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31. The Train Journey: Transit, Captivity, and Witnessing in the Holocaust

Author:
Simone Gigliotti
Publication Date:
01-2016
Content Type:
Book
Institution:
Berghahn Books
Abstract:
Deportations by train were critical in the Nazis’ genocidal vision of the “Final Solution of the Jewish Question.” Historians have estimated that between 1941 and 1944 up to three million Jews were transported to their deaths in concentration and extermination camps. In his writings on the “Final Solution,” Raul Hilberg pondered the role of trains: “How can railways be regarded as anything more than physical equipment that was used, when the time came, to transport the Jews from various cities to shooting grounds and gas chambers in Eastern Europe?” This book explores the question by analyzing the victims’ experiences at each stage of forced relocation: the round-ups and departures from the ghettos, the captivity in trains, and finally, the arrival at the camps. Utilizing a variety of published memoirs and unpublished testimonies, the book argues that victims experienced the train journeys as mobile chambers, comparable in importance to the more studied, fixed locations of persecution, such as ghettos and camps.
Topic:
Genocide, Infrastructure, Holocaust, World War II, and Anti-Semitism
Political Geography:
Europe, Eastern Europe, Poland, and Germany

32. Pakistan's Forgotten Genocide—A Review Essay

Author:
Sumit Ganguly
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
In The Blood Telegram: Nixon, Kissinger, and a Forgotten Genocide, Gary Bass convincingly argues that the Nixon administration did little to rein in its ally Pakistan from perpetuating genocide against its own population largely because of Islamabad's vital role in facilitating U.S. diplomatic contact with the People's Republic of China. He also shows how the low strategic significance of South Asia for much of the global community, combined with an inordinate regard for the norm of sovereignty, led to a lack of support for the principle of humanitarian intervention. The Blood Telegram partially affirms the proposition that acts of genocide can stem from the choices of a handful of individuals who are determined to achieve a political goal using all available means.
Topic:
Genocide
Political Geography:
Pakistan, China, and South Asia

33. Holocaust Denial before the European Court of Human Rights: Evolution of an Exceptional Regime

Author:
Paolo Lobba
Publication Date:
05-2015
Content Type:
Journal Article
Abstract:
Litigation concerning domestic restrictions on Holocaust denial has produced a 30-year-long jurisprudence of the European Court and European Commission of Human Rights. In spite of solemnly declared principles on free speech, the Strasbourg organs have progressively developed an exceptional regime in this regard based on the 'abuse clause' envisaged under Article 17. Had this detrimental treatment remained confined to its original sphere, it could have perhaps been considered as a negligible issue. However, the scope of the abuse clause was extended to encompass a growing class of utterances, including the denial of historical facts other than the Nazi genocide. This piece begins by examining the Strasbourg case law on Holocaust denial, with a view to enucleating the effects, scope and conditions of applicability of the special regime based upon Article 17. Once the shortcomings implied by this detrimental discipline have been exposed, it shall be argued that all expressions should be dealt with under the ordinary necessity test, in which the abuse clause ought to operate as an interpretative principle. In the alternative, and as a minimum, the Court should pay due regard to the political and social context of the country where restrictions on free speech were enforced, setting aside the uniquely harsh treatment reserved for Holocaust denial.
Topic:
Genocide and Human Rights
Political Geography:
Europe

34. Evelyne Schmid. Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Author:
Mara Tignino
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Evelyne Schmid’s new book, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law, aims to provide a bridge between developing practice and existing knowledge. At the heart of her book lies the question of how, or to what extent, violations of ESCR are addressed in international criminal proceedings and transitional justice mechanisms. She criticizes the current marginalization of ESCR abuses in scholarship on international criminal law and bemoans the reality that ‘efforts to address the legacy of widespread human rights abuses display a bias towards civil and political rights’. While some have argued for an expansion of international criminal law to account more directly for violations of ESCR, Schmid claims such an expansion is unnecessary; in her view, such violations already fall within the scope of international crimes.
Topic:
Genocide, Human Rights, International Law, United Nations, War Crimes, Courts, and Transitional Justice
Political Geography:
Europe, North Korea, Cambodia, United Nations, and Myanmar

