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Edited by
Rosa Andújar, Barnard College, Columbia University,Elena Giusti, University of Cambridge,Jackie Murray, State University of New York, Buffalo
This chapter looks at the relationship between papyrology and race from a historical and disciplinary perspective. European imperialism, from Napoleon’s expedition onwards, enabled the legal and illegal transfer of a hundred thousand papyrus fragments from Egypt to Europe and North America. The process was sustained by White race supremacy ideas, which most scholars embraced, according to which Egyptians and their Ottoman ruling elite were incapable of appreciating the real meaning of antiquities, including manuscripts, putting at risk their preservation. The accumulation and archival of papyri in European and North American collections went hand in hand with a programmatic exclusion of Egyptians from studying the material and was functional to the creation of a new academic field, papyrology, controlled by White classicists. The chapter’s conclusion opens question about future directions, regarding both colonial collections and institutional inequality.
Chapter 6 analyses how legal procedures were included in the Paris Peace Treaties in order to solve one of the most sensitive and politically controversial questions of the post-war order: the payment of reparations from former Central Power governments or individuals to Allied individuals. In accordance with the peace treaties, 39 Mixed Arbitral Tribunals were established after 1920 to decide on private Allied claims for damages that had occurred during the war due to acts by former Central Power governments or individuals. The fact that an international court system permitted private individuals to raise claims against foreign governments was seen as a radical novelty; and even more so since tens of thousands of claimants throughout Europe and beyond attempted to receive compensation for claimed losses. From an Allied point of view, these new tribunals served justice, deemed to be at the core of the Paris Peace Treaties system. Yet, for the former Central Power governments, their legal advisers, and scholars, the Mixed Arbitral Tribunals were nothing but elaborate examples of victor’s justice characterized by unclear competences and applicable law.
After the shallow stabilities of the mid 1920s, marked by Locarno and modest economic recovery, the Great Depression returned Europe to crisis. The Versailles order crumbled, from Stresemann’s western conciliation to national minority protections. Then, presaged by his predecessors’ burial of reparations and plans for rearmament, Hitler’s aggressively distinctive program unfolded: accelerated German restoration; economic autarky; racially defined Lebensraum in the east; heedless antisemitism. In response, Britain and France wavered. French policy oscillated among cynicism, fatalism, and confusion. Prioritizing imperial security, Britain decisively rearmed, aiming to counter Japan and Italy, while containing Hitler in western Europe. By 1937, under new Prime Minister Chamberlain, that approach solidified into “appeasement”: satisfying Hitler in eastern Europe would reduce Britain’s European obligations; free its ability to protect the Empire; create time to rearm. With the naivety of imperial arrogance, Chamberlain expected Hitler to be lastingly bought off. During the intensifying brinkmanship of 1937––1938, culminating in the Munich Conference, he followed that course to its end.
This essay explores what it means to reckon with imperial violence decades after the Japanese Empire’s demise in 1945. Through legal, historical, and ethnographic analyses of civil lawsuits filed in courts across Japan since the 1990s by Chinese and South Korean victims seeking apologies and monetary compensation from the Japanese government and corporations involved in enslavement, I explore how the lawsuits exposed a politics of abandonment that left victims of imperial violence unredressable for decades. This evasion of imperial accountability, I argue, was etched into the legal, economic, and diplomatic structures of what I call the unmaking of empire—the entwined processes of de-imperialization and de-colonization. The move from empire to nation-state thus produced transitional injustice which calls for post-imperial reckoning: a double task of accounting for both the original imperial violence and the politics of abandonment after empire in perpetrator and victim nations. I show how new legal and moral landscapes for imperial reckoning are expanding the scope and agency of accountability, challenging accepted models of redress and raising the stakes for current generations to reckon with unaccounted-for pasts.
The rules of state responsibility are set out in the International Law Commission’s (ILC) Articles on the Responsibility of States for Internationally Wrongful Acts. This chapter introduces the basic features of the ILC’s Articles on State Responsibility, beginning with an explanation of what constitutes an internationally wrongful act. It then discusses the circumstances precluding wrongfulness that may be invoked by states seeking to avoid responsibility for an internationally wrongful act. The chapter then covers the aftermath of an internationally wrongful act, which can involve legal consequences, such as reparations, as well as countermeasures. This chapter focuses specifically on the responsibility of states, rather than the responsibility of international organizations or individuals.
Reparation programmes for redressing human rights harms form a central pillar of transitional justice. Reviews about the success of such programmes, however, remain mixed: in terms of outcomes, they often fail to meet the justice needs of affected populations; in terms of process, there is agreement about the importance of meaningful participation, but only a minimal understanding of how to carry this out effectively. To develop a sound theoretical framework to guide actors interested in developing reparations programmes, this chapter builds on the theory of relational justice to provide both an instrumental and legal justification for inclusive processes in the design, implementation, and evaluation of reparations programmes. We argue that reparative processes should be mindful of building and repairing relations, especially between affected populations and the government that failed to protect them. We conclude by proposing four criteria we believe are fundamental for taking a relational justice approach to reparations.
