Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence

¹Despite the proliferation of trauma and memory research inrecent years, we know very little about the contribution oftransitional justice mechanisms to psychological healing andsocietal reconciliation in the aftermath of genocide, armedconflict and politicized violence. Many scholars in this areahave argued that the disclosure of traumatic experiences isbeneficial to the psychological recovery process for survivorsof gross human rights violations. This article critically examinesthis therapeutic assumption within a transitional justice paradigm.The article explores the potentials and limitations of internationalwar crimes trials for victims of wartime sexual violence, focusingspecifically on the International Criminal Tribunal for theformer Yugoslavia (ICTY). The article provides a theoreticalframework for analyzing the significance of testimony at internationalwar crimes trials and raises some critical questions relatedto the psychological impact of trials. It is argued that dueto the sheer diversity and heterogeneity of wartime rape victims,the experience of giving testimony is likely to be mixed: whilesome victims may suffer under the constraints of legal process,under the right circumstances, war crimes trials may help othersto make sense of their suffering.     

Victimization,rent-seeking and just compensation

When should government compensate citizens for harm inflicted by public policy? In practice, all public policy is harmful to somebody, even when it is beneficial to society as a whole. The common view in the legal profession is that a fuzzy but serviceable line can be drawn between “taking” which should be compensated and the proper exercise of the “policy power” where no compensation is warranted. Recently this view has been challenged by some authors who argue that harm to victims of socially-advantageous public policy should never be compensated, and by others who argue that compensation is almost always warranted. The latter would go so far as to proscribe all redistribution of income as a “taking” from the well-to-do. This paper is a defense of the common view against both challenges. The key to the problem is the distinction between unalterable risk and the risk of victimization of citizens by the government, giving rise to rent-seeking and a general disorganization of society.     

The theme of indivisibility in the post-war struggle against prejudice in the United States

Whitfield's essay seeks to identify and explain a tendency that emerged in the United States in the 1940s and extended through the 1950s. It was then that a notion became commonplace, especially among liberals, that the victims of prejudice were interchangeable and that bigotry was undifferentiated. Before the 1940s, the problem of prejudice was not widely believed to be urgent; but the war against the Third Reich heightened awareness of the price of an irrational hostility to minorities. American liberals in particular came to the understanding that bigotry was indivisible; and, for its objects, the cards of identity could easily be shuffled. Whether the victims were Jews or Negroes or homosexuals, the hatred that they elicited appeared to be formed without making any distinctions among them. Evidence can be found in the culture of those two decades, in novels, plays and films. The unitary view of the character of prejudice had some support in social science, including in the authoritative volume The Authoritarian Personality. The theory would also be reflected in a major shift in the agenda of Jewish civil rights organizations, which redefined their mission as promoting the democratic rights of all minorities rather than the particular interests of American Jews. This distinctive tendency vanished in the 1960s, however. One reason for the change was a fuller appreciation of the hostility that minorities could harbour towards other minorities. The realization also deepened of the singular vulnerability of black Americans under the pressure of racism, which demonstrated a tenacity as well as a proclivity for violence that had been largely absent from other forms of bigotry. Finally, a broader legitimation of difference itself emerged in the 1960s to bury the notion that minorities were fungible.     

Diagnostic criteria for postbullying disorder: A phenomenological research design of bullying victims

This study aimed to investigate the diagnostic criteria for postbullying disorder, which enable the persons who provide therapy services for bullying victims, because until now, there are no criteria to help clinicians diagnose postbullying disorder. This study employed phenomenological research design. Purposive sampling was adopted to sample six university students who are experiencing the bullying behavior from their colleagues in the university campus. The results revealed that there are eight criteria for diagnosing postbullying disorder among victims. These are trauma exposure, symptoms of penetration, avoidance, perception and negative emotions, self‐destructive behavior, dysfunction due to symptoms, duration (1 month or more) of symptoms, and the criteria that the bullying symptoms cannot be attributed to the use of substances or drugs of another medical conditions. Results shed new light on the diagnostic criteria for postbullying disorder and proved the usefulness of these criteria in understanding the development of the postbullying symptoms among victims. These findings enable schools and universities to plan psychotherapy interventions for victims.     

