According to the literal interpretation, the crime of genocide is characterized by an individualistic intent to destroy a group, unlike other international crimes where contextual elements such as the need for plan or policy, or pattern of similar acts, or collective campaign and magnitude are explicitly required as constitutive elements. This thesis, therefore, examines whether ‘contextual elements’ are constitutive elements of the crime of genocide. In particular, it will examine the evolution and the current state of the definition of genocide, to determine the extent to which an individual génocidaire is required to act within a particular genocidal context. This thesis will examine and trace the historical development of the crime of genocide from its inception as an academic concept to the attainment of an autonomous legal character as a crime. It is argued that, during this period, the concept of genocide was akin to the current definition of crime as used in the social sciences. Hence, contextual elements were tacitly perceived and considered as a constitutive part of the concept; therefore, any reference to this period is of little help in the determination of the current status of the contextual element. In addition, it is found that upon codification of the notion of genocide, deliberate efforts were made to depart from the old concept by putting the subjective side of the crime at the centre. Thus, the thesis finds, on the basis of prevailing case law, that today’s dilemma over the crime of genocide originates from the difficulty to separate the concept from its past. This has led, in turn, to the existence of a vague and unsound legal stance on the contextual elements of genocide when the definition is applied to specific cases; therefore, the legal examination of the definition has produced an inconsistent approach bordering on illegitimate law making, especially in the cases of the ad hoc tribunals, by failing to balance the interpretation requirements on the one hand and the requirements of legality and consistency on the other. The thesis also establishes that the protracted debate for inclusion of the contextual elements as legal ingredients of the crime is sustained by this inconsistency. The thesis further evaluates the contextual elements in the light of the new regime of the Rome Statute and its ‘Element of Crimes’ which explicitly require the accused to act in a ‘context of manifested pattern of similar conduct’, but analysis of this requirement reveals that this is only a jurisdictional element to limit the case flow to the International Criminal Court. This research critiques the ‘contextual elements’ and the need for them and concludes with a new case for the assessment of this context as, first, a jurisdictional element and second, necessary on two other occasions: when alleging the existence of the crime of genocide in general and in cases of liability for participation and inchoate offences.

Orientador: Sergio Luiz Cruz Aguilar / Banca: Rodrigo Duarte Fernandes dos Passos / Banca: José Geraldo Alberto Bertoncini Poker / Banca: José Blanes Sala / Resumo: O presente estudo tem por objetivo a investigação da criação de dois instrumentos da Organização das Nações Unidas para a garantia dos Direitos Humanos, o Conselho de Segurança e a Convenção para a Prevenção e Repressão do Crime de Genocídio. Além disso, a principal linha de estudo é que os dois instrumentos supracitados não conseguiram evitar que casos de genocídio voltassem a ocorrer após o Holocausto, como nos casos do Camboja, Antiga Iugoslávia, Ruanda e Darfur, estes dois últimos o foco deste trabalho. Para atingir o objetivo proposto foi feito um estudo cronológico dos eventos, começando pela criação da ONU e o Conselho de Segurança, passando pela Convenção do Genocídio até chegar aos casos dos países africanos. Esta metodologia nos permite entender que mesmo com os esforços das Nações Unidas para garantir a paz e a segurança internacional, os resultados mostram que as medidas não foram suficientes, cabendo então à reflexão dos porquês. O principal objetivo que levou ao estudo deste tema é a busca de entender os motivos da ineficiência da Convenção do Genocídio, buscando nas resoluções aprovadas pelo Conselho de Segurança uma semelhança entre os casos, mostrando assim se há um padrão. Havendo este padrão, se faz necessário entender quais interesses por parte dos países com direito a veto no Conselho, para saber se esses interesses tiveram relações com os genocídios. Sendo assim, a crítica à postura tanto dos membros permanentes, como também de todos os países signatários da Convenção para Prevenção e Repressão ao Crime de Genocídio é importante, pois todos falharam diversas vezes com suas responsabilidades, cabendo então a análise de possíveis alternativas. / Abstract: This study aims to investigate the creation of two instruments of the United Nations to guarantee the human rights, the Security Council and the Convention on the Prevention and Punishment of the Crime of Genocide. In addition, the main line of the study is that the two aforementioned instruments failed to prevent cases of genocide returned to occur after the Holocaust, as in the cases of Cambodia, the former Yugoslavia, Rwanda and Darfur, the latter two the focus of this work. To achieve this purpose was made a chronological study of events, beginning with the UN's creation and the Security Council, through the Genocide Convention until you get to the cases of African countries. This methodology allows us to understand that even in with the UN efforts to ensure peace and international security, the results show that the measures were not enough, then fitting reflection of the whys. The main objective that led to the study of this theme is the quest to understand the reasons for the inefficiency of the Genocide Convention, seeking the resolutions adopted by the Security Council a similarity between the cases, showing if there is a pattern. Having this standard, it is necessary to understand what interests by the countries with a veto in the Council to see if these interests have relations with genocide. Therefore, the criticism of the stance of both the permanent members, as well as all countries signatories to the Convention for the Prevention and Repression of the Crime of Genocide is important since all failed several times with their responsibilities, then fitting the analysis of possible alternatives. / Mestre

