IS309

Question 1

Explain how transitional justice is teleological

Answer 1

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Question 2

Are transitional justice projects new?

Answer 2

No, they are 4 thousand years old

Question 3

Rules of War in ancient Greece

Answer 3

In early ancient Greece, rules of war are used to prevent cutting down olive trees. This was damaging to society due to lack of fats - those who cut down olive trees must be punished.

Question 4

Who created the conceptual framework for Just and Unjust Wars? When?

Answer 4

Aristotle

4th century - 330 BCE

Question 5

Punic Wars

Answer 5

three wars between Rome and Carthage that led to the undisputed dominance of Rome in the western Mediterranean.

Question 6

Aristotle’s Framework for Just Wars

Answer 6

Governments have to develop legalistic narratives for rules of war.
Wars are declared through a legal procedure (Punic Wars)
Votes are held
Raises the question of child sacrifice

Question 7

What is the biggest problem with Rules of War?

Answer 7

an absence of an international authority
ex. the Vatican of Order - Pope in Rome interfering with states, ended up with substantial power. I.e ecclesiastical court/ religious court, serving church interests.

Question 8

Treaty of Tordesillas

Answer 8

Divides the territory of Spain and Portugal to settle conflicts between them.
These terms ended the Vatican Order.

Question 9

Spanish vs. Portuguese stance on slavery

Answer 9

Portugal: People who do not understand the Gospel can be enslaved.
Spain: You cannot enslave people who do not have access to the gospel or instruction in it.
Because of this the only way the spanish got slaves was buying them from the portuguese.

Question 10

Ecclesiastical Courts

Answer 10

15th century Christian/Catholic courts that were religiously bias.

Question 11

What things come up when thinking of War and Law? ie. Rules of War/ Just War

Answer 11

The Vatican Order - Falls apart in 1565
Low end of rules of war - 1763 with a treaty to end the 7 years of war by politically destabilizing the new world
End of Napoleonic Wars - 1814-15, and with it the rise of the Balance of Power Order.

Question 12

Balance of Power Order 1814-1919

Answer 12

Theory of state legitimacy.
Looking towards a reduction of violence.
Only concerned with first tier/core states, except China.
Criteria is developed by Clemens Metternich (foreign minister)
-similar to international laws stance on state recognition: own government/rule, population, territory, and in relation with other states/empires.
Also, the state’s royal family must be able to claim decent from a major european family (every big empire meets this criteria except China and the US)

Question 13

Napoleonic Wars

Answer 13

series of major conflicts pitting the French Empire, led by Napoleon I, against an array of European powers formed into various coalitions

Question 14

Janissary

Answer 14

a member of the Turkish infantry forming the Sultan’s guard between the 14th and 19th centuries.

Question 15

Dhimmi

Answer 15

a person living in a region overrun by Muslim conquest who was accorded a protected status and allowed to retain his or her original faith.

Question 16

Wergild

Answer 16

in ancient Germanic law, the amount of compensation paid by a person committing an offense to the injured party or, in case of death, to his family.

Question 17

Conscription

1859-60

Answer 17

Forced military service. Civilian’s go to war involuntarily. The federal government enacted forms of conscription in both world wars, creating sharp divisions between anglophones, who tended to support the practice, and francophones, who generally did not.
- breaks down after Vietnam in 1960s

Question 18

Geneva convention

Answer 18

treaties on the treatment of civilians, prisoners of war (POWs) and soldiers who are otherwise rendered hors de combat, or incapable of fighting.

Question 19

Lieber Code

1863

Answer 19

Instructions for the Government of Armies of the United States in the Field, signed by Lincoln to the Union Forces of the United States during the American Civil War that dictated how soldiers should conduct themselves in wartime.

Question 20

League of Nations

Answer 20

establishment of International Criminal Court (ICC), proposed by Woodrow Wilson
18 years creating a revised set of rules of war
WWII happens and LON fails

Question 21

International Military Tribunal for the Far East (IMTFE)

Answer 21

Tokyo War Crimes Tribunal - 1946

Tried the leaders of the Empire of Japan for three types of war crimes.

