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39 Cards in this Set

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What is genocide and how is it different from ordinary crimes?
An extraordinary crime, larger, mass scale, perpetrated by the state, planned, wide-spread, systematic Genocide violates "jus cogens" or international laws; perpetrated by collectives against collectives, not in violation of existing norms as seen in the eyes by those commiting the crimes (individuals can be held responsible for genocide in intl law, intl law has jurisdiction)
U.S. response to the Armeninan Genocide
None! Isolationist policy "Wilsonian," Sovereignty and non-intervention, Questions about appropriate response-- Diplomatic vs. Military, If US did military it would have been seen as an act of War bc during WWI. As consequence, we didn't do anything (not enough interest in Ottoman Empire for diplomatic response), Now denial
U.S. response to the Holocaust
Similar to the Armenian Genocide, Doubt about stories be thought it was propaganda/ too hard to believe/ doubted victims' stories; Anti-Semitism; What can the US do?-- War 1st priority, "bad things happenduring times of war." Sovereignty remains a factor
Raphael Lemkin's work
Attempts to make genocide a crime, wanted to make it illegal under intl. law, ge considered genocide to be ethnocide (physical, cultural, political), destruction broader
UN Genocide Convention (UNGC) definition of genocide
In Article II- type of crime against humanity--- any of the following acts committed with INTENT TO DESTROY in whole or in part: A. Killing members of the group B.Causing serious bodily or mental harm to members of the group C.Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction D.Imposing measures intended to prevent births within the group E.Forcibly transferring children of the group to another group
What are the issues with the UNGC?
1. How many people affected is considered genocide? and Who's affected? 2. Is it Intentional? (Difficult to prove, can you infer or do you need a "smoking gun?" Do we give benefit of the the doubt? Sometimes we infer intent from actions)
What are other problems with the UNGC?
Partial Genocide-- No clear distinction, Weakens group economically/politically/etc.; Excluded Groups-- Cultural groups (Ethnocide), Economic groups, Political groups bc can possibly be considered based on nationality
Article III of the UNGC
Crimes--- Genocide, Conspiracy to commit genocie, Direct and public incitement to commit genocide, Attempt to commit genocide, Complicity in genocide
Article IV of the UNGC
Perpetrators--- "persons committing genocide or art. III shall be punished whether they are constitutionally responsible rulers, public officials or private individuals." *Bystanders aren't technically mentioned, acknowled the truth that some won't be sent to trial
Article V of the UNGC
Response--- Contracting parties must put genocide convention into law even if changes to their law is needed
Article VI of the UNGC
Response--- Ad Hoc Permanent Intl. Tribunal, can be tried domestically or internationally
Article VIII of the UNGC
Response--- Parties may call upon the UN to take actions under the Charter of the UN as they consider appropriate for prevention/suppression of genocide. **Doesn't require any country to help militarily!
Problems with the UNGC
1. Association with the Holocaust 2. Problem of Numbers 3. Problem of Intent 4. Problem of Partial Genocide 5. Excluded groups 6. Perpetrators 7. State Sovereignty and Non-Intervention 8. Lack of Guidelines 9. Post Hoc responses 10. Military Intervention? 11. No remedy for states that fail to act
US response to the UNGC
Why we held out. . . vagueness of the UNGC, Possible applicability of UNGC to the US, Issue of Sovereignty
Lemkin's response to UN Declaration of Human Rights
Will this further weaken the UNGC? Is it enough? Why do a genocide convention?
Similar causes of genocide in Rwanda, Bosnia, and Cambodia
Polarized society, internal crises (including wars), Groups of minority status, history of maltreatment of that group before "genocide"; Economic crisis (consistent factor in domestic cases of genocide) Political opportunity structure condusive to violence, Political crisis (civil war, regime change), Rise of Xenophobic, monolithic ruler
Conditions of Genocide applicable to Cambodia
Political genocide, some minority groups, Khmer Rouge targeted intelligencia and anybody they didn't like, Mass starvation and govt. corruption
Conditions of Genocide applicable to Rwanda
Tutsi are targeted (status groups became ethnic and racial groups), history of ethnic animosity, power flip from Tutsi to Hutu, Collapse of coffee market, civil war, political crisis trying to democratize
Conditions of Genocide applicable to Bosnia
Power sharing between Serbs, Muslims, and Croats, Falling apart of Yugaslavia after death of Tito, Irredentist slaim where Fed. Rep. of Yugolavia wanted Serbs to create new state in Bosnia
Reaction of the Victim Populations
-Disbelief -Denial -Wishful Thinking -Cambodia--- Initially supported Khmer Rouge, tired of the civil war, seen as war crimes -Rwanda--- Denial, Tutsi had faith in the UN, churches, role of civil institutions -Srebrenica--- UN protected
US response in Cambodia and why?