O Genocídio Armênio (1914-1916), reconhecido por alguns estudiosos como o protótipo do genocídio moderno, é negado até hoje pelo governo turco, apesar dos protestos da comunidade armênia dispersa em todo o mundo. Oficialmente, a Turquia reconhece que ocorreram muitas mortes, mas nega a intenção estatal do ato genocida. Na mesma época ou até mesmo um pouco antes, os gregos a outra grande minoria cristã do Império Otomano também sofreram massacres e perseguições, com um saldo de centenas de milhares de mortos, vivenciando situações semelhantes às sofridas pelos armênios. Sob este mesmo viés, movimentos nacionalistas e imperialistas europeus levaram à perda significativa de territórios do Império Otomano, forçando, em consequência, a mobilização de centenas de milhares de muçulmanos que, fugindo do domínio cristão, instalaram-se na Anatólia, fortalecendo as questões etno-religiosas. Hoje, essas histórias seguem sendo motivo de questionamento, ainda que esquecidas ou silenciadas por alguns grupos. O objetivo deste estudo é contribuir para a elucidação desta polêmica, reunindo um conjunto de informações que permita uma compreensão mais ampla do assunto. Com base na historiografia especializada no tema, procuramos inventariar e comparar as versões de diversos autores, cujos discursos são complementares ou mesmo antagônicos, bem como a posição oficial do governo turco, postada no site do Ministério das Relações Internacionais da Turquia. Somam-se aqui os testemunhos de sobreviventes e as declarações de diplomatas e missionários estrangeiros que presenciaram os acontecimentos. / The Armenian Genocide (1914-1916), recognized by some scholars as the prototipe of the modern genocide, is denied by the turkish government even today, despite the protests of the armenian community around the world. Officially, Turkey recognizes that many people died in the period, but denies the genocidal intent. At the same time or little before. The greeks the other major minority of the Ottoman Empire also suffered with massacres and persecutions, resulting in hundreds of thousands dead, experiencing similar situations as those suffered by the Armenians. In the same period, nationalist and imperialist movements led to great losses of territory of the Ottoman Empire, forcing, as a result, the mobilization of hundreds of thousands of muslims, escaping from the Christian rule, who settled at Anatólia, stressing the etno-religious conflicts. Today, those stories are still a reason to argue, even if forgotten or silenced by some groups. The intention of this work is help on the elucidation of the polemica, collecting a set of informations that may allow a wider understanding of the subject. Using the specialized historiography, we tried to catalogue and compare the many opinions of authors, whose speeches are complementary or even opposing, as well as the official version of the Turkish government, posted at the Ministery of Foreign Affairs website. Here is added the voices of the survivors and the statements of foreign missionaries and diplomats, who witnessed the events.

