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Europe’s revelation of hitherto latent human powers had negative faces too, of which imperial expansion was one. The domination of weaker peoples brought suffering and destruction everywhere, often worsened by the limits to European power that placed stable rule over conquered populations out of reach, so that the dominators had regular recourse to brutal exemplary punishments, often justified by the racist discourse generated by the need to justify the whole system. The capacity of formal imperialism to endure was undermined by the seeds it bore of its own overcoming: first, the violent and expensive wars between imperial rivals and then the disclosure to dominated peoples of the knowledge and techniques employed to subject them. But from the beginning these horrors generated internal protests and critiques, often based on a heightened realization of and respect for cultural difference. By the middle of the eighteenth century a phalanx of distinguished and influential voices was raised against the system, never strong enough to rein it in, but testimony to the persistence of the more humane and generous attitude manifested earlier.
Chapter 2 discusses the common belief that people different from us all look alike and act alike. The outgroup homogeneity effect, as it is called, is rooted in normal categorization processes that become oversimplified. Categorization produces a range of tendencies that contribute to prejudice such as stereotyping, inaccurate attributions, ingroup favoritism, outgroup derogation, dehumanization, even scapegoating and genocide. These phenomena are explained and connected to contemporary events such as anti-Asian hate crimes during the Covid 19 pandemic. Chapter 2 ends with strategies for change that include intergroup contact, creating more complex social identities, and cooperative learning.
Starting in 1990, the lethal combination of three factors led to genocide: political transition, civil war and bipolar ethnicity. In the second half of 1990, the start of the democratisation process coincided with an attack by the RPF, the political–military organisation of the Tutsi refugees. Despite the signing of a peace accord in 1993, the civil war resumed in 1994 and led to the RPF's victory. From April to July, the Tutsi were the victims of a genocide orchestrated by Hutu hardliners.
Building on the success of previous editions (Cryer et al.), this popular textbook is now expanded and updated in a 5th edition featuring two new co-authors, Elies van Sliedregt and Valerie Oosterveld. A market leader and one of the most globally trusted textbooks on international criminal law, it is known for its accessible and engaging tone and for an even-handed approach that is both critical and constructive. Comprehensively updated and rewritten, this new edition introduces readers to the main concepts of international criminal law, as well as the domestic and international institutions that enforce it, and addresses the latest challenges and controversies surrounding the International Criminal Court. Written by a team of international criminal lawyers who have extensive academic and practical experience in the field, the book engages with critical questions, political and moral challenges, and alternatives to international justice. It contains helpful references to other literature, making it a valuable research resource.
What are the politics of choosing specific frames? This chapter is anchored on this question and finds a marked difference between frames employed at the field level and those by subfields in each country. It finds, for example, that the Kenyan national subfield’s favored frame resembled those selected by fields in the Global North. Concomitantly, it finds an ambivalence in using the genocide frame to talk about the atrocities in Darfur, arguing that this ambivalence is due to perceptions of how the frame would affect peace negotiations and the posture taken by transnational organizations such as the ICC, UN, and AU.
Ukraine's war of self-defense against Russia is one of the clearest examples of a nation fighting a just war in recent history. Ukraine is clearly entitled to defend itself, and Russia is clearly obligated to cease hostilities, withdraw troops, and make repair. In light of this, some of the most salient moral questions related to Russia's war of aggression in Ukraine involve the international community; namely, what moral duties it has toward Ukraine, especially in light of Russia's extreme and pervasive human rights abuses. The first section of the essay argues that there is a pro tanto moral duty to intervene militarily in Ukraine to stop Russian human rights abuses and ensure that Ukraine achieves a military victory. This duty is grounded in duties of rescue, promissory obligations, and reliance obligations, as well as duties to nations’ own citizens and to the international community. The second section of the essay argues that the most relevant consideration in determining whether there is an all-things-considered duty for the international community to intervene militarily in Ukraine is Russia's nuclear coercion and the associated risk of nuclear war. This section highlights the nuclear risks involved in compliance with Russian nuclear coercion, which I argue have been neglected in prominent discussions. The moral stakes involved in this determination are very high, and succumbing to Russian nuclear coercion in the face of massive human rights violations would set a dangerous precedent. Any course of action should be guided by a thorough analysis of all the risks involved, both nuclear and moral.
