Variation in Sexual Violence During War
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Justice-Seeking and Loot-Seeking in Civil War
Public Disclosure Authorized Justice-Seeking and Loot-Seeking in Civil War Paul Collier Public Disclosure Authorized The World Bank Anke Hoeffler CSAE, Oxford This Draft: February 17th, 1999 Public Disclosure Authorized Public Disclosure Authorized The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors. They do not necessarily represent the views of the World Bank, its Executive Directors, or the countries they represent. Justice-Seeking and Loot-Seeking in Civil War 1. Introduction Civil war is both a human tragedy and a major impediment to development. Most of the world’s poorest countries are experiencing or have recently experienced such conflict. We use a comprehensive data set to identify its causes. We group potential causes into two categories: the quest for `justice’ and the quest for `loot’. Clearly, one motivation in rebellion is the alleviation of grievances, real or perceived. Most rebellions are ostensibly in pursuit of a `cause’. However, many rebellions also appear to be linked to the capture of resources: diamonds in Angola and Sierra Leone, drugs in Colombia, and timber in Cambodia. In some cases these two motivations become blurred: for example, in Colombia groups which initially claimed ideological motivation have transmuted into drug baronies. In Section 2 we develop a simple rational choice model of loot-motivated rebellion in which private costs are equated with private benefits, and propose empirically measurable proxies for its key variables. In Section 3 we turn to the more complex phenomenon of justice-motivated rebellions, distinguishing between the demand for justice, motivated by a variety of grievances, and the supply of justice determined by both private costs and the difficulties of collective action. -
Erosion of the Rule of Law As a Basis for Command Responsibility Under International Humanitarian Law
Chicago Journal of International Law Volume 18 Number 2 Article 4 1-1-2018 Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law Amy H. McCarthy Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation McCarthy, Amy H. (2018) "Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law," Chicago Journal of International Law: Vol. 18: No. 2, Article 4. Available at: https://chicagounbound.uchicago.edu/cjil/vol18/iss2/4 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law Amy H. McCarthy Abstract Many examples of modern war crimes exhibit a strong link between the institutional breakdown of the rule of law and subsequent commission of humanitarian abuses by service members. Unchecked misconduct, specifically including dehumanizing acts, tends to foster a climate where war crimes are likely to occur. Does the law adequately account for this common thread? This article examines the doctrine of command responsibility in the context of a superior’s failure to maintain discipline among troops, and resulting criminal culpability for violations of the law of armed conflict. While customary international law, as applied by modern ad hoc tribunals, contemplates a wide range of misconduct that may trigger a commander’s affirmative duty to prevent future abuses by subordinates, U.S. -
Gender and the Violence(S) of War and Armed Conflict EMERALD STUDIES in CRIMINOLOGY, FEMINISM and SOCIAL CHANGE
Gender and the Violence(s) of War and Armed Conflict EMERALD STUDIES IN CRIMINOLOGY, FEMINISM AND SOCIAL CHANGE Series Editors Sandra Walklate, School of Social Sciences, Monash University, Australia. Kate Fitz-Gibbon, School of Social Sciences at Monash University and Monash Gender and Family Violence Prevention Centre, Australia. Jude McCulloch, Monash University and Monash Gender and Family Violence Prevention Centre, Australia. JaneMaree Maher, Centre for Women’s Studies and Gender Research, Sociology, Monash University, Australia. Emerald Studies in Criminology, Feminism and Social Change offers a platform for innovative, engaged, and forward-looking feminist-informed work to explore the interconnections between social change and the capacity of criminology to grap- ple with the implications of such change. Social change, whether as a result of the movement of peoples, the impact of new technologies, the potential consequences of climate change, or more commonly identified features of changing societies, such as ageing populations, inter-genera- tional conflict, the changing nature of work, increasing awareness of the problem of gendered violence(s), and/or changing economic and political context, takes its toll across the globe in infinitely more nuanced and inter-connected ways than previously imagined. Each of these connections carry implications for what is understood as crime, the criminal, the victim of crime and the capacity of criminology as a disci- pline to make sense of these evolving interconnections. Feminist analysis, despite its contentious relationship with the discipline of criminology, has much to offer in strengthening the discipline to better understand the complexity of the world in the twenty-first century and to scan the horizon for emerging, possible or likely futures. -
The Rape of Nanking: a Historical Analysis of the Aftershocks of Wartime Sexual Violence in International Relations
FACULTAD DE CIENCIAS HUMANAS Y SOCIALES The Rape of Nanking: a historical analysis of the aftershocks of wartime sexual violence in international relations. Autor: Ester Brito Ruiz Quinto Curso del Doble Grado de ADE y Relaciones Internacionales Director: Jose Manuel Saenz Rotko Madrid Junio 2018 Ester Brito Ruiz international relations. The Rape of Nanking: a historical analysis of the aftershocks of wartime sexual violence in in violence sexual wartime of aftershocks the of analysis historical a Nanking: of Rape The Index 1) Abstract & Key words. 2) Methodology & Research Design. 3) Introduction. 4) Historiography and debates on Nanking. 5) Historical analysis and drivers of the Second Sino-Japanese war and interbellum change in protocols against foreign combatants and civilians. a. Conditioning Japanese political factors. b. Economic drivers. c. The role of the international order. 6) The route to Nanking a. Introduction: planning and intent of Japanese imperial forces when entering Manchuria. b. Road to Nanking: the advance of the imperial army, Loot all, kill all, burn all imperative. c. The entry into the city and mass killings. d. Rape in Nanking and beyond the capital. e. Torture inflicted upon combatants and civilians. f. The weeks following the fall of Nanking. 7) Radicalization of the Japanese imperial army: understanding historical warfare practices and theories of violence. 8) Rape as a weapon of war. 9) Other war crimes and implications of Japanese Imperialism 10) Historical memory of Nanking a. Significance of diverging historical memory in politics b. China: the century of humiliation narrative c. Japan: the historical aggressor-victim dilemma 1 11) Historical impact of Nanking on current international relations. -
Justice for Survivors of Japan's Military Sexual Slavery System ______
Japan: Still Waiting After 60 years: Justice for Survivors of Japan's Military Sexual Slavery System _____________________________________________________________________________________________ Still Waiting After 60 years: Justice for Survivors of Japan's Military Sexual Slavery System Introduction In war zones all over the world crimes of sexual violence have been and are committed against women. Women and girls "are exposed not only to the violence and devastation that accompany any war but also to forms of violence directed specifically at women on account of their gender."(1) For centuries, wartime rape was perceived as an inevitable consequence of war. Even today, in an era where global consciousness around human rights, specifically the rights of women, has risen, survivors of sexual violence are largely denied redress: there is widespread impunity for these crimes where perpetrators go unpunished and victims are denied any form of reparation. Sexual violence, including rape, is used as a weapon of war - it is used deliberately to demoralize and destroy the opposition and is used to provide ‘entertainment’ and ‘fuel’ for soldiers as part of the very machinery of war.(2) Perhaps the most compelling example of the crime of sexual slavery and the denial of justice to victims was the system of institutionalized sexual slavery used by the Japanese Imperial Army before and during World War II and subsequent denials of responsibility for the system by the Japanese government. The women forced into sexual servitude were euphemistically known as "comfort women".(3) Up to 200,000 "comfort women" were sexually enslaved by the Japanese Imperial Army from around 1932 to the end of World War II. -
The United States and the International Efforts Against Looting of Antiquities
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Working Papers Faculty Scholarship 2-19-2009 Protecting against Plunder: The nitU ed States and the International Efforts against Looting of Antiquities Asif Efrat Cornell Law School, [email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/clsops_papers Part of the Arts and Entertainment Commons, Commercial Law Commons, International Law Commons, and the International Trade Commons Recommended Citation Efrat, Asif, "Protecting against Plunder: The nitU ed States and the International Efforts against Looting of Antiquities" (2009). Cornell Law Faculty Working Papers. Paper 47. http://scholarship.law.cornell.edu/clsops_papers/47 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Working Papers by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Protecting against Plunder The United States and the International Efforts against Looting of Antiquities Asif Efrat ∗∗∗ Word Count: 21,297 Abstract. In 1970 UNESCO adopted a convention intended to stem the flow of looted antiquities from developing countries to collections in art-importing countries. The majority of art-importing countries, including Britain, Germany, and Japan, refused to join the Convention. Contrary to other art-importing countries, and reversing its own traditionally-liberal policy, the United States accepted the international regulation of antiquities and joined the UNESCO Convention. The article seeks to explain why the United States chose to establish controls on antiquities, to the benefit of foreign countries facing archaeological plunder and to the detriment of the US art market. -
