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training-philosophy-eppprfmhb-pro04b | Religious extremism is not currently considered ‘legitimate’. The community at large have a great disdain for terrorism and similar activity and mainstream religions desperately try to disassociate themselves from extremism, all the while condemning it. [1] The opposition believes that this good will be so barely perceptible that it does next to nothing to outweigh all the harms that this legislation will bring. [1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996. |
training-philosophy-eppprfmhb-pro03a | Relationship between state and organised religion. Currently, the state and organised religion are often seen as diametrically opposed. [1] For example the state often worries about the threat of religious extremists. This causes a lot of tension between the government and religious communities within the country, as well as between the state and states which hold religion more highly. As the Bishop of Liverpool puts it “Church and politics are not two parallel lines; rather they are two live wires, side by side, which when they touch should ignite and explode.” [2] Thus when Rowan Williams suggested Sharia might be accommodated his comments created a political storm. This legislation would show that we do value and respect religious freedom and rights and would improve our relationships on both of these fronts. [1] Gay, Kathlyn. “Church and State.” Millbrook Press 1992 [2] The Bishop of Liverpool, ‘Church and Politics: “My Kingdom is not of this world” Really?’, St Wilfrid Lecture, 18th February 2010. |
training-philosophy-eppprfmhb-pro04a | Delegitimises religious Currently, bombings and attacks in the name of religion are a big problem. These are mostly caused by people feeling that their religion is being discriminated against. [1] For example Dr Williams, the Archbishop of Canterbury believes that "There's a place for finding what would be a constructive accommodation with some aspects of Muslim law, as we already do with some other aspects of religious law." He believes this would help maintain social cohesion because Muslims would not need to choose between "the stark alternatives of cultural loyalty or state loyalty". [2] If the government is seen to be supporting all religions then these attacks will lose their credibility and will inevitably be reduced in both severity and frequency. [1] Iannaccone, Laurence R. “Religious extremism: Origins and consequences” Contemporary Jewry. Volume 20. 1996. [2] BBC News, ‘Sharia law in UK is ‘unavoidable’’, 7 February 2008. |
training-philosophy-eppprfmhb-con03b | This treats everyone the same rather than treating people differently. The proposition does not accept that people will perceive this as one set of rules for one group of people and another set of rules for another. This legislation does not create divisions in society but relieves them by ensuring that everyone is allowed to practise their religion to the fullest extent that they wish to. The status quo is that some religious groups are allowed to practise their religion to its fullest extent and others are not. The proposition believes that this is far more divisive than this legislation. |
training-philosophy-eppprfmhb-con02a | Makes the affected laws effectively inoperable in their totality. If people wish to carry knives in public or smoke marijuana, the rational thing for them to do under this legislation is to falsely claim to be Sikh or Rastafarian respectively so that they are not subject to these laws. This logic applies to all laws affected by this legislation. The government would first have to work out what religions count for this legislation, the government would likely want to exclude at least some extremist cults and would not want to allow individuals or small to make up their own religions. Equally problematic would be that the government would need to regulate what all these beliefs are so as to prevent new beliefs from springing up to get around laws. The government would then have to work out ways of working out if someone is legitimately part of a religion or not, this would be practically impossible. The ultimate effect would be that all laws affected by this legislation would be so easy to get around that they may as well not exist. Instead the government should look to accommodate religious values within British law by making the necessary changes in specific instances rather that introducing a carte blanche to override the laws of the land. [1] [1] Petre, Jonathan et al, ‘Bishop: Impossible to have sharia law in UK’, The Telegraph, 8 February 2008, |
training-philosophy-eppprfmhb-con01a | Sets a standard for religion as it being above the law. This legislation essentially indicates that anything to do with religion is not subject to the same laws as everyone else and removes the state from his position as ultimate authority over its subjects. The limits will be very difficult to draw – there are some things that everyone would agree is based upon religious belief such as the Sikhs carry knives but there may be other cases where a minority of the religion believes that something is required by their religion, should this still be allowed? Similarly would this apply to every single religion and sect or would the state have to define what it counts as a religion and limit it only to major religions? By extension, this legitimises actions like honour killings, which are killings done in the name of religion. Although they would not be directly allowed by this legislation, they would be implicitly encouraged and those carrying it out would try to claim that it was carrying out a religious belief in order to get protection from the law. Already 1 in 10 young British Asians back honour killings, they do not need any encouragement from changes to the law like this. [1] [1] BBC News, ‘One in 10 ‘backs honour killings’’, 4 September 2006. |
training-philosophy-eppprfmhb-con02b | This harm can be avoided very easily. Avoiding these laws becoming completely inoperable would actually be quite simple. People who observe nothing but the potentially illegal parts of the religion would not be considered part of that religion, particularly if they only began identifying as part of that religion once this legislation was passed. |
training-philosophy-eppppghwe-pro03b | People are intelligent enough to recognize whether a representative is benefiting them or not. They will not vote for someone who is using his privileged position in the legislature to enrich himself or build a fiefdom of influence. Rather, legislators will only be able to stay in office so long as they do what their constituents want. If legislators are maintaining their power by other means, such as institutionalized corruption and force, it is not because there are no term limits on them, but rather because of other fundamental problems of government in those states. |
training-philosophy-eppppghwe-pro01b | If people wish to pursue a career in politics, then it is their right to do so. There is nothing wrong with career politicians so long as they obey the will of their people and accurately represent the desires of their constituents. While there should be no bar to people seeking to enter politics on a temporary basis, placing that form of political participation over a more lasting one makes no sense. Furthermore, career politicians have valuable experience that can be extremely useful in the forming of legislation and the conducting of public business. Term limits destroy this valuable resource by casting people out of the halls of government at a fixed point, regardless of the worth they might still impart to the legislative process. |
training-philosophy-eppppghwe-pro03a | The longer a politician remains in office, the more entrenched his grip becomes, and the more likely he is to use his office to his personal advantage: Power is highly intoxicating; it can corrupt even the most scrupled individual given enough exposure over time. For this reason, power should not be left in the hands of specific individuals for too long. When a politician is firmly entrenched, he may seek to enrich himself at the expense of the public. He may seek to shower benefices on family and allies in order to maintain and strengthen his powerful position. Without term limits legislators often become self-serving individuals, more interested in craving out personal power bases than with serving the people who elected them. Because legislators are so likely to be reelected, lobbyists and special interest groups find the lines of power in states' capitals largely predictable, and are thus able to buy the influence of the permanent power nexuses in the legislature with relative ease1. Term limits serve to limit the ability of individuals to put forward self-serving legislation and to retain power indefinitely 2. Instead, by maintaining term limits, legislators have only a limited time in power, which tends to shift their focus toward genuinely benefiting the public. 1 Bandow, Doug. 1995. "Real Term Limits: Now More Than Ever". Cato Institute Policy Analysis. 2 Green, Eric. 2007. "Term Limits Help Prevent Dictatorships". America.gov. |
training-philosophy-eppppghwe-con04a | Term limits tend to increase partisanship between political parties and factions: Term limits on legislators serve to exacerbate partisan tensions between political parties1. This is due to several causes. First, the increased iteration of primary elections, caused by politicians being forced out of office by term limits, in which there tends to be low voter turnout, and higher voter apathy when they happen to regularly. This leads to the selection of more conservative candidates from the right, and more radical candidates from the left. These more opposed groups forming large portions of political parties' representation will lead to more tension in the legislature. Second, newly elected politicians are often more likely to readily take the party whip when they enter the legislature. These results in more disciplined voting, which restricts the ability of moderates on either side to build consensuses on legislation. Third, the ability to build consensus and support from other parties relies on experience and deft political acumen, which are usually garnered through lengthy participation in the legislative process.2 Term limits exclude many skilled politicians from being able to use their expertise in the building of such consensus efforts. Fourth, concerns for their post-legislative career can lead to greater partisanship from retiring legislators. This is due to their need to court appointments to positions at party-affiliated, or party-leaning, think tanks, and on corporate boards favorable to their party. All of these factors lead to a less cooperative legislature when term limits are instituted. 1 Marcus, Andrew. 2010. "Dodd and Other 'Retiring' Democrats Show Why Term Limitsare a Bad Idea". Big Government. 2 Kouser, Thad. 2004. Term Limits and the Dismantling of State Legislative Professionalism. Cambridge: Cambridge University Press. |
training-philosophy-eppppghwe-con03a | Experienced legislators who understand the workings of the legislative system are needed for their expertise and wisdom: The process of drafting legislation and shepherding it through the legislature often requires a delicate and practiced hand, especially when the issue under discussion is of a controversial nature. By forcing politicians out of the legislature on the basis of term limits, the depth of knowledge and experience available to the assembly is reduced, often to its serious detriment [1] . Seasoned politicians are also needed to help newcomers acclimate to the environment of the legislature; something first-time elected individuals are completely unused to. Naiveté on the part of new policymakers who are unused to the system will leave them vulnerable and exploitable. Lobbyists and special interest groups will seek to influence politicians while they develop their first impressions of life in the legislature, and will immediately capitalize upon any perceived vulnerability. Luann Ridgeway a Republican senator in the Missouri senate argues that term limits mean “we rely more on the trustworthiness of those established -- government relations individuals and staff persons -- because we have to”, [2] this would include more taking advice from the long standing lobbyists. Furthermore, legislation often requires lengthy periods of negotiation, that require not only the experienced hand of long-standing legislators, but also the continuity they offer. If legislators are constrained by term limits their time horizons are narrowed causing them to put too much emphasis on near-term, rather than long-term legislation. Clearly, term limits undermine the effective operation of government and deny the legislature an invaluable source of experience and ability. [1] Kouser, Thad. 2004. Term Limits and the Dismantling of State LegislativeProfessionalism. Cambridge: Cambridge University Press. [2] Coleman, Emily and Bushnel, Michael, (2009). “Legislators attribute heightened partisanship to term limits”, Missourian, 16th May 2009 |
training-philosophy-eppppghwe-con04b | The dynamics of party primaries are not the same in all jurisdictions, and efforts at promoting moderate and capable candidates can still be made after the institution of term limits. Furthermore, new politicians may in fact be more willing to work on bipartisan projects, as they are not inculcated in the culture of confrontation that predominates between political parties in many legislatures. For this reason politicians of longer standing might actually be a hindrance to bipartisan compromise. It is far better to allow for a preponderance of political views by making the legislature more open. The best way to accomplish this is clearly to impose term limits. |
training-law-hrpthwuuavs-pro02b | It is wrong to simply make drones “a default strategy to be used anywhere”. Yes some of the time drones will be the right choice for catching terrorists and other militants but much of the time they won’t be. Instead of spurning institutions like the ISI and Pakistan’s Military we should be relying on them to fight extremism. This targeting of terrorists is happening in other countries sovereign territory. Their sovereignty should be respected wherever possible meaning that the Pakistanis, the Somalis and the Yemenis should be the ones who carry out these engagements. Again here there is the difficulty of not knowing how many were killed in drone strikes (see counter to prop 1). We cannot compare other types of strikes unless we have more reliable figures. This is something that sending special forces in would help with; they would have much more accurate figures of who they kill and could check whether they really killed the person they were supposed to be targeting. This would prevent any attempt to inflate the kill count through including those they are not sure of as terrorists. [1] [1] Becker, Jo, and Shane, Scott, ‘Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will’, The New York Times, 29 May 2012. |
training-law-hrpthwuuavs-pro01b | Because drones are not on the ground and can’t check the identities of those who are killed there is no way of knowing if they really do cause less civilian casualties; what the proposition calls ‘collateral damage’. We also do not know what damage would be caused by other forms of attack on the same targets. It is however definitely open to question whether these attacks really do cause less civilian casualties. Local activists believe that around 3,000 people have been killed in Waziristan of whom only 185 were named al Qaeda operatives – a very poor ratio of 16 civilians for every al Qaeda man killed. [1] The Brookings institution meanwhile estimates that for every al Qaeda and Taliban militant killed there are ten civilian casualties. [2] If either of these estimates are anywhere near the mark then there are very large number of civilian casualties, much higher than proposition believes, and probably higher than other forms of strikes would cause. [1] Shackle, Samira, ‘Drones and the “bugsplats” they cause’, New Statesman, 13 June 2012. [2] Byman, Daniel L., ‘Do Targeted Killings Work?’, ForeignPolicy.com, 14 July 2009. |
training-law-hrpthwuuavs-con01b | Getting special forces or allies on the ground is not always an option. In countries like Somalia and Yemen where there have been conflicts between factions the authorities will not always cooperate and even if they do they may not control the territory where the strike team would need to operate. There will also be many times where it is simply too dangerous to try and snatch someone. If that person is a danger they need to be stopped in the quickest way possible; and that will be by the use of the UAV that is already far above monitoring the target. |
training-law-hrpthwuuavs-con02b | It is absolutely not the case that UAVs will mean unnecessary attacks that would not otherwise be made; all the targets are checked by a large number of national security experts and the attacks are signed off by the President himself. The attacks are therefore taken very seriously by the administration. Moreover that the attacks are low cost is exactly what we want – the capability to strike our enemies without losses to ourselves or any collateral damage should be prized not shunned. |
training-law-cppsmhbhce-pro02b | This again assumes that there is no additional harm attached to the perpetrating of such a crime by an individual who holds these ideas, which there demonstrably is (though the inflicting of terror on one specific community). Moreover hate crimes themselves are a violation of the right to freedom of speech; a person does have the right to express themselves, but not in a way that would prevent others from exercising their own rights. A hate crime is the ultimate attempt to limit another's freedom of expression. A hate crime is an attempt to silence the very idea that a particular person has the right to exist or to live a particular lifestyle. Therefore, in order to uphold the first amendment, hate crime enhancements are not only just, but are in fact necessary. |
training-law-cppsmhbhce-pro03b | In almost every case where hate crimes are committed, the communities involved already perceive themselves as distinct and opposed, mostly because they already believe that their communities have been sundered by structural inequalities and hate-motivated crimes. Simply ignoring hate crimes will not make these communities stop perceiving them. Rather, it could lead to some communities feeling that their concerns and grievances are not being properly addressed, and lead to more inter-community violence as they seek to ensure 'justice' is done by their own hands. |
training-law-cppsmhbhce-pro01a | Hate crime enhancements unfairly punish equal offences differently Hate crime enhancements are unjust because they respond to two equal results (i.e. assault vs. racial mugging) with different punishments. We need to judge solely on the concrete actions of the aggressor in order to prevent punishments from being based on arbitrary judgements as to an offender’s “intent”, which can be very difficult to prove. Otherwise “intent” may be supposed or argued in cases where it did not exist, leading to perverse sentencing whereby a crime is punished more harshly despite the true absence of intent. There is a danger of unjustly branding someone as bigoted and punishing them excessively, e.g. for their involvement in a bar fight where the victim coincidentally belonged to a minority group. Juries might also be willing to make the logical leap that, because the aggressor was proved to hold bigoted views in general towards his victim's ethnic group, these views must have motivated his actions in this individual incident, despite the absence of any evidence linking the specific brawl in a bar to the aggressor's views. Therefore it is unjust to punish two crimes with equal effects differently on the highly subjective basis of “intent”, and thus hate crime enhancements are unjust. |
training-law-cppsmhbhce-pro03a | Hate crime enhancements cause inter-community tensions By defining crimes as being committed by one group against another, rather than as being committed by individuals against their society, the labelling of crimes as “hate crimes” causes groups to feel persecuted by one another, and that this impression of persecution can incite a backlash and thus lead to an actual increase in crime.(1) These effects spread beyond the hate crimes themselves. By prosecuting high-profile cases of white hate crimes against blacks, for example, it encourages blacks to see themselves as part of a distinct community different from the white community and whose relations are marked by crimes committed by one against the other. This is especially true when one community seems to perpetrate more hate crime (or at least more convictions thereof are secured) against another community than visa-versa. An analysis of hate crime date from the USA examining how hate crimes against whites are viewed with respect to hate crimes against blacks has hypothesised that the prevailing view in the minds of the public is that the crime that whites are most likely to commit against blacks is a hate crime, and that it is hard for most Americans to envision a white person committing a crime against a black person for a different reason. The only white people who commit crimes against black people, goes the public belief, are racially prejudiced white extremists, and in contrast the very idea of hate crimes committed against whites is met with scepticism and disbelief.(2) There have been several high-profile cases in the USA where some individuals have argued actual hate crimes against whites were not treated as such as a consequence of such public disbelief.(3) This can lead to an unjust situation where hate crime enhancements are (or are perceived as being) only applied “against” one community by another, despite hate crimes actually being committed by individuals within both communities against other individuals. Therefore hate crime enhancements are unjust. |
training-law-cppsmhbhce-con03b | Victims of violence may be prone to accusing their assailant of hate-motivated crimes. Victims frequently seek revenge, and hate crime laws create a very easy avenue for doing so. Thus hate crime enhancements may serve to fuel the fires of inter-community tensions as people perceive them as being used to exact communal vengeance. |
training-law-cppsmhbhce-con02a | Hate crime enhancements help prevent hate crimes The additional punishment given to hate crimes under enhancements can help deter people who hold hateful views from acting on them, as they fear going to prison for any amount of time, and so any additional punishment affects their risk calculation before they commit a hate crime. Moreover, increased punishments help prevent those who have perpetrated hate crimes from re-offending through rehabilitation in prison. In cases of crimes motivated by deep hatred, rehabilitation may require increased time and increased effort in order to provide criminals with the correct focus and concentration, and a longer sentence is necessary for this to happen. Hate is not an essential human trait, we are not born hating people, it is a learned factor that can be unlearned when correctly rehabilitated. Therefore hate crime enhancements are just because they help prevent hate crimes and help prevent hate crime recidivism. |
training-law-cppsmhbhce-con01a | Hate crimes uniquely harm through terror Hate crimes should be given a more severe penalty because the harm done to the victim and society is greater. Given that the intent of hate crimes is more malicious than simple premeditative murder; it is just to enhance hate crime laws to reflect stronger punishment. Hate crimes don't merely victimize the individual upon whom violence is inflicted, they also victimize a community or minority group that the hate crime was intended to terrorize. This is why hate crimes frequently include highly public acts such as lynchings in town squares, dragging hate crime victims behind cars along streets inhabited by certain communities, and graffiti on significant buildings -they are intended to send a message. Hate crime-delivered messages limit the freedom of expression and group association of the victim community, thus violating their liberties. For this reason, hate crimes have more victims than other crimes, and subsequently deserver greater punishment. Moreover, as hate crimes are generally perpetrated against minority groups, and because these minority groups are always in a state of social disenfranchisement; it could be argued that hate crime enhancements are the state's way of attempting to arbitrate equality to minorities by compensating them with laws that will better favour their interests, thus forcibly "balancing the scale" of social equity. |
