International humanitarian law, international criminal law and international human rights law all share the common goal of seeking to regulate the behavior of international actors in relation to the three most serious offences under international law - genocide, war crimes and crimes against humanity. International legal rules, processes and institutions within these three areas of law represent the international community's ongoing quest to address and prevent the commission of these crimes - to create "a more humane world under law." International law has therefore been relied upon as the primary - arguably exclusive - mechanism for prescribing rules of conduct and for enforcing prescribed rules. It is clear, however, that the legal framework alone has not been able to bridge the gap between internationally agreed standards and substantive practice on the part of international actors. That international law comprises only a partial solution to the problem of human rights atrocities is well recognized. It is argued here that the international community's preoccupation with international law as the means for regulating State and individual behavior in this area has in fact contributed to continuing problems of non-compliance as much as it has assisted in engendering compliance with the law. In other words, law is as much a part of the problem as it is a part of the solution. It is argued that the international community must look beyond the law, to non-traditional, informal influences operating alongside the law, in order to move towards the goal of effective enforcement of the law prohibiting genocide, war crimes and crimes against humanity. Based on Constructivist thinking, four key strategies - departures from traditional Positivist-Realist conceptions of the international legal system - are suggested as focal points for enhancing compliance with the laws in this area, these being: active differentiation between the target subjects of the law; utilization of the dual power of international humanitarian law; employing social norms and ethical values as motivations for compliance with the law; and embracing the informal compliance-inducing activities and powers of non-state actors. Applying these strategies to the humanitarian law enforcement project, a reversal of traditional perceptions of the influence of ethics and law in relation to individual and State target subjects respectively, is proposed as a future direction for enhancing compliance and furthering the prevention project in relation to genocide, war crimes and crimes against humanity. / Law, Peter A. Allard School of / Graduate

Orientador: Amnéris Angela Maroni / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas / Made available in DSpace on 2018-08-26T22:59:22Z (GMT). No. of bitstreams: 1 LoraLeon_MagdaPatricia_D.pdf: 2142782 bytes, checksum: 7591bec0407574f1c9f072d08b01ac95 (MD5) Previous issue date: 2014 / Resumo: A presente tese assume o desafio de desvendar o potencial enunciativo assim como do pensamento enunciado nas formas de comunicação produzidas nas três últimas décadas pelos povos indígenas Kogui, Wiwa, Arhuaco e Kankuamo da Serra Nevada de Santa Marta, Colômbia. Para isso, a pesquisa realiza uma observação sistemática (etnografia) dos artefatos comunicativos indígenas e das filosofias, conhecimentos e sensibilidades mobilizadas pelos seus enunciados que nos espaços de relação com a sociedade majoritária vêm reconfigurando, pluralizando e tensionando cosmopoliticamente as noções modernas de humano, humanidade, natureza, território, conhecimento e direitos humanos. A pesquisa identifica neste processo que chamo de comunicação "reversa" o modo como essas formas de expressão veiculam categorias, universos conceituais e de significação, configurando dessa maneira um lugar de enunciação político, epistêmico e ético. A partir dos conceitos costurados nas escritas produzidas nesse lugar de enunciação, a tese visa explorar o potencial do pensamento serrano enquanto alternativa ética para se (re)pensar a compreensão ocidental e antropocêntrica sobre o sentido do humano e de humanidade / Abstract: This thesis takes on the challenge of unraveling the enunciative potential and enunciated thought in the forms of communication produced in the last three decades by the Kogui, Wiwa, Arhuaco, Kankuamo indigenous peoples of the Sierra Nevada de Santa Marta in Colombia. The research provides a systematic observation (ethnography) of the indigenous communicative artifacts and the philosophies, knowledge and sensibilities mobilized by their statements. I argue that such communicative artifacts in the spaces of relationship with the majority society has cosmopolitically reconfigured, pluralized and tensioned modern notions such as human, humanity, nature, territory , knowledge and human rights. In this process I call "reverse communication", the research identifies the manner in which the indigenous forms of expression convey categories and conceptual universes of meaning, thus setting up a place of political, epistemic and ethical enunciation. Based on the concepts sewn in writings produced in this place of enunciation, the thesis aims to explore the potential of indigenous thought as an ethical alternative to (re)think western and anthropocentric understanding of the meaning of humankind and humanity / Doutorado / Ciencias Sociais / Doutora em Ciências Sociais

