bluuebunny/crossref_metadata_2025 huggingface dataset:
Reciprocity and the Warrior Ethos
Authors: Renic Neil C.
Published: June 2020

This chapter locates the role of reciprocal risk within the warrior ethos. It first outlines that exposure to personal, physical risk has long been regarded as a key element in the ethos-based conception of legitimate violence. It demonstrates this through analysis of ancient warfare, both Greek and Roman, as well as the medieval code of chivalry. As will be further shown, however, the warrior ethos is an evolving framework; one that gives increasing consideration to factors such as restraint and professionalism in determinations of ethical status. This will be confirmed through analysis of premodern, modern, and ‘post-heroic’ warfare. As this chapter will illustrate, the adaptive quality of the warrior ethos is a key explanatory factor in the historical resolution of asymmetry-challenges.
Military Sniping
Authors: Renic Neil C.
Published: June 2020

This chapter explores the asymmetry-challenge of military sniping. It first provides a historical overview of the practice, beginning with early forms of ranged killing and concluding with the sharpshooting of the First World War. The asymmetric potential of this technology will be detailed, as well as the criticism this advantage attracted. The chapter will then clarify that in contrast to its tension with the warrior ethos, the asymmetry-challenge of sniping did not impact the Just War Tradition to a meaningful degree. The chapter concludes by examining the gradual resolution of the asymmetry-challenge of sniping, focusing on the increasingly significant role of combat responsibility in determinations of ethically legitimate violence.
Borders and Legitimacy
Authors: Eleftheriadis Pavlos
Published: June 2020

How do borders affect political legitimacy? Some ‘globalist’ views believe that borders are morally illegitimate. By contrast, ‘political’ views believe that state borders and political institutions create a morally significant distinction between fellow citizens and others. This chapter argues that shared political agency within self-governing states has moral value, such that ignoring it is an act of ethically unacceptable paternalism. An independent political community that meets basic tests of constitutional justice is a ‘normative people’ with its own moral standing, which creates moral duties of respect. States and their borders play a unique role for political legitimacy: they create stable relations of reciprocity and equal citizenship that can only exist within the framework of a political community organized under the rule of a lawful jurisdiction.
Liberty
Authors: Eleftheriadis Pavlos
Published: June 2020

The principle of liberty connects member states directly with ordinary people. It lifts borders for the benefit of European citizens and others. Before the European Union was created, European states assumed that persons were either national citizens or complete strangers. A state was free to discriminate against all non-citizens. ‘European liberty’ eliminates those disabilities by removing all barriers as well as any discrimination for those who move from one member state to another. This has a uniquely liberating effect, since it enables persons to move, reside, study and work throughout the territory of the European Union without administrative obstacles or fear of a change in circumstances. The principle of liberty for all citizens of the member states is one of the most significant novelties of the European Union.
Mathematical Background
Authors: Zubairy M. Suhail
Published: June 2020

In the spirit of making this book reasonably self-contained, certain topics that may be required in understanding the foundation and the applications of quantum mechanics are discussed. Foremost are the definition and properties of the complex numbers, such as De Moivre’s theorem and Euler’s identity. Trigonometry and vector analysis are the necessary topics for almost any discussion of physical phenomena. In this chapter these topics are discussed to the extent that makes their use in subsequent chapters quite natural and normal. Another topic that reverberates throughout this book due to the nature of quantum mechanics is probability theory. Here the main ideas of probability theory are presented that should be sufficient for an understanding of the topics discussed in this book.
Particle Dynamics
Authors: Zubairy M. Suhail
Published: June 2020

In Newtonian mechanics, a particle is described as an object that is characterized by certain properties. The most important characteristics of a particle are its mass, position, velocity, and acceleration. In this chapter, it is shown how a particle follows a well defined classical trajectory. The main characteristics of the dynamics of particles such as linear and angular momentum, force, energy, moment of inertia, and torque are presented. An understanding of these effects is essential in understanding and appreciating the laws of quantum mechanics. As an example of the Newtonian mechanics, the motion of an electron in electric and magnetic fields experiencing Lorentz force is discussed. This example explains how Thomson discovered the electron in the late nineteenth century.
Birth of Quantum Mechanics—Planck, Einstein, Bohr
Authors: Zubairy M. Suhail
Published: June 2020

In this chapter, three problems whose resolution laid the foundation of quantum mechanics are discussed. First the pioneering work of Max Planck is described who explained the spectrum of light emitted from a so-called blackbody by making a bold ansatz that the energy associated with the oscillations of electrons comes in packets or quanta of energy. Second it is shown how Einstein invoked Planck’s hypothesis to explain the photoelectric effect by arguing that light should come in packets or quanta of energy and this energy should be proportional to the frequency. Electrons are emitted if the energy of the quantum of light, which has come to be known as a photon, is higher than a critical value. The third problem relates to the atomic structure of hydrogen. A full description is given of how Bohr applied a quantization condition to explain the emission of light at certain specific frequencies.
Citizen Support for Democratic and Autocratic Regimes
Authors: Mauk Marlene
Published: June 2020