training-law-cppsmhbhce-con02b | It isn't necessarily true that hate crime enhancements really do deter hate crimes or help fight recidivism. Those committing hate crimes would face significant deterrents (in the form of legal sanctions, including prison time) for the crimes they commit even without the enhancements, so it seems unlikely that the addition of a few more years on their sentence, for example, would make a large difference to them when considering committing a crime. Moreover most hate crimes are based on irrational hatred and prejudice, and thus are unlikely to be rationally considered in a risk analysis as this argument supposes. In terms of rehabilitation, it should be noted that prisons are frequently places of racial and sectarian tension, with violent prison gangs built on ethnic and other identities, and thus hardly seem the place to counteract such prejudices.(4) |
training-law-hrpghwicic-pro03b | Many illegal immigrants already take steps to avoid official identification. For example, they frequently take jobs which pay cash-in-hand [1] so that they do not have to set up and authorise a bank account, or have a social security number. There is not reason why this would not continue. Moreover, this measure simply provides more fuel for injustice. These is already a problem of police officers targeting minority groups for ‘stop-and-search- checks [2] ; under this motion, this injustice would be amplified under the guise of checking for illegal immigrants. This measure is contradictory to the notion of democracy. [1] BBC. ‘The British illegal immigrants’. Published 02/02/2005. Accessed from on 10/09/11 [2] BBC. ‘Police stop and search powers ‘target minorities’. Published 15/03/2010. Accessed from on 10/09/11. |
training-law-hrpghwicic-con03b | While these crimes are obviously a problem, it doesn’t mean that other crimes which can be challenged by this scheme should be allowed to continue. Identity cards would at least make it more difficult for fraud to occur, which in cases of petty criminals would provide an active deterrent for them to try it in the first place. |
training-law-hrpghwicic-con04b | This point alludes to a potentially tiny minority of incidents. It is likely that most people, realising the importance of their card, would not lose it. In cases where it is used properly, it could be an enormous benefit to the user and increase their convenience. |
training-law-hrpghwicic-con02b | If anything, this is a reason to introduce better police training, not to abandon the concept of identity cards altogether. An unfortunate fact is that immigrants, who often come from poor backgrounds or have low levels of education, are more statistically likely to be involved in crime [1] . This ‘disproportionate’ [2] level of crime among immigrants provides a reason for the seemingly disproportionate targeting of minority groups by police authorities. [1] Accessed from on 10/09/11. [2] Accessed from on 10/09/11. |
training-law-ucgtlilhwtd-pro02a | The desecration and destruction of cultural property is often discriminatory and attacks peoples’ identity. Items and sites of cultural heritage are often destroyed for discriminatory and oppressive reasons. The Maoist onslaught on all “old” aspects of Chinese culture is a prime example while the destruction of the Buddhas of Bamiyan in Afghanistan by the Taliban in 2001 is another recent example. These were violent, ideologically driven attacks on the part of the state against segments of that states own society. The Buddhas of Bamiyan were destroyed by the Taliban simply because they were not part of the Islamic society they were trying to create. Such explicitly discriminatory attacks are particularly harmful to cultures that are the victims of the attacks for two reasons. Firstly because the cultural property in question has increased cultural, religious or historical value for them, and secondly because such discriminatory acts attack the very identity of people part of that cultural group. The international community has a duty to protect cultural groups (especially minority groups) from discrimination. The international community in the form of the United Nations General Assembly has recognised attacks on religious sites as being discrimination based upon belief.[1] Moreover, the ICTY treated discriminatory attacks against cultural property during the break-up of Yugoslavia, as a crime against humanity. Once again, therefore, international precedent facilitates the prosecution of those responsible of those responsible for the desecration or destruction of cultural property. [1] United Nations General Assembly, ‘Elimination of all forms of intolerance and of discrimination based on religion or belief’, 19 December 2006, Resolution 61/161, |
training-law-ucgtlilhwtd-pro03b | The kinds of people or groups that attack and destroy sites of cultural heritage are not likely to care much about international law. If anything, making the destruction of cultural property a crime against humanity would further radicalise extremist groups. One only has to look at the proposition’s example of the destruction of the Bamiyan Buddhas to see this point. The Taliban ordered their destruction in direct defiance of international law, but what’s more, they did it as a direct response and retaliation to sanctions imposed upon them by the international community for hosting and fostering terrorist training camps. [1] A similar sort of retaliation may occur if threats were to be made explicitly regarding the treatment of cultural property. This would then put more precious cultural property in danger. In respect to the example of US forces in Iraq, their actions would not actually fall under crimes against humanity even under this proposition anyway. Setting up a base in an archaeological site would not be a crime against humanity, while small scale damage would not either, so it is unclear what effect the proposition will have. [1] Francioni, Francesco and Lanzerini, Federico: “The Destruction of the Buddhas of Bamiyan and International Law”, EJIL (2003), Vol. 14 No. 4, 619–651, Oxford Journals, |
training-law-ucgtlilhwtd-con02a | Military objectives are more important than that of protecting cultural property. Ultimately the debate between conservation of cultural heritage and the need to secure a military advantage in times of conflict, comes down to a comparison of two different kinds of goods. One the one hand we have cultural goods that are beneficial for aesthetic and educational purposes, and on the other we have more tangible goods that are often sough through military endeavours. When the latter are particularly pressing and important goods, such as the need to prevent genocide, or distribute famine relief or defend one’s security, these benefits far outweigh the benefits of preserving our world cultural heritage. Although it is regrettable that cultural property of significant value may be damaged, it is incomparable to the damage caused by mass killing of individuals or mass curtailing of human rights. The safeguarding of basic human rights such as the right to life, the right to be free from fear, enslavement or torture etc. is a prerequisite for one to be able to appreciate and learn from items, sites and monuments of high cultural and historical value. For these reasons, military and humanitarian objectives must come first, ahead of the need to safeguard cultural property. |
training-law-ucgtlilhwtd-con01a | Making destroying cultural heritage a crime against humanity would create severe strategic disadvantages for our armed forces. The current UNESCO conventions are correct in allowing for the possibility of a waiver on our international duty to protect cultural property should a case of military urgency arise. The Proposition argue for the implementation of overly-rigid international legislation. Although, of course, world cultural heritage should be protected, it is short-sighted to not even allow the possibility of military necessity to outweigh our duty to protect high-value cultural property. The UNESCO conventions already dictate that one can only be justified in attacking or targeting a site of cultural heritage if ‘there is no feasible alternative available to obtain a similar military advantage’ [1] Therefore, the proposition are only making a difference to cases where there is no feasible alternative available. This could prove disastrous and create a significant limitation on the capacity of a state’s armed forces. The danger becomes increasingly apparent when one considers that it is highly unlikely that extremist opposing forces and insurgents like the Taliban will adhere to such international law. This is particularly crucial given that the majority of wars fought now by the west are against insurgencies. Such opposing forces will disregard the new international law and endeavour to exploit this to gain a strategic advantage over Western forces. Insurgents may deliberately choose to hide, locate their base or just pass through sites of high cultural value to ensure their safety from western airstrikes and attacks. Allowing this to take place would severely hamper the ability of the west to fight against insurgencies (an already incredibly difficult task in itself). For example in 2000 Lashkar-e-Toiba militants attacked the Red Fort, which was at the time was in part a barracks for the Indian army, killing three in a shootout within the fort. [2] The Red Fort is itself today a world heritage site; would this mean that were a similar attack to happen the Indian security services could do nothing to counter the attack? [3] [1] UNESCO, “Declaration Concerning the Intentional Destruction of Cultural Heritage”, 17 October 2003, accessed 20/9/12, [2] BBC News, ‘Police hunt Red Fort raiders’, 23 December 2000, [3] UNESCO, “Red Fort Complex”, |
training-law-ilphbined-pro03b | Precisely because many rank and file perpetrators are easily controlled or manipulated by group leaders, their criminal responsibility is diminished. While Article 26 of the Rome Statute prevents prosecution of those under 18 years of age, this is designed to prevent injustices towards those who are often themselves victims of those in command. Article 33 specifically rejects the ‘Nuremberg defence’ that following orders absolves a person from criminal responsibility. But in keeping with International Humanitarian Law (Rule 155 of Customary IHL), child soldiers should not be prosecuted for crimes committed under severe coercion by leaders. Prosecuting those responsible for that coercion is the most powerful deterrent. [1] [1] IRIN News, "Should child soldiers be prosecuted for their crimes?" |
training-law-ilphbined-pro03a | As the ICC intentionally limits its prosecutions to group leaders, many of those who actually commit atrocities need have no fear of prosecution By prosecuting only those leaders deemed ‘most responsible’ for the crimes in question, the ICC is effectively allowing lower-ranked perpetrators to commit crimes with impunity. These rank and file troops generally have little awareness or understanding of international criminal laws. Furthermore, just as local domestic laws fail to deter offenders who often commit crimes with little thought of being punished, distant ICC threats are even less likely to deter those whose actions are easily manipulated and controlled by militia leaders. Child soldiers, in particular, have often been drugged before going into combat. [1] [1] Mullins & Rothe, pp.782-4 |
training-law-ilphbined-con03b | Many of those 122 States Parties have repeatedly shown their reluctance to co-operate with the ICC. Among the African Union states, only Botswana has shown its complete commitment to the Rome Statute. It appears that even South Africa may ultimately be more supportive of the AU than the ICC. [1] [1] Miruthi , p.4 |
training-law-ilphbined-con01b | The actions by Columbia and Sri Lanka do not alter the fact that, as noted earlier, the recruitment of child soldiers in Africa and elsewhere is still endemic in 2013. And while the Lord’s Resistance Army and its leader Joseph Kony have indeed been muted, that is largely due to the initiative of the U.S. government which has itself refused to ratify the ICC’s Statute. [1] [1] Schomerus, Allen and Vlassenroot |
training-law-ilphbined-con03a | The ICC’s widely endorsed authority extends its deterrent effects. The ICC’s investigative and prosecutorial powers are endorsed by 122 States Parties to the Rome Statute. This broad reach and agreement not only provides a strong disincentive for individuals and groups who would attempt to evade prosecution, but also has the effect of deterring states that might otherwise ignore the Court’s authority. Furthermore, even non-member states have recognised the importance of co-operating with the Court’s investigations. In 2013, one of the most wanted war criminals, Bosco Ntaganda was forced to surrender to the ICC while hiding in Rwanda. Though a non-member state, “Rwanda's aid-dependent economy was damaged by the allegations of links to Mr Ntaganda's rebels.” [1] [1] The Economist |
training-law-ilphbined-con01a | The ICC’s investigations have already deterred potential crimes. There is compelling evidence that the ICC’s past or current investigations have caused potential perpetrators as well as those already indicted, to abandon their plans. For example, as the ICC’s first Prosecutor noted, even before the Court had convicted Thomas Lubanga for the recruitment of child soldiers, its African investigations were enough to prompt responses in Columbia and Sri Lanka, resulting in children being released. [1] At the same time, there has been a notable decrease in crimes by those already under investigation, such as the Lord’s Resistance Army in Uganda. [2] [1] ICC Prosecutor's Address to Council on Foreign Relations , p.9 [2] Bosco , p.176 |
training-law-cpphwlpvo-pro02a | Prisons create criminals The prison environment is harmful to many offenders. Consider the risk of developing a drug or alcohol addiction while incarcerated in the UK (15% of the inmates of one of the UK’s largest jails tested positive for drugs in 2006) [i] ; the risk of being subjected to sexual violence in an US prison (217,000 prisoners were subjected to sexual violence in American prisons in 2008) [ii] ; the rise in gang motivated violence and killings within prisons on both sides of the Atlantic. Prison brings together individuals with a wide range of social and behavioural problems that incline them towards deviance and violence. These individuals are placed in closed conditions with restricted access to productive activities. In many western nations, a lack of funding and staff means that most prisoners have little to fill their time, and may be confined to their cells for up to twenty three hours a day. The privations of prison make prisoners more, rather than less likely to engage in violent or exploitative behaviour. Prisoners in overcrowded, understaffed jails are more likely to develop mental illnesses and less likely to have such conditions diagnosed and treated. The brutality of their surroundings makes prisoners more likely to seek the protection and comradeship offered by gangs or the comfort of intoxicants. Furthermore, the shame and isolation associated with incarceration cause prisoner’s non-criminal social networks to decay. Relationships with partners or spouses may break down. Contact with children may be limited. Families may shun the offender, leaving him with a social circle comprised mainly of fellow inmates. These associations can prove toxic, leading offenders to validate each other’s behaviour and share knowledge about criminal activities. Finally, the stigma of criminality extends to employment. Businesses may be unwilling to employ those with criminal records, limiting ex-offenders’ opportunities for social reintegration. [i] “Inspector finds gangs and high level of violence in jail”, The Guardian, 11 July 2006, [ii] “Combating rape in prisons”, The Economist, May 5 2011, |
training-law-cpphwlpvo-pro01a | Proportionality A recent study conducted among prisoners in Florida found that from 1997 to 2010 the proportion of new inmates who had committed violent crimes (collating both state and federal prisons statistics) fell by 28% [i] . Meanwhile, the number of first time prisoners who had committed non-violent offences rose by 189% [ii] . It is argued that imprisoning individuals found to be guilty of non-violent crimes is a disproportionate response to their actions and does not serve the objectives of criminal sentencing set out above. Criminal sentences must deliver a punishment in proportion to the crime an offender has committed. A disproportionate sentence- using the death penalty to punish theft, for instance- is less likely to be perceived as a fair or rational response to criminal behaviour. An offender who is punished excessively is more likely to see himself as the victim of injustice, and less likely to consider the impact of his own conduct. A law abiding individual who that fears that jaywalking may result in jail time will have no confidence in the criminal justice system, and may begin seeking other sources of security. There are many alternatives to penal sentences available to magistrates and judges. Using fines and curfews to restrict financial and personal liberty, alongside restorative forms of punishment such as community service, can provide a much more efficient way of condemning an individual’s criminal behaviour. [i] “Rough Justice in America”, The Economist, July 22 2010, [ii] “Rough Justice in America”, The Economist, July 22 2010, |
training-law-cpphwlpvo-pro03a | Incarceration is expensive, rehabilitation is not Many of the rehabilitation and intervention schemes made available in prison are replicated in community settings by social services and charities. The cost of delivering these programmes in prison originates from the concept of prison itself. The expense of building, equipping, staffing and monitoring a prison vastly outweighs the cost of rehabilitative activities. Research conducted by Steve Aos has shown that rehabilitative programs designed to reduce crime can be cost-effective [i] . Prisons should be used only where the imperative to protect society from criminal behaviour cannot be met by the imperative to rehabilitate. A minority of offenders will be incorrigibly violent and uncontrollable, but under the status quo, these dangerous offenders not represent the majority of the prison population (see statistics above). The yearly cost of incarcerating a young offender in the UK is now £140,000, almost three times the annual fee charged by an elite public school [ii] . Diverting this money to intervention programmes delivered to families, in homes and in schools would avoid the harms of incarceration (described above), while retaining the benefit of rehabilitation. The focus should therefore be prevention and early intervention rather than punishment. [i] Aos, S., The Comparative Costs and Benefits of Programs to Reduce Crime, Washington State Institute for Public Policy, May 2001, [ii] “Punishing Costs” The New Economics Foundation, 2010, p18 |
training-law-cpphwlpvo-pro04a | Deterrence is a myth The deterrent effect of prison is uniformly overstated. It is popularly thought that the indignity and strictness of the prison environment will discourage criminal behaviour. Further, exposure to the harsh realities of prison is thought to discourage former inmates from re-offending. These assumptions do not reflect most offenders’ reasoning, nor do they reflect the contexts in which most criminal behaviour occurs. Punishment of the type offered by prisons doesn’t meet the criteria for reinforcement of behaviour that one would associate with behaviour change; the punishment happens long after the behaviour, and is therefore futile [i] . Firstly, it should be noted that among many inmates, especially young men, criminal actions, including public order offences, assault and petty theft, are carried out on impulse. Impulsive behaviour is often influenced by alcohol and peer pressure. Under these circumstances, deterrence is ineffective. Secondly, empirical evidence indicates that it is the likelihood of being caught performing a criminal act, rather than the sentence for that crime, that deters potential offenders. If a potential offender believes he is more likely to be caught and convicted, he is less likely to engage in criminal behaviour. Meta-analyses such as the Cambridge Study on Deterrence [ii] have shown that the severity of a sentence only has a marginal effect on an offender’s decision to break the law. In the light of these findings, deterrence can be seen as a matter of policing and detection, rather than a set of misleading assumptions based on an over-simplification of rational-actor theory. [i] Andrews, D.A. & Bonta, J., “Rehabilitating Criminal Justice and Policy” in Psychology, Public Policy and Law (2010, Vol. 16, No.1). Page 42 [ii] “Criminal deterrence and sentence severity: an analysis of recent research”, von Hirsch, A, and others |
training-law-cpphwlpvo-con03b | A modern liberal state’s duty is to pursue policies and promote values that will have a real and lasting impact on its citizen’s lives. The resolution is such a policy. The opposition’s argument has been tried and failed; in the US, ‘increasing punitive measures have failed to reduce criminal recidivism and instead have led to a rapidly growing correctional system that has strained government budgets’ [i] . Pandering to populist thinking in the name of maintaining confidence in a particular government is a short-term strategy. It is an approach designed to win elections rather than bring about social change. The most effective way for a government to fulfil its obligation to protect its citizens is to reduce deviance effectively and efficiently, even if that change has to come at the expense of political capital. The penal system operating under the status quo brutalises individuals and entrenches criminality in communities in the name of law and order. [i] Andrews, D.A. & Bonta, J., “Rehabilitating Criminal Justice and Policy” in Psychology, Public Policy and Law (2010, Vol. 16, No.1). Page 39 |
training-law-cpphwlpvo-con01b | The opposition argument assumes that punishment must be proportional only to the suffering caused to the victim of a particular crime. Opposition state that for a sentence to be truly proportionate, it must reflect the subjective responses of the victim. This analysis fails to acknowledge that the definition of proportionality extends beyond the victim. The four objectives of criminal sentencing are complimentary, not mutually exclusive. The aspect of a sentence that seeks to punish should be proportionate to offender’s crime, but in addition, it must not obstruct the functioning of the other objectives of sentencing. A burglary may be upsetting for the victim, and incarceration of the burglar may seem a proportionate response. However, when that sentence is weighed against the imperative to rehabilitate the burglar, we discover that rehabilitation in prison would be less effective than rehab in a community setting. When custodial punishment is weighed against the imperative to protect the public, we discover that non-violent criminals who have been incarcerated are more likely to engage in violent crime following their release. The greater cost of incarceration- to the criminal and to the efficacy of the rehabilitative process- renders the sentence disproportionate. The comparative popularity of imprisonment has distorted our understanding of which criminals it is most suited to. |
