War Crimes, Crimes Against Humanity

In the International Criminal Court case of The Prosecutor v. Ahmad Al Faqi Al Mahdi, neither the Prosecutor nor the Court addressed the issue of whether attacks on cultural heritage can be tried as crimes against humanity under Article 7 of the Rome Statute of the ICC, provided that they are part of a widespread or systematic attack against the civilian population and are committed with knowledge of such attack. Even though his actions were part of a wider persecutory plan against the civilian population, Al Mahdi was held responsible only for war crimes for the intentional destruction of historical buildings during the Islamist occupation of the Malian city of Timbuktu, be- tween April 2012 and January 2013. This raises the question whether one should conclude that at- tacks on cultural heritage simply cannot be tried as crimes against humanity before the ICC. This paper argues that the Al Mahdi judgment does not prevent attacks on cultural property from being tried as crimes against humanity, and that the categorization of certain attacks on cultural heritage as crimes against humanity may have practical implications for the selection and prioritization of cases by the Office of the Prosecutor.

Axis Rule in Occupied Europe, published in November 1944, was the first place where the word "genocide" appeared in print.
Raphael Lemkin coined the new word "genocide" in 1943 (see the book's preface, dated November 15, 1943) both as a continuation of his 1933 Madrid Proposal and as part of his analysis of German occupation policies in Europe. In this 670 page book, Axis Rule, Lemkin introduced and directly addressed the question of genocide in 16 pages of Chapter IX entitled "Genocide" (below).
Lemkin uses the word genocide broadly, not only to describe policies of outright extermination against Jews and Gypsies, but for less immediate Nazi goals as well. In Lemkin's analysis Nazi Germany had undertaken a policy for the demographic restructuring of the European continent. Therefore he also used the word genocide to describe a "coordinated plan of different actions" intended to promote such goals as an increase in the birthrate of the "Aryan" population, the physical destruction of the Slavic population over a period of years, and policies to bring about the destruction of the "culture, language, national feelings, religion" and separate economic existence (but not physical existence) of non-German "Aryan" nations thought to be "linked by blood" to Germany.
In recent years the word "genocide" has most often been used to refer to the destruction of groups within a single country ("domestic genocide"). In Axis Rule, however, the word applies to occupation polices conducted across an entire continent. Policies within Germany are addressed only to the extent that these policies impacted Austria, and those parts of Belgium, Czechoslovakia, France, the Memel Territory and Poland formally incorporated into Germany.

The 1971 war in South Asia that ended with the break-up of Pakistan and the creation of Bangladesh has been framed in terms of genocide in popular representations and the nationalist history of Bangladesh. It has been depicted as genocide by the Pakistan army against the linguistically defined ethnic Bengalis in East Pakistan, in which three million Bengalis were said to have been killed. This article explores some of the problems with categorizing the killings of 1971; assesses, using detailed information on many incidents of violence during the year, which of them might be termed genocide according to the 1948 UN Convention for the Prevention and Punishment of the Crime of Genocide; considers how to treat those crimes that do not fit the definition of genocide, and what the implications are for the quest for justice for
the crimes of 1971. It concludes that genocide is not the most useful framework to analyze the conflict; that some of the killings committed by both sides could be termed genocide while others might not, but that they still constitute serious crimes; and that a broader conceptualization of the violence of the war and engagement by the international community were necessary to achieve true justice for the victims of violence in 1971.

On April 7th, 1951, Holocaust perpetrator Otto Ohlendorf’s death sentence was carried out according to the ruling of the United States Military Courts in Nuremberg. In The United States vs. Otto Ohlendorf, et. al., leaders of the Einsatzgruppen, mobile killing units, were tried for war crimes which led to the deaths of millions of Jews and partisans.  Under Ohlendorf’s leadership of Einsatzgruppen D, more than 90,000 people were liquidated in the Ukraine.  After this assignment, Ohlendorf resumed his positions head of Domestic Security in the Reich Security Main Office.  As the war ended, he surrendered, and revealed the full scope of Einsatzgruppen activity, which eventually led to the second set of Nuremberg Trials. Outside of the Holocaust and the trial, little has been written on Ohlendorf.  His academic career and ideology are insufficiently analyzed.
This dissertation analyzes Ohlendorf’s life, career, and National Socialist ideology. The key factor in exploring his motivations is to fuse together careerism and ideology through his elite status as an Alter Kämpfer, “old fighter” and Nazi party member before 1933. From this designation, Ohlendorf enjoyed privileged employment, promotions, and a high level of trust within the party. Further explored is the placement of Ohlendorf into the historiographical debate, and how his ideology, career, trial, and death connected to his position as an Alter Kämpfer. Ultimately, analyzing the historiography reveals how memory has been fashioned in such ubiquitous topics as World War II, Nazi Germany, and the Holocaust.