How can humanitarians carry out their work during a genocide? Between April and June of 1994, the International Committee of the Red Cross (ICRC) faced that very question. After bloodshed broke out in Rwanda, the ICRC was the only remaining humanitarian organization in the country and continued its aid work while surrounded by brutal violence. Based on previously published materials,1 this article examines the strategies that enabled the ICRC to pursue its humanitarian mission in the face of the most basic inhumanity. In particular, the International Red Cross and Red Crescent Movement's Fundamental Principles of neutrality and impartiality were critical to establishing contact with all involved parties: dialogue, including with those perpetrating genocide, was key to ensuring the safety of ICRC staff, and to facilitating the organization's work on behalf of those affected by the violence. Additionally, the ICRC spoke out frequently as the violence was unfolding in Rwanda, and this article addresses the question of public communications, in both principle and practice, during a genocide.
The chapter provides testimonies of individuals who took part in a genocidal process in order to understand how mass atrocities can take shape across different human societies. Through the analyses of interviews conducted with former genocide perpetrators in Rwanda and in Cambodia, it appears that many of them reported that they participated because they simply followed orders. It thus suggests that obedience to orders strongly influences individual actions during a war or a genocide. The chapter also highlights the key role of other forms of social influence, such as conformity to a group and compliance. However, the interviews reveal that complex additional factors have influenced former perpetrators in their actions, such as elements of coercion, the fear for one’s own life, and hateful propaganda. This chapter illuminatesthe many reasons that can lead a human to perpetrate evil acts.
The “just following orders” argument has been used across many documented wars and genocides around the world. It suggests that the justifications given by perpetrators perhaps reflect, at least in part, a reality in their brains that would be shared across all the members of our species. The brain is a complex structure composed of trillions of neurons that controls our thoughts, our feelings, our decisions, our memory, our senses, and that regulates our body. Even though a wide range of environmental and social factors can modulate how our brains process information and computes decisions, the brain is nevertheless the central processing agent. By providing a novel perspective on what is happening in the brains of those obeying orders, I seek to reveal the mechanisms leading to immoral behaviors under obedience at a deep and individual level – that is, at the neural level. This knowledge can be used to develop personalized interventions that take into account unique neurobiological profiles.
This chapter begins with a discussion of the standard definition of genocide in the Genocide Convention, which is replicated verbatim in the Statutes of the ad hoc Tribunals and of the International Criminal Court. It turns to a discussion of its historical development as a response to the Holocaust, considers its relationship to crimes against humanity, and considers the underlying nature of the crime. The chapter then considers the protected groups (national, ethnic, racial and religious) and the challenges associated with identifying these groups. It considers the prohibited acts: killing, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group, and forcibly transferring children of the group to another group. The chapter explains the contextual element, and the mental elements of ‘intent to destroy’, ‘in whole or in part’, and ‘as such’. It ends with a discussion of other modes of participation.
Social scientists recently claimed Darwin’s Descent of Man (1871) is a racist text; that Darwin’s racism blinded him, impacting his science. Biologists and philosophers countered that Darwin’s work should be championed because it undercut slavery-justifying polygenism (independent origins for human races). Others extol Darwin for his emotional condemnation of slavery when he first encountered it on the Beagle voyage. This essay systematically explores Darwin’s views on human race expressed in Descent and then digs through a half-century of Darwin’s correspondence with prominent scientists to answer the question: what were Darwin’s views not just on the human torture involved in the enslavement process but on human race more broadly?
