Physical-biological or socio-cultural ‘destruction’ in genocide? Unravelling the legal underpinnings of conflicting interpretations

The recent implementation of the 1948 Genocide Convention has shed light on some of its ambiguities, in particular the meaning of the ‘intent to destroy the group’, the mens rea of genocide, and whether the intended destruction should be understood in physical-biological terms or as an intent to eliminate the group as a social-cultural entity. The debate has been particularly acute within the International Criminal Tribunal for the Former Yugoslavia (ICTY), where the former, narrow understanding has finally prevailed. In contrast, in other jurisdictions, such as the German courts, a clear stance has been taken in favour of a broader socio-cultural understanding. This article integrates the legal constraints of interpretation into the debate on the meaning of group destruction. It focuses on the respective foundations of these conflicting interpretations, especially the reference to ‘cultural genocide’, and addresses the socio-legal underpinnings of both. In particular, it places a special emphasis on the international legal rules of interpretation as set out in the 1969 Vienna Convention on the Law of Treaties and on the principles of international criminal law such as the nullum crimen sine lege principle.     

Anthropological Contributions and Challenges to the Study of Children and Childhoods

This essay considers the anthropology of childhood's recent growth. It summarizes the sub-field's extensive if often unacknowledged past, reviews its late 20th-century bourgeoning, and then highlights three influential teaching texts, each of which argues for a more considered, culturally informed understanding of children and childhood while performing the vital service of bringing together heretofore scattered ideas and data. To ensure the field's further maturation, scholars must leverage what an integrative, four-fields approach has to offer, attend to the conjoined, coterminous, and coeval facets of adulthood and childhood; leverage what an integrative, four-fields approach has to offer; expand the pediatric lens; and otherwise guard against our own cultural biases.     

Ohalo II man—unusual findings in the anterior rib cage and shoulder girdle of a 19000-year-old specimen

The analysis of the skeletal remains of Ohalo II man, aged 30–40 years at death and dated to 19 000 years BP, shows advanced and highly unusual ossification of the lower costosternal cartilage; the right humerus is morphologically larger and considerably more robust than the left; degenerative changes were noted unilaterally in the right glenohumeral, acromioclavicular and claviculosternal joints. There is a marked asymmetry of the atlas, axis and occipital condyles. The changes in the costochondral area of the lower anterior rib cage are considered to represent an infectious chronic osteomyelitic process. The marked discrepancy in size between the left and right shoulder girdles and humeri, and the evidence of degenerative disease exclusively on one side only may be the result of a traumatic brachial plexus nerve palsy. The asymmetrical atlas and axis are most probably anatomical variants that do not reflect clinical pathology.     

Stratigraphy and geochronology of La Playa archaeological site,Sonora, Mexico

La Playa archaeological site in northern Sonora, Mexico contains a long record of human activity that includes the Paleoindian period (terminal Pleistocene) and much of the Holocene. The size and complexity of La Playa has discouraged a systematic characterization of its stratigraphy and geochronology, a deficiency we redress in the study. We distinguished seven stratigraphic units ranging in age from >44,570 to 400 cal yr B.P. using ¹⁴C dates from charcoal and terrestrial gastropods found mostly in archaeological features. All of the buried (in situ) cultural remains are contained in Units B (4690–1580 cal yr B.P.) and C (1010–400 cal yr B.P.) and represent overbank deposition from the nearby Rio Boquillas. Occupation at the site peaks in Units B₄ and B₅, corresponding to the Cienega phase (2800–1800 cal yr B.P.) of the Early Agricultural period. This period coincides with the growth of early agricultural villages in the region and is marked at La Playa by thousands of archaeological features including roasting pits, human burials, and extensive canal irrigation systems. The presence of semi-aquatic and aquatic snails demonstrates that water was present year round in the canal systems constructed during this period. Stable and radiometric isotopic evidence suggests that early agriculturalists diverted ground water over several kilometers from the nearby Rio Boquillas. The extensive Cienega phase occupation ended after about 1700 cal yr B.P. with deep erosion of the site, an event also visible in alluvial records in southern Arizona that marked the end of the Early Agricultural period and significant changes in settlement organization in the region.     

Fashioning a Cacique Nun: From Saints’ Lives to Indian Lives in the Spanish Americas

New Spain was a land of opportunity for the missionary as well as the conquistador. The controversial proposal to found a convent for women of the indigenous elite illuminates the redefinition of notions of gender and race. Examining testimonies on this question written by priests, this article charts how they transform material that would normally have been presented as hagiography into narratives of a more general nature, and argues that this rhetorical shift contributed to a kind of writing on the Indies which not only shared the comparative and epistemological stakes of ethnography but also considered issues of gender.     

Gender,Colonialism and Citizenship in the Modern Middle East

Books reviewed in this article: Selma Botman, Engendering Citizenship in Egypt Margaret L. Meriwether and Judith E. Tucker (eds), A Social History of Women and Gender in the Modern Middle East Elizabeth Thompson, Colonial Citizens: Republican Rights, Paternal Privilege, and Gender in French Syria and Lebanon