Epilogue

Author(s):  
Matthew Pettway

On June 20, 1844, Spanish authorities executed Plácido in Matanzas before a firing squad. The military tribunal ordered that Plácido be shot in the back as the chief architect, recruiter, and instigator of “the conspiracy devised by the people of color in this city, for the extermination of the white population of the island.”...

1961 ◽  
Vol 55 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Guenter Lewy

When Francis Gary Powers was asked by the presiding judge of the Soviet military tribunal trying him for espionage whether he had not considered the possibility that his U-2 flight might provoke armed conflict, the captured pilot answered, “The people who sent me should think of these things. My job was to carry out orders. I do not think it was my responsibility to make such decisions.” This article deals with a similar problem, a predicament which to this day, fortunately, has remained hypothetical, but which may become distressingly real at some time in the future. It concerns the unenviable position of the military subordinate commanded to use nuclear weapons, who may be punished today if he disobeys and prosecuted tomorrow if he obeys. The discussion initially evolves around three issues in international law: (1) the validity of the plea of superior orders as a defense in war crimes trials; (2) the question of the legality of using nuclear weapons; and (3) the present status and future of the law of war. That these problem areas are intimately related should become clear as we proceed.The disregard for humanitarian and moral considerations which has increasingly characterized the conduct of war in the twentieth century, and, more recently, the development of nuclear weapons—the tools of mass extermination par excellence—have led many students of international law to conclude that the laws of war are dead. Grotius' doctrine of the temperamenta belli, requiring belligerents to conduct hostilities with regard for the principles of humanity and chivalry, as well as the many conventions drawn up prior to World War I in order to regulate the use of violence, are said to have become largely obsolete.


2011 ◽  
Vol 70 (1) ◽  
pp. 7-39
Author(s):  
Jos Monballyu

Indien men de geschiedenis van de strafrechtelijke repressie van het Vlaamse activisme na de Eerste Wereldoorlog ten gronde wil bestuderen, moet men niet alleen de parlementaire verklaringen, de gerechtelijke statistieken en de kranten omrent die repressie raadplegen, maar vooral de gerechtelijke archieven uitpluizen die deze repressie heeft nagelaten. In dit artikel wordt dit voor de eerste keer gedaan voor de Vlaamse activisten die door de krijgsraad van het Groot Hoofdkwartier van het Leger werden veroordeeld. Die krijgsraad te velde kreeg tussen 19 november 1918 en 13 mei 1919 het monopolie van de bestraffing van zowel burgeractivisten als militaire activisten en behield dit monopolie tussen 14 mei 1919 en 30 september 1919 voor de militaire activisten. Na deze laatste datum werden de Vlaamse burgeractivisten vervolgd voor de provinciale Assisenhoven en de militaire activisten voor de provinciale krijgsraden.Het krijgsauditoraat van het Groot Hoofdkwartier vervolgde uiteindelijk 689 gewone burgers en 105 militairen voor (Vlaams en Waals) activisme (inbreuk op artikel 104, 115, lid 5 en 118bis van het Belgische strafwetboek). Hiervan moesten er zich uiteindelijk slechts drieëndertig Vlamingen (26 burgers en 7 militairen) verantwoorden voor de krijgsraad van het Groot Hoofdkwartier. Vier van hen werden vrijgesproken en negenentwintig tot een straf veroordeeld. De hoogste straf was een doodstraf, die in hoger beroep werd omgezet in een buitengewone hechtenis van twintig jaar. De laagste straf bestond uit een gevangenisstraf van twee jaar. Onder de veroordeelde burgers waren er twee die deel hadden uitgemaakt van de tweede Raad van Vlaanderen en twee die de Duitsers hadden benoemd in de door hen opgerichte Vlaamse administratie. Alle andere waren plaatselijke propagandisten van het Vlaamse activisme. De zeven militairen waren allen verdacht van activisme in het bezette België tijdens de zes laatste maanden van de oorlog. Drie van hen waren vanuit het Frontgebied naar het bezette gebied overgelopen en drie andere genoten van een vervroegde terugkeer uit een krijgsgevangenenkamp in Duitsland waar ze zich ook al maanden voor de Vlaamse zaak hadden ingezet.________The day of reckoning. Flemish activists court-martialled at the Main Headquarters of the Army (23 January until 30 June 1919)In order to carry out a thorough study of the history of the criminal repression of Flemish activism after the First World War, you need to consult not only the parliamentary declarations, the legal statistics and the newspapers on the subject, but more in particular research the court records reporting on that repression. This article is the first to study the Flemish activists who were sentenced by the court-martial at the Main Headquarters of the Army. From 19 November 1918 until 13 May 1919 that field court-martial was given the monopoly of prosecuting both civilian and military activists and it retained this monopoly for the prosecution of military activists between 14 May 1919 and 30 September 1919. After the latter date the Flemish civilian activists were prosecuted by the provincial Assize Courts and the military activists by the provincial court-martials.  Eventually the military tribunal of the Main Headquarters prosecuted 689 civilians and 105 military on the basis of (Flemish and Walloon) activism (infringement of article 104, 115 paragraph 5 and 118bis of the Belgian Criminal Code). Finally only 33 Flemish (26 civilians and 7 military) had to account for their actions in front of the court-martial of the Main Headquarters. Four of them were acquitted and twenty-nine were sentenced. The most severe penalty was a death sentence, which was converted on appeal to an exceptional imprisonment of twenty years. The most lenient penalty was two years imprisonment. Two of the convicted civilians had been part of the Second Council of Flanders and two of them had been appointed by the Germans to be part of the Flemish administration they had established. All the others had been local propagandists of Flemish activism. The seven military had all been suspected of activism in occupied Belgium during the last six months of the war. Three of them had deserted from the Frontline to the occupied territory and three others had been granted an early return from a prisoner of war camp in Germany where they also had dedicated themselves for months to the Flemish cause. 