Closed borders, Lack of info, testimonies, second-hand stories, Vietnam was a major factor in decision-making, Some thought anti-communist propaganda; Why?--- Not in our national interest, Just wanted out of SE Asia, Carter took sides with Khmer Rouge to garner trust with China
US response in Rwanda and why?
Clinton uncertain, didn't think a genocide so much as it was civil war, "primordialist" Ethnic argument, Groups go to war over I.D. (deep-seated hatreds, they can't help how they act), Thought same with Bosnia; Why?--- No national interest, right after Somalia (PDD25 signed limiting military intervention to national interest and had to have exit strategy), many assumed it was just another African civil war
US response in Bosnia and why?
Very structured media campaign to cover up what was actually happening, "Holocaust Standard"- is it as bad?; Why?--- Primordial contention as seen by Bush and Clinton, wanted the EU to resolve the conflict, Finally responded in Serbrenicia
How were children traditionally used in War and Why?
Children excluded mainly for practical reasons and on principle. -Weapons too heavy -Initially used for service as messengers/musicians/etc. -Children not appropriate in war bc prestigious -Raised cost of war to use adults though -Needed support of entire nation whether for regime change, politics, religious conflicts, etc. **Dramatically changed in Post-Cold War Era
What explains the increase in child soldiers today?
Issues assoc. with underdevelopment, Countries missing infrastructure, economy, education; high AIDS rates, orphans, rape, drug use; Many are weak or failed states (Ex. Somalia), states that don't have rule of law (laws that apply to everyone equally); As reult, conflict is inevitable; TECHNOLOGY Improvements in weaponry *** Increased conflicts following the "Fall" caused greater demand of weapons ** Wars are fought for profit now
What are the implications of the increase in the use of child soldiers?
More wars, Less cost, "Expendable" resource, Longer wars, More HR violations, Future Instability
How are child soldiers trained?
Process of Indoctrination, Quick/Informal training, Send them off to battle
Preventing child soldiers
Target underlying causes (increase aid, push for political liberalization), Make wars more expensive to fight (More laws, Regulate sales of firearms, Weapons collection programs, Aid to local NGO's, Saction actors who sell/purchase conflict resources)
Restorative Justice
Neutral mediator, ALL stakeholders in crime should be involved, process valued by the community
Retributive Justice
Focus on ind. responsibility, Handled by Intl., domestic, and hybrid courts
Restorative and Retributive aspects of Gacaca
1. Restorative- the actual trials take place in the community it occurred in. Community service. Judgers are elected by the community. 2. Retributive- don't try Tutsis (biased- Victor's Justice). Jail time not traditional. People can't fully, freely share their version. Due Process non existent bc no lawyers, don't need evidence, testimony is enough, no council or attorney.
Goals of Restorative Justice (Truth/Reconciliation Commissions)
1. Inner group reconciliation 2. Create social capital (bonds of trust within society) 3. Give member of community ownership of the justice process 4. Brings perpetrators back into community
Goals of Retributive Justice
1. Deterrence, Ex. of the wrongdoers, end culture of impunity (that actions don't have consequences) 2. Strengthen rule of Law in community 3. Vengeance
Truth and Reconcilition Commission
Asking perpetrators to come forward, victims earn closure
TRC's and Rwanda?
Rwanda isn't democratic so a TRC won't likely work
Success of a TRC depends on:
1. Mandate- amnesty, subpoena power, crimes for political motives 2. TRC's Objectives- peace, victor's justice, political stability 3. Resources- Haiti didn't have much, necessary 4. Type of Data- S. Africa testimony assessment, Guatemala quantitative 5. Report Issued- Guatemala sent out report, free, S.A. private
Similarities between TRC and Gacaca
Stengthen civic values, Both deal with the truth
What is truth in Rwanda?
based on individuals' experiences.
Ball and Chapman Opions about Truth Commissions
better suited to pursue "macro-truth" than "micro-truth"