Uluslararası ilişkilerin temel aktörü olan devletler günümüze kadar silahlı çatışmaların da temel aktörü olmuştur. Devlet dışında pek çok aktörün ortaya çıkması ve etkinlik kazanmasıyla bu durum değişmeye başlamıştır. Devlet dışı aktörlerin silahlı çatışmalara doğrudan veya dolaylı etkisi artmaktadır. Devleti temel aktör olarak kabul eden uluslararası hukuk, devlet dışı aktörlerin silahlı çatışmalarda oynadıkları rolü yeterince kapsamamaktadır. Bu çalışmanın temel amacı devlet dışı aktörlerin yetki ve sorumluluklarını incelemektir.

When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.

Last update 14102021
I - En Palestine, un peuple debout. Éditorial de Serge Halimi
II- مقال البوم: حين ربح نتانياهو وخسرت إسرائيل.. وفازت حماس وخسر عباس
III- HALTE À UNE NOUVELLE NAKBA! par Aicha Bouabaci
IV- Here, Jerusalemites and Jerusalemites redrawn the map.
V- Nouvelles tensions à Jérusalem autour de l'expulsion possible de Palestiniens au profit de colons
VI - Violences fascistes et racistes contre les Palestiniens à Jérusalem - silence révoltant de la France
VII - Marwan Al-Barghouti
VIII : L'Union européenne ne peut pas et ne doit pas inviter des Israéliens en Tunisie
PART IX– BOOKS
PART IX-I THE FORGOTTEN PALESTINIANS
The Forgotten Palestinians: A History of the Palestinians in Israel. Ilan Pappe. New Haven and London: Yale University Press, 2011)
: L'Union européenne ne peut pas et ne doit pas inviter des Israéliens en Tunisie
La Campagne Tunisienne pour le Boycott Académique et Culturel d’Israël (TACBI) a appris avec consternation que la Délégation de l’Union Européenne en Tunisie compte inviter à Tunis en janvier 2020 de  jeunes israéliens dans le cadre du programme « Dialogue Méditerranéen pour les Droits et l’Égalité » (Med Dialogue for Rights and Equality) financé par l'Union européenne. Il est indiqué que les candidats doivent avoir « entre 18 et 36 ans » et être « ressortissants des pays suivants : Algérie, Égypte, Israël, Jordanie, Liban, Libye, Mauritanie, Maroc, Palestine, Tunisie, Syrie - ou appartenir à des diasporas apparentées, notamment syriennes et palestiniennes ».
PART IX-2 -LETTERS FROM PALESTINE
An engrossing new book about the lives of Palestinian people
Many books have been written dealing with the Israeli-Palestinian conflict from the pro- Israeli perspective. However, relatively few reflect the Palestinian point of view. Letters from Palestine is one of the rare books that offers an American audience the chance to listen to and learn about the lives of actual Palestinian people as they describe what it is like to live in the occupied territories of the West Bank or Gaza, or to grow up as a Palestinian in the U.S.
Part IX-3- Requiem pour Gaza », préface d’Adonis
Signé par le poète Bernard Noël (grand prix de poésie de l’Académie française
2016), l’un des textes les plus mordants du livre décrit Gaza comme une
« réserve de chasse » dont l’État hébreu « contrôle absolument les clôtures et
qui, en connivence avec son grand allié, lui sert à sélectionner les diverses
variétés de gibier humain, de la forte tête dont on fait des cibles au pauvre indic
qu’on n’achète pas cher ».
Part X-Israel: Water as a tool to dominate Palestinians
Water consumption figures are telling: While Israelis have access to around 240 litres of water per person per day, and settlers over 300, Palestinians in the West Bank are left with 73 litres - well below the World Health Organization's minimum standard of 100.
PartXI- Crimes de guerre ou des crimes contre l'humanité
https://www.lepoint.fr/monde/j-ai-ete-le-premier-medecin-cible-par-un-sniper-a-gaza-15-03-2019-2301472_24.php
ENTRETIEN. Tarek Loubani, médecin urgentiste canadien, a été victime d'un tir israélien alors qu'il soignait des manifestants palestiniens.
ANTISEMITISME VS ANTISIONISME : LE TEMOIGNAGE DE MICHELE SIBONY QUI TRACE L’HISTOIRE D’UN PEUPLE QUI S’EST OCTROYE TOUS LES DROITS D’ENRAYER DE LA CARTE L'IDENTITE  DES PALESTINIENS
https://webmail.online.net/?_task=mail&_action=get&_mbox=INBOX&_uid=211153&_token=PxUobIl3RfAnlqXdPq00P13RElHjx55w&_part=2
XII- LA RESISTANCE CULTURELLE : LE THEATRE DE LA LIBERTE A JENINE
La victime dirigeait le théâtre de la Liberté, fondé dans le camp de réfugiés de Jénine par sa mère, Arna Mer (1930-1995), militante pour les droits des Palestiniens, tout comme son fils, et mariée à Saliba Khamis, un Arabe Israélien, dirigeant du Parti communiste israélien. A l'origine, le "Théâtre des pierres" avait été lancé durant la première Intifada (1987-1993). Pour Arna Mer, ardente militante de la paix, il s'agissait de créer un espace préservé où les enfants échapperaient à la violence du conflit et de l'occupation. Détruit en 2002 lors d'une opération de l'armée israélienne contre les groupes armés palestiniens, l'établissement a revu le jour en 2006 sous le nom de "Théâtre de la Liberté" grâce à Juliano Mer-Khamis, réalisateur du documentaire Les enfants d'Arna, avec le soutien de Zakaria Zoubeïdi, chef local du groupe armé palestinien des Brigades des martyrs d'Al-Aqsa, qui a participé aux combats à l'époque. Zakaria Zoubeïdi a déclaré à la chaîne 10 israélienne que "tout le monde l'aimait dans le camp" de réfugiés.