"Although the concept of human rights is not new, it has never attracted more attention than today. However, contrary to the tremendous growth of concern for the international protection of human rights, Rwanda was visited by three main deplorable waves of war crimes, crimes against humanity and genocide. Therefore, while the study is based on the premise that the primary duty of preventing these international crimes lies with the state, it will be argued that the secondary duty lies with international organisations like the UN and the AU. Both organisations could have averted or minimised the atrocities that occurred in Rwanda. Accordingly the study aims to address four issues. First, it attempts to review the weaknesses of the UN and OAU in their human rights monitoring and promotional fucntion derived from international human rights instruments. Second, it seeks to investigate the shortcomings and the failures of these two organisations in intervening to stop the Rwandan genocide. Third, it attempts to examine the UN's and AU's current handling of the cases of genocide as a preventive mechanism against gross human rights violations in Rwanda. Finally, the study will attempt to see if the failures seen in Rwanda are reflected in the current responses of the UN and the AU. The study presupposes that the 1994 Rwandan genocide, although not altogether inevitable, would not have been so comprehensive had the UN and the OAU/AU not developed a culture of impunity in the genocide of 1963 and 1973. One way assume, too, that the suffering could even have been minimized had there been active measures taken by these two organisations. This thesis proceeds on the premise of a problem that the vacuum that still exists under the Rwandan situation, both pre- and post-1994 genocide, as well as the weakness of the response from the UN and AU, is also abetting the current genocide in Sudan and countries with a volatile situation, like the Democratic Republic of Congo and Burundi." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM

"It is an accepted norm of international law that sitting heads of state have immunity from criminal prosecutions. A head of state is normally entitled to immunity from prosecution anywhere, even after he or she is no longer the head of state. However, in recent years we have witnessed the dramatic shift from this customary international law principle where some jurisdictions have been arresting, or threatening to arrest, former and sitting heads of state in order to institute criminal prosecutions against them. There is, however, no uniformity in the application of this action. Those jurisdictions that determine who is to be arrested or prosecuted are so selective that not all those alleged to have committed these crimes are arrested or prosecuted. On the other hand, existing jurisprudence on this subject is not firm in its application. This problem, therefore, calls for harmonisation of the application of the principle of immunity for heads of state in order to make international law reflect the real consent of states. ... The study is divided into four chapters. Chapter one addresses the background on which the study is premised, outlines the statement of the problem, objectives and their significance and the literature review. Chapter two discusses the principle of immunity as developed by prominent international lawyers, courts decisions and other generally applied principles in international law. Chapter three takes the practical application of the principle of head of state immunity against criminal prosecution in interantional law. This involves an examination of the application of the principle from selected national jurisdictions and by the International Court of Justice. Chapter four concludes the discussion and provides for necessary recommendations on the way forward." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The dissertation focuses on water, which has become the focal point of global debate today among nations. This is due to ever-increasing population and the insatiable consumer demands that the market makes on humanity, putting heavy stress on natural resources, especially water. Since the 1980s, rich countries and the institutions they control, i.e. the International Monetary Fund (IMF), the World Bank (WB) and the World Trade Organization (WTO) have been forcing poor countries to implement policies and sign agreements that do them more harm than good (i.e. privatization of state assets such as water). The debt crisis drove many poor countries into structural adjustment programs as a condition for receiving IMF and World Bank aid. These programs, under various names, contain policies that compel vulnerable countries to expose their social services to competition with big profit making corporations. Through persuasion, threats, bullying and conditions attached to loans and aid, poor countries have been forced to: <ul> <li>Open their markets in order to subsidize exports from rich countries.</li> <li>Stop prioritising domestic producers.</li> <li>Divert development efforts away from local food markets, and</li> <li>Privatize essential services such as water system, electricity etc.