Victims’ Rights and Distributive Justice: In Search of Actors

The aim of this article is to discuss the role that victim groups and organizations may have in framing and supporting an accountability agenda, as well as their potential for endorsing a distributive justice agenda. The article explores two empirical cases where victims' rights have been introduced and applied by victim organizations to promote accountability—Colombia and Peru. It will be argued that if transitional justice in general and victim reparations in particular are to embark in a quest for distributive justice, it cannot do so without considering victims as political actors, and putting forward demands in terms of victims’ rights.     

Ethnic Citizenship in the Slovenian State

This article presents some crucial and typical experiences of people who were erased from the Registry of Permanent Residents of the Republic of Slovenia in 1992. In the process of forming the new Slovenian state in 1991 (after the collapse of former Yugoslavia), the body of citizens was newly defined according to the principle of ius sanguinis. This means that ethnic Slovenians who until then were Yugoslav citizens automatically became Slovenian citizens. Permanent residents of Slovenia who ethnically originated in other republics of former Yugoslavia had to file an application to acquire Slovenian citizenship based on Article 40 of the Citizenship of the Republic of Slovenia Act. Approximately 0.9% of Slovenia's population (18,305 people) did not succeed in obtaining Slovenian citizenship because either they did not file an application or their application was rejected. These people were erased from the Registry of Permanent Residents by the Ministry of Internal Affairs on 26 February 1992. The Ministry carried out this secret erasure without any legal basis. The Aliens Act entered into force for the erased which then annulled all their previously acquired rights; legally and formally they were made equivalent to migrants who cross borders illegally. Thus, the people erased from the Registry of Permanent Residents were suddenly left without any rights: the right to a residence in Slovenia (in their homes with their families), the right to cross the state borders, and all other economic, social and political rights. The implementation of the erasure concerns the suspension of basic human rights, the annulment of the principles of a legal state and the production of redundant people. The author argues that the erasure from the Registry of Permanent Residents is constitutive of Slovenian citizenship: the erasure established certain power relations in society and a certain type of democracy.     

Human Rights Politics and Injustice: Transitional Justice in Argentina and South Africa

Transitional justice is about the recovery of the rule of lawand justice after mass violence. In the recent history of Argentinaand South Africa, human rights politics have played an importantrole in the transition from repression to democracy as a discourseof resistance to state repression and as a framework and methodologyfor the successor state to manage demands for justice and promotereconciliation. Post-transition, they have provided a standardfor the accountability of state institutions and evaluationof the democratic government's performance. In this article,we explore the roles of victims, survivors and relatives inthe expansion of human rights politics. We argue that victimsrepresent their suffering as embodied injustice and make theirvictim identity the focus of efforts to recover a moral contractbetween state and citizens. The expansion of human rights politicsto include social and economic rights is an expression of thelimits of transitional justice in recovering full citizenshipin the context of the neo-liberal democratic project in Argentinaand South Africa.     

论宪法的基本功能

宪法的功能是宪法价值的体现.宪法是对公民权利和国家权力进行合理配置的分权法.保障人权和实现有限政府是宪法的基本功能.宪法司法化是宪法基本功能得以发挥的重要保障.     

Dynamics of Social Policy Change: A Korean Case Study from a Comparative Perspective

Most of the existing literature on dynamics of social policy change was developed against the background of the Western liberal democratic political regimes. This study examines the application of these existing studies to the experience of the East Asian newly industrialized countries. Special attention is paid to two social policy problems of South Korea—the problems of low wage levels and compensation for pollution victims. Because of authoritarian government and a strongly autonomous state, the Korean cases show a pattern of policy changes primarily driven by a particular set of interests—the state elites' perceived political survival needs and their reputation in international society, with environmental factors and policy legacies playing a supplementary role. Also, in spite of state elites' reluctance to adopt social policy measures, the Korean cases show a pattern of policy developments away from the residual towards the institutional model. The results of this study suggest that, despite some differences between the social policy systems of the East Asian countries, the existing literature on social policy change has considerable potential for application to those countries. At the same time, however, the literature has a limited capacity for fully accommodating the East Asian experience, which stimulates political scientists to develop generalizations in a wider international context.     

Multiple imaginations of the state: understanding a mobile conflict about justice and accountability from the perspective of Assyrian–Syriac communities

This article examines how the struggle for the recognition of genocide in the twentieth century opens up a political space which, on the one hand, generates historical discourses and imaginaries about the categories of victim and perpetrator and, on the other hand, redefines relationships between the state and its minority citizens. Genocide becomes a ‘critical event’, in the sense of Veena Das, that citizens from different ethnic, social and religious backgrounds use to express their positions concerning the repressive state practices they have been victims of. This expression creates a collective space of solidarity where parties support each other by adopting similar strategies in the struggle for state accountability. At the same time, it opens up a space for negotiation among the state, minority citizens and migrant communities regarding claims to rights and justice.     

Strength and Commitment of the State: It Takes Two to Tango – A Case Study of Economic Reforms in Argentina in the 1990s

This paper addresses the question of why radical economicreforms became a reality in Argentina in the 1990s byconcentrating on the political andinstitutional dimensions of economic policy reform. Itpresents a framework for analyzing the determinants ofthe quality of economic institutions, notably thepolitical commitment of the state to provide propertyand contract rights, and its administrative capacity(``strength'') in implementing them. The framework isapplied to Argentina under the government of presidentCarlos Menem. The results of an empirical analysisclearly show an improvement in institutional quality,the state strength and commitment during Menem's firstterm. In turn, during his second term, the indicatorsshow ongoing signs of decline. Considering theprospects for Argentina in the near future,deficiencies of commitment with regard to democraticcontrol mechanisms represent a permanent threat tothe economic reforms realized so far.     

Why education matters: school ‘choice’ and differing views on citizenship in Pakistan

This article discusses young Pakistanis' self-articulation of their relationship with the state, focusing in particular on the perceptions held by those aged between 15 and 25 and who are in education. The research used a mixed methods approach. Data were collected in 6 private, 11 philanthropic and 3 government schools as well as 2 madrassas and 5 universities in urban, semi-urban and rural areas in Punjab, Sindh and Balochistan. A questionnaire with qualitative and quantitative sections was distributed to class 10 students and over 1000 questionnaires were returned. The research found, on aggregate response, that there is a high sense of belonging to the nation, yet paradoxically also a high sense of alienation with regard to the state. Whilst most of those surveyed professed awareness of their rights and duties, the youth was seen by the same respondents as mostly ignorant of these. The factor that caused the greatest variation was the type of school attended where responses and attitudes regarding the state, rights, responsibilities and citizenship differed markedly. This article discusses how this school ‘choice’ is linked with particular perceptions of citizenship by looking beyond class and problematising the relationship between education and the perceptions of the state.     

Flawed attacks on contemporary human rights: Laudan,Sunstein, and the cost-benefit state

After giving a brief account of human rights, the paper investigates five contemporary attacks on them. All of the attacks come from two contemporary proponents of the cost-benefit state, attorney Cass Sunstein and philosopher Larry Laudan. These attacks may be called, respectively, the rationality, objectivity, permission, voluntariness, and comparativism claims. Laudan's and Sunstein's rationality claim (RC) ist that only policy decisions passing cost-benefit tests are rational. Their objectivity presupposition (OP) is that only acute, deterministic threats to life are objective. Sunstein’s permission claim (PC) is that regulators are merely permitted, 3 not required, to take distributive and human rights concerns into account. Sunstein’s 3 voluntariness claim (VC) is that the consent of potential victims is not relevant to government regulations about risks and benefits. Laudan’s comparativism claim 3 (CC) is that there are no rules of thumb, no precomparative norms like human rights, for assessing theory choice in policy science. The paper analyzes each of these claims, shows how they undercut human rights, and argues that each of them errs.     

