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A history of the bounty system used during the Civil WarFord, Oren 01 January 1933 (has links)
The purpose of this thesis is to trace the history of one of the chief elements which entered into the securing of recruits during the Civil War. This was the bounty system as it was used by the National, State, and local governments.
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Instigation to commit crimes against humanity under Article 6(1) of the Statute of the International Criminal Tribunal for Rwanda: a critique of the jurisprudence of the Trial and Appeal ChambersAgbor, Avitas A 04 April 2013 (has links)
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
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Refugee inclusion in national education systems: A comparative case study of policy context, social cohesion, and responsibility-sharing in Lebanon and TurkeyPacifico, Arianna January 2023 (has links)
Global forced displacement is on the rise with 32.5 million people currently living as refugees, about half of whom are school-aged children and youth. Within this context, refugee inclusion in host country education systems has emerged as a growing policy priority in an effort to improve education access and quality. However, there is limited research on the impacts of the policy shift and many challenges remain. Addressing this gap, this dissertation examines the internal and external influences on host country refugee education policy decisions, the ways refugee inclusion in national education systems interacts with social cohesion, and the role of the global aid system in facilitating the inclusion of refugees. Data for this comparative case study across Lebanon and Turkey are based on 47 semi-structured interviews with education actors engaged in the response to the Syrian crisis at the global, regional, national, and local levels to examine the assumptions, influences, processes, and practices of refugee inclusion in national education systems.
This dissertation is presented in three distinct papers. The first examines why policies of refugee inclusion were enacted, the timing of such reforms, and contextual reasons why reforms took the shape they did. Drawing on policy transfer scholarship, my findings reveal that some of the drivers to embrace global refugee policies include expectations for crisis resolution, calculation of political and economic risks and benefits, and the operational realities of their education systems. The second paper questions the logic that policies of inclusion necessarily support social cohesion and sustainable peace in refugee-hosting contexts. I apply the '4Rs' framework of Redistribution, Recognition, Representation, and Reconciliation (Novelli, Lopes Cardozo & Smith, 2017) to analyze the ways that education interventions in support of refugee inclusion have contributed to social tension in Lebanon and Turkey while providing and important opportunity to address longstanding issues of marginalization and exclusion beyond refugees.
The final paper builds on constructivist international relations theory to explore the relationship between the global refugee education policy agenda, the interests of donor states, and what that means for international responsibility-sharing, a foundational component of the refugee inclusion movement. I argue that there is a complex relationship between efforts to include refugees in national education systems and the national interests of donor countries including discouraging onward migration, promoting stability and social cohesion in neighboring regions, and reinforcing global hierarchies in the international system. Findings across the three papers contribute to theoretical and empirical debates around refugee education and humanitarian and development action. I conclude by pulling together themes that run through the dissertation and discussing theoretical and empirical contributions across the three papers.
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The Forgotten Boys of the Ninth Corps: Reappraising the Combat Performance of the 31st Maine and 17th Vermont Volunteer Infantry RegimentsCaillot, Alexandre F. January 2023 (has links)
This dissertation explores the combat performance of the Union soldiers who filled newly-raised regiments that fought through the Civil War’s final year. Period observers and historians have typically regarded such later arrivals as substandard to the “Boys of ‘61” who enlisted at the war’s start. Tapping the methods of social and traditional military history, this work is among the first to assess the record of these soldiers under fire. It does so by tracing the experiences of the 17th Vermont and 31st Maine Volunteer Infantry Regiments, starting with their formation and continuing with their service throughout the Overland and Petersburg Campaigns (May 1864 – April 1865). Both outfits fought in the Army of the Potomac, the Union’s largest field army, in which only half of whose veterans reenlisted on the expiration of their original three-year terms. The 17th and 31st maintained moderate to high levels of unit cohesion, showed determination to accomplish battlefield objectives, and sustained heavy casualties in the process. This project justifies a reappraisal of the later arrivals, a population of approximately 820,000 white men who donned the uniform between 1863 and 1865. These forgotten boys in blue left behind a record of valor and sacrifice essential to achieving the destruction of the Confederacy. / History
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The marginalization of girl soldiers in Sierra Leone’s Disarmament, Demobilization and Reintegration program : an analysis based on structuration theoryJones, Lindsay January 2008 (has links)
Note:
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An analysis of Tanzania's recognition of Biafra.Theuman, Richard Leo January 1971 (has links)
No description available.
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Lord Palmerston’s diplomatic partisanship in favor of the Confederate States during the American Civil War, April, 1861 - October 24th, 1862.Sacks, Benjamin. January 1927 (has links)
No description available.
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Confederate operations in Canada during the Civil WarWhyte, George H. January 1968 (has links)
Note:
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Dos polos de la realidad en la obra de Ana María MatuteLefebvre, Marie Marthe Jeanne Céline. January 1976 (has links)
No description available.
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Changing Narratives of the Sri Lankan Civil War: How Sinhalese Buddhist Nationalism and Tamil Nationalism are Rooted in Class and Caste ConflictWijedasa, Ivana January 2022 (has links)
Thesis advisor: Kalpana Seshadri / The dominant discourse on the Sri Lankan civil war classifies it as an ethnic conflict resulting from Sinhalese Buddhist nationalism and Tamil nationalism. The classification of Sri Lanka as an ethnic conflict neglects to account for divisions within both the Sinhala community and the Tamil community, especially along class and caste divisions. This thesis provides a nuanced historical understanding of the Sri Lankan civil war as a class conflict arising from Sinhalese nationalism and manufactured ethnic tensions. The argument presented is that the Sri Lankan civil war is rooted in class struggle within and across ethnic groups for access to political power and economic equality. Since there have been instances of solidarity between Sinhalese people and Tamils due to shared class interests, it is clear that ethnic divisions were not inherent to the Sri Lankan polity but were caused by colonial policies and class divisions. To make this argument, the thesis utilizes an intersectional Marxist framework accounting for the influence of ethnic relations in class theories of exploitation, exclusion, and class interests. The thesis concludes with a focus on the current economic crisis in Sri Lanka and how it furthers my argument for a nuanced understanding of the civil war with attention to the class disparities in the nation. / Thesis (BA) — Boston College, 2022. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Departmental Honors. / Discipline: International Studies.
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