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ISIS Crimes Against the Shia: The Islamic State's Genocide Against Shia Muslims ISIS对什叶派的罪行:伊斯兰国对什叶派穆斯林的种族灭绝
Q3 Social Sciences Pub Date : 2018-04-07 DOI: 10.3138/GSI.11.2.02
Emily Hawley
Abstract:This paper reconciles a substantial gap in legal scholarship: the Islamic State's (ISIS's) unrecognized genocide against Shia Muslims. Unlike ISIS's crimes against Yazidis, no substantial legal analysis on ISIS's Shia victims has been published. And while there are popular initiatives demanding ISIS's violence against Christians be recognized as genocide, there are no parallel movements on behalf of ISIS's Shia victims, despite a much stronger legal claim. As this paper expands, ISIS's genocide against Shias is unambiguous; Shia Muslims plainly comprise a protected religious group, ISIS has been transparent in terms of its genocidal intent, and ISIS's systematic killing of Shias clearly constitutes genocidal conduct under the Genocide Convention. Over the course of this paper, I advance this thesis, demarking clear parallels with ISIS's well-established genocide against Iraq's Yazidis. I also explain the significance of the legal community's neglect of ISIS's Shia victims.
摘要:本文弥补了法律学界的一个重大空白:伊斯兰国(ISIS)对什叶派穆斯林的种族灭绝。与ISIS对雅兹迪人犯下的罪行不同,针对ISIS什叶派受害者的实质性法律分析尚未发表。虽然有民众倡议要求将ISIS对基督徒的暴力视为种族灭绝,但没有代表ISIS什叶派受害者的类似运动,尽管有更有力的法律主张。随着本文的展开,ISIS对什叶派的种族灭绝是毫不含糊的;什叶派穆斯林显然是一个受保护的宗教团体,ISIS的种族灭绝意图是透明的,ISIS对什叶派的系统性杀戮显然构成了《种族灭绝公约》下的种族灭绝行为。在本文的过程中,我进一步阐述了这一论点,明确指出了ISIS对伊拉克雅兹迪人的种族灭绝的相似之处。我还解释了法律界忽视ISIS什叶派受害者的重要性。
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引用次数: 21
Recovering Armenia: The Limits of Belonging in Post-Genocide Turkey by Lerna Ekmekcioglu (review) Lerna Ekmekcioglu著《收复亚美尼亚:种族灭绝后土耳其的归属极限》(综述)
Q3 Social Sciences Pub Date : 2018-04-07 DOI: 10.3138/GSI.11.2.11
Eliz Sanasarian
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引用次数: 14
Huancavelica, Peru: From Sacred Shrine to Contaminated Capital 秘鲁万卡维利卡:从神圣圣地到被污染的首都
Q3 Social Sciences Pub Date : 2018-04-07 DOI: 10.3138/GSI.11.2.07
Nicholas A. Robins
Abstract:This essay discusses the work of an American NGO, the Environmental Health Council, in documenting and remediating mercury and other heavy metal contamination in Huancavelica, Peru. The nearby Santa Bárbara and Challacatana hills are among the most extensive cinnabar deposits in the world. Mercury distilled in Huancavelica during the Spanish colonial period was dispatched throughout the Andean region and was a requisite input for the production of silver through the amalgamation process. While this stimulated the rise of modern globalism, it has left extensive contamination in its wake with which contemporary residents contend.
摘要:本文讨论了美国非政府组织环境卫生委员会在记录和修复秘鲁万卡维利卡的汞和其他重金属污染方面所做的工作。附近的Santa Bárbara和Challacatana山是世界上最广泛的朱砂矿床之一。西班牙殖民时期在万卡维利卡蒸馏的汞被运往安第斯地区,是通过合并过程生产银的必要投入。虽然这刺激了现代全球主义的兴起,但也留下了当代居民所面临的广泛污染。
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引用次数: 0
Sympathy and Exclusion: The Migration of Child and Women Survivors of the Armenian Genocide from the Eastern Mediterranean to Canada, 1923–1930 同情与排斥:1923–1930年亚美尼亚种族灭绝幸存者从东地中海迁移到加拿大
Q3 Social Sciences Pub Date : 2018-04-07 DOI: 10.3138/GSI.11.2.04
Daniel Ohanian
Abstract:In 1918, some 500,000 Ottoman Armenians found themselves displaced from their homes or living in Muslim households in the Eastern Mediterranean and the South Caucasus. For most, life did not return to normal after WWI. Rather, new wars, war scares, political maneuverings, economic policies, famines, and epidemics during 1918–1930 resulted in a long-term refugee crisis that was responded to by a large number of Armenian and non-Armenian organizations. This article looks at one such response: the humanitarian relocation to Canada of 110 boys and 39 girls and women—all genocide refugees and most of them orphans. It traces how this relocation campaign was realized despite Canadian immigration authorities' long-standing efforts to keep Asians, the impoverished, and the stateless from entering the country. Breaking with the often simplistic and celebratory tone of the literature on humanitarian aid to Ottoman Armenians, this article discusses how the Canadian fundraising campaigns of 1880–1922 were a liability for this subsequent relocation project, and it pays special attention to the people and ideas that opposed it.