XIII - HOMAGE TO KHAIRAT ALSALEH (31 May 1939- 29 July 2014)
I wrote this poem several years ago. It is about the death of a child of Palestine. Many children died during the Intifada and many children died recently in Gaza. I think our genes are programmed to protect children and not to accept their death. I am dreaming of a day when the Palestinian children will have the chance to grow up normally like all other children, to laugh and play and watch children's TV, as they ehave xpressed so eloquently during the war.
Poem by Khairat Al-Saleh
POSTED BY RAINBOW DERVISH AT 8:43 AM 2 COMMENTS:
LABELS: DEDICATED TO GAZA, POEMS
http://rainbowdervish.blogspot.com/
Pourquoi la Palestine ? Pourquoi pas l’Iran, la Syrie ou la Russie ?
D’autant plus que les palestiniens sont de plus en plus réduits à rien,
quand ils ne sont pas éliminés un à un pour des raisons de sécurité ou promiscuité.
Et moi je dis que s’il n’en reste qu’un, un seul palestinien, je continuerai à dire
que cette terre lui appartient… en propre et au figuré. Et cette vérité,
je la maintiens… ou pour dire vrai, c’est elle qui me maintient… en vie.
Je ne tiens pas à verser une seule larme sur ce qui me tient le plus à cœur,
mais je tiens à faire de mon long métrage, une arme… pour BRISER tous les miroirs,
et remettre en mémoire que la Palestine est aux palestiniens…
https://www.lejournaldepersonne.com/2018/06/la-verite/
Personne est sur un nouveau projet, un nouveau film long métrage
est en cours de préparation, LA CASA DE PALESTINA
(ancien nom de L’orpheline de la Palestine).
« Vous n’avez pas besoin de moi pour oser l’imaginer…
Mais j’ai besoin de votre aide pour le réaliser. »
Pour contribuer à sa réalisation, rendez-vous sur la page de soutien : https://www.lejournaldepersonne.com/soutien-journal-de-personne/
2ème partie
Conformément à la théorie freudienne  Israël agit avec la Nakba comme un esprit traumatisé qui tente de refouler ce qui le hante. Une sorte d’”inquiétante étrangeté”, à la source d’un sentiment de honte ressenti à l’égard d’actes passés, provoque un malaise qui pousse à vouloir les faire disparaître. Ce passé dérangeant revient , selon Freud, lorsque s’effacent les limites entre l’imagination et la réalité. La mémoire de la Nakba remonte à la surface par l’intermédiaire de divers acteurs qui détruisent les créations imaginaires pour montrer la réalité, et de Palestiniens qui saisissent toutes les occasions de resurgir dans l’espace public.
In his election campaign, Trump promised and stood before the world with all his arrogance to fulfill his promise to Zionism and its birth, "Israel" to declare Jerusalem the eternal capital of the State of "Israel" Will we be satisfied with convictions and protests to keep the Arab identity of Jerusalem alive? Will we suffice tears and stand on the doors of the world, begging half solutions, but quarters and prices ?! Were all Arab, Islamic and international documents paper prisoners? Jerusalem is the flower of the cities and the city of prayer. Jerusalem is the cradle of messages, and the house of the Prophets, carrying a long history that is rooted throughout the ages to pre-heavenly religions, highlighting its Arabism under its ordeal and its rape. Can Jerusalem become cheaper than promises of Israeli peace? Come on her coffins ?!! .. Whatever the remnants of the Arab nation, you have lost the basic cause as you have lost compass in the midst of your disputes and disagreements and distributions, Jerusalem has never been the title of the Isra and Maraj and the address of the Al-Aqsa Mosque or the Church of the Holy Sepulcher, but the city of practical holiness in the case of the oppressed and the oppressed whom the oppressors deny and fought the farthest and stood "international justice" watching them and disguising themselves.
XIV- Espionnage et intimidations
XV -  Israël devient une « ethnocratie »
ESPIONNAGE ET INTIMIDATIONS
Lobby israélien, le documentaire interdit
PAR ALAIN GRESH 
Israël devient une « ethnocratie »
XVI- How  to keep the Arab identity of Jerusalem alive? By Hind Obiedin
XVII - Palestine, the Birthplace of Civilization When and where Civilization was born
Prof. Mohamed Rabie

