue reference to technical legal jargon. The authors discuss the history and political context of legal proceedings against former Khmer Rouge officials, the key legal and procedural features of the prospective tribunal, the types of evidence available, and the trials' potential contribution to justice and reconciliation. We are grateful for the assistance of DC-Cam's Director, Youk Chhang, and the Center's knowledgeable and dedicated staff in preparing this book for publication. Dara P. Vanthan, head of DC-Cam's Accountability Team and outreach efforts, contributed expertise on Cambodian criminal law and the application of international legal principles in Cambodia. Wynne Cougill helped to edit the volume, as did several DC-Cam staff members.
Hoover Institution Press, 2009
The Federal Reserve is the single most important economic policy institution in the United States... more The Federal Reserve is the single most important economic policy institution in the United States. This spring the two of us and the ten other authors of this book came together to present and to discuss our views about the future of the Fed. The catalyst for our meeting was the series of unprecedented actions and interventions taken by the Fed relating to the financial crisis. The Fed created new lending facilities for banks and primary dealers, bought part of the Bear Stearns portfolio, infused funds into AIG, purchased assets backed by mortgages, student loans, and credit cards, loaned to foreign central banks, intervened in the commercial paper market, and bought long-term government bonds. By taking these actions the Fed exploded its balance sheet and raised serious concerns in many quarters about inflation, as well as the independence and effectiveness of the Fed.
In this book we and our coauthors address these concerns. We differ in our assessments and our proposals, but we have a common purpose: to understand how the Fed arrived at this unusual juncture, how it can best navigate the road ahead, and
how the road itself can be designed to reduce the likelihood of crisis-driven interventions in the future. Moreover, although each author wrote individually, the chapters were put together following our meeting to reflect other views and to integrate them in a logical exposition.
Articles, Chapters and Working Papers by John D . Ciorciari
The Deer and The Dragon: Southeast Asia and China in the 21st Century, 2020
This chapter appears in an edited volume by Don Emmerson regarding China's relations with Southea... more This chapter appears in an edited volume by Don Emmerson regarding China's relations with Southeast Asia. It examines how mainland Southeast Asia's vulnerable distance, geographically and politically, from the United States has rendered the sub-region particularly vulnerable to high levels of Chinese influence.
Asian Survey, 2021
In 2020, Cambodia experienced its sharpest economic contraction in more than a quarter-century as... more In 2020, Cambodia experienced its sharpest economic contraction in more than a quarter-century as COVID-19 crippled its tourism industry, hampered foreign investment, and reduced demand for exports from its crucial garment and textile sectors. Wary of simmering popular unrest, the government of long-serving Prime Minister Hun Sen sought to support the battered economy with one hand while stifling domestic political dissent with the other. Domestic crackdowns brought further erosion of Cambodia’s ties with the European Union, and relations with the United States and some Southeast Asian neighbors remained tense as Cambodia drifted closer into a dependent relationship with China.
International Peacekeeping, 2020
Bolstering basic law enforcement is a major aim of most contemporary peacekeeping missions. In so... more Bolstering basic law enforcement is a major aim of most contemporary peacekeeping missions. In some cases, when local police forces have failed, governments have allowed international personnel to step into the breach and share law enforcement authority with the state. These ‘sovereignty-sharing’ ventures have had two prime mandates – to provide effective stopgap security and strengthen domestic police institutions. This article argues that external actors sometimes have provided useful emergency services, largely through paramilitary policing, but have struggled greatly to model effective general law enforcement and embed durable domestic reforms. A major reason is that most joint policing ventures have been built on precarious political foundations. Although national and international interests sometimes have converged amid security crises, the partners’ commitments generally have waned or diverged regarding ordinary community policing and institutional reform. This has contributed to ambiguous agreements and undermined cooperation in the field, as well as efforts to embed sustainable domestic reform.