Author(s):  
Matthew Rendle

This book provides the first detailed account of the role of revolutionary justice in the early Soviet state. Law has often been dismissed by historians as either unimportant after the October Revolution amid the violence and chaos of civil war or even, in the absence of written codes and independent judges, little more than another means of violence. This is particularly true of the most revolutionary aspect of the new justice system, revolutionary tribunals—courts inspired by the French Revolution and established to target counter-revolutionary enemies. This book paints a more complex picture. The Bolsheviks invested a great deal of effort and scarce resources into building an extensive system of tribunals that spread across the country, including into the military and the transport network. At their peak, hundreds of tribunals heard hundreds of thousands of cases every year. Not all ended in harsh sentences: some were dismissed through lack of evidence; others given a wide range of sentences; others still suspended sentences; and instances of early release and amnesty were common. This book, therefore, argues that law played a distinct and multifaceted role for the Bolsheviks. Tribunals stood at the intersection between law and violence, offering various advantages to the Bolsheviks, not least strengthening state control, providing a more effective means of educating the population on counter-revolution, and enabling a more flexible approach to the state’s enemies. All of this adds to our understanding of the early Soviet state and, ultimately, of how the Bolsheviks held on to power.


2020 ◽  
Vol 1 (1) ◽  
pp. 62-69
Author(s):  
Magdalena Ujma

Abstract An analysis of the relationship between Jan III Sobieski and the people he distinguished shows that there were many mutual benefits. Social promotion was more difficult if the candidate for the office did not come from a senatorial family34. It can be assumed that, especially in the case of Atanazy Walenty Miączyński, the economic activity in the Sobieski family was conducive to career development. However, the function of the plenipotentiary was not a necessary condition for this. Not all the people distinguished by Jan III Sobieski achieved the same. More important offices were entrusted primarily to Marek Matczyński. Stanisław Zygmunt Druszkiewicz’s career was definitely less brilliant. Druszkiewicz joined the group of senators thanks to Jan III, and Matczyński and Szczuka received ministerial offices only during the reign of Sobieski. Jan III certainly counted on the ability to manage a team of people acquired by his comrades-in-arms in the course of his military service. However, their other advantage was also important - good orientation in political matters and exerting an appropriate influence on the nobility. The economic basis of the magnate’s power is an issue that requires more extensive research. This issue was primarily of interest to historians dealing with latifundia in the 18th century. This was mainly due to the source material. Latifundial documentation was kept much more regularly in the 18th century than before and is well-organized. The economic activity of the magnate was related not only to the internal organization of landed estates. It cannot be separated from the military, because the goal of the magnate’s life was politics and, very often, also war. Despite its autonomy, the latifundium wasn’t isolated. Despite the existence of the decentralization process of the state, the magnate families remained in contact with the weakening center of the state and influenced changes in its social structure. The actual strength of the magnate family was determined not only by the area of land goods, but above all by their profitability, which depended on several factors: geographic location and natural conditions, the current situation on the economic market, and the management method adopted by the magnate. In the 17th century, crisis phenomena, visible in demography, agricultural and crafts production, money and trade, intensified. In these realities, attempts by Jan III Sobieski to reconstruct the lands destroyed by the war and to introduce military rigor in the management center did not bring the expected results. Sobieski, however, introduced “new people” to the group of senators, who implemented his policy at the sejmiks and the Parliament, participated in military expeditions and managed his property.


1945 ◽  
Vol 39 (1) ◽  
pp. 97-100
Author(s):  
Heinz Guradze

Within the last few years, changes have been carried out in the public administration of Germany which will affect the military government to be established during and after Germany's defeat. Their general trend has been to subordinate state (i.e., Reich, regional, and local) administration to the Party, which has been vested with more and more power. This is of particular interest in the light of the present “total mobilization,” in which the Party plays a dominant part. To some extent, the changes discussed in this note show a definite trend toward decentralization, although there has been no actual delegation of powers to smaller units, since all power remained in the hands of the Party—this being, of course, the reason why the Nazis could afford to “decentralize.” On the local level, the reforms aimed at tying together the loosening bonds between the régime and the people. Only the most recent emergency measures of “total mobilization” are touched on in this note.1. Gauarbeitsaemter. When the Reichsanstalt was created in 1927–28, the Reich was organized in 13 economic regions, each having one regional labor office (Landesarbeitsamt). The idea was to establish large economic districts containing various industries so that a crisis in one industry could be absorbed by the labor market of another within the same district, thus creating “ausgleichsfaehige Bezirke.”