Between 1950 and 1972 Israel's Attorney General prosecuted approximately forty Holocaust survivors on accusation that they had collaborated with the Nazis. This article, which is part of a larger book project, gives an overview of these trials and the changing perceptions of those alleged collaborators that developed in them. Published in Jewish Honor Courts
Revenge, Retribution, and Reconciliation in Europe and Israel after the Holocaust (Edited by Laura Jockusch and Gabriel N. Finder) (Wayne State University Press, 2015).

In December of 2008, Israel launched a full-scale attack on the Gaza Strip. Beginning with an air strike on December 27, Israel continued its offensive against Gaza for approximately 22 days, resulting in over 5,000 casualties. After conducting over 2,360 air strikes and several ground assaults initiated on January 3, 2009, the fighting finally came to an end on January 18. The offensive, known as Operation Cast Lead, raised questions concerning the legality of the manner and magnitude of Israel’s use of force against Gaza. The Israeli government claims that Operation Cast Lead was a valid exercise of Israel’s sovereign right to self-defense and was necessary to stop continuous rocket attacks fired into Israel from Gaza. This article will focus on the events of Operation Cast Lead and the preceding socio-political relationship between Israel and the Occupied Territories, the allegations of war crimes against Israel as they apply to customary international law, and the possibility of recourse through the international community.

After the catastrophic attacks of September 11 2001 monumental sorrow and a feeling of desperate and understandable anger began to permeate the American psyche. A few people at that time attempted to promote a balanced perspective by pointing out that the United States had also been responsible for causing those same feelings in people in other nations, but they produced hardly a ripple. Although Americans understand in the abstract the wisdom of people around the world empathizing with the suffering of one another, such a reminder of wrongs committed by our nation got little hearing and was soon overshadowed by an accelerated "war on terrorism."

But we must continue our efforts to develop understanding and compassion in the world. Hopefully, this article will assist in doing that by addressing the question "How many September 11ths has the United States caused in other nations since WWII?" This theme is developed in this report which contains an estimated numbers of such deaths in 37 nations as well as brief explanations of why the U.S. is considered culpable.

The causes of wars are complex. In some instances nations other than the U.S. may have been responsible for more deaths, but if the involvement of our nation appeared to have been a necessary cause of a war or conflict it was considered responsible for the deaths in it. In other words they probably would not have taken place if the U.S. had not used the heavy hand of its power. The military and economic power of the United States was crucial.