The book takes a political-culture perspective on the struggle between democracy and autocracy by examining how these regimes fare in the eyes of their citizens. Taking a globally comparative approach, it studies both the levels as well as the individual- and system-level sources of political support in democracies and autocracies worldwide. The book develops an explanatory model of regime support which includes both individual- and system-level determinants and specifies not only the general causal mechanisms and pathways through which these determinants affect regime support but also spells out how these effects might vary between the two types of regimes. It empirically tests its propositions using multi-level structural equation modeling and a comprehensive dataset that combines recent public-opinion data from six cross-national survey projects with aggregate data from various sources for more than one hundred democracies and autocracies. It finds that both the levels and individual-level sources of regime support are the same in democracies and autocracies, but that the way in which system-level context factors affect regime support differs between the two types of regimes. The results enhance our understanding of what determines citizen support for fundamentally different regimes, help assessing the present and future stability of democracies and autocracies, and provide clear policy implications to those interested in strengthening support for democracy and/or fostering democratic change in autocracies.
Sources of regime support in democracies and autocracies
Authors: Mauk Marlene
Published: June 2020

This chapter develops an explanatory model of regime support applicable to both democracies and autocracies. The explanatory model includes both individual- and system-level determinants and explicates how these interact in shaping regime support. On the individual-level, it integrates culturalist and institutionalist explanations of support to arrive at five central sources of regime support: political value orientations, societal value orientations, incumbent support, democratic performance evaluations, and systemic performance evaluations. On the system level, it draws on social psychological theories of attitude formation and identifies four sources of regime support: macro-cultural context, macro-political context, actual systemic performance, and level of socioeconomic modernization. Recurring to the fundamental differences between democracies and autocracies, the explanatory model expects the individual-level processes forming regime support to be universal across regime types, but effects of system-level sources of regime support to vary between democracies and autocracies, due to indoctrination and propaganda distorting the attitude-formation process in autocracies.
Conclusion
Authors: Mauk Marlene
Published: June 2020

This final chapter provides a conclusion to the book. It summarizes the theoretical argument and core empirical findings of the book and points out how these contribute to the literature on regime support and its sources. Reviewing the implications of the study’s findings, it revisits the initial question of how stable the world’s democratic and autocratic regimes are likely to be. It also derives policy recommendations for those interested in fostering democratization and/or democratic consolidation. Finally, it suggests directions for future research wishing to build on the present work to take.
Methodology and the Nature of Law
Authors: Himma Kenneth Einar
Published: June 2020

Building on the author’s analysis in Morality and the Nature of Law (OUP 2019), Chapter 2 explicates and defends the philosophical methodology deployed throughout the book. It argues, to begin, that a conceptual theory of a thing can be properly grounded only in an analysis of the canons of ordinary usage governing the associated concept-term together with the assumptions about the metaphysical nature of the thing to which the concept-term refers that help to determine the content of these canons. It goes on to explain how conceptual analysis, thus conceived, can tell us something about the objective world despite being wholly grounded in intersubjective conventions. The chapter ends by describing a two-step methodology for explicating the metaphysical nature of a thing as it is determined by the canons governing the use of the associated concept-term.
A Prima Facie Case for the Coercion Thesis: Sanctions as a Paradigmatic Feature of Municipal Law
Authors: Himma Kenneth Einar
Published: June 2020

Chapter 3 undertakes the first of the two steps of the modest approach explicated in Chapter 2 by showing that the Coercion Thesis better coheres than its negation with the canons of ordinary usage as they reflect our experience with systems of municipal law. It begins with an explanation of the canons of ordinary usage with respect to using the term law as it pertains to legal systems. It then argues that every existing system of municipal regulation we characterize as law backs some mandatory legal norms governing non-official behavior with the threat of incarceration. Since our experience with respect to distinguishing things counting as law from things not counting as law conforms to what one would expect given dictionary reports of the relevant canons of usage, these reports accurately express the linguistic conventions we adopt for using law and define a prima facie case for the Coercion Thesis.
What Law Must Be Able to Do: The Coercion Thesis and the Need to Keep the Peace
Authors: Himma Kenneth Einar
Published: June 2020

Chapter 4 begins the second step of the modest analysis undertaken in this volume with an argument grounded in a claim about the function something must be able to perform to be properly characterized as a system of law. It argues that it is a conceptually necessary condition for something to count as a system of law that it is reasonably contrived to keep the peace among rationally competent self-interested subjects like us in worlds of acute material scarcity like ours by regulating behavior through the governance of norms metaphysically capable of guiding behavior. But the only way that an institutional normative system could be reasonably contrived to do this is by backing some mandatory norms prohibiting assaults on persons and property with the threat of a coercive sanction.
The Coercion Thesis and the How Problem of Legal Normativity
Authors: Himma Kenneth Einar
Published: June 2020

