The Gendered Dimensions of Conflict's Aftermath: A Victim-Centered Approach to Compensation

2006 ◽  
Vol 20 (2) ◽  
pp. 171-192 ◽  
Author(s):  
Sara L. Zeigler ◽  
Gregory Gilbert Gunderson
Keyword(s):  
Armed Conflict ◽  
International Security ◽  
Well Being ◽  
War Crimes ◽  
Security Studies ◽  
Limited Evidence ◽  
Post Conflict ◽  
The People ◽  
The Face ◽  
War Crimes Tribunals

Although international security studies tend to focus on the nature of armed conflict and how nations fare in the face of such conflicts, our attention has been drawn to the challenge of managing the peace. Specifically, given the enormity of the damage caused by state-sponsored violence, both in terms of property and in terms of human damage, how can the people of a nation that has served as a battleground be assisted in their recovery from the devastation caused by conflict? Ongoing trauma from armed conflict has peculiarly gendered dimensions and requires solutions that are attentive to those dimensions. Here, we focus on remedies that shift from perpetrator-centered tribunals to victim-centered compensation commissions. Using the United Nations Compensation Commission established to provide restitution to Kuwaiti citizens following the Iraqi invasion as an example, we argue that the restitution model is a more humane and ethical option for managing the aftermath of conflict than war crimes tribunals, which employ a retributive philosophy. Using the limited evidence available on compensation and rebuilding, we make concrete recommendations for an approach to post-conflict adjudication that makes the well-being of victims its top priority.

The “Kouwenhoven” Case

2019 ◽  
Vol 181 ◽  
pp. 568-704
Keyword(s):  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Liability ◽  
Criminal Activity ◽  
War Crimes ◽  
International Criminal Law ◽  
Post Conflict ◽  
Arms Embargo ◽  
Witness Statements

Economics, trade and finance — Economic sanctions — Liberia — UN Security Council Resolutions 1343 (2001) and 1408 (2002) — Implementation of arms embargo under Dutch law — Whether sanctions regime violatedInternational criminal law — Difference between perpetrator and accomplice liability — Complicity in war crimes — Requirement that defendant promoted or facilitated the commission of war crimes — Conditional intent — Whether defendant consciously accepted the probability that war crimes would be committed in connection with his material support — Risk of doing business with a government engaged in international criminal activityInternational criminal law — Evidence — Admissibility and weight of witness statements — Factors relevant to assessing witness statements obtained in post-conflict environment — Coercion of witnesses — Whether inconsistencies in witness statements requiring acquittalInternational criminal law — Circumstances excusing unlawful conduct — National emergency — Whether violations of arms embargo and laws and customs of war justified by right to self-defence under international lawJurisdiction — Universal jurisdiction — War crimes — Prosecution of a Dutch national for offences committed abroad — Whether conduct of investigation by Dutch authorities making prosecution inadmissible — Whether amnesty scheme in Liberia barrier to prosecution — No violation of fair trial rightsWar and armed conflict — Existence of armed conflict — Whether armed conflict international or internal — Limited gap between norms applicable to international versus non-international armed conflict — Whether violations of laws and customs of war giving rise to individual criminal liability under Dutch law — The law of the Netherlands

The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals

2017 ◽  
Vol 63 (2) ◽  
pp. 348-372 ◽  
Author(s):  
Kimi King ◽  
James Meernik
Keyword(s):  
International Criminal ◽  
Theoretical Perspective ◽  
International Criminal Tribunal ◽  
Mass Violence ◽  
Bearing Witness ◽  
Post Conflict ◽  
Adverse Experiences ◽  
The Face ◽  
War Crimes Tribunals ◽  
The Impact

Intersections exist regarding how institutions and individuals respond in the wake of mass violence, and we explore one theoretical perspective: resilience—the ability to overcome in the face of adversity. By controlling for the institutional context, we analyze the microlevel impact of testifying on witnesses who testify. New survey data provide information from 300 prosecution, defence, and Chambers witnesses who appeared at the International Criminal Tribunal for the Former Yugoslavia. We test propositions about resilience related to trauma, motivations, contributions to justice, fair treatment, witness fatigue, and human security. Witnesses who experienced greater trauma, who were more highly motivated, who believed they contributed to justice, and who were satisfied with their current situation were more positive about testifying. Those who believed they were treated fairly by prosecution and defence were less negative. The findings add to the debate about the burden of bearing witness in post-conflict societies and why some overcome adverse experiences related to mass violence.

