Rethinking Amnesties: Atrocity, Accountability And Impunity In Post-Conflict Societies.

The notion of accountability that is propagated in transitional justice often appears limited to demands for the prosecution and imprisonment of those who have been involved in serious human rights violations. Amnesties, widely understood as the absence of punishment for wrongdoing, are in turn considered by many scholars and activists as an example par excellence of the kind of Faustian pacts which are made in the name of political expediency in transitions from conflict. Drawing from a range of interdisciplinary literature, as well as research completed by the authors in a number of societies with a violent past, this paper uses amnesties as a case-study to argue for a more rounded interrogation of the notion of accountability in transitional justice. The paper charts the various forms of intersecting accountability which both shape and delimit amnesties at key ‘moments’ concerning their remit, introduction and operation. The paper concludes that the legalistic view of amnesties as equating to impunity and retribution as accountability is inaccurate and misleading. It argues that a broader perspective of accountability speaks directly to the capacity for amnesties to play a more constructive role in post conflict justice and peacemaking.

On the alignment of debris disks and their host stars' rotation axis -implications for spin-orbit misalignment in exoplanetary systems

It has been widely thought that measuring the misalignment angle between the orbital plane of a transiting exoplanet and the spin of its host star was a good discriminator between different migration processes for hot-Jupiters. Specifically, well-aligned hot-Jupiter systems (as measured by the Rossiter-McLaughlin effect) were thought to have formed via migration through interaction with a viscous disc, while misaligned systems were thought to have undergone a more violent dynamical history. These conclusions were based on the assumption that the planet-forming disc was well-aligned with the host star. Recent work by Lai et al. has challenged this assumption, and proposes that the star-disc interaction in the pre-main sequence phase can exert a torque on the star and change its rotation axis angle. We have estimated the stellar rotation axis of a sample of stars which host spatially resolved debris disks. Comparison of our derived stellar rotation axis inclination angles with the geometrically measured debris-disk inclinations shows no evidence for a misalignment between the two.

Le 'bon Allemand' dans le roman français de l'immédiat après-Seconde Guerre mondiale: une erreur de casting?

The end of the Occupation, which was much more violent than its beginning, dramatically affected the overall perception of Germans and Germany for many years in post-WWII France. This vision is of course reflected to a large extent in French literature. Yet, paradoxically, many novels—including the ‘best-sellers’ E ´ ducation europe´enne (1945) by Romain Gary, Mon Village a` l’heure allemande (1945) by Jean-Louis Bory or Les Foreˆts de la nuit (1947) by Jean-Louis Curtis—contain a ‘good German’ character. Firstly, this article will give an overview of the dominant representations of Germans in post-WWII France, before suggesting that the ‘good German’ character follows both a literary tradition and the humanist values of the French Resistance, to which these writers claim to subscribe. Finally, it will show how this character, far from blurring the Manichean ideology of the novel in which he appears, actually reinforces it.

Chopper: From the Inside: Discourses of the "Celebrity" Criminal Mark Read

Popular culture has been inundated with stories and images of True Crime for a long time, which is testament to people’s enduring fascination with criminals and their deviant actions. In such stories, which present actual cases of notorious crimes in a style that often resembles fiction, criminals are either reviled as monsters or lauded as cultural icons. More recently, popular autobiographical accounts by criminals themselves have begun to emerge within this True Crime genre. Typically self-celebratory in nature, such representations construct a rather glamorized public image of the author. This article undertakes a multimodal analysis of what has been classed as one typical example of this True Crime sub-genre, Australian Mark Brandon Read’s autobiographical account Chopper: From the Inside. It thereby seeks to demonstrate that the book, while glamorizing and mythologizing its protagonist, simultaneously offers scope for a qualitative understanding of Read’s life of crime and the sensual dynamics of his violent offending. To this end, the analysis focuses on some of the linguistic and pictorial strategies Read employs in constructing a public image of himself that alternates between the dangerous ‘hardman’ and the ‘larrikin’ criminal hero. However, it is also shown that Read’s account reveals a degree of critical self-reflection. In addition to the multimodal analysis, the article also endeavours to explore the link between celebrity and crime, thereby engaging with the nature of popular culture’s fascination with celebrated criminals.

