The Kiessling Papers

Permanent URI for this collectionhttps://hdl.handle.net/1807/26302

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The Banality of Evil?: How the International Criminal Court prosecution portrays the motives of the accused
(2022) Gilboa, Ori
How do prosecutors at the International Criminal Court narrate the criminal motives of the accused during trial? How does this differ (if at all) from mass media narratives concerning the motives of persons tried at the Court? And, finally, how can we begin to explain the characterization that the prosecutors choose to pursue? Drawing on the opening statements made by prosecutors during the trial phase of proceedings, I show that prosecutors tend to turn to the more ordinary narratives of political ambition and greed as explanations for the accused’s motives. Second, by turning to newspaper coverage of the ICC trials, I show that this depiction is not the only plausible one for the motives of the accused. Instead, I find that much of the narrative in the media focuses on extraordinary motives (including ethnic, religious or racial animosity and a ‘heart of darkness’). Finally, I argue that the deliberate choice of prosecutors to cast the motives of the accused as they have is one mechanism with which they resist the charge of politicization of the court. As an institution that is anxious to present itself as apolitical, yet is closely nestled to state power, the ICC adapts its conceptual thinking of crime to meet the demands of legal autonomy by casting crime as an economic rather than a political matter.
Decolonizing Sex Work in Canada: Assessing the Impact of Government Regulation on the Wellbeing of Indigenous Sex Workers
(2020-08) Wilson Narciso, Sydney
Canadian sex work regulation is a historically rooted colonial tool used to control Indigenous bodies and their mobility in Canada. Indigenous women make up 2.5-3% of the general population in Canada, yet they comprise over 50% of street sex workers and data suggests they are also significantly over-represented in other forms of sex work. The close relationship between Canadian colonialism and sex work regulation, and the over representation of Indigenous women in this area suggests that creating sex work legislation that empowers Indigenous sex workers should be considered as a form of reconciliation. To generate lessons for how this form of reconciliation may be achieved in Canada, this paper compares the Nordic and New Zealand Models of government sex work policy by assessing their impacts on Indigenous women sex workers' wellbeing. The Nordic Model, which was adopted in Canada in 2014, was found to have resulted in the reinforcement of negative stereotypes, increased surveillance and policing of Indigenous communities, and the creation of situations which reduce Indigenous sex worker’s health in Canada. By contrast, the New Zealand Model increased Indigenous sex workers wellbeing through decriminalization and espousing a specifically pro-sex worker stance in their policy creation and implementations processes.
A Humanitarian Assessment of the Arms Trade Treaty: Reducing the Proliferation of Conventional Weapons to Civilian Combatants
(2019) Samler, Danielle
The Arms Trade Treaty, enacted in 2013, aims to decrease human suffering by limiting the international supply of conventional weapons. However, this treaty has not created a positive obligation on states to respect international humanitarian law due to competing interests, lack of enforcement, and ambiguity. This paper analyzes the proliferation of violence resulting in violations of both international humanitarian law and international human rights law attributable to the availability of conventional weapons supplied through the international arms trade. By analyzing the cases of Saudi-Arabia, Iraq, Syria and Sudan, this paper highlights the urgency of creating more legal obligations on States to stop the widespread availability of weapons. At the root of the problem is the fact that the weapons intended to provide security for the State and its civilians are being used by the very people that International Humanitarian Law seeks to protect.
Federalism, Freedom and Fear-Mongering: Democratization and Violent Conflict in Rakhine State, Myanmar
(Trudeau Centre for Peace, Conflict and Justice, 2017-12) Hussain, Naveeda
This study examines how the implementation of a federal constitution and the process of democratization in Myanmar have led to increased violent conflict between two ethnic groups: the Rakhine Buddhists and the Rohingya Muslims. Electoral competition, new democratic freedoms and the opportunity to wrest power from the central government through taking control of state level parliaments has invigorated ethnic tensions. These new opportunities create incentives for Rakhine nationalist parties to propagate myths and stoke fears on violent Rohingya intentions, positioning themselves as the only entities capable of preserving the Rakhine race. The paper focuses on the period from June 2012- April 2017, examining electoral data, the evolution of political parties in Rakhine State, the impact of Rakhine civil society, the violent clashes of 2012, 2014 and 2016, and the measures taken by the government to restrict Rohingya rights. In highlighting the limitations and challenges of structural and systemic reform in mitigating inter-ethnic conflict, this paper emphasizes the importance of understanding context and cultivating institutions before transitioning to democracy.