Conclusion

2017 ◽  
Author(s):  
Fred L. Borch
Keyword(s):  
The Netherlands ◽  
Armed Conflict ◽  
War Crimes ◽  
East Indies ◽  
Netherlands East Indies ◽  
The Law ◽  
War Crimes Tribunals ◽  
The Impact

The Dutch convened military tribunals, and prosecuted those responsible for war crimes during the occupation of the Netherlands East Indies, for one reason: To punish those who had murdered, tortured, and otherwise brutally mistreated the Dutch, Eurasian, Chinese, Indian, Malay, and Indonesian citizens of the colony. This chapter looks at the impact of the trials on Indonesia (and Indonesians) and on the Netherlands. It briefly discusses how war crimes committed by Dutch Army forces against Indonesians between 1946 and 1949 undermined the legitimacy of the war crimes tribunals in the eyes of some Indonesians. The chapter concludes by looking the influence of the temporary courts-martial proceedings on the development of the law of international armed conflict.

The Pathological Optimist: One Man's Vision for Palestinian Well-Being

2016 ◽  
Vol 45 (2) ◽  
pp. 109-119
Author(s):  
Paul Gaston Aaron
Keyword(s):  
Gaza Strip ◽  
Well Being ◽  
State Violence ◽  
The People ◽  
Short Biography ◽  
Collective Resistance ◽  
Long Time ◽  
The Face ◽  
The Gaza Strip ◽  
Formative Experiences

This short biography of Dr. Eyad El Sarraj, the founder of the Gaza Community Mental Health Programme, describes his formative experiences under Israeli occupation, his education, and his professional life, including interactions with Palestinian and Israeli colleagues. El Sarraj's vision of collective resistance, his stubborn ‘pathological optimism,’ and his devotion to the dignity and well-being of his patients and the people of the Gaza Strip in the face of unrelenting Israeli state violence are colorfully described by his colleague and long-time friend Paul Aaron.

scholarly journals Necessity of Technical and Vocational Education for Conflict Victims

2015 ◽  
Vol 1 ◽  
pp. 27-32
Author(s):  
Shree Prasad Devkota
Keyword(s):  
Human Rights ◽  
Vocational Education ◽  
Armed Conflict ◽  
Program Design ◽  
Training And Development ◽  
Best Interests ◽  
Related Literature ◽  
Post Conflict ◽  
The People ◽  
The Impact

This paper explores the impact of ten years armed conflict on Nepalese People, analyzing how these people are coping the situation in post conflict. Some international practices for conflict victim’s related literature are also presented here. It then considers the forms of reparation and how human rights principles, particularly those regarding the best interests and evolving capacities of the people can help guide program design through TVET program. Ultimately, this analysis shows that people-oriented reparations should be tailored to people’s particular vulnerabilities, needs, and circumstances.DOI: http://dx.doi.org/10.3126/jtd.v1i0.13087 Journal of Training and Development Vol.1 2015: 27-32

scholarly journals COVID-19 and Emotional Variables in a Sample of Chileans

2021 ◽  
Vol 12 ◽  
Author(s):  
Mariela González-Tovar ◽  
Sergio Hernández-Rodríguez
Keyword(s):  
Online Survey ◽  
Well Being ◽  
Emotional Disturbances ◽  
Emotional Expressiveness ◽  
Daily Stressors ◽  
The People ◽  
Final Sample ◽  
The Face ◽  
Emotional Aspects ◽  
Expression Of Emotions

