Wundervölker, Monstrosität und Hässlichkeit im Mittelalter (German Edition)

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International security in the 21st century is not a topic that can be adequately addressed in nightly news soundbites or online articles intended to be relevant for 24 hours or less. Comprehending these complex issues requires insight from foreign policy specialists, diplomats, military officials, peace scholars, historians, and security experts—participants and observers on all sides of each conflict.

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Features Provides reliable, comprehensive information on all matters relating to security that is ideal for students, teachers, researchers, and professionals Offers insightful commentaries written by a diverse group of scholars and experts who provide interdisciplinary treatments of newsworthy events and important historical occurrences Author Info Lawrence E. Its leaders wanted a return to a simpler, agrarian lifestyle, but the communist group's actions caused famines instead.

The Khemer Rouge claimed to be a "party for peace," yet committed a genocide with a death toll estimated to be over one million. How did this guerrilla movement rise to power in the first place? With a pedigree that is claimed to stretch back years, the IRA's "home turf" of Northern Ireland has been known as "terrorism's laboratory," and its core ideology and tactics have inspired many other groups. From what essential ideological roots did the IRA spring, and what has this organization evolved into today?

They are unified in their belief that violence is a righteous response to abortion, however, and that God is the general of their army. Yet in recent years Palestinian leaders have indicated that the activities of the PLO will not cease until all of Palestine has been liberated. Could a resolution be in sight?

Thomas Aquinas. What happens when fervent religious conviction drives individuals to stand up against government and law, sure beyond any doubt that they are doing right? Downloadable File. Printed Material. The number of internally-displaced persons IDPs caused by the fighting is believed to be about 1,7 million in Uganda alone in the period to Other countries also suffered as a result of the conflicts. However, finding ways of assisting people affected in these countries who are not Ugandans would also be helpful.

It is, however, unlikely that Uganda will take responsibility for such people.

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Critically, violence against women including girls 31 has occurred on a massive scale in Uganda. While the number of violations has decreased over the last three or four years, it was still estimated that there were attacks in It is also important to understand the socio-economic 36 effects of the war. Families and communities have been broken up. Land occupation and possession have been affected dramatically as a result of people fleeing the war. Reparations must allow people to return to their lives as before.

Thus, such issues need to be taken up by the state, in addition to the injuries that people have suffered. Without dealing with such issues, there will be continued discontent which may lead again to conflict at some point in the future. In fact, unequal service delivery has been a cause of previous uprisings in the country. Thus, these matters should be issues that government, and particularly the specific government ministries, should watch carefully and deal with as much as possible, taking into account a scarcity of resources. However, equality of the provision of such services is necessary, but so is dealing with past marginalisation of some communities, especially in the northern part of the country.

Providing reparations to the victims of massive and systematic human rights violations is usually complex for a variety of reasons. Reparations are also not merely financial but contain a range of other possibilities, as will be discussed below. Reparation can encompass a variety of issues, including compensation, damages, redress, rehabilitation, restitution and satisfaction.

Each describes different types of remedies that are available to a victim. Reparations are in fact a slightly broader-based form of compensation. Whereas restitution and compensation are typically for a particular wrong committed, reparations are typically from a government that takes responsibility for a policy or set of policies or actions.

Thus, reparations represent a kind of moral accounting, where the payment represents the fact that harm was done, but not the amount of suffering or loss that was endured. For those who believe that the moral injustice needs to be corrected, reparations can assist in a variety of ways, including by ways of symbolic means, as will be discussed below.

Reparation as compensation typically refers to measures that seek to quantify and make up for harms suffered. This includes usually serious harms other than purely economic losses, such as physical, mental 43 and even moral injuries. However, questions on the extent of reparations programmes and to what extent they cover all harm suffered are affected by the extent of harm suffered and whether the state is able and willing to cover all harms.

How reparations are implemented depends on how all relevant issues, including the political, economic and social processes, affect the determination of whether and how to grant reparations. Generally, reparation is a series of actions expressing acknowledgment and acceptance of the responsibility that falls to the state due to actions that have resulted from gross violations. There are different means by which reparations can be given, 45 including though litigation in the courts.

Reparations are critically important for victims because the provision of reparations can have various effects. It provides financial assistance to victims so that they can better deal with the pecuniary dispossession they have had to suffer. Secondly, reparations allow an official acknowledgment of what occurred.

It assists to restore the dignity of victims by allowing them to see that the state recognises their suffering and is assisting them. Reparations also should have an effect on levels of impunity. It can also play a dissuasive role by ensuring that perpetrators see that they may be responsible for their actions and thus have a deterrent effect. Reparations can assist the process of grieving. It can assist in processes of recovery by ensuring that people focus on their grief.

It can have this effect as victims are taken up by the processes, which aids in healing. There are many component parts of reparations. These include individual and collective, symbolic and material. There are also reparations to be granted on a once-off basis or continually. Paying reparations for past human rights abuses has been recognised as a principle of international law for many years. There is a consciousness that the numerous human rights abuses, including war crimes, crimes against humanity, genocide, disappearances, torture, and other violations of human rights, need to be addressed, and reparation is one way of doing so.

The right to reparations is now contained in a range of human rights treaties. Article 14 1 of CAT states:. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. The right to reparations is also contained in a range of regional human rights instruments and mechanisms. It is found in international humanitarian law and international criminal law, and in various constitutional provisions in a number of countries around the world.

However, the most important text dealing with reparations is the UN Basic Principles and Guidelines on Remedy and Reparations, which now sets the international standard for the provision of reparations around the world. They elucidate the basic standards applicable internationally and domestically for reparations. The Basic Principles and Guidelines establishes state responsibility for the provision of reparation to victims.

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It provides that states are responsible for human rights violations even if perpetrated by non-state actors. The basis in law for the responsibility of states for human rights violations in any case flows from a breach of a human rights instrument or for violating a norm of customary international law. However, a variety of institutions have found that states are possibly liable for the activities of non-state role players in. Chad has failed to provide security and stability in the country, thereby allowing serious and massive violations of human rights. The national armed forces are participants in the civil war and there have been several instances in which the government has failed to intervene to prevent the assassination and killing of specific individuals.

Even where it cannot be proved that violations were committed by government agents, the government had a responsibility to secure the safety and the liberty of its citizens, and to conduct investigations into murders. Chad therefore is responsible for the violations of the African Charter. Thus, state responsibility is the obligation of a state to make reparation when it has not complied with a requirement placed on it by international law. Thus, the International Law Commission has noted that states discharge their responsibilities for a breach of an international obligation by making good the harm by providing reparation for the injury caused.

It is also provided that reparation ought to be provided in proportion to the gravity of the violation. The African Charter has been interpreted in a number of cases to provide for the right to reparations. In , in the case of Embga Mekongo v Cameroon, 65 the African Commission held that the victim who had complained to the Commission was entitled to reparations for the prejudice he had suffered, but that the valuation of the amount of such reparations should be determined in accordance with the laws of Cameroon.

It also obligates the state to design processes that increase the participation of women in the development, preparation and implementation of reconstruction and rehabilitation practices article Thus, the legal basis for reparations for victims of human rights and humanitarian abuses is well established and has been applied in a number of situations.

The Agreement on Accountability and Reconciliation agreed to in by the government of Uganda and the LRA contains various principles for transitional justice processes, including the right to reparations. It recognises individual and collective reparations measures in various forms. It finds that reparations shall not occur in one form only and that formal and alternative justice mechanisms require reparations.

It prioritises reparations for vulnerable groups, with special requirements for the handling of women and children, and calls for the active and significant participation by victims in all processes. The Agreement provides that the government is liable for reparations for victims. The Agreement also provides that the government must work out a reparations policy and then implement it. The Implementing Protocol to the Agreement on Comprehensive Solutions, agreed to during the peace talks in between the government and the LRA, identified the government of Uganda as responsible for meeting the reparations needs of victims.

It also provided that the Ugandan government shall develop and implement a policy for the support and rehabilitation of the victims of the conflict.

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In , Ugandan President Yoweri Museveni undertook to pay monetary compensation to victims of the war between the LRA and the government. As far as developing a transitional justice process is concerned, in the Ugandan Justice and Law and Order Sector JLOS , a cross-government department body, responsible for moving justice issues forward, but also for dealing with the past, established the Transitional Justice Working Group TJWG. This was done to ensure the implementation of the provisions of the Juba peace agreements. It has embarked on a process to study and understand attitudes and positions on transitional justice mechanisms, including reparations mechanisms and needs.

A number of processes have occurred and studies undertaken to determine the views of victims on the issues of transitional justice and reparations in particular. One thousand seven hundred victims were surveyed on their views of justice, reconciliation and other transitional justice options for the country.

The research indicated that victims saw reparations and truth as the most important processes that were needed to compensate the violations that they had suffered. The purpose of the workshop was to assist the development of a reparations component of the National Transitional Justice Policy.

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The workshop built on the findings and recommendations of various JLOS reports, including the National Report on Traditional Justice, Truth-telling and Reconciliation, which found that a reparations policy and programme was needed for Uganda. Thus, there have been a number of processes and studies focusing on reparations and the needs of victims in Uganda. This section of the article considers the types and kinds of reparations that can, and should be, awarded in the Ugandan context. The first part of this section considers the categories of reparations, including compensation, guarantees of non-restitution, rehabilitation, restitution and satisfaction.

What has been done in a variety of other countries is also examined, to see what lessons can be learnt and applied in the Ugandan context. There are various kinds of reparations that ought to be awarded. These include: Compensation is often used to describe money that is granted to a victim by a court or other institution for injury that has been caused.

This can include lost profits, injury to reputation, loss or impairment of dignity, reasonable legal fees and other costs associated with getting expert assistance to attain the remedy.

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There are various kinds of compensatory damages. These can be a one-time cash payment or may be several payments over time. It may be an initial cash payment followed by a pension according to fair criteria. This could occur along these lines in Uganda. Obviously, the amount to be given would be determined by the number of victims and the resources available.

Restitution is the return of the situation to what was the case before the harm was caused. Restitution is aimed at re-establishing the situation, as best as is possible, to the circumstances that was prevailing before the human rights violations occurred. For this to be done in Uganda, a survey would need to be undertaken of what is needed.

Some processes would be easier than others, such as documents that need to be replaced. The land issue would be more complex and be much more costly. However, these should not be barriers to this being done. The right to attain redress also comprises the means to as complete rehabilitation as possible. It also includes measures to restore the dignity and reputation of victims. A reparation programme should also take into account gender issues and be cognisant of the needs of women.

Guarantees of non-repetition. Reparations are not only about specific transitional justice issues, but also about a broader set of issues, including democracy, good governance, and so on. Reparations are also about building an inclusive political community. It includes recognition, acknowledgment of violations and state responsibility. It can contribute to structural transformation. Reparations are not only financial in nature.

States should implement various legislative and other processes to allow victims to claim compensation. The guarantee against non-repetition requires an end of the abuses and violations in order to close the book of the past and to start the healing process. If violence or the threat of violence continues there will be no confidence in the state and its authorities.

The concept of a guarantee against repetition can be seen within the values of restorative or transitional justice. Some form of guarantee against the repetition of an offence is necessary before the process of healing for all parties can begin. To ensure non-repetition, a state must implement steps not just to remove the continuing instances of the human rights violations, but must work to remove the conditions that led to the violations to occur.

This will attempt as far as is possible to ensure that similar events do not occur again in the future. The government should therefore expend significant resources and energy on demilitarisation and reintegration programmes, including for children. This should include both material assistance to help people relocate from place to place and to allow the establishment of homes again, as well as psychological assistance to help the returnees and ex-combatants reintegrate into the daily life of the community and to help the villagers accept the returnee.

The process of non-repetition should also ensure that there is effective oversight of the military and the security forces in general, limiting the jurisdiction of military tribunals at the expense of civil courts, and working to strengthen and capacitate the independence of the courts. It must also mean working to promote and protect the legal profession as well as human rights defenders and ensuring that human rights education and training are provided to the society as a whole, particularly to the forces.

