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Genocide and justice.docx

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Political Science
Joseph Wong

Genocide and justice January 16, 2012 Definition Genocide is committed with intent to destroy in whole or in part a national, ethnical, racial or religious group Genocide occurs by: - Killing members of the group - Causing serious bodily or mental harm to member of the group - Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part - Imposing measure intended to prevent births within the group - Forcibly transferring children of one group to another group - Acts directed against political groups are excluded from the definition of genocide Nothing here about gender, age, sexual orientation or political group Crimes against humanity The charter of the international military tribunal passed in 1945 described these atrocities as customary international crimes that justify international crimes sanctions 1. Crimes against humanity namely: - Murder - Enslavement - Deportation - Imprisonment - Torture - Rape - Other inhumane acts - Committed against any civilian population before or during the war 2. War crimes or violations of the laws and customs of war namely: - Murder - Ill treatment - Deportation for slave labor or for any other purpose of the civilian population of or in occupied territory Precedents: 1. The trial of Nazi war criminals at Nuremberg for genocide and crimes against humanity after their defeat in WW II The truth of reconciliation- political response Ex. Arab spring Creation of temporary allies Creation of international criminal court A truth commission is - A temporary body - Created by successor government. Government that go after a government that have committed crimes - Set up by an official authority ( president, parliament) to - Investigate a pattern of gross human rights violations committed over a period of time in the past, with a view to - Issuing a public report, which includes - Victims data and recommendations for justice and reconciliation - To provide justice to the victims and families who have survived - Reconciliation to move on from the criminal act Test case: argentina - Under a military government in the 1970s of 9000 – 30000 persons are estimated to have disappeared in the war against subversion - Referred to as “El proceso” or the Dirty War - The loss to the UK in the Farklands war of 1982 - Appointed a new president to try and find the lost people - Panel published call Nunca Mas or Never Again - Unrest among military led to - To retreat from further prosecutions and - Amnesty most violations by junior and mid-level officers What went wrong? - They were slow - Prosecution of mid-level officers rather than only the senior commanders, galvanized military opposition - The lesson is: justice and political stability are best reconciled through a program of prosecutions that has defined limits The Chilean and south African alternatives - President alywin was inaugurated in march 1990 after negotiating transitional arrangements with The new government - Established two goals: reparation and prevention. It explicity did not emphasize punishment as one of the principle objectives - Gave priority to disclosure of the truth - The emphasis was on memorialization and creation of a new shared identity The mandate of the national commission for truth and reconciliation - To describe how a repressive system
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