Arts and Sports in South Africa: Alternative Post-conflict Peacebuilding Tools for Positive Peace
(Trudeau Centre for Peace, Conflict and Justice, 2016-11) Agudelo Velez, Maria
This paper explores the effectiveness of arts and sports programs in the construction of positive peace in South Africa after Apartheid. It does so by collecting information on different arts and sports programs carried out by government and non-government organizations which take place in different cities and townships located in three of the main provinces of the country: Gauteng, Western Cape and KwaZulu Natal. I documented the impact of arts and sports programs in the construction of positive peace. To measure the contribution of these programs I used social cohesion as an indicator of peacebuilding. I argue that although arts and sports programs are effective in promoting social cohesion within communities of the same race, they fail to encourage social cohesion among communities of different races. The existing economic divide of social classes in South Africa contributes to the lack of social integration between black and white South Africans. Hence, in order to promote social cohesion at a national level, it is imperative to breach the economic inequality gap which is entrenched in the existent racial divide from the Apartheid era.
The Making of the Iranian Refugee: From Revolution to Asylum
(Trudeau Centre for Peace, Conflict and Justice, 2015-11) Zapparoli-Manzoni-Bodson, Alizee
This paper follows the narratives and trajectories of Iranian asylum-seekers in Turkey as they undergo the process of applying for refugee status through the UNHCR. Ethnographic work conducted in three satellite cities, Yalova, Eskişehir, and Denizli, reveals the dynamic narratives of Iranian asylum-seekers as they grapple with their past and attempt to forge new identities while they navigate their way through difficult institutional frameworks. The findings of this study offer an overview of the different groupings of asylum-seekers and their narratives, including Azaris, political activists, members of the LGBT community, and members of religious groups including, Christians and Baha’i. Furthermore, this paper argues that the oppressive frameworks imposed on these individuals as they apply for asylum-seeker and subsequently refugee status create an environment that fosters the form of dynamism needed to fit within the parameters of the 1951 Refugee Convention’s criteria. Engaging the application of Ian Hacking’s notion of dynamic nominalism to the refugee category with the narratives of Iranians in Turkey offers insights into the performance of the refugee identity and how this process and the state of limbo experienced in Turkey impacts upon greater collective interpretations of the past, the homeland, the nation, ethnic identity, as well as present and future aspirations. Finally, parallels are drawn to narratives found in diasporic literary texts that further demonstrate the impacts of shifting identity.
Asking for It: Evaluating the Framing of the Sexual Violence Epidemic in South Africa
(2015-01) Mpalirwa, Danielle
This article offers an analysis of the framing of sexual violence in newsprint media in the two year period (February 2012 to February 2014) surrounding the gang rape and murder of Bradasdorp teenager, Anene Booysen, on February 2, 2013. This article seeks to identify the frames used by the media and civil society to address the prevalence of sexual violence in South Africa as well as to assess the impact her case had, if any, on the broader discourse of sexual violence in the country. A key finding was that sexual violence is predominantly framed in the media as a gender issue fostered and perpetuated by prevailing patriarchal attitudes that allow men to feel entitled to women and children’s bodies. Institutions, particularly the South African government and the South African Police Service (SAPS) are also blamed for the failure to curb this “scourge” of South Africa. The research results also indicate that although Anene Booysen’s death triggered a massive outcry from civil society, government officials, celebrities, clergy, and citizens alike, it did not have a significant impact on the sexual violence discourse in South Africa. I conclude that a gender-neutral rights based framework is necessary to capture the complex dynamics of sexual violence and engage stakeholders in a meaningful discussion on how to address the epidemic.