Profligacy Or Prudence? Changes in Employment and Compensation of State and Local Government Workers

As the 1990s began, state and local governments across the country found themselves in a situation of fiscal stress. That stress has been attributed to several sources. Recently, it has been suggested that governments themselves brought on the fiscal squeeze by their own profligacy —a profligacy rooted in excessive increases in employment and compensation of government workers during the 1980s. After summarizing some arguments presented for and against describing state and local practices of the 1980s as profligate, this article compares its evidence on the growth of employment and compensation and notes some different interpretations. The article concludes that a strong statement of the profligacy position has not been proved.     

People’s Mediation Committees: Bargaining Between Hospitals and Patients

The Chinese government is cautious when it comes to managing bottom-up compensation claims as many collective actions are triggered by failing to address such monetary requests. Thus, the government has delegated the responsibility of dispute resolution and compensation distribution to a bargaining channel called People’s Mediation Committees and its agents, the mediators. However, little systematic evidence exists to explain the rationale for compensation distribution led by the government or the regime’s strategic objectives in pursuing compensation distribution to settle social disputes, especially those disputes between citizens and the government or its agents. Using medical dispute data as a proxy, this article examines the processes and outcomes of mediation in compensation distribution. It finds that People’s Mediation Committees have effectively institutionalized the compensation distribution process, but the outcomes may still be influenced by patients’ tactics and the bargaining power held by hospitals.

     

Advancing Human Rights Policy: Does Grassroots Mobilization and Community Dispute Resolution Matter? Insights from Chiapas,Mexico

This research examines the impact of grassroots organizing at the community level in Chiapas, Mexico, to address problems associated with human rights advocacy and implementation. Traditionally, the nation‐state has had the primary responsibility to address issues pertaining to human rights violations and the enforcement of international human rights principles and treaties. Local political struggles and acts of resistance by disenfranchised groups in Mexico offer insight to understand the impact of indigenous and other social movements in furthering human rights. Indigenous populations in the state of Chiapas use local community dispute resolution to contest the inadequacy of the state in responding to the problems that give rise to poverty, lack of human dignity, educational access, racial and ethnic discrimination, lack of political participation in government and the right to equality in economic, social, and political sectors. Drawing from research based on participant observations in Chiapas, Mexico, there is some evidence to suggest that since the 1994 EZLN (Zapatista National Liberation Army) uprising several micro‐level political and social movements have contested the power of the state through symbolic and pragmatic organizing efforts. These groups include, but are not limited to, nongovernmental organizations (NGOs), women's groups, and indigenous groups. After the Zapatista uprising, these groups were instrumental in making claims against the state through numerous activities: protests to end the war, the development of NGOs to observe human rights violations, civilian‐based Zapatista support groups (base de apoyo), peace camps, and open dialogue with the EZLN. I argue that collective mobilization in local communities serves both symbolic and pragmatic efforts in helping disenfranchised groups empower themselves to address economic, social, and political inequality. Local‐level activism has fueled a sense of self‐empowerment to change state institutional responses and to involve sectors of civil society domestically and internationally to initiate a proper resolution of issues that are fundamentally related to human rights.     

