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Shame In The Security Council, Saira Mohamed Jun 2015

Shame In The Security Council, Saira Mohamed

Saira Mohamed

The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of shame in international law. At last, it seemed, the usually clashing members of the Council came together, recognizing the embarrassment they would suffer if they stood by in the face of an imminent slaughter of civilians, and atoning for their sins of inaction in Rwanda, Bosnia, and Darfur. The accuracy of this redemption narrative, however, is open to question. Shaming—an expression of moral criticism intended to induce a change in some state practice—is assumed by scholars …


Restructuring The Debate On Unauthorized Humanitarian Intervention, Saira Mohamed Jun 2015

Restructuring The Debate On Unauthorized Humanitarian Intervention, Saira Mohamed

Saira Mohamed

No abstract provided.


Deviance, Aspiration, And The Stories We Tell: Reconciling Mass Atrocity And The Criminal Law, Saira Mohamed Dec 2014

Deviance, Aspiration, And The Stories We Tell: Reconciling Mass Atrocity And The Criminal Law, Saira Mohamed

Saira Mohamed

The historian Raul Hilberg once observed that we would all be happier if we believed the perpetrators of the Holocaust were crazy. But mass atrocity is never so simple. We may search in Germany, Bosnia, the Congo, or Rwanda for the madman or the deviant, but often we will find instead an ordinary person, one who commits a crime at the barrel of a gun or who succumbs to the awful indirect coercion that pervades entire communities in the throes of transformative violence. In the ashes of atrocity, criminal courts have been created, but many scholars have come to think …


Of Monsters And Man: Perpetrator Trauma And Mass Atrocity, Saira Mohamed Dec 2014

Of Monsters And Man: Perpetrator Trauma And Mass Atrocity, Saira Mohamed

Saira Mohamed

In popular, scholarly, and legal discourse, psychological trauma is an experience that belongs to victims. While we expect victims of crimes to suffer trauma, we never ask whether perpetrators likewise experience those same crimes as trauma. Indeed, if we consider trauma in the perpetration of a crime at all, it is usually to inquire whether a terrible
experience earlier in life drove a person toward wrongdoing. We are loath to acknowledge that the commission of the crime itself may cause some perpetrators to experience their own psychological injury and scarring.

This Article aims to fill this gap in our understanding …