Question 22

What was the first international organization?

Answer 22

The world Bank.
Although the UN existed at the time, they only consisted of UK, USA, and USSR until they believed it was the right time to bring others in.

Question 23

The United Nations Security Council (UNSC)

Answer 23

In charge of the enforcement of all international treaties.

Question 24

International Law Commission (ILC)

Answer 24

Developed by the UN general assembly.
UNGA examined legal frameworks and recommended changes to improve the law.
ILC created proposal for ICC which took 55 years for approval with UN.

Question 25

Global Convention Against Genocide (1948)

Answer 25

The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG)

• adopted by the United Nations General Assembly
• can only be used as law against countries who have ratified it
• today over 1 billion people live in countries that have not ratified this convention.

Question 26

Third World Movement

Answer 26

AKA. Non Aligned Movement

- Afro-Asian nations in Bandung Conference.

Question 27

The Bandung Conference

1955

Answer 27

The first large-scale Asian–African or Afro–Asian Conference was a meeting of 29 Asian and African states, most of which were newly independent, which took place in Bandung, Indonesia.
Aimed to promote Afro-Asian economic and cultural cooperation, and to oppose colonialism and neocolonialism by any nation

Question 28

1st, 2nd and 3rd Worlds in terms of alliance rather than economic standing.

Answer 28

1st World: Countries aligned with the US
2nd World: Countries aligned with USSR
3rd World: the rest..

Question 29

Proxy War

Answer 29

Covert military aid given by countries with self-interest - often Russia or USA

Question 30

Caudillismo

Answer 30

a system of political-social domination, based on the leadership of a strongman, that arose after the wars of independence from Spain in 19th-century Latin America.
- the system was used as a model for US government in post-colonial Asia and Africa

Question 31

United States and decolonization

**The beaurracritization of charisma

Answer 31

The emergence of authoritarian leaders with private armies who were rewarded in a spoiled system.
Trained troops based on american norms - ex. facilitated regime change and enhanced interrogation techniques
Maintained control through torture and terror implemented by followers.
Chose charismatic strong men close to the military to use during proxy wars.. used men to engage in illegal practices (against international law)

Question 32

The USSR and decolonization

Answer 32

sought a charismatic leader of a vanguard party whose most powerful wing is the military wing.
interested in larger militaristic organizations, and used forms of terror that are prohibited under international law
- favouring mass executions rather than torture
1950-60s huge scale US and Russian investment on the creation of third world politics that is based on autocracy and terror.

Question 33

Rogue States

Answer 33

States that are creating problems that are ungovernable by the USA and USSR and are interfering with neighboring states.
Ex; Uganda - Idi Amin
Cambodia - Pol Pat
**Upsets the super powers that created this situation.

Question 34

Show Trial

Answer 34

a public trial in which the judicial authorities have already determined the guilt of the defendant.
its goal is to present the accusation and the verdict to the public as an impressive example, and as a warning to other would-be dissidents or transgressors.
retributive rather than correctional justice
conducted for propagandistic purposes.
The term was first recorded in the 1930s

Question 35

Nuremberg Trials

Answer 35

demonstrates a new embrace of the show trial
Ideas of proxy guilt and collective guilt.
Most people go unprosecuted and that is a feature of transitional justice.
Large scale immunity/amnesty for those who committed offences
Key Factor: • the incorporation of bad and upsetting events into official public memory and services. * the victims are heard, potential lessons to prevent future atrocities.

Question 36

Non-punitive fact-finding

**elements of Transitional Justice

Answer 36

Seen in many transitional justice commissions and tribunals.
Ex. Truth and Reconciliation Commission of SA
Culprit admits to the crime and is granted immunity in exchange for the detailed truth of their crimes.

Question 37

Non-punitive fact-finding benefits

Answer 37

the more facts exposed the more material prosecutors/judges/interveners have to work with
assists with future sociological research/studies of what created the situations, subsequently how to avoid them in the future

Question 38

How do Rules of War converge with Transitional Justice?

Answer 38

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