Asian Survey, 2020
In 2019, Cambodia saw long-ruling Prime Minister Hun Sen tighten his grip on power. Economic grow... more In 2019, Cambodia saw long-ruling Prime Minister Hun Sen tighten his grip on power. Economic growth continued, but with rising risks related to a real estate bubble, mounting debt, and yawning social inequality. Externally, Cambodia deepened its dependency on China, insulating the Hun Sen regime in some respects but contributing to new vulnerabilities.
International Relations of the Asia-Pacific, 2019
Governments often adopt hedging strategies to mitigate risks they face in international affairs. ... more Governments often adopt hedging strategies to mitigate risks they face in international affairs. They hedge in the conventional, financial sense of the term by seeking to offset risks in global markets. They also adopt strategies to hedge against international security hazards by preserving strategic ambiguity, forging limited security alignments, and cultivating modest self-protection in case potential threats materialize. Both types of hedging typically are seen as prudent behavior. However, hedging strategies sometimes fail. Risks can be difficult to calculate, and the measures needed to hedge against them can be costly. Hedging international security risks can be particularly challenging, as governments sometimes lack access to adequate protective options at any price. This article illustrates the argument with two contrasting cases: relatively successful Southeast Asian hedging against the risk of financial calamity after the 1997 crisis and less effective efforts by some of the same states to hedge against the security risk of Chinese encroachment in the South China Sea.
International Relations of the Asia-Pacific, 2019
Journal of Intervention and Statebuilding, 2018
Contracting out what are traditionally regarded as core sovereign functions is an iconic example ... more Contracting out what are traditionally regarded as core sovereign functions is an iconic example of governance in areas of limited statehood. When national political authorities share sovereign authority with external actors, at least two key questions arise. First, when will such arrangements be accepted as legitimate? Second, how can they boost the capacity and legitimacy of state institutions? We argue that the dominant source of external actors’ legitimacy will be their performance. External actors that perform well can help create ‘islands of excellence’ in the domestic system that can raise the effectiveness and legitimacy of other local institutions. However, this type of virtuous cycle is rare and depends on external, domestic elite, and public support – a formula not easily achieved. We illustrate these arguments with several brief case studies.
Aspirations with Limitations: Indonesia's Foreign Affairs under Susilo Bambang Yudhoyono, 2018
Contemporary Southeast Asia, 2017
For half a century the Association of Southeast Asian Nations
(ASEAN) has helped shape regional i... more For half a century the Association of Southeast Asian Nations
(ASEAN) has helped shape regional interactions with the Great
Powers including the United States, the Soviet Union and a rising
China. ASEAN has furnished spaces for diplomacy, spoken with
a collective voice for its constituent members and generated
regional norms and practices that incentivize and constrain Great
Power behaviour. ASEAN’s role in mediating Great Power relations
has evolved considerably from its birth to middle age, as the
dynamics among major external actors have changed and the degree
of unity among its members has waxed and waned. In the
Association’s early years, Great Power politics spurred ASEAN
towards stronger cohesion and effectiveness as members adapted
to Anglo-American withdrawals and closed ranks to ward off the
common threat of communism. Over time, a larger and more diverse
membership and the centrifugal pull arising from Sino–American
competition have made the task of building and maintaining unity
within ASEAN increasingly difficult. After fifty years of efforts to
stitch together a robust regional organization, ASEAN appears to be
tearing at the seams.
Security Studies, 2016
While the existing literature emphasizes that elites often have incentives to pander to nationali... more While the existing literature emphasizes that elites often have incentives to pander to nationalist sentiment, much less attention has been paid to elite efforts to subdue popular nationalism, either to avoid domestic instability or international escalation. This article examines how different governments respond to nationalist protests and the resulting effects on the risk that interstate disputes will escalate to armed conflict. We argue that government responses to nationalist protests tend to vary in patterned ways across regime types. Nationalist protests present particular dangers in weakly institutionalized democracies, where demonstrations often pose serious threats of instability but are difficult or costly for the government to subdue, tempting or forcing leaders to escalate to appease domestic critics. We illustrate the theory with four cases representing a range of regime types: Vietnam, Cambodia, Thailand, and the Philippines.
Forthcoming, Virginia Journal of International Law, Vol. 56, No. 2, 2016
Whether they appear as witnesses, victim participants, or civil parties in mass crimes proceeding... more Whether they appear as witnesses, victim participants, or civil parties in mass crimes proceedings, victims can contribute vital evidence and insight bearing on the guilt or innocence of the accused. Their testimony can contribute to the truth-telling function of the process, and under some circumstances, may help them cope with trauma. However, victim testimony can also lead to re-traumatization and compromise the fairness or efficiency of the judicial process if emotional distress undermines its relevance, credibility, or focus. Inherent tensions exist, because the aspects of the courtroom experience that tend to threaten victims—such as pointed questioning and cross-examination on the details of painful events—are essential for a fair trial. This article discusses some of the benefits and challenges of engaging victims in international and hybrid criminal trials and examines how these issues have been addressed in the courtroom. We devote particular attention to the hybrid Extraordinary Chambers in the Courts of Cambodia (ECCC), a UN-backed court established to address crimes of the Pol Pot era, which has tried to facilitate victim testimony through formal procedures and informal trial management strategies. These include two important innovations in international criminal justice—special “victim impact hearings” and “statements of suffering,” both of which allow civil parties to describe harms they endured under Khmer Rouge rule before judgment. We argue that while effective trial management and innovative strategies can help reduce the tension between survivors’ interests and the rights of the accused, the ECCC’s experience reinforces the difficulty of promoting victim narratives in the context of criminal trials.
Rising China's Influence in Developing Asia, 2016
International Relations of the Asia-Pacific, 2015
Despite extensive economic ties and political engagement throughout Asia and sizable investment i... more Despite extensive economic ties and political engagement throughout Asia and sizable investment in some of the region's most vulnerable regimes, China has yet to develop a stable of devoted client states. This article argues that both strategic and normative factors militate against China's cultivation of strong patron–client pacts. The article then uses the case of Cambodia to illustrate these arguments, analyzing how that partnership has developed and its important limitations.
Uploads
Books by John D . Ciorciari
In Sovereignty Sharing in Fragile States, John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success.
This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law—the heart of a well-governed state.
Ciorciari also shows how structural and normative shifts following the end of the Cold War and the advent of U.S. primacy have increased the prevalence of limited alignments in the developing world and that these can often place constraints on U.S. foreign policy. Finally, he discusses how limited alignments in the developing world may affect the future course of international security as China and other rising powers gather influence on the world stage.
Edited Volumes by John D . Ciorciari
In this book we and our coauthors address these concerns. We differ in our assessments and our proposals, but we have a common purpose: to understand how the Fed arrived at this unusual juncture, how it can best navigate the road ahead, and
how the road itself can be designed to reduce the likelihood of crisis-driven interventions in the future. Moreover, although each author wrote individually, the chapters were put together following our meeting to reflect other views and to integrate them in a logical exposition.
Articles, Chapters and Working Papers by John D . Ciorciari
(ASEAN) has helped shape regional interactions with the Great
Powers including the United States, the Soviet Union and a rising
China. ASEAN has furnished spaces for diplomacy, spoken with
a collective voice for its constituent members and generated
regional norms and practices that incentivize and constrain Great
Power behaviour. ASEAN’s role in mediating Great Power relations
has evolved considerably from its birth to middle age, as the
dynamics among major external actors have changed and the degree
of unity among its members has waxed and waned. In the
Association’s early years, Great Power politics spurred ASEAN
towards stronger cohesion and effectiveness as members adapted
to Anglo-American withdrawals and closed ranks to ward off the
common threat of communism. Over time, a larger and more diverse
membership and the centrifugal pull arising from Sino–American
competition have made the task of building and maintaining unity
within ASEAN increasingly difficult. After fifty years of efforts to
stitch together a robust regional organization, ASEAN appears to be
tearing at the seams.
In Sovereignty Sharing in Fragile States, John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success.
