Conclusion

2020 ◽  
pp. 447-452
Author(s):  
Beth Van Schaack

The book’s conclusion offers a number of overarching observations about the prospects of justice for Syria and highlights a few bright spots on an otherwise rather bleak landscape. These grounds for cautious optimism include the fact that we now have a robust and comprehensive international jus puniendi of international crimes, even if we lack sufficient institutions in which to apply it. Although the repeat failures of the U.N. Security Council have eroded our faith in the post–World War II system of collective security, other multilateral, regional, and domestic institutions have—to a certain extent—stepped in to fill the breach. This multilateral paralysis has thus spurred creative thinking about new jurisdictional theories, generated multiple and varied institutional proposals, and re-enlivened the principle of universal jurisdiction after a period of decline. The enhanced sophistication of international crimes documentation ensures that future transitional justice efforts will have the evidence needed to hold those most responsible for abuses to account. While the many accountability proposals have yet to bear fruit, it is now clear that they suffer from no legal impediments; all that is needed is the political will and resources to bring them to fruition. All of these developments are the work of an epistemic community of justice entrepreneurs—representing multilateral institutions, sovereign nations, and global civil society—who refuse to take “no” for an answer.

2015 ◽  
Vol 33 (1) ◽  
pp. 1-15
Author(s):  
Henrietta Bannerman

John Cranko's dramatic and theatrically powerful Antigone (1959) disappeared from the ballet repertory in 1966 and this essay calls for a reappraisal and restaging of the work for 21st century audiences. Created in a post-World War II environment, and in the wake of appearances in London by the Martha Graham Company and Jerome Robbins’ Ballets USA, I point to American influences in Cranko's choreography. However, the discussion of the Greek-themed Antigone involves detailed consideration of the relationship between the ballet and the ancient dramas which inspired it, especially as the programme notes accompanying performances emphasised its Sophoclean source but failed to recognise that Cranko mainly based his ballet on an early play by Jean Racine. As Antigone derives from tragic drama, the essay investigates catharsis, one of the many principles that Aristotle delineated in the Poetics. This well-known effect is produced by Greek tragedies but the critics of the era complained about its lack in Cranko's ballet – views which I challenge. There is also an investigation of the role of Antigone, both in the play and in the ballet, and since Cranko created the role for Svetlana Beriosova, I reflect on memories of Beriosova's interpretation supported by more recent viewings of Edmée Wood's 1959 film.


Author(s):  
Amanda L. Tyler

The experience of World War II and the precedent of the Japanese American internment dramatically altered the political and legal landscape surrounding habeas corpus and suspension. This chapter discusses Congress’s enactment of the Emergency Detention Act of 1950 along with its repeal in 1971. It further explores how in the wake of the terrorist attacks of September 11, 2001, questions over the scope of executive authority to detain prisoners in wartime arose anew. Specifically, this chapter explores the Supreme Court’s sanctioning of the concept of the “citizen-enemy combatant” in its 2004 decision in Hamdi v. Rumsfeld and evaluates Hamdi against historical precedents. Finally, the chapter explores how Hamdi established the basis for an expansion of the reach of the Suspension Clause in other respects—specifically, to the U.S. Naval Base at Guantanamo Bay, Cuba.


1953 ◽  
Vol 5 (2) ◽  
pp. 133-167
Author(s):  
S. Bernard

The advent of a new administration in the United States and the passage of seven years since the end of World War II make it appropriate to review the political situation which has developed in Europe during that period and to ask what choices now are open to the West in its relations with the Soviet Union.The end of World War II found Europe torn between conflicting conceptions of international politics and of the goals that its members should seek. The democratic powers, led by the United States, viewed the world in traditional, Western, terms. The major problem, as they saw it, was one of working out a moral and legal order to which all powers could subscribe, and in which they would live. Quite independently of the environment, they assumed that one political order was both more practicable and more desirable than some other, and that their policies should be directed toward its attainment.


2018 ◽  
Vol 28 (4) ◽  
pp. 372-390 ◽  
Author(s):  
Susanne Karstedt

The reentry of sentenced perpetrators of atrocity crimes is part and parcel of the pursuit of international and transitional justice. As men and women sentenced for war crimes, crimes against humanity and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the other tribunals return from prisons into society and communities questions arise as to the impact their reentry has on deeply divided postconflict societies, in particular on victim groups. Contemporary international tribunals and courts mostly do not have penal or correctional policies of their own, and the legacy of early release, commuting of sentences and amnesties that Nuremberg and other post-World War II tribunals have left, is a particularly problematic one. Germany’s historical experience provides an analytic blueprint for understanding in which ways contemporary perpetrators return into changed and still fragile societies. This comparative analysis between Nuremberg and the ICTY is based on two data sets including information on returning war criminals sentenced in both tribunals. The comparative analysis focuses on four themes: politics of reentry, admission of guilt and justification, memoirs, and political activism.