</li></ul> These debt relief conditions and trade agreements are focused solely on making profit and not on improving the livelihood and welfare of the poor. The theory that the World Bank, the IMF and the WTO put forward is that increased trade will automatically be equal to improved welfare. This equality has not worked in practice as Raj Patel in a more or harsher description, that structural adjustment and other trade related policies could also be seen as a “weapon of mass destruction” (Znet, November 28, 2000). The author concurs with Patel’s view, as according to UNICEF, over 500,000 children under the age of five died each year in Africa and Latin America in the late 1980s as a direct result of the debt crisis and its management under the International Monetary Fund’s structural adjustments programs. These programs required the abolition of price supports on essential food-stuffs, steed reductions in spending on health, education, and other social services, and increases in taxes. The debt crisis has never been resolved for much of Sub-Saharan Africa. Extrapolating from the UNICEF data, as many as 5,000,000 children and vulnerable adults may have lost their lives in this blighted continent as a result of the debt crunch (World Policy Journal, Volume XIX, No.4, Winter 2002/03). Privatization and commodification of water system is the order of the day in many developing countries. It has raised survival issues for the poor and the marginalized, causing problems such as scarcity of safe drinking water, pollution of water and soil, and destruction of agricultural sectors in other parts of developing countries. This dissertation emphasizes that all people have internationally accepted rights to water “all peoples, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantities and of a quality equal to their basic needs” (United Nations 1977). This right is being violated for millions of people around the globe, particularly in developing countries such as Africa, Asia and Latin America. This dissertation reminds the church leadership, members of faith communities and all relevant stakeholders of their responsibilities to God-given gift of water. Both the Old and New Testament understanding of justice as taking the side of the poor and oppressed, and also seeking to compel us to action, i.e. to address the exploitative and oppressive systems that seek to hold the poor and their oppressive structures. We are inspired to strive for justice, each in our own place and according to our separate gifts. We are called to the struggle to make trade a means of sharing the bounty of the earth and the fruits of human labor, and to ensure that people’s rights to water is fully respected. The dissertation emphasizes that “water” is the source of life, a gift of nature and that it belongs to all living beings and the rest of creation. God who is the creator gives this right to everyone. It is not a private property but a common resource for the sustenance of all members of plant and animal kingdoms. / Thesis (PhD)--University of Pretoria, 2008. / Practical Theology / unrestricted

This essay studies if the Sweden Democrats is a centrist party or not. The party’s ideological affiliation has been debated for a long time in Sweden. The party has been described as fascists and racists by opponents from both right- and left-wing. Most of the research on the Swedish Democrats has focused on the party’s connections to right-wing populism and nationalism. But the research has paid little attention to study the Sweden Democrats as a centrist party, despite the party defining itself as it. This makes it interesting to further investigate what ideological association the party has since they define themselves as centrist combined with elements from both right-and left-wing ideologies. It’s a study on the party’s updated party-platform, the study focuses on how the party describes the state, the economy and their view of humanity. The purpose of this study is to examine if the party is a centrist party based on the ideologies of liberalism, conservatism and social democracy through the use of the ideal-type analysis. The ideologies work as theories in this study. These ideologies were formed into ideal-types and were then applied to the chosen policy areas to be examined, to study whether the party had any connection to these as they claimed.

Dialogue is a conversation situated in a view of existence as relational (Bakhtin, 1981; Buber, 1970). As a result, it evokes love—love as the constant companion to human experience that allows for collaboration, co-existence, and evolution (Maturana & Verden-Zöller, 2008). Dialogue, and its potential to generate love, offers persons the ability to understand how love can be activated within relationships and in daily encounters as a result of dialogical engagement. It also holds implications for the field of family therapy, including the nature and purpose of therapy, as well as training and practice. In order to understand how love and dialogue evoke one another, each was explored as a concept. Dialogism, the foundational philosophy of dialogue as articulated by its principle contributors, Mikhail Bakhtin (1981) and Martin Buber (1970), provides a relational, ontological context for dialogue as a conversation. Love, as an experience of shared humanity—as a “bumping into” humanity’s “collective consciousness” (Gumbrecht, Maturana, & Poerksen, 2006), initiates, fuels, and emerges within dialogue. Love and dialogue are foundational to human existence and therefore cannot be separated. This recognition results in an acceptance of love-as-dialogue. Love-as- dialogue presents individuals with a way of living that orients them toward engagement. It also invites family therapists into a conversation about therapy as a meeting of human beings and therefore as being situated in love.

