Patricia Owens
- Published in print:
- 2007
- Published Online:
- May 2009
- ISBN:
- 9780199299362
- eISBN:
- 9780191715051
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299362.003.0009
- Subject:
- Political Science, Political Theory, International Relations and Politics
Arendt's apparent exclusion of violence from politics — her definitionally-enforced distinction — actually linked politics and war together in a historically and conceptually rich relationship. She ...
More
Arendt's apparent exclusion of violence from politics — her definitionally-enforced distinction — actually linked politics and war together in a historically and conceptually rich relationship. She criticized the dominant Western traditions of social and political thought for borrowing their models of politics from the realm of organised violence, of command and obedience. But it is her political thought that is deeply influenced by the enduring significance of war. It may be necessary now, more than ever, to learn how to think with Arendt, a time that has delivered us moral and political catastrophes, which while not exceeding her day, strongly resemble and are directly linked to those she directly confronted. Postcolonial conflicts, revolutions and occupations, wars of annihilation and crimes against humanity, anti-Semitism, Islamophobia, and accusations of Islamo-fascism — these are among the social forces relating and separating peoples and states through organised violence.Less
Arendt's apparent exclusion of violence from politics — her definitionally-enforced distinction — actually linked politics and war together in a historically and conceptually rich relationship. She criticized the dominant Western traditions of social and political thought for borrowing their models of politics from the realm of organised violence, of command and obedience. But it is her political thought that is deeply influenced by the enduring significance of war. It may be necessary now, more than ever, to learn how to think with Arendt, a time that has delivered us moral and political catastrophes, which while not exceeding her day, strongly resemble and are directly linked to those she directly confronted. Postcolonial conflicts, revolutions and occupations, wars of annihilation and crimes against humanity, anti-Semitism, Islamophobia, and accusations of Islamo-fascism — these are among the social forces relating and separating peoples and states through organised violence.
Jann K. Kleffner
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199238453
- eISBN:
- 9780191716744
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238453.001.0001
- Subject:
- Law, Public International Law
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against ...
More
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.Less
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
Peter Y. Medding (ed.)
- Published in print:
- 1999
- Published Online:
- October 2011
- ISBN:
- 9780195128208
- eISBN:
- 9780199854592
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195128208.001.0001
- Subject:
- History, History of Religion
How has the Jewish family changed over the course of the 20th century? How has it remained the same? How do Jewish families see themselves — historically, socially, politically, and economically — ...
More
How has the Jewish family changed over the course of the 20th century? How has it remained the same? How do Jewish families see themselves — historically, socially, politically, and economically — and how would they like to be seen by others? This volume presents a variety of perspectives on Jewish families coping with life and death in the twentieth century. It is comprised of symposium papers, essays, and review articles of works published on such fundamental subjects as the Holocaust, anti-Semitism, genocide, history, literature, the arts, religion, education, Zionism, Israel, and the Middle East. It will appeal to all students and scholars of the sociocultural history of the Jewish people, especially those interested in the nature of Jewish intermarriage and/or family life, the changing fate of the Orthodox Jewish family, the varied but widespread Americanization of the Jewish family, and similar concerns.Less
How has the Jewish family changed over the course of the 20th century? How has it remained the same? How do Jewish families see themselves — historically, socially, politically, and economically — and how would they like to be seen by others? This volume presents a variety of perspectives on Jewish families coping with life and death in the twentieth century. It is comprised of symposium papers, essays, and review articles of works published on such fundamental subjects as the Holocaust, anti-Semitism, genocide, history, literature, the arts, religion, education, Zionism, Israel, and the Middle East. It will appeal to all students and scholars of the sociocultural history of the Jewish people, especially those interested in the nature of Jewish intermarriage and/or family life, the changing fate of the Orthodox Jewish family, the varied but widespread Americanization of the Jewish family, and similar concerns.
Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
More
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Shafique N. Virani
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780195311730
- eISBN:
- 9780199785490
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195311730.001.0001
- Subject:
- Religion, Islam
“None of that people should be spared, not even the babe in its cradle”. With these chilling words, the Mongol warlord Genghis Khan declared his intention to destroy the Ismailis, one of the most ...
More
“None of that people should be spared, not even the babe in its cradle”. With these chilling words, the Mongol warlord Genghis Khan declared his intention to destroy the Ismailis, one of the most intellectually and politically significant Muslim communities of medieval Islamdom. The massacres that followed convinced observers that this powerful voice of Shi'i Islam had been forever silenced. Little was heard of these people for centuries, until their recent and dramatic emergence from obscurity. Today they exist as a dynamic and thriving community established in over twenty-five countries. Yet the interval between what appeared to have been their total annihilation, and their modern, seemingly phoenix-like renaissance has remained shrouded in mystery. This book probes the period from the dark days when the Ismaili fortresses in Iran fell one by one before the marauding Mongol hordes, to the emergence at Anjudan of the Ismaili Imams as the spiritual center of a community scattered across much of the Muslim world. The work explores the motivations, passions, and presumptions of historical actors while contemplating the esoteric worldview that animated the Ismailis and gave them the wherewithal to persevere. It explains how three aspects of Ismaili thought were crucial to the community's survival: taqiyya (precautionary dissimulation); the Ismaili da'wa, which literally means “summons”; and the soteriological dimension of the imamate and, in particular, of the role of the Imam of one's time in leading the adept to salvation and a mystical recognition of God.Less
“None of that people should be spared, not even the babe in its cradle”. With these chilling words, the Mongol warlord Genghis Khan declared his intention to destroy the Ismailis, one of the most intellectually and politically significant Muslim communities of medieval Islamdom. The massacres that followed convinced observers that this powerful voice of Shi'i Islam had been forever silenced. Little was heard of these people for centuries, until their recent and dramatic emergence from obscurity. Today they exist as a dynamic and thriving community established in over twenty-five countries. Yet the interval between what appeared to have been their total annihilation, and their modern, seemingly phoenix-like renaissance has remained shrouded in mystery. This book probes the period from the dark days when the Ismaili fortresses in Iran fell one by one before the marauding Mongol hordes, to the emergence at Anjudan of the Ismaili Imams as the spiritual center of a community scattered across much of the Muslim world. The work explores the motivations, passions, and presumptions of historical actors while contemplating the esoteric worldview that animated the Ismailis and gave them the wherewithal to persevere. It explains how three aspects of Ismaili thought were crucial to the community's survival: taqiyya (precautionary dissimulation); the Ismaili da'wa, which literally means “summons”; and the soteriological dimension of the imamate and, in particular, of the role of the Imam of one's time in leading the adept to salvation and a mystical recognition of God.
Henry Shue
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0002
- Subject:
- Political Science, International Relations and Politics
Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to ...
More
Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to sovereignty and non-intervention have always been tempered by considerations above and beyond the state. Philosophically, it must be remembered that sovereignty is a right, and the concept of a right makes no sense in the absence of a corresponding duty. The duties that are constitutive of the rights of sovereignty constrain the behaviour of every sovereign belonging to international society. Two conclusions follow. First, there are limits on how states may treat their own citizens within their own territory. Second, other states face specific limits concerning the ill-treatment of residents within the territory of other states that they are free to ignore. In particular, genocide and massive violations of human rights are a matter of concern for all states in contemporary international society.Less
Employs historical analysis and philosophical reasoning to argue that sovereignty is inherently limited. The writings of classical theorists such as Grotius and Vattel indicate that aspirations to sovereignty and non-intervention have always been tempered by considerations above and beyond the state. Philosophically, it must be remembered that sovereignty is a right, and the concept of a right makes no sense in the absence of a corresponding duty. The duties that are constitutive of the rights of sovereignty constrain the behaviour of every sovereign belonging to international society. Two conclusions follow. First, there are limits on how states may treat their own citizens within their own territory. Second, other states face specific limits concerning the ill-treatment of residents within the territory of other states that they are free to ignore. In particular, genocide and massive violations of human rights are a matter of concern for all states in contemporary international society.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0004
- Subject:
- Political Science, International Relations and Politics
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ...
More
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.Less
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.
Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following ...
More
This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following its first usage by Professor Raphael Lemkin in 1944 to describe Nazi atrocities during World War II. It details the early usages of the concept in subsequent criminal trials of Nazi offenders, as well as the definition of genocide in the 1948 Genocide Convention. It also discusses the critical (and controversial) decision of the Convention's drafters to exclude political groups, thereby limiting the Convention to national, ethnic, racial, and religious collectives. Acts intended physically or biologically to destroy these four groups thus are condemned as ‘genocide’, whereas the identical criminal conduct—directed instead at other human collectives—is not.Less
This chapter details the rapid development of genocide from an academic concept to a substantive international crime. It provides a brief overview of the etymology of the term ‘genocide’ following its first usage by Professor Raphael Lemkin in 1944 to describe Nazi atrocities during World War II. It details the early usages of the concept in subsequent criminal trials of Nazi offenders, as well as the definition of genocide in the 1948 Genocide Convention. It also discusses the critical (and controversial) decision of the Convention's drafters to exclude political groups, thereby limiting the Convention to national, ethnic, racial, and religious collectives. Acts intended physically or biologically to destroy these four groups thus are condemned as ‘genocide’, whereas the identical criminal conduct—directed instead at other human collectives—is not.