Victims’ demands for reparations are epitomised as a non-violent resistance to the violence they have suffered. The chapter explores how victims resist state narratives, coercive tactics, and violence in their claims for reparations, reflecting on the long-term impact of such resistance. Drawing on interviews with over 100 victims across six case studies, the chapter develops three themes around resistance: social mobilisation; self-repair; and the struggle for reparations. It examines various forms of non-violent resistance, including bottom-up approaches, documentation of violations, and the creation of subalternate perspectives. The chapter also addresses the role of social movements in reparations, emphasizing the dynamic process of collective identity formation, grievance framing, and the negotiation of justice. In conclusion, the chapter underscores the importance of understanding reparations as a multi-faceted struggle involving legal, political, and social dimensions, and the need for continued advocacy and research to address the complexities and challenges faced by victims in their pursuit of redress.
Governments command tax revenue to provide services. The US government’s revenue is lower than that in Western European nations. The latter provide services such as universal healthcare, paid parental leave, and free education. A large portion of the US government’s revenue supports the military, which comprises almost half of the world’s total military expenditures. The richest 400 American families pay the lowest tax rate today, in sharp contrast to their paying the highest share in the 1950s. The federal government borrows to pay for services rather than resort to taxing the rich. Americans seem more accepting of not redistributing wealth than Western Europeans. Policies not supported by the elite are unlikely to become law. Poorer people are less likely to vote in the US. Since the 1950s, US states with the most liberal policies have had better mortality trends than conservative states. Americans prefer medical care spending over public health and social spending. Neoliberalism has increased economic inequality and produced a rightward political shift. Reparations can improve racial inequalities
Abstract: This chapter considers three key types of international judicial remedies, exploring their content, availability, and behavioural influence. Through Mere Adjudication, an adjudicator establishes the existence, applicability, and content of legal rules. Through a Declaration of Breach, a court declares that a party’s conduct violates legal obligations. Where a violation is found, international courts often establish Consequential Duties, determining how a wrongdoer must act to bring an end to its violation and provide reparation for injury. Overall, international judicial remedies seek to prevent states’ adoption of unilateral remedies, grounded on their own understanding of the law and facts. International courts are unable to determine the application of coercive measures against states. Thus, every remedy is a communication regarding either the interpretation of the law or the application of this law to conduct. Judicial pronouncements have remedial value if they are able to mobilise pro-compliance forces, internal and external to states, by which the international normative framework guides state conduct.
Chapter 3 argues that the Kremlin’s main goal was to win the war as quickly as possible. Its second goal was to impose friendly governments to help with the war effort and to ensure future control. Its third policy objective was the economic exploitation of occupied areas. The well-being of civilians did not register as an issue unless the Red Army’s ill-disciplined conduct became a political problem. The countries that fought against the Soviet Union – Romania, Hungary, and Austria – faced more severe occupation policies than Bulgaria or Yugoslavia.
Transitional justice has become the legal and moral grammar for articulating victims’ demands for justice in conflict-affected societies. Yet it is a grammar that deftly places the responsibility for addressing impoverished victims’ main concerns, namely economic and social rights (ESR), in other fields. This is largely possible thanks to the ‘separability thesis’, according to which ESR and reparations are conceptually distinct, and therefore the guarantee of ESR cannot be considered a means of reparation. This thesis, now widely accepted by scholars, UN special procedures, and the Inter-American Human Rights System, places victims in a situation where they can be repaired while remaining poor. This article critically examines the development of this thesis during the encounter with transitional justice in Colombia and clarifies the important role it has played in the remaking of the field and its application in conflict-affected societies. Drawing on the lessons of this conceptual history, the article argues for the development of a framework that articulates victims’ everyday ESR claims in terms of reparation, and explores human rights bodies, traditionally neglected in the transitional justice literature, that are well suited for this purpose. Reconsidering the separability thesis requires rethinking the state–individual relationship, understanding state power not only as a source of mistrust and a target of stigmatization, but also as an active agent in addressing socioeconomic wrongs. With this shift, the article anchors the literature on transformative reparations within the normative framework of the ICESCR, while acknowledging the realpolitik constraints that affect the guarantee of ESR.
