Impedimentos en la aplicación efectiva de la Ley de Justicia y Paz en materia de DDR y justicia transicional. Estudio de caso: el surgimiento de las Bacrim en Antioquia (2006-2008)

El objetivo de este estudio de caso es demostrar en que medida la incapacidad del Estado influyó en el surgimiento de las Bacrim en el departamento de Antioquia. Para tal fin, se aborda la problemática desde una perspectiva tanto explicativa como analítica, dado que pretende examinar la relación causal entre el fenómeno armado en Antioquia y las causas que llevaron a su surgimiento mediante la aplicación de la Ley de Justicia y Paz, teniendo como punto de partida la incapacidad estatal en tres niveles: en infraestructura económica para el proceso de Desarme, Desmovilización y Reintegración con las Autodefensas Unidas de Colombia, en administración de justicia para el proceso de justicia transicional y para recuperar el monopolio legítimo de la violencia.

Understanding the Other’s “Understanding” of Violence: Legitimacy, Recognition, and the Challenge of Dealing with the Past in Divided Societies

Post-conflict societies which have achieved a cessation of violence and embarked on a political conflict transformation process cannot in the long-term avoid a process of dealing with the past. Case studies of South Africa and Northern Ireland confirm this normative claim, showing that within the post-war society as a whole a social consensus on how to “understand” and “recognize” the use of violence that occurred during the conflict is necessary: understanding the other’s “understanding” of violence. A mutual understanding must be reached that both sides fought a campaign that was just and legitimate from their own perspective. The morality of the “other’s violence” has to be recognized.

The Uses of Violence: An Examination of some Cross-Cutting Issues

A general theory of violence may only be possible in the sense of a meta-theoretical framework, As such it should comprise a parsimonious set of general mechanisms that operate across various manifestations of violence. In order to identify such mechanisms, a general theory of violence needs to equally consider all manifestations of violence, in all societies, and at all times. Departing from this assumption this paper argues that three theoretical approaches may be combined in a non-contradictory way to understand violence as goal-directed instrumental behaviour: a theory of the judgment and decision-making processes operating in the situations that give rise to violence; a theory of the evolutionary processes that have resulted in universal cognitive and emotional mechanisms associated with violence; and a theory of the way in which social institutions structure violence by selectively enhancing its effectiveness for some purposes (i.e legitimate use of force) and controlling other types of violence (i.e crime). To illustrate the potential use of such a perspective the paper then examines some general mechanisms that may explain many different types of violence. In particular, it examines how the mechanisms of moralistic aggression (Trivers) and moral disengagement (Bandura) may account for many different types of violence.

Comparing international television news : the case of violence presentation in Germany, Great Britain and Russia -- [in German : Gewalt in internationalen Fernsehnachrichten - eine komparative Analyse medialer Gewaltpräsentation in Deutschland, Großbritannien und Russland]

This is an important book that ought to launch a debate about how we research our understanding of the world, it is an innovative intervention in a vital public issue, and it is an elegant and scholarly hard look at what is actually happening. Jean Seaton, Prof of Media History, U of Westminster, UK & Official Historian of the BBC -- Summary: This book investigates the question of how comparative studies of international TV news (here: on violence presentation) can best be conceptualized in a way that allows for crossnational, comparative conclusions on an empirically validated basis. This book shows that such a conceptualization is necessary in order to overcome existing restrictions in the comparability of international analysis on violence presentation. Investigated examples include the most watched news bulletins in Great Britain (10o'clock news on the BBC), Germany (Tagesschau on ARD) and Russia (Vremja on Channel 1). This book highlights a substantial cross-national violence news flow as well as a cross-national visual violence flow (key visuals) as distinct transnational components. In addition, event-related textual analysis reveals how the historical rootedness of nations and its symbols of power are still manifested in televisual mediations of violence. In conclusion, this study lobbies for a conscientious use of comparative data/analysis both in journalism research and practice in order to understand what it may convey in the different arenas of today’s newsmaking.

Safeguarding rural Australia : addressing masculinity and violence in rural settings. Data report no. 5. Consequences of violence - juvenile offenders, long-term health consequences, anxiety and repression, other chronic disabilities

This report considers extant data which have been sourced with respect to some of the consequences of violent acts and incidents and risky behaviour for males living in regional and remote Australia . This has been collated and presented under the headings: juvenile offenders; long-term health consequences; anxiety and repression; and other chronic disabilities. Additional commentary resulting from exploration, examination and analyses of secondary data is published online in complementary reports in this series.

International law and the regulation of violence : shifting perceptions of the legitimacy of the jus ad bellum?