35. Historical Dialogue on Cham Issues

Author:
The Harriman Institute
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
The Harriman Institute
Abstract:
Professor Lambros Baltsiotis (Adjunct Lecturer, Research Centre for Minority Groups - Athens, Panteion University) and Professor Pellumb Xhufi (Professor of History, Albania Institute of History) participated in the second meeting. The organizers requested them to prepare scholarly perspectives of about 1,000 words commenting on the following statement: "Cham-Albanians suffered internment beginning in 1940, killings in 1944-45, and expulsion in 1945. Thousands of Cham-Albanians were killed in 1944 and 1945. These events occurred in a context and cycle of violence. It is alleged that Cham-Albanians were collaborators with the fascist and Nazi governments of Italy and Germany during World War II."
Topic:
Genocide, Human Rights, Violence, and World War II
Political Geography:
Europe, Germany, Balkans, Albania, and Italy

36. Who Are Atrocity's "Real" Perpetrators, Who Its "True" Victims and Beneficiaries?

Author:
Mark Osiel
Publication Date:
09-2014
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Modern law's response to mass atrocities vacillates equivocally in how it understands thedramatis personae to these expansive tragedies, at once extraordinary and ubiquitous. Is there any principled order to this? If not, should we care?
Topic:
Genocide and Law
Political Geography:
Yugoslavia, Serbia, and Balkans

37. Just Peace: Achieving Peace, Justice, and Development in Post-Conflict Africa

Author:
Dan Kuwali
Publication Date:
08-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
The political realities of post-conflict situations present hard choices in the peacebuilding and reconstruction processes. Most post-conflict societies face the dilemma of how to deal with past atrocities, especially genocide, war crimes, and crimes against humanity. Where the perpetrators are the winners of the war or elections, victors’ justice has usually been rendered against the vanquished. Yet, even where this is not the case, national judicial systems in most post-conflict societies cannot immediately handle wide- scale prosecutions for atrocities in accordance with international standards of due process, and, in cases where a political compromise has taken place, the question is usually whether to forego justice for the sake of peace. The answer is often to offer amnesty to the perpetrators of atrocities, effectively giving them impunity. This discussion will explore a victim-oriented approach toward resolving the peace and justice dilemma while promoting reconciliation and development in post-conflict settings. The starting point is the assertion that mass atrocities such as genocide, war crimes, and crimes against humanity can brook no impunity, although each conflict is sui generis, and legal concerns must be balanced with political reality in determining the appropriate reaction to past atrocities. Following the analysis is an outline of the steps that should be taken to eradicate the root causes of conflicts leading to mass atrocities in Africa.
Topic:
Genocide, War Crimes, Peace, and Justice
Political Geography:
Africa

38. Strengthening Transitional Justice in Bosnia: Regional Possibilities and Parallel Narratives

Author:
Dejan Guzina and Branka Marijan
Publication Date:
10-2013
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
In the media, news commentators continue to refer to Srebrenica as a lesson that should never be repeated again. Indeed, such “never again” statements have re-emerged in light of current events unfolding in Syria, as the international community debates what type of intervention should be used to stop further violence. The media have gone so far as to call the Syrian regime's possible use of chemical weapons against its population a “Srebrenica moment” — that is, a moment when moral outrage of civilian deaths leads to a push for military intervention (Lerman and Lakshmanan 2013). While little action has materialized in the case of Syria, the Srebrenican “never again” lesson is also far from being either agreed upon or learned from in Bosnia itself.
Topic:
Foreign Policy, Crime, Genocide, International Law, Regional Cooperation, War, and Sectarian violence
Political Geography:
Bosnia, Balkans, and Syria

39. How to Disrupt Enablers of Mass Atrocities

Publication Date:
02-2013
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
Successive administrations have recognized that preventing genocide and crimes against humanity is in the national interest of the United States. The Obama Administration put this rhetoric into action in 2011 by issuing Presidential Study Directive 10, which elevated mass atrocities prevention to a "core national security interest and a core moral responsibility of the United States" and ordered the creation of a standing atrocities prevention structure in the U.S. government. With far- reaching atrocities prevention efforts now underway in the U.S. government, Human Rights First offers an additional, innovative approach that broadens the scope of current atrocities prevention efforts and opens up new avenues for tackling this persistent and complex problem.
Topic:
Security, Crime, Genocide, and Human Rights
Political Geography:
United States

40. The International Criminal Court and the Fight Against Impunity for Atrocity Crimes

Author:
Sang-Hyun Song
Publication Date:
02-2013
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address by Judge Sang-Hyun Song, President of the International Criminal Court, titled The International Criminal Court and the Fight Against Impunity for Atrocity Crimes, followed by a question and answer session with the audience.
Topic:
Crime, Genocide, Globalization, Human Rights, International Law, International Organization, and Governance