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Full-Text Articles in Law
Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah
Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah
Faculty Publications
This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …
Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah
Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah
Faculty Publications
Ten years after the genocide in Rwanda, the government issued broad new laws outlawing the use of ethnic categories, with a view to uniting all Rwandans under a single Rwandan identity. This self-erasure of ethnic identity is deployed primarily within the borders of the state, to enable reconciliation after the genocide in 1994. Outside the borders, the state deploys ethnic identity as one of the rationales for its cross-border wars (in the Democratic Republic of Congo).
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Faculty Publications
International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …
Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah
Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah
Faculty Publications
In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Faculty Publications
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Faculty Publications
No abstract provided.