Donald W. Shriver, Jr.
- Published in print:
- 2005
- Published Online:
- September 2006
- ISBN:
- 9780195151534
- eISBN:
- 9780199785056
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195151534.003.0005
- Subject:
- Religion, Religion and Society
So many “Indians” died in the onslaughts of European colonization, so many were diverted to reservations, and so little attention is paid Indian history in public schools that Americans generally are ...
More
So many “Indians” died in the onslaughts of European colonization, so many were diverted to reservations, and so little attention is paid Indian history in public schools that Americans generally are profoundly ignorant of who Indians were and are. This chapter documents some hopeful changes in this public cultural ignorance during the past thirty years: museums, films, history writing, high school history teaching, apologies, reparations, and memorials that promise some increase in public acknowledgment of the Indian claim, “We were here, and we still are here”. The author describes his own pilgrimage of learning about the original Powhatan nation of his native Virginia and the Mohicans of New York. The chapter ends with a survey of legal changes that have accorded new political power to members of the 550 surviving Indian nations, along with continuing legal and ethical tensions in the relation of two million Indians to the rest of the country.Less
So many “Indians” died in the onslaughts of European colonization, so many were diverted to reservations, and so little attention is paid Indian history in public schools that Americans generally are profoundly ignorant of who Indians were and are. This chapter documents some hopeful changes in this public cultural ignorance during the past thirty years: museums, films, history writing, high school history teaching, apologies, reparations, and memorials that promise some increase in public acknowledgment of the Indian claim, “We were here, and we still are here”. The author describes his own pilgrimage of learning about the original Powhatan nation of his native Virginia and the Mohicans of New York. The chapter ends with a survey of legal changes that have accorded new political power to members of the 550 surviving Indian nations, along with continuing legal and ethical tensions in the relation of two million Indians to the rest of the country.
Koos Neefjes
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198294894
- eISBN:
- 9780191599064
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198294891.003.0011
- Subject:
- Political Science, Environmental Politics
Koos Neefjes of Oxfam takes turmoil and instability as his starting point. How will carefully crafted sustainability and justice principles fare in zones of conflict? How can measurements of ...
More
Koos Neefjes of Oxfam takes turmoil and instability as his starting point. How will carefully crafted sustainability and justice principles fare in zones of conflict? How can measurements of environmental stock and flow be made under conditions of war or even genocide? Neefjes implies that they cannot, and he focuses instead on the causes of conflicts and the role that environmental factors might play in them. After examining a number of cases drawn from Africa he concludes that environmental degradation and resource distribution play an increasingly important role in conflicts, and that supporting local use and management of resources is of paramount importance.Less
Koos Neefjes of Oxfam takes turmoil and instability as his starting point. How will carefully crafted sustainability and justice principles fare in zones of conflict? How can measurements of environmental stock and flow be made under conditions of war or even genocide? Neefjes implies that they cannot, and he focuses instead on the causes of conflicts and the role that environmental factors might play in them. After examining a number of cases drawn from Africa he concludes that environmental degradation and resource distribution play an increasingly important role in conflicts, and that supporting local use and management of resources is of paramount importance.
Rivkah Zim
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691161808
- eISBN:
- 9781400852093
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691161808.001.0001
- Subject:
- Literature, Criticism/Theory
Boethius wrote Of the Consolation of Philosophy as a prisoner condemned to death for treason, circumstances that are reflected in the themes and concerns of its evocative poetry and dialogue between ...
