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The cultural construction of armed conflict The jurisdiction of the ICC is primarily exercised according to culturally constructed assumptions about the way war works – that there will be a clear division between aggressors and defenders, that armies will be organised according to chains of command, the civilians will not be targeted and will be evacuated from conflict zones. But countless conflicts in Africa and central Asia have proven these assumptions to be flawed. It should not be forgotten that almost all formulations of this motion define cultural relativism only as a defence to the use of child soldiers. It will still be open for ICC prosecutors to prove that the use of child soldiers has been systematic, pernicious and deliberate, rather than the product of uncertainty, necessity and unstable legal norms. Moreover, not all defences are “complete” defences; they do not all result in acquittal, and are often used by judges to mitigate the harshness of certain sentences. It can be argued that it was never intended for the ICC to enforce laws relating to child soldiers against other children or leaders of vulnerable communities who acted under the duress of circumstances. At the very least, those responsible for arming children in these circumstances should face a more lenient sentence than a better-resourced state body that used child soldiers as a matter of policy. Due to the nature of conflicts in developing nations, where the geographic influence of “recognised” governments is limited, and multiple local law-making bodies may contribute to an armed struggle, it is difficult for the international community to directly oversee combat itself. United Nations troops are often underfunded, unmotivated and poorly trained, being sourced primarily from the same continent as the belligerent parties in a conflict. When peacekeepers are deployed from western nations, their rules of engagement have previously prevented robust protection of civilian populations. Ironically, this is partly the result of concerns that western states might be accused of indulging in neo-colonialism. It is outrageous for the international community to dictate standards of war-time conduct to communities and states unable to enforce them, while withholding the assistance and expertise that might allow them to do so. Therefore, the ICC, as a specialist legal and investigative body, should be encouraged to use the expertise it has accumulated to distinguish between child military participation driven by a desire to terrorise populations or quickly reinforce armies, and child military participation that has arisen as a survival strategy. | [
"traditions law human rights international law society family house would require <=SEP=> The ICC is not likely to target children or the leaders of marginalised communities when prosecuting the use of child soldiers. Officials of states parties who play a role in commanding and deploying military units can be held... | [
2687
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"traditions law human rights international law society family house would require <=SEP=> The cultural construction of armed conflict The jurisdiction of the ICC is primarily exercised according to culturally constructed assumptions about the way war works – that there will be a clear division between aggressors a... | [
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Punishing objectively harmful conduct Of the tens of thousands of children exposed to armed conflict throughout the world, most are recruited into armed political groups. Quite contrary to the image of child soldiers constructed by the proposition, these youngsters are not de-facto adults, nor are they seeking to defend communities who will be in some way grateful for their contributions and sacrifices. Child soldiers join groups with defined political and military objectives. Children may volunteer for military units after encountering propaganda. Many children join up to escape social disintegration within their communities. Several female child soldiers have revealed that they joined because to escape domestic violence or forced marriage. Many children who do not volunteer can be forcibly abducted by military organisations. One former child soldier from Congo reported that “they gave me a uniform and told me that now I was in the army. They said that they would come back and kill my parents if I didn’t do as they said.” [i] Once inducted into the army, children are vulnerable to abuse and exploitation. They are usually viewed as expendable, employed as minesweepers or spies. The inexperience and gullibility of children is used to convince them that they are immune to bullets, or will be financially rewarded for committing atrocities. Many children are controlled through the use of drugs, to which they inevitably become addicted [ii] . For every account the proposition can provide of a child who took up arms to defend his family, there are many more children who were coerced or threatened into becoming soldiers. Whatever standard of relativist morality side proposition may choose to employ, actions and abuses of the type described above are object4ively harmful to children. Moreover, the process of turning a child into a soldier is irreversible and often more brutal and dehumanising than combat itself. Proposition concedes that child soldiers will be in need of care and treatment after demobilising, but they underestimate the difficulty of healing damage this horrific. The use of child soldiers is an unpardonable crime, which creates suffering of a type universally understood to be unnecessary and destructive. It should not be diluted or justified by relativist arguments. It would undermine the ICC’s role in promoting universal values if officers and politicians complicit in the abuses described above were allowed to publicly argue cultural relativism as their defence. Moreover, it would give an unacceptable air of legitimacy to warlords and brigands seeking to operate under the pretence of leading legitimate resistance movements [i] Child Soldiers International, [ii] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, p299, | [