Chapter 6 addresses the How Problem of Legal Normativity, arguing that the only practices plausibly thought to be conceptually necessary features of a legal system that are minimally equipped to explain how the practices constituting something as a system of law are reasonably contrived to give rise to the right kind of motivating reasons to comply are those that back mandatory legal norms governing non-official behavior with the threat of a coercive sanction. Apart from the existence of the legal norms authorizing courts to impose coercive sanctions for non-compliance with the relevant mandatory legal norms, there is nothing in the practices constituting something as a system of law with the logical resources to explain law’s conceptual normativity. The Coercion Thesis is essential to vindicating both law’s conceptual normativity and the rationality of adopting systems of law to regulate behavior.
The Coercion Thesis and the Order Problem of Legal Normativity
Authors: Himma Kenneth Einar
Published: June 2020

Chapter 7 addresses the Order Problem of Legal Normativity, arguing that there is no reason to think that the practices constituting something as a system of law must be reasonably contrived to give rise to objective exclusionary motivating reasons to comply with mandatory legal norms governing non-official behavior. It argues that there are three basic sources of objective motivating reasons and that there is nothing in these constitutive practices reasonably contrived to give rise to objective exclusionary motivating reasons from any of these sources. It then argues that these constitutive practices are equipped to do everything that a legal system can be non-idiosyncratically used to do simply in virtue of providing objective motivating prudential reasons to comply with mandatory legal norms governing non-official behavior; the claim that these constitutive practices can produce objective exclusionary motivating reasons explains nothing about legal normativity that needs to be explained.
Motion in Classical Literature
Authors: Hutchinson G. O.
Published: June 2020

Ancient literature is full of people, gods, and animals in impressive motion. But while the importance of space has been realized recently, motion has had little attention, for all its prominence in literature, and its interest to ancient philosophy. Motion is bound up with decisions, emotions, character; its specific features are expressive. The book starts with motion in visual art: this leads to the characteristics of literary depiction. Literary works discussed are: Homer’s Iliad; Ovid’s Metamorphoses; Tacitus’ Annals; Sophocles’ Philoctetes and Oedipus at Colonus; Parmenides’ On Nature; Seneca’s Natural Questions. The two narrative poems here diverge rewardingly, as do philosophical poetry and prose; in the prose narrative, as in the philosophical poem, the absence of motion, and metaphorical motion, are important; the dramas scrutinize motion verbally and visually. Each discussion pursues the general roles of motion in a work, with detail on its language of motion; then passages are analysed closely, to show how much emerges when this aspect is scrutinized. A conclusion brings works and passages together. It considers the differences made by genre and by the time of writing. Among aspects of motion which emerge as important are speed, scale, shape of movement, motion and fixity, movement of one person and a group, motion willed and imposed, motion in images and unrealized possibilities. A companion website makes it easier to see passages and analyses together; it offers videos of readings to convey the vitality and subtlety with which motion is portrayed.
Homer,Iliad
Authors: Hutchinson G. O.
Published: June 2020

Motion is fundamental to the Iliad: both its continuous flow of swift movement, and significant refusals to move. In the prime story, Achilles refuses motion, then speeds in action. In mid-poem, forces pressing for motion meet in fixity, until Hector breaks through. The Iliad is more interested in speed than the Odyssey, as analysis of lexicon confirms. It also much exploits the basic traditional language, with e.g. preverbs of direction detachable for emphasis. Verbs of non-motion like ‘lie’ or ‘stay’ acquire great resonance. Particular passages include Helen refusing movement and urging it on a goddess, Andromache’s reluctant and Paris’s eager movement, Nestor’s thought on motion like a poised wave, Hector’s pondering on motion and his flight from Achilles, Patroclus and Hector leaping from their chariots while Cebriones falls. These show: hierarchy, emotion, motion as imagery and as subject-matter for thought, willed motion and motion externally caused (‘intransitive’ and ‘transitive’), the development of narrative in time. Contrasts (as of slow and quick goddesses), conflicts of will (as between Apollo and Diomedes), shapes of movement (as of twisting snake and circling sparrow) construct in the poem a connected and variegated web of motion.
Parmenides,On Nature
Authors: Hutchinson G. O.
Published: June 2020

