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ABSTRACT

This article examines the Soviet legal scholar Aron Trainin’s evolving writings on international law. Initially, Trainin formulated aspects of his concept of “crimes against peace” as a sort of Soviet alternative to Raphael Lemkin’s crimes of barbarity and vandalism. Crimes against peace both converged with the larger international movement to outlaw aggressive war, provided a Soviet alternative to proposed international crimes that they believed would threaten Soviet sovereignty, and provided a Soviet response to Lemkin’s proposals to outlaw mass killings. During World War II, Trainin articulated the Nazi extermination of the Jews as “crimes against peaceful civilians,” linking the Nazi atrocities to his concept of crimes against peace. Trainin’s concept of “crimes against peaceful civilians” encompassed the atrocities of the Holocaust while also asserting that the Soviet experience of the war – most notably Soviet sacrifice and suffering – meant that the Soviets should determine how international criminal law punished the war’s perpetrators. After World War II, when it became clear that genocide, rather than “crimes against peace” or “crimes against peaceful civilians,” was becoming the primary concept in international law to understand mass killings, Trainin portrayed the concept of genocide according to the perspective of Soviet propaganda, opposing an international criminal court for genocide, supporting the concept of cultural genocide, and portraying genocide as an inevitable outcome of capitalism. At the same time, Trainin and the Soviets never abandoned his concept of “crimes against peace,” portraying capitalism as inherently bound up with war and genocide. Trainin was the most significant genocide scholar in the Soviet Union, and his work exemplifies both the ways in which Soviet approaches to international law converged with other approaches, and the ways in which the Soviet Union diverged from non-Soviet international law.  相似文献   

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This article presents a critical analysis of the relationship between the concept of genocide and global queer politics, offering an original mapping and examination of the discourse of genocide in this respect. Starting from the beginnings of genocide discourse with Lemkin and the United Nations Genocide Convention, existing literature is analysed to reveal circumscribed usage in relation to non-heterosexual lives. The methodology combines analysis of genocide discourse with case studies. The article maps and analyses the historically shifting form of genocide discourse, including through attention to the International Criminal Tribunal for Rwanda, and demonstrates how the patriarchal and heteronormative origins of this discourse continue to have effects that exclude queer people. This analysis is developed, in particular, in relation to the absence of sexuality, gender, sexual orientation or gender identity as group categories in the Genocide Convention. Interwoven with this analysis of discourse, case study analysis is used in relation to Nazi Germany, Uganda and the Gambia to establish genocidal processes focused on homosexuality in each. The scope of claims for anti-homosexual acts of genocide is thus extended in Nazi Germany and Uganda, and such a claim is initiated in the Gambia, while appreciating the complex relation of “homosexuality” to African sexual identities. It is also argued that new definitions of groups from the Rwanda tribunal represent openings for some kinds of queer politics. The concluding section then draws on the discourse analyses of Foucault and postcolonial studies to initiate discussion of the potential discursive effects of invoking genocide in relation to homosexuality or queer politics, in particular contexts. It is argued that a greater consciousness of genocide in queer analysis and politics would be desirable, even while the existing terms of genocide discourse must be contested.  相似文献   

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The opening reference to masturbation in Jonathan Swift’s Gulliver’s Travels (1726) provides evidence of not only an embedded cultural commentary on the masturbatory tendencies of modernity but also specific contempt for the novel as a masturbatory literary form. The same point is made elsewhere in Swift’s poetry and his parody of the erotic scene of female masturbation that continued to be a staple of amatory fiction. Yet the same body of writing reveals Swift’s recognition that he too was guilty of producing literary fuel for masturbation, as were the Ancients themselves whose works continued to invite a sexualized response from readers. As such, Swift reveals an ironic point of agreement with female authors of amatory fiction such as Delarivier Manley and Eliza Haywood, who represent instances of the poetry of the Ancients being put precisely to this use, providing tacit excuse for their own erotically charged writing. In his later notorious diagnosis of Swift as a chronic masturbator literary physician Thomas Beddoes is arguably responding at least in part to Swift’s own sense of entrapment within masturbatory modernity.  相似文献   

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ABSTRACT

In June 2019 Canada's National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report. This short Reflection focuses on the National Inquiry's supplementary legal analysis, which concerns the law of genocide. I contend that this analysis is correct in holding that the murder and disappearance of large numbers of Indigenous women, girls, and other persons ought to be understood as an ongoing crime facilitated by specific policy choices, legal decisions, and socio-economic structures. I also contend that the systemic, recurrent, and large-scale nature of this crime is best captured by the term “genocide.” I argue that formal legal definitions of “genocide” such as the one offered in the 1948 Genocide Convention, though conceptually clunky, historically contingent, and politically inadequate, are key to illuminating some of the structural forces underlying and animating a range of events that may otherwise appear unrelated. Genocide, the ultimate collectivist crime, is a concept of preponderantly legal origin, which means that serious consideration must be given to its specifically legal definition when trying to determine whether it is justifiable or appropriate to apply it to a given social phenomenon. Its standard legal definition may be unable to do justice to the specificities of different modes of group violence, but its abstract generality is also what enables those who employ it to highlight the intrinsically systemic character of such destruction. Ultimately, I suggest that Canada's genocide “debate” turns on the relation between “law” and “society”—the question, that is, of how precisely a legal definition is to be interpreted and applied under different, and often rapidly changing, social conditions.  相似文献   