Humanity is on the threshold of recognizing the fundamental error in its view of life and death. Both death as well as active life is necessary to the vital formation of a larger, more essential whole. In this paper, I apply the sociology of knowledge and change as it pertains to death and focus on ways in which we can step outside its traditional frameworks and limitations. I also discuss topics related to death such as birth, aging, sickness, and war, and examine cultural differences in attitudes toward death. I offer varying perspectives including the Buddhist view and from these draw implications and conclusions. I apply the lenses of contemporary social scientists such as Edgar Morin, Kenneth Gergen, Edward Stewart, Milton Bennett, Mary Catherine Bateson, E. Doyle McCarthy, Philip Slater, and Piotr Sztompka. To these I add other relevant passages from the writings and speeches of key thinkers on the topic of death, in particular, Buddhist philosopher, peacebuilder, and educator, Daisaku Ikeda. To construct a more humanistic and sustainable view of life, it is first of all crucial to establish a culture which perceives death in its larger living context as but one cycle in the expansive eternity of life.

The paper challenges the assertion that the apartheid system in South Africa was a crime under customary international law giving rise to individual responsibility prior to the drafting of the 1998 Rome Statute of the International Criminal Court. The paper also examines the role of the Rome Statute in the criminalization of apartheid and assesses the current status of the crime of apartheid in customary international law with particular reference to the principle of legality (nullum crimen, nulla poena sine lege). Nothing in the paper should be read as condoning the gross violations of human rights that resulted from the policies of apartheid in South Africa in any way.

On 2 August 2019, the eve of the 5th anniversary of the attacks on Sinjar by the Islamic State (IS), RASHID International, Yazda and the Endangered Archaeology in the Middle East and North Africa Project (EAMENA) released the results of their investigation into cultural heritage destruction during the genocide against the Yazidis, in a report entitled ‘Destroying the Soul of the Yazidis: Cultural Heritage Destruction during the Islamic State’s Genocide against the Yazidis’.
Out of the total of 68 sites reported destroyed we consider 16 sites in the Bahzani/Bashiqa area and 8 in the Sinjar area to which access was possible and which could be documented.
Discussions of the genocide committed against the Yazidi people by IS from 2014 onwards have generally focused on murder, slavery and sexual exploitation. In this report we analyze the destruction of Yazidi tangible and intangible cultural heritage as a significant facet of the Islamic State’s policy of ethnic cleansing and genocide. Evidence of destruction is collected and presented in context with other criminal acts.

"An assemblage of 23 fired 9 mm bullets found at the atrium of the Menga dolmen during the University of Málaga 1991 excavations is described and studied. These bullets are first described from a morphological and ballistic viewpoint; then they are analysed from an archaeometallurgical perspective by means of X-Ray Micro-Fluorescence and Lead Isotope Analysis; finally they are discussed within the historical context of the Spanish Civil War through oral and archival data. As a conclusion, it is suggested that the bullets could be material evidence of summary executions occurred in Antequera in the weeks after the military rebellion of July 1936, which would establish Menga as unexpected witness to some of the most tragic events in the 20th century local history."

This paper seeks to question to prevailing child soldiery narratives, analyzing the efficacy of an indisputably fragmented and desultory international regime, as well as the dichotomous imagery transposed onto youth. It will further assess whether a new individualized test of maturity and cognizance should be introduced so as to impute international criminal liability where it may ostensibly be deserved. To that end, this paper first will focus on the strengths and weaknesses of the existing international framework, with a focus on Africa – not to vilify an entire continent, but because the few judgments existing on the subject stem therefrom – while the second part will deconstruct the current criminal ideology and methodology, and introduce a more appropriate test of criminal liability.

Ovaj rad bavi se organizacijom jedinica Teritorijalne odbrane Republike Bosne i Hercegovine na području Prijedora, oblicima i formama njihovog ustrojstva i djelovanja od početka oružanog sukoba na teritoriji općine do likvidacije posljednjih razbijenih grupa na terenu.

