Genocide and the International Court of Justice: Finally, a Duty to Prevent the Crime of Crimes

The International Court of Justice has issued its long-awaited decision in the suit filed by Bosnia and Herzegovina against Serbia and Montenegro with respect to the 1992–1995 war. The decision confirms the factual and legal determinations of the International Criminal Tribunal for the former Yugoslavia, ruling that genocide was committed during the Srebrenica massacre in July 1995 but that the conflict as a whole was not genocidal in nature. The Court held that Serbia had failed in its duty to prevent genocide in Srebrenica, although—because, the Court said, there was no certainty that it could have succeeded in preventing the genocide—no damages were awarded. The judgment provides a strong and authoritative statement of the general duty upon states to prevent genocide that dovetails well with the doctrine of the responsibility to protect.

Defining the crime of aggression : cutting the Gordian knot ?

"Mémoire présenté à la Faculté des Études supérieures en vue de l'obtention du grade de LL.M. en Maîtrise en droit Option recherche"

The perception of racism in ambiguous scenarios

Recent theorising on the nature of racism suggests that over the last few decades it has come to be expressed in more subtle and ambiguous ways because while many Whites proclaim egalitarian values, their cognitions and behaviour are influenced by prejudices that are buried deep in their psyche. This leads to the possibility that those who perpetrate and those who experience racism may have different interpretations of events that involve racism. Essed (1991) has suggested that because they are exposed to racism systematically, those who experience racism are in a good position to detect it if they have both knowledge of normal behaviour for particular situations, and a general knowledge of racism. Using Essed's model of the assessment of racist events, the descriptions of six videotaped ambiguously racist scenarios given by 40 Caucasian students and 40 Asian students were analysed to determine whether situational or general knowledge of racism was evident. Contrary to expectations, the Asian students, who belong to a group targeted with racism in Australia, were less likely to see racism in the scenarios. Finding the scenarios to be acceptable indicated a lack of situational knowledge and, hence, an inability to use general knowledge of racism if it exists. The role of cultural values in the application of situational knowledge is discussed, and further empirical investigations of Essed's model are proposed.

The presence of an-other: the prescience of racism in post-modern times

In this paper, I explore conversations with teachers and parents at one Melbourne secondary school, as the modern definition of identity,defined at the end of the 1980s, took on the fluidity of post-modern definition a decade later. Even as identification seemed contingent and negotiated, and difference seemed to disappear, teachers and parents continued to understand their identity in relation to the ambivalent definition of others. This became increasingly frightening as notions of otherness, and therefore of self, became increasingly fluid and unclear. That which seemed other and outside, now appears as part-of-us and inside-us-all. Even as descriptions of difference, and thereforeidentity, become more fluid, conceptions of otherness – and therefore – self, do not disappear. Prescient manifestations of exclusion and racism are contiguous with, yet in juxtaposition to, older forms.

Who is `us`? Students negotiating discourses of racism and national identification in Australia

This article explores the political beliefs and the forms of reasoning about racism, national identity and Other developed by young Australian women and men from different ethnic and class backgrounds. The interviews on which the discussion is based are drawn from a larger longitudinal study of Australian secondary school students which examines how young people develop their sense of self and social values over time. The present article has two overall purposes: to add to understandings of how the cultural logic of racism functions in one national setting, and to consider political reasoning about race and ethnicity in relation to processes of young people's identity positioning. Three main lines of argument are developed. The first concerns students' positioning of themselves vis-a `-vis the current 'race debate' in Australia, and in relation to us as researchers, including their negotiation of the protocols for speaking about 'race' and racism. This includes consider ation of the methodological and political effects of white Anglo women asking questions about racism and ethnicity to ethnic minority students who are routinely constituted as 'Other': what blindnesses and silences continue to operate when posing questions about racism directly? A second and related focus is the range of emotional responses evoked by asking questions about racism and about an Australian politician (Pauline Hanson), who has been prominent in race debates. Third, the authors examine young people's construction of 'us and them' binaries and hierarchies of Otherness and whiteness. They argue throughout that reasoning about race, national identity and Others, and the taking up of 'political positions', is intimately linked to identity formation and to how we imagine ourselves in the present, the past and the future.

A note on psychoanalysis and the crime of torture

Torture and the legitimate powers of the state - why are psychoanalysts involved - torture can be seen as an information gathering device - psychoanalysis may play a role in the creation of information gathering coercion techniques.

The neglect of racism as an ethical issue in health care

Race and racism has been increasingly implicated in known disparities in the health and health care of racial, ethnic and cultural minorities groups. Despite the obvious ethical implications of this observation, racism as an ethical issue per se has been relatively neglected in health care ethics discourse. In this paper consideration is given to addressing the following questions: What is it about racism and racial disparities in health and health care that these command our special moral scrutiny? Why has racism per se tended to be poorly addressed as an ethical issue in health care ethics discourse? And why, if at all, must racism be addressed as an ethical issue in addition to its positioning as a social, political, cultural and legal issue? It is suggested that unless racism is reframed and redressed as a pre-eminent ethical issue by health service providers, its otherwise preventable harmful consequences will remain difficult to identify, anticipate, prevent, manage, and remedy.

The impact of racism upon the health and wellbeing of young Australians

The Institute for Citizenship and Globalisation at Deakin University has worked in partnership with the Foundation for Young Australians to conduct this research project into the impact of racism upon the health and wellbeing of young Australians. The research has been carried out in eighteen Australian secondary schools in Victoria, New South Wales, Northern Territory and Queensland. Students aged 15-18 were surveyed and interviewed in both the government and Catholic education systems in order to ascertain the experience of racism and racist behaviours among Australian youth and their impact on health and wellbeing. The scope of the research brief included the nature of the racist experience, its setting, the individual and institutional responses and its reporting. The research also aimed to examine the impact of the experience of racism upon the health and wellbeing of Australian youth. A glossary of terms is included in Appendix 1 to assist with the reading of this Report.

Rape in Victoria as a crime of absolute liability : a departure from both precedent and progressivism

In recent decades, a disturbing trend has emerged in Victoria and elsewhere that has witnessed the emergence of statutory rules that accord preferential treatment to prosecutors and complainants in instances where allegations of rape are made. This article examines not only the manifestations of such treatment in the form of Victorian crime legislation, but the means by which the statutory crime of rape in Victoria has been transformed into an offence which, though technically one of mens rea, can effectively be prosecuted as an offence of absolute liability. The piece concludes with a discussion of the likely reasons for this trend as well as the implications of allowing such a serious offence to be prosecuted as one of absolute liability.

The AFL’s indigenous round and the innocent face of racism

The opening of the AFL’s Indigenous Round, the chance for the contribution of Indigenous footballers to the game – both past and present – to be recognised and celebrated was marred by a racial taunt from a young supporter at Sydney’s Indigenous star Adam Goodes.

The impact of racism on parenting and the outcomes of Victorian Aboriginal children and young people

 Commissioned by the Victorian Department of Education and Early Childhood Development