War Crimes in the Philippines During WWII Cecilia Gaerlan
War Crimes in the Philippines during WWII Cecilia Gaerlan When one talks about war crimes in the Pacific, the Rape of Nanking instantly comes to mind.Although Japan signed the 1929 Geneva Convention on the Treatment of Prisoners of War, it did not ratify it, partly due to the political turmoil going on in Japan during that time period.1 The massacre of prisoners-of-war and civilians took place all over countries occupied by the Imperial Japanese Army long before the outbreak of WWII using the same methodology of terror and bestiality. The war crimes during WWII in the Philippines described in this paper include those that occurred during the administration of General Masaharu Homma (December 22, 1941, to August 1942) and General Tomoyuki Yamashita (October 8, 1944, to September 3, 1945). Both commanders were executed in the Philippines in 1946. Origins of Methodology After the inauguration of the state of Manchukuo (Manchuria) on March 9, 1932, steps were made to counter the resistance by the Chinese Volunteer Armies that were active in areas around Mukden, Haisheng, and Yingkow.2 After fighting broke in Mukden on August 8, 1932, Imperial Japanese Army Vice Minister of War General Kumiaki Koiso (later convicted as a war criminal) was appointed Chief of Staff of the Kwantung Army (previously Chief of Military Affairs Bureau from January 8, 1930, to February 29, 1932).3 Shortly thereafter, General Koiso issued a directive on the treatment of Chinese troops as well as inhabitants of cities and towns in retaliation for actual or supposed aid rendered to Chinese troops.4 This directive came under the plan for the economic “Co-existence and co-prosperity” of Japan and Manchukuo.5 The two countries would form one economic bloc. -
Sexual Violence and Armed Conflict: United Nations Response
Women2000 Sexual Violence and Armed Conflict: United Nations Response Published to Promote the Goals of the Beijing Declaration and the Platform for Action April 1998 UNITED NATIONS Division for the Advancement of Women Department of Economic and Social Affairs Introduction Sexual violence during armed conflict is not a new phenomenon. It has existed for as long as there has been conflict. In her 1975 book Against Our Will: Men, Women and Rape, Susan Brownmiller presented stark accounts of rape and other sexual atrocities that have been committed during armed conflict throughout history. While historically very few measures have been taken to address sexual violence against women committed during armed conflict, it is not true to say that there has always been complete silence about the issue. Belligerents have often capitalized upon the abuse of their women to garner sympathy and support for their side, and to strengthen their resolve against the enemy. Usually, the apparent concern for these women vanishes when the propaganda value of their suffering diminishes, and they are left without any prospect of redress. It is true to say that the international community has, for a long time, failed to demonstrate a clear desire to do something about the problem of sexual violence during armed conflict. The turning point came in the early 1990s as a result of sexual atrocities committed during the conflict in the former Yugoslavia, and it seems that finally, the issue has emerged as a serious agenda item of the international community. Many of the steps taken to address Towards the end of 1992, the sexual violence against women during world was stunned by reports of armed conflict have occurred within the sexual atrocities committed framework of the United Nations. -
Victims and TJ
University of Birmingham Masculinity and male survivors of wartime sexual violence Clark, Janine DOI: 10.1080/14678802.2017.1338422 Document Version Peer reviewed version Citation for published version (Harvard): Clark, J 2017, 'Masculinity and male survivors of wartime sexual violence: a Bosnian case study', Conflict, Security and Development, vol. 17, no. 4, pp. 287-311. https://doi.org/10.1080/14678802.2017.1338422 Link to publication on Research at Birmingham portal Publisher Rights Statement: Checked for eligibility: 08/06/2017 “This is an Accepted Manuscript of an article published by Taylor & Francis in Conflict, Security and Development on 4th July 2017, available online: http://www.tandfonline.com/10.1080/14678802.2017.1338422 General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain. Where a licence is displayed above, please note the terms and conditions of the licence govern your use of this document. -
Legacy of Iconoclasm Volume
