Experiences show that selective prosecutionstrategies may result in only some offenders being indicted, withothers benefitting from amnesty. For example, the hybrid courts ofCambodia and Sierra Leone only indicted small proportion of eachnation’s offenders (five35 and 1336 respectively), which left thousandsof other offenders to benefit from amnesty.

Regional human rights courts can consider whether, by grantingamnesty, a state over which it has jurisdiction is in violation ofits international obligations. Where these courts find a violation,they can recommend a range of remedies, including orderingthat the amnesty be annulled. If the state complies with sucha ruling, it can result in the amnesty ceasing to have effect indomestic law

The period between the start and end dates should be theminimum necessary for the achievement of the law’s objectives.The selection of these dates can affect the legitimacy of theamnesty

the exclusion of thefollowing acts from an amnesty may serve to increase itslegitimacy and legality:i. serious international crimesii. other serious acts of violence against persons that may notrise to the level of an international crimeiii. acts or offences motivated by personal gain or malice

When an offenderhas committed both included and excluded offenses, apartial amnesty could be possible. As noted in Guideline 16,the implementation of limited amnesties requires individualdeterminations of their application

n making these decisions, nationalcriminal justice systems can apply established principles of law,for example, by exercising discretion in developing selectiveprosecution strategies. Selective prosecution strategies are alsoemployed by international and hybrid courts. As a result, stateswill not necessarily be violating their obligations if, due to theexercise of prosecutorial discretion, they do not prosecute allperpetrators or instances of these crimes

After extensive gross human rights violations or violent conflictwithin a society, there are often substantial legal, political,economic, and social challenges to pursuing widespreadprosecutions. It is rarely possible or practical to prosecute alloffender

requirements to apologise,

Those responsible for gross violations of human rights orinternational crimes should be held accountable. In addition to legalmechanisms of accountability, which normally give rise to individualprosecution, there are non-legal mechanisms the use of whichmay, in some contexts, be preferable

Over the past two years, the more than 150 female lawyers in our organization have registered 9,976 cases of sexual and gender-based violations and general human rights violations. Of these, 715 were allegations of rape. Most of the victims of these crimes will not see justice. For example, of the 171 cases of rape we submitted to the national courts in 2016-17, we have received decisions for only 24.

Second, like it or not, international criminal tribunals need powerful patrons to operate successfully. T

Arguments in favor of a complementary system won out, mainly because states held firm to the notion of state sovereignty. Indeed, the ICC, as a voluntary treaty body, is grounded in the consent of states that sign up to its terms.

1) It protects the accused if they have been prosecuted before national courts.2) It respects national sovereignty in the exercise of criminal jurisdiction. 3) It might promote greater efficiency because the ICC cannot deal with all cases of serious crimes.

It was in the late 1990s, after the genocides in Rwanda and the former Yugoslavia, that governments were moved to come together to create an independent, permanent international criminal court that would be powerful enough to hold accountable those most responsible for serious crimes— regardless of their rank.

The Rome Statute of the International Criminal Court — currently signed by 139 states — is the treaty that created the International Criminal Court (ICC). In effect, it established a new system linking the national and international court systems to deal with the most egregious crimes: war crimes, crimes against humanity, and genocide.

“The duty to investigate and prosecute serious crimes lies first and foremost with domestic authorities. It is crucial for national authorities and their international partners to step up efforts to pursue justice."

The judges also ruled on reparations claims, awarding between 200 million to one billion Guinean francs (approximately US$23,000 to $115,000) for the different groups of victims, including those who have suffered physical and psychological trauma.

, in a landmark trial for rapes and killings of protesters in 2009, Human Rights Watch said today

They are symptomatic of the double standards that influence the broader international system and often reinforce colonial legacies that fuel underlying power imbalances, which can lead to unequal access to justice.

A rush to refer the situation in Ukraine to the ICC following Russia’s full-scale invasion in 2022, while welcome, far outstrips the offers of support member countries have made for other situations, such as Darfur or Palestine

The Day of International Criminal Justice on July 17 marks the anniversary of the adoption of the founding treaty of the International Criminal Court (ICC). The drive for global justice faces an important test. While different pathways to accountability flourish, justice remains under threat from those who fear accountability and their allies.

The conflicts and crises raging across the globe today in Darfur, Gaza, Democratic Republic of Congo, and Ukraine demonstrate how impunity fuels cycles of violence. As the world confronts these emergencies, it is crucial that impartial and independent justice is delivered to victims of grave international crimes, regardless of where they are committed or by whom.

Notonly will you provide the jurors with more cogent thoughts and arguments,but they will infer from the silence that what you are about to say is importantand worthy of consideration

hese examples of courtroom closing arguments, as with President Obama’seulogy in Charleston, demonstrate how pauses occupy a “beacon position” inspeech.112 Like a lighthouse, they signal “pay attention,” and because of, orin addition to, that signaling function, pauses increase comprehension of thewords that the pause precedes or follows.

hese first two types of nonspeech are both silence for a nonrhetoricalpurpose. While these two noncommunicative silences are important, they notthe focus of this article. Rather, this article focuses on the third kind: silences—or what the Greeks called evyloti slopi—“Eloquent Silence.” 40 This is the type ofsilence in which the nonspeaker intends to be communicative by her silence,or, for our purposes, to make an argument.

Silence, asa means of communication, has been variously categorized, but most simplybreaks down into three groups. First, silence can be simple silence, in otherwords, as stillness—sleep, meditation, or the pause necessary for turn-taking inconversation.38 Second, silence can be silencing—a verb that means censorship o

o start down the remedial road, this article keys on a lawyer’s effective use ofspoken silence and, to a lesser extent, documentary silence in legal discourse.The author demonstrates, in Section II, why silence is rhetorical. SectionIII explores how silence works—cognitively—to persuade. In Section IV, theauthor highlights how lawyers can, and should, talk less in conversations andcourt, and consider more deliberately when to, and not to, respond to a brief,letter, e-mail, or text. In Section V, the article concludes with an observation,rather than recommendation, on when to stay silen

ilence is powerful because itpenetrates the listener’s mind by giving meaning to what was already heard;conversely, silence can act as a ramp up to what is about to be heard. Silence,thus, allows the listener to finish a thought, or prepare to receive a thought.Either way, the listener becomes participant.

the President stopped—he stopped. For a full thirteenseconds silence reigned, and then, slowly, the President began to sing AmazingGrace. Peter Manseau wrote of “Obama’s graceful pause in Charleston” 16 and,quoting Evans Crawford’s book on African-American preachers’ sermons, 17observed that Obama’s pause was “not a ‘dead silence’ but a ‘live silence.’. . . It is a silence that organizes time that invites us to think of time not assomething passed but as something plotted

The law that the Supreme Court establishesis the law that they must live by, so all things considered, it’s better to have itclearer than confusing

ut recent social science research suggests that the winking faces andpineapples might have a better chance of being understood than an actual, fully‐written email message.

ain Boulevard is a busy street where vehicles travelling in an easterly direction generally andhabitually speed in excess of the posted speed limit. This accident was not the first one involvinga phone booth at this particular location

Anthony Appleton was standing next to the phone booth occupied by Peters just prior to theaccident. According to Appleton, he saw Ford’s car veer toward the booth and, although hewaited several seconds before running away, he was able to get out of the car’s path to avoidinjury.

Heattempted to flee but was unable to do so because, according to him, the door to the booth“jammed and stuck, trapping” him inside

It looks like we just might have a deal,” and then asked “When doyou suppose we’ll have our new garage?” Jones replied “If all goes well, in about eight to twelvemonths once we start construction, depending on soil conditions, weather conditions, and designdetails. I can’t imagine it any sooner, but I guess anything is possible

Neither Smith nor Jones signed their names though theyshook hands

Mimi falls asleep on the couchuntil she hears a rustling in the outdoor trash cans. Mr. T assumes that it’s the mob boss comingto fulfill the CEO’s promise, so he takes his shotgun and shoots the shadow on the edge of hisproperty.

She brings paperwork to Mr. T’s room. He says hedoesn’t want to sign anything and just wants to go home. She blocks the door, and says he hasto sign the papers in order to leave. Mr. T is too feeble to force her to move and there’s only onedoor

he doctor is trying to impress the medical students shadowing him, and so he opens upMr. T’s file and says in a deep, calm voice: “Well, I have good news and bad news. The goodnews is that your body is no longer filled with sand, but it is filled with tumors.” No one laughs.Mr. T starts sobbing and can’t hear the doctor saying “I was just kidding.” He starts sobbing sohard that the heart monitor he’s attached to shows a tremendous spike in blood pressure.

In hisdistressed state, Mr. T thinks that Mimi is his late wife and asks her to come in an ambulancewith him

A strong ocean breeze comes and sends a large amount of sand intoMr. T’s eyes. Mr. T is a jeweler, so his eyesight is incredibly important to him. He also has animmune system deficiency where his insides are allergic to sand

Just like the Rebuttal and Refutationsection in CRARC, the rebuttal sectionin IRARC will help you gain credibilitywith the reader, and it will help youfocus your arguments

. A properlyCRARCed argument section address-es the strongest arguments first, fol-lowed by weaker arguments andpublic-policy arguments. This is thebest method for persuasive writing.It draws the court’s attention rightaway to the arguments with which itmight agree.

interpleader

You’ll know your research is donewhen your keep seeing the same author-ities. But don’t wait to find and under-stand every piece of research. the goalis to know everything when you’re donewriting, not before you start writing

f you’re writing to your supervisors,appreciate not only that they’re busy, butalso that their definition of a “draft” willbe different from yours. when they say,“Just give me a draft,” they mean “Giveme a perfect, final product tomorrow

ndergraduates are wordy writers. They overcomplicateissues and don’t edit for concision and clarity. They’vea word count to reach.26 College courses give studentsword minimums; law-school courses give students wordmaximums. In law school, every word counts. Timespent on one argument is time not spent on another. Ifthe student’s writing is clear and concise, they can saymore in less space

When entering law school, students should expect tostruggle at legal writing.25 Legal writing is a new skill. Agood writer isn’t always a good legal writer, although onlya good legal writer can be a good lawyer. Law studentswho majored in English or history might believe they’regood writers until they start law school

When writers write in the active voice and preferverbs to nouns, the reader is engaged. Sentences shouldgo from old to new, simple to complex, short to long,and end with power

Logical thinkers can learn to writefor the reader. The reader is the only one who counts

Great legal writers turn complicated legal issues intosomething simple and understandable. They bring theiraudience to a logical conclusion, one that suits theirclients

The British legal theorist P. S. Atiyah putsit directly: “The concept of a system of precedent is that it constrainsjudges in some cases to follow decisions they do not agree with

She has reached her decision because, having been persuaded byHenningsen, she now believes that unconscionable contractual provi-sions based on extreme disparities of bargaining power in consumertransactions should not be enforced.

In-stead the decision exemplifies the fundamental human capacity to learnfrom others and from the past.

we can label the court now making the decision the in-stant court and its current controversy the instant case. And we can callthe previous court (including the same court in an earlier case) the prece-dent court and its decision the precedent case.

What counts as the same question will occupy much of our atten-tion, but first we need to examine just what the obligation to follow aprecedent is.

When Lord Mans-field provided the metaphor of the common law “working itself pure,”he was simultaneously celebrating the common-law approach and of-fering a realistic understanding of the fact that the common law doesnot necessarily get things right the first (or even the second or third)time around.

The common law oper-ates one case at a time, so it is said, 24 and thus possesses the ability tosee not only the first case on some topic but all of the subsequent cases

Having the litigants in a particulardispute argue their controversy may well be the best way for that disputeto be resolved, but if we are to understand the common-law method asbeing in part based on the premise that seeing a particular concrete con-troversy is a reliable way for making the law that will affect other and fu-ture cases, then implicit in the common-law method is the belief that thecase before the court may be representative of cases of that type

common law, in being fluid and always improvable atthe hands of common-law judges, gradually approaches a perfection inwhich the rules almost never generate suboptimal outcomes.

remaining continuously open to defeat in a particular case orsubject to modification as new situations arise.

he countries of the common-law world have inherited from England alegal system in which written-down rules are less important than thepopular rulebook image of law has it, and in which judge-made law—law created in the process of deciding particular disputes—occupies cen-tral stage

. In Parents Involved in Com-munity Schools v. Seattle School District No. 1,

e commonly believe that promises create commitments,because it is wrong to lead someone to rely on some proposition and thento turn around and undercut the basis for that reliance. So too with pro-viding reasons. Giving reasons induces reasonable reliance and creates aprima facie commitment on the part of the court to decide subsequentcases in accordance with the reason that it has explicitly given on a previ-ous occasion

dicta

Andthus, when in law a court gives a reason for a decision, it is expected tofollow that reason in subsequent cases falling within the scope of the rea-son articulated by the court on the first occasion.

hen the Supreme Court in Brown v. Board of Education11 famouslyjustified holding racially segregated schools unconstitutional under theFourteenth Amendment by saying that “separate but equal [schools are]inherently unequal,” it was announcing not just that the separate but(superficially) equal public schools in Topeka, Kansas, were unconsti-tutional, but that all separate but (superficially) equal public schoolswere unconstitutional

that a sense of the right outcome precedes the judi-cial attempt to find formal legal support for it

ypically, however, the judicial opinion is the explanation by ajudge of the reasoning that led him or her to some conclusion.

United States v. Locke,

As a consequence, appellate advocates frequently findthemselves asked in oral argument how the rule or result they are advo-cating will play out in various hypothetical situations

They do believe, however, that what lawyers andjudges think they are doing—their internal view of their own activities—often masks a deeper reality, one in which policy choices and variousother nonlegal attributes play a much larger role in explaining legal argu-ments and legal outcomes than even the participants themselves believeor understand.

But what really distinguishes lawyers from other sorts of folk, soit is said, is mastery of an array of talents in argument and decision-making that are often collectively described as legal reasoning

oor writing goesunread or is misunderstood. Good writing is appreciated. Greatwriting is rewarded lavishly

Legalese can be eliminated:“When legalese threatens to strangle your thought processes,pretend you’re saying it to a friend. Then write it down. Thenclean it up.

criminate, greed is a human constant, and mountain gorillas are prized by poachers as well as zoologists. As Rwanda succumbed to genocide this spring, dooming as many as 500,000 people, it seemed sadly likely that the slaughter would also doom 60 rare gorillas that have drawn tourists to the Virunga Mountains for the past 15 years.

T h o s e s w e e t s o l d i e r s o f o u r s ,t h e r e w a s n o t h i n g i n i t f o r t h e m .T h e i r o n e a n d o n l y d e s i r e 30w a s t o c o m e h o m e i n p e a c e

“Back to the camp, m arschl" the soldier commanded

Our own soldiers

ere you transported human beings

The real threat posed by chemical weapons is largely psychological. Thenotion of being gassed is so horrendous to Israelis that if even one gas fatality were sustained, Israelmight strike back with overwhelming force.

Chemical weapons are dangerous, to be sure,but not "weapons of mass destruction" in any meaningful sense

As a reader, I’m constantly making a decision about whether to trust that writer or not—not just trust that they are telling the truth, which is the usual journalistic standard of trust, but trust that they are not objectifying the vulnerable people in their stories. As a writer, I’m constantly thinking about this, while I’m reporting and while I’m drafting at my desk, and I’m mercilessly second-guessing myself, because if I don’t, I might screw it up. And then it’s up to the reader to decide whether I’ve succeeded or not

You meet her in any other way than as a victim of rape, and go to the reportorial trouble of learning what her average day is like, and then writing that. If we know Chanel as a person before we hear her talk about her rape, the result is probably going to be less objectifying.

In your BR article “The White Correspondent’s Burden,” you write, “Being an object of compassion is not the same thing as being the subject of a story

I’ll give you an example of a kid you have to take care of,” Njikam said, “and the kid who wants to cross the road, but you see an oncoming car. Even if the kid doesn’t appreciate that you want to stop him or her from crossing [in their] own interest — you see the point I am trying to make?”But the women saw it differently. They felt harassed by Mechanism officials’ repeated calls and requests to meet again. Cecile pretended to be sick; Victoire simply stopped answering their calls.

t would be hard to overstate the meaning — and continued relevance — of the Akayesu verdict. “Before Akayesu, there was debate about whether rape was even a war crime or merely an inevitable consequence or side effect of armed conflict,” said Askin, “After Akayesu, rape and other forms of sexual violence were taken far more seriously.”

She presented her findings to the Office of the Prosecutor in The Hague, the headquarters for the tribunal, but she was told there was no interest in pursuing rape charges after all. Pruitt’s work was essentially buried.

Pruitt, whose story is a key part of Mitchell’s film, came away convinced that court investigators had largely dismissed the issue, discrediting survivors for spurious reasons and focusing narrowly on genocide, which they thought was the more important crime. “Many of the investigators said, ‘Well, we can’t be concerned about some women who got raped. We can’t divert resources to investigate those crimes. We had a genocide down here,’” Pruit

Who are the people at Roval’sWhat is it about the people at Roval’sWhat’s with the people at Roval’s

nd nevertheless, this pressure in the chestand nevertheless, this sweat on the faceand afterwards, at a distance you repeat by heart without mistakeswhat you should have said this morningand you break it down like small changeand you pay yourself a high price.

In this he reveals his midpoint position, like thatof other immigrant writers who emphasize their foreignness by testifying abouttheir immigration trauma without giving up the hope that eventually Israelinesswill include them and not see them as foreigners

idn’t agree to erase or redeem their immigration trauma through the universality ofIsraeliness

These walls, which did not leave room for the Mizrahiimmigrants—whose Arabness the Mizrahi immigrants themselves wanted toerase—did not allow the testimony about his trauma to be heard. They did notallow the testimony of anyone who could not speak from the position of a native,whose claim on national territory was evident, to be heard.

his is how ethnic, particularistic Ashkenaziliterature was written in the 1960s; it presented itself as universal literature—colorless and transparent—that replicates the paradox of universal particularisticsovereignty by means of aesthetics, and develops color-blindness that blocks, or atleast treats with suspicion, any possibility of giving voice to the Mizrahi immigrant,whose color is not white and so cannot be considered universally transparent

On the other hand, as an Arab-Jew—that is, someone who is both Arab and Jew—he identifies with the Palestinian victims, though this too is denied together withhis participation in the de-Arabization that is enacted on him by the state

On the other hand, thereis the trauma of the ’48 war, which includes the trauma of the Jewish war victimand—along with, and mainly in opposition to it—the trauma of the Palestinianvictims of the Nakba. In addition there is the trauma of the abuser, the Jewish Israelias responsible for the events of the Nakba, which the state works to deny.

This duality is enabled by the duality of theterm “subject,” which indicates both the citizen who is subject to the state and theautonomous individual for whom subjugation is an expression of his individual will,while through the aesthetic experience—that of poetry, for example—the paradoxof the state is replicated, as it represents the members of the nation as individualswhile at the same time embodying the universal idea of the state

The hegemonic Ashkenazi reaction is twofold: It avoids the pain of a bleedingwound that demands that it take moral and political responsibility for theoppression of Mizrahi Jews, and it violently negates the Mizrahi Jews’ expression oftheir posttraumatic state (turbulent wind).

Art cannot bear witness to trauma becausetrauma is beyond representation and mediating language; art cannot bear witnessbecause trauma is experienced not when the actual event occurs but only in a placeand time that differ from those of the original event

The aesthetic representation, “he must becomposing a poem,” organizes the trauma into a set mold, processing it and closingoff its chaos. In this way the readers are protected from the difficult encounter withtrauma, allowing the pain to remain unspoken.

Indeed, Biton openedhis first book by highlighting the difficulty of communicating trauma, even bypoetic means

But the story betrayed my presuppositions; the protagonists didnot reveal their memories. On the contrary, they were living their present;their stories were not the past but the present, and their pain was not thememory of pain but the experience of their daily lives. This is why myfeeling is that Gate of the Sun is an unfinished novel, and it will remain openuntil the moment when this wound is healed

“I don’t think that the expulsions of 1948 were war crimes.You can’t make an omelet without breaking eggs; you have to dirtyyour hands. . . . A society that aims to kill you forces you to destroy it.When the choice was between destroying and being destroyed, it isbetter to destroy

he nakba is not only amemory; it is a continuous reality that has not stopped since 1948. Dealingwith it as a history of the past is a way to cover up the struggle betweenpresence and interpretation that has not stopped since 1948.

This insis-tence upon the name has become a major element in Palestinian literatureand takes many forms, for example, the voices of the peasants (Darwish),the refugee (Kanafani), the intellectual (Jabra Ibrahim Jabra), the story-teller (Shammas), and the popular hero (Habibi)

hey lost their Palestinian name. Suddenly a whole people becamenameless and had no right to use their name and refer to their na-tional identity. This was one of the most painful elements of the1948 war. One can argue that Palestine has never existed as an in-dependent state. This is true not only for Palestine but also formost of the countries of the region. But this land was known toevery one as the land of Palestine. Even in the Zionist documents,this name was used. The people who inhabited this land are knownas Palestinians. Suddenly the name has vanished.

comparing the struggle of the Romans against thebarbarians to Israel’s struggle in the so-called war on terrorism.

he term was veryproblematic; its philological root has the connotation of a natural catas-trophe. Many intellectuals refused this term, arguing that it liberates Pal-estinian leadership and Arab governments from direct responsibility forthe defeat. The critics of Zurayk had a major point, but words have theirown histories, and when a word becomes an untranslatable proper name,we have to try to understand the wisdom of language.

The first Palestinian novella narrating aspects of the nakba waswritten by Ghassan Kanafani and published in 1963

n Tammuz’s novella, the land is mute. Luna cannot speak for her-self, and her appropriation by the son, who will become her true lover, isaccomplished by the fire of two consecutive wars:

oth meet in the orchard of Mahomet Effendi, a Turkish landowner in Jaffa, who has an adopted girl whose origins are vague: was she aJewish or a Muslim Arab? No one knows

here is now a tremendous opportunity to end American indifference andinaction toward the political cancer that Saddam Hussein represents in this region.This is a part of the world that needs a radical shift in American policy. If thechallenge represented by the attacks of Sept. 11 is going to be met, then overthrowingSaddam Hussein by reaching out to the people of Iraq is where it has to begin

he empathy toward the Pal-estinian’s fate and suffering is expressed by Yeshurun from a Jewishstandpoint, which does not create an identification between him andthe Palestinian and therefore does not dissolve the Palestinian intoJewishness nor annihilate his otherness

It is on this basis that Yeshurun is able to conclude that the Jews (“Ja-cob’s rose”) are responsible for posing the question of moral responsi-bility for the fate of the Palestinians: a question they must pose of their“thorns”—that is to say, their violent emissaries

A survey of Hebrew poetry published between1948 and 1958, the results of which were compiled in the anthology TellIt Not in Gath, provides relatively few instances of Hebrew poetry thatreflects directly on the Nakba; and those exceptions generally soughtto render the trauma manifest through its hasty rehabilitation at theprice of repressing the injustices themselves.

But it should also be remem-bered that the Jews demand of the Palestinians to recognize a traumafor which the Palestinians were not responsible, whereas the comple-mentary demand from the Palestinian side is for the Jews to recog-nize the trauma that resulted from their actions

or many Jews who immigrated to Israel afterthe Holocaust, the State of Israel functioned as a haven and as a placeof recuperation. That is to say, among other reasons, in order to im-plement the terrible lesson of the Holocaust, in order to remedy thatJewish helplessness in Europe that had brought about their destruc-tion, part of the Jewish people established the State of Israel at theexpense of the Palestinians

He left Israel for good in1971—living in Moscow, Cairo, andBeirut before settling for a long stayin Paris—a departure that somePalestinians, especially those whoremained behind, considered a be-trayal

I'm from a village, remote, forgotten,

Put it on record at the top of page one:     I don't hate people,     I trespass on no one's property.

You stole my forefathers' vineyards     And land I used to till,     I and all my children,     And you left us and all my grandchildren     Nothing but these rocks.     Will your government be taking them too     As is being said?

Put it on record.     I am an Arab. Colour of hair: jet black. Colour of eyes: brown.

My roots     Took hold before the birth of time

I am an Arab. I am a name without a title,

The clothes and exercise books From the rocks And beg for no alms at your door,     Lower not myself at your doorstep

Identity card

Sheridan exclaimed on one occasion: “Give me a tyrant king, give me a hostile House of Lords, give me a corrupt House of Commons,—give me the press and I will overturn them all.” Gentlemen of the National Press Association, you have the press—what will you do with it? Upon your answer depends the future welfare of your race. Can you stand in comparative idleness, in purposeless wrangling, when there is earnest, practical, united work to be done?

The time for action has come. Let the association tax itself to hire a detective, who shall go to the scene of each lynching, get the facts as they exist in each case of outrage—especially where the charge of rape is made—furnish them to the different papers of the association and those so situated shall publish them to the world.

now by the press we can speak to the nations.”

And so in part was counteracted the libel on these foully murdered men. How many such have gone down to a violent death without anything to chronicle the true facts in their case, will never be known.

One of the first requirements then of Southern Journalism is to have, wherever practicable, an organ on the ground. Scattered throughout the South are journals which for lack of capital and good business management fail to do the good they might.

. The assassin’s bullet and ku-klux whip is still heard and the sight of the hangman’s noose with an Afro-American dangling at the end, is becoming a familiar object to the eyes of young America.

The blood, tears, and groans of hundreds of the murdered cry to you for redress; the lamentations, distress and want, of numberless widows and orphans appeal to you to do the only thing which can be done—which is the first step toward revolution of every kind—the creation of a healthy public sentiment.”

Her untiring research revealed that less than a third of all lynchings were caused by the salacious and sensationalized crime of rape and even here, many of the cases involved consensual sexual relations between white women and black men. Most blacks were lynched because they were successful or in some way an economic or political threat to Southern white male power

Why don’t we turn it into somethinglarger?” He suggested writing the piece as a how-to manual, “Robert Mugabe’s‘How to Destroy a Country in Ten Easy Steps.’ ” That structure worked muchbetter than a traditional account of the suffering and the policies behind it. Ifyou’re lucky enough to have the editor who will work with you, you’re in anunusual and fortunate place, which is where I am now, thankfully

y “takingsides,” I don’t mean rooting for the Tutsis in Rwanda or rooting against CharlesTaylor in Liberia. I mean not acting merely as a stenographer in the face of theseinjustices, but instead thinking prescriptively,framing coverage around what onewould want the desired outcome to be: what one would want one’s readers todo, what one would want one’s readers to influence their governments to do,how one would want people to think about the crisis and the steps needed toimprove conditions

Much of the early coverage of atrocities carriedout against civilians is framed in terms of civil war and ancient ethnic hatreds.Most of these atrocities occur in places where reporters don’t have the languageskills they need to operate on their own or to acquire any kind of “coffee shop” or“man on the street” understanding

In the nineties, both the Clinton administration and the Bush administra-tion before it believed that we could come home after the cold war and focus onthe economy. There was a retreat in terms of international engagement. Thepress coverage of the decade mirrored that government’s priorities

And usually, sadly, we see this reflected in thenature of the coverage in the early weeks and months of campaigns of killing.Early coverage tends to be very deferential to official sources because uponarrival,the first thing a reporter does is to go to the official places—which are upand running even in wartime—to get a press pass.

This is true even if the story is soft and fluffy andhumanitarian and simply about large loss of life or casualties. And though this isdiminishing somewhat, there remains an appetite for foreign news that can belinked even indirectly to the priorities that have been set in Washington.

Now there is an increase in coverage and in money spent on foreign news. Thequestion that burns in every American’s mind is, “Why do they hate us?” There isa newfound awareness and outward orientation that has come in the wake of thechallenge of terrorism

, especially the evidence that we supply to war-crime tribunals

nd it suddenly occurred to me, with shame, that all of my bravado about being the same asthe male reporters was not accurate. Women, when they choose to be mothers, have to make achoice, and I was not entirely honest about mine: this lifestyle was hurting those who loved me

He forced me to go back to Iraq while I was still breastfeeding, stating that it was in my contract. Isobbed on the plane, with a picture of my infant tucked in my pocket. I sobbed in my Baghdadoffice when I had to pump breast milk and throw it down the drain. I heard a male colleague saytriumphantly on the satellite phone, “She had a baby and lost her nerve!” They sent me to Sadr Cityanyway, at a particularly dangerous time, my body still recovering from a high-risk pregnancy andsix months of bed rest.

I was in Somalia a few months later, working on a story for The New York Times Magazine on theShabab when I got a call on my satellite phone. JC had shot himself back home in Bolivia. I sat onthe rooftop, the sound of gunfire ringing through Mogadishu, and wept for my beautiful friend.Colvin later told me, “He saw too much.

Many of my colleagues were completely devastated by what they had seen. The level of alcoholism,divorce, drug abuse, breakups, misery, and sorrow once we left the front line was astonishing. Therewas a period in my life when I found it intolerable to go to parties and hear what I perceived to bethe banalities of ordinary life. My colleagues and I rejected the traditional world, and we werepaying the price for it

I mistakenly took that as a benediction,so I pushed myself even harder, farther down even lonelier roads and more perilous assignments,closer to death. It did not help that the news organization I worked for at the time encouraged me toperform more daring exploits in order to get a big story

. I believed in bearing witness (the title ofKopple’s film) to atrocities, and I was motivated by a strong sense of justice. But I wanted, morethan anything, to have a family.

There were instead editors who wanted scoops at the expense of the safety of their reporters.

n 2012, while working on a story about war criminals in Belgrade, Serbia, I got a devastating earlymorning phone call: my colleague and friend Marie Colvin was dead, killed by Bashar al-Assad’sbombs in Homs, Syria. Her roller-coaster life is captured in a new film, A Private War, currently intheater

Hebrew literature of the past thirty years reflects Israel's rhythm of lifeand her wars

nationnomenon wgenerals andhis

would liallegory of tthan the mop

ar. Now our conquered fields join the kingdoms of thehater. Like a foul, silent threat they infiltrate us with waves of obscure,foreign odours.. In front of our eyes they stiffen with a dark presence,hostile and evil.

The works of Amos Oz also repeat the sense of living on the edge of anencroaching wildern

o New Histo-rian group has emerged in the Arab world to complement the work ofWestern and Israeli scholars. There is no thirty-year rule for the declas-sification of documents in the Arab world, and it is unlikely there willbe one in the near future

The 1948 war for Palestine, called by Israelis the "War of Indepen-dence" and by Palestinians the nakba

American Zionists in andout of the government, along with representatives of the Jewish Agency

e development of its unoccupied and uncultivated lands; and thatPalestine be established as a Jewish Commonwealth integrated in thestructure of the new democratic world.

lity, genitalia, grotesquerie, which reveal the phobicated whole w

m essence. But not before observinhistory like Eric Stokes's The English Utilitariansanomalous gaze of otherness but finally disavows iterance

artments othrough the wmost recentlyanomalous Bipwhich to

, that "partial reform" will produce an empty form ofitation of English manners which will induce them [the colonial subjectmain under our protection,"'5 Grant mocks his moral project and violatEvidences of Christianity--a central missionary tenet--which forbtolerance of heathen faiths

The effect ofand disturbingpost-Enlightenanot

astration,3 thOther, as a

gue thathistory, it r

s

fundamental principle appears to havebeen forgotten or overlooked in our system ofcolonial policy - that of colonial dependence.To give to a colony the forms of independenceis a mockery; she would not be a colony for asingle hour if she could maintain an indepen-dent station.

He was willing to believe the worst about the motives and standards of thenation's leading news organization, while accepting at face value some Pallywood-stylefantasies about all-fronts fakery.

It is the fundamental drive that makes us stickwith this odd line of work, the usually unspoken but immensely powerful source ofpride in what we do. It is summed up by three words: I saw this.

e images arriving from Gazapresent a picture of seemingly one-sided violence, in which apparently all thecasualties are unarmed civilians

ese images do appearauthentic, and I should not have cast doubt on them. I apologize especially to SergeyPonomarev of e New York Times, whose work I impugned

ade a mistake earlier this week in a series of Twitter posts

his is a child,'' he said, after he revealed the pale gray face of Ibrahim al Qun, 14. ''This is the exit wound.'' He pointed at the ragged, softball-sized black hole where the boy's left eye had been. A sniper's bullet entered at the back of the boy's head, he said.

We mean thebest for the people under our control; stability, democracy, prosperity, are our goals;why else would we have risked so much to help an oppressed people achieve them?e case of Mohammed al-Dura suggests the need for much more modestassumptions about the way other cultures—in particular today's embattled Islam—will perceive our truths.

She disappointed him by not embracing themaximum version—the all-encompassing hoax—and counseled him not to talk abouta staged event unless he could produce a living boy or a cooperative eyewitness.

n short, the physical evidence of the shooting was in all ways inconsistent with shotscoming from the IDF outpost—and in all ways consistent with shots coming fromsomeplace behind the France 2 cameraman, roughly in the location of the Pita.Making a positive case for who might have shot the boy was not the business of theinvestigators hired by the IDF. ey simply wanted to determine whether the soldiersin the outpost were responsible. Because the investigation was overseen by the IDFand run wholly by Israelis, it stood no chance of being taken seriously in the Arabworld.

o underscore the importance of the media in international politics, Weimann showssome of his students a montage of famous images from past wars: for World War IIthe ag raising at Iwo Jima; for Vietnam the South Vietnamese officer shooting aprisoner in the head and the little girl running naked down a path with napalm onher back. For the current intifada, Weimann told his students, the lasting iconicimage would be the frightened face of Mohammed al-Dura

e further attempt to actually justify killing the boy was, in terms of public opinion,yet more damning for the IDF. Eiland said, "It is known that [Mohammed al-Dura]participated in stone throwing in the past."

Printoutlets were generally careful to say that Mohammed al-Dura was killed in "thecrossre" or "an exchange of re" between Israeli soldiers and Palestinians. e NewYork Times, for instance, reported that he was "shot in the stomach as he crouchedbehind his father on the sidelines of an intensifying battle between Israeli andPalestinian security forces."

ousands of mournerslined the route. A BBC TV report on the funeral began, "A Palestinian boy has beenmartyred."

throw rocks, and shots ring out from various directions

here isabundant documentary evidence of most of the day's events—with a few strange andcrucial exceptions, most of them concerning Mohammed al-Dura.

On September 28 of that year, a ursday, Ariel Sharon, then theleader of Israel's Likud Party but not yet Prime Minister, made a visit to the highlycontested religious site in Jerusalem that Jews know as the Temple Mount andMuslims know as Haram al-Sharif, with its two mosques. For Palestinians this was thetrigger—or, in the view of many Israelis, the pretext—for the expanded protests thatbegan the next day

the Arab media denounced thebrutality that created these new martyrs.

t now appears that the boy cannot have diedin the way reported by most of the world's media and fervently believed throughoutthe Islamic world.

"In the epitome of his arroganceand the peak of his media campaign in which he boasts of 'enduring freedom,' Bushmust not forget the image of Mohammed al-Dura and his fellow Muslims in Palestineand Iraq. If he has forgotten, then we will not forget, God willing.

uring an exchange ofre between Israeli soldiers and Palestinian demonstrators

e image of a boy shot dead in his helpless father's arms during an Israeliconfrontation with Palestinians has become the Pietà of the Arab world.

estine is the homeland of the Arab Palestinian people; it is an indivisible part of theArab homeland, and the Palestinian people are an integral part of the Arab nation

we call upon the Arab inhabitants of the State of Israelto return to the ways of peace and play their part in the development of the State, withfull and equal citizenship and due representation in its bodies and institutions.

. (Hereagain we arrive at a paradox of damage: to refute it, we need to say it aloud.)

Considering the excerpt from Craig Gingrich-Philbrook (2005), desire-based frameworks defy the lure to serve as “advertisements for power” by doc-umenting not only the painful elements of social realities but also the wis-dom and hope. Such an axiology is intent on depathologizing the experiencesof dispossessed and disenfranchised communities so that people are seen asmore than broken and conquered. This is to say that even when communitiesare broken and conquered, they are so much more than that—so much morethat this incomplete story is an act of aggression

Though it is no longer in fashion toframe research as “the problem with (insert tribe or urban community here)”as it was in past generations, the legacy of this approach is alive and well. (Seealso Harvey [1999] on “civilized oppression.”)

This policy and others, such as mayoralcontrol in New York City that has systematically closed down all avenues forcommunity participation in school decision making (YRNES, 2008), colludein the production of damage-driven data and, indeed, in the production ofdamage. (See also Gilborn [2005] for an analysis of white supremacy and edu-cation policy.

Rather, here I am concerned with research that happensmuch more surreptitiously, research that invites oppressed peoples to speakbut to “only speak from that space in the margin that is a sign of deprivation, awound, an unfulfilled longing. Only speak your pain”

ndians were simply not con-nected to the organs of propaganda so that they could respond to the manner inwhich whites described them.

Further, because so many outsiders benefit fromdepicting communities as damaged, it will have to be these same communi-ties that hold researchers accountable for the frameworks and attitudes theyemploy. It is too tempting to proceed as usual

The lives of city youth—already under thewatchful eyes of police and school security officers, already tracked by videocameras in their schools, on the streets, and in subways—are pursued by (well-intentioned) researchers whose work functions as yet another layer of surveil-lance. What will be the outcomes and effects of this research in and on ourcommunities? Are we certain that the benefits will outweigh the costs? Whatquestions might we ask ourselves before we allow researcher entry