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"Extradition Cases"
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Deport deprive extradite : 21st century state extremism
\"The extradition of terror subjects reveals who is considered to be human--and who is not. When Minh Pham was extradited from Britain to the US to face terrorism related charges, his appeal against the deprivation of his British citizenship was still pending. Soon after he arrived, his appeal was lost and he was effectively made stateless. Pham's story is one of the many in Deport, Deprive, Extradite that illustrates the perpetual enhancement of state power and its capabilities to expel. In looking at these stories of Muslim men accused of terrorism-related offenses, Nisha Kapoor exposes how these racialised subjects are dehumanized, made non-human, both in terms of how they are represented and via the disciplinary techniques used to expel them. She explores how the establishment of these non-humans enables the expansion of inhumanity more broadly, targeting Muslims, people of colour, immigrants and refugees. In asking what such cases illuminate and legitimate about precariousness and dispossession, she offers a radical analysis of the contemporary security state\"-- Provided by publisher.
Book
Analyzing protest mobilization on Telegram: The case of 2019 Anti-Extradition Bill movement in Hong Kong
Online messaging app Telegram has increased in popularity in recent years surpassing Twitter and Snapchat by the number of active monthly users in late 2020. The messenger has also been crucial to protest movements in several countries in 2019-2020, including Belarus, Russia and Hong Kong. Yet, to date only few studies examined online activities on Telegram and none have analyzed the platform with regard to the protest mobilization. In the present study, we address the existing gap by examining Telegram-based activities related to the 2019 protests in Hong Kong. With this paper we aim to provide an example of methodological tools that can be used to study protest mobilization and coordination on Telegram. We also contribute to the research on computational text analysis in Cantonese—one of the low-resource Asian languages,—as well as to the scholarship on Hong Kong protests and research on social media-based protest mobilization in general. For that, we rely on the data collected through Telegram’s API and a combination of network analysis and computational text analysis. We find that the Telegram-based network was cohesive ensuring efficient spread of protest-related information. Content spread through Telegram predominantly concerned discussions of future actions and protest-related on-site information (i.e., police presence in certain areas). We find that the Telegram network was dominated by different actors each month of the observation suggesting the absence of one single leader. Further, traditional protest leaders—those prominent during the 2014 Umbrella Movement,—such as media and civic organisations were less prominent in the network than local communities. Finally, we observe a cooldown in the level of Telegram activity after the enactment of the harsh National Security Law in July 2020. Further investigation is necessary to assess the persistence of this effect in a long-term perspective.
Journal Article
Solidarity and Implications of a Leaderless Movement in Hong Kong
In 2019, what began in Hong Kong as a series of rallies against a proposal to permit extraditions to mainland China grew into a raft of anti-authoritarian protests and challenges to Beijing’s grip on the city. Given the gravest political crisis confronting Hong Kong in decades, this research investigates why the protests have lacked centralized leaders and why the solidarity among the peaceful and militant protesters has been immense. This article also examines the strengths and limitations of this leaderless movement with different case studies. The authors argue that serious threats to the commonly cherished values in Hong Kong, amid the absence of stable and legitimate leaders in its democracy movement, underpinned the formation of a multitude of decentralized decision-making platforms that orchestrated the protests in 2019. Those platforms involved both wellknown movement leaders organizing conventional peaceful protests and anonymous activists crafting a diversity of tactics in ingenious ways, ranging from economic boycotts, human chains around the city, artistic protests via Lennon Walls, to the occupying of the international airport. The decentralized decisionmaking platforms, while having generated a boon to the movement with their beneficial tactical division of labor, also produced risks to the campaign. The risks include the lack of legitimate representatives for conflict-deescalating negotiations, rise in legitimacy-sapping violence, and susceptibility to underestimating the risks of various tactics stemming from a dearth of thorough political communication among anonymous participants who had different goals and degrees of risk tolerance. In short, Hong Kong’s anti-extradition movement in 2019 sheds light on the basis of leaderless movements, and on both the strengths and risks of such movements.
Journal Article
The Crossroads of Real-World Contingency in Qualitative Research: Challenges, Lessons and Resilience
The COVID-19 pandemic and other major contextual circumstances, including the aftermath of the Anti-Extradition Law Amendment Bill Movement in Hong Kong between 2019 and 2020, underline the necessity to reconsider contingency for qualitative researchers with local and transnational interests. These circumstances of contingency are complex and multi-layered. This article describes the experience of designing and conducting in-person field research on inclusive pedagogical practice with teachers in Hong Kong during the COVID-19 pandemic. The study utilised a multiple case study approach and adopted teacher interviews and lesson observations as primary sources of evidence. The article demonstrates that maintaining contextual sensitivity and methodological flexibility, as well as appreciating the contingent and ongoing nature of qualitative inquiry, are essential to upholding research rigour. The article concludes by discussing the need to recognise contingency as fundamental to real-world qualitative research. It argues that weaving contingency into the design and conduct of qualitative studies is therefore pivotal to capturing worthwhile evidence and contributing to robust knowledge.