摘要:1918年,约有50万奥斯曼亚美尼亚人背井离乡,或生活在东地中海和南高加索的穆斯林家庭中。对大多数人来说,一战后生活并没有恢复正常。相反,1918-1930年间的新战争、战争恐慌、政治策略、经济政策、饥荒和流行病导致了长期的难民危机,大量亚美尼亚和非亚美尼亚组织对此作出了回应。这篇文章着眼于这样一个回应:110名男孩、39名女孩和妇女被人道主义安置到加拿大,他们都是种族灭绝难民,其中大多数是孤儿。它追溯了尽管加拿大移民当局长期努力阻止亚洲人、穷人和无国籍人入境,但这场搬迁运动是如何实现的。这篇文章打破了对奥斯曼亚美尼亚人的人道主义援助文献中通常过于简单和庆祝的基调,讨论了1880年至1922年的加拿大筹款活动如何成为随后搬迁项目的负担,并特别关注反对该项目的人和思想。
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引用次数: 0
Transitional Justice and the Legacy of Nuremberg: The Promise and Problems of Confronting Atrocity in Post-Conflict Societies 过渡时期司法和纽伦堡的遗产:冲突后社会面对暴行的希望和问题
Q3 Social Sciences Pub Date : 2018-04-07 DOI: 10.3138/GSI.11.2.03
P. Besmel, A. Álvarez
Abstract:It's been over 70 years since the Nuremberg trials helped establish the primacy of legal mechanisms to deal with international human rights abuses, especially for genocide. Since then, we have seen a proliferation of courts and tribunals focused on bringing to justice perpetrators of genocide. In this paper, we critically examine the ways in which Nuremberg shaped and influenced these responses to genocide and to our understanding of the nature of justice in post-conflict societies. In an era when genocides and mass atrocity crimes continue to occur, it is important to understand the benefits and limitations of legal strategies for post-conflict societies and how they influence other transitional justice mechanisms. We bring to light the clear tension between the different goals of international criminal justice, namely punishment, prevention, and peace, and show that increased reliance on punishment does not necessarily brings about peace. To sustain peace and stability in post-conflict era, countries have also turned to truth and reconciliation commission, lustration, and reparation.
摘要:70多年前,纽伦堡审判确立了处理国际人权侵犯,特别是种族灭绝的法律机制的首要地位。从那时起,我们看到专注于将种族灭绝肇事者绳之以法的法院和法庭激增。在本文中,我们批判性地考察了纽伦堡如何塑造和影响这些对种族灭绝的反应,以及我们对冲突后社会正义本质的理解。在种族灭绝和大规模暴行罪行继续发生的时代,必须了解冲突后社会法律战略的好处和局限性,以及它们如何影响其他过渡时期司法机制。我们揭示了国际刑事司法的不同目标,即惩罚、预防和和平之间明显的紧张关系,并表明增加对惩罚的依赖并不一定带来和平。为了维持冲突后时代的和平与稳定,各国也纷纷转向真相与和解委员会、清算和赔偿。
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引用次数: 2
Seldom Asked, Seldom Answered: II(b) or Not II(b)? 很少被问到,很少被回答:II(b)还是非Ⅱ(b)?
Q3 Social Sciences Pub Date : 2018-04-07 DOI: 10.3138/GSI.11.2.05
C. Tatz
Abstract:Article II(b) of the UN Genocide Convention is rarely applied to a specific case in genocide studies. The Australian Aboriginal experience illustrates Article II(a) physical killing and II(e) child removal well enough. But in the longer term, II(b)—"causing serious bodily or mental harm"—has been the major process in destroying Aboriginal life and culture since the start of the twentieth century. The physical harm is readily detectable, but it is essentially the "serious mental harm" aspect that is examined here.
摘要:《联合国灭绝种族罪公约》第二条(b)款在灭绝种族罪研究中很少适用于具体案例。澳大利亚土著居民的经验很好地说明了第2 (a)条肉体杀害和第2 (e)条带走儿童。但从长远来看,II(b) -“造成严重的身体或精神伤害”-自20世纪初以来一直是破坏土著生活和文化的主要过程。身体上的伤害很容易检测到,但这里主要检查的是“严重的精神伤害”方面。
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引用次数: 1
The Locust Effect by Gary A. Haugen and Victor Boutros (review) Gary A.Haugen和Victor Boutros的蝗虫效应(综述)
Q3 Social Sciences Pub Date : 2018-03-20 DOI: 10.3138/GSI.11.2.08
C. Burdett
It is tragic that The Locust Effect has to be written in the first place. The developed world should not need to be woken up to the violence that plagues the lives of the poor. In truth, no society should be guilty of abandoning the impoverished to the clutches of violence. Unfortunately, according to Gary Haugen and Victor Boutros, this is our reality. The developed world is neglectful, preoccupied with poverty alleviation through aid and economic growth. Meanwhile, the poor continue to suffer from institutional failures that leave them devoid of remedy. Without justice and basic protections, they continue to be victimized and stripped of their humanity. The imagery that confronts us at the outset of the book is intentionally shocking. It sensitizes the reader to the struggles of the poor in the face of devastating violence. However, the authors are not trying to convince us that violence against the poor is wrong. Any sensible person would find their stories repulsive and repugnant. Instead, the book is meant to be a window to the reality of the poor, revealing their hidden personal struggles with violence, and thereby criticize the developed world for what it has not done. This is in the hope of inspiring a change in how we think and talk about development, while feeding a sense of urgency and moral outrage. The authors derive the book’s name from the notion of predatory violence as a plague that has ‘‘the power to destroy everything,’’ much like the locust cloud that devastated the Midwest United States in 1875 (xi). The poor are uniquely vulnerable to this plague because they are desperate and easy to manipulate thanks to their economic circumstances (61). In addition, the poor are typically unprotected because they live under dysfunctional criminal justice systems. This dynamic, the authors explain, confounds conventional approaches to poverty alleviation and leads to a vicious circle. Violence does not figure into the calculus of most aid agencies and international organizations, so conventional programs that target poverty do not address violence directly. In turn, violence effectively undercuts these programs, rendering them ineffective. Meanwhile, the poor remain vulnerable and the plague continues to feed upon them. Accordingly, improving the well-being of the poor is not just a function of increased access to money or goods. Haugen and Boutros argue that they require basic protections. The poor will not flourish if they are subject to sexual exploitation, enslavement, extortion, and theft. Experiencing physical violence may compromise the ability to work while incurring medical fees they are ill-equipped to pay. Human capital accumulation will also suffer if children are too afraid to go to school or kept home because they may be attacked. The acutely impoverished are already high-risk in economic terms. Violence and the threat of violence only amplify the risk while intensifying the consequences when this risk is realized. Haugen and