Restoring Property and Citizenship: Land Restitution in South Africa and Canada
(2014-05-12) Dyzenhaus, Alexander
The driving question for this paper relates to the deprivation of citizenship and how states must go about correcting these past injustices. Specifically, I look to examine the dispossession and restitution of land and property rights in South Africa and Canada. First, I try to illuminate the role of property rights as a citizenship right, finding a correlation between one’s conception of property as either a positive or negative right and one’s beliefs about what amounts to an equal distribution of rights. Then I determine that in both cases it is the nature of the initial dispossession and the initial injustice which determines how the dispossessed make their claims to property restitution and justice. This explains why dispossessed Aboriginal peoples in Canada make a claim to a specific non-economic relationship to the land, while the dispossessed black South Africans claim restitution more as a means to economic welfare.
Perceptions of Children Involved in War and Transitional Justice in Northern Uganda
(2013-03-28) Atri, Sima ; Cusimano, Salvator
This community-based study documents Northern Ugandans’ attitudes towards children affected by the war between the government of Uganda and the Lord’s Resistance Army, and towards transitional justice processes surrounding the conflict. Perceptions of children associated with armed groups were found to be generally positive, but reflected conflict within and between individuals and communities about how to confront the crimes committed during the war. Perceptions of children associated with armed groups are also positive, but similarly contain contradictions and highlight continuing challenges for reintegration and the prevention of recruitment of children. This study also documents the underreported involvement of children in the Auxiliary Forces of the Government of Uganda, showing that due to political and practical difficulties, few received assistance upon their release. We recommend that rehabilitation and reintegration programs for children associate with armed groups should be tailored to the specific needs of the particular child, considering particularly their gender and experiences in captivity. At the same time, these programs must also account for the community’s social, cultural, and economic context. With respect to transitional justice, we call for a clarification of the legal basis and implementation of the Amnesty Act. Additionally, we urge the International Criminal Court to investigate alleged crimes of agents of the Ugandan Government and promote the use of the Trust Fund for Victims to channel reparations to affected communities.
Beyond GDP: Enabling Democracy with Better Measures of Social Well-Being
(Trudeau Centre for Peace and Conflict Studies, 2005-06) Frecker, Karen
A renewed global interest in social well-being and the monitoring of living conditions is reinvigorating the search for better measures of social performance. This two-part paper examines the nature of social performance indicators (SPIs) and the factors that affect their usefulness as tools for social analysis, social change and the evaluation of public institutions. It describes 12 projects producing SPIs, evaluates them according to a new set of 14 criteria, and concludes that the best SPIs foster greater democracy.
Perspectives and Biases of Chinese and Japanese Youth on China-Japan Relations: The Influence of Social Identity
(Trudeau Centre for Peace and Conflict Studies, 2011-02) Geng, Yinuo
This paper analyzes the rationale behind perceived negative sentiments between the youth of China and of Japan. It begins by asking the question why a certain population group—youth—in both countries often respond strongly to interpretations of historical events and maintain antagonistic perceptions of each other. What is the underlying factor that drives such negative attitudes for a generation that has not experienced the horrors of war? The China-Japan case will seek to demonstrate how societal instabilities and increasing interdependence interact to create opportunities for virulent nationalism if the bilateral relationship in question contains differing interpretations of shared historical memory, which becomes a focal point in the formation of nationalistic group identity. As nationalism is, by definition, in comparison to an “other”, there is a clear association between domestic identities and international politics. Under circumstances where relations between two countries allow for significant interactions within a context of past animosities, negative biases tend to develop through mutual comparisons. In the case of China and Japan, it will be argued that this trend, instead of more traditional explanations of economic competition and strategic rivalry, best explains the growing hostilities and nationalistic resentments between the youth in these two Asian nations. That is not to dismiss the importance of economics and geopolitics—after all, it is precisely the cooperation and competition in these areas that allow for more interaction and comparisons between countries—but rather to argue that they are not the seminal motivations for the emotional reactions of the average person and, most especially, of youths to this bilateral relationship. Hence, to truly understand this phenomenon of nationalistic antagonism, the China-Japan relationship is viewed not just through a liberal or a realist perspective, but also through the lens of a constructivist social identity theory.

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