International law’s capacity to influence state behaviour by regulating recourse to violence has been a longstanding source of debate among international lawyers and political scientists. On the one hand, sceptics assert that frequent violations of the prohibition on the use of force have rendered article 2(4) of the UN Charter redundant. They contend that national self-interest, rather than international law, is the key determinant of state behaviour regarding the use of force. On the other hand, defenders of article 2(4) argue first, that most states comply with the Charter framework, and second, that state rhetoric continues to acknowledge the existence of the jus ad bellum. In particular, the fact that violators go to considerable lengths to offer legal or factual justifications for their conduct – typically by relying on the right of self-defence – is advanced as evidence that the prohibition on the use of force retains legitimacy in the eyes of states. This paper identifies two potentially significant features of state practice since 2006 which may signal a shift in states’ perceptions of the normative authority of article 2(4). The first aspect is the recent failure by several states to offer explicit legal justifications for their use or force, or to report action taken in self-defence to the Security Council in accordance with Article 51. Four incidents linked to the global “war on terror” are examined here: Israeli airstrikes in Syria in 2007 and in Sudan in 2009, Turkey’s 2006-2008 incursions into northern Iraq, and Ethiopia’s 2006 intervention in Somalia. The second, more troubling feature is the international community’s apparent lack of concern over the legality of these incidents. Each use of force is difficult to reconcile with the strict requirements of the jus ad bellum; yet none attracted genuine legal scrutiny or debate among other states. While it is too early to conclude that these relatively minor incidents presage long term shifts in state practice, viewed together the two developments identified here suggest a possible downgrading of the role of international law in discussions over the use of force, at least in conflicts linked to the “war on terror”. This, in turn, may represent a declining perception of the normative authority of the jus ad bellum, and a concomitant admission of the limits of international law in regulating violence.

Review of "Violence, Prejudice and Sexuality" by Stephen Tomsen (Routledge, New York and London, 2009)

Tomsen’s book Violence, Prejudice and Sexuality engages with important questions about sexuality and anti homosexual sentiment that criminologists have grappled with for some time. Tomsen’s work refines these questions in the context of essentialism, and notes how this concept has enabled only very specific ways of thinking about and analysing violence, prejudice, and sexuality. Indeed, thinking about the nexus between these three concepts are now almost taken for granted. As Tomsen demonstrates in his discussion of historical understandings of sexual desire, although social constructionism and queer perspectives have challenged essentialist notions of sexuality, research has in many respects upheld a binary understanding of heterosexuality as normal and homosexuality as abnormal. Interestingly, essentialist binaries like this have been conveniently employed in more recent times when activists align with minority status to gain basic human rights. While no one could deny the importance of access to rights and justice, Tomsen notes the danger inherent in arguments like this that draw on essentialism. He argues we are working through similar dichotomies of heterosexuality as normal and homosexuality as abnormal set up in very early research on sexual desire. The key difference now is that, in the rush towards public and political citizenship, ‘heterosexuals are recast as “perpetrators” and homosexuals as “victims”’ (Tomsen 2009: 16). Violence, Prejudice and Sexuality importantly notes this is no less an essentialist dichotomy and no less divisive....

Introduction: Is a General Theory of Violence Possible?

"There once was a man who aspired to be the author of the general theory of holes. When asked ‘What kind of hole—holes dug by children in the sand for amusement, holes dug by gardeners to plant lettuce seedlings, tank traps, holes made by road makers?’ he would reply indignantly that he wished for a general theory that would explain all of these. He rejected ab initio the—as he saw it—pathetically common-sense view that of the digging of different kinds of holes there are quite different kinds of explanations to be given; why then he would ask do we have the concept of a hole? Lacking the explanations to which he originally aspired, he then fell to discovering statistically significant correlations; he found for example that there is a correlation between the aggregate hole-digging achievement of a society as measured, or at least one day to be measured, by econometric techniques, and its degree of techno- logical development. The United States surpasses both Paraguay and Upper Volta in hole-digging; there are more holes in Vietnam than there were. These observations, he would always insist, were neutral and value-free. This man’s achievement has passed totally unnoticed except by me. Had he however turned his talents to political science, had he concerned himself not with holes, but with modernization, urbanization or violence, I find it difficult to believe that he might not have achieved high office in the APSA." (MacIntyre 1971, 260)

Copyright in patent specifications and prior art documents: Addressing legitimate rights of user

One of the recent Raising the Bar amendments has removed impediments imposed by copyright law that may have limited the uses to which IP Australia and members of the public could have lawfully put patent specifications without seeking permission from the copyright owner. What the amendment does not do, however, is extend the same protections to those who wish to use prior art documents in ways that benefit the patent system and further the public interest.