Associations between Mothers' Experiences with the Troubles in Northern Ireland and Mothers' and Childrens' Psychological Functioning: The Moderating Role of Social Identity.

Relatively little research has examined the relations between growing up in a community with a history of protracted violent political conflict and subsequent generations' well-being. The current article examines relations between mothers' self-report of the impact that the historical political violence in Northern Ireland (known, as the Troubles) has on her and her child's current mental health. These relations are framed within the social identity model of stress, which provides a framework for understanding coping responses within societies that have experienced intergroup conflict. Mother-child dyads (N = 695) living in Belfast completed interviews. Results suggest that the mother-reported impact of the Troubles continue to be associated with mothers' mental health, which, in, turn, is associated with her child's adjustment. The strength of mothers' social identity moderated pathways between the impact of the Troubles and her mental health, consistent with the social identity model of stress. (C) 2010 Wiley Periodicals, Inc.

Struggles against Injustice:: Contemporary Critical Theory and Political Violence

This article investigates a significant problem in contemporary critical theory, namely its failure to address effectively the possibility that a campaign of political violence may be a legitimate means of fighting grave injustice. Having offered a working definition of ‘political violence’, I argue that critical theory should be focused on experiences of injustice rather than on ideals of justice. I then explore the reasons as to why, save for some intriguing remarks on retrospective legitimation, Jürgen Habermas has not addressed this issue directly. While Axel Honneth's recognition theory may have greater potential here, the absence of explicit consideration of the matter by him leaves considerable work to do. I introduce five questions in the concluding section that provide a starting point in setting out an appropriately stringent, normative test for claims that support violent action against injustice.

Bereavement: A behavioural process

Sixty-seven widows whose husbands had been killed in the context of sectarian violence in Northern Ireland were assessed in relation to the cause of death, the quality of their marital relationship and the level of worry prior to the loss. Results reported here show that the violent cause of death led to a greater level of long-term psychological distress than other causes of death. Furthermore, widows who reported happiness regarding their marital relationship showed more signs of distress after the loss than those who reported less happiness. Widows who had not worried about their husband showed less signs of psychological distress after the loss than those who had worried. The interpretation of the findings is based on recent thinking in behaviour analysis.

Evolution of Organisational Structure and Capabilities in Internationalising Banks: The CEE Operations of UniCredit's Vienna Office

Cross-border integration is the central management issue for banks that expand internationally, and this is especially true in Central and Eastern Europe, where the pace of internationalisation through mergers and acquisitions has been rapid. A critical challenge in cross-border integration is aligning a multinational company's formal organizational structure with the distribution of capabilities across its subsidiary units, and this issue is explored by tracking the co-evolution of organizational structure and capabilities during the internationalisation of a large banking network into this region. Our focus is the Vienna head office of Bank Austria Creditanstalt, which was acquired first by HypoVereinsbank (Germany) and then UniCredit (Italy). Despite its formal role being downgraded during these changes, the unit continued to develop its distinctive capabilities. The key insight our article offers is that managing cross-border integration is not simply about recognizing the value of the distinctive capabilities of individual units and designing formal structures that successfully align with them. It is also about understanding the need for dynamic interaction between formal corporate structure and individual units' desires to retain power and influence, which have significant implications for the development of their organizational capabilities.

Plus ça change: (Post)Colonial Timor-Leste as a Return to (Pre)Colonial Realities in the Novels of Luis Cardoso

This article examines the novels of the East Timorese writer Luís Cardoso, and argues that their representations of a colonial past should not be simply interpreted as memorializations of Timor-Leste’s suffering at the hands of foreign aggressors. It proposes that underlying their revisiting of the past is a call for acknowledgement of the agency of East Timorese in the history of violent conflict that has troubled the nation, and that only this can guarantee true reconciliation, justice and national independence.

