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This chapter discusses the emergence of crimes against humanity, the main definitional features, and the most important jurisprudence on crimes against humanity. The chapter reviews historic references, the Nuremberg Charter, and evolution through international jurisprudence. The chapter examines the meaning of ‘widespread or systematic attack directed against a civilian population’, including the controversy over the meaning of ‘civilian’ and the many controversies about the ICC Statute Article 7 requirement of a ‘state or organizational policy’. The chapter reviews the jurisprudence on the prohibited acts (also referred to as ‘inhumane acts’), including murder, extermination, enslavement, deportation, forcible transfer, imprisonment, torture, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, other sexual violence, persecution, forced disappearance, apartheid, and other inhumane acts.
Chapter 2 considers the so-called cradle of Christian martyrdom: Second-century Asia Minor. Beginning with an analysis of the economic, political, and social relationships between Christian, Jewish, and Greek social structures in the face of the Roman Empire’s centralization of power, I outline the circumstances of Christian martyrs during the first centuries following Jesus’ death. Using legal statutes alongside letters between Pliny the Younger and the emperor Trajan, I analyze the contours and relative scope and depth of Roman persecution. Through an analysis of the language used by Christian theologians and the period’s popular Acta Martyrum, I consider the way martyrdom was performed in recognition of a separate pax Deorum—agreement with God—that challenged that of the Roman state. I proceed to show how martyrs were interpreted as imitators of Christ’s sacrifice, and the meaning that designation brought to martyrs and their audience. Finally, I highlight the parrhēsia—bold, free speech—demonstrated in martyrdom to articulate the centrality of truth-telling to Christian martyrs, a theme to which I return throughout the book.
The Endangered dhole Cuon alpinus is a medium-sized canid that was historically distributed widely across East, Central, South and Southeast Asia. In Nepal, following heavy persecution during the 1970s and 1980s, the species was locally extirpated across large parts of the country. After decades of near absence, the dhole is reportedly showing signs of recovery in various areas of Nepal. We carried out three surveys using camera traps (resulting in a total of 6,550 camera-trap days), reviewed literature and interviewed herders and conservation practitioners (40 interviews) to determine the historical and current distribution of dholes in the country, and the species’ current status. Our camera traps recorded five images of dholes, and the literature review and interview survey provided further insights into the historical and current presence of dholes in Nepal. The combined findings suggest dholes have recolonized many areas where they had been locally extirpated, such as the Annapurna Conservation Area in central Nepal and the Tinjure–Milke–Jaljale forests in the eastern part of the country. Although these returns are encouraging, challenges remain for dhole recolonization, including conflict with livestock herders, human hunting of wild ungulates affecting the species’ prey base, increasing infrastructure development in forested areas, and diseases.
Shakespeare and George Peele’s Titus Andronicus (1591–94) stages both the proliferating texts and the religious violence of the early 1590s. These years saw a spate of sectarian libels from persecuted Puritans and Catholics alike. In Titus, the marginalized Andronici likewise launch ephemeral scraps of writing into the sky, texts that join appeals for redress with violent threats. These libels bear an especially close resemblance to those scattered in the streets by the Puritan extremist William Hacket and his accomplices in 1591. But the echoes are also cross-confessional, indicating a broader interest in the “manner” of religiopolitical speech. The play folds its topical allegory into a Tacitean-humanist history of political communication: the rise of the emperor, Saturninus, brings about the end of public oratory. Their speech silenced, the Andronici unleash a flurry of texts that takes the Tacitean story of rhetorical decline into its early modern future. By yoking libels not just to the pursuit of justice but also to factionalism and violence, Titus takes a hard look at the viral and virulent media of the late Elizabethan public sphere.
This article examines whether mass deforestation could be prosecuted as a crime against humanity under Article 7 of the Rome Statute. It does so in respect of the situation in the Brazilian Legal Amazon in 2019–2021, where the unbridled exploitation and destruction of the rainforest had a disastrous impact at local, regional and global levels. The article covers three main aspects. First, it explores the existing limits of international criminal law for prosecuting mass deforestation as a crime against humanity, and the contours within which criminalization would be possible. Secondly, it discusses the challenges inherent in the anthropocentric nature of the chapeau requirement of Article 7 for the criminalization of mass deforestation under that provision. Thirdly, it analyses the extent to which mass deforestation could qualify as persecution and/or an ‘other inhumane act’ under Articles 7(1)(h) and (k) of the Rome Statute.