Rural masculinities and the internalisation of violence in agricultural communities

This article is based on research we conducted in two agricultural communities as part of a broader study that included mining communities in rural Australia. The data from the agricultural locations tell a different story to that of the mining communities. In the latter, alcohol-fuelled, male-on-male assaults in public places caused considerable anxiety among informants. By contrast, people in the agricultural communities seemed more troubled by hidden violent harms which were largely privatised and individualised, including self-harm, suicide, isolation and threats to men’s general wellbeing and mental health; domestic violence; and other forms of violence largely unreported and thus unacknowledged within the wider community (including sexual assault and bullying linked to homophobia). We argue one reason for the different pattern in the agricultural communities is the decline of pub(lic) masculinity, and with this, the increasing isolation of rural men and the increasing propensity to internalise violence. We argue that the relatively high rates of suicide in agricultural communities experiencing rural decline are symptomatic of the internalisation of violence.

An embodied everyday peace in the midst of violence

Orthodox notions of peace built on liberal institutionalism have been critiqued for their lack of attention to the local and the people who populate these structures. The concept of an ‘everyday peace’ seeks to take into account the agency and activity of those frequently marginalised or excluded and use these experiences as the basis for a more responsive way of understanding peace. Further, reconceptualising and complicating a notion of ‘everyday peace’ as embodied recognises marginalised people as competent commentators and observers of their world, and capable of engaging with the practices, routines and radical events that shape their everyday resistances and peacebuilding. Peace, in this imagining, is not abstract, but built through everyday practices amidst violence. Young people, in particular, are often marginalised or rendered passive in discussions of the violences that affect them. In recognising this limited engagement, this paper responds through drawing on fieldwork conducted with conflict-affected young people in a peri-urban barrio community near Colombia’s capital Bogota to forward a notion of an embodied everyday peace. This involves exploring the presence and voices of young people as stakeholders in a negotiation of what it means to build peace within daily experience in the context of local and broader violence and marginalisation. By centring young people’s understandings of and contributions within the everyday, this paper responds to the inadequacies of liberal peacebuilding narratives, and forwards a more complex rendering of everyday peace as embodied.

Fighting like a girl … or a boy? An analysis of videos of violence between young girls posted on online fight websites

How young women engage in physical violence with other young women is an issue that raises specific concerns in both criminological literature and theories. Current theoretical explanations construct young women’s violence in one of two ways: young women are not physically violent at all, and adhere to an accepted performance of hegemonic femininity; or young women reject accepted performances of hegemonic femininity in favour of a masculine gendered performance to engage in violence successfully. This article draws on qualitative and quantitative data obtained from a structured observation and thematic analysis of 60 online videos featuring young women’s violent altercations. It argues that, contrary to this dichotomous construction, there appears to be a third way young women are performing violence, underpinned by masculine characteristics of aggression but upholding a hegemonic feminine gender performance. In making this argument, this article demonstrates that a more complex exploration and conceptualisation of young women’s violence, away from gendered constructs, is required for greater understanding of the issue.

News Media, Crime and Fear of Violence

Finland witnessed a surge in crime news reporting during the 1990s. At the same time, there was a significant rise in the levels of fear of crime reported by surveys. This research examines whether and how the two phenomena: news media and fear of violence were associated with each other. The dissertation consists of five sub-studies and a summary article. The first sub-study is a review of crime reporting trends in Finland, in which I have reviewed prior research and used existing Finnish datasets on media contents and crime news media exposure. The second study examines the association between crime media consumption and fear of crime when personal and vicarious victimization experiences have been held constant. Apart from analyzing the impact of crime news consumption on fear, media effects on general social trust are analyzed in the third sub-study. In the fourth sub-study I have analyzed the contents of the Finnish Poliisi-TV programme and compared the consistency of the picture of violent crime between official data sources and the programme. In the fifth and final sub-study, the victim narratives of Poliisi-TV s violence news contents have been analyzed. The research provides a series of results which are unprecedented in Finland. First, it observes that as in many other countries, the quantity of crime news supply has increased quite markedly in Finland. Second, it verifies that exposure to crime news is related to being worried about violent victimization and avoidance behaviour. Third, it documents that exposure to TV crime reality-programming is associated with reduced social trust among Finnish adolescents. Fourth, the analysis of Poliisi-TV shows that it transmits a distorted view of crime when contrasted with primary data sources on crime, but that this distortion is not as big as could be expected from international research findings and epochal theories of sociology. Fifth, the portrayals of violence victims in Poliisi-TV do not fit the traditional ideal types of victims that are usually seen to dominate crime media. The fact that the victims of violence in Poliisi-TV are ordinary people represents a wider development of the changing significance of the crime victim in Finland. The research concludes that although the media most likely did have an effect on the rising public fears in the 1990s, the mechanism was not as straight forward as has often been claimed. It is likely that there are other factors in the fear-media equation that are affecting both fear levels and crime reporting and that these factors are interactive in nature. Finally, the research calls for a re-orientation of media criminology and suggests more emphasis on the positive implications of crime in the media. Keywords: crime, media, fear of crime, violence, victimization, news