The forced migration of French-speaking Acadians, Wabanaki tribes, and Loyalist refugees have rarely been considered in relationship with one another. Yet their principal movements centered on the Northeastern Borderlands of North America (bounded by Nova Scotia, Maine, and Quebec), and their interconnected movements spiked from the 1750s to the 1830s. This comparative assessment shows that while each of these coerced mobilities had distinctive qualities, large-scale population movement was the most basic foundation of colonialismss. Acadian, Loyalist, and Wabanaki movements shaped one another and were often associated with violence and trauma. At the same time, mobility offered opportunities and could nurture resilience. The legacies of forced migration in the Northeastern Borderlands during an early period of sustained warfare persist today, especially in the legal cases, artwork, and collective memory of Wabanaki people, who still live in their traditional homeland.
Chapter 8 analyzes the marketing of inkiko gacaca; that is, the RPF’s effort to create demand for its invented tradition. By revealing a series of tactics related to this marketing strategy, the book here sheds light on the manufacturing of consent about the meaning of transitional justice in post-genocide Rwanda. The focus is on the presentation of law in everyday life, with particular reference to select localities.
Chapter 9 is an investigation of mythico-history, with a particular focus on the narrative construction of dictatorship. It tells a disturbing story of how and why, in post-genocide Rwanda, law became “a dramatically enacted thing.” To this end, the chapter analyzes the RPFs media campaign in support of the gacaca courts alongside its assault on international law.
The chapter begins by explaining the complementary role of criminal law in the application of international human rights. It then goes on to analyse the function of the concept of individual criminal responsibility under international law and its relationship to human rights violations. Subsequently, we examine the processes and mechanisms for enforcement of criminal rules under international law with an emphasis on policy rather than the procedural rules underpinning jurisdiction. The ‘peace versus justice’ debate, namely whether international prosecution should sometimes be side-lined in favour of negotiated solutions to ongoing conflicts, is an integral part of this discussion. Finally, the chapter concludes with an analysis of the two core mass international crimes, namely genocide and crimes against humanity with a view to demonstrating that their formulation is largely based on human rights (i.e. rights of victims), rather than criminal law, considerations.
This chapter discusses international criminal law (fighting political crimes) and transboundary police cooperation (fighting common crimes), though mechanisms such as the ICC, but also extradition and abduction
Intelligence operations overwhelmingly focus on obtaining secrets (espionage) and the unauthorized disclosure of secrets by a public official in one political community to another (treason). It is generally understood that the principal responsibility of spies is to successfully procure secrets about the enemy. Yet, in this essay, I ask: Are spies and traitors ethically justified in using cyber operations not merely to acquire secrets (cyber espionage) but also to covertly manipulate or falsify information (cyber manipulation) to prevent atrocities? I suggest that using cyber manipulation operations to parry atrocities is pro tanto morally permissible and, on occasion, required.
In the last century, the treatment of victims of involuntary sterilisation and castration in Nordic countries has varied drastically from state to state, across time and victim groups. Considering why this is the case, Daniela Alaattinoğlu investigates how laws and practices of involuntary, surgical sterilisation and castration have been established, abolished and remedied in three Nordic states: Sweden, Norway and Finland. Employing a vast range of primary and secondary sources, Alaattinoğlu traces the national and international developments of the last 100 years. Developing the concept of grievance formation, the book explores why some states have claimed public responsibility while others have not, and why some victim groups have mobilised while others have remained silent. Through this pioneering analysis, Alaattinoğlu illuminates issues of human and constitutional rights, the evolution of the welfare state and state responsibility in both national and global contexts.
Platform governance matters. The failure of platform companies to govern their users has led to disasters ranging from the unwitting culpability of Facebook in the 2017 genocide of the Rohingya people, to the spread of fraud and disinformation exacerbating the COVID-19 crisis, and to the subversion of free and fair elections across the world. The Introduction to The Networked Leviathan frames the problem of platform governance and its similarity to some of the problems confronted for centuries by political states and recommends that policymakers and scholars of the internet turn to older forms of political organization for inspiration.