Citizenship practices of non-citizens in Slovenia: ‘you cannot fight the system alone’

In the period of state formation (1991–1992), the Slovene Ministry of the Interior erased, that is, excluded from legal status, those immigrants from other parts of the former Yugoslavia who did not become Slovene citizens when citizenship was available under initial simplified criteria. Compared with the processes of independence in Estonia and elsewhere, exclusion in the form of erasure from the register of permanent residents in Slovenia extended beyond the creation of foreigners within the country (i.e. foreign citizens with the right to remain and support themselves); this exclusion created outlaws, legal freaks (Arendt) or homines sacres (Agamben) – bare human beings who were expunged from society and deprived of all former rights and roles. This article discusses the citizenship practices of the victims of the erasure and interprets these practices as emancipation processes: the erased used grass roots and legal means to attempt to obtain the right to dignity, the right to stay and the right to compensation for their ‘lost years’. The effects of their struggle went beyond matters of mere utility: by publicly defining themselves as ‘the erased’ and acting upon injustice; the erased challenged the boundaries of citizenship in terms of membership and content.     

Paradoxical bedfellows: Nihilism and human rights

This article identifies and considers the existence of a manifest, though often overlooked, paradox contained within the doctrine of human rights. The principal justifications for human rights are based upon the identification of variously conceived human characteristics, or attributes of human agency. Nevertheless, human rights have all too often been required to protect some human beings from being seriously harmed by other human beings. The justification for human rights envisages a single, universal community of human beings, whereas the actual application of human rights typically testifies to the existence of two, very distinct communities: victims and perpetrators. The single greatest impetus for the drafting of the Universal Declaration of Human Rights was the desire to prevent the re-occurrence of genocide. The modern human rights regime emerged out of mountains of human corpses. One would like to claim that the impetus for human rights became less urgent after the horrors of the Holocaust. Unfortunately, genocide has persisted and gross violations of human rights remain a feature of the geo-political landscape. Our need for protective human rights remains as urgent today as it did fifty years ago. This article accounts for this paradox and answers the question: Why is it that the ultimate justification and application of the doctrine of human rights is frustrated by members of the very species upon which the doctrine is based?     

Two ways of realizing justice and democracy: linking Amartya Sen and Elinor Ostrom

In The Idea of Justice (2009), Amartya Sen advocates democracy defined as ‘public reasoning’ and ‘government by discussion’. Sen’s discursive approach facilitates the exercise of political freedom and development of one’s public capacities, and enables victims of injustice to give public voice and discussion to specific injustice. It also responds to the contested nature of ‘universal human rights’ and the need to clarify and defend them via public reasoning. However, Sen’s approach leaves intact the hegemony of a liberal form of democracy that prioritizes political and civil rights over social and economic rights and thus precludes alternative democratic forms, most notably a form of cooperative democracy that politicizes social and economic activities in the pursuit of local and global justice. Sen’s ‘government by discussion’ must combine with cooperative democracy and a global ethos emphasizing cooperation (and action) over privatization in order to address our most serious global injustices, including exploitation, inequality and poverty in the Global South, accelerating destruction of the environment and biodiversity, and global warming and climate change.     

Mexican migration policies after IRCA

The evolution since 1964 of Mexican government policy regarding migrant workers in the US is discussed. For a decade after the "bracero" program was terminated by the US, the Mexican government attempted to encourage creation of another legal framework for migration, regarded as inevitable whether legal or clandestine. Around 1974-75, a more distant attitude, termed the "policy of no policy," acquired considerable support in Mexican government and academic circles. The no-policy strategy allowed Mexico to achieve certain objectives regarding migration without prompting US intervention in its internal affairs, as for example by a linkage of US migration policy to specific Mexican government actions. The 1986 passage of the US Immigration Reform and Control Act effectively ended the no-policy strategy that had allowed the Mexican government to count on the continued emigration of Mexican workers without compromising its position of promoting respect for migrant rights. The unilateral change in the status quo by the US led to substitution of the "policy of dialogue," a clear signal of the Mexican government's search for a new migration agreement. The policy of dialogue has entailed greater discussion of the two traditional Mexican objectives regarding migration. Some progress has apparently been made concerning migrant rights, but the second and less explicit objective, that of preventing abrupt changes in US immigration policy and in migratory flows, is harder to judge. The atmosphere of freer public debate in Mexico is politicizing migratory policy.