training-law-cpphwlpvo-con02b | Families and other social networks can play an important role in supporting and encouraging an offender as they rehabilitate. Wives, husbands and children can effectively monitor the behaviour of an offender when trained staff are unavailable. Given that the imprisonment of an adult family member is emotionally traumatic and financially damaging, families have a strong incentive to ensure that rehabilitation is successful. Disruptive family environments are also catered for by the proposition resolution. Where family breakdown is a cause of criminality, social workers and rehabilitation specialists will be able to “treat” the family alongside the offender. Underlying drug or alcohol addictions can be addressed. ‘Therapeutic programs’, as they are termed, enable offenders to be rehabilitated by and within the community in a ‘living-learning situation’ [i] . Prison on the other hand is an unsupportive environment where offenders are blamed for their behaviour and sometimes coerced into rehabilitation programs [ii] . In a prison context, an offender would be treated in isolation, without the opportunity to address underlying familial issues that might cause reoffending. Prison can be iatrogenic (increase risk) by removing offenders from their source of social support, families, jobs and accommodation; rehabilitation is more likely to be effective when it is used in conjunction with those factors, not apart from them. Furthermore, the available evidence suggests that prison staff hold ‘rather unsympathetic’ attitudes towards prisoners [iii] , inferring a culture unfavourable to effective rehabilitation. Although an offender may be prevented from committing crime for the duration of a prison sentence, this does not represent a significant advantage over the proposed resolution. For the reasons set out above, a prisoner released from a custodial sentence is likely to be incentivised to engage in crime (due to a lack of employment opportunities and social isolation), and will commit more serious types of crime. [i] Day, A., Casey, S., Vess, J. & Huisy, G., “Assessing the Social Climate of Prisons”, February 2, 2011 from Australia Institute of Criminology, Page 8/Page 32 [ii] Day A. & Ward T., “Offender Rehabilitation as a Value-Laden Process” in International Journal of Offender Therapy and Comparative Criminology (June 2010: Vol 54. N.3) Page 300 [iii] Day A. & Ward T., “Offender Rehabilitation as a Value-Laden Process” in International Journal of Offender Therapy and Comparative Criminology (June 2010: Vol 54. N.3) Page 294 |
training-law-hrilthbtsbs-pro02b | There is no moral duty to respect the humanity of terrorists. Terrorists themselves do not respect human rights. By attacking civilians, they breach the terms of the Geneva Conventions and international human rights law. They do not deserve to be protected by the laws of war because they do not behave like a military organisation. If they do not comply with the laws of war there is no reason why they should enjoy the benefits of the Geneva Conventions when they are detained. |
training-law-hrilthbtsbs-pro03b | Poor treatment is not a significant recruitment tool: whilst some people may be encouraged to join terrorist groups as a result of such behaviour, those who are outraged by human rights abuses in this context should be equally concerned about the violation of human rights which occurs when a terrorist detonates a bomb, or flies into a building, killing large numbers of innocent civilians. The ideology invoked exists independently of the way in which suspects are treated and indoctrination with such beliefs is the real tool in the recruitment process. |
training-law-hrilthbtsbs-pro05b | The United Nation has the potential to punish parties that do not abide by its protocols, including the Geneva Conventions. However, its ability to do so is limited even when it comes to states since that power is itself granted by its member states. For example, the International Criminal Court is only able to bring cases which the Security Council approves. Therefore, the contemporary targets of terrorists, most notably the United States and the United Kingdom, are inevitably going to veto any proposition to persecute themselves for violating the Geneva Conventions. The circular process of asking a state whether it will approve the prosecution of itself betrays the absurdity of the United Nations as an institution enforcing the protocols of war. As for the behaviour of terrorist groups, their members are subject to prosecution for actions equivalent to war crimes whether or not they are subject to the Geneva Conventions. |
training-law-hrilthbtsbs-con01b | The re-definition of terrorists as unlawful combatants threatens to encourage the use of the evolution of war as an excuse for human rights abuses. The refusal to apply the Geneva Conventions allows states to use tactics such as indefinite detention without trial and enhanced interrogation techniques such as water-boarding, which are seen by many as a form of torture (UN General Assembly, 1984). These practices are cruel and significantly harm the physical and psychological wellbeing of detainees. Even if these techniques were effective in the war on terror, they should not be practiced because they are a violation of both the laws of war and international human rights law (ICRC, 1948). Moreover, under Protocol 1 (1977) Additional to the Geneva Conventions, non-state forces engaged in wars aiming at self-determination are permitted to operate without use of uniforms or carrying arms openly (except during combat and while visibly deploying immediate prior to attack). |
training-law-hrilthbtsbs-con02a | With no hope of reciprocity, adherence to the Geneva Conventions would undermine the fight against terrorism There is no moral duty to respect the dignity of terrorists. States should do whatever possible to protect their own citizens. The Geneva Convention is about reciprocity: it is in the interest of our own citizens to treat enemy combatants in a humane manner so that if our soldiers are caught they will receive similar treatment. There can be no guarantee of reciprocity from ‘terrorists’ as a whole, or even specific terrorist groups given the cellular nature of the organisations and the disparate nature of the command structures. Furthermore, terrorists specifically use poor treatment of hostages as a tool in their campaign. Given this, it is in the interests of our own citizens to use whatever means possible to fight terrorism; compliance with the Geneva Convention undermines this. |
training-law-aullgsmhwchs-pro02b | Hate speech can encourage dialogue and be positive. Allowing hate speech provides an opportunity to combat and change the views of those who are promoting hatred. In the long term this will lead to a reduction in violence through helping air and then solve the underlying causes. (See Op Argument 1) |
training-law-aullgsmhwchs-pro02a | Reduced dialogue While hate speech is a form of expression, it is not one that encourages dialogue. By promoting hatred based on immutable personal characteristics it is by definition anti-dialogue. Hate speech does not contribute anything; it merely provides a justification for violence and discrimination. Extreme messages, be they in words or through symbols, deter moderates from voicing their opinions, either because they do not want to legitimize the message or out of fear of reprisals. This reduces the net dialogue on university campuses and injures the quality of the dialogue that remains. |
training-law-aullgsmhwchs-pro04b | There is the potential for massive harm should universities become places where individuals continuously need to contain their thoughts and ideas for fear of sanction. It is far easier to actively promote open dialogue and tolerance as this will lead to more diversity. |
training-law-aullgsmhwchs-pro04a | Discourages education of minorities When individuals feel that they will be targeted at a university based on who they are, they are less likely to attend that university either out of fear they will be discriminated against or because they believe that they will not be allowed to express themselves freely without being discriminated against or assaulted. No group should be discouraged from attaining higher education because of immutable personal characteristics. Tertiary education is at the heart of social mobility and self-actualization. Even if no attack ever takes place, because hate speech can create an atmosphere which deters members of society from attending university the state is justified in banning it. |
training-law-aullgsmhwchs-con03b | As stated, hate speech can have significant harm on certain individuals’ abilities to attend university and engage in campus life. Their rights to education must balanced against any potential harms that may befall someone who has to think twice before saying something hateful about a member of their university community. |
training-law-aullgsmhwchs-con01b | It is wrong that obnoxious and hateful views should be given an airing and individuals left to their own devices to decide if those views are right or wrong. Accepting that these views can be voiced on campus and opponents of these views can make their own case implies that these views have equal standing; which is not the case, while there may be freedom of speech there is not freedom to hurt one and other. It is wrong to suggest that hateful ideas will spread faster if banned as if they are not banned those who are preaching such ideas have greater access to others so have more opportunity to persuade |
training-law-aullgsmhwchs-con04a | Freedom of expression is a political right Freedom of expression is enshrined in the constitutions of all WLDs because it is a necessary political check on the government. For example article 10 in the European Convention on Human Rights [1] and The First Amendment in the United States. [2] The protection of this right is most severely tested when the ideas are abhorrent to our morality but when one person is denied their freedom, it is a harm to everyone’s freedom. [1] ‘Convention for the Protection of Human Rights and Fundamental Freedoms’, June 2010, [2] ‘Amendment I’, Cornell University Law School Legal Information Institute, |
training-law-aullgsmhwchs-con01a | The marketplace of ideas The truth can only emerge from competition between various ideas in free, transparent discourse. To silence any idea is to remove ideas from the marketplace thus reducing the individual’s ability to use his/her reason and intellect to arrive at a conclusion. [1] Silencing ideas also creates separate marketplaces thereby reducing the legitimacy of both and making it easier for someone espousing hate speech to use censorship as a justification for not engaging their ideas in open debate. When this happens, it becomes more likely that individuals who feel alienated from main stream society will find meaning in the hateful ideas which have also been excluded from the mainstream. This is very similar to the concept of the free market in economics where the freer the market the better off everyone is. [2] [1] Wikipedia, “Marketplace of Ideas”, Retrieved 2011-08-23. [2] Lee, Steven P., ‘Hate Speech in the Marketplace of Ideas’, D. Golash (ed.), Freedom of Expression in a Diverse World, 2010, p.15 |
training-law-aullgsmhwchs-con02b | Whatever value the expression of hate speech has can be discussed in classrooms where the ideas can be discussed in their social context rather than promulgated from a platform. Banning hate speech will not transform universities into factories of rote learning or crush a progressive atmosphere. Hate speech isn’t about affirming rights, it is about limiting rights. There is no analogy here to the feminist or gay rights movements. |
training-law-umlcphwrmrvc-pro02b | It is better that people be afraid of what is really happening than to be blissfully ignorant and thus vulnerable. Crime can be frightening, but people need to know about it so they can prepare themselves to deal with it. Furthermore, if violence is growing within communities, there may well be a need for better policing, so calling for such provisions is not necessarily just treating the symptoms of social illness, but rather is holding society together and maintaining necessary order. [1] Fear may cause people to do irrational things, but so too can ignorance. [1] Jones, Stephen. Understanding Violent Crime. London: Open University Press. 2000. |