On Nature is a poem as well as philosophy. The different parts of the poem deny motion, assert motion, offer abundant metaphorical motion. The prominent opposition between motion and immobility is both philosophical and poetic; it differs from, and relates to, verbal and philosophical clashing in Heraclitus. Parmenides’ language presents a further clash between the traditional and the new (Homeric poetry, not prose, but turned in startling directions). The image of the chariot ride has both mythological and contemporary resonance. Most of what remains from the poem is discussed in detail, including: the narrator’s ride towards the unnamed goddess, the two roads of inquiry, a third road wandered on by bewildered two-headed mortals, the revelation of unmoving reality with metaphors of motion, the wandering of the moon (in the world as seen by opinion). These present: arresting combinations of abrupt obscurity and speed, of intellectualism and mythology; a satirical vision of Heracliteans; multiple levels of motion and non-motion in challengingly opaque argument; inferior and superior modes of movement in heavenly bodies. The contrasts involving motion go beyond movement and immobility to wandering and firmly purposeful action. The narrator’s individual motion is enhanced by a group (goddesses) and opposed to groups (mortals and Heraclitean mortals). The treatment of motion is doubly vital to the philosophical poem.
Seneca,Natural Questions
Authors: Hutchinson G. O.
Published: June 2020

Looking at motion in the NQ’s rather posthuman world, and in its physics, prevents too narrow an emphasis on humans and ethics. Yet entities like wind and sea are personified through movement. Transitive (imposed) and intransitive movement have hierarchical consequences; agency and causation enter. Motion runs through the treatment of people, both metaliterary, for narrator and addressee, and satirical, for the depraved. The work’s precision on motion is shown in its handling of verbs and especially preverbs; Seneca’s vocabulary expands for the NQ. The work does not treat the whole cosmos; it concentrates on things that move, especially in disruptive change. The regular movement of heavenly bodies contrasts; spiritus (wind, air) is quite different. Passages include: throwing stones into water, the possibility of fire falling, the journeying of old Hannibal and old Seneca, the types of earthquake, the madness of sailing to war. In them description of motion is both evocative and argumentative, argument on motion is organized and visionary; levels of motion differ pointedly; types of motion are conveyed with nuance; human motion is reproached through elaborate structures of thought, not just shouting. The NQ do not, like narrative works, present a single world to immerse the reader; argument is to the fore, and rival views are prominent (so Democritus on atoms, Epigenes on comets). Truth is reached through observation and understanding of movement (so on the roundness of drops). Motion is presented both with philosophical penetration and with literary richness.
Conclusion
Authors: Hutchinson G. O.
Published: June 2020

Passages and works are now confronted. Works can be viewed along the axes of genre and of time (literary history). A particularly important change is the development of philosophy; but genre affects its impact on works. The worlds which structure motion differ drastically in Metamorphoses, NQ, and Annals, over little more than a century. Worlds can be akin, language divergent—so Iliad and Sophocles—or language akin, worlds divergent—so Iliad and Parmenides. A basic question is whether someone or something is moved or moves, and if moves, whether willingly. A basic variable is speed; speed can also mark hierarchy: gods and heavenly bodies outdo humans. A subtler variable is shape of motion, twisting, circular, straight; straight, purposeful motion is set against planless wandering. An important opposition is between the motion of a group and of an individual. Contrasts of scale matter too. Particularly significant is the opposition between moving and not moving. Literature, still more than art, is interested in levels of motion beyond the immediate: images, possibilities, pondered choices, refuted theories. Motion is important to meaning and to religious and political structuring. Whether or not motion is distinctively important in ancient literature, it has a bearing on modern literature; Tolstoy’s War and Peace illustrates. On the level of narrative, motion is expressive (Natasha’s running); but narrated motion is related to historical motion and the movement of peoples, made up from the individual movements of participants. Imagistic motion abounds, not least the haunting and transcendent comet of 1812.
We the Semites: Reading Ancient History in Mandate Palestine
Authors: Furas Yoni
Published: June 2020

Chapter 5 deals with the representation of antiquity in textbooks, and it shows the resemblances between Arabic and Hebrew textbooks as to their use of the concepts of race and the disparities between them regarding territoriality and identity. Throughout the nineteenth century, new archaeological discoveries uncovered ancient Semitic civilizations, and identified their universal heritage and contribution to humankind. The chapter traces the employment of and engagement with the term ‘Semite’, which was a determinist racial label coined in a scholarly environment where the historicist tradition of the West had merged with biological research about the origin of the species. Further, the chapter explores the racial scientific discourse since the nineteenth century, until the Mandate period in Arab and Jewish historiography. Finally, the chapter illustrates the way in which the Zionist–Palestinian conflict wrote itself into ancient history.
Introduction
Authors: Westwood Guy
Published: June 2020

The Introduction uses the example of a major trial concerning public honours for the politician Demades in the mid-330s BC—but not one from which we have any extant speeches—to outline the stakes involved in the contestation of the past by Athenian orators. The main focus here is on visible signs of memorialization of great civic figures in the form of portrait statues in the Athenian Agora, a focus carried over into Chapter 1. The argument of the whole work is also sketched. The structure of the extended Chapter 1 is explained. Emphasis is laid on the importance of context—historical, cultural, and more narrowly situational—for the interpretation of the orators’ uses of historical examples, arguments, and illustrations—a key concern of the work as a whole.
Demosthenes’ Assembly Speeches
Authors: Westwood Guy
Published: June 2020