This chapter offers a survey of religious dissimulation in early modern England, where questions concerning its legitimacy were, owing to the unpredictable course of the English Reformation(s), arguably more pressing than anywhere else in Europe. While most Catholic and Protestant theological authorities condemned dissimulation in principle, the practice must have been widespread and was perceived, at least by those in power, as a political reality that could not simply be ignored. This chapter outlines both ecclesiological and political justifications for tolerating those who dissembled their faith and argues that their ambivalent status and the often unstable practices of policing such religious dissimulation should be considered a central aspect of early modern approaches to the problem of religious toleration. Religious dissimulation was a highly controversial practice, and toleration for inward dissent was never a given. Especially in times of political crisis, church and state authorities frequently resorted to aggressive measures to access the secret beliefs of religious dissenters, which belied the Queen’s alleged refusal to make windows into men’s hearts.
There has always been a debate about the location and role of women during the persecution of Christians under Mwanga II’s first reign as Kabaka of Buganda. Kabaka is the Luganda equivalent of the English word king. The debate is partly fueled by a total absence of women from the pictures of Ugandans historically referred to as the Uganda Martyrs. This paper uses archival research to tell the story of an African woman who, in her adult life, married two devout Anglicans, in whose lives she was actively involved, laying a foundation for Uganda’s Anglican tradition. Evidence shows the first Anglican baptism, teacher and burial in Uganda are traced to her first marriage, which ended in early 1884 with the death of her husband from smallpox. Nakimu Nalwanga Sarah would have been the first martyr if not for the timely discovery that she was Mwanga’s relative. Still, as a punishment, she was ordered to witness the cruel burning of the first martyrs on January 31, 1885. She married again in a marriage that produced Uganda’s first catechist, deacon and priest. Her second husband was part of a team that completed the translation of the first Luganda Bible in 1895.
Chapter 5 examines how an essential element of the Refugee Convention definition, namely the ‘well-founded fear of being persecuted’, is applied and interpreted by judicial authorities when appellants flee contemporary armed conflicts. It sets out that only appellants who had experienced past persecution or singling out had their claim examined under the Refugee Convention. The chapter also discusses the finding that although appellate authorities have some awareness of gender norms, these are considered fixed, such that any departure from them is disbelieved and results in a negative risk assessment. Appellate authorities in the EU thus apply a higher standard of proof than warranted in international refugee law. In effect, this has led to a modification of the standard of proof in international refugee law as it is now equated with the assessment of credibility, which itself can be highly gendered. The chapter claims that the practice acts as barrier to the international protection of persons fleeing contemporary armed conflicts. Further, the failure to examine the general conditions of violence in contemporary armed conflicts is contrary to the obligations of states under international law.
Edited by
Dan Chamberlain, University of Turin,Aleksi Lehikoinen, Finnish Museum of Natural History, University of Helsinki,Kathy Martin, University of British Columbia, Vancouver
Mountain areas have faced a rapid increase in human activities over recent decades, often leading to habitat loss or degradation. The impacts of these activities can affect bird species both directly (e.g., by altering habitat characteristics, impacting migration or disturbing breeding or wintering grounds), and indirectly by inducing physiological responses. We summarize the human activities that take place at high elevation and provide examples of species that are known to be impacted. Hiking and winter sports in particular are common in many mountain regions and there is growing evidence of a range of impacts on year-round resident mountain birds and their food resources. Increasing evidence also suggests that use of, and dependence on, human-derived foods around human settlements affects the trophic ecology of high-altitude birds. Hunting mountain birds is common place in many areas, and we review the evidence that hunting activity, including illegal persecution, has had impacts at the population level. Finally, we assess how direct disturbance and habitat alteration due to renewable energy developments (i.e. wind turbines and hydropower) are affecting mountain bird communities. There are many unknown impacts of human disturbance and we highlight missing information on specific topics that should be investigated in future research.
