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How To Accept German Reparations

Author: Susan Slyomovics
Publisher: University of Pennsylvania Press
ISBN: 0812246063
Size: 79.91 MB
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In a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is "financial pain," and what does it mean to monetize "concentration camp survivor syndrome"? Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit reparations? How might reparations models apply to the modern-day conflict in Israel and Palestine? The author points to the examples of her grandmother and mother, Czechoslovakian Jews who survived the Auschwitz, Plaszow, and Markkleeberg camps together but disagreed about applying for the post-World War II Wiedergutmachung ("to make good again") reparation programs. Slyomovics maintains that we can use the legacies of German reparations to reconsider approaches to reparations in the future, and the result is an investigation of practical implications, complicated by the difficult legal, ethnographic, and personal questions that reparations inevitably prompt.

Strategies Of Compliance With The European Court Of Human Rights

Author: Andreas von Staden
Publisher: University of Pennsylvania Press
ISBN: 0812250281
Size: 77.72 MB
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In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.

The Human Right To Citizenship

Author: Rhoda E. Howard-Hassmann
Publisher: University of Pennsylvania Press
ISBN: 0812247175
Size: 58.35 MB
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In principle, no human individual should be rendered stateless: the Universal Declaration of Human Rights stipulates that the right to have or change citizenship cannot be denied. In practice, the legal claim of citizenship is a slippery concept that can be manipulated to serve state interests. On a spectrum from those who enjoy the legal and social benefits of citizenship to those whose right to nationality is outright refused, people with many kinds of status live in various degrees of precariousness within states that cannot or will not protect them. These include documented and undocumented migrants as well as conventional refugees and asylum seekers living in various degrees of uncertainty. Vulnerable populations such as ethnic minorities and women and children may find that de jure citizenship rights are undermined by de facto restrictions on their access, mobility, or security. The Human Right to Citizenship provides an accessible overview of citizenship regimes around the globe, focusing on empirical cases of denied or weakened legal rights. Exploring the legal and social implications of specific national contexts, contributors examine the status of labor migrants in the United States and Canada, the changing definition of citizenship in Nigeria, Germany, India, and Brazil, and the rights of ethnic groups including Palestinians, Rohingya refugees in Bangladesh, Bangladeshi migrants to India, and Roma in Europe. Other chapters consider children's rights to citizenship, multiple citizenships, and unwanted citizenships. With a broad geographical scope, this volume provides a wide-ranging theoretical and legal framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century. Contributors: Michal Baer, Kristy A. Belton, Jacqueline Bhabha, Thomas Faist, Jenna Hennebry, Nancy Hiemstra, Rhoda E. Howard-Hassmann, Audrey Macklin, Margareta Matache, Janet McLaughlin, Carolina Moulin, Alison Mountz, Helen O'Nions, Chidi Anselm Odinkalu, Sujata Ramachandran, Kim Rygiel, Nasir Uddin, Margaret Walton-Roberts, David S. Weissbrodt.

The Object Of Memory

Author: Susan Slyomovics
Publisher: University of Pennsylvania Press
ISBN: 9780812215250
Size: 72.69 MB
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There was a village in Palestine called Ein Houd, whose people traced their ancestry back to one of Saladin's generals who was granted the territory as a reward for his prowess in battle. By the end of the 1948 Arab-Israeli War, all the inhabitants of Ein Houd had been dispersed or exiled or had gone into hiding, although their old stone homes were not destroyed. In 1953 the Israeli government established an artists' cooperative community in the houses of the village, now renamed Ein Hod. In the meantime, the Arab inhabitants of Ein Houd moved two kilometers up a neighboring mountain and illegally built a new village. They could not afford to build in stone, and the mountainous terrain prevented them from using the layout of traditional Palestinian villages. That seemed unimportant at the time, because the Palestinians considered it to be only temporary, a place to live until they could go home. The Palestinians have not gone home. The two villages—Jewish Ein Hod and the new Arab Ein Houd—continue to exist in complex and dynamic opposition. The Object of Memory explores the ways in which the people of Ein Houd and Ein Hod remember and reconstruct their past in light of their present—and their present in light of their past. Honorable Mention, 1999 Perkins Book Prize, Society for the Study of Narrative

Strategic Human Rights Litigation

Author: Helen Duffy
Publisher: Bloomsbury Publishing
ISBN: 1509921982
Size: 34.46 MB
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Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

Colonial Genocide And Reparations Claims In The 21st Century The Socio Legal Context Of Claims Under International Law By The Herero Against Germany For Genocide In Namibia 1904 1908

Author: Jeremy Sarkin
Publisher: ABC-CLIO
ISBN: 0313362572
Size: 80.81 MB
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More and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789. The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.

The Concept Of Cultural Genocide

Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 0198787162
Size: 44.36 MB
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Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

Factories Of Death

Author: Sheldon H. Harris
Publisher: Routledge
ISBN: 1134827512
Size: 68.15 MB
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First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Death Mourning And Burial

Author: Antonius C. G. M. Robben
Publisher: John Wiley & Sons
ISBN: 1119151759
Size: 55.97 MB
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The definitive reference on the anthropology of death and dying, expanded with new contributions covering everything from animal mourning to mortuary cannibalism Few subjects stir the imagination more than the study of how people across cultures deal with death and dying. This expanded second edition of the internationally bestselling Death, Mourning, and Burial offers cross-cultural readings that span the period from dying to afterlife, considering approaches to this transition as a social process and exploring the great variations of cultural responses to death. Exploring new content including organ transplantation, institutionalized care for the dying, HIV-AIDs, animal mourning, and biotechnology, this text retains classic readings from the first edition, and is enhanced by sixteen new articles and two new sections which provide increased breadth and depth for readers. Death, Mourning, and Burial, Second Edition is divided into eight parts reflecting the social trajectory of death: conceptualizations of death; death, dying, and care; grief and mourning; mortuary rituals; and remembrance and regeneration. Sections are introduced through foundational texts which provide the ideal introduction to this diverse field. It is essential reading for anyone concerned with issues of death and dying, as well as violence, terrorism, war, state terror, organ theft, and mortuary rituals. A thoroughly revised edition of this classic anthology featuring twenty-three new articles, two new sections, and three reformulated sections Updated to include current topics, including organ transplantation, institutionalized care for the dying, HIV-AIDs, animal mourning, and biotechnology Must reading for anyone concerned with issues of death and dying, as well as violence, terrorism, war, state terror, organ theft, and mortuary rituals Serves as a text for anthropology classes and provides a genuinely cross-cultural perspective to all those studying death and dying

Reparations To Africa

Author: Rhoda E. Howard-Hassmann
Publisher: University of Pennsylvania Press
ISBN: 0812221648
Size: 24.34 MB
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Given the long history of European and American mistreatment of Africa, what is the just measure of Western obligations to the peoples of this continent? The author analyzes the arguments for reparations from multiple disciplinary perspectives, and suggests alternative means to restorative justice.