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Full-Text Articles in Law
'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell
'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell
New England Journal of Public Policy
Freedom of expression is considered a basic human right, and yet most countries have restrictions on speech they deem harmful. Following the genocide of the Tutsi, Rwanda passed a constitution (2003) and laws against hate speech and other forms of divisionist language (2008, 2013). Understanding how language shaped “recognition harms” that both constitute and fuel genocide also helps account for political decisions to limit “divisionist” discourse. When we speak, we make expressive commitments, which are commitments to the viability and value of ways of speaking. This article explores reasons a society would decide to say, “We don’t talk that way …
The United Nations And War In The Twentieth And Twenty-First Centuries, Robert Weiner
The United Nations And War In The Twentieth And Twenty-First Centuries, Robert Weiner
New England Journal of Public Policy
The United Nations was created in 1945 to prevent another world war. It was designed, as the Preamble to the Charter states, to eliminate the scourge of war. The failure to agree on a permanent UN international army meant that the UN had to improvise in dealing with wars. Peacekeeping, which is not mentioned anywhere in the UN Charter, had to be invented. This study investigates how peacekeeping has evolved through four “generations,” culminating in Unsanctioned multinational forces consisting of “coalitions of the willing.” The study also stresses how one of the greatest peacekeeping failures of the UN in the …
Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon
Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon
New England Journal of Public Policy
Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It …