training-law-umlcphwrmrvc-con03b | Political will to affect change in areas riddled with violent crime is not generated by media reporting on the violence. Rather, the way the media reports, prioritizing the sensational, blood and guts, aspects of crimes, results in frightened voters clamoring for something to be done. This usually just results in more policing and more draconian sentencing laws. Neither of which solve the underlying problems of poverty and poor provision of essential state services. Rather, they serve merely as stand-ins for real action, resulting in no efforts to genuinely reclaim troubled communities. By excluding media reporting on the most visceral goings on in these areas, namely violent crimes, politicians and the people affected can enter into rational dialogue that is not perverted by media sensationalism. |
training-law-umlcphwrmrvc-con02a | To not promote the truth of events is contrary to the duty, and to the right of free speech, of a responsible media The media has two jobs; first, it has a duty to report on what people care about, and second, it has a duty to report on things that seriously influence society. Muzzling the media’s ability to disseminate information by preventing reporting on violent crimes can only do harm to society. The media has a fundamental duty to report on anything that may influence the lives of the citizens it reaches. This is particularly true of the state-run media, which is meant to be free of political influence and is not as dependent upon ad revenues and thus not as prone to sensationalist reporting. Beyond its duty to inform, the media, like all bodies and individuals in society have a right to freedom of speech. This must extend to the right to report on things that are ugly and that frighten people. It is better that people be informed of the truth by a free media and be terrified than to leave people without knowledge of the real seriousness of criminality. Fundamentally, the right to freedom of speech and of expression must be protected. If the media should give way on the issue of violent crimes it loses all credibility as a genuine font of truth. [1] To protect the basic rights of citizens, the right of the media to report on violent crimes must be upheld. [1] PUCL Bulletin. “Freedom of the Press”. People’s Union for Civil Liberties. July 1982. |
training-law-umlcphwrmrvc-con03a | The media’s reporting and investigating acts as a check on the behavior of the justice system The state often does not want to deal with serious social issues in politically disenfranchised areas, where crime rates tend to be higher and the populations poorer This is because such areas cannot be counted on for electoral support as they often have low turnout rates and can be too complicated to be worth dealing with from a political perspective. Without the media, no one will report on criminal activity in these areas, meaning there will be no political will to reform them. This gives the police the opportunity to abrogate their responsibility to these communities. In the absence of media reporting, authorities would also be able to hide the true extent of crime in misleading statistics. For example, police in parts of the United States have been caught publishing deliberately false crime statistics, often understating levels of violent crime in poorer communities. [1] The media has served to uncover the truth of these police abuses of the facts. Only with a free media can people truly be informed about what is happening in society, and that extends to information about violent crimes. [1] Thompson, Steve and Tanya Eiserer. “Experts: Dallas Undercount of Assaults Builds ‘Artificial Image’”. Dallas Morning News. 15 December 2009. |
training-law-umlcphwrmrvc-con04b | Bans and restrictions on the old media would equally affect the ‘new’ media of the internet age. Bloggers could just as easily be taken to court for their reporting as conventional journalists so the news would still be restricted. While individuals may still report crimes this would become limited to the local area where people do have a genuine interest in the crime rather than it being reported nationally. |
training-law-umlcphwrmrvc-con02b | There is no such thing as these two duties that the opposition asserts for the media. The media is a business like any other, because its business is information and news it will report on violent crime as it is something that the people care about so will purchase news about it, but it does not have a duty to do such reporting. Similarly there is no duty to report on things that influence the lives of the citizens of the state, again the media does so but only because it sells. Indeed large amounts of media do not report things that are either things that most people care about or things that seriously influence society. There are lots of magazines and newspapers on things like hobbies, such as toy models, but it is absurd to suggest that this is what most people care about or that the issues that affect toy model hobbyists influence the rest of society. It would be equally absurd to suggest that such a magazine or newspaper should have a section devoted to violent crime because that is what is important. |
training-law-lgpisyhwhcdt-pro03b | Punishment does not have to be the complete loss of freedom that is prison. The loss of freedom as punishment should be interpreted more broadly than not being able to move from a particular location. Losing the freedom to use the internet or social networks can be as much punishment when these are activities that the offender enjoys. |
training-law-lgpisyhwhcdt-pro01a | Cyberbullying ruins lives just like any other bullying; age of the culprit does not matter Punishment must fit the crime. Cyberbullying by a young person can be just as damaging to a victim as a similar crime by someone older. As a result should be equally punished. When cyberbullying has ruined someone’s life, and possibly led them to commit suicide, there were 9 teenage suicides as a result of bullying on Ask.fm in 2012 alone, [1] then not only the victims but their loved ones lives have been ruined as a result of the offender’s actions. Such a consequence deserves jail time to pay for the actions. [1] Broderick, Ryan, ‘9 Teenage Suicides In The Last Year Were Linked To Cyber-Bullying On Social Network Ask.fm’, BuzzFeedNews, 11 September 2013, |
training-law-lgpisyhwhcdt-pro01b | Sentencing a criminal should not just be about punishing them for the magnitude of the result of the crime. Instead it should be about reformation and reintegrating the offender so that they can continue their life in future without engaging in any crime. While cyberbullies bear much responsibility for what they have done when the victim commits suicide it was not a direct action by the offender. |
training-law-lgpisyhwhcdt-pro03a | Prison is punishment While rehabilitation and prevention are important parts of sentencing there also needs to be punishment. There being a punishment, is necessary to ensure there is a deterrence to prevent the offender reoffending, and to prevent others carrying out the same crime. This applies equally to young offenders as to older criminals. |
training-law-hrilhwsyh-pro03b | There is little evidence that Yanukovych still has much support anywhere in Ukraine. However an ICC trial could simply inflame the other side; those who have overthrown Yanukovych are likely to want a trial to take place as soon as possible (which may be a long time off considering he is in Russia) and want it to take place in the Ukraine. The ICC would almost certainly be willing to give in to popular opinion; previously in Libya the prosecutor did not act when it was clear that public opinion did not want an international trial of Saif Gadaffi. [1] [1] Kersten, 2014, |
training-law-hrilhwsyh-pro01a | Yanukovych committed crimes against humanity Even before most of the violence by riot police in February some experts were suggesting that Yanukovych had committed crimes against humanity – crimes committed by a state against a civilian population. Professor Alexander J Motyl argued “The Yanukovych regime may already be guilty of “imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law” and “persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender … or other grounds.”” [1] Now at the very least murder can be added to that count. [1] Moryl, 2014, |
training-law-hrilhwsyh-pro04b | International help would be available to ensure an impartial trial in the Ukraine. The OSCE has offered “an OSCE role as impartial witness and guarantor to the implementation of concrete steps agreed between the parties” which could also extend to any trial. [1] With other international organisations involved in gathering evidence and providing legal assistance there could be certainty of an impartial trial without having to go to the ICC. [1] Burkhalter, Didier, ‘OSCE Chair-in-Office welcomes Ukraine agreement’, osce.org, 21 February 2014, |
training-law-hrilhwsyh-con03b | The Ukraine is perfectly at liberty to decide that it wants its former president to be tried at the ICC rather than at home. The crimes may have taken place in Ukraine but the reasoning behind the need for the ICC is that some crimes – including crimes against humanity – are so great that they are the responsibility of all, they affect other nations. The Ukrainian people would see justice done just as well by it being carried out in The Hague as in Kiev. |
training-law-hrilhwsyh-con02a | Does Yanukovych really qualify for the ICC? It is questionable whether Yanukovych’s crimes, as abhorrent as they may be, really qualify for the ICC. It is clear that he does not qualify for three of the four crimes the ICC charges; genocide, war crimes, and the crime of aggression (this is for attacking other states not your own people). This leaves crimes against humanity. Crimes against humanity can include murder when “committed as part of a widespread or systematic attack directed against any civilian population” [1] so the ICC will need to decide whether less than 100 dead is widespread and grave enough to justify the charge – and this is something that is up to the prosecutor. [2] Moreover as yet we don’t know if Yanukovych himself was directly responsible for ordering attacks on the protesters in the last couple of days before the fall of his government. [1] States Parties, ‘Rome Statute of the International Criminal Court’, icc-cpi.int, A/CONF.183/9 17 July 1998, , Article 7 [2] Kersten, 2014, |
training-law-hrilhwsyh-con03a | Should be tried at home The ICC recognises that a case is inadmissible where “The case is being investigated or prosecuted by a state which has jurisdiction over it”. [1] The state of which Yanukovych is a national, and where the crimes took place has precedence. Ukraine therefore has first right to try Yanukovych, indeed the ICC will only act if Ukraine is unwilling or unable to do so itself. As the crimes he is alleged to have committed took place entirely in Ukraine, over Ukrainian issues he should be tried in Ukraine. This would allow the Ukrainian people to see justice done themselves rather than relying on others to do it for them. [1] States Parties, ‘Rome Statute of the International Criminal Court’, icc-cpi.int, A/CONF.183/9 17 July 1998, , Article 17 |
training-law-hrilhwsyh-con01a | Could not be tried for all his crimes The International Criminal Court only tries a few international crimes. This means that other crimes that Yanukovych has committed that are not covered by ‘international criminal law’ cannot be prosecuted at the ICC. It is possible that not all the charges of violence against protesters may count as the crimes against humanity that the court can charge. Equally Yanukovych’s financial crimes cannot be prosecuted at the ICC. It was already known that Yanukovych became very rich as a result of corruption during his time as president but it is only now beginning to become clear how much corruption there was. Yatsenyuk the new Prime Minister “Over $20bn of gold reserve were embezzled. They took $37bn of loans that disappeared. Around $70bn was moved to offshore accounts from Ukraine's financial system in the last three years” with much of that money finding likely finding its way to Yanukovych or his friends. [1] Considering the hole in Ukraine’s finances it would be far better to pursue these crimes. [1] Walker, Shaun, and Grytsenko, Oksana, ‘Ukraine’s new leaders begin search for missing billions’, The Guardian, 27 February 2014, |
