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Full-Text Articles in Law
A Critical-Inclusive Approach To Instructing On Genocide Education In The United States: Delivering An Equally Critical And Inclusive Approach To Professional Development, Cassidy S. Ernst
Master's Projects and Capstones
This paper presents a new approach to teaching the preconditions for genocide. Bringing together a number of theoretical insights from recent research, it focuses on the pedagogical value of a critical inclusive approach to genocide education. Such an approach incorporates persecuted groups commonly excluded from educational narratives, such as the experiences of homosexuals during the Holocaust. It also places genocide education within a wider framework focused on prevention and advocacy. Through utilizing a critical-inclusive approach to genocide education in the classroom, youth will be equipped with a stronger conception of genocide, genocidal ideologies, and measures that can be taken to …
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 …
China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron
China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron
Honors Theses
This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Dissertations, Theses, and Capstone Projects
In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its …
Applying International Law To The Regulation Of Media Incited Genocide: Rwanda And Myanmar, Savannah Whittemore
Applying International Law To The Regulation Of Media Incited Genocide: Rwanda And Myanmar, Savannah Whittemore
Honors Theses
The goal of this thesis is to demonstrate the connection between word and action in relation to the media incited genocide. By employing the operational definitions of intent, incitement, genocide, and hate speech from legal texts such as the Genocide Convention and the International Covenant on Civil and Political Rights, this thesis shows that there is suitable jurisprudence on the crime of direct and public incitement to genocide with the legal bodies statute mirrors the language of the Genocide Convention. This in conjunction with the language gradient on the changing role of messages before and during genocide shows that regulation …
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 …
Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland
Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland
Senior Projects Spring 2018
Senior Project submitted to The Division of Social Studies of Bard College
Libérte, Egalité, And Fraternité: France, Rwanda, And The Road To Genocide, Rachel Refkin
Libérte, Egalité, And Fraternité: France, Rwanda, And The Road To Genocide, Rachel Refkin
Honors Theses
The following senior thesis examines France’s political, economic, and military relationship with Rwanda from 1962-present. It analyzes the questionable success of the French humanitarian intervention, dubbed Operation Turquoise, during the Rwandan genocide. Moreover, it explores how the neocolonial relationship between the two countries, and the so-called Françafrique system, while demonstrating the ways in which this relationship juxtaposed certain French notions of libérte, égalité, and fraternité. This paper explains how, before Belgian colonialism, the Hutu-Tutsi division was characterized by considerable ethnic fluidity but also social class differences. Yet, due to the fact that the Tutsi enjoyed a position of privilege during …