This article proposes a definition of the concept of postcolonial justice in view of elaborating a fruitful theoretical framework for connecting distinct demands for racial, cultural, epistemic, memorial, and spatial justice that have been emerging on a global scale in the last two decades. The article conceives postcolonial justice as both critical and reparative, maintaining that reparation claims must be considered a crucial pillar in a theory of postcolonial justice. It also argues that postcolonial justice is better understood as a complement to a radically egalitarian conception of global social justice, which is anti-capitalist and anti-colonial. Finally, it concludes that while reparations are relevant for an anti-capitalist and anti-colonial theory of global social justice, the reparative grammar of postcolonial justice is not sufficient to target current distributive inequalities that depend on existing infrastructures of domination. The latter cannot be repaired and should instead be abolished.
International humanitarian law (IHL) has been under immense pressure in the past few years. Despite IHL being created to mitigate suffering in armed conflicts, in recent years it has been leveraged by some as a means of justifying violence against civilians under the guise of proportionate incidental loss. With IHL lacking organic international accountability mechanisms, some States have “gamed” the rules of this body of law, resulting in military operations causing the deaths of tens of thousands of civilians that are defended as legally justifiable. Such arguments are a far cry from the original founding impetus of IHL, based on Dunant’s idea of humanity as “a kind of energy which gives one a positive craving to relieve as many as one can”. In this article, we argue that to re-emphasize humanity, it might be necessary to focus on other means of accounting for civilian harm, whether it is lawful or unlawful. Traditionally, criminal prosecutions have punished grave breaches of IHL or war crimes, neglecting the place of redress. Other bodies of international law, such as international human rights law, have expanded litigation possibilities for individual civilian harm in armed conflict at both the domestic and international level. Many of these cases have helped shape the key components of human rights law and have provided a strong incentive for States to ensure rights, protect victims and prevent future violations. Yet lawful civilian harm, where States find that incidental civilian loss is not excessive in relation to the military advantage gained, may provide no legal avenue to a claim of a violation of IHL or human rights law.
If IHL is considered from a civil (delict/tort) litigation and operational perspective, it can better recognize the agency of civilians and can be an avenue to respond to their harm and mitigate its repetition in military operations. It can also bolster the precautionary principle of militaries taking “constant care” to spare the civilian population from the ravages of armed conflict. This can be seen in the US and Dutch militaries adopting civilian harm mitigation and response (CHMR) action plans that go beyond IHL compliance and see civilian harm as also a moral and strategic concern. The increasing use of both civil litigation and operational CHMR is, we argue, representative of an increasing trend to uphold humanity in line with the spirit and purpose of IHL. We outline how this can be embedded in the operationalization of the principle of precaution and the duty of constant care as an obligation of due diligence to redress civilian harm, whether lawful or unlawful, as a basic tenet of humanity in war.
This chapter examines the drastic deterioration of US–Soviet relations from 1945 to Stalin’s death in 1953. It argues that the “cold war” was neither inevitable nor an objective reality. Instead, the shift from negotiation to confrontation was spurred by misconceptions, and the intense mutual enmity stemmed from subjective constructions as much as divergent fundamental interests. US leaders’ expectations that America’s unrivalled economic strength and monopoly on nuclear weapons would lead the USSR to go along with US plans for the postwar world collided with Soviet leaders’ determination not to be intimidated or to relinquish their domination of Eastern Europe. Journalists and propagandists on both sides worked to reshape public images of their former allies, stoking fears and inflaming ideological differences that had been set aside earlier. Key US officials, particularly George F. Kennan, exaggerated the US ability to shake the Communist system’s hold on the peoples of the USSR. through propaganda and covert action. Meanwhile, Soviet propagandists misleadingly depicted American media demonization of their country as part of US preparation for war against the USSR.
The alliance between the United States and the Soviet Union during the Second World War has often been seen by Americans as at best a temporary necessity to defeat Nazi Germany. In contrast, this chapter emphasizes how much American and Soviet attitudes changed during the war and how many people in both countries came to believe the wartime collaboration would be a foundation for postwar cooperation. While many American politicians, journalists, and historians have downplayed or even forgotten the vital Soviet role in the crushing of German armies, during the war most Americans were keenly aware of the enormous sacrifices made by the Soviet people. By the Soviet victory at Stalingrad in early 1943, mainstream media in the United States lionized not only the Red Army but even Joseph Stalin. The massive US Lend–Lease aid to the USSR was not crucial to the Soviet survival of German offensives in 1941 and 1942, as some have claimed, but it did significantly enhance the Red Army’s mobility and communications, thereby hastening the joint allied victory in Europe by May 1945.
