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Articles 1 - 12 of 12
Full-Text Articles in Law
"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 …
Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell
Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell
Genocide Studies and Prevention: An International Journal
No abstract provided.
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner
Genocide Studies and Prevention: An International Journal
Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …
The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer
The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer
Genocide Studies and Prevention: An International Journal
In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard
Genocide Studies and Prevention: An International Journal
Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …
Straining To Prevent The Rohingya Genocide: A Sociology Of Law Perspective, Katherine Southwick
Straining To Prevent The Rohingya Genocide: A Sociology Of Law Perspective, Katherine Southwick
Genocide Studies and Prevention: An International Journal
This paper analyzes the generally muted international response to the protracted plight of the Rohingya, a persecuted Muslim minority in Myanmar, from the perspective of sociology of law. The first part provides background on the Rohingya crisis and discusses relevant international legal frameworks relating to crimes against humanity and genocide. The second part adapts analytical frameworks developed by Felstiner, Abel, and Sarat on the emergence and transformation of disputes, in order to examine some of the factors that frustrate the processes of naming crimes, blaming perpetrators, and claiming rights and protection for the Rohingya minority in the international context. Work …
Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić
Nineteen Minutes Of Horror: Insights From The Scorpions Execution Video, Iva Vukušić
Genocide Studies and Prevention: An International Journal
After the fall of Srebrenica in summer of 1995, the Scorpions unit, dispatched to support the Bosnian Serb Army as it took over the enclave, shot six men in Trnovo. The men, three of whom were underage, were some of thousands of Bosnian Muslims that fell into the hands of Bosnian Serb troops, and that were executed in the days and weeks following July 11th. A member of the unit filmed the execution. Fragments of the video were first shown during the Slobodan Milosevic trial, and multiple times in the years after, in the courtrooms in The Hague and Belgrade. …
Book Review: Prosecuting Corporations For Genocide, Sarah Federman
Book Review: Prosecuting Corporations For Genocide, Sarah Federman
Genocide Studies and Prevention: An International Journal
No abstract provided.
Book Review: Rwanda Before The Genocide: Catholic Politics And Ethnic Discourse In The Late Colonial Era, Randall Fegley
Book Review: Rwanda Before The Genocide: Catholic Politics And Ethnic Discourse In The Late Colonial Era, Randall Fegley
Genocide Studies and Prevention: An International Journal
No abstract provided.
Cold Genocide: Falun Gong In China, Maria Cheung, Torsten Trey, David Matas, Richard An
Cold Genocide: Falun Gong In China, Maria Cheung, Torsten Trey, David Matas, Richard An
Genocide Studies and Prevention: An International Journal
The article explores patterns of a cold genocide in the eradication campaign against Falun Gong. Falun Gong is a spiritual practice that has been targeted for eradication by the Chinese regime since 1999. In comparison to the documented cases of genocide, the genocide of Falun Gong stands out as anomalous because it is virtually ignored. The article seeks to elucidate the multi-faceted nature of this concealed genocide from an interdisciplinary perspective encompassing social work, medicine and law, In particular, the article demonstrates that the eradication campaign against Falun Gong is distinguishable as a cold genocide as it is: (1) multi-dimensional …
Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle
Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle
Genocide Studies and Prevention: An International Journal
Review of La Muerte del Verdugo. Reflexiones Interdisciplinarias Sobre el Cadáver de los Criminales de Masa, ed. Séviane Garibian (Buenos Aires: Miño y Dávila editores, 2016)
Neutrality: A Tool Or A Limit For Preventing Mass Atrocitiy Crimes And Genocide? The Case Of Switzerland, Giulia Persoz
Neutrality: A Tool Or A Limit For Preventing Mass Atrocitiy Crimes And Genocide? The Case Of Switzerland, Giulia Persoz
Genocide Studies and Prevention: An International Journal
The present article aims to confront the Swiss practice regarding the prevention of genocide and mass atrocities in Swiss foreign policy and its particularities shaping its international relations. Neutrality, a core part of Switzerland's identity on both the internal political level and the international level, will be at the center of our analysis. Indeed, how can a country engage in prevention activities while keeping its neutral status? How does neutrality influence these activities throughout times? What foreseeable impact could neutrality have on them? To answer these questions, the article will be divided as follow: the first part will be an …