This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law—the heart of a well-governed state.
Ciorciari also shows how structural and normative shifts following the end of the Cold War and the advent of U.S. primacy have increased the prevalence of limited alignments in the developing world and that these can often place constraints on U.S. foreign policy. Finally, he discusses how limited alignments in the developing world may affect the future course of international security as China and other rising powers gather influence on the world stage.
In this book we and our coauthors address these concerns. We differ in our assessments and our proposals, but we have a common purpose: to understand how the Fed arrived at this unusual juncture, how it can best navigate the road ahead, and
how the road itself can be designed to reduce the likelihood of crisis-driven interventions in the future. Moreover, although each author wrote individually, the chapters were put together following our meeting to reflect other views and to integrate them in a logical exposition.
(ASEAN) has helped shape regional interactions with the Great
Powers including the United States, the Soviet Union and a rising
China. ASEAN has furnished spaces for diplomacy, spoken with
a collective voice for its constituent members and generated
regional norms and practices that incentivize and constrain Great
Power behaviour. ASEAN’s role in mediating Great Power relations
has evolved considerably from its birth to middle age, as the
dynamics among major external actors have changed and the degree
of unity among its members has waxed and waned. In the
Association’s early years, Great Power politics spurred ASEAN
towards stronger cohesion and effectiveness as members adapted
to Anglo-American withdrawals and closed ranks to ward off the
common threat of communism. Over time, a larger and more diverse
membership and the centrifugal pull arising from Sino–American
competition have made the task of building and maintaining unity
within ASEAN increasingly difficult. After fifty years of efforts to
stitch together a robust regional organization, ASEAN appears to be
tearing at the seams.
work continues, its first seven years of operations provide an opportunity to evaluate its performance and judge the extent to which legal and institutional experiments at the ECCC have been successful to date. This Article will show that, in general, the ECCC’s most unique and unprecedented features have been among the most problematic, providing useful lessons to help guide the reform and design of future mass crimes proceedings.
measures to deal with legacies of gross human rights violations. For
those measures to be effective, courts, commissions, victims and their
representatives, and the general public need access to official records
and archives. Archival materials can shed light on specific acts of
abuse, as well as the larger patterns of violence or repression in which
those acts were embedded. In addition to domestic government
archives, the classified records of “third countries”—states outside the
jurisdiction in which a particular crime occurred—can be crucial in
advancing truth and accountability. Nevertheless, the law seldom
requires third countries to share their secret files, and voluntary
disclosure remains relatively rare. This constitutes an important weak
link in the international human rights regime.
In this article, we argue for enhanced third-country disclosure
of human rights files. We argue both for enhanced voluntary
declassification and stronger legal norms to mandate the release of
information about gross human rights violations, emphasizing the role
of civil society organizations in driving both forms of disclosure. We
use examples from Latin America and elsewhere to show the power of
declassified U.S. documents and other third-country records to
elucidate specific crimes and the bureaucratic systems and
international cooperation behind them. We discuss the case of Libya to
demonstrate the need for similar disclosure to illuminate abuses in the
Middle East and North Africa and other regions suffering from
droughts in truth and accountability. We then consider the benefits of
disclosure to third countries and some means of addressing their
national security and diplomatic concerns. We conclude by examining
pathways for the development of stronger legal norms on third-country
disclosure going forward.
First, the Cambodian example highlights the importance of engaging local
civil society to play a central role in truth and reconciliation initiatives.
Where, as in Cambodia, political elites prioritize the maintenance and
growth of their own power, they tend to subordinate certain truths and pursue
a shallow form of reconciliation that privileges their narrow interests.
The needs of ordinary survivors are often sidelined. Though civil society
has fewer resources and less formal power and authority than the government
and international institutions in organizing truth and reconciliation initiatives,
it often has the advantage of being more responsive to societal
interests. It also tends to be less encumbered by the political gridlock generated
by competition among domestic political parties and international
actors. Local non-governmental organizations (NGOs) are particularly well
positioned to assess and address survivors' needs.