Search Results (12)

This article examines the persistent legal invisibility of the Kashmiri Pandits within international frameworks on indigenous rights and internal displacement. Despite meeting definitional criteria under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Guiding Principles on Internal Displacement, the community remains unrecognised as either indigenous or internally displaced. Drawing on Third World Approaches to International Law (TWAIL), constructivist norm diffusion and decolonial intersectional critique, this article argues that this exclusion arises not from normative ambiguity but from geopolitical selectivity and epistemic suppression. Through doctrinal analysis of India’s treaty commitments, including its accession to the Genocide Convention (1959) and its interpretative reservation to Article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) (1979), this study reveals how recognition is constrained by state narratives of sovereignty and secularism. Supported by evidence from the NHRC inquiry, IDMC displacement data, and comparative experiences such as Native American recognition this paper demonstrates that categories of protection in international law are applied unevenly, depending on political compatibility rather than legal principle. It calls for renewed engagement with epistemic justice and narrative accountability in rethinking indigeneity and displacement in postcolonial contexts. Full article

The two-decade-long occupation of East Timor by Indonesia has long been the focus of debate within genocide studies, with scholars on one side arguing for its recognition as “genocide” and, on the other, insisting on its exclusion from acknowledgment as such due to its inability to satisfy certain legal criteria. Our article revisits this conflict and the surrounding debate in order to stake out a larger claim about the logic of the legal form in contemporary global order. Following a growing critical scholarship in genocide studies, we argue that the concept of genocide itself entrenches harmful understandings of global order and contributes to structures which encourage the mass violence it nominally aims to identify and prevent. Far from being singular, it further represents fundamental limitations regarding the legal form as a mechanism of justice and resistance. To support this claim, we use the failure of various justice and reconciliation mechanisms to prosecute genocide in East Timor to illustrate the ways in which a legal system predicated on imperialism shapes both the behavior of a newly minted domestic elite and the larger project of state sovereignty itself. Full article

Migration issues remain one of the most contentious topics in contemporary social discourse. This paper reinterprets key Old Testament figures who can be identified as asylum seekers or political migrants. The central question is the following: who represent asylum seekers in the Old Testament? Employing a narrative methodology, the study focuses on biblical stories and their thematic development rather than linguistic or historical analysis. The paper unfolds in three key sections. First, it defines asylum seekers and reviews prior research related to migration in the Old Testament. Second, it analyzes three significant biblical figures—Moses, Elijah, and David—who represent the law, the prophets, and the Messiah, respectively. Their migration experiences (genocide, resistance, political violence, dictatorship, and rebellion) provide a theological bridge for churches to engage with contemporary political migrants. Lastly, the paper offers practical approaches for churches to support asylum seekers. Full article

In Esther 3:8–9, the central conflict of the book is introduced through the antagonist, Haman the Agagite, who argues through half-truth that because the Jews are scattered and separated amongst the people and have different laws from every other people, they should not be tolerated and instead should be annihilated. Although there is disagreement about when the book was written, the Persian kingdom is featured narratively as in power; King Ahasuerus is depicted as accepting genocide as an appropriate peacekeeping method. Many discussions on the central conflict focus on Haman, as Persia and its hegemony are depicted in the book as emotional and farcical, leaving many to dismiss its impact. Too often, with emphasis on Persian power at this time as generally benevolent, gracious, and accepting toward Others in biblical texts and scholarship, much is missed involving the insidious nature of how hegemonic powers still code and reify what differences ‘we’ deem threatening. Comparing, then, the discussions and use of multiculturalism in Western empires in current social scientific studies to rhetoric and practice in the scholarship and book of Esther, this article will address the underlying issues less discussed regarding Haman’s polemic, and the cost of “being tolerated” amongst the minoritized, including Haman. Full article

