Class Notes (835,108)
Canada (508,934)
POL101Y1 (1,148)
Lecture

Genocide and Justice lec 12.doc

4 Pages
129 Views
Unlock Document

Department
Political Science
Course
POL101Y1
Professor
Joseph Wong
Semester
Winter

Description
Genocide and Justice Professor Janice Stein 1. Genocide – abstract concept - The Convention on the Prevention and Punishment of the Crime of Genocide (1945) o Lacks a proper punishment - committed with intent to destroy a national , ethnical, racial or religious group - occurs by: killing members of the group, causing serious bodily/mental to the group, - anything deliberately intended to destroy a group - massive forced sterilization - by definition not genocide if based on roots of political affiliation 2. Crimes Against Humanity (just below genocide) (1945) - The Charter of the International Military Tribunal - Namely murder, enslavement, deportation, imprisonment, torture, rape etc.. 3. War Crimes – violations of the laws & customs of war - Namely murder, ill-treatment, deportation for slave labour or for any other purpose of the cistlian population of or in occupied territory - (Holocaust – 1 time there was large-scale, systematic execution of a group) - (Nuremburg trials – set up by a council of the victorious parties of WWII to try those who lost the war for the acts committed not in a military context but against the civilians living amongst them during the war) (created in ad hoc way – no previous trials) Difference between war crime & Crime against Humnaity - Each has to do with the systematic intent - The fundamental question in legal theory is whether the killings were planned, systematicly against a group of people - Crimes against humanity can occur in any setting - War crime takes place during war Objections against Convention on Genocide - The convention excludes targeted political & social groups - Proving intention beyond reasonable doubt is extremely diff - The difficulty of defining or measuring ‘in part’ & est how many deaths equal genocide - Not genocide unless systematic, deliberate attempt to destroy a group Precedents - The Nuremburg trials - The Nuremberg marked a fundamental change in international law – gov’ts held accountable for actions against their own citizenry or those under their control o Says state sovereignty does not trump everything o States have responsibility to their citizens & citizens of other states - (if sovereign in territory, outsiders cannot interfere w/ matters of the state inside the state) - Soldiers are legally bound, even at threat of own life, to not commit genocide - Trails emphasized the duty to prosecute & punish so as; o To preserve the collective memory of those who were killed; to memorialize o To create a collective and objective history of what had happened o To create an effective deterrent Responsibilities of Individual States - Even after they have been defeated and replaced, the perpetrators of past crimes may still weild considerable polit power - Even after dem elections, military that committed genocide, remains intact - Past perpetrators of abuses may still command the loyalty of signif parts of the the pop; prosecution may threaten war - Change in gov’t may have taken place after a protracted civil war, with terrible abuses on all sides, and no clear victor. => reps of all sides may … - How should emerging democracies address the atrocities of their recent past when the perpetrators still wield considerable polit or military power? o Truth commission – a temporary body, set up by an official authority (pres/parlia) to investigate a pattern of gross human rights violations committed over a period of time in the past, with a view to issue a publish report which includes victims’ date and recommendations for justice and reconciliation  ^ justice & reconciliation are in direct conflict w/ one another  Trade-off – sacrifice of justice to promote democratic institutions/social peace  Victims of residential school cases… truth commission in canada right now Test Case : Argentina - Under a military government in the 1970s, about 30,000 people were “disappeared” in the war against subversion - Referred to as “el Proceso” or the Dirty War - Gov’t was only removed when it lost in a naval battle against the British, resignation of all generals, but remained in power - New civilian gov’t had to make a decision, what to do about disappearances o Brought some militart leaders to trial for crimes against the Argentiean population o Appointed a presidential panel to investigate the political disappearances of thousands
More Less

Related notes for POL101Y1

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit