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How genocide came to be named and codified
How genocide came to be named and codified

The Hindu

time7 days ago

  • Politics
  • The Hindu

How genocide came to be named and codified

According to the UN Special Rapporteur on the Palestinian occupied territories Francesca Albanese, 'Israel's genocide on the Palestinians is an escalatory stage of a longstanding settler colonial process of erasure'. Her latest report urges UN member states 'to enforce the prohibition of genocide' in accordance with their obligations under international law. The debate is no longer about whether what Israel is doing in Gaza is genocide. It is about whether the international community, including private citizens, will uphold their moral obligation to oppose the genocide unfolding before them in full social media glare. On naming evil The term 'genocide' belongs to the language of transgression — words that describe the wilful violation of basic moral codes such as, for instance, the universal taboo on killing children. But there are gradations even in the forms of extreme violence that determine whether a given atrocity is to be deemed a war crime, a crime against humanity, or genocide — a category of evil so unspeakable that humanity hadn't thought of a word for it. It was a Jewish lawyer from Poland, Raphael Lemkin, who coined the term in his book, Axis Rule in Occupied Europe (1944). As a university student in the 1920s, Lemkin was horrified by the mass killing of Armenians during World War 1. He couldn't believe there was no international law under which the Ottoman leaders could be tried. 'Why was killing a million people a less serious crime than killing a single individual,' he wondered. Lemkin's interest in the crime of mass murder took a different colour after World War 2, during which he lost 49 members of his own family in the Holocaust. He devoted the rest of his life to the mission of getting recognition in international law for what Winston Churchill called 'a crime without a name'. As Lemkin explains in his book, he formed the word from the Greek 'genos', meaning 'race' or 'tribe', and the Latin 'cide', meaning 'killing'. He defined 'genocide' as 'the destruction of a nation or an ethnic group'. Despite serving as advisor to Justice Robert H. Jackson, the lead prosecutor at the International Military Tribunal (IMT) that conducted the Nuremberg trials, he wasn't happy with how it dealt with the Nazi leaders. The IMT prosecuted them for 'war crimes' and 'crimes against peace'. But how should they be prosecuted for crimes against civilians who were their own citizens — German Jews targeted for their ethnicity? British and French prosecutors sought to use Lemkin's concept of genocide, but the Americans steered clear of it. Given their own (then prevalent) Jim Crow laws of racial segregation, they were anxious not to grant international court jurisdiction over how a government treated its own citizens, a sentiment that was shared by the Soviets as well. Lemkin was disappointed as the IMT prosecuted the Nazis politicians only on charges of 'crimes against humanity', a juridical approach that failed to account for the criminal logic of the Holocaust, which picked out specific ethnic and political groups, including Jews, gypsies and communists. As Lemkin put it, 'The Allies decided a case in Nuremberg against a past Hitler — but refused to envisage future Hitlers.' His fears have come true in Gaza, where the Israeli military continues to enjoy impunity for its mass murder of Palestinians even as Western governments seem unable or unwilling to acknowledge that these crimes have surpassed the threshold of genocide. Codifying genocide In the years following the Nuremberg trials, Lemkin worked relentlessly to get genocide codified in international law. His efforts bore fruit in 1948 with the United Nations adopting the Convention on the Prevention and Punishment of the Crime of Genocide. Although the Genocide Convention included much of Lemkin's ideas, it did not accept all of them. It had a rather narrow legal definition of genocide, with two main elements. It had a mental element, the 'intent to destroy, in whole or in part, a national, ethnical, racial or religious group', and a physical element, consisting of any of these five acts: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; and forcibly transferring children of the group to another group. Initially, this definition was criticised on the grounds that 'intent' is difficult to establish since no government publicises its intent to commit genocide. Also, it is tough to attribute genocidal intent to individuals who can claim to be merely carrying out orders in their official capacity. However, subsequent proceedings, including those of the tribunals set up to try the accused in the Rwanda genocide (1994) and the 1995 genocide of Bosnia Muslims in Srebenica have clarified that 'a pattern of purposeful action' leading to the destruction of a significant section of the targeted group would suffice to establish genocidal intent. While the 1948 Genocide Convention defines the crime and obligates the states that are parties to the Convention to prevent and punish it, the 2002 Rome Statute gives the International Criminal Court the jurisdiction to take up and try cases of genocide. The Genocide Convention, however, still does not recognise mass murder of any social or political group — say, communists — as genocide, an aspect considered a major lacuna by genocide experts. The concept of genocide has also not been adequately applied to understand colonial mass murder, slavery, deportation and other atrocities inflicted upon native populations, including aboriginals by erstwhile coloniser nations and empires. Away from the media spotlight, the egregious practice of forcefully transferring children away from their Aboriginal families — now seemingly benevolent in intent but barely distinguishable from genocide in practice — still goes on in Australia, according to a 2025 report by Human Rights Watch. The importance of 'thinking' Mass murder is by no means a modern phenomenon. Even in ancient times, it was not uncommon for the victors in a war to massacre the entire male population of the conquered kingdom or state. Typically, however, genocides occurred against an enemy population, or in the context of a war. The phenomenon of a state conducting mass murder of a certain ethnic or national group among its own citizens is a more recent phenomenon — one that has raised fundamental philosophical questions about human nature and evil. Some of the most profound engagement with these questions came from Hannah Arendt, a German American Jewish historian and philosopher who covered the trial of Adolf Eichmann, a key architect of the Holocaust. In her book Eichmann in Jerusalem: A Report on the Banality of Evil (1963), Arendt asks the question: does a person have to be evil in order to do evil? Her answer is 'no'. All that is required for a person to do evil is to suspend thinking. Arendt argued that it is the exercise of the capacity to think that connects one human with others. What gave Nazism its power was its all out assault on thinking, and on the very impulse to reflect. Eichmann's crime, in this sense, was the banality of doing what seemed to be in the best interests of his career — to please his bosses. This is because for him, thinking had been outsourced to the Nazi bureaucracy and leadership. It is this failure to think — achieved on a mass scale through institutionalised assault on intellectual life, on the life of the mind — that is banal. This banality creates the space for evil to assume the garb of the routine, the normal, and the quotidian, all of which are in ample evidence in the routinised daily massacres of Palestinian civilians in Gaza. As the philosopher Judith Butler observed in an essay on the banality of evil, '[Arendt's] indictment of Eichmann reached beyond the man to the historical world in which true thinking was vanishing and, as a result, crimes against humanity became increasingly 'thinkable'. The degradation of thinking worked hand in hand with the systematic destruction of populations.'

Telecom department and regulator clash over over key spectrum to Indian Railways
Telecom department and regulator clash over over key spectrum to Indian Railways

Mint

time05-07-2025

  • Business
  • Mint

Telecom department and regulator clash over over key spectrum to Indian Railways

The department of telecommunications (DoT) and the Telecom Regulatory Authority of India (Trai) are sparring over the allocation of a portion of the key 700 MHz spectrum to the Indian Railways. The spectrum band is crucial for Indian Railways to deploy safety and security applications as a part of its indigenous radio-based train collision avoidance system (TCAS) or Kavach. In a letter dated 16 June, the telecom department told Trai that the assignment of an additional 5 MHz spectrum would be considered only once the 5 MHz spectrum already assigned in the 700 MHz frequency band was used. The back reference from DoT came on Trai's recommendations to assign additional spectrum to Indian Railways for its safety and security applications. Trai had sent the recommendations on 20 December 2024. In response to DoT's back reference on 4 July, the regulator expressed concern over the department's view on the spectrum allocation. 'It is imperative that an additional 5 MHz of paired spectrum in the 700 MHz band is assigned to the Indian Railways forthwith so that they can plan, design and implement an optimised communication network for meeting the bandwidth requirements of their safety and security applications in a timely manner,' Trai told the DoT. Another issue between DoT and Trai is on how much Indian Railways will be charged for the spectrum. The department wants the assignment of spectrum to bebased on the auction determined price (ADP) instead of a formula prescribed by DoT, which would be less expensive as per the regulator. ADP is the market price set during 5G auctions. The price of per megahertz (MHz) of spectrum in the 700 MHz band was set at ₹ 3,927 crore for commercial use. 'In order to harmonise all such administrative assignment of spectrum in the IMT (international mobile telecommunication) bands, the department is of the view that it may be appropriate to adopt the spectrum charging methodology of upfront payment of the ADP mechanism for all administrative assignment of spectrum in the IMT bands, henceforth on prospective basis,' DoT told Trai. It added that so far, Indian Railways has also not paid any spectrum charges for the already assigned 5 MHz spectrum in the 700 MHz band. DoT said this charging mechanism would allow for efficient use of spectrum, avoid hoarding/blocking of spectrum, and avoid accounting problems from the assignment of spectrum in phases. 'This upfront payment of ADP mechanism will also be applicable to the already assigned 5 MHZ of paired spectrum to the Indian Railways with prospective effect,' DoT said. Trai, however, said, 'Considering the critical role played by Indian Railways and NCRTC (National Capital Region Transport Corporation) in serving public and national interests, it would not be appropriate to levy spectrum charges for these entities based on ADP that reflects the value placed on the spectrum by entities intending to use it for commercial use.' 'The economic value of spectrum for entities such as Indian Railways and NCRTC is fundamentally different from that of commercial service providers, as it does not include revenue-generating activities like commercial use of internet, voice, or data services,' Trai added. Trai noted that spectrum charges for respective spectrum bands assigned administratively to various ministries/departments engaged in national safety and security, such as defence and space, are determined using the formula prescribed by DoT. 'The spectrum charges for these ministries/departments are not determined based on ADP. Further, since both NCRTC and Indian Railways require spectrum for the purpose of enhancing safety and security, there is no justification for levying spectrum charges based on ADP,' Trai told DoT. With a 45 MHz total size, the 700 Mhz band has already been allocated for the use of different government ministries/departments/agencies, which includes 10 MHz for the defence ministry, 5 MHz for Indian Railways, 5 MHz for National Capital Region Transport Corporation (NCRTC), and 10 MHz for BSNL. In the 2022 spectrum auctions, Jio acquired 10 MHz of the 700 MHz spectrum worth ₹ 40,000 crore. The remaining 5 MHz band has been sought by the Indian Railways. The 700 MHz band is considered a premium band for 5G services as it has the potential to offer wider coverage and in-building penetration.

Urgent warning for residents in the Northern Territory as cases of sexually transmitted infection explode
Urgent warning for residents in the Northern Territory as cases of sexually transmitted infection explode

Daily Mail​

time02-07-2025

  • Health
  • Daily Mail​

Urgent warning for residents in the Northern Territory as cases of sexually transmitted infection explode

Medical experts are warning residents in the Northern Territory to get tested for syphilis following an explosion in cases of the potentially deadly infection. The NT has recorded more than 183 cases of syphilis so far this year, following back-to-back near-record months since an outbreak began in 2013. Consistently high case numbers prompted the territory's top medical officer to establish a dedicated response team, the syphilis Incident Management Team (IMT) in February. Syphilis can be particularly devastating for pregnant women, leading to miscarriage, stillbirth, neonatal death, low birth weight and congenital syphilis. Australian Medical Association NT president Dr John Zorbas acknowledged the numbers were high, but suggested better testing could be contributing to the spike. 'Sometimes a large increase in case numbers is a good thing,' he told NT News. 'That means we're doing more testing, we're finding these cases and we're actually getting those cases treated.' Of the 183 cases identified in the NT from January 1 to June 22, 93 per cent of cases were successfully treated, a government spokesperson told the publication. Syphilis is a sexually-transmissible infection (STI) usually caused by having vaginal, oral or anal sex with an infected person, through pregnancy and, in rare cases, through skin-to-skin contact. While it is easy to cure if found early, it can cause serious illness, disability and even death if left untreated. The IMT advised pregnant women to test five times across the course of a pregnancy - at the outset, at 28 weeks, at 36 weeks, at birth and six weeks after birth. It also recommended testing for all people aged 15 years and older presenting to any health service including primary health care and emergency departments. Common symptoms include sores or ulcers in the genital areas, anus, cervix or mouth, rash, skin lesions, swollen lymph glands, fever, patchy hair loss, muscle and joint aches, headaches, tiredness and warty lumps. Not all patients will present with symptoms, however, meaning regular testing is crucial to ensure the disease does not cause long-term damage. Syphilis can spread to the nervous system, known as neurosyphilis, which can lead to headaches, altered behaviour, difficulty coordinating muscle movements, paralysis, numbness and even dementia. It can also spread to the eye, known as ocular syphilis, which can cause vision loss, blurred vision, eye pain, eye redness and even permanent blindness. Syphilis was almost entirely eradicated in Australia by the early 2000s but cases have exploded following an outbreak in north-west Queensland in 2011. Since then, the disease has spread nationwide with outbreaks currently active in Queensland, the Northern Territory, Western Australia and South Australia. Case numbers across the country increased 400 per cent between 2011 and 2023, with a disproportionate impact on Indigenous Australian communities. The NT has been hit hardest by the outbreak, with its per capita rate more than five times higher than any other jurisdiction at its peak in 2018. To avoid contracting syphilis, the Department of Health recommends people should get tested regularly and avoid sexual activity while unwell. It also recommends using condoms with condom-safe lubricants during vaginal and anal sex and dental dams during oral sex. You should see your doctor or visit a family planning clinic or sexual health clinic if you are concerned you or anyone you have had sexual contact with has syphilis.

Haryana has become one of India's leading automobile manufacturing hubs: CM Saini
Haryana has become one of India's leading automobile manufacturing hubs: CM Saini

India Gazette

time17-06-2025

  • Automotive
  • India Gazette

Haryana has become one of India's leading automobile manufacturing hubs: CM Saini

ANI 18 Jun 2025, 00:24 GMT+10 Gurugram (Haryana) [India], June 17 (ANI): Haryana Chief Minister Nayab Singh Saini on Tuesday said Haryana has become one of India's leading automobile manufacturing hubs, producing nearly 50 per cent of all cars made in the country. 'The development of an internal railway yard by the Haryana Rail Infrastructure Development Corporation at Maruti underscores the state's commitment to 'Ease of Doing Business' and infrastructure development, CM Saini said. Reaffirming its vision to emerge as a logistics hub, the state has also partnered with various industry bodies and educational institutions to enhance workforce skills across Haryana, said CM Nayab Singh Saini. Located at the IMT Manesar-based Maruti Suzuki plant, this terminal has been developed under Prime Minister Narendra Modi's Gati Shakti National Master Plan, a visionary initiative aimed at creating a world-class logistics network across India. The total cost of this project is Rs 1 lakh 17 thousand 91 million. Haryana Rail Infrastructure Development Corporation Limited has a 55.4 per cent share, HSIIDC has a 19 per cent share and Gurugram Metropolitan Development Authority has a 5 per cent share in the project. Models manufactured at MSIL's Gurugram and Manesar facilities will be dispatched to 17 hubs from this railway siding serving 380 cities across India. Port locations of Mundra and Pipavav, used by the Company for exports, will also be served. The railway siding will have a dispatch capability of 450,000 vehicles at full has dispatched 2.5 million (25 lakh) vehicles cumulatively through railways since FY 2014-15. Its green logistics efforts align with UN Sustainable Development Goal (SDG) No. 13 on climate action, reinforcing the Company's vision for a cleaner, greener, and more sustainable future. (ANI)

Manesar land scam: Court to rule on charges against 3 more accused
Manesar land scam: Court to rule on charges against 3 more accused

Time of India

time09-06-2025

  • Business
  • Time of India

Manesar land scam: Court to rule on charges against 3 more accused

Panchkula: In a significant development in the Manesar land scam, a special CBI court has opted to first decide on framing charges against three more people before consolidating the chargesheet against former Haryana chief minister Bhupinder Singh Hooda and 30 others. Special CBI Judge Rajiv Goyal made the ruling last Friday, following the Punjab and Haryana high court's vacation of a stay on proceedings. The three individuals facing potential charges are former IAS officer D R Dhingra and private persons Dhare Singh and Kulwant Singh Lamba. The court has scheduled July 10 for resumed arguments regarding the chargesheet against this trio. The extensive case implicates former CM Hooda, his three ex-principal secretaries – Murari Lal Tayal (also facing another trial), S S Dhillon, and Chhattar Singh – as well as various companies and their office bearers involved in the controversial land transactions. The Supreme Court has stayed proceedings against another accused bureaucrat, Rajiv Arora, who was named in the initial chargesheet. The scam revolves around 914 acres of land in Manesar, Gurugram district, originally slated for acquisition to develop an Industrial Model Township (IMT). Following the Aug 2004 notification under Section 4 of the Land Acquisition Act, a rush to acquire land at low prices ensued. Builders and land mafia reportedly capitalised on residents' panic, acquiring plots at "throwaway rates". Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch CFD với công nghệ và tốc độ tốt hơn IC Markets Đăng ký Undo In 2007, the industrial department released the land from the acquisition process. Allegations of political patronage in the builder-official-land mafia nexus led aggrieved parties to court. Ultimately, the Supreme Court directed the CBI to probe the matter, leading to the chargesheet naming former CM Hooda. MSID:: 121731795 413 |

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