Israel’s war on Gaza following 7 October 2023 has given birth to several political and social changes in European nations. According to the United Nations Report of the Special Rapporteur, Israel has used this moment to “distort” international humanitarian law principles “in an attempt to legitimize genocidal violence against the Palestinian people.” In the European context, this has led to European Muslims and non-Muslims, including organizations, institutions, as well as individual academics, politicians, and activists mobilizing and voicing their condemnation and demand their governments to do more towards peaceful and equitable solutions. However, this has been met with a strong reaction from European governing bodies. This paper situates this reaction within wider discourses on the European Muslim crisis. It begins with a systematic literature review on the so-called European Muslim crisis, followed by case studies on the United Kingdom and Germany on their respective changes to policies impacting Muslims in the post-October 7 contexa Regarding the literature review, this paper illustrates how this concept has three distinct, yet intersecting meanings: the crisis of European identity; the crisis of foundational ideologies of Europe; and an internal Muslim crisis that often leads to radicalization. Through the British and German case studies, this paper illustrates that October 7 has reinforced and strengthened the shift towards values-based citizenship and integration. This paper argues that through branding pro-Palestine protesters and organizations as extremists in the British context, and adding questions related to antisemitism and Israel in the citizenship tests in the German context, the Israel/Palestine issue has now become yet another yardstick to demarcate the European, civilized “us” vs. the Muslim “other.” In doing so, October 7 has escalated elements already present within the wider discourses of the European Muslim crisis. Full article

When Hannah Arendt writes about the law, she does so as a political theorist, genocide survivor and critic of modernity. She also writes as a phenomenologist, which is to say, she is mindful not only that people create the law, but that law constitutes a people. In Origins, she calls attention to the importance of the rule of law in the emergence of totalitarianism. In On Revolution, she seeks a way of grounding political authority in something other than an Absolute. In the process, Arendt looks to another group of intellectuals who grappled with the nature of authority under conditions of modernity—the Early German Romantics. Romantic fragments are philosophical, poetic, even musical. For Arendt, the most highly valued fragments are historical because these fragments provide not only protection against totalitarianism but also a possible solution to the problem of authority. In this article, I explore Arendt’s interpretation of the Declaration of Independence as a historical fragment. She draws on a phenomenological approach to fragments, found primarily in the work of Rahel Varnhagen and Dorothea Veit-Schlegel, to create a resilient yet malleable basis for authority, thereby grounding political authority in concrete historical events, rather than in human nature. Full article

Bangladesh is recently prosecuting and punishing the perpetrators of crimes against humanity and genocide committed in the Liberation War of 1971 via a domestically operated tribunal, namely the International Crimes Tribunal Bangladesh (ICTB). Though the Tribunal is preceded under municipal law, its material jurisdiction, i.e., crimes against humanity and genocide, originated from international criminal law. Therefore, this study examines several legal obligations of the ICTB in defining crimes against humanity and genocide as the core international crimes. First, I discuss several legal flaws of the Tribunal by defining crimes against humanity and genocide under the ICTB Statute and jurisprudence. Second, I scrutinize the legal status of international (treaty and customary) laws in Bangladesh’s legal system. Third, by applying international criminal law standards, I focus on the idea that it is one of the obligations of Bangladesh to apply international criminal law definitions of genocide under the treaty obligation as the contracting parties to Genocide Convention 1948, and the ICC Statute 1998. Fourthly, I also discuss whether Bangladesh has any obligation to apply customary international law definition of crimes against humanity because crimes against humanity are considered jus cogens offenses in general international law, from which no derogation is permitted. Lastly, I conclude that Bangladesh Tribunal failed to fulfill its legal obligation to define international crimes under the treaty and customary laws and forward a way to be implemented to improve the legislative system of Bangladesh and harmonize it with international legislation. Full article

Remote sensing technology has seen a massive rise in popularity over the last two decades, becoming an integral part of our lives. Space-based satellite technologies facilitated access to the inaccessible terrains, helped humanitarian teams, support complex emergencies, and contributed to monitoring and verifying conflict zones. The scoping phase of this review investigated the utility of the role of remote sensing application to complement international peace and security activities owing to their ability to provide objective near real-time insights at the ground level. The first part of this review looks into the major research concepts and implementation of remote sensing-based techniques for international peace and security applications and presented a meta-analysis on how advanced sensor capabilities can support various aspects of peace and security. With key examples, we demonstrated how this technology assemblage enacts multiple versions of peace and security: for refugee relief operations, in armed conflicts monitoring, tracking acts of genocide, providing evidence in courts of law, and assessing contravention in human rights. The second part of this review anticipates future challenges that can hinder the applicative capabilities of remote sensing in peace and security. Varying types of sensors pose discrepancies in image classifications and issues like cost, resolution, and difficulty of ground-truth in conflict areas. With emerging technologies and sufficient secondary resources available, remote sensing plays a vital operational tool in conflict-affected areas by supporting an extensive diversity in public policy actions for peacekeeping processes. Full article