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Gifted filmmakers such as Joshua Oppenheimer, director of The act of killing, are attempting to use the power of documentary to provoke social and political change in post-conflict settings. What roles do interventionist filmmakers play in processes of national reconciliation and transitional justice? Can The act of killing really be a catalyst for change in Indonesia? This article contends that the genocide documentary is a form of antagonistic intervention that warrants systematic and critical re-evaluation. It holds that claims regarding the remedial impact of documentaries such as The act of killing are difficult to substantiate, the main problem being attribution, cause and effect. Intervention in the mind of the director seems to follow the logic of a synchronous circuit, where trauma based on revealed truth leads to transitional justice. Each component in the circuit has a corresponding political argument. This article will examine three interrelated arguments linking genocide documentary and political intervention: (1) re-traumatization, (2) power-laden truths and (3) the narrowing of impunity gaps. This article contributes to debates about genocide and intervention by presenting evidence from Indonesia, including rare interviews with the protagonists in Oppenheimer's award-winning film, surveys of Indonesian audiences and data gathered from a global online petition as well as Chinese microblogs in order to better understand how audiences respond to genocide documentaries and why it is so difficult to generate political action outside the theatre.  相似文献   

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《Political Theology》2013,14(6):873-893
Abstract

This article takes a critical look at the experience of the Christian Churches during the time of the Rwandan genocide between 6 April and mid July 1994. It is established that in about 100 days about one million people faced death at the hands of soldiers, militias and ordinary civilians. Most victims were killed in churches and other church premises where they had gathered in hope of protection. The genocide in Rwanda was extensive both in its scale and execution. In this article we attempt to understand why and how the churches were involved in the killings, and the implications of such involvement in contemporary efforts towards reconciliation.  相似文献   

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Over the past two decades survivors of the 1994 genocide against the Tutsi in Rwanda have been represented by an increasingly varied range of photographers and filmmakers. International photographers responding to the aftermath of this violence have tended to focus on bearing witness to a genocide that the world failed to acknowledge at the time. One strategy for doing this has been to foreground a relatively small number of visibly wounded genocide survivors who recur in work by different artists. This article analyses representations of six such disabled survivors to explore the strengths and limitations of varying artistic strategies and trace their evolution across time. In doing so it draws on disability theory, contextual material and interviews with Rwandan artists. Whilst some photographers continue to instrumentalize the visible wounds of survivors as metaphor, this is often complicated when the visual image is accompanied by extended text or dialogue. More recent work, including work by Rwandan artists, further prioritizes the survivor’s perspective and ongoing lived experiences rather than solely the events of genocide in 1994.  相似文献   

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BRUCE D. JONES. Peacemaking in Rwanda: The Dynamics of Failure. Boulder: Lynne Rienner, 2001. Pp. 209. $49.95 (US); ALAN J. KUPERMAN. The Limits of Humanitarian Intervention: Genocide in Rwanda. Washington, DC: Brookings Institution, 2001. Pp. 176. $38.95 (US), cloth; $16.95 (US), paper; MAHMOOD MAMDANI. When Victims Become Killers: Colonialism, Nativism, and the Genocide in Rwanda. Princeton and Oxford: Princeton University Press, 2001. Pp. 380. $45.00 (US), cloth; $16.95 (US), paper; LINDA R. MELVERN. A People Betrayed: The Role of the West in Rwanda's Genocide. London: Zed Books, 2000. Pp. x, 272. £49.95, cloth; £14.95, paper; SAMANTHA POWER. ‘A Problem from Hell’: America and the Age of Genocide. New York: Basic Books, 2002. Pp. 640. $30.00 (US); PETER RONAYNE. Never Again? The United States and the Prevention and Punishment of Genocide since the Holocaust. Lanham: Rowman & Littlefield, 2001. Pp. 240. $65.00 (US); MICHAEL BARNETT. Eyewitness to a Genocide: The United Nations and Rwanda. Ithaca and London: Cornell University Press, 2002. Pp. xiii, 215. $25.00 (US); JOHAN POTTIER. Re-imagining Rwanda: Conflict, Survival, and Disinformation in the Late Twentieth Century. New York: Cambridge University Press, 2002. Pp. xvii, 251. $24.00 (US), paper.  相似文献   

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Peace is a spatio-social and temporal experience, dependent on a number of variables that are influenced by positionality and privilege. Often “peaceful” spaces are inherently violent due to racism, sexism, classism, ableism, transphobia, homophobia, and agism among other forms of oppression. This article presents the conceptualisation of the violence of space, as a means by which inequalities are maintained spatially and socially, and demonstrates how in Cape Town, South Africa this exacerbates displacement and reinforces the persistence of violence in townships and informal settlements or temporal and physical spaces of violence. Empirically, through thematic analysis I evidence the conceptualisation of peace without justice as a form of violence through participant narratives of movement and use of space in the post-apartheid city. Using a spatial lens, I demonstrate how these inequalities perpetuate violence and observe the work still to be done in addressing maintained transgenerational inequalities. I utilise interviews with a range of actors working across different city spaces to demonstrate the violence of maintained divides with a specific focus on materialisations of violence, both structural and direct violence, in the areas of housing and transport. In this paper I also highlight organisation and resistance to inequalities, while overall, arguing that the product of the violence of space and spaces of violence is a violent peace whereby engineered poverty and systemic inequalities are maintained.  相似文献   

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