Fra Salezije je od 10. listopada 1941. do 5. lipnja 1945. godine vodio "Dnevnik samostana Majke Milosti na Trsatu". U tome razdoblju kroz trsatski mikrokozmos protutnjale su tri nasilne vojske, zadojene ideologijama fašizma, nacizma i komunizma. Sve su tri počinile strašne zločine na prostorima današnje Riječke nadbiskupije u razdoblju dok je na Trsatu boravio i kroniku vodio fra Salezije 􏰙􏰂􏰜􏰋􏰙􏰠􏰂􏰎􏰂 􏰊􏰂􏰉􏰍􏰆 􏰊􏰈􏰅􏰋􏰙􏰠􏰈 􏰎􏰂 􏰟􏰁􏰙􏰂􏰠􏰡􏱃 􏰰􏰁􏰂 􏰄􏰂􏰅􏰆􏰇􏰈􏰉􏰆 􏰉􏰆 􏰚􏰋􏰛􏰈􏰋 􏰋􏰛 􏰐􏰖􏰓 􏰅􏰈􏰙􏰠􏰋􏰝􏰂􏰛􏰂 􏰐􏰑􏰩􏰐􏰓 􏰛􏰋 􏰪􏰓 􏰅􏰈􏰝􏰎􏰉􏰂 􏰐􏰑􏰩􏰪􏰓 􏰱 􏰠􏰋􏰜􏰆 􏰁􏰂􏰇􏰛􏰋􏰘􏰅􏰉􏰡 􏰍􏰁􏰋􏰇 􏰠􏰁􏰙􏰂􏰠􏰙􏰍􏰈 􏰜􏰈􏰍􏰁􏰋􏰍􏰋􏰇􏰜􏰋􏰙 􏰝􏰁􏰋􏰠􏰡􏰠􏰎􏰉􏰂􏰅􏰆 􏰙􏰡 􏰠􏰁􏰈 􏰎􏰂􏰙􏰈􏰅􏰎􏰆 􏰚􏰋􏰉􏰙􏰍􏰆􏰧 􏰇􏰂􏰛􏰋􏰉􏰆􏰎􏰆 􏰈􏰛􏰆􏰋􏰅􏰋􏰞􏰈􏰉􏰂􏰜􏰂 􏰰􏰂􏰨􏰈􏰇􏰜􏰂􏰧 􏰎􏰂􏰭􏰈􏰇􏰜􏰂 􏰈 􏰍􏰋􏰜􏰡􏰎􏰈􏰇􏰜􏰂􏰓 􏰄􏰚􏰆 􏰠􏰁􏰈 􏰝􏰋􏰦􏰈􏰎􏰈􏰅􏰆 􏰙􏰡 􏰙􏰠􏰁􏰂􏰨􏰎􏰆 􏰇􏰅􏰋􏰦􏰈􏰎􏰆 􏰎􏰂 􏰝􏰁􏰋􏰙􏰠􏰋􏰁􏰈􏰜􏰂 􏰛􏰂􏰎􏰂􏰨􏰎􏰉􏰆 􏰲􏰈􏰉􏰆􏰦􏰍􏰆 􏰎􏰂􏰛􏰘􏰈􏰙􏰍􏰡􏰝􏰈􏰉􏰆􏰓

BOSNA KASABININ LAHEY’DEKİ KARAR DURUŞMA NETİCESİ
MLADIC’E  MÜEBBET, MAVİ KELEBEĞİ KANATLANDIRMAZ
Cigdem YORGANCIOGLU

11 Temmuz 1995 günü Ratko Mladiç komutasındaki Sırp Cumhuriyeti ordusu Srebrenitsa'ya girdi. İsmine kimilerinin " ethnic cleansing-etnik temizlik, kimisinin ırkçı katliam ya da genocide-soykırım olarak adlandırdığı ama her ne denirse densin, ki buradan nasıl ne dendiğinin fark etmediği anlaşılmamalıdır konuya dair kavramlar ve sayılar üzerinden zihin bulanıklığı yaratacak kadar değişik terminolojiler kullanılmaktadır. Birleşmiş Milletler başlıca yargı organı olan Lahey'deki Uluslararası Adalet Divanı katliama 'soykırım' ismi vermiştir. Sayılar çeşitli kaynaklara göre kafa karıştıracak kadar değişmekle birlikte (8bin-8Bin372 arası değişen bir aralık) Boşnak katledilmişti. 2013 senesinde Bosna Hersek'in doğusundaki Potocari'de Srebrenica Toplu Anıt Mezar ziyaretim Katliamın 18.senesi anma etkinliği sırasında fotoğrafladığım aşağıdaki karede de görüldüğü gibi rakkam 8 bin 372 dir. [vii] Aljazeera ve diğer bazı ana akım medya da aynı rakammı vererek bunu desteklemektedir.i