Notes from Some Small Countries: A Study of the 'New Punitiveness' in Ireland, Scotland and New Zealand

In recent years there has been a remarkable surge of interest in the concept of punitiveness in theoretical criminology. Accounts serve to emphasise rupture over continuity, drawing attention to the increased focus on managerialism, risk and expressive penal policies in countries such as England and the US. Criticisms of these accounts have drawn attention to the weak empirical base for such assertions and the continued relevance of local cultural, historical and political conditions in mediating the effect of more punitive trends. In light of the relative neglect of smaller jurisdictions in this literature it was decided to locate these debates in three small common law jurisdictions, namely, Ireland, Scotland and New Zealand over the period 1976-2006 with a view to assessing the empirical evidence for penal change. This was done using a broader definition of punitiveness than normally employed incorporating indices relating to the ‘front end’ (eg police powers) as well as the ‘back end’ (eg prison and probation) of the criminal justice system. Data were collected on the three case studies using a multi-method approach involving examination of extensive quantitative data, interviews with key criminal justice stakeholders and documentary analysis. The data provide some support for the ‘new punitiveness’ thesis in these countries through a pattern of increased legislative activity aimed at controlling violent and sexual offenders and significant increases in the lengths of sentences imposed. However, analysis of qualitative data and a larger number of variables reveals distinctly different patterns of punitiveness over the thirty year period in the three countries. It is argued that the study holds important lessons for comparative criminology into the ‘new punitiveness’. There is a need for qualitative as well as quantitative data; for multiple rather than singular indices across a wide range of areas (juvenile justice, prison conditions, etc); and for ‘front end’ as well as ‘back end’ indices.

Prisons Memory Archive

Between 2006 and 2007, the Prisons Memory Archive (PMA) filmed participants, including former prisoners, prison staff, teachers, chaplains, visitors, solicitors and welfare workers back inside the Maze/Long Kesh Prison and Armagh Gaol. They shared the memory of the time spent in these prisons during the period of political violence from 1970 - 2000 in Northern Ireland, commonly known as the Troubles. Underpinning the overall methodology is co-ownership of the material, which gives participants the right to veto as well as to participate in the processes of editing and exhibiting their stories, so prioritising the value of co-authorship of their stories. The PMA adopted life-story interviewing techniques with the empty sites stimulating participants’ memory while they walked and talked their way around the empty sites. A third feature is inclusivity: the archive holds stories from across the full spectrum of the prison experience. A selection of the material, with accompanying context and links is available online www.prisonsmemoryarchive.com

Further Information:

The protocols of inclusivity, co-ownership and life-story telling make this collection significant as an initiative that engages with contemporary problems of how to negotiate narratives about a conflicted past in a society emerging out of violence. Inclusivity means that prison staff, prisoners, governors, chaplains, tutors and visitors have participated, relating their individual and collective experiences, which sit side by side on the PMA website. Co-ownership addresses the issues of ethics and sensitivity, allowing key constituencies to be involved. Life-story telling, based on oral history methodologies allows participants to be the authors of their own stories, crucial when dealing with sensitive issues from a violent past. The website hosts a selection of excerpts, e.g. the Armagh Stories page shows excerpts from 15 participants, while the Maze and Long Kesh Prison page offers interactive access to 24 participants from that prison. Using an interactive documentary structure, the site offers users opportunities to navigate their own way through the material and encourages them to hear and see the ‘other’, central to attempts at encouraging dialogue in a divided society. Further, public discussions have been held after screening of excerpts with community groups in the following locations - Belfast, Newtownabbey, Derry, Armagh, Enniskillen, London, Cork, Maynooth, Clones, and Monaghan. Extracts have been screened at international academic conferences in Valencia, Australia, Tartu, Estonia, Prague, and York. A dataset of the content, with description and links, is available for REF purposes.