In the decades after attaining independence from its colonial masters, Rwanda’s two principal ethnic groups, the Hutus and the Tutsis, suffered worsening tensions which often resulted in the perpetration of atrocities. Peace agreements brokered by the international community did not ease these ethnic tensions. In April 1994, the ethnic crisis took a different dimension following the assassination of the Presidents of Rwanda and Burundi. A full-blown genocide was committed by the Hutus who targeted their Tutsi and Hutu-moderates victims because of their ethnic identity and tolerant political views respectively. In a hundred days, about a million Tutsis and Hutu-moderates were massacred. Gross violations of human rights had been committed. The planning, preparation and execution of these atrocities were done by almost everyone within the Hutu majority: the leadership (both civilian and military), business men, the clergy, artists, professors, journalists, militias, the commoners, and other civil society actors. The Rwandan Patriotic Front (RPF) under the leadership of General Paul Kagame overthrew the Rwandan Armed Forces (RAF) and brought the genocide to an end. In an effort to build a government of national unity, the Government of Rwanda under the leadership of President Paul Kagame requested the United Nations Security Council to establish a tribunal for the trial of persons who bear responsibility for the atrocities committed in Rwanda. In response to this request, the United Nations Security Council passed Resolution 955 (8 November 1994) creating the second United Nations’ ad hoc international criminal tribunal, the International Criminal Tribunal for Rwanda (ICTR). Annexed to Resolution 955 was the Statute of the ICTR. The Statute gave the Tribunal jurisdiction over three crimes: genocide, crimes against humanity and violations of Article 3 common to the Geneva Conventions and of Additional Protocol II. Amongst other things, it also defined on which individuals it would impose criminal responsibility. The definition of genocide and the punishable acts as contained in the Statute of the ICTR (Article 2) were simply imported from the United Nations’ Convention on the Prevention and Punishment of the Crime of Genocide, 1948 (Article III). One of these punishable acts is direct and public incitement to commit genocide (Article 2(3)(c) of the Statute of the ICTR). As seen in Article 6(1) of the Statute of the ICTR, there are five different modes of participation that would lead to the imposition of criminal responsibility: planning, instigating, ordering, committing or otherwise aiding and abetting. Instigation is one of these modes of participation. An examination of the jurisprudence of both the Trial and Appeal Chambers of the ICTR reveals that there is an overlap between direct and public incitement to commit genocide under Article 2(3)(c) and instigation as a mode of participation under Article 6(1). The Trial and Appeal Chambers have contributed enormously to the development of the jurisprudence of direct and public incitement to commit genocide under Article 2(3)(c). Now settled as an inchoate crime in international criminal law, criminal responsibility is imposed irrespective of whether the direct and public incitement successfully results in the commission of genocide. On the other hand, instigation is one of the modes of participation which would lead to the imposition of criminal responsibility. Participation under Article 6(1) is not limited to any particular crime, but extends to all the crimes over which the ICTR has jurisdiction – genocide, crimes against humanity and violations of Article 3 common to the Geneva Conventions and of Additional Protocol II. The jurisprudence of the Trial and Appeal Chambers on Article 6(1) states that criminal responsibility can only be imposed where it is proved that the accused’s mode of participation substantially contributed to the commission of the crime. Therefore, instigation, which is one of the modes of participation, must be shown to have substantially contributed to the commission of the crime for criminal responsibility to be imposed. In my opinion, this requirement of substantial contribution for the imposition of criminal responsibility is wrong. It emanates from a poor understanding of Article 6(1) and the construction of the words therein. It is a judicial invention which does not square with established principles of criminal responsibility in general and inchoate crimes in particular. This thesis critiques the jurisprudence of the ICTR on instigation as a mode of participation under Article 6(1). Instigation is a recognised mode of participation in international crimes. Under the common law system, it is also an inchoate crime. International instruments and the jurisprudence of the Trial and Appeal Chambers have recognised the inchoate nature of incitement. However, in the construction of Article 6(1) wherein instigation features as a mode of participation, the Trial and Appeal Chambers erred. I illustrate in this thesis that a correct construction and understanding of Article 6(1) shows its inchoate and bifurcated character: first, any of the modes of participation must lead to any of the stages of any of the crimes (planning, preparation or execution). These modes of participation are not limited to any particular crime. Therefore, if instigation leads to the planning or preparation of any of the crimes, that renders it inchoate (which is understood to mean a criminal activity that is incomplete, still at its initial stage). Second, the imposition of criminal responsibility is bifurcated. In other words, it must go through two stages: first, there must be a mode of participation, and second, it must lead to any of the stages of the crimes. Third, the substantial contribution requirement does not square with a strict construction of Article 6(1). In articulating the different stages that a mode of participation must lead to, it states ‘planning, preparation or execution’ of any of the crimes. The use of a disjunctive word ‘or’ rather than a conjunctive word ‘and’ suggests that any of the modes of participation that leads to any of these stages (planning, preparation or execution) of