Chapter 3 examines Demosthenes’ use of the past in his Assembly speeches (including, for example, the Philippics and Olynthiacs), spanning the period from 355/4 to 341 BC. The chapter plots Demosthenes’ increasing agility in handling the past and his increasing investment in its persuasive potential over that period, as he builds a consistent self-characterization as a farsighted, optimistic, and impeccably democratic and well-intentioned symboulos figure via frequent reference to a wide range of past models, distant and recent. Chapter 3.1 offers an introduction and overview, addressing among other things how far (and in what senses) the practical emulation of past politicians might have been possible for Demosthenes. Chapter 3.2 looks at Demosthenes’ valorization of the correct application of the correct models for each set of circumstances (e.g. for the rise of Philip of Macedon), and of himself as the best adviser because of his superior control of those models. Chapter 3.3 examines three notable techniques that Demosthenes uses to impress the endless relevance of the past on his audience and to ground his expertise and authority as its interpreter: (1) imagining possible rupture in the continuum of Athenian excellence; (2) imagining non-Athenians reflecting on the Athenian past; and (3) contrasting Athenian uniqueness with the vicissitudes of other states. Chapter 3.4 studies an outstanding deployment of the figure of the dead general Timotheus as model for Demosthenes himself in speech 8, On the Chersonese. Chapter 3.5 offers a conclusion.
Conclusion
Authors: Westwood Guy
Published: June 2020

The Conclusion falls into two halves. First, it briefly surveys the immediate historical context of Demosthenes’ Letters from self-imposed exile in or near Troezen, the subsequent Lamian War against the Macedonians, and Demosthenes’ death. It then concisely examines a key passage from the Second Letter as part of a brief exploration of the possibility that Demosthenes was (or became, later in life) genuinely invested in the historical models he used for strategic purposes in his speeches. The Conclusion then turns to look succinctly at the place of Demosthenes’ deployment of the past in his overall oratorical profile and subsequent legacy. A key aspect of the legacy formation is probably his nephew Demochares’ political imitation of his famous uncle. The second half of the Conclusion summarizes the content of each chapter and draws together the themes of the work as a whole, re-emphasizing the strategic possibilities and rewards—and potential pitfalls—which awaited orators in presenting the Athenian past to their audiences.
Context
Authors: Carman John , Carman Patricia
Published: June 2020

This chapter places battles into wider contexts, both conceptual and physical, examining the place of battles in the larger processes of war-making, and how these are reflected in spatial terms. Moving downscale from the larger and more general condition of being ‘at war’ through individual wars to campaigns and individual actions, the chapter relates these to the geopolitical context of conflicts, the theatres of individual wars, the smaller geographical focus of campaigns to the battlefield spaces they contain. In doing so, it considers the relationship of civilians to battle, and of networks of alliance and enmity forged during the course of conflict.
Ownership
Authors: Carman John , Carman Patricia
Published: June 2020

Chapter 5 considers the ways in which claims of ownership and association are made with past battlefields and how these are reflected in processes of memorialization. The chapter also considers conflicts over such claims by looking at issues of occupation and control both by combatants at the time of fighting and those claiming descent from them afterwards. It addresses issues of physical and conceptual possession, and how these relate to issues of identity and heritage.
Experiences
Authors: Carman John , Carman Patricia
Published: June 2020

This chapter combines the concerns of the preceding chapters by examining historic battlefields as places of experience in the present and how they work as heritage sites and locations of memory. It examines how location is a key element in appreciation of a site, the kinds of focusing devices employed in its presentation, and how these determine perception to produce the battlefield as a particular kind of heritagescape to be understood in a particular way, reflecting the issues discussed in previous chapters.
Defending Hissène Habré in Senegal During the Early Years
Authors: Cissé Hélène
Published: June 2020

This chapter looks at the first cases against Hissène Habré in Dakar. On 25 January 2000, Souleymane Guengueng and seven other Chadian victims, as civil parties, lodged a complaint against Habré in Dakar for acts of torture and other inhumane and degrading treatment, in application of the United Nations Convention against Torture. Following the complaint, on 3 February 2000, the investigating judges charged Habré with knowingly aiding and abetting in the commission of crimes against humanity, acts of torture, and barbarity against the plaintiffs between June of 1982 and December of 1990: the period during which he served as President of the Republic of Chad. Senegalese public opinion was and would remain divided throughout the criminal proceedings. Hélène Cissé then discusses her role as Habré's defence attorney from 2000 to 2004, giving a singular account of the little-known early cases against Habré.
Investigations in Senegal and Chad
Authors: Kandé Judge Jean
Published: June 2020

This chapter discusses the start of the work of the Extraordinary African Chambers (EAC) on investigating the case against Hissène Habré and others. The role of the Investigative Chamber was to undertake pre-trial preparation by performing whatever acts are necessary to uncover the truth and by looking for both incriminating and exonerating evidence to determine whether the trial should occur. Initially planned to take fifteen months, the investigating phase ended up taking nearly two years, from July of 2013 through February of 2015. At the end of the investigation, the investigating judges drafted the indictment that the Prosecutor then proceeded to present to the court. Judge Jean Kandé was one of the Senegalese investigative judges for the EAC. Their investigation resulted in the indictment of Habré and five of his subordinates. The chapter then describes the investigation phase, the challenges of securing Chad's cooperation with in situ fact-finding, and the benefits of working across international borders with other local actors.
Managing the EAC
Authors: Seck Amadou Mokhtar
Published: June 2020

This chapter explores Amadou Mokhtar Seck’s work in the EAC Administrator's Office, detailing how they organized the budget and how they met their responsibilities despite multiple constraints. As of 10 September 2017, the EAC budget was adopted at 5,527,399,330 CFA francs, equivalent to 8,426,466 euros, or 10,086,495 dollars. The budget came from contributions received from financial partners including the Netherlands, Belgium, Chad, the African Union, the European Union, Germany, France, Luxemburg, and the United States. Senegal, the host country, made magistrates, legal aids, and some legal and penal infrastructures available to the EAC, which it continued to finance. It also exempted from duties and taxes all acquisitions made by the EAC in the context of their operations. Given the prior experiences of similar tribunals as well as the slowness and delays inherent in this type of procedure, it was possible that an extension of the trial's original timeframe would be required. Thus, rather than limiting itself to executing the budget as initially planned, the Administrator's Office worked to identify areas for potential savings over the course of the EAC so as to finance any eventual delays.
Defending Habré
Authors: Ballal Mounir
Published: June 2020

This chapter studies the ‘commis d'office’ (designated counsel), the court-appointed attorneys installed by the Extraordinary African Chambers (EAC) when Hissène Habré ordered his own attorneys not to participate in the trial. Mounir Ballal, part of this court-appointed team, describes the process of his nomination and his experience defending a client with whom he had no contact. All the actors in the trial knew Habré's strategy: he had retrenched behind total silence. Habré refused to respond to any question that was asked of him by the EAC or his accusers. He never spoke to the defence either. Over five commission rogatoires during the investigation phase, Hissène Habré's private counsel had refused to collaborate because their position was that the EAC was an illegitimate body. Ballal then describes the defence strategy his team developed and how defending Hissène Habré before the EAC differed from his previous professional experience. He also critiques the praise the EAC has received for being efficient and economical, explaining how time and financial constraints violated the rights of the accused.
From Victim to Witness and the Challenges of Sexual Violence Testimony
Authors: Moudeïna Jaqueline
Published: June 2020

This chapter discusses how Jacqueline Moudeïna, the first woman to practice law in Chad, became connected to Hissène Habré's victims, as well as how she organized and prepared them for trial. Moudeïna coordinated the team of lawyers who represented nearly 4,000 victims in the trial of the former Chadian President Hissène Habré before the Extraordinary African Chambers (EAC). The preparation of the victims was a long term undertaking and a day-to-day effort. It was very difficult for the victims to testify, but the majority stood their ground. The chapter then looks at how Moudeïna convinced the victims of sexual violence to testify. It also considers the lessons learned with respect to enabling disclosure of sexual testimony, which became central to the trial. It should be noted that the amicus curiae brief on crimes of sexual violence was of great importance as background information. It helped clarify rape as an international crime in itself.
The Real Fight Begins
Authors: Carayon Gaëlle
Published: June 2020

This chapter assesses the ongoing battle to deliver victims’ reparations. Arguably, reparation was always important to victims of Hissène Habré. Nevertheless, it did not have a central place in the advocacy and efforts during the years leading to his trial by the Extraordinary African Chambers (EAC). The Statute of the EAC refers to the chambers' ability to award reparations and provides that reparations can be awarded to victims ‘individually or collectively, whether they have participated or not in the proceedings before the EAC’. By the end of 2015, with the hearings in the case coming to an end, there was still no clarity as to how victims who had not participated in the case would be able to access reparation, what link they would need to show to Habré's crimes, nor what the reparations phase of the case would look like. In addition, victims' associations, which had been working tirelessly to bring Habré to justice, only had partial data on the thousands of victims they represented. There had been no systematic record of the specific harm suffered by each victim. The chapter then argues that the same efforts and dedication that led to the successful conviction of Hissène Habré should be applied to ensuring that Habré's victims receive reparation.
Africa Against Global Justice? Stakes for Building a Political Sociology on the Future of International Criminal Justice
Authors: Dezalay Sara
Published: June 2020