"traditions law human rights international law society family house would require <=SEP=> It is not sufficient to observe that there exist groups that use brutality to recruit and control child soldiers. As accounts of conflicts in South Sudan and Myanmar show, politically motivated recruitment of children is less ... | [
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"traditions law human rights international law society family house would require <=SEP=> Punishing objectively harmful conduct Of the tens of thousands of children exposed to armed conflict throughout the world, most are recruited into armed political groups. Quite contrary to the image of child soldiers construc... | [
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Universal rights and collective compromises Cultural relativism is the philosophical belief that all cultures and cultural beliefs are of equal value and that right and wrong are relative and dependant on cultural contexts. Accordingly, relativists hold that universal human rights cannot exist, as there are no truly universal human values. If rights are relative, the laws that protect them must also be relative. If we accept proposition’s contention that culturally relative values can evolve in response to conflicts and crises, then any perverse or destructive behaviour given the force of ritual and regularity by a group’s conduct can be taken to be relative. If the group believes that a practice is right, if it ties into that group’s conception of what is just and good or beneficial to their survival, then there can be no counter argument against it – whether that practice has been continuous for a hundred years or a hundred days. Systems of law, however, reflect the opinions, practices and values of everyone within a state’s territory, no matter how plural its population may be. Similarly, objections to specific aspects of the universal human rights doctrine are fragmentary, not collective. While a handful of communities in Yemen may object to a ban on the use of child soldiers, many more throughout the world would find this a sensible and morally valuable principle. It is necessary for both the international community and individual nation states to adjust their laws to reconcile the competing demands of plural value systems. Occasionally, a value common among a majority of cultures must overrule the objections of the minority. It is perverse to give charismatic leaders who convince impoverished communities to send their sons and daughters into combat an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Officers, politicians or dissident commanders are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. The commanders of child soldiers are the only class of individuals who should fear the ICC. | [
"traditions law human rights international law society family house would require <=SEP=> As noted above, the definition of adulthood accepted within western liberal democracies is not a cultural absolute. It can be argued that the legal cut-off point- be it sixteen, eighteen or twenty-one years of age- is largely ... | [
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"traditions law human rights international law society family house would require <=SEP=> Universal rights and collective compromises Cultural relativism is the philosophical belief that all cultures and cultural beliefs are of equal value and that right and wrong are relative and dependant on cultural contexts. A... | [
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Making children military targets The purpose of the ban on the use of child soldiers is to prevent the normalisation of such tactics in conflict zones. It is not an inflexible implementation of a lofty European ideal. The ban, and the role of the ICC in enforcing it, is designed to reduce the likelihood that civilians will be deliberately targeted in developing world war zones. Why is this necessary? If the defence set out in the motion is used to reduce the number of war crimes convictions attendant on the use of child soldiers, not only will numbers of child soldiers rise, but children themselves will become military targets. Communities ravaged and depleted by war, under the status quo, may be seen as minimally threatening. Armies are not likely to target them as strategic objectives if it is thought that they will offer no resistance. However, if there is no condemnation and investigation of the use of child soldiers, they will become a much more common feature of the battlefield. The increasing militarisation of children will make those children who do not wish to participate in armed conflict- children pursuing some alternate survival strategy- automatic targets. All children will be treated as potential soldiers. The communities that children live in will become military targets. The resolution, although seeking to enable children to protect themselves, will simply make them targets of the massacres, organised displacement and surprise attacks that characterise warfare in Africa and central Asia. | [
"traditions law human rights international law society family house would require <=SEP=> The purpose of the resolution is not to eliminate conflict in the developing world. Side proposition are merely seeking to remove the harmful side effects of the way in which the use of child soldiers is currently prosecuted –... | [
2689
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"traditions law human rights international law society family house would require <=SEP=> Making children military targets The purpose of the ban on the use of child soldiers is to prevent the normalisation of such tactics in conflict zones. It is not an inflexible implementation of a lofty European ideal. The ban... | [
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Restrictions on migration would benefit people in the cities economically and socially Cities are very appealing to poor people. Even if their living standards in cities might be unacceptable, they get closer to basic goods, such as fresh water, sanitation etc. However, these things exist because there are productive people in the cities who work and pay taxes. What happens when too many people come at the same time is that public money is stretched too thinly and these basic goods can no longer be provided. This leads to severe humanitarian problems such as malnutrition, thirst, lack of medication, etc. However, this humanitarian crisis does not only harm those directly affected, it also creates an unattractive environment for business. Thus, people who enter the city cannot find work, as production does not grow in relation to the people who enter. They become excluded from society and often turn to crime, which further erodes the economy. [1] Limiting migration to reasonable levels give the cities a chance to develop progressively and become the kind of places that people in rural areas currently believe them to be. [1] Maxwell, Daniel., “The Political Economy of Urban Food Security in Sub-Saharan Africa.” 11, London : Elsevier Science Ltd., 1999, World Development, Vol. 27, p. 1939±1953. S0305-750X(99)00101-1. | [
"economic policy society immigration house believes developing nations should <=SEP=> People who move to the cities have chosen to move from their families and dear ones, because they want to create a new and better life for themselves. Armed with great motivation, they enter the cities and are often prepared to un... | [
2691
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"economic policy society immigration house believes developing nations should <=SEP=> Restrictions on migration would benefit people in the cities economically and socially Cities are very appealing to poor people. Even if their living standards in cities might be unacceptable, they get closer to basic goods, such... | [
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The government has a right to make decisions in the best interest of the people Man is a social being. Therefore people live in communities where decisions that affect the many, are taken by representatives of the many. Thus, a social contract exists between the people and their government. [1] In exchange for part of their autonomy and freedom, the government ensures that policies are made in the best interest of people, even if this might come at the expense of short-term interests for some individuals. This is a typical example of this kind of case. The trend is emptying the countryside, stopping the production of agricultural goods and hollowing the amenities provided by the cities. Even if each individual has a personal incentive to move to the cities, the harm to the cities is greater than their accumulated individual gains. It is in these cases that the state must act to protect its people and ensure long term benefits. [1] D'Agostino, Fred, Gaus, Gerald and Thrasher, John, "Contemporary Approaches to the Social Contract", The Stanford Encyclopedia of Philosophy (Winter 2012 Edition), Edward N. Zalta (ed.), | [
"economic policy society immigration house believes developing nations should <=SEP=> The government has a right to make some decisions on behalf of the people, but not any decision. Once the state acts against one group of people to further the interest of an already privileged group of people it loses this right ... | [
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"economic policy society immigration house believes developing nations should <=SEP=> The government has a right to make decisions in the best interest of the people Man is a social being. Therefore people live in communities where decisions that affect the many, are taken by representatives of the many. Thus, a s... | [