any of these crimes (genocide, crimes against humanity, violations of Article 3 common to the Geneva Conventions and of Additional Protocol II) would suffice. Therefore, to require that there must be a substantial contribution to commission of a crime before criminal responsibility can be imposed under Article 6(1) is a clear limitation to the last stage of the crime, which is execution (or commission). As evidenced by the cases tried at the Tribunal, Article 2(3)(c) which addresses the inchoate crime of direct and public incitement to commit genocide and Article 6(1) which deals with the imposition of criminal responsibility, do overlap. In other words, incitement that qualifies as direct and public incitement to commit genocide under Article 2(3)(c) may as well qualify as instigation to any of the crimes over which the ICTR has jurisdiction under Article 6(1). From the delivery of its first judgment in the case of The Prosecutor v Jean-Paul Akayesu,1 the Trial Chambers did not recognise the confluence 1 Judgment, Case No. ICTR-96-4. T. Ch. I, 2 September 1998. between these two Articles. However, in the case of The Prosecutor v Callixte Kalimanzira,2 the Trial Chambers made this observation, and outlined a set of guidelines on how to resolve cases of overlap. Though a colossal step in fixing this problem, the guidelines are faulted because they repeat the same mistakes made by previous Trial Chambers: first, they limit instigation only to genocide even under Article 6(1); second, they still hold that criminal responsibility can be imposed under Article 6(1) only when it is proved that the mode of participation substantially contributed to the commission of the crime. While it resonates with conventional wisdom today that incitement, synonymous with instigation, is limited to the crime of genocide, this thesis critiques the jurisprudence of both the Trial and Appeal Chambers of the ICTR and argues that instigation is a mode of participation in crimes against humanity following a strict construction of Article 6(1). Furthermore, incitement that qualifies as ‘direct and public incitement’ to commit genocide under Article 2(3)(c) may also qualify as instigation to commit genocide, crimes against humanity, or both under Article 6(1). Third, ‘direct and public incitement’ to commit genocide under Article 2(3)(c) is limited to the crime of genocide, and must fulfil the caveats of ‘direct’ and ‘public’. Meanwhile, instigation under Article 6(1) does not need to meet any requirement as long as it leads to the ‘planning, preparation or execution’ of any of the crimes over which the ICTR has jurisdiction. The poor construction of Article 6(1) has resulted in huge controversies about instigation as a mode of participation in crimes over which the ICTR has jurisdiction under Article 6(1). More specifically, instigation, which is one of the modes, overlaps with the wording of Article 2(3)(c) which deals with the inchoate crime of direct and public incitement to commit genocide. The substantial contribution requirement is a judicial invention which does not align squarely with established principles of criminal responsibility for inchoate crimes. It is the unfortunate outcome of a poor construction of Article 6(1) and has orchestrated a confused understanding of instigation as a mode of participation. It has blurred and obfuscated instigation as a mode of participation in crimes against humanity; stagnated the evolution of the jurisprudence on instigation to 2 Judgment, Case No. ICTR-05-88-T, T. Ch. III, 22 June 2009. commit crimes against humanity; and above all, propelled international criminal law on an ambitious and controversial mission from which it must retreat

The purpose of this thesis is to determine the meaning of the necessary prerequisite attack in the international core crime crimes against humanity. Based on this, the thesis also aims to determine how a Swedish court should interpret the necessary prerequisite attack. Lastly, the thesis aims to assess the necessary prerequisite attack from an external gender perspective. Cases from the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Criminal Court were analysed to fulfill this purpose. Two methods are applied: the doctrinal study and the gender perspective. Three incidents from the ongoing Russian invasion of Ukraine have been used to exemplify and discuss some of the theoretical aspects of this thesis. These are the extensive sexual violence against women, the mass executions of men in Bucha, and the forced deportation and illegal adoptions of Ukrainian children. The thesis shows that the necessary prerequisite attack consists of several elements, which all have to be present for the necessary prerequisite to be considered fulfilled. There must be an attack, the attack must be widespread or systematic, the attack must be directed against a civilian population and the perpetrator’s acts must constitute part of an attack that they are aware of and knowingly participates in. An attack no longer needs to occur within the context of an armed conflict or with discriminatory intent, except for the specific act of persecution. An element that appears required for a course of events to constitute an attack is that of a policy, though there is a lack of consensus on this matter. The international views of the necessary prerequisite attack differs, especially regarding the policy element, and the next question that has to be answered is therefore how a Swedish court should interpret the necessary prerequisite attack. Which case law or legal sources should they use, and why? The thesis argues that the Swedish International Crimes Act should be used first, and the Swedish preparatory work has clear indications to follow the International Criminal Courts case law. This means that it is likely that a Swedish court would apply the policy element. The thesis ends with an analysis of the necessary prerequisite attack and acts of sexual violence from a gender perspective. The thesis shows that there has been a positive development in the last 30 years in how acts of sexual violence are viewed and handled within the field of international criminal law.

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