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by St Andrews Research Repository The Legacy of Iconoclasm: Religious War and the Relic Landscape of Tours, Blois and Vendôme, 1550-1750 Eric Nelson St Andrews Studies in French History and Culture ST ANDREWS STUDIES IN FRENCH HISTORY AND CULTURE The history and historical culture of the French-speaking world is a major field of interest among English-speaking scholars. The purpose of this series is to publish a range of shorter monographs and studies, between 25,000 and 50,000 words long, which illuminate the history of this community of peoples between the later Middle Ages and the late twentieth century. The series covers the full span of historical themes relating to France: from political history, through military/naval, diplomatic, religious, social, financial, gender, cultural and intellectual history, art and architectural history, to historical literary culture. Titles in the series are rigorously peer-reviewed through the editorial board and external assessors, and are published as both e-books and paperbacks. Editorial Board Dr Guy Rowlands, University of St Andrews (Editor-in-Chief) Professor Andrew Pettegree, University of St Andrews Professor Andrew Williams, University of St Andrews Dr David Culpin, University of St Andrews Dr Sarah Easterby-Smith, University of St Andrews Dr David Evans, University of St Andrews Dr Justine Firnhaber-Baker, University of St Andrews Dr Linda Goddard, University of St Andrews Dr Bernhard Struck, University -
Law As a Mean of International Cooperation for the Protection of Cultural Heritage
Law as a mean of International cooperation for the protection of Cultural Heritage With regards to the Normative Protection of Cultural Property, the United Nations Educational, Scientific and Cultural Organization (UNESCO) was mandated in 1945, right after its creation. Legal measures were taken relatively quickly considering that nine years after its creation, the 1954 Hague Convention for the Protection of Cultural Property in the event of Armed Conflicts was adopted after the convocation of an Intergovernmental Conference. The philosophical background of this Convention resides in the preamble, recognizing that “cultural property has suffered grave damage during recent armed conflicts and that, by reason of the developments in the technique of warfare, it is in increasing danger of destruction”. Moreover, the minds behind the Convention addressed the question of Heritage ownership or non-ownership by stating that “damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world”. Whereas the 1954 Convention has obviously been influenced by the atrocities of the war, the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership adopted fifteen years later and applicable in time of peace reveals the consequences of the War regarding Cultural Heritage. Indeed, the controversies over the misappropriation, restitution and traffic of art that occurred after the WWII urged for the adoption of a new Convention. Regarding the past or ongoing traffic of Culture, the 1954 and 1970 Conventions are often complementary. As it happened during WWII and as it is happening today with the looting of historical sites by non-state actors in Iraq and Syria, the illicit acquisition process in war time, scrutinized under the scope of the Hague Convention, is followed by years of movement out of war zones, thus falling under the scrutiny of the 1970 Convention. -
Final Report of the Nazi War Crimes & Japanese
Nazi War Crimes & Japanese Imperial Government Records Interagency Working Group Final Report to the United States Congress April 2007 Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group Final Report to the United States Congress Published April 2007 1-880875-30-6 “In a world of conflict, a world of victims and executioners, it is the job of thinking people not to be on the side of the executioners.” — Albert Camus iv IWG Membership Allen Weinstein, Archivist of the United States, Chair Thomas H. Baer, Public Member Richard Ben-Veniste, Public Member Elizabeth Holtzman, Public Member Historian of the Department of State The Secretary of Defense The Attorney General Director of the Central Intelligence Agency Director of the Federal Bureau of Investigation National Security Council Director of the U.S. Holocaust Memorial Museum Nationa5lrchives ~~ \T,I "I, I I I"" April 2007 I am pleased to present to Congress. Ihe AdnllniSlr:lllon, and the Amcncan [JeOplc Ihe Final Report of the Nazi War Crimes and Japanese Imperial Government Rcrords Interagency Working Group (IWG). The lWG has no\\ successfully completed the work mandated by the Nazi War Crimes Disclosure Act (P.L. 105-246) and the Japanese Imperial Government DisdoSUTC Act (PL 106·567). Over 8.5 million pages of records relaH:d 10 Japanese and Nazi "'ar crimes have been identifIed among Federal Go\emmelll records and opened to the pubhc. including certam types of records nevcr before released. such as CIA operational Iiles. The groundbrcaking release of Lhcse ft:cords In no way threatens lhe Malio,,'s sccurily.