《蝗虫效应》一开始就必须写出来,这是悲剧。发达国家不应该被困扰穷人生活的暴力所唤醒。事实上,任何社会都不应该因为将穷人遗弃在暴力的魔爪中而有罪。不幸的是,根据Gary Haugen和Victor Boutros的说法,这就是我们的现实。发达国家忽视了这一点,一心想着通过援助和经济增长来减轻贫困。与此同时,穷人继续遭受体制上的失败,使他们得不到补救。在没有正义和基本保护的情况下,他们继续成为受害者,被剥夺了人性。在这本书的开头,我们所面对的意象是故意令人震惊的。它使读者了解穷人在毁灭性暴力面前的斗争。然而,作者并没有试图让我们相信针对穷人的暴力是错误的。任何理智的人都会觉得他们的故事令人反感。相反,这本书旨在成为了解穷人现实的窗口,揭示他们与暴力之间隐藏的个人斗争,从而批评发达国家没有做的事情。这是为了激发我们对发展的思考和谈论方式的改变,同时激发紧迫感和道德愤怒。作者们将这本书的名字来源于掠夺性暴力作为一种瘟疫的概念,这种瘟疫“有摧毁一切的力量”,就像1875年摧毁美国中西部的蝗虫云(xi)。穷人特别容易受到这场瘟疫的影响,因为由于他们的经济环境,他们绝望且容易被操纵(61)。此外,穷人通常得不到保护,因为他们生活在功能失调的刑事司法系统中。作者解释说,这种动态混淆了传统的扶贫方法,并导致了一个恶性循环。大多数援助机构和国际组织都没有考虑暴力问题,因此针对贫困的传统项目并没有直接解决暴力问题。反过来,暴力有效地削弱了这些计划,使其无效。与此同时,穷人仍然很脆弱,瘟疫继续折磨着他们。因此,改善穷人的福祉不仅仅是增加获得金钱或商品的机会。豪根和布特罗斯认为他们需要基本的保护。如果穷人遭受性剥削、奴役、勒索和盗窃,他们就不会兴旺发达。遭受身体暴力可能会损害工作能力,同时产生他们无力支付的医疗费。如果孩子们害怕上学或被关在家里,因为他们可能会受到攻击,那么人力资本积累也会受到影响。极度贫困的人在经济方面已经是高危人群。暴力和暴力威胁只会扩大风险,而在意识到这种风险时会加剧后果。豪根和布特罗斯随后就执法对减少贫困的重要性达成共识。然而,发展中国家的刑事司法系统严重不足。这在一定程度上是由于殖民时期的遗留问题,当时执法部门只为精英提供保护(176-7),尽管缺乏
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引用次数: 0
The Famine Plot Revisited: A Reassessment of the Great Irish Famine as Genocide 重访饥荒阴谋:对爱尔兰大饥荒作为种族灭绝的重新评估
Q3 Social Sciences Pub Date : 2017-12-11 DOI: 10.3138/GSI.11.1.04
Mark McGowan
Abstract:There has been considerable debate among historians and public commentators about whether or not the Great Irish Famine (1845–1851) could be considered as genocide. Recently, controversial journalist Tim Pat Coogan has argued that England's treatment of Ireland in this period can be considered genocide. Historical evidence suggests otherwise. There was considerable blame for the perpetration of Ireland misery beyond the ill conceived and poorly executed policies of successive British governments. At the root of the famine tragedy was an outmoded and poorly functioning landholding system and over-dependence of an impoverished rural underclass on the potato staple. Anglo-Irish landlords, merchants, businessmen of all denominations, large landholding farmers, nationalist politicians, clergy, ineffective implementation of poor relief by local gentry, and unscrupulous port officials and ship's captains must also bear some responsibility in contributing to this calamity in modern Irish history.
摘要:关于爱尔兰大饥荒(1845-1851)是否可以被视为种族灭绝,历史学家和公共评论家之间存在着相当大的争论。最近,有争议的记者Tim Pat Coogan认为,英格兰在这一时期对待爱尔兰的做法可以被视为种族灭绝。历史证据表明情况并非如此。除了历届英国政府构思不周、执行不力的政策之外,爱尔兰的苦难也受到了相当大的指责。饥荒悲剧的根源是一个过时且运作不佳的土地持有系统,以及贫困的农村下层阶级对土豆主食的过度依赖。英国-爱尔兰的地主、商人、各种教派的商人、拥有土地的大农场主、民族主义政客、神职人员、当地士绅对贫困救济的无效实施,以及肆无忌惮的港口官员和船长,也必须为爱尔兰现代史上的这场灾难承担一些责任。
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引用次数: 1
The Magnitude of Genocide by Colin Tatz and Winton Higgins (review) 科林·塔兹、温顿·希金斯《种族灭绝的规模》(书评)
Q3 Social Sciences Pub Date : 2017-12-11 DOI: 10.3138/GSI.11.1.09
A. Álvarez
Since the mid-1990s, the field of genocide studies has seen a rapid expansion of interest and attention that has been spurred on by horrific crimes of mass violence in such farflung places as Bosnia, Kosovo, Rwanda, and the Democratic Republic of the Congo. As a result, scholars from a variety of disciplines have increasingly focused their attention on working to explain the etiology and dynamics of genocidal processes and practices in order to develop effective policies intended to prevent and intervene when genocide appears imminent or has already broken out. Consequently, an extensive literature on genocide exists today that can easily overwhelm the reader because of its extent and complexity. This is especially true when one combines the scholarship of genocide with the writing on the Holocaust, one of the most extensively studied and written about events in all of history. Making sense of this vast literature can be extremely difficult, especially when one also considers that the term itself is conceptually problematic, encompasses a variety of destructive actions and policies, is subject to various definitional debates, and has often been applied in problematic ways. This is where the new book The Magnitude of Genocide, by Australian scholars Colin Tatz and Winton Higgins, fills an important need by providing an up-to-date and comprehensive overview of the state of contemporary