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
The book explores the relationship between violence against women on one hand,
and the rights to health and reproductive health on the other. It argues that
violation of the right to health is a consequence of violence, and that (state)
health policies might be a cause of – or create the conditions for – violence
against women. It significantly contributes to feminist and international human
rights legal scholarship by conceptualising a new ground-breaking idea, violence
against women’s health (VAWH), using the Hippocratic paradigm as the backbone of
the analysis. The two dimensions of violence at the core of the book – the
horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’
dimension – are investigated through around 70 decisions of domestic, regional
and international judicial or quasi-judicial bodies (the anamnesis). The concept
of VAWH, drawn from the anamnesis, enriches the traditional concept of violence
against women with a human rights-based approach to autonomy and a reflection on
the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised
in the book allows the reconceptualisation of states’ obligations in an
innovative way, by identifying for both dimensions obligations of result, due
diligence obligations, and obligations to progressively take steps (treatment).
The book eventually asks whether it is not international law itself that is the
ultimate cause of VAWH (prognosis).
‘Case history’ on violence against women, and against women’s rights to
health and to reproductive health
Sara De Vido
on perinatal shackling was filed in 1993 in the USA as a class
action. The plaintiffs were female prisoners incarcerated in three facilities in the
District of Columbia. They complained of sexual harassment and inadequate
obstetric and gynaecological care offered to female prisoners. In the judgment
of the District Court, it was reported that ‘when Defendants transport pregnant
women prisoners on medical visits they customarily place women in leg shackles,
handcuffs and a belly chain with a box that connects the handcuffs and belly
chain,’ and that ‘a physician
This article has two aims: to examine the effects of victim proximity to crematoria ashes and ash pits both consciously and unconsciously in a subset of Holocaust survivors, those who were incarcerated at the dedicated death camps of Belzec, Sobibor, Treblinka, as well as Auschwitz-Birkenau; and to contrast these effects, the subject positions they produce, with their suppression as the basis both for a strategy of survival during incarceration and for a reimagined identity after the war. Within a cohort of four survivors from Rudolf Reder (Belzec), Esther Raab (Sobibor), Jacob Wiernik (Treblinka) and Shlomo Venezia (Auschwitz), I trace the ways in which discrete memories and senses became constitutive in the formation of the subject prior to and after escape – the experience of liberation – so that essentially two kinds of subjects became visible, the subject in liberation and the subject of ashes. In conjunction with these two kinds of subjects, I introduce the compensatory notion of a third path suggested both by H. G. Adler and Anna Orenstein, also Holocaust survivors, that holds both positions together in one space, the space of literature, preventing the two positions from being stranded in dialectical opposition to each other.