POL101Y1 Lecture Notes - Janjaweed, Secret Ballot, Hutu

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4 Apr 2012
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Genocide and Justice
Genocide committed with intent to destroy, in whole or in par, a national,
ethnic, racial, or religious groups
o Genocide occurs by:
Killing members of the group
Causing serious bodily or mental harm to members of the
group
Deliberately inflicting on the group conditions of life calculated
to bring about its physical destruction, in whole or in part
Imposing measures intended to prevent births within the
group
Forcibly transferring children of one group to another group
o Acts directed against political groups are excluded from the definition
of genocide
Crimes against humanity
o Murder; enslavement; deportation; imprisonment; torture; rape; or
other inhumane acts committed against any civilian population,
before during the war
War crimes
o Murder; ill-treatment; deportation for slave labor or for any other
purpose of the civilian population of or in occupied territory
Precedents:
o The trial of Nazi war criminals at Nuremberg for genocide and crimes
against humanity after their DEFEAT in WWII
Not a defense to say “I was following orders”
o Creation of temporary international tribunals 1990’s
o International court to address genocide, war crimes, and crimes
against humanity 1998
Truth commission
o A temporary body
o Created by successor governments
After the governments that allegedly committed crimes against
their own population
o Set up by an official authority
o Mandate: to investigate a pattern of gross human rights violations
committed over a period of time in the past
o Purpose: to issue a public report
Includes victims’ data and recommendations for justice and
reconciliation
Justice punishment against perpetrators
Reconciliation forgiveness; moving on; living in harmony
Test Case: Argentina
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