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Restrictions would benefit rural areas Unlimited rural-urban migration erodes the economy of the cities, as shown in the previous argument, and limits their economic growth and available resources. On a national level, this causes decision makers to prioritise the cities, as the country relies more on urban than rural areas, thus preventing them from investing in the country-side. [1] China is a good example of this where urban privilege has become entrenched with ‘special economic zones’ being created in urban areas (though sometimes built from scratch in rural areas) with money being poured into infrastructure for the urban areas which as a result have rapidly modernised leaving rural areas behind. This leads to a whole culture of divisions where urbanites consider those from rural areas to be backward and less civilized. [2] Moreover, there will be little other reason to invest in rural areas, as the workforce in those areas has left for the cities. By preserving resources in the cities and keeping the workforce in the rural areas, it becomes possible to invest in rural communities and change their lives for the better as these areas maintain the balanced workforce necessary to attract investors. [1] Maxwell, Daniel., “The Political Economy of Urban Food Security in Sub-Saharan Africa.” 11, London : Elsevier Science Ltd., 1999, World Development, Vol. 27, p. 1939±1953. S0305-750X(99)00101-1. [2] Whyte, Martin King, “Social Change and the Urban-Rural Divide in China”, China in the 21st Century, June 2007, p.54 | [
"economic policy society immigration house believes developing nations should <=SEP=> The argument is based on the idea that there is a lot of investment that is just waiting to be made in rural areas. In reality, this is not so. Until there are real investors who are prepared to change the conditions of rural area... | [
2692
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1
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"economic policy society immigration house believes developing nations should <=SEP=> Restrictions would benefit rural areas Unlimited rural-urban migration erodes the economy of the cities, as shown in the previous argument, and limits their economic growth and available resources. On a national level, this cause... | [
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Poor, uneducated people are lured into cities The cause of rural-urban migration in developing nations and the main reason why it becomes problematic is that people who move to the cities are not making informed decisions. They are led to believe that the cities contain opportunities that they cannot find where they live, and there are no mechanisms such as efficient media or adequate education to eradicate this misconception. [1] Myths can be easily propagated by a single successful migrant returning home to visit that then attracts many others to try their luck without any knowledge of the possible costs. [2] This is exacerbated by unscrupulous organisations that prey on their desperation to take all their money to organise their move to the city. Some of those who are trafficked find themselves brought to the city and exploited through forced labour, begging, or even prostitution. [3] Many of those who move to cities find themselves in a worse situation but have lost any moving power they originally had and are thus trapped. [1] Zhan, Shaohua. “What Determines Migrant Workers' Life Chances in Contemporary China? Hukou, Social Exclusion, and the Market.” 243, 2011, Vol. 37. [2] Waibel, Hermann, and Schmidt, Erich, “Urban-rural relations”, in Feeding Asian Cities: Food Production and Processing Issues, FAO, November 2000, [3] “UNIAP Vietnam”, United Nations Inter Agency Project on Human Trafficking, accessed March 2013, | [
"economic policy society immigration house believes developing nations should <=SEP=> The principle at the heart of this debate is that of the rights of the individual. While it might be true that a large group of people make uninformed decisions, a ban on any decisions in relation to where people live will keep th... | [
2694
] | [
1
] | 1,401 | [
"economic policy society immigration house believes developing nations should <=SEP=> Poor, uneducated people are lured into cities The cause of rural-urban migration in developing nations and the main reason why it becomes problematic is that people who move to the cities are not making informed decisions. They a... | [
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It is practically impossible to control people's movement One of the major problems with the proposal lies in the very fact that we are indeed dealing with developing nations. These nations have very limited capacity to manage this kind of system. What will happen instead, will be a state of confusion, where the law will be upheld in some parts while ignored in others. The case in China clearly shows that corruption follows in the wake of this kind of legislation, where urban Hukous are sold illegally or officials are frequently bribed to ignore the law. [1] Furthermore, it only causes those who choose to move to the cities, in spite of the law, to be alienated from society and live a life outside of the law. Once outside of the law, the step to other crimes is very small as these people have little to lose. [2] In short, the law will only work in some cases and where it works it will lead to increased segregation and more crime. [1] Wang, Fei-Ling. “Organising through Division and Exclusion: China's Hukou System". 2005. [2] Wu. s.l., and Treiman, The Household Registration System and Social Stratification in China: 1955-1996. Springer, 2004, Demography, Vol. 2. | [
"economic policy society immigration house believes developing nations should <=SEP=> No amount of confusion can compare with the nearly anarchical state of places like Nairobi, where there is no law and very little state. [1] In the current situation where there is a menacing trend that threatens the very fabric o... | [
2698
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1