This chapter challenges current debates in global justice and the fight against impunity. Shifting the lens from the symbolism of global justice towards the structural conditions that have shaped international criminal justice as a field over time can help reposition the Habré success story not simply as an anomaly in a context of wider backlash against the International Criminal Court (ICC), but rather as a reflection of the structure of global justice as a weak field. The chapter then discusses the need to study systematically the evolution of legal markets on the African continent. In this, the project to institute a criminal chamber within the African Court of Justice and Human Rights has perhaps been too promptly dismissed as overly ambitious due to the lack of resources and state support within the African Union (AU). Interestingly, this project includes not only the crimes under the purview of the ICC, but also various other trans-border crimes such as trafficking, corruption, and the illicit exploitation of resources. The prominence taken in recent years by Africa as a new ‘mining frontier’—and with it, as a new haven for US and UK multinational corporate firms—underscores the timeliness of opening research paths on these ongoing transformations across the continent.
The Habré Trial and the Malabo Protocol
Authors: Ndiaye Ndeye Amy
Published: June 2020

This chapter situates the Extraordinary African Chambers (EAC) among wider Senegalese and African justice initiatives, examining the EAC as a re-appropriation of international criminal justice by African actors. It is obvious that the trial of Hissène Habré took place in the context of conflictual relations between Africa and the International Criminal Court (ICC). Since the arrest warrant issued for Omar Al Bashir, relations between the ICC and the states forming the African Union (AU) went steadily downhill, to such an extent that the AU came to envisage creating a criminal section within the institution. What people appear to be increasingly witnessing is the determination to regionalize African criminal justice, as may be concluded from the recent adoption of the Malabo Protocol and the call to withdraw from the ICC. The chapter then looks at the dynamics of an emerging regional criminal justice system across Africa. It is important to note that the innovative aspect of the Habré trial that has had the most positive impact was its demonstration of an African determination first to fight against impunity, and second to participate in the progressive development of international criminal justice.
Hybrid Justice and the Rights of the Defence
Authors: Jacobs Dov
Published: June 2020

This chapter examines generally the issue of the position of the Defence in hybrid tribunals, more particularly at the Extraordinary African Chambers (EAC) before proposing those reflections on the role of the Defence within the international criminal justice project. When it comes to the EAC, it should be noted that the initial agreement and Statute of the Chambers signed in 2012 did not include any specific provision relating to an institutional representation of the Defence within the institution. However, in 2014, an addendum to the initial agreement was signed between Senegal and the African Union (AU) in order to create a Defence office within the EAC. The ambition of this addendum was clearly to promote the respect for the rights of the Defence at the African Chambers, as noted in the Preamble to the addendum, where the right to a fair trial and the presumption of innocence are reaffirmed as fundamental principles. The chapter then looks at the legal challenges faced by the Defence during the Hissène Habré trial and how they were dealt with by the Trial and Appeals Chamber.
Hybrid Courts and Amicus Curiae Briefing
Authors: Williams Sarah
Published: June 2020

This chapter studies the amicus curiae brief drafted for the Extraordinary African Chambers (EAC) regarding sexual violence in order to theorize the appropriate role of such briefing in enabling silenced voices to participate in international criminal tribunals. The term amicus curiae means literally ‘friend of the court’ in Latin. The concept enables actors who are not a party to proceedings (third parties) to provide information that is relevant, but which may not otherwise be brought before the court. Submissions by amicus curiae have influenced the process and judicial outcomes of international and hybrid criminal tribunals, including the International Criminal Court (ICC). This was evident at the EAC. Several international criminal law practitioners and academics submitted an amicus brief to the Chambers highlighting the need to include crimes of sexual and gender-based violence in the charges to be considered by the Chambers (the SGBV brief). The chapter then explores how civil society actors have used amicus curiae briefs to highlight the experiences and needs of women and girls affected by conflict and failures by tribunals to investigate and prosecute sexual violence in other international criminal tribunals.
Main Challenges and the Future of International Criminal Law
Authors: Schabas William
Published: June 2020

This concluding chapter traces the long twentieth century of international criminal law to contextualize the twenty-first century’s possibilities and challenges. International criminal law has been through three periods of vigorous development punctuated by prolonged intervals of virtual dormancy. The first two such periods followed the great wars of the early twentieth century. They are sometimes referred to, in shorthand, as ‘Versailles’ and ‘Nuremberg’. The third period began in the early 1990s and has not yet run its course. Today, the future of international criminal law seems uncertain. Nevertheless, it is beyond doubt that there has been a sea change in practice at the national level. Peace agreements without provisions addressing issues of impunity and accountability are today unthinkable. Domestic legislation has evolved dramatically, responding to pressure from human rights monitoring bodies. Civil society is deeply committed to criminal justice as a necessary response to atrocity. No longer can the perpetrators of atrocity dismiss the prospect of accountability. Indeed, unlike the situation that prevailed a quarter of a century ago, justice is now a real possibility. If any tyrants need to be reminded of this, they might think about the fate of Hissène Habré.
Introduction
Authors: Bloxham Donald
Published: June 2020