genocide studies. The authors have not written a simple survey that just summarizes the state of knowledge of genocide studies, but rather organize their book and discussion around some original ideas that contribute to the depth and explanatory power of their analysis. Approaching the subject from a comparative and interdisciplinary perspective, for example, the authors set out to examine genocide based on what they refer to as the ‘‘magnitude’’ of different cases, a term they borrow from seismology and the study of earthquakes that allows them to compare and contrast different examples of genocide based on their relative ‘‘intensity and immensity.’’ It is an intriguing and innovative approach that enables the authors to assess the relative scale or dimensions of genocide in a variety of cases, some of them well known, others less so. Although the Holocaust does loom large in the narrative simply because of its sheer scale and role as the paradigmatic example of genocide, Tatz and Higgins include many other examples of genocide as well in order to provide the reader with a broader understanding of the various ways in which genocide has been perpetrated. Some of these examples, such as the Armenian and Rwandan genocides, are well-known, while others, such as the violence that occurred in East Timor, or at the founding of Bangladesh, or the contemporary attacks against the minority Yazidi in Iraq by ISIS, are not very known at all. Not only
自20世纪90年代中期以来,在波斯尼亚、科索沃、卢旺达和刚果民主共和国等遥远地区发生的大规模暴力可怕罪行的刺激下,种族灭绝研究领域的兴趣和关注迅速扩大。因此,来自各个学科的学者越来越多地将注意力集中在解释种族灭绝过程和做法的病因和动态上,以便制定有效的政策,在种族灭绝迫在眉睫或已经爆发时进行预防和干预。因此,今天存在着大量关于种族灭绝的文献,由于其范围和复杂性,读者很容易被淹没。当人们将种族灭绝的学术与大屠杀的写作相结合时,情况尤其如此,大屠杀是历史上研究和写作最广泛的事件之一。理解这些庞大的文献可能非常困难,尤其是当人们还认为这个词本身在概念上有问题,包括各种破坏性行动和政策,受到各种定义辩论的影响,并且经常以有问题的方式应用时。澳大利亚学者科林·塔茨(Colin Tatz)和温顿·希金斯(Winton Higgins。作者们并没有写一份简单的调查报告来总结种族灭绝研究的知识状况,而是围绕一些有助于他们分析的深度和解释力的原创思想来组织他们的书和讨论。例如,从比较和跨学科的角度来研究这个问题,作者们开始根据他们所说的不同案件的“严重性”来研究种族灭绝,他们借用了地震学和地震研究中的一个术语,使他们能够根据相对的“强度和广度”来比较和对比不同的种族灭绝例子这是一种有趣而创新的方法,使作者能够在各种情况下评估种族灭绝的相对规模或维度,其中一些是众所周知的,另一些则不那么出名。尽管大屠杀在叙事中确实显得很重要,只是因为它的规模和作用纯粹是种族灭绝的典型例子,塔茨和希金斯还列举了许多其他种族灭绝的例子,以便让读者更广泛地了解种族灭绝的各种实施方式。其中一些例子,如亚美尼亚和卢旺达的种族灭绝,是众所周知的,而其他例子,如发生在东帝汶或孟加拉国建国时的暴力事件,或伊斯兰国对伊拉克少数民族雅兹迪人的当代袭击,则根本不为人所知。不仅
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引用次数: 0
Starvation and Its Political Use in the Armenian Genocide 饥饿及其在亚美尼亚种族灭绝中的政治用途
Q3 Social Sciences Pub Date : 2017-12-11 DOI: 10.3138/GSI.11.1.01
George N. Shirinian
Abstract:Starvation is widely recognized as a weapon of extreme mass violence, a gross violation of human rights, and a crime in international criminal law, yet forced starvation is still practiced today. Starvation was used as a political tool against Ukraine in the Holodomor, was part of Nazi strategy during World War II, and is one of the most readily identified aspects of the Armenian Genocide in the Ottoman Empire during the period 1915 to 1923. This study examines how starvation was used by the Young Turk regime as a deliberate policy against the Armenians, the Armenians' experience of starvation, and why starvation was chosen as a tool of genocide. Starvation was highly effective in the large number of Armenians that perished, and was deliberately chosen as a method of killing, partly for plausible deniability and partly for the prolonged suffering it caused, resulting in the eradication of Armenian identity.
摘要:饥饿被广泛认为是极端大规模暴力的武器,是对人权的严重侵犯,也是国际刑法中的罪行,但强迫饥饿至今仍在实施。饥饿在大饥荒中被用作对抗乌克兰的政治工具,是第二次世界大战期间纳粹战略的一部分,也是1915年至1923年奥斯曼帝国亚美尼亚种族灭绝中最容易识别的方面之一。这项研究考察了年轻的土耳其人政权是如何利用饥饿作为针对亚美尼亚人的蓄意政策的,亚美尼亚人的饥饿经历,以及为什么饥饿被选为种族灭绝的工具。饥饿对大量死亡的亚美尼亚人非常有效,并被故意选择作为一种杀戮方法,一方面是为了合理的否认,另一方面是因为饥饿造成的长期痛苦,导致亚美尼亚人的身份被消除。
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引用次数: 2
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