Discussions of genocide and ethnic conflict, and their aftermaths, will nearly always provoke emotions and memories which make navigating the subject difficult. Equal sensitivity can lurk in discussions of how reconciliation and lasting peace can best be sought in the volatile Post-Ethnic Conflict Environment (PECE). The Rwandan Government's primary Ingando Peace and Solidarity Camp serves as an example of a mainly Western-funded project that, although superficially ticking the requisite 'democratic and inclusive' aid-agency boxes, relies almost totally on a perceived 'traditional' approach to post-Genocide reconciliation that hinders a truly open discussion of the past. In this thesis I will discuss how the Ingando phenomenon is being utilized by the Rwandan National Unity and Reconciliation Commission (NURC) as a method of establishing unity and social cohesion at the expense of reconciliation, and show how this is reflected in the teaching and content of the work at the camp, where a single view of the past is being promulgated at the expense of open debate.

Este trabalho estuda o tema Genocídio a partir do estudo comparativo dos sete casos do século XX, como oficialmente definidos pelas Nações Unidas: Armênios, Holodomor, Nanking, Holocausto, Cambódia, Bósnia-Herzegovina, e Ruanda. O mapeamento de suas similaridades é contraposto aos modelos de (i) Stanton (Genocide Watch); (ii) Albert Bandura (Desengajamento Moral); bem como (iii) Conceitos desenvolvidos a partir de estudos em Psicologia Social, oportunamente identificados. Chegou-se, então, a um Modelo Teórico Ajustado, sistêmico, que potencialmente ajuda a identificar as causas e consequências de Genocídios. / This work studies Genocide from comparing the seven ocurrences in the twentieth century, as oficially defined as Genocides by the United Nations: Armenians, Holodomor, Nanking, Holocaust, Cambodia, Bosnia-Herzegovina, Rwanda. The similarities among these cases are then compared with (i) The Stanton Model (Genocide Watch); (ii) The Moral Desengagement Framework, as proposed by Albert Bandura; as well as (iii) Social Psychology concepts, identified and conveniently presented. A theoretical adjusted model, systemic, is then presented, aiming to potentially help identifying causes and consequences of Genocides.

The Ottoman Empire was in serious decline by the late nineteenth century. Years of misrule, war, and oppression of its various nationalities had virtually driven the Turks from Europe, leaving the weakened Empire on the verge of collapse. By the 1870s the Armenians were the most troubling group, having gained international sympathy at the Congress of Berlin. As a result, violence against the Armenians had escalated dramatically by the turn of the century. They felt, however, that their fortune had changed when the liberal Young Turks seized power from the Sultan in 1908. Unfortunately, the Young Turks had a much more ominous plan for the Armenians. When they entered World War I as an ally of the Central Powers, they decided to use the cover of war to exterminate the Ottoman Armenians. Over one million Armenians were murdered, and the Turkish government's crimes went unpunished in the postwar world.

Understanding the psychology behind the perpetrators of the Holocaust has been difficult because experiments on conformity and obedience cannot readily simulate the reality of the Holocaust. There exists historical documentation surrounding the leaders of the Nazi organization instrumental for the perpetration of the Holocaust, but the underlying motives of Hitler's leaders relating to governmental policies of systematic extermination of the Jews in Europe, are not known, as the strategy and operationalization of the actions were kept extremely secret, disguised by euphemisms, or only discussed verbally. This research study was to further understand the thought processes behind the manipulation tactics applied by leaders of the Nazi organization, and the leaders of Britain, America, and the Soviet Union during the Holocaust, by reviewing their personal writings, communiques, and orders. The theoretical base used was the theory of groupthink by Janis, because it is most applicable to understanding complex human psychology. The research questions of the study were: a) to find the origins of the Final Solution, why it gained acceptance by the Nazis, and the role of anti-Semitism ; and b) to identify groupthink symptom language relating to German, British, American, and Soviet leaders during the Holocaust. A qualitative multiple retro-historical case study methodology was selected. Data were collected and analyzed from archival material and groupthink theory was found to be ideally suited to the study of the Holocaust. Translation of a period of Alfred Rosenberg's diary relating to Hitler's issuance of the 'Hitler Extermination Order,' was discovered. The results show areas for further research, including the translation into English of the Alfred Rosenberg diary that was lost to history for over 60 years. The findings of this research study will hopefully help organizational psychologists to better remedy groupthink practices.

