Conceptualizing the National Group for the Crime of Genocide: Is Law Able to Account for Identity Fault Lines?

2020 ◽  
pp. 1-22
Author(s):  
Carola Lingaas

Abstract “National group” is one of four victim groups that is explicitly protected by international criminal law from genocide. At the core of any genocide lies an element of identity. Yet, the fixed group categories that the law provides for seemingly do not conform to the fluidity of group identities. Is the law at all able to account for identity fault lines? By recourse to research on identity construction and otherness, this article argues that the interpretation of the law of genocide can benefit, structurally and legally, from insight into the forces at work before a genocide erupts. In recognizing the perpetrator’s definitional power over the victim group, the courts should increasingly focus their investigation into the mind of the génocidaires and their perception of the national victim group. In addition to discussing the dynamics of intergroup conflicts leading up to a genocide, this article also looks at the jurisprudence of criminal courts on the issues of nationality, national groups, and national identity for the crime of genocide.

Crimen ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 182-197
Author(s):  
Olivera Ševo

The paper deals with the principle of legality from the perspective of crime against humanity proceedings in Bosnia and Herzegovina (BiH). During the armed conflict in BiH many war crimes were committed, among all others, a lot of crimes against humanity. In the time when the crimes were committed, a crime against humanity was not prescribed by the in effect criminal code. Despite that fact, criminal courts in BiH convicted numerous offenders for crimes against humanity on the basis of its prescription in international law. That led the author to the question: what was the path of crime against humanity proceedings in BiH? In the first part of the paper, the author gives an overview on the matter of jurisdiction for crime against humanity in BiH and position of principle of legality in the BiH legal system. That part also contains the insight into the main characteristics of the principle of legality's understanding in different legal traditions, but also the insight into this principle understanding in the international (criminal) law. In the second part, the author analyses Court of BiH's judgments in order to find out what was the source of law used by this court for its crime against humanity convictions. Thereafter, the author analyses Constitutional Court of BiH's decisions related to the alleged breach of BH Constitution and ECHR in relation to the principle of legality regarding crime against humanity proceedings. At the end, the paper gives the overview of ECtHR case law related to the crime against humanity proceedings in BiH - Šimšić v. BiH and Maktouf and Damjanović v. BiH cases. In the last part, the author, taking into consideration understanding the principle of legality in BiH legal tradition, presents the main conceptual problems that were raised from the crime against humanity proceedings in BiH.


2021 ◽  
pp. 136078042110184
Author(s):  
Leja Markelj ◽  
Alisa Selan ◽  
Tjaša Dolinar ◽  
Matej Sande

The research comprehensively identifies the needs and problems of sex workers in Slovenia from the point of view of three groups of actors in a decriminalized setting. The objective of the rapid needs assessment was to identify the needs of sex workers as perceived by themselves. In order to gain a deeper insight into this topic, we analyzed the functioning of the organizations working with the population, and examined the perspective of the clients. The results of the study show that no aid programmes have been developed for sex workers, even though organizations from various fields often come in contact with this population. Sex workers express the need to be informed about various topics (health, the law, legal advice) and emphasize client relations as the primary issue. The findings indicate the need for the development of a specialized aid programmes to address the fields of advocacy, reducing social distress and providing psychosocial assistance.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Hui Zanne Seng ◽  
Mei Yuit Chan ◽  
Ngee Thai Yap

AbstractThe negative effects of stereotyping arising from a victim’s acceptance and internalisation of stereotype identities are well-known. As stereotypes are created and maintained in discourse, understanding how targets of stereotyping employ discursive resources to resist the constraining structures of stereotypic identities imposed upon them can provide insight into the process of stereotyping and contribute to efforts to reduce the threat of stereotyping. We examined the strategies used by targets of stereotyping in contesting stereotypic representations of their social group through the mobilisation of a range of discourse strategies when presented with stereotyping attacks on the group. The findings revealed that stereotypes are subtle in nature and may not be easily recognised and hence, difficult to resist. Participants employed a number of discourse strategies to repair their fragmented self and group identities. However, in their attempt to maintain identity coherence, they ended up using stereotyping discourses themselves to devalue the perceived outgroup as well as subgroups they created within their own social group. The study highlights the complexity of stereotyping and its self-perpetuating character, and sheds light on the difficulty faced by targets of stereotyping discourse in reconciling their identities through intense discursive and identity work.


Author(s):  
Marcel Buß

Abstract Immanuel Kant states that indirect arguments are not suitable for the purposes of transcendental philosophy. If he is correct, this affects contemporary versions of transcendental arguments which are often used as an indirect refutation of scepticism. I discuss two reasons for Kant’s rejection of indirect arguments. Firstly, Kant argues that we are prone to misapply the law of excluded middle in philosophical contexts. Secondly, Kant points out that indirect arguments lack some explanatory power. They can show that something is true but they do not provide insight into why something is true. Using mathematical proofs as examples, I show that this is because indirect arguments are non-constructive. From a Kantian point of view, transcendental arguments need to be constructive in some way. In the last part of the paper, I briefly examine a comment made by P. F. Strawson. In my view, this comment also points toward a connection between transcendental and constructive reasoning.