The Taliban's takeover of Afghanistan in August 2021 deprived women and girls of their fundamental rights. The Taliban denied or severely restricted women and girls’ rights to education, work, healthcare, freedom of movement, opinion and expression, and to protection from gender-based violence. This article argues that the Taliban's treatment of Afghan women and girls amounts to persecution, and all Afghan women and girls should be recognised as refugees under the 1951 Refugee Convention. The article further examines the feasibility of prima facie recognition for Afghan women and girls.
So far, female physicians have played a minor role in scientific studies of Nazi victims; this also applies to specialists in pathology. Against this background, the present study examines the biographies of the outstanding Jewish pathologists Rahel Rodler (1878–1944), Ruth Silberberg (1906–97), Lotte Strauss (1913–85) and Zelma Wessely (1914–2004). The focus is on their roles as women scientists and their fateful careers after the Nazi rise to power, embedded in the context of the position of women in medical studies and the medical profession of their time as well as in the subject of pathology. The study is primarily based on archival sources from various German, Austrian and Swiss state and university archives, from the British National Archives and from the National Archives and Records Administration in Washington DC. The paper provides three key findings: (1) The four female pathologists were rare exceptions in the contemporary pathological scientific community with a quantitative share of less than 5%. (2) They experienced discrimination on two levels (gender and ‘race’). (3) Thanks to professional excellence and continued dedication, three of the four female pathologists were able to escape from Nazi Germany and achieve remarkable careers in emigration. It can be concluded that Rodler, Silberberg, Strauss and Wessely rose to female role models and pioneer scientists in contemporary pathology.
Exorcismos de esti(l)o is one of Guillermo Cabrera Infante’s least studied books. It is nevertheless of essential importance for understanding the entirety of his poetics. It is a book that condenses the pain of the ostracism and the betrayal inflicted by the revolutionary regime that Cabrera had so strongly supported. The purpose of this article is to highlight the implicit elements of the text that support this hypothesis. It considers the strategies used by the author throughout Exorcismos de esti(l)o to practice the language with which he obsessively tries to draw, in his novelas del yo, a portrait of a lost and unrecoverable Havana, the hopeful Havana preceding the Cuban Revolution. It is an impossible yet obstinate mission. This is why the texts that articulate the impossibility of representation and the anguish that this mission generates deserve special attention.
Chapter 5 studies the life of the Dominican friars on the English Mission from 1661 to 1850, in London where they were at first welcome at court or attached to embassy chapels, at their family seats, or as chaplains attached to recusant families on rural estates. It shows their normally good relations with patrons, but also their insecurity for most of the period in the absence of sufficient residences with a guaranteed income where one friar could succeed another in the local mission. The friars maintained their Dominican idenity through their liturgy, their spiritual reading, their letters, and meetings. As the Industrial Revolution took hold, they were able to gain more support from ordinary lay Catholics in urban parishes, but also required to fund the construction of new churches and schools, while the lack of recuits required them to withdraw from many missions.
Magic is ubiquitous across the world and throughout history. Yet if witchcraft is acknowledged as a persistent presence in the medieval and early modern eras, practical magic by contrast – performed to a useful end for payment, and actually more common than malign spellcasting – has been overlooked. Exploring many hundred instances of daily magical usage, and setting these alongside a range of imaginative and didactic literatures, Tabitha Stanmore demonstrates the entrenched nature of 'service' magic in premodern English society. This, she shows, was a type of spellcraft for needs that nothing else could address: one well established by the time of the infamous witch trials. The book explores perceptions of magical practitioners by clients and neighbours, and the way such magic was utilised by everyone: from lowliest labourer to highest lord. Stanmore reveals that – even if technically illicit – magic was for most people an accepted, even welcome, aspect of everyday life.
Magic is a constant across the world and throughout time. The place it inhabits in society and how those who practise it are treated are the variables; its presence is never a novelty. While witchcraft is recognised as a phenomenon of the medieval and early modern periods, service magic – performed to a useful end in exchange for a fee, and more common than witchcraft – has been overlooked. This book gathers over 700 instances of magic use in England between the fourteenth and seventeenth centuries to demonstrate the entrenched nature of service magic in premodern society, and explore how it was perceived and incorporated into daily life. Service magic was well established by the time of the witch trials, and was recognised as a useful tool from at least the fourteenth century. It was used to meet needs that nothing else could address, like healing the chronically sick, finding lost goods, ending poverty by locating buried treasure, and kindling love. Though its use was technically illicit, first treated as a moral crime and then a secular one from the mid-sixteenth century, for most people magic was an accepted and even welcome aspect of everyday life.