This paper aims to explore and discuss the points found in published research articles addressing posttraumatic stress disorder in children following the Bosnian Genocide, the terrorist attacks of 9/11, and Hurricane Katrina. The articles vary in their emphasis, methods, and conclusions, but all focus in one way or another on how the occurrence of war, terrorism, and natural disaster have resulted in posttraumatic stress disorder symptoms in youth. Intervention following traumatic events, however, rarely focus on treating mental health needs, and instead, focus on resolving any primary needs of vulnerable populations. The recommended treatment strategies for PTSD in youth require high quality mental health care and great accessibility for victims of trauma. Considering the high prevalence of PTSD in children following traumatic experiences, treatment of PTSD symptoms is necessary to ensure that youth can fully function in their daily lives without a constant reminder of the trauma they experienced.

During the Guatemalan civil war (1962-1996), different forms of anonymity enabled members of the organizations of the social movement, revolutionary militants, and guerrilla combatants to address the popular classes and rural majorities, against the backdrop of generalized militarization and state repression. Pseudonyms and anonymous collective action, likewise, acquired political centrality for revolutionary politics against a state that sustained and was symbolically co-constituted by forms of proper naming that signify class and racial position, patriarchy, and ethnic difference. Between 1979 and 1981, at the highest peak of mass mobilizations and insurgent military actions, the symbolic constitution of the Guatemalan state was radically challenged and contested. From the perspective of the state’s elites and military high command, that situation was perceived as one of crisis; and between 1981 and 1983, it led to a relatively brief period of massacres against indigenous communities of the central and western highlands, where the guerrillas had been operating since 1973. Despite its long duration, by 1983 the fate of the civil war was sealed with massive violence. Although others have recognized, albeit marginally, the relevance of the politics of naming during Guatemala’s civil war, few have paid attention to the relationship between the state’s symbolic structure of signification and desire, its historical formation, and the dynamics of anonymous collective action and revolutionary pseudonymity during the war. Even less attention has received the affective and psychic dynamics between proper naming, state violence, and the symbolic formation of the Guatemalan state. This dissertation addresses that relationship and dynamic. Following a historical-anthropological perspective, I argue that, from the late nineteenth century to the 1960s decade, prior to the beginning of the civil war, the Guatemalan state took the form of a finca-state. The Guatemalan finca-state functioned by inscribing, in the form of proper names, lineages and inheritance of colonial and post-colonial origin that came to signify wealth, whiteness, renown, and surplus of pleasure or jouissance, in the form of White-European patronymics, by virtue of which, indigenous proper names were forced to occupy the position of loss. This form of inscription, I argue, produced the foreclosure of the indigenous other. For the indigenous pueblos, nonetheless, state enforced inscription established forms of interpellation that desubjectivized the conditions of their own institutions of proper naming by turning them into mere objects of identification. The politics of pseudonymity and anonymity that proliferated between 1979 and 1981, especially among indigenous people of the Guatemalan highlands, was a refusal of a form of state that excluded the possibility of their recognition beyond identification. In a deep sense, anonymity and pseudonymity enabled revolutionary militants to become truly others, a condition that disorganized previous forms of state identification. In their inability to respond to a sense of crisis under conditions of anonymous collective action and revolutionary pseudonymity, the Guatemalan army responded with massive violence as an attempt at eliminating their sense of threat. I pay particular attention to the Ixil region, where the UN sponsored Guatemalan truth commission concluded that the Guatemalan army perpetrated acts of genocide against indigenous communities of Ixil descent. This dissertation is based on extensive archival research conducted between the months of October 2014 and May 2015, extensive collective and individual interviews carried out between 2004 and 2007, and ethnographic observation in the Ixil region between May and October of 2015. Its methodology follows the routes of collaborative research, archival reading, and ethnographic participant observation.

No description available.