training-law-hrilhwsyh-con04b | Slow might potentially be beneficial in this instance. It would mean that there is time for the worst of the scars of the protest, crackdown and change in power to heal so reducing the chance of any instability or violence when the outcome – whichever way it goes – is announced. |
training-law-hrilhwsyh-con02b | Clearly whether Yanukovych was directly responsible for the deaths and injuries by ordering assaults is something the prosecutor will need to investigate. It is likely that Yanukovych authorised attacks, there have already been leaks that he was planning to go much further with a large military “antiterrorist” operation to break up the protesters. [1] It seems almost certain that one of the three that the parliament voted to send to the ICC will be responsible for the deaths. It would be far better that the ICC were to be the one who decided who is directly responsible for what than an interim administration that has every reason to dislike Yanukovych and therefore influence the charges. [1] Robins-Early, Nick, ‘Ukraine’s President Yanukovych Planned Crackdown As He Fled Documents Show’, The Huffington Post, 25 February 2014, |
training-law-hrilsgihbes-pro02b | It is not true that the human rights situation for women is deteriorating. The Social Institutions and Gender Index has found between 2009 and 2012 there has generally been improvement for example “The number of countries with specific legislation to combat domestic violence has more than doubled from 21 in 2009 to 53 in 2012”. Women rights can be improved through the United Nations. This has the legitimacy to convince governments to change their policies and liberalize them. Also, the power of the United Nations comes form the number of countries involved, adding besides the EU, the powerful US, China, Russia, and South Africa etc. More than that, the UN has a lot of experience in dealing with these kind of cases. A perfect example is the economic and diplomatic sanctions imposed on the South African government in order to convince them to leave behind the apartheid regime. Moreover one of the reasons for the United Nations is the promotion of universal human rights, and this applies to women as well as anyone else; there are 187 states that are a party to the convention on the elimination of all forms of discrimination against women. SIGI, '2012 SIGI', OECD, 2012, Reddy, Enuga S., ‘The United Nations: Partner in the Struggle against Apartheid’, un.org, United Nations, ‘Convention on the Elimination of All Forms of Discrimination against Women’, United Nations Treaty Collection, Status at 9 October 2013, |
training-law-hrilsgihbes-pro01a | The EU needs to help those suffering from human rights abuses Everyone is equal. Women who live under legal system that permits discrimination against them are being denied of basic human rights whether this is the right to vote, to a fair trial, or bodily integrity. Sharia Law, for example, clearly denies them human rights like equality before the law, a basic human need according to Universal Declaration of Human Rights. "All are equal before the law and are entitled without any discrimination to equal protection of the law." Under Sharia a woman’s testimony is worth half a man’s and she gets half the inheritance of her male siblings. Second of all, bodily integrity is affected when women are stoned to death or beaten by their husbands without them even being punished. The importance of self-determination and autonomy are neglected in Saudi Arabia where women are not allowed to drive or go alone in public. Female genital mutilation, which causes bleeding, infections and infertility, and is almost always done without the girl's consent, is a big problem in many African countries. Asylum given by the EU shall be the only way for these women to leave the system that persecutes them and be able to have their human needs respected and therefore creating a healthier, safer and better environment. Kaitlin, ‘Women’s Rights Under Islamic Law’, Inside Islam: Dialogues & Debates, 25 November 2008, Pizano, Pedro, ‘Where Driving Is a Crime and Speaking About It Leads to Death Threats’, Huffington Post, 6 June 2012, United Nations, ‘The Universal Declaration of Human Rights’, un.org, 10 December 2948, World Health Organisation,’ Female genital mutilation’, WHO Fact sheet, no.241, February 2013, Mahmoud, Nahla, ‘Here is why Sharia Law has no place in Britain or elsewhere’, National Secular Society, 6 February 2013, |
training-law-hrilsgihbes-pro01b | The EU is responsible for its own citizens and not for those that live in other countries or regions. Its burden is to protect human rights for European citizens and not for the entire world. At the moment, because of the economic crisis and austerity measures imposed, all the EU attention should be focused on delivering basic human rights (in terms of basic necessities such as food, shelter and employment) for people in Greece, Spain, Italy and other countries in distress. The burden lies here because the government of a country serves the people of that country and as a union each country accepts some of the burden for others in that union. Others that are outwith that union are not giving any direct benefits for the European Union and therefore should they not be our focus. Any more egregious violations of human rights in these countries would already be sufficient cause for granting asylum without a further offer presented to women who are discriminated against. Douglas-Scott, Sionaidh, ‘The European union and Human Rights after the Treaty of Lisbon’, Human Rights Law Review, Vol.11, No.4, 2011, |
training-law-hrilsgihbes-pro05b | Rather than being selfish and wanting for these women only to be able to achieve their full potential in the European Union, we should consider doing something in order to change the way they are treated at home. Most women are not able to run away from home, or travel hundreds of miles in order to get into Europe to apply for asylum and have this opportunity for development. Even if they were the EU could not take every woman in. The European Union needs to look at the bigger picture and encourage those countries that discriminate against women to become much more liberal in their attitudes to women. This can be done by aid, sanctions, and diplomacy. The EU simply needs to persuade these countries of the massive loss they are sustaining by not allowing half of their population to realize their potential. |
training-law-hrilsgihbes-pro04b | The image of the European Union, even on human rights, does not result from how they treat the foreign citizens of some distant country but more on how they treat their own citizens. As with any nation or union of countries the EU’s primary responsibility is to fulfill its duties towards its own citizens. More than that, the social balance and economic stability are much more important factors in the European Union’s image abroad than how the union is treating women in faraway countries. So if we decide to talk about image, granting asylum will not improve nor damage the unions. On the other hand, its duty is to protect the European citizens and many things can still be done in this direction. There is no reason in wanting to help people abroad when you can do so much for your own. |
training-law-hrilsgihbes-pro03a | The status quo involves sending women back to the threat of persecution Sometimes, women who are persecuted by their government end up running from their country just to be sent back from the EU when their asylum application is rejected. Under the current legal system, the problems of women from countries that implement Sharia Law and other forms of discrimination are often not considered sufficient grounds for asylum. This is because refugees are only considered to be refugees ‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion’, so it does not include persecution for gender. The consequences can be of two kinds. The first and the worst is sending them back home where to face harsh punishment for trying to leave. This was the case with two women who applied for asylum in Great Britain in 1997 and were denied this right even though they faced death by stoning upon return. Even if the women are not sent home immediately due to a prolonged appeals process they are left in detention centers, in uncomfortable conditions and unable to get a job or do anything while they wait. Those who are denied entry are left with nothing only a long depressing wait to be returned to the horrible conditions from which they thought they had escaped. Cleaver, Olivia F., ‘Women Who Defy Social Norms: Female Refugees Who Flee Islamic States and Their Fight to Fit into American Immigration Law’, Rutgers Journal of Law & Religion, Women for Refugee Women, ‘Refused: the experiences of women denied asylum in the UK’, refugeewomen.com, 2012, The United Nations High Commissioner for Refugees, ‘Convention and Protocol relating to the status of refugees’, unhcr.org, 1951, p.14 |
training-law-hrilsgihbes-pro04a | The EU’s reputation can only benefit from a strong policy on women’s rights There is a moral obligation for such a powerful and diverse group of nations to protect not only their own citizens but also people in desperate need all around the world. All the countries in the EU have signed the Universal Declaration of Human Rights and therefore stand behind its principles. As the world biggest economic power the EU is fully capable of doing so. The Union is wealthy enough that it can take in the extra migrants that would occur as a result of taking in women from countries where they face discriminatory legislation. The European Union’s international image is not based on its military might but upon its economy and on being upstanding in its promotion of a human rights agenda. Granting asylum to women that live under discriminatory legal system reinforces this image of being concerned for human rights. The European Union has signed up to the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women by which signatories “agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women” while the convention is calling for the elimination of discrimination internally it is fully in the spirit of the convention to undertake actions that encourage others to fulfill the Convention. By being willing to grant asylum to women from countries that have not lived up to the standards of the convention – which includes “To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women” – the European Union will put pressure on these regimes, helping to highlight their unequal systems. ‘Article 2’, Convention on the Elimination of All Forms of Discrimination against Women, UN Women, 1979, |
training-law-hrilsgihbes-con03b | No violence or incitement to violence can be justified by changes in legislation. It is not a cultural attack of any kind towards the Islamic religion or a certain culture. We must acknowledge that even the Quran clearly states, “Both men and women should be equal”. Implementing such a measure is simply highlighting that these nations are not living up to their obligations and applying rights that they themselves have accepted are universal by signing up to the Universal Declaration of Human Rights. It is a reminder that every country has the duty to respect its citizens and offer equal opportunities disregarding sex, religion, skin color etc. The intention of the European Union is simple and clear: you have to respect the international law and common sense. Furthermore with the example of South Park there is a fundamental difference in that portraying Mohammed is a fundamental attack on a religion where encouraging equality for women is simply encouraging change in a country’s legislation. The latter is considerably less inflammatory. |
training-law-hrilsgihbes-con01b | At a first glance this might be true but let’s take a deeper view upon these societies. The example of Saudi Arabia where women are slowly being given the vote is true but this is not much of a gain in a country where the parliament has almost no power. In a culture where it is normal that they require the approval of their husband or father in order to be able to vote or do anything the result is simply another vote for the man. More than that, in countries like Saudi Arabia, basic rights like the right of movement are denied to women who cannot get a driving license. That there is progress in some areas does not mean that there is no reason for a policy of welcoming women asylum seekers. Far from it, such a policy would increase the pressure on these countries to step up their reforms. We should also remember that progress can go into reverse – thus the trend towards more governments that are less secular in the Middle East should be a worrying reminder of why the EU needs to let these women in. Goss, Crystal, ’10 of the World’s Worst Countries to Live in as a Woman’, Take Part, 20 August 2012, Shane, Daniel, ‘Saudi in new crackdown on female drivers’, Arabian Business.com, 25 August 2013, |