2019 ◽  
pp. 33-50
Author(s):  
Edyta Kahl

The problems discussed in the article concern the educational policy in Poland in the first years after World War II (1944-1948). The article presents the educational concepts and postulates of different political fractions and teachers’ circles, which already before the end of the War had formulated their own educational programmes. The discussions about the shape of the post-war educational system, particularly the organization of schools, the school structure, the ideological foundations, the syllabus, school handbooks and teachers’ training, were carried out, among others, between the representatives of the National Democrats, Christian-national groups, political parties, teachers’ organizations and school administration. Their attitudes to many problems varied considerably, and thus, the situation required social debate and confrontation of opinions. The quality of those discussions, the style in which the educational problems were solved as well as the direction of the structural and ideological transformations in the post-war educational system, were significantly influenced by the geopolitical post-war conditions and a strong position of the Left, consolidated by the Soviets, in the policy of the Polish state. In the expansive struggle for the political leadership in Poland, the Left used different forms of pressure and terror in order to eliminate the opposition. To achieve social legitimization for its pseudo-democratic activities, the Left undertook attempts to encourage other groups to co-operate. Particularly, the communists tried to attract cultural elites, including teachers, who they wanted to use to start the process of rebuilding social consciousness according to the rules of the ideology of Marxism and Leninism. These monopolistic ambitions, in the first years after World War II, were reflected in the destruction of the underground state and the development of administrative structures of the totalitarian system. As far as the educational system is concerned, the policy of the Left was manifested in more and more apparent actions taken to subordinate school to the communists’ interests, thus including education into the process of the transformation of the political system. All those activities, were part of the phenomenon of structural Sovietization, formed the foundations for the ideological offensive, planned by the communists and conducted on a massive scale after the formation, in 1948, of the monopolistic Stalinian party - PZPR (Polish United Workers’ Party).


2009 ◽  
Vol 24 (1) ◽  
pp. 116-158 ◽  
Author(s):  
Ana Antic

This article analyzes how the ideological discourse of the Croatian fascist movement (the Ustaša) evolved in the course of World War II under pressures of the increasingly popular and powerful communist armed resistance. It explores and interprets the way the regime formulated its ideological responses to the political/ideological challenge of the leftist guerrilla and its propaganda in the period after the proclamation of the Ustaša Independent State of Croatia in 1941 until the end of the war. The author demonstrates that the regime, faced with its own political weakness and inability to maintain authority, shaped its rhetoric and ideological self-definition in a direct dialogue with the Marxist discourse of the communist propaganda, incorporating important Marxist concepts in its theory of state and society and redefining its concepts of national boundaries and racial identity to match the communists’ propaganda of inclusive, civic national Yugoslavism. This massive ideological renegotiation of the movement’s basic tenets and its consequent leftward shift reflected a change in an opposite direction from the one commonly encountered in narratives of other fascisms’ ideological evolution paths (most notably in Italy and Germany): as the movement became a regime, the Ustaša transformed from its initial conservatism, traditionalism (in both sociopolitical and cultural matters), pseudo-feudal worldview of peasant worship and antiurbanism, anti-Semitism, and rigid racialism in relation to nation and state into an ideology of increasingly inclusive, culture-based, and nonethnic nationalism and with an exceptionally strong leftist rhetoric of social welfare, class struggle, and the rights of the working class.


2018 ◽  
Vol 49 (5) ◽  
pp. 327-344 ◽  
Author(s):  
Sarah Federman

Mass atrocity requires the participation of numerous individuals and groups, yet only a few find themselves held accountable. How are these few selected? This article offers a framework that is useful for understanding how the condemned often embody attributes that keep them in the spotlight. Because norms used to identify perpetrators can set the context for future violence, long-term security requires interrupting both the actions of perpetrators and the discourses about them. A form of praxis, this study of the contemporary conflict over the French National Railways’ (SNCF) amends-making for its World War II transport of deportees towards death camps considers how certain perpetrators come to stand for the many. The SNCF remains in the spotlight not because of greater culpability or an unwillingness to make amends but because it embodies attributes of an ‘ideal’ perpetrator: it is (1) strong, (2) abstractable, (3) representative of the nature of the crime, and (4) has a champion-opponent who focuses attention on the perpetrator. Understanding the labeling process makes visible who and what we ignore at our own peril.


2021 ◽  
Vol 27 (2) ◽  
pp. 82-90
Author(s):  
Boris Valentinovich Petelin ◽  
Vladilena Vadimovna Vorobeva

In the political circles of European countries attempts to reformat the history of World War II has been continuing. Poland is particularly active; there at the official level, as well as in the articles and in the speeches of politicians, political scientists and historians crude attacks against Russia for its commitment to objective assessments of the military past are allowed. Though, as the authors of this article mention, Russian politicians have not always been consistent in evaluation of Soviet-Polish relationships, hoping to reach a certain compromise. If there were any objections, they were mostly unconvincing. Obviously, as the article points, some statements and speeches are not without emotional colouring that is characteristic, when expressing mutual claims. However, the deliberate falsification of historical facts and evidence, from whatever side it occurs, does not meet the interests of the Polish and Russian peoples, in whose memory the heroes of the Red Army and the Polish Resistance have lived and will live. The authors point in the conclusions that it is hard to achieve mutual respect to key problems of World War II because of the overlay of the 18th – 19th centuries, connected with the “partitions of Poland”, the existence of the “Kingdom of Poland” as part of the Russian Empire, Soviet-Polish War of 1920. There can be only one way out, as many Russian and Polish scientists believe – to understand the complex twists and turns of Russo-Polish history, relying on the documents. Otherwise, the number of pseudoscientific, dishonest interpretations will grow.


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