The introduction sets the book in the context of relevant historiographical debates and related works. In particular it addresses, with a view to problematizing, orthodoxies about the extent to which and ways in which the discipline of History, and historical thought more generally, has changed over the course of two and a half thousand years. Then it introduces the justifications for History whose rising and falling fortunes constitute the major thematic threads of the book. These justifications are History as: Entertainment; Memorialization; Speculative Philosophy; Practical Lesson; Moral Lesson; Travel; Method; Communion; Identity; Therapy; and Emancipation. Note that all but the final two justifications were present in historical thinking at the chronological outset of this book, in ancient Greece. Many of these justifications thrive today.
Renaissances and Reformations
Authors: Bloxham Donald
Published: June 2020

The chapter begins with History’s place in Renaissance Italy. Then it shows how the historiographies of various states were influenced by tendencies in Italian humanism, as well as by the Reformation. France is accorded special attention, then more briefly England and parts of the Holy Roman Empire. Then the chapter addresses the historiographical battles that corresponded to the religious conflicts of the sixteenth and seventeenth centuries. These were battles of ecclesiastical History, centring on ancient sources. The polemical nature of some of the disagreements reinforced existing scepticism about the reliability of historical knowledge. Yet an increasingly bipartisan critical methodology developed, based on a combination of humanist philology and new palaeographical techniques, with established religious hermeneutics playing their part. Here the dictates of self-serving confessional History as Identity sometimes stood in tension with the demands of a proceduralist History as Methodology even as all sides agreed on the importance of History as Communion. The chapter concludes by addressing a ‘scientific’ seventeenth century for whose dominant intellectual figures historical enquiry supposedly had little use. Like previous chapters, this one addresses conceptual concerns of a general nature as they arise. Different sorts of contextualization are addressed, along with their implications for thinking about the past. Particular consideration is given to how a heightened attention to historical contextualization could be reconciled with ongoing demands for the relevance of History as Lesson for the present. Topical reading was one established solution, but another was resurrected with the ancient doctrine of similitudo temporum.
Nationalism, Historicism, Crisis
Authors: Bloxham Donald
Published: June 2020

In the nineteenth century the general trend was away from grand comparative stadial theories and towards particularist accounts. The dominant historical rationale of the age was History as Identity, specifically national Identity. The first section of this chapter addresses the political context of so much historical thought across the Continent, with the French Revolution and its aftershocks prominent. The second section focuses on the main trends of the influential German historiography. At the same time, there were challenges to the prevailing German model of historiography even in its heyday: challenges in the 1860s are examined in the third section. Given the grand fluctuations in German political fortunes in the nineteenth and early twentieth centuries, and the accompanying turmoil in historical philosophy, Germany also features quite heavily in most of the remaining sections of the chapter. Here we examine how the particularizing, relativizing, tendency of a brand of historical thought turned in upon itself from around 1870, as some of the certainties of the nation-through-history were undermined by the effects of modernization and world conflict, and the social function of the historian became the subject of renewed debate. One upshot was a series of manifestos for scholarly neutrality, and a proceduralist emphasis on History as Methodology alone. As the German model of national History was weakened in the first half of the twentieth century, more space was created for competing methodologies within Germany too. The final section of this chapter considers some of those new alternatives.
Justifying History Today
Authors: Bloxham Donald
Published: June 2020

This chapter tackles rationales for History on their own merits. It assesses for coherence all of the rationales hitherto mentioned in the book, insofar as they still have any currency. Then it makes some suggestions of its own. This work is less sanguine than many about the prospects for History as Emancipation, and more optimistic than many about forms of History as Practical Lesson. History as Method has something going for it but even on its own best ethical terms it needs to be bolstered by concerns related to the content of the past rather than just to procedures for researching and writing History. History as Identity remains arguably the most important of all the substantivist rationales. It is so often at issue even when the identity question is addressed only indirectly via History as Travel, since it is difficult to get away from the matter of how one defines oneself in relation to other, different ways of being and doing. Furthermore, those historians who engage in Emancipatory History à la Foucault would be more effective if they engaged more directly in Identity History, which would mean engaging in straightforwardly normative arguments about right and wrong. Extending the discussion of normativity, the final pages of the book turn to the matter of moral evaluation by the historian, suggesting evaluation is not a category error or an anachronistic residue of the days when History was commonly seen as a fount of Moral Lessons.