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"economic policy society immigration house believes developing nations should <=SEP=> It is practically impossible to control people's movement One of the major problems with the proposal lies in the very fact that we are indeed dealing with developing nations. These nations have very limited capacity to manage th... | [
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Restrictions cause an incredible loss of potential One of the best things about a functioning developed nation is that young people can choose their profession. Apart from this being beneficial for the individual, this means that the best suited person for a given trade will often be the same that pursues it. If we prevent people from moving freely we deprive the cities of talented people whose talents and skills are much better suited for urban professions than for rural jobs. In short, this policy would make farmers out of the potential lawyers, politicians, doctors, teachers etc. Indeed this is the whole basis of most models of migration, people leave rural areas because there is surplus labour in that area while the cities needs new workers. [1] [1] Taylor, J. Edward, and Martin, Philip L., “Human Capital: Migration and Rural Population Change”, Handbook of Agricultural Economics, | [
"economic policy society immigration house believes developing nations should <=SEP=> While factually true for developed nations, this point completely disregards the reality of developing nations. Most of the labour that is available is unskilled, whether it is in the rural or urban communities. There is little re... | [
2697
] | [
1
] | 1,403 | [
"economic policy society immigration house believes developing nations should <=SEP=> Restrictions cause an incredible loss of potential One of the best things about a functioning developed nation is that young people can choose their profession. Apart from this being beneficial for the individual, this means that... | [
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Rural life is miserable and has higher mortality rates than cities This planet does not find worse living standards anywhere than in the rural areas of developing countries. These are the areas where famine, child mortality and diseases (such as AIDS) plague the people. [1] China’s Hukou system has condemned millions of people to premature death by locking them in areas that never will develop. [2] While the cities enjoy the benefits of 12% growth, the villages are as poor and deprived as ever. [3] It is a poorly concealed policy aimed at maintaining a gaping social cleavage and allowing the rich to remain rich. [1] Maxwell, Daniel., “The Political Economy of Urban Food Security in Sub-Saharan Africa.” 11, London : Elsevier Science Ltd., 1999, World Development, Vol. 27, p. 1939±1953. S0305-750X(99)00101-1. [2] Dikötter, Frank. Mao's Great Famine. London : Walker & Company, 2010. 0802777686. [3] Wang, Fei-Ling. “Organising through Division and Exclusion: China's Hukou System". 2005. | [
"economic policy society immigration house believes developing nations should <=SEP=> This kind of argument underestimates the capacity of human potential. People in rural communities devote all their efforts and their creativity towards getting to the cities because they believe it is the best for them and their f... | [
2695
] | [
1
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"economic policy society immigration house believes developing nations should <=SEP=> Rural life is miserable and has higher mortality rates than cities This planet does not find worse living standards anywhere than in the rural areas of developing countries. These are the areas where famine, child mortality and d... | [
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Freedom of movement is an intrinsic human right Every human being is born with certain rights. These are protected by various charters and are considered inseparable from the human being. The reason for this is a belief that these rights create the fundamental and necessary conditions to lead a human life. Freedom of movement is one of these and has been recognised as such in Article 13 of the Universal Declaration of Human Rights. [1] If a family finds themselves faced with starvation, the only chance they have of survival might be to move to another place where they might live another day. It is inhuman to condemn individuals to death and suffering for the benefit of some nebulous collective theory. While we might pass some of our freedoms to the state, we have a moral right to the freedoms that help us stay alive – in this context freedom of movement is one of those. [1] General Assembly, “The Universal Declaration of Human Rights”, 10 December 1948, | [
"economic policy society immigration house believes developing nations should <=SEP=> Freedom of movement is not an intrinsic human right, but rather a right that can and should be given by the state where it is possible. For example the state puts people into prisons; this infringes their freedom of movement. This... | [
2696
] | [
1
] | 1,405 | [
"economic policy society immigration house believes developing nations should <=SEP=> Freedom of movement is an intrinsic human right Every human being is born with certain rights. These are protected by various charters and are considered inseparable from the human being. The reason for this is a belief that thes... | [
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