This paper examines the implications for advocacy which follow from the rather obscure and confusing relationship between one of the most odious human experiences, ethnic cleansing, and the system of international law. From the very distant history of Assyria to, among others, the most contemporary disturbing displacements of human beings from Darfur (Sudan), Aleppo (Syria), and of the Rohingya from Myanmar, the policy widely known as ethnic cleansing has resisted time to maintain its indeterminate legal existence. Neither the more recent 2015 (Croatia v. Serbia) nor the 2007 (Bosnia and Herzegovina v. Serbia and Montenegro) genocide cases have cured the plague. To the contrary, the International Court of Justice (ICJ) has remained faithful to its statement that ethnic cleansing has no legal significance of its own. This paper draws attention to the impact that an ill-defined ‘policy’ or practice exerts on human rights advocacy, weakening its effectiveness and diminishing its results.

Crimes Against Humans and Crimes against Humanity. Implications for Modern Criminology. 18th Annual Conference of the European Society of Criminology, European Society of Criminology and University of Sarajevo, Sarajevo, Bosnia and Herzegovina (20180829-20180901). ”Crimes Against Humans and Crimes Against Humanity: Analysis of Documents Produced During Trials at Tribunals After the War in North-West Bosnia and Herzegovina”, with Zlatan Delić.

The aim of the study is to analyse documents produced during trials at the International Criminal Tribunal for the former Yugoslavia and the Section for War Crimes of the Court of Bosnia and Herzegovina concerning the 1992 war in north-west Bosnia and Herzegovina. The documents construct and reconstruct the categories of victim and perpetrator at a symbolic level. Punishing the offenders for war crimes is a means by which local and international courts attempt to eliminate the ideology on which the atrocities were based. The study interprets the documents as rhetorical warnings to future belligerents. Warfare that targets civilians and lack of respect for human rights are construed as unacceptable. In revealing the scope of war crimes committed during the period, the documents represent an attempt to influence the local and international community. They implicitly define the categories of victim and perpetrator, highlighting the individual and visible punishment to which the latter are subject while implying that their ideology has thereby been eliminated. The documents emphasize the role of individual responsibility in future wars. The presumption is that peer pressure is no excuse for war crimes and that civilians are never to be targeted.

This paper recalls and underscores the use of diplomacy and international legal mechanisms by Pakistan to raise the Kashmir issue on international forums. This may help revive the status of the issue as a "disputed territory", "right of self-determination of Kashmiris" and an "international dispute". Specifically, the paper discusses implications of India's revocation of Article 370 and 35A in the IOK, and how this act resulted in violation of various bilateral, multilateral and international legal arrangements and principles. The aim of this paper is to provide an evaluation to the policy makers, regarding various options of utilizing diplomatic arrangements and international legal frameworks. These may help Pakistan to reassert the Kashmir issue at global level. In addition, the situation on ground in IOK following the Indian act of 5 th August 2019, calls for a critical evaluation of Pakistan's foreign policy on Kashmir and the need of emphasizing on the narrative of human rights violations along with the their right of self-determination, in an attempt to internationalize the issue. Now that the bilateral arrangement of Shimla accord of 1972 between Pakistan and India stands violated by the later, after India's unilateral inclusion of Kashmir in its territory and bringing disputed IOK under constitutional umbrella of the Indian state, the bilateral resolution of the issue is next to impossible without risking a nuclear war between India and Pakistan.

From its invasion of Manchuria in 1932 until a year after World War II ended (1946), the Japanese imperial armies abducted, coerced or deceitfully enticed girls and women across the Asia-Pacific region into sexual slavery at its scores of so-called “comfort stations”. Estimates of the victims vary from 200,00 to 400,000. The vast majority died as a result, either by execution or the horrendous effects of their exploitation; and until the 1980 their testimonies were largely lost.