1856 ◽  
Vol 2 (18) ◽  
pp. 479-494
Author(s):  
C. Lockhart Robertson

“The knowledge concerning the sympathies and concordances between the mind and the body” saith the founder† of modern science, in discoursing of human philosophy, or the knowledge of ourselves, as he terms it, is “fit to be emancipate and made a knowledge by itself. The consideration is double: either how and how far the humours and effects of the body do alter or work upon the mind; or again, how and how far the passions and apprehensions of the mind do alter or work upon the body. The former of these,” (the influence of the body on the mental state,) continues Bacon, “hath been enquired and considered as a part and appendix of medicine, but much more as a part of religion or superstition. For the physician prescribeth cures of the mind in phrensies and melancholy passions; and pretendeth also to exhibit medicines to exhilarate the mind, to confirm the courage, to clarify the wits, to corroborate the memory and the like: but the scruples and superstitions of diet and other regimen of the body in the sect of Pythagoreans, in the heresy of the Manicheans, and in the law of Mahomet do exceed. … The root and life of all which prescripts is besides the ceremony, the consideration of that dependency, which the affections of the mind are submitted unto, upon the state and disposition of the body.”


2016 ◽  
Vol 16 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Rachel Killean

Procedural justice advocates argue that fair procedures in decision making processes can increase participant satisfaction with legal institutions. Little critical work has been done however to explore the power of such claims in the context of mass violence and international criminal justice. This article critically examines some of the key claims of procedural justice by exploring the perceptions of justice held by victims participating as Civil Parties in the Extraordinary Chambers in the Courts of Cambodia (eccc). The eccc has created one of the most inclusive and extensive victim participation regimes within international criminal law. It therefore provides a unique case study to examine some of claims of ‘victim-centred’ transitional justice through a procedural justice lens. It finds that while procedural justice influenced civil parties’ overall perceptions of the Court, outcomes remained of primary importance. It concludes by analysing the possible reasons for this prioritisation.


2020 ◽  
Author(s):  
Anthony Ikechukwu Ezeogamba ◽  
Francis Chuks Madukasi

The fundamental difference between the Jews and Gentiles is circumcision. This fact introduced a serious barrier between them. This is to the extent that they could not mingle or relate cordially. Thus, their relationship was like the one that exists between lepers and the healthy. Hence, Gentiles were excluded from membership of Israel, aliens with no part in the covenants of the fatherhood. Christ is the unifying force between the circumcised and the uncircumcised. With his blood, he absolved the Gentiles of all that used to distance them and made the circumcised to know that he is the end of the Law (Rom 10:4). Thus, through his blood he destroyed the hostility that used to be between them. Vv 19-22 expresses the value of this newly founded unity in Christ. Despite the above, there is still divisions in the Church today, hence, absence of peace in Christendom. This article therefore answers why it is so. It aims at showing that rivalry that exists among believers, exposes their insincerity and hypocrisy. It argues that if all Christians understand the mind of Christ in destroying the barrier that existed between nations (Gentiles and Jews), then the whole Christendom would have remained peaceful and truly under one head. Unless this happens, there will be no end to sectarianism, tribalism, and nepotism among Christian believers in Nigeria. The outcome of this article will be significant to all Christians. The method will be exegetical analysis of Ephesians 2:11-22 and Library research.


2017 ◽  
Author(s):  
Wendy Hasenkamp

This chapter considers a form of attention-based meditation as a novel means to gain insight into the mechanisms and phenomenology of spontaneous thought. Focused attention (FA) meditation involves keeping one’s attention on a chosen object, and repeatedly catching the mind when it strays from the object into spontaneous thought. This practice can thus be viewed as a kind of self-caught mind wandering paradigm, which suggests it may have great utility for research on spontaneous thought. Current findings about the effects of meditation on mind wandering and meta-awareness are reviewed, and implications for new research paradigms that leverage first-person reporting during FA meditation are discussed. Specifically, research recommendations are made that may enable customized analysis of individual episodes of mind wandering and their neural correlates. It is hoped that by combining detailed subjective reports from experienced meditators with rigorous objective physiological measures, we can advance our understanding of human consciousness.