The German Military Entrepreneur Ernst von Mansfeld and His Conduct of Asymmetrical Warfare in the Thirty Years War

The dissertation examines aspects of asymmetrical warfare in the war-making of the German military entrepreneur Ernst von Mansfeld during his involvement in the Thirty Years War. Due to the nature of the inquiry, which combines history with military-political theory, the methodological approach of the dissertation is interdisciplinary. The theoretical framework used is that of asymmetrical warfare. The primary sources used in the dissertation are mostly political pamphlets and newsletters. Other sources include letters, documents, and contemporaneous chronicles. The secondary sources are divided into two categories, literature on the history of the Thirty Years War and textbooks covering the theory of asymmetrical warfare. The first category includes biographical works on Ernst von Mansfeld, as well as general histories of the Thirty Years War and seventeenth-century warfare. The second category combines military theory and political science. The structure of the dissertation consists of eight lead chapters, including an introduction and conclusion. The introduction covers the theoretical approach and aims of the dissertation, and provides a brief overlook of the sources and previous research on Ernst von Mansfeld and asymmetrical warfare in the Thirty Years War. The second chapter covers aspects of Mansfeld s asymmetrical warfare from the perspective of operational art. The third chapter investigates the illegal and immoral aspects of Mansfeld s war-making. The fourth chapter compares the differing methods by which Mansfeld and his enemies raised and financed their armies. The fifth chapter investigates Mansfeld s involvement in indirect warfare. The sixth chapter presents Mansfeld as an object and an agent of image and information war. The seventh chapter looks into the counter-reactions, which Mansfeld s asymmetrical warfare provoked from his enemies. The eighth chapter offers a conclusion of the findings. The dissertation argues that asymmetrical warfare presented itself in all the aforementioned areas of Mansfeld s conduct during the Thirty Years War. The operational asymmetry arose from the freedom of movement that Mansfeld enjoyed, while his enemies were constrained by the limits of positional warfare. As a non-state operator Mansfeld was also free to flout the rules of seventeenth-century warfare, which his enemies could not do with equal ease. The raising and financing of military forces was another source of asymmetry, because the nature of early seventeenth-century warfare favoured private military entrepreneurs rather than embryonic fiscal-military states. The dissertation also argues that other powers fought their own asymmetrical and indirect wars against the Habsburgs through Mansfeld s agency. Image and information were asymmetrical weapons, which were both aimed against Mansfeld and utilized by him. Finally, Mansfeld s asymmetrical threat forced the Habsburgs to adapt to his methods, which ultimately lead to the formation of a subcontracted Imperial Army under the management and leadership of Albrecht von Wallenstein. Therefore Mansfeld s asymmetrical warfare ultimately paved way for the kind of state-monopolized, organised, and symmetrical warfare that has prevailed from 1648 onwards. The conclusion is that Mansfeld s conduct in the Thirty Years War matched the criteria for asymmetrical warfare. While traditional historiography treated Mansfeld as an anomaly in the age of European state formation, his asymmetrical warfare has begun to bear resemblance to the contemporary conflicts, where nation states no longer hold the monopoly of violence.

Effects of an emotional intelligence program in variables related to the prevention of violence

In recent decades, numerous studies have shown a significant increase in violence during childhood and adolescence. These data suggest the importance of implementing programs to prevent and reduce violent behavior. The study aimed to design a program of emotional intelligence (El) for adolescents and to assess its effects on variables related to violence prevention. The possible differential effect of the program on both genders was also examined. The sample comprised 148 adolescents aged from 13 to 16 years. The study used an experimental design with repeated pretest-posttest measures and control groups. To measure the variables, four assessment instruments were administered before and after the program, as well as in the follow-up phase (1 year after the conclusion of the intervention). The program consisted of 20 one-hour sessions. The pretest-posttest ANCOVAs showed that the program significantly increased: (1) El (attention, clarity, emotional repair); (2) assertive cognitive social interaction strategies; (3) internal control of anger; and (4) the cognitive ability to analyze negative feelings. In the follow-up phase, the positive effects of the intervention were generally maintained and, moreover, the use of aggressive strategies as an interpersonal conflict-resolution technique was significantly reduced. Regarding the effect of the program on both genders, the change was very similar, but the boys increased assertive social interaction strategies, attention, and emotional clarity significantly more than the girls. The importance of implementing programs to promote socio-emotional development and prevent violence is discussed.