Remaking Rwanda: State building and human rights after mass violence

2012 ◽  
Vol 111 (444) ◽  
pp. 506-507
Author(s):  
D. Beswick
Author(s):  
Laura Robson

This chapter introduces the main question of the book: how did mass violence come to be a primary—perhaps the primary—mode of making political claims in the twentieth and twenty-first century Middle East? It asks when mass violence became a constitutive aspect of the political landscape of the region, why it took precedence over other strategies of state building and establishing political authority, and how governments, armies, and civilians alike came to think of mass violence as a viable and legitimate mode of claiming political space and national rights. Drawing on several different and largely separate historiographies, this introduction argues, makes it possible to produce a synthetic account of violence in the twentieth century Eastern Mediterranean that takes account of regional developments as much as individual national histories.


Author(s):  
Joachim J. Savelsberg ◽  
Suzy McElrath

Structural and cultural changes in the modernization process, combined with contingent historical events, gave rise to a human rights regime. It is codified in the Universal Declaration of Human Rights, promulgated after World War II and the Holocaust. Yet, only the gravest of human rights violations have been criminalized. First steps were taken beginning in the 19th century with The Hague and Geneva Conventions, constituting the Laws of Armed Conflict. They were followed by the Convention for the Prevention and Punishment of the Crime of Genocide (1948), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and eventually the Rome Statute (1998) on which the first permanent International Criminal Court is based. Some scholars even observe a justice cascade. Enforcement of the norms entailed in the above legal documents benefits from opportunities such as increases in international interdependencies, the buildup of international organizations, and the proliferation of nongovernmental organizations in the human rights realm. Challenges arise from partially competing principles such as conflict settlement and survival of suffering populations as cultivated by social fields such as humanitarianism and diplomacy and from a lack of law enforcement. While international institutions play a crucial role, much international law is implemented through domestic courts. International penal law pertaining to human rights has affected domestic policymaking in the human rights realm but also nation-level policies pertaining to the punishment of common crimes. Finally, debates continue to rage regarding the effects of the criminalization of grave human rights violations. Proponents have thus far focused on potential deterrent effects, but a new line of thought has begun to take cultural effects seriously. Its representatives identify a redefinition of those responsible for mass violence as criminal perpetrators and substantial representational power of international criminal law against those who bear responsibility for the gravest of human rights violations.


2020 ◽  
Vol 14 (1) ◽  
pp. 165-192
Author(s):  
Robin Adèle Greeley ◽  
Michael R Orwicz ◽  
José Luis Falconi ◽  
Ana María Reyes ◽  
Fernando J Rosenberg ◽  
...  

ABSTRACT∞ The power of memorialization is widely recognized as a form of symbolic reparation aimed at overcoming deep social divisions in the aftermath of mass violence. Yet memorialization as a juridical tool of repair lacks systematic conceptual elaboration, and its potential remains underutilized. This often results in ineffective, even detrimental monuments, and in programmatic failures to integrate memorial practices into multilayered strategies for justice and social reconciliation. This article explores three case studies from the Inter-American Human Rights System in order to examine the strengths and shortcomings of existing approaches to memorialization. We then offer recommendations for expanding the reparative and transformative capacities of symbolic reparations. We conclude by summarizing our observations on how the fundamentally expressive nature of symbolic reparations provides a potentially powerful tool of repair and transformation.


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