2020 ◽  
Vol 5 (2) ◽  
pp. 75-93
Author(s):  
Prabowo Prabowo

It’s long time, churches debate on the application of the law to believers today. Some of the figures found grace is no longer relevant in the church. But some Christian leaders argue otherwise, saying that the law is still relevant and should be done. But, now a days many interpretations that are not right about Paul's theology on the application of the law in a period of grace. False interpretations of verses taken from Paul's letters caused God's people to be confused. Therefore, there is a need for proper interpretation through the process of exegesis of the Book of Romans 2-8, resulting in the existence of the correct interpretation of the law in a period of grace.From the background and the problems, this research focused to sharpen understanding of the problems related to the application of grace in the church today. Researchers used descriptive method to describe it. Then the authors conducted a study exegesis consisting of an observational analysis, textual analysis, structural analysis, grammatical analysis, lexical analysis, historical analysis or conceptual, analytical theological and exegetical analysis of Romans 2-8. The purpose of this study is the first, to understand the interrelationships of the law and grace; second, to understand the uniqueness of Paul's theology in describing the application of the law in a period of grace; Third, investigate exegesis mean passages from Paul's Letter to the Romans chapters 2-8 which discusses the relevance of the law and grace. The results of the discussion found several things: First, the assumption that Paul abolishes the law is not correct. Paul did not abolish the Law in a period of grace. Second, the law still relevant in the church today. Jesus fulfill the law for believers, so that believers can do the latter by the power of the Holy Spirit. And keep in mind that God has put His laws are no longer in tablets of stone dead, but in the mind of his people. Third, the law has a unique role and functions in the day of grace. The Law was God's will for believers because it still remains a self-revelation of God.Recommended for ministers, pastors, and teachers of theology seriously investigate the truth about the existence of the law in the church today, so that people are not confused by every falseteaching. Abstrak Indonesia  Sudah lama sekali, gereja berdebat tentang penerapan hukum kepada orang percaya hari ini. Beberapa tokoh menemukan kasih karunia tidak lagi relevan di gereja. Tetapi beberapa pemimpin Kristen berpendapat sebaliknya, dengan mengatakan bahwa hukum masih relevan dan harus dilakukan. Namun, sekarang ini banyak tafsir yang tidak benar tentang teologi Paulus tentang penerapan hukum dalam masa kasih karunia. Penafsiran yang salah dari ayat-ayat yang diambil dari surat-surat Paulus menyebabkan umat Tuhan menjadi bingung. Oleh karena itu, diperlukan penafsiran yang tepat melalui proses penafsiran Kitab Roma 2-8, sehingga terjadi penafsiran hukum yang benar dalam masa rahmat.Dari latar belakang dan permasalahan tersebut, penelitian ini difokuskan untuk mempertajam pemahaman tentang permasalahan terkait penerapan anugerah di gereja saat ini. Peneliti menggunakan metode deskriptif untuk mendeskripsikannya. Kemudian penulis melakukan studi tafsir yang terdiri dari analisis observasional, analisis tekstual, analisis struktural, analisis gramatikal, analisis leksikal, analisis historis atau konseptual, analisis teologis dan analisis eksegetik Roma 2-8. Tujuan dari studi ini adalah yang pertama, untuk memahami keterkaitan antara hukum dan rahmat; kedua, memahami keunikan teologi Paulus dalam menjelaskan penerapan hukum dalam masa kasih karunia; Ketiga, menyelidiki eksegesis yang berarti bagian-bagian dari Surat Paulus kepada Roma pasal 2-8 yang membahas relevansi hukum dan kasih karunia.Hasil diskusi menemukan beberapa hal: Pertama, anggapan bahwa Paulus menghapus hukum adalah tidak tepat. Paulus tidak menghapus Hukum dalam masa kasih karunia. Kedua, hukum masih relevan di gereja saat ini. Yesus menggenapi hukum untuk orang percaya, sehingga orang percaya dapat melakukan yang terakhir dengan kuasa Roh Kudus. Dan perlu diingat bahwa Tuhan telah meletakkan hukum-hukum-Nya tidak lagi di loh batu mati, tetapi di benak umat-Nya. Ketiga, hukum memiliki peran dan fungsi yang unik di hari kasih karunia. Hukum adalah kehendak Tuhan bagi orang percaya karena itu tetap merupakan wahyu Tuhan. Dianjurkan agar pendeta, pendeta, dan guru teologi menyelidiki dengan serius kebenaran tentang keberadaan hukum di gereja saat ini, agar masyarakat tidak dibingungkan oleh setiap kesalahan pengajaran.


2021 ◽  
Author(s):  
Omar Khaled Ghonim ◽  
Deepti Muley ◽  
Mohamed Kharbeche ◽  
Yousef Mohamed ◽  
Ahmed Madkoor

Crashes involving pedestrians are a major concern for authorities in many developed and developing countries. To refrain pedestrians from illegal or unsafe road behavior, authorities introduced three pedestrian penalties in the State of Qatar from August 2019. This paper assesses the awareness, perception, and adaptive intentions of the new amendment to the pedestrians’ law. A questionnaire survey, designed in three languages, was distributed online using Qatar University contacts and Twitter account of the General Directorate of Traffic at the Ministry of Interior, State of Qatar. A sample of 521 complete responses was obtained and used for statistical analysis. The results indicated that only 32 % of the respondents were aware of the law amendment before taking this survey. Further, the higher score for perception, adaptive intentions and awareness showed that the respondents were aware of the risks and the law amendment will have a positive effect on their behavior on road as pedestrians. The outcomes of the analysis show the efficacy of the law amendment. However, the actual behavior changes need to be studied by analyzing the pedestrian crash data and conducting a before and after study. Moreover, the study of the effects on pedestrians’ behavior, through empirical observations, is proposed to get insight into actual behaviors after law amendment as a part of future work on the topic.


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