In reality, all issues concerning the prevention and rebuilding are to try and guarantee the non-repetition of human rights violations. Satisfaction as a human rights remedy includes the stopping of the violence and the halting of continued violations. This can take the form of the establishment or restoration of rights, the creation of new types of institutions, the return of land or belongings or the establishment of processes of restitution.

Officers of state institutions need to be taught the principles of human rights and their need to desist from torture and cruel, inhumane and degrading treatment. They also need to be shown what the consequences will be should they fail to desist from carrying out such practices. As a means to check impunity, and to safeguard against the possibility that future violations will occur, there is a need to effectively and with vigour prosecute and discipline those perpetrators of human rights abuses in the employ of the state.

Even those who have retired ought to be prosecuted. A vetting process also ought to be embarked upon to ensure that that the security forces do not contain individuals who have committed past offences and to ensure suitability for continued service. Various measures to strengthen good governance, anti-corruption and the rule of law ought to be adopted, and methods adopted to ensure the full and effective functioning of all state institutions. All security forces should have effective and independent civilian oversight. Assistance can include the rebuilding of schools and community centres to training and hiring programmes to provide free psychological counselling and medical assistance.

The process to provide reparations in Uganda should be done in phases and with various types of reparations being provided.

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Those in dire, urgent, emergency need ought to be assisted as quickly as possible. This is considered below.

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In the longer term, a combination of individual and collective, material and symbolic is a useful methodology to consider. The crucial issue is how much will be allocated to each of the various components. How much will be allocated to the loss of livestock, or the restoration of land rights? That needs to be determined in relation to the amount to be allocated to those who suffered mental and physical harm.

The question of individual versus collective must also be looked at. Reparations should be premised on the economic transformation of victims so that they can endure the worst consequences of the violations. For cash, there ought to be an assessment on how much it will have for the victims.

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Access to land as a form of reparation may be easier and have longer term sustainability. Land reform and reparations could go hand in hand.

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It is important to remember that land in much of Uganda is customarily owned. Therefore, it would be practical for reparations to take into account these actualities and, therefore, it would be easier to deal with these matters. Regardless, these issues need to be dealt with in Uganda as there have been land disputes in the war-affected areas which are largely attributed to issues of demarcation of boundaries, ownership and usage. Urgent or emergency reparations should be paid out quickly and seamlessly to those in desperate situations in Uganda.

In South Africa, the reparations process gave interim reparations for emergency medical and psycho-social care. It will take much longer for a whole-scale reparations process to be implemented and thus immediate programmes can be implemented. This programme should be developed quickly for individuals in dire need, to provide them the services and facilities they need as quickly and appropriately as possible.

Funding should be made as quickly and fettered by as few bureaucratic obstacles as possible to facilitate easy access. Physical and mental health should be prioritised. Legal aid could also be provided in communities, in particular for land conflicts 83 which are emerging as people return home. It would provide basic legal advice and support to communities on land issues so as to prevent conflict.

This process could also include education for young children and community dialogues. The critical issue is to provide support for those in dire need. Categories of need could be established to determine who is covered. Certainly a range of health needs should be covered as well as categories of persons who need this kind of reparation, such as children, those in critical need of medical attention, the elderly, those severely affected by certain types of trauma, and so on. It is frequently difficult for the state to provide direct financial compensation to every victim commensurate or proportional to what they suffered.

Governments often have limited resources. However, each individual victim of a gross human rights violation ought to receive a pecuniary amount that is fairly determined on the basis of various published, transparent and credible criteria.

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Such criteria should take into account the actual nature and extent of atrocities committed. For example, numerous victims were repeatedly abused. The amount ought to be paid to the person possibly over a period of time, possibly a number of years, either as a grant or a pension. It did this by using the average annual household income in South Africa for a family of five people. The difference between what the TRC had offered and what the government paid caused a great deal of resentment.

Chile offered a monthly pension. Thus, comparative amounts paid ought to be looked at, but which amounts are seen to be appropriate will have to be domestically assessed. The danger is that the amounts promised are not delivered.