1928 ◽  
Vol 22 (3) ◽  
pp. 591-616
Author(s):  
Charles Fairman

It is not in the least unusual, in newspaper accounts of a strike, riot, flood, or fire, to read that the governor has proclaimed martial law and summoned the militia to the threatened zone. However exaggerated such reports may be, they are evidence of a general belief that there exists some mysterious “martial law” which, when proclaimed, augments the powers of soldiers and paves the way for heroic measures. Nor are these notions wholly fanciful. For such a proclamation may indeed be followed by an extraordinary régime in which the military authority will issue regulations for the conduct of the civil population, troops may be called upon to take life, and perhaps the individuals accused of fomenting trouble will be held without authority of a court, or in some cases may even be tried by a military tribunal. Quite likely these severe measures will receive the approval of public opinion. Yet it is surprising that a people ordinarily rather legalistic should have evinced so little disposition to inquire what rules of law, if any, govern the exercise of these military powers. To answering that unasked query the present study is addressed.


2020 ◽  
pp. 27-45
Author(s):  
Lea Shaver

This chapter describes the book Underpants Dance, which only depicts four white people out of all the thirty characters. However, the book still shows quite a significant underrepresentation of America's diversity. In this story, none of the people of color are important enough to have names. They serve only as a sprinkling of color in the background. The book's settings and events also reflect a distinctly upper-middle-class lifestyle. The chapter further explains that there is nothing wrong with any single children's book being culturally specific to a white, upper-income, American experience. The problem is that this pattern is so strong that children's literature as a whole is systematically less attractive or even alienating to children who do not fit that mold.


2017 ◽  
Vol 14 (2) ◽  
pp. 218-233
Author(s):  
Isaac Matheus Santos Batista ◽  
Marcelo Machado Martins ◽  
Laura Susana DUQUE-ARRAZOLA

Muitas pessoas negras que lutam contra o racismo têm utilizado a internet como um meio para exercer sua cidadania e ativismo político. Um exemplo disso pode ser visto nos posts de transição capilar que são frutos da resistência dos negros contra o padrão de beleza hegemônico que privilegia o branco. Neste trabalho, analisamos como se dá a geração de sentido do discurso de um post do Facebook que mostra o resultado da transição capilar feita por uma pessoa negra. Por meio da semiótica discursiva, compreendemos que esse post de transição capilar apresenta uma valorização da negritude, ao dar um novo significado, agora positivo, às origens e aos traços físicos dos negros. Além disso, percebe-se que o discurso presente no ambiente virtual se impõe para o mundo material, pois o post também visa manipular os outros a valorizarem e aceitarem os traços diacríticos da raça negra.+++++Many people of color who struggle against racism have used internet as a means to exercise their citizenship and political activism. One example of this is the capillary transition Facebook status and posts that are a result of the black resistance against the white standard of beauty. In this paper, we will analyze the generation of meaning of the discourse of a Facebook status that shows the results of a capillary transition made by a person of color. Using the discursive semiotics, we comprehended that this status presents a valuation of blackness, by giving a new meaning, this time positive, to the origins and to the phenotypes of the people of color. Furthermore, we noticed that the discourse on the virtual environmentimposes itself out to the material world, because this status also aims to manipulate others topositively value and accept the diacritic features of the black race.


Author(s):  
Hongjie Wang

This essay examines notorious crimes perpetrated by the military men during the chaotic Five Dynasties and Ten States period (907–979) based on both official histories and biji筆記‎ accounts. Rapidly shifting political rule, contested boundaries, an excessively premium on martial values, and tensions between the military (wu武‎) and the civil (wen文‎) all contributed to the violence and instability of the day. The unending wars and volatile politics fostered an environment wherein a widespread contempt for human life became commonplace, particularly among the military men who rose to power through combat and slaughter.


Author(s):  
Amy Murrell Taylor

This chapter focuses on the relationship between race and space—between competing ideas for how people of different races should reside spatially—by looking at the Union army’s various attempts to remove refugees en masse. These removals attempted to resettle the people in places far removed from active combat, including northern states, islands in the Mississippi River, and even Haiti. Some of these efforts bore a great deal of resemblance to antebellum colonization plans, and, as in those cases, black men and women in the Civil War largely resisted being sent away. Most of the removals were justified by white officials in environmental terms, driven by racial ideologies that linked particular climates and landscapes to people of color. The chapter also argues that removals were sometimes triggered by concerns about gender and sex too—by beliefs that the physical proximity of black women and white men in military encampments had made rape inevitable.


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