More
Boethius wrote Of the Consolation of Philosophy as a prisoner condemned to death for treason, circumstances that are reflected in the themes and concerns of its evocative poetry and dialogue between the prisoner and his mentor, Lady Philosophy. This classic philosophical statement of late antiquity has had an enduring influence on Western thought. It is also the earliest example of what this book identifies as a distinctive and vitally important medium of literary resistance: writing in captivity by prisoners of conscience and persecuted minorities. This book reveals why the great contributors to this tradition of prison writing are among the most crucial figures in Western literature. The book pairs writers from different periods and cultural settings, carefully examining the rhetorical strategies they used in captivity, often under the threat of death. It looks at Boethius and Dietrich Bonhoeffer as philosophers and theologians writing in defense of their ideas, and Thomas More and Antonio Gramsci as politicians in dialogue with established concepts of church and state. Different ideas of grace and disgrace occupied John Bunyan and Oscar Wilde in prison; Madame Roland and Anne Frank wrote themselves into history in various forms of memoir; and Jean Cassou and Irina Ratushinskaya voiced their resistance to totalitarianism through lyric poetry that saved their lives and inspired others. Finally, Primo Levi's writing after his release from Auschwitz recalls and decodes the obscenity of systematic genocide and its aftermath. This book speaks to some of the most profound questions about life, enriching our understanding of what it is to be human.Less
Boethius wrote Of the Consolation of Philosophy as a prisoner condemned to death for treason, circumstances that are reflected in the themes and concerns of its evocative poetry and dialogue between the prisoner and his mentor, Lady Philosophy. This classic philosophical statement of late antiquity has had an enduring influence on Western thought. It is also the earliest example of what this book identifies as a distinctive and vitally important medium of literary resistance: writing in captivity by prisoners of conscience and persecuted minorities. This book reveals why the great contributors to this tradition of prison writing are among the most crucial figures in Western literature. The book pairs writers from different periods and cultural settings, carefully examining the rhetorical strategies they used in captivity, often under the threat of death. It looks at Boethius and Dietrich Bonhoeffer as philosophers and theologians writing in defense of their ideas, and Thomas More and Antonio Gramsci as politicians in dialogue with established concepts of church and state. Different ideas of grace and disgrace occupied John Bunyan and Oscar Wilde in prison; Madame Roland and Anne Frank wrote themselves into history in various forms of memoir; and Jean Cassou and Irina Ratushinskaya voiced their resistance to totalitarianism through lyric poetry that saved their lives and inspired others. Finally, Primo Levi's writing after his release from Auschwitz recalls and decodes the obscenity of systematic genocide and its aftermath. This book speaks to some of the most profound questions about life, enriching our understanding of what it is to be human.
Nicholas J. Wheeler
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253104
- eISBN:
- 9780191600302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253102.003.0008
- Subject:
- Political Science, International Relations and Politics
Charts the limits of the new norm of humanitarian intervention by showing how international society failed to prevent and end the genocide in Rwanda in 1994. After three months of the genocide, ...
More
Charts the limits of the new norm of humanitarian intervention by showing how international society failed to prevent and end the genocide in Rwanda in 1994. After three months of the genocide, France did intervene and the chapter considers the dubious humanitarian credentials of this intervention.Less
Charts the limits of the new norm of humanitarian intervention by showing how international society failed to prevent and end the genocide in Rwanda in 1994. After three months of the genocide, France did intervene and the chapter considers the dubious humanitarian credentials of this intervention.
Kristen Renwick Monroe
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151373
- eISBN:
- 9781400840366
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151373.001.0001
- Subject:
- Sociology, Social Psychology and Interaction
What causes genocide? Why do some stand by, doing nothing, while others risk their lives to help the persecuted? This book analyzes riveting interviews with bystanders, Nazi supporters, and rescuers ...
More
What causes genocide? Why do some stand by, doing nothing, while others risk their lives to help the persecuted? This book analyzes riveting interviews with bystanders, Nazi supporters, and rescuers of Jews during the Holocaust to lay bare critical psychological forces operating during genocide. The book's examination of these moving—and disturbing—interviews underscores the significance of identity for moral choice. The book finds that self-image and identity—especially the sense of self in relation to others—determine and delineate our choice options, not just morally but cognitively. It introduces the concept of moral salience to explain how we establish a critical psychological relationship with others, classifying individuals in need as “people just like us” or reducing them to strangers perceived as different, threatening, or even beyond the boundaries of our concern. The book explicates the psychological dehumanization that is a prerequisite for genocide and uses knowledge of human behavior during the Holocaust to develop a broader theory of moral choice, one applicable to other forms of ethnic, religious, racial, and sectarian prejudice, aggression, and violence. It suggests that identity is more fundamental than reasoning in our treatment of others.Less
What causes genocide? Why do some stand by, doing nothing, while others risk their lives to help the persecuted? This book analyzes riveting interviews with bystanders, Nazi supporters, and rescuers of Jews during the Holocaust to lay bare critical psychological forces operating during genocide. The book's examination of these moving—and disturbing—interviews underscores the significance of identity for moral choice. The book finds that self-image and identity—especially the sense of self in relation to others—determine and delineate our choice options, not just morally but cognitively. It introduces the concept of moral salience to explain how we establish a critical psychological relationship with others, classifying individuals in need as “people just like us” or reducing them to strangers perceived as different, threatening, or even beyond the boundaries of our concern. The book explicates the psychological dehumanization that is a prerequisite for genocide and uses knowledge of human behavior during the Holocaust to develop a broader theory of moral choice, one applicable to other forms of ethnic, religious, racial, and sectarian prejudice, aggression, and violence. It suggests that identity is more fundamental than reasoning in our treatment of others.
