Highlights

image1

And I Live On
Anne-Marie de Brouwer, Sandra Ka Hon Chu, Eef je de Volder & Samer Muscati


In the 100 days of genocide that ravaged the small East Central African nation of Rwanda between April and July 1994, approximately 1 million Tutsi and moderate Hutu were killed, and an estimated 250,000 to 500,000 women and girls were raped, as well as an unknown number of men and boys. Almost all Rwandan women who survived the genocide were victims of sexual violence or were profoundly affected by it, and an astounding 70 per cent of survivors are living with hiv. And I Live On features searing testimonials from Rwandan survivors of the genocide15 and 25 years after the horrific events of 1994. Through their narratives and Samer Muscati’s powerful portraits, these women and one man bear witness to the crimes committed in their country and to the suffering they continue to endure. The testimonials also showcase the survivors’ extraordinary strength, courage and resilience—challenging the stigma they face both as survivors of sexual violence and as people living with hiv. In speaking out, they provide a glimpse into the worlds of survivors living with the genocide’s legacy decades after a conflict. Their stories, along with the accompanying text and illustrations, make an indelible impact. About the authors Anne-Marie de Brouwer works in the field of international criminal justice, conflict-related sexual violence, human trafficking and victims’ rights at Impact: Center against Human Trafficking and Sexual Violence in Conflict. She is the co-founder of Mukomeze. Sandra Ka Hon Chu is the Director of Research and Advocacy at the Canadian hiv/aids Legal Network, where she works on hiv-related human rights issues concerning prisons, drug policy, sex work, women and immigration. Eefje de Volder is an anthropologist and lawyer working in the field of human trafficking, victims’ rights and conflict-related sexual violence at Impact: Center against Human Trafficking and Sexual Violence in Conflict. Samer Muscati is a Canadian lawyer, documentary photographer and former journalist. As a senior researcher for Human Rights Watch, he focused on women’s rights in conflict zones. He runs the International Human Rights program at University of Toronto’s Faculty of Law.   For more information on the project, presentation of the book and events please contact: impact-now.org   REVIEWS OF THE BOOK “If the designation of survivor resonates over the miserable label of victim, then these lives that persist, strengthen, must continue to speak, loudly.” Patricia Viseur Sellers, Special Advisor on Gender to the Prosecutor of the International Criminal Court and former Gender Legal Advisor for the International Criminal Tribunal for Rwanda “Graphically, and without doubt, this book makes the case that rape is no lesser a crime than murder.” Lieutenant-General (ret) The Honorable Roméo Dallaire “Survivors choose to tell their stories in the hope that others will hear. These searing testimonials of inconsolable anguish and awe-inspiring resilience will change you forever and spark you to act to honour dignity.” Dr. James Orbinski, former international president of Doctors without Borders/msf and author of An Imperfect Offering
“The survivors of unspeakably brutal sexual violence managed to leave their past in the past. They realized it would destroy their future. With incredible strength they managed to live for what today has to offer, not for what the terrible past has taken away. This book tells us how they returned the smiles to their faces and the hope in their hearts.” Patrick Cammaert, Assistant Secretary-General, Head of UNMHA
“This book is about moving beyond surviving into becoming victors. It reminds us that while their pain and abuse will remain remarkable, their testimonials and current situation is what resilience and courage mean. This is what the commitment to remember, unite and renew yields.” Dr. Usta Kaitesi, Acting ceo, Rwanda Governance Board
“And I Live On: The Resilience of Rwandan Genocide Survivors of Sexual Violence is an exemplary contribution to genocide studies and advances public understanding of genocide. It is a distinct contribution to many disciplines including genocide studies, sociology, history, conflict resolution and human rights. The book is also a testament to the editors’ and photographer’s vision of the consequential role we all have in contributing to a more compassionate and just world. Pioneering allies
to survivors, they serve as an example to us all.”
Dr. Kimberley Ducey, Associate Professor, The University of Winnipeg  

Forthcoming Publications

image1

Direct International Human Rights Obligations of non-State Actors
Nicolás Carrillo-Santarelli

In this book, addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, Prof. Nicolás Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct nonstate obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. In this sense, Chapter 1 explores why the protection of human dignity, being non-conditional, cannot depend on the presence of a State abuser. Chapter 2 explores the idea that every conduct contrary to human rights has legal relevance and requires a correlative appropriate legal response. Chapter 3 reinforces the previous ideas in light of the peremptory principle of non-discrimination; with Chapter 4 providing suggestions on when direct international action should take place. Part II, afterwards, studies why direct protection from non-state violations is possible and what legal mechanisms and institutions permit to make it effective. In Chapter 5, the author argues that the notion of international legal personality is not an obstacle since regarding addressees as subjects highlights the possibility of there being direct non-state international duties, which would not weaken existing human rights protections. Chapter 6 presents the argument that there are already implied human rights obligations of non-state actors, and that complementary obligations should be created. Chapter 7 explores the idea that non-state responsibility can coexist with that of other participants in violations, and that non-state responsibility is often a precondition of full reparations. The fi nal Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. The book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be them States, armed groups, international organizations, or other actors.   Nicolás Carrillo-Santarelli has a PhD in International Law and International Relations from the Autónoma de Madrid University and is currently Associate Professor of International Law at La Sabana University, Colombia.

image1

Forgiveness in criminal law through incorporating restorative mediation
Jacques Claessen

In this monograph, the author argues for the integration of the concept of forgiveness into criminal law through incorporating restorative justice practices such as victim-offender mediation. Although forgiveness is not a purpose in itself nor can it be enforced, criminal law should provide room for forgiveness. Contrary to retribution, in the sense of channelled revenge, forgiveness has, after all, proven its practical usefulness in conflict resolution and in paving the way for reconciliation. The author contends that it is about time that criminal law is aimed at peace-making. This will inevitably entail significant changes to substantive and procedural criminal law. Ultimately, morality, law and politics should focus on achieving a harmonious, peaceful and, wherever possible, non-violent society. Civilisation is about more than merely substituting unbridled revenge by channelled revenge (retribution). The ideals glimmering on the horizon are repaying evil with goodness, restoration and forgiveness. This monograph discusses the views of several ethicists, philosophers, theologians, psychologists and legal scholars and seeks to provide answers to the following questions: what is forgiveness? How is it brought about? Are retribution and forgiveness each other’s opposites? Why is forgiveness important? Which view of mankind does it reflect? Does forgiveness belong to the public domain? How can it be shaped to fit into the criminal justice system? And what role does restorative justice play in this regard? Dr. Jacques Claessen (Maastricht, 1980) is an Associate Professor of Criminal Law at the Department of Criminal law and Criminology of the Faculty of Law at Maastricht University and serves as a substitute judge at the Limburg District Court in Maastricht, the Netherlands. In 2012, he was awarded with the very first Bianchi Restorative Justice Prize. Forewords by dr. John Blad, former Associate Professor of Criminal Law at the Faculty of Law of Erasmus University Rotterdam, and Nico Tydeman, Zen teacher and spiritual leader of the Amsterdam Zen Centre.

image1

Civis europaeus sum?
Guayasén Marrero González

Civis europaeus sum? Am I a citizen of the Union? This question, which is the cornerstone of this thesis, is also the question that people affected by an eventual State succession within an EU Member State need an answer to. The link between the nationality of an EU Member State and citizenship of the Union is, as it stands now, unbreakable. One cannot claim the enjoyment of the latter without holding the nationality of an EU Member State. Thus, those who, due to the operation of the State succession and the rules enacted in that context regarding nationality, lose the nationality of the predecessor-EU Member State cannot invoke “civis europaeus sum”. From the outset, individuals who lose the nationality of an EU Member State would lose EU citizenship and the rights attached to it. However, whilst EU citizenship is still not autonomous from Member State nationality, certain rights associated to the residence in both the potential newly independent States and the EU Member States can be frozen as an interim solution until such times as the former has completed the EU accession process.

Recent Publications

image1

Introduction to Law and Rights in Education
Gracienne Lauwers (ed)

Written by an international interdisciplinary consortium, the ‘Introductory Textbook On Law and Rights for Students in Teacher Training and Educational Sciences’ combines information about the features of education systems and education law from a comparative and European perspective for students and readers approaching this subject for the first time with online support. This is a publication by EduLaw. EduLaw introduces modules on law and rights in programmes of teacher training and educational sciences with the purpose to the contribution of building rights-based education systems in countries in transition. This publication is co-funded by the Erasmus+ Programme of the European Union. 

image1

Legislative Proposal to Introduce Provisions Governing Restorative Justice Services into the Dutch Code of Criminal Procedre and Explanatory Memorandum
Jacques Claessen, John Blad, Gert Jan Slump, Theo de Roos, Anneke van Hoek, Annemieke Wolthuis

This publication contains the revised version of a legislative proposal, drafted by and at the initiative of citizens, to introduce restorative justice provisions into the Dutch Code of Criminal Procedure. The initiative to this Legislative Proposal and its Explanatory Memorandum was taken within the framework of the impending introduction of the new Dutch Code of Criminal Procedure. It was drafted by an Initiator Group consisting of persons working for Maastricht University and the Dutch Restorative Justice Foundation in collaboration with a think tank made up of professionals from the fields of criminal law and restorative justice. This legislative draft was presented to the Minister of Legal Protection, drs S. Dekker, and to the members of the Permanent Commission for Justice and Security of the Lower Chamber on 27 June 2018. The authors feel that the official legislative process can begin in earnest, now that a revised version of the Legislative Proposal has been completed. Being able to deal with criminal matters in a more restorative manner is after all not a luxury, but a necessity.   ‘This initiative has generated an incentive and a standardisation that are of value to an evolving justice practice. The role which this revised version has assigned to the Mediation Offices is in tune with the way in which mediation in criminal cases is organised in the work processes of Public Prosecutors’ Offices and the Courts.”  mr Judith Uitermark - judge and national coordinator mediation in criminal cases. 

€ 9.95 Verkrijgbaar via bol.com of uw lokale boekhandel

image1

Wie ogen heeft om te zien’
Hans Geleijnse

"Hitler's soep zal niet zo heet behoeven gegeten te worden als ze is opgediend" (De Tijd). 
"Wanneer ze eenmaal in de regering zitten, zullen ze wel trachten zich zo behoorlijk mogelijk te gedragen" (Nieuwe Rotterdamsche Courant). 
Zo reageerden belangrijke Nederlandse kranten op de ontwikkelingen in Duitsland vόόr 1933. 
"Wie ogen heeft om te zien' zou echter moeten weten dat het op een moordpartij zal uitdraaien als Hitler aan de macht zal komen (Het Volk). 
Ook over het fascisme in andere landen liepen de meningen in de pers sterk uiteen. Voor sommige kranten was Mussolini "een vredesapostel', volgens andere kranten zou het fascisme onvermijdelijk tot oorlog leiden. 
Hans Geleijnse (1947) analyseert hoe zeven Nederlandse landelijke kranten op de ontwikkeling van het fascisme in Europa in de periode 1919-1933 hebben gereageerd. Werd de Nederlandse lezer goed geinformeerd? Welke aspecten van het fascisme werden geprezen en welke veroordeeld? Werd het fascisme als een gevaar beschouwd voor vrijheid en democratie in Europa? Welke invloed hadden de ontwikkelingen op Nederland zelf?
In dit onderzoek naar de twintiger jaren dringen zich parallellen op met de huidige tijd. Ook nu is sprake van onderschatting van ultra-nationalistische en populistische bewegingen en van het miskennen van de drijfveren van de kiezers. 

"Wie ogen heeft om te zien' geeft een helder beeld van de beoordeling van het fascisme in Italiё, Hongarije, Spanje, Oostenrijk, Duitsland, Roemeniё, Slowakije, Portugal en Finland door De Telegraaf, de liberale Nieuwe Rotterdamsche Courant, het katholieke De Tijd, de antirevolutionaire krant De Standaard, de christelijk-historische De Nederlander, de sociaal-democratische krant Het Volk en de communistische De Tribune. 

€ 24.95 Verkrijgbaar via bol.com of uw lokale boekhandel

webdesign by Robiz.nl Webdesign & Webhosting Oisterwijk