Journal Article
Access to Asylum
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
eBook
Changing Repertoires of Contention in Hong Kong: A Case Study on the Anti-Extradition Bill Movement
The movement opposing the Extradition Law Amendment Bill ('faandeoi saudeng toufaan tiulai', below Anti-ELAB movement) in Hong Kong has reignited a new protest cycle after a period of abeyance following the 2014 Umbrella movement (UM). Back in February 2019, the HKSAR government put forward a proposal to amend existing ordinances to allow Hong Kong to detain and transfer fugitives to countries and territories where there is no formal extradition agreement, including mainland China. Although the bill, according to government officials, was triggered by a 2018 murder case in Taipei, public concern about the authorities' motivations gradually turned into contention inside and outside the Legislative Council (LegCo). After massive demonstrations in June 2019, unceasing waves of protests have expanded the imaginations and modes of political resistance among Hong Kong citizens. In terms of movement strategy, the organic combination of \"peaceful, rational, and non-violent\" ('woleifei') actions and \"militant\" ('jungmou') confrontations demonstrated an unanticipated evolution of the contentious repertoire of Hong Kong social movements. Indeed, this seemingly dramatic change emerged incrementally from a specific political context, rather than transforming rapidly.
Journal Article
Human Dignity, Identity Review of the European Arrest Warrant and the Court of Justice as a Listener in the Dialogue of Courts: Solange-III and Aranyosi
As long as the German Constitution remains in force, the German Federal Constitutional Court will enforce the Constitution's right to human dignity, law of the European Union notwithstanding. That is the key message of the court's historic 15 December 2015 decision on the European arrest warrant. Therefore, although the words as long as Solange do not appear in the text of the decision, it can still aptly be referred to as 'Solange-III'. Reprinted by permission of the T.M.C. Asser Press and Cambridge University Press. Please see www.journals.cambridge.org/jid_ECL for further details
Journal Article
Defending core values
Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates with the surrender of fewer persons. A case study of Britain confirms that human rights concerns may affect the willingness to extradite. Our findings have important implications for debates on the relationship between human rights and foreign policy as well as the fight against transnational crime.
Journal Article
When voting turnout becomes contentious repertoire: how anti-ELAB protest overtook the District Council election in Hong Kong 2019
Under what conditions can voting turnout be transformed into a contentious repertoire? Based on the two case studies of the Umbrella Movement and the Anti-Extradition Law Amendment Bill movement in Hong Kong, I compare how movement actors used the electoral arena to leverage their causes. I propose a new relationship between street and electoral politics – short-term mobilization that turns voting turnout into a contentious repertoire. I posit three necessary scope conditions for movements to perceive this electoral strategy as viable: (1) protest cycle precedes and/or overlaps with the electoral period, (2) election perceived to be competitive, and (3) closing of political opportunity window for street mobilization. I further argue that the tactics movements pursue in the electoral arena is conditional on the relationship between movement actors and political elites, and regime type. In democratic regimes where parties and elections are institutionalized and less volatile, movements are on a more solid ground to invest in a long-term electoral strategy with existing parties. Contrarily, electoral competition in authoritarian regimes tends to skew toward incumbent's advantage. Movement activists and political elites may seek short-term strategic mobilizations focusing on the election at hand rather than a long-term plan. This argument illuminates the common ground between collective action and voting, and thus bridging the two sets of literature for further engagement, as recent movements such as the Black Lives Matter and the Sunrise Movement in the United States and Navalny's anti-Putin movement in Russia are mobilizing their supporters to take on the electoral arena.
Journal Article
Between Aims and Execution: Value Trade-Offs in the Practical Implementation of the European Arrest Warrant?
The European Union (EU) increasingly develops and implements policies infused with salient and sometimes conflicting values – for instance, in migration and criminal law cooperation. However, policy implementation studies have not frequently considered how such complex value trade-offs may affect practical implementation within Member States. This article therefore quantitatively and temporally examines the practical implementation of an EU flagship criminal law measure: the simplified extradition system known as the European Arrest Warrant (EAW). Using data on EAWs decided upon by the Dutch Amsterdam District Court, we test the impact of value trade-offs by examining whether (newly introduced) safeguards for the protection of requested persons adversely affect system efficiency (measured through case turnover times). The results suggest that the design of legal tests and adjustments made to the EAW system over time through the Court of Justice of the European Union affect the balance between fundamental rights protection and efficiency in the practical implementation of the EAW.
Journal Article