Michael Banton
- Published in print:
- 1996
- Published Online:
- November 2003
- ISBN:
- 9780198280613
- eISBN:
- 9780191598760
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280610.003.0011
- Subject:
- Political Science, International Relations and Politics
The collection of census data on the ethnic origin of the population poses political problems for many black African states. The discrimination that led towards genocide in Rwanda and Burundi was of ...
More
The collection of census data on the ethnic origin of the population poses political problems for many black African states. The discrimination that led towards genocide in Rwanda and Burundi was of particular concern from 1989. South Africa had not ratified the ICERD at the time of writing.Less
The collection of census data on the ethnic origin of the population poses political problems for many black African states. The discrimination that led towards genocide in Rwanda and Burundi was of particular concern from 1989. South Africa had not ratified the ICERD at the time of writing.
David L. Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international ...
More
This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international law, as well as a theoretical analysis of whether political genocide should be recognized as a separate crime by the international community. The book analyses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences—notably crimes against humanity and war crimes—are not workable substitutes for a specific offence that protects political groups. This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies this ‘rights-based approach’ in evaluating whether political groups are legitimate candidates for specific protection from physical and biological destruction ‘as such’. The writing includes an analysis of state practice and opinio juris on the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to this legal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.Less
This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international law, as well as a theoretical analysis of whether political genocide should be recognized as a separate crime by the international community. The book analyses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences—notably crimes against humanity and war crimes—are not workable substitutes for a specific offence that protects political groups. This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies this ‘rights-based approach’ in evaluating whether political groups are legitimate candidates for specific protection from physical and biological destruction ‘as such’. The writing includes an analysis of state practice and opinio juris on the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to this legal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.
Paul Christoph Bornkamm
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199694471
- eISBN:
- 9780191738326
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694471.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in ...
More
Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book provides a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.Less
Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book provides a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.
Maurizio Ragazzi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198298700
- eISBN:
- 9780191707513
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298700.001.0001
- Subject:
- Law, Law of Obligations
In an obiter dictum in its 1970 judgment in the Barcelona Traction case, the International Court of Justice identified a category of international obligations called erga omnes, namely obligations ...
More
In an obiter dictum in its 1970 judgment in the Barcelona Traction case, the International Court of Justice identified a category of international obligations called erga omnes, namely obligations owed by states to the international community as a whole, intended to protect and promote the basic values and common interests of all. Without losing sight of the theoretical dimension of obligations erga omnes, this book adopts a pragmatic approach, attentive to the traditional sources of international law and evaluating obligations erga omnes in light of state practice and court decisions (including the South West Africa and the Nuclear Tests cases). After discussing a broad spectrum of key international concepts, including jus cogens, objective regimes, and state servitudes, the book analyzes the four examples of obligations erga omnes given by the International Court in its obiter dictum on obligations erga omnes: the prohibition of aggression and genocide, and the protection from slavery and racial discrimination. From this analysis, the book infers five common elements of obligations erga omnes, including their reflecting basic moral values. The book then examines these common elements in light of other candidates of obligations erga omnes proposed in the international literature and state practice. Before drawing general conclusions, the book addresses the relationship between erga omnes and jus cogens, and between erga omnes and actio popularis.Less
In an obiter dictum in its 1970 judgment in the Barcelona Traction case, the International Court of Justice identified a category of international obligations called erga omnes, namely obligations owed by states to the international community as a whole, intended to protect and promote the basic values and common interests of all. Without losing sight of the theoretical dimension of obligations erga omnes, this book adopts a pragmatic approach, attentive to the traditional sources of international law and evaluating obligations erga omnes in light of state practice and court decisions (including the South West Africa and the Nuclear Tests cases). After discussing a broad spectrum of key international concepts, including jus cogens, objective regimes, and state servitudes, the book analyzes the four examples of obligations erga omnes given by the International Court in its obiter dictum on obligations erga omnes: the prohibition of aggression and genocide, and the protection from slavery and racial discrimination. From this analysis, the book infers five common elements of obligations erga omnes, including their reflecting basic moral values. The book then examines these common elements in light of other candidates of obligations erga omnes proposed in the international literature and state practice. Before drawing general conclusions, the book addresses the relationship between erga omnes and jus cogens, and between erga omnes and actio popularis.
Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the ...
More
This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the evidentiary requirements necessary to establish the formation of customary international law. It then provides an empirical examination of state practice and opinio juris on genocide and political genocide. The analysis covers domestic legislation on genocide from some eighty-four states, together with nearly every domestic and international case that has applied the concept, as well as the historical records from all three drafting conferences for the Genocide Convention. It demonstrates conclusively that, although some states criminalize political genocide as a matter of domestic province, there is no basis to conclude that the crime otherwise exists as a free-standing offense under international law.Less
This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the evidentiary requirements necessary to establish the formation of customary international law. It then provides an empirical examination of state practice and opinio juris on genocide and political genocide. The analysis covers domestic legislation on genocide from some eighty-four states, together with nearly every domestic and international case that has applied the concept, as well as the historical records from all three drafting conferences for the Genocide Convention. It demonstrates conclusively that, although some states criminalize political genocide as a matter of domestic province, there is no basis to conclude that the crime otherwise exists as a free-standing offense under international law.
Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explores the relationship between genocide and other offences under international law, focusing on crimes against humanity (e.g., extermination, torture, and other forms of group ...
More
This chapter explores the relationship between genocide and other offences under international law, focusing on crimes against humanity (e.g., extermination, torture, and other forms of group violence, as well as unlawful persecution on discriminatory grounds). In some circumstances, crimes against humanity cover similar ground to genocide because they outlaw large-scale violence and prohibit serious discrimination based upon membership in certain human groups. The availability of such offences has been offered as a sufficient justification not to include political groups within the concept of genocide. The chapter compares genocide to these other aspects of international criminal law and demonstrates that these other crimes are neither a workable nor a sufficient proxy for a separate international crime prohibiting political genocide.Less
This chapter explores the relationship between genocide and other offences under international law, focusing on crimes against humanity (e.g., extermination, torture, and other forms of group violence, as well as unlawful persecution on discriminatory grounds). In some circumstances, crimes against humanity cover similar ground to genocide because they outlaw large-scale violence and prohibit serious discrimination based upon membership in certain human groups. The availability of such offences has been offered as a sufficient justification not to include political groups within the concept of genocide. The chapter compares genocide to these other aspects of international criminal law and demonstrates that these other crimes are neither a workable nor a sufficient proxy for a separate international crime prohibiting political genocide.
Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0009
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter proposes an optional protocol to the 1948 Genocide Convention paired and an amendment to the ICC Statute to address political genocide. It considers several potential objections to ...
More
This chapter proposes an optional protocol to the 1948 Genocide Convention paired and an amendment to the ICC Statute to address political genocide. It considers several potential objections to creating the new offense, including its potential impact on legitimate military and law enforcement interests (e.g., terrorism prevention). It also considers whether the inclusion of political groups would interfere with the Convention itself or otherwise dilute the concept of genocide as a unique offense. It demonstrates that none of these considerations justify continued non-recognition of political genocide. The chapter then discusses the divergence between law ‘on the books’ and actual enforcement, using the situation in Darfur as an example of difficulties of exercising political will on the international plane. It concludes that the direct prohibition of political genocide through law is an essential first step to preventing and punishing atrocities aimed at destroying political groups ‘as such’.Less
This chapter proposes an optional protocol to the 1948 Genocide Convention paired and an amendment to the ICC Statute to address political genocide. It considers several potential objections to creating the new offense, including its potential impact on legitimate military and law enforcement interests (e.g., terrorism prevention). It also considers whether the inclusion of political groups would interfere with the Convention itself or otherwise dilute the concept of genocide as a unique offense. It demonstrates that none of these considerations justify continued non-recognition of political genocide. The chapter then discusses the divergence between law ‘on the books’ and actual enforcement, using the situation in Darfur as an example of difficulties of exercising political will on the international plane. It concludes that the direct prohibition of political genocide through law is an essential first step to preventing and punishing atrocities aimed at destroying political groups ‘as such’.