IntroductionDuring the Coronavirus (COVID-19) pandemic, a set of daily stressors are being experienced, all this affects people’s mental health, leading them to have a set of emotional disturbances. Little is known about how people’s age can influence their emotional well-being in the face of prolonged stress generate by the pandemic.ObjectiveTo clarify the presence of emotional aspects such as emotional expressiveness and the frequency of positive and negative affections in people with different age in times of crisis.MethodsThe final sample included 297 Chileans between 22 and 68 years old (M = 38.51, SD = 13.85), recruited through an online survey with the appropriate written informed consent. The study was carried out when the pandemic was spreading in Chile.ResultsThe findings revealed age differences in emotional expressivity and the type of affections experienced. The expression of emotions was more affected by negative affections, the age and the gender of the people. While the avoidance of this emotional expression, by age and affections both positive and negative. Age was a significant predictor of emotional expressiveness.DiscussionFindings suggests that the associations between both variables, varied according to the age group of the people. Furthermore, this finding proposes that although older people are facing the persistent and serious threat of COVID-19, they show better emotional functioning. Which would help to better understand the interaction of both positive and negative life experiences in times of crisis.

scholarly journals European Partnership for Promoting Mental Health at School – Opportunity for Teachers Personal and Professional Development

2021 ◽  
pp. 139-154
Author(s):  
Aurora Adina Colomeischi ◽  
Keyword(s):  
Self Regulation ◽  
Well Being ◽  
Global Dimension ◽  
Shared Vision ◽  
Living Environment ◽  
The People ◽  
The Future ◽  
The Face ◽  
Societal Problems ◽  
Future Of Education

Considering the actual living environment on the global dimension as being extremely challenging, life giving to each person many occasions of confronting with difficulties but in the same time giving each one the opportunity to find solutions, to strive and to develop and flourish, the large community of thinkers and educational politicians bring out the idea of a specific education for the 21st century. It is already known that the future is uncertain and it can’t be predicted. The people need to be open mind and to be ready for it. But a question arises: How the new generation could be ready for a future which can’t be predicted? In a position paper E2030 an international group of specialists try to offer an answer to these complexity of an unpredictable future (OECD, 2018): students will need to develop curiosity, imagination, resilience and self-regulation; they will need to respect and appreciate the ideas, perspectives and values of others; and they will need to cope with failure and rejection, and to move forward in the face of adversity; their motivation will be more than getting a good job and a high income; they will also need to care about the well-being of their friends and families, their communities and the planet. The Organization for Economic Co-operation and Development (OECD) has launched The Future of Education and Skills 2030 project (2018) which is trying to find answers at least for two main questions: 1) What knowledge, skills, attitudes and values will today’s students need to thrive and shape their world? 2) How can instructional systems develop these knowledge, skills, attitudes and values effectively? Education 2030 shared vision states that in an era characterized by a new explosion of scientific knowledge and a growing array of complex societal problems, it is appropriate that curricula should continue to evolve, perhaps in radical ways.(OECD, 2018)

Refusing refuge

Race & Class ◽  
2017 ◽  
Vol 59 (3) ◽  
pp. 98-105 ◽  
Author(s):  
Frances Webber
Keyword(s):  
World Bank ◽  
Second World War ◽  
World War ◽  
Host Countries ◽  
Post Conflict ◽  
The People ◽  
The Face ◽  
Exclusionary Policies ◽  
Economic Zones ◽  
Second World

In the face of the worst refugee crisis since the second world war, the leaders of Europe are slamming the doors, enacting exclusionary policies which daily become more brutal. The controversial book Refuge by Collier (ex-World Bank) and Betts (academic in refugee studies) provides, according to the reviewer, their moral justification. Collier and Betts argue that allowing refugees into Europe is wrong and counter-productive, denying states in conflict the people they will need to rebuild post-conflict, and that refugees’ need for dignity and autonomy is best met by extending special economic zones in nearby host countries to provide opportunities for work.

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