In the wake of the 2015 attacks claimed by the Islamic State on the satiric magazine Charlie Hebdo, the Bataclan theater, cafés in Paris, and the Stade de France in Saint-Denis, survivors were granted reparation based on an already existing legal framework. This article traces the history of compensation for terrorism in France back to a previous campaign of bombings carried out by Lebanese Hezbollah on iconic Parisian sites in 1985–1986 and, beyond the conjuncture of the late 1980s, to the Algerian War of Independence (1954–1962). While genealogies of human rights have so far focused on the aftermath of World War II and the history of the Holocaust, the paper uncovers the wars of decolonization as a key historical conjuncture for the emergence of contemporary humanitarianism and for the structuring of its fundamentally ambivalent discourse. A review of the successive arguments over how to draft, amend, and rewrite the reparation statutes in the late 1950s reveals how compensation was weaponized as an integral part of the “war on terror.” The paper then brings the analysis into the 1980s and the creation of a compensation fund as part of the 1986 Prevention of Terrorism Act. Reparations for terrorism emerge not only as a form of humanitarian intervention but also as a tool of counterinsurgency warfare in its own right. On a historiographical level, I draw on David Scott’s concept of “problem-space” to analyze the late 1950s and 1980s as imbricated conjunctures bearing an exceptional testimony to the history of the present.
Chapter 7 uses the life and career of US Supreme Court Justice Louis Brandeis to contemplate how a Progressive social-justice advocate might seek to redress entrenched housing segregation today. While acknowledging that Brandeis did not expressly speak out for racial equality in strong and unequivocal words in judicial opinions, the chapter looks for present guidance in the kind of lawyer Brandeis was, including his Progressive cause advocacy and pioneering of the Brandeis brief using extensive social science data to support government policies addressing social and economic inequalities. Observing that the National Association for the Advancement of Colored People (NAACP) successfully used the Brandeis brief technique to overturn racial segregation in the courts, the chapter highlights the importance of evidence from sociological study about the adverse impacts of housing segregation and the interconnectedness of race and poverty in housing conditions. Brandeis would be cautious about judicial imposition of reparations but would support legislative consideration of reparations to remedy past discrimination, tailored to balance benefits and costs, as well as state and local policy solutions as laboratories of democracy.
In the aftermath of George Floyd’s killing by police in 2020, polls showed White Democrats as the most racially progressive group of Americans. In this paper, we examine this group’s racial progressiveness. Using the racial resentment scale deployed in the American National Election Studies, we show that the youngest generation of White Democrats has become more liberal on race when compared to older generations of Democrats and both younger and older generations of Republicans. We examine White Democrats’ racial attitudes further using four framing experiments that we embed in a nationally representative survey. The experiments demonstrate that younger generations of Democrats are often, but not always, the group most supportive of progressive racial rhetoric when compared to older Democrats, Republicans in their generation, and older Republicans. Older Democrats often mirror the attitudes of their younger counterpart. Thus, we find that racial attitudes are shaped not just by generation but also by partisan cues. Last, when it comes to reparations, young Democrats are merely less hostile to the policy than other groups in our sample but do not endorse reparations. Overall, our findings thus suggest that while younger generations of Democrats are sometimes more progressive in their racial attitudes than other groups, their racial attitudes are somewhat inconsistent. While they support racially egalitarian rhetoric, they do not express the same level of support for a policy designed to create equal material conditions.
This article examines how the California Reparations Task Force (2021–23), a government advisory body, grappled with the question of which Black Americans should be eligible for reparations. Some Task Force members and activists advocated a lineage approach that restricts eligibility to people whose ancestors were enslaved in the United States. Others supported a Pan-African approach that includes all Black residents. The Task Force voted narrowly for the lineage approach. Surprisingly, however, and not acknowledged by most observers, most of the Task Force’s Final Report implicitly adopted a tiered approach, which follows the lineage approach for some policies and the Pan-African approach for others. It also includes universal policies for all, as long as they include a reparatory dimension. The Final Report thus challenged the assumption that all reparations policies would follow a single standard of eligibility. The tiered approach emerged in part because it complies with United Nations guidelines on reparations. It appears more likely than the other approaches to increase public support for reparations.
Chapter 3 is a critical genealogy which rests on a history of the global project’s trajectories in Bosnia and Herzegovina (BiH) to reevaluate contemporary conceptions of ‘Never Again’. It paints the picture of the material and ideational aspects of the transitional justice project in this country from the establishment of the International Criminal Tribunal for the former Yugoslavia in 1993 to the myriad of measures of institutional and legal reform implemented by the international community actors present in BiH in the early 2000s. The chapter opens with a brief description of the dissolution of Yugoslavia and the war 1992–1995. It then illustrates the conflict resolution process and explains what kind of BiH was imagined in the 1995 Dayton Peace Agreement. Next, the chapter outlines a skeleton of transitional justice in this country to show that certain areas, such as criminal justice and institutional reform, have been significantly more developed than others, putting these developments into the context of the promises of neoliberal legalism. Finally, the chapter poses questions about the end of transitional justice in BiH.