Unheard Voices: Stories from the Troubles

Produced in association with WAVE Trauma Centre, this short film records the experiences of six victims and survivors of the Northern Irish Troubles. Filmed and edited collaboratively, UV addresses issues of trauma, loss, justice and recovery. The story-tellers range from a police widow, to the brother of a sectarian victim, to a youth worker who lost is legs in an explosion. This film has been screened, with public discussions, between 2010 and 2012 by the Good Relations Departments of the following Borough and City Councils - Belfast, Derry/Londonderry, Lisburn, Ballymena, Coleraine, Moyle and Newtownabbey. It has also been screened at the Hallwells Contemporary Arts Centre, Buffalo, and at St Bonaventure University, NY (2012)

http://www.wavetraumacentre.org.uk/about-us/wave-projects/unheard-voices

Further Information:

This 30 minute documentary film was produced in collaboration with WAVE Trauma Centre, Belfast. Working closely with six survivors of the Troubles violence in Northern Ireland through all stages of production and exhibition, the film contributes to on-going discussions about dealing with the conflicted past in a contested present. The role of storytelling, identified by two government reports – the Bloomfield Report and the Eames-Bradley Report - as an important method of addressing the violent past, is one of the key research questions involved in the research. Public screenings and discussions have been organised by the Good Relations Departments of seven borough councils (Belfast, Lisburn, Derry, Ballymena, Newtownabbey, Coleraine and Moyle). The film has also been screened in New York State and London. One of the recurring themes brought up in these public discussions in the role and limits of storytelling alongside the legal issues of justice, prosecutions and reparations. An accompanying co-written article with PhD student, Jolene Mairs, 'Unheard Voices' in Mc Keogh, C. and O'Connel, D. (eds) (2012) Documentary in a Changing State,Cork University Press, is part of the portfolio presented for REF.

Segregation Preferences of Urban and Rural 16-year-olds in Northern Ireland

Sectarian violence in the Northern Ireland is often perceived to be mostly confined to cities. The aim of this paper is to explore statistically what factors contribute to segregation preferences among young people living in rural and urban areas, using the 2005–2009 Young Life and Times (YLT) survey – an annual attitudes survey of 16-year-olds. The findings show that religious and national identities are the strongest predictors of segregation preferences among 16-year-olds, regardless of where they live and what background they have. Those living in rural areas of Northern Ireland are more supportive of residential, workplace and educational segregation than those living in more urban areas. This research highlights the need for government policy to take rurality into account. Nevertheless, some variables significantly determine segregation preferences regardless of where respondents live, such as attendance of segregated schools, being female, or strength of national and religious identity. Consequently, policy initiatives should continue to address the effect of segregation, especially in relation to education, and future research exploring social class and gender is recommended. In conclusion, the perception of the violent ‘urban spaces’ and the ‘peaceful countryside’ has to be challenged.

China’s National Security Review: a tit-for-tat response?

China is gradually taking its place as a major regulator, exercising concurrent jurisdiction of the national security review along with the US and EU over high-profile cross-border mergers and acquisitions. The National Security Review (NSR) regulatory regime of foreign acquisitions has attracted significant attention recently with the establishment of China's counterpart to the Committee on Foreign Investment in the United States (CFIUS). Due to the intensified activities of sovereign wealth funds (SWFs) that are closely linked with states, CFIUS's broad discretion to deal with China's SWF-based investment may have a far-reaching impact on China's implementation of the newly enacted NSR regime. It is essential to design a mechanism that allows SWFs to maximise their positive attributes while safeguarding the apolitical integrity of the marketplace. Any disproportionate use of the NSR regime would inevitably bring about more unintended consequences, such as tit-for-tat protectionism. This represents an imminent threat to the tenuous recovery from the recent economic crisis, largely because of the increasingly intertwined and interdependent nature of the global financial markets. It is of utmost significance to evaluate the extent to which the updated legislation strikes a reasonable balance between preserving genuine national security interests and maintaining an open environment for investment.