On 14 August 2019, global remembrance ceremonies and protests were held in solidarity with the victims and to demand justice, over 70 years on. The group Friends of Comfort Women, Sydney, invited me to speak at the Sydney demonstration (see https://tinyurl.com/y4u8ga8p); attached are the longhand notes. Mainstream media ignored the issue but it was well reported in the Korean press: see for instance https://tinyurl.com/y6fwggqm and https://tinyurl.com/y4b7bvgl

1 ABSTRACT In the aftermath of large-scale violence and mass atrocities the role of the state, government or nation at large transforms into that of rebuilding, justice seeking, peace, and reconciliation. The formation of transitional justice procedures such as special courts, truth and reconciliation commissions, and aspects of contemporary peacebuilding efforts aim to aid countries emerging from periods of conflict and repression address large-scale or systematic human rights violations in order to provide accountability and redress for victims. First, following mass atrocities, this paper aims to provide a conceptual framework in order to explore concepts of genocide, mass atrocities, crimes against humanity, and ethnic cleansing. In addition, later trying to answer the question of whether there is a "right" or "wrong" way for a nation to proceed following such an occurrence. Second, this paper aims to explore the actions or therefore lack of actions of the Nigerian government post-civil war and the effects those actions have transcended into present day perceptions of peace and justice. The lack of acknowledgment of the Biafran war, the violence inflicted on the ethnic Igbo people of Nigeria, along with various crimes against humanity committed and lack of peace and justice still festers in the minds of present-day Nige-rians. Third, the aftermath of the Sierra Leone Civil war will be examined as well in order to understand the methodology utilized postwar to rebuild and reconcile the war-torn nation. Aspects of traditional peacebuilding were utilized in the aftermath of war in Sierra Leone, but not Nigeria. Finally, using a comparative study framework Nigeria and the Biafran War will be utilized as the "wrong" method in term of rebuilding a nation and Sierra Leone and the Sierra Leone Civil War will be utilized as the "right" method.

Description of the nature of risk in immigration and refugee claim processing, especially for Pre-Removal Risk Assessment.
Description du risque dans les processus d'immigration et de demande d'asile, notamment pour l'Évaluation du risque avant renvoi.

The Rome Statute of the International Criminal Court contains the term ‘racial’ in its provisions on the crime of genocide, persecution and apartheid. However, it fails to provide for a definition of this historically burdened term. International criminal law is guided by the principle of legality and legal norms should be as narrowly defined as possible. This article will therefore attempt to provide a contemporary legal definition of ‘racial’. The article contains an overview of the historical development, the treatment of the issue of ‘race’ by anthropology and human rights, before turning to international criminal law. Cases dealt with by the ictr and the icty on ‘racial groups’ with regard to the crime of genocide will be analysed and categorized. The article concludes with a suggestion to juxtapose racial groups with ethnical groups, based on the perception of the perpetrator or the self-perception of the victims
(subjective approach).

"Bartmanski and Eyerman carefully detail and explain the tangled, distorted, and fraught history of the killing of 14,500 Polish military officers and over 7,000 other Polish citizens—representing a significant segment of the elite, professional class of Polish society—by the Soviet army in April 1940. Three years later, when some of the corpses were discovered, the Soviets blamed the Germans for perpetrating the mass killing. This is the basic story the Soviets would claim for decades, with various levels of tenacity, official decree, and threats to the families involved. In the meantime, most if not all of the families knew the truth: members of the Soviet army had killed their husbands, fathers, brothers, sons, uncles, and nephews. Knowledge of the truth needed to remain unspoken, under threat of losing access to education, jobs, and a public life without harassment in Poland. It remained, for several decades, a personal sorrow and burden rather than a trauma that could be collectively felt and talked about. They write: "Cultural trauma became possible only when the directly affected individuals and communities were able to express themselves, verbally and visually, in a sustained way and project their personal tragedies onto the larger moral screen of the nation."

Literal screens—ones that show films— as well as literature played a crucial role in the extension of the trauma of the massacre and of the distortion of the truth from the affected families to the Polish people and beyond. The transformation of "Katyn" from an occurrence known to a few to a symbol of Polish collective suffering depended on families becoming cultural agents "creating and sustaining the trauma narrative" and on "intellectuals/politicians" who, after official suppression ended, could also create, sustain, and spread the symbolization of "Katyn".

One of the most prominent of these intellectual carriers is the well-known film director Andrzej Wajda, who depicted Katyn in a film in 2007. Wajda emphasized the importance of “showing Katyn to the world” and aimed at triggering moral and cultural shock. The film’s plotting technique moved from the actual victims of the Soviets’ mass murder to the suffering of their families, especially the wives and sisters of the victims."