training-law-hrilsgihbes-con02a | The response will be to impose more control over the movement of women. While it is cliché that every action has an equal and opposite reaction in this case the reaction is likely to be bad. If the European Union wants to open up to women from countries that discriminate against women then the clear recourse for those countries is to make sure their women can’t leave. More government and family control will mean more rights will be infringed and leaving the country will be impossible even for tourism. If men are worried about their wives claiming asylum when on holiday why would they give them the opportunity? The state could respond by taking away, or regulating the possibility for women to leave the country. If in the present day, where the EU is not offering asylum, countries in the Middle East and Africa have the certainty that women will come back after their visa expires, this certainty will no longer be in place after we approve the motion. It is in no interest for national governments to lose population and therefore they will act towards infringing this right and many others to keep women at home. |
training-law-hrilsgihbes-con04a | Allowing women asylum will damage feminist movements In order to drive social change, these regions need women who are open-minded and want to be part of feminist movements. By giving them the “easy way-out”, social change will be delayed in countries with a legal system that discriminate against women. Females will have two options. First of all, they can leave the country and come in the European Union where the situation is already better. Second, they can choose to remain in their national country and fight for their rights. It is only human to take the easy way out. Movements for women’s rights will therefore lose many of those who want to change something and are willing to take action and as a result a lot of power. Those who migrate will be those who are more independent, more willing to do something to change their situation. Their energies will be directed outwards to leaving their home rather than to improving their situation where they are which would help millions of other women as well as themselves. This is the case with emigration more generally those who leave are those who are more entrepreneurial and are more likely to be leaders – in the United States 18% of small businesses were owned by immigrants, higher than the 13% share of the total population that are immigrants. As such movements for women’s rights will not only be deprived of numbers, but they will lose the leadership of the women who would be most likely to push for change. Editorial, ‘Immigrants and Small Businesses’, The New York Times, 30 June 2012, |
training-law-hrilsgihbes-con03a | Offering asylum for women will be seen as a case of cultural imperialism Offering asylum to women who live under Sharia Law or other forms of discriminatory systems will be seen as a cultural attack made by the West against Islamic and Africa values. The European Union’s actions will be seen as neo-colonialism meant to influence foreign states population. Ultraconservative Islamic countries are already suspicious of the west of social and cultural issues; this will simply show that they are correct in their concerns. Let’s take the example of South Park, an American comedy TV-Show that portrayed Muhammad as a bear during one of its episodes. A website known for supporting jihad against the West published a warning against the creator, threatening to kill them if they don’t remove the episode. Despite being a cartoon for a western audience it was seen as an attack on Islam. A policy which would appear to be in large part directed at Islamic states would be needlessly inflammatory. The European Union would be showing that they do not care for the cultural values of others. Instead it would be promoting an imperial notion that western values are superior to those of other cultures. This is then legitimizing any notion that there is some kind of clash of cultures as it draws a line between the European Union and these states, a notion that would then be used by extremists on both sides as a propaganda tool and justification for violence. Leo, Alex, ‘South Park’s Depiction of Muhammad Censored AGAIN’, Huffington Post, 22 April 2010, |
training-law-hrilsgihbes-con01a | The situation in these countries is improving, no need for a new policy. Such an extreme measure as granting asylum to all women from these countries is not required as the situation in countries that discriminate against women is improving. Moreover, such an approach might be seen as an attack and make Middle Eastern and African countries react badly. Most of these countries are moving towards a more liberal approach and starting to promote the rights of women and reduce legislated discrimination. They already have an interest in aligning with western conditions in order to increase their international reputation. More than that, people in these societies are becoming more liberal demanding more and more rights as we see in the Arab Spring. In Kuwait, female suffrage has been allowed since 2005, whereas Saudi Arabia permitted women to vote and participate in municipal election from 2011. The right for national election will follow in 2015, with King Abdullah changing his country’s ultraconservative approach. The wind of change has left Europe and is heading toward the Middle East and Africa, promoting social reform and equality between men and women. If practices like female genitalia mutilation were widely used ten years ago, now they are enforced only in tribal parts of Africa, affecting less and less women. In conclusion, there is no need to worry about female that have residence in these countries because they are becoming more liberal and along with that, the whole country is changing. Diplomacy is working, there is no need for a new asylum policy. Ajami, Fouad, ‘The Arab Spring at One’, Foreign Affairs, March/April 2012, BBC News, ‘Kuwaiti women win right to vote’, BBC News, 17 May 2005, BBC News, ‘Women in Saudi Arabia to vote and run in elections’, 25 September 2011, Stewart, Catrina, ‘Saudi women gain vote for the first time’, The Independent, 26 September 2011, |
training-law-hrilsgihbes-con04b | Women will chose to remain in their country because they have a family, a husband, friends and most likely a place to live. Not every woman who is a leader will simply think of helping themselves, many will want to stay and help their country overcome its discrimination. And we should not suggest that those who do go to start a new life in the EU will not benefit the cause of women’s rights at home. They can learn from the example of the state they end up in, learn to lead organisations and mobilise people so that they can be more effective at promoting social change at home. |
training-law-hrilhwpwc-pro02b | It is doubtful whether genocide such as this is based on rational calculations. For instance, the diversion of resources into the ‘Final Solution’ was a major reason why Hitler lost the war. In the same way, war criminals are unlikely to be deterred by legal threats such as these; they are driven by a fanatical hatred, not common sense. Furthermore, in wartime situations the immediate threats are so pressing that the hypothetical, long-term prospect of justice won’t affect the actions of lower-ranking officers. |
training-law-hrilhwpwc-pro02a | Justice needs to be seen to be done in order to provide a deterrent to others. An accepted tenet of most justice systems is the achievement of deterrence. Without the prosecution of war crime, its perpetrators have to consider no tangible cost to their actions. This applies to those who claim to have “just followed orders,” who now face a counter-motivation to refuse or defect. In the case of high-level war criminals it becomes effective when they realise they are losing a conflict. If they fear prosecution they are more likely to seek to negotiate rather than going on a final destruction spree. In the final days of the Nazi regime, Himmler stopped committing atrocities and attempted to negotiate peace because he realised his own vulnerability to prosecution. [i] [i] Allen, Martin, Himmler's Secret War: The Covert Peace Negotiations of Heinrich Himmler. |
training-law-hrilhwpwc-pro01a | War criminals need to be prosecuted in order to provide justice. In the instances of small-scale crime we accept that if a community condemns a person’s action, our sense of justice demands that they be punished. However, it is often the case that those who commit the most heinous crimes at the highest levels of responsibility are not prosecuted because of the complexities of the process. For example Slobodan Milošević the former leader of Serbia’s trial took four years and he died before the verdict was given. According to ICTY Chief Prosecutor Carla Del Ponte “The death of Slobodan Milosevic deprived victims of justice”. [i] As an international community we have repeatedly pledged to prevent war crimes, in recognition of the fact that they are beyond the scope of local courts. When they occur it is a collective failure to protect, so the responsibility to prosecute and make amends falls with the international community. An admission of our inability to prosecute war crime undermines the decades of work we have done to prevent them. [i] Online NewsHour, 'Milosevic Death Precedes War Crimes Verdict', PBS, 13 March 2006 |
training-law-hrilhwpwc-pro01b | The very scale of war crimes means that courts are inadequate vehicles for prevention or punishment. To achieve the international community’s goal of “never again” other methods, like sanctions, diplomatic engagement and the appropriate use of military deterrent and intervention must be employed. These pragmatic methods are unquestionably more effective and more likely to achieve long-term change. |
training-law-hrilhwpwc-pro04b | After war, the primary need of the affected community is to regain day-to-day functionality, create prosperity and achieve reconciliation. While a Truth and Reconciliation Commission might help to air grievances with positive purpose, trials only serve to rake up old hatreds and prolong social divisions. |
training-law-hrilhwpwc-pro03a | Prosecution provides closure for the victims of war crimes. The intention of many crimes of war is to destroy and demoralise individuals and communities. As a result, they often cause on-going harm to victims who cannot feel safe in their communities even after the conflict has ended. For victims, prosecuting war criminals has a vital cathartic function in helping them, to some extent, to come to terms with the crimes committed against them and their families. While full compensation is impossible, both the symbolic realisation of justice and the illustration of real commitment to prevention allows people to rebuild their lives to some extent. Failure to prosecute sends victims a message that the attacks on their freedoms were somehow acceptable. |
training-law-hrilhwpwc-pro04a | Trials help bring divisions into the open to help heal them. For post-conflict societies to function, the tensions and divisions of the conflict must be brought out into the open and dealt with in order to be fully put to rest. Those most responsible for war crimes must be brought to justice, those involved in the regime but less culpable must have opportunity to make amends and victims must feel that they have been compensated. This allows compromise and the potential for effective governance. The alternative is to allow undiscussed, simmering hatreds and resentments to persist, which undermine growth and create a risk of further conflict. |