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Articles 1 - 6 of 6
Full-Text Articles in Law
Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken
Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken
Genocide Studies and Prevention: An International Journal
The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Cal Poly Humboldt theses and projects
Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …
"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty
Genocide Studies and Prevention: An International Journal
Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …
Contested Identity And Making Sense Of Atrocity: Understanding The Rohingya Crisis In Myanmar, Christopher Andrew Long
Contested Identity And Making Sense Of Atrocity: Understanding The Rohingya Crisis In Myanmar, Christopher Andrew Long
Senior Projects Spring 2018
Myanmar’s recent transition towards democracy has caused western leaders to become increasingly optimistic about the future of human rights within the country. However, since emerging on the international stage in 2012, the Rohingya crisis has drastically upset such expectations, leaving the international community in complete shock over the issue. Attempting to shed light on this human rights tragedy, international media coverage has produced an overly simplified depiction of the Rohingya crisis. In addition, very little academic literature exists seeking to explain the root causes of the issue. By utilizing interviews conducted at the University of Mandalay this paper attempts to …
Assessing The International Criminal Court, Beth A. Simmons, Mitchell Radtke, Hyeran Jo
Assessing The International Criminal Court, Beth A. Simmons, Mitchell Radtke, Hyeran Jo
All Faculty Scholarship
One of the most important issues surrounding international courts is whether they can further the dual causes of peace and justice. None has been more ambitious in this regard than the International Criminal Court (ICC). And yet the ICC has been the object of a good deal of criticism. Some people claim it has been an expensive use of resources that might have been directed to other purposes. Others claim that its accomplishments are meager because it has managed to try and convict so few people. And many commentators and researchers claim that the Court faces an inherent tension between …
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm
Genocide Studies and Prevention: An International Journal
This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …