ethical positioning that brings into question all forms of violence, most especially the legitimate violence constituted through the force of law. Denying the constituted embodiment of life, lawful violence is dehumanising. This in turn gives rise to claims about the universal rights of humans in international law and its associative laws of war.
Violence is the Result of Underdevelopment
Domesticated in the shadow of juridical power by the threat of incarceration, critics of the previous position might also point to our shared material gains and sense of
time when Hitler used
US race laws as a model for the Third Reich ( Whitman,
2017 ), or to slavery and genocide against Native Americans, or forward again to the use
of mass incarceration by liberals in the US more recently ( Murakawa, 2014 ). We can add torture by the British government in Aden and Northern
Ireland and more recently, as we well know, US torture in the ‘war on terror’.
These are just the examples that come to mind. There are many more.
Yet, having said all of that, it remains a core liberal belief that, broadly speaking
collectivisation or individualisation of guilt.
Field observation, central Rwanda, 31 July 2007.
I provide such descriptions to clarify the nature of the interventions during trials. ‘Survivor’ refers to genocide survivors; ‘prisoners’ are individuals who were incarcerated at the time of the trial proceedings; ‘released prisoners’ had been in prison for alleged participation in the genocide but had been released before trial; those ‘accused in gacaca ’ are individuals accused of genocide crimes who had not been imprisoned at the time of the proceeding; and
Poets, after China, Turkey boasted the largest number of imprisoned writers and journalists in the world. It had incarcerated 132 writers for thought crimes; ordered the closer of 152 associations, newspapers and magazines all of which were guilty of criticizing government policy, while Turkish officials had banned 331 subversive books and newspapers. 88 In July 1999, the Turkish Press Council published the names of fifty-five journalists who, having written articles deemed harmful to the Turkish state, were either in prison or facing criminal charges. The Voice of
abuse of rights. Bodies such as Amnesty International, the World Council of Churches and the US State Department regularly comment on patterns of systemically imposed discrimination. Most notably, UN committees and treaty monitoring bodies have been increasingly expressing their concern with aspects of Indigenous life conditions, with the UN Committee on the Elimination of Racial Discrimination (land rights and sentencing regimes), the UN Human Rights Commission and the Committee Against Torture (sentencing regimes and incarceration practices) registering disapproval