Debates continue as to whether crimes committed against the Rohingya in Myanmar amount to genocide. This article will address this question, framed in the broad context of the Rohingya victimisation in Myanmar, but also the narrow context of the Rohingya refugee lived experience in Malaysia. The authors contend that the Rohingya are victims of genocide, and this is in part evidenced by the destruction of the Rohingya culture, including through assimilation (and therefore loss of group identity) in refugee destination countries, such as Malaysia. This analysis is based on the consideration of theories of genocide process and definition, international law, and qualitative data collected during extensive anthropological fieldwork by one of the authors with urban refugees in peninsular Malaysia. Full article

Raphael Lemkin, the man who founded the term ‘genocide,’ did so with a view to protecting not only physical beings from systematically imposed extinction, but also protecting their cultures from the same fate. However, in the wake of the atrocities and bloodshed of WWII, cultural genocide was omitted from the 1948 Genocide Convention, and as a result, does not constitute an international crime. This omission has left a lacuna in international law which threatens minority groups. Not a threat of loss of life but rather loss of the culture that distinguishes them and identifies them as a minority. Powerful States with indifferent attitudes towards their international obligations face no significantly harsher punishment for cultural genocide than they do for other human rights transgressions. Consequently, cultural genocide continues as minority cultures are rendered extinct at the hands of States. The Case Study of this article investigates the present-day example of the Uyghur minority in China and analyzes whether this modern cultural genocide can pave the way for the recognition of cultural genocide as an international crime or whether the Uyghur culture will become a cautionary tale for minorities in the future. Full article

The unprecedented current “refugee crisis,” with its 65 million plus uprooted people, demands a new protection orientation and framework for refugees and other forced migrants that are focused on the “root causes” of refugeehood, non-international protracted armed conflict or civil war. It is argued that four essential reforms are required to the international refugee protection system to respond to the “root causes” of refugees in the world today. The first calls for broadening the definition of who is a refugee to include “war refugees” as found in the 1984 Cartagena Declaration and the 1969 Organization of African Unity (OAU) Convention. The 1984 Cartagena Declaration is preferred because it has the most progressive and broadest legal definition of who is a refugee and, therefore, should be emulated by all regions and the UNHCR internationally. The second reform would be the adoption of the Cartagena Declaration decennial consultation process and its comprehensive Plan of Action by the UNHCR on a global basis. This process has proven to be a success in Latin America and ought to be adopted internationally to develop and to realize the progressive advancement of international protection for all persons who are fleeing persecution and armed conflict. The third major reform is to develop the capacity of the UN to be able to operate in the midst of an armed conflict situation in order to broker a ceasefire and, then, negotiate a peace agreement, particularly, in those situations where massed forced displacement has taken place or potentially could take place. The fourth reform calls for the UN to expand the Responsibility to Protect (R2P) doctrine to incorporate massed forced displacement, in addition to, war crimes, crimes against humanity, ethnic cleansing, and, genocide. This further implies that mass forced displacement ought to be criminalized and made a serious international crime, not simply in the international humanitarian law and international criminal law sense of forced deportation, transfers, and expulsions, by opposing military forces, but in situations of armed conflict when people flee of their own volition in order to save their lives. These four reforms do not require a reformulation or reconceptualization of the international refugee protection system but a reform of a number of key elements that would simultaneously address the “root causes” of refugees and, especially, mass forced displacement that is due principally to non-international protracted armed conflict or seemingly endless civil wars. Full article

A new tool is presented for facilitating greater objectivity in the chaotic field of genocide studies: first, assembling the available factual data about any event of mass murder systematically; second, contextualizing each of our judgments of the nature of the crime as a choice being made by a given scholar or institution (e.g., a specific court), but not as “God’s word.” The Worksheet for Describing and Categorizing a Genocidal Event is believed to be innovative in several ways: (1) This model presents researchers with a methodology for developing systematic, extensive and objective information about many different aspects of an event of mass killing; (2) Emphasis is placed on identifying each researcher’s guiding concept of genocide; (3) The proposed methodology purposely postpones any effort at classification—including whether an event constitutes “genocide”—until after factual data have been assembled; (4) Categorization of an event is also to be understood as an act of judgment by each researcher, not as scientifically established truth; (5) It is also to be understood that classification in the language of social sciences is different than legal classifications that in turn also are to be understood as based on whatever specific code of law. Full article