Groups who are socially excluded often lack a voice, something that holds for people with mental health conditions, especially if these are serious and enduring or if they are part of a socio-economically deprived group or a group that is marginalised because of their social identity. This chapter examines the involvement of people with mental health conditions in political and civic activities and the extent to which their human and civil rights are violated. Whilst there is a lack of studies examining the involvement of people with mental health conditions in these areas, there is nevertheless good reason to believe that they are excluded in this domain. Taking a global view of people with mental health conditions there are clear examples of violations of human and civil rights across the world’s continents. These violations take many forms and cover the following domains of exclusion: poverty, education, employment, personal, family and social relations, violence and persecution, health and access to essential services. Worldwide, people with mental and psychosocial disabilities face injustice and are not free from cruel, inhuman, degrading treatment, and punishment; they also lack the right to participate in the economic, cultural, and social life of their communities.
This chapter examines the importance of family, social networks, social capital, and personal safety to people with mental health conditions and how these are often missing from their lives and replaced by social isolation and loneliness. For people with mental health conditions, social contacts and levels of support play a role in the genesis of their conditions as well as their recovery. People with mental ill-health often lack access to some forms of social capital but may benefit from the buffering effects of other forms. Social interaction may be curtailed by the subjective experiences of the mental health conditions, but also from the stigma and discrimination experienced by people with mental health conditions as personal experience of or fear of crime, aggression, and persecution. These are experiences that can set up a vicious cycle of loneliness and depression and exclusion for social contacts and important sources of support. These mental health and social conditions are unevenly distributed and exacerbated by the nature of the physical and social conditions of neighbourhoods. Whilst communities can be supportive, they may also present unacceptable risks to vulnerable groups in the form of crimes and victimisation.
What is political about political refugeehood? Theorists have assumed that refugees are special because their specific predicament as those who are persecuted sets them aside from other “necessitous strangers.” Persecution is a special form of wrongful harm that marks the repudiation of a person's political membership and that cannot—contrary to certain other harms—be remedied where they are. It makes asylum necessary as a specific remedial institution. In this article, I argue that this is correct. Yet, the connection between political membership, its repudiation, and persecution is far from clear. Drawing on normative political thought and research on autocracies, repression, and migration studies, I show that it is political oppression that marks the repudiation of political membership and leads to various forms of repression that can equally not be remedied at home. A truly political account moves away from persecution and endorses political oppression as the normative pillar of refugeehood and asylum.
This chapter explores how the Germans judged the effectiveness of the ‘Jewish Councils’ in Western Europe throughout the course of the war. Throughout the occupation, the German (and Vichy) departments involved in Jewish affairs increasingly wanted to consolidate their control over the Jewish bodies, either to gain more power at the cost of their rival institutions or to speed up the process of anti-Jewish legislation and persecution. This is important for our understanding of the ways in which these organisations interacted with their German (or Vichy) overseers – including the SiPo-SD, the Commissariat Général aux Questions Juives (in France), the Military Administration (in Belgium and France) and the Civil Administration (in the Netherlands) – and sheds light on the broader dynamics of occupation in each of the three countries. The chapter demonstrates that whereas the Germans were reasonably satisfied with the organisational effectiveness of the Dutch Jewish Council, they took issue with how its Belgian and French counterparts functioned. It is argued that this difference is primarily caused by (limited) cooperation of individual leaders, the (lack of) leaders’ absolute power and the existence of powerful alternative representations in Belgium and France.
Why do autocrats use courts to repress when the outcomes are presumed known from the start? This chapter introduces the puzzle of political trials in autocratic regimes and provides a theoretical framework for rethinking repression from a judicial perspective. I introduce the main theory, which is outlined in three parts: the function of political trials, who goes to trial, and the dynamics of a cooperative judiciary. I then explain the analytical approach and empirical focus of the book: comparative historical analysis of postcolonial regimes in postcolonial Anglophone Africa.