Saturday, January 31, 2009

Witnessing: International Law in the Making

The trial of Thomas Lubanga Dyilo, which [opened] on Monday 26 January 2009 before Trial Chamber I of the International Criminal Court, will not only be the first in the history of the Court, but will also be the first one in the history of international law which will see victims participate fully in the proceedings.
In total, the judges have recognised 93 persons as victims for the purpose of participating in the case and the interests of these persons will be defended by eight legal representatives (lawyers).
Thomas Lubanga Dyilo, the first person to have been surrendered to the Court since its inception, is accused of having committed, as co-perpetrator, war crimes consisting of enlisting and conscripting of children under the age of 15 years into the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC), and using them to participate actively in hostilities in Ituri, a district of the Eastern Province of the Democratic Republic of the Congo (DRC), between September 2002 and August 2003.
His trial will be held before Trial Chamber I, composed of Judges Adrian Fulford (United Kingdom of Great Britain and Northern Ireland), Presiding Judge; Elisabeth Odio Benito (Costa Rica); and René Blattmann (Bolivia). These independent magistrates will ensure that the trial is fair and expeditious and is conducted with full respect for the rights of the defence, the equality of arms and the principle of adversarial debate, having further due regard for the protection of victims and witnesses.

From the ICC's press release entitled Opening of the first trial of the Court on Monday 26 January 2009: for the first time in the history of international law the victims will fully participate in the proceeding.

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Tuesday, January 27, 2009

How is Everything?

I've already said this by word of mouth and to confirm its validity, here it is again, written down: this is for the first time that I read a book -based on which a film had been made- after having seen the film.
Everything is Illuminated the film appeared as humourously juvenile, culturally ambivalent and somehow innocent because of the imagery; it's only much later, during the reading of the book, that I've learnt that Gogol Bordello's Eugene Hutz was the one playing the role of Alex, which only added some more colour to the entire enterprise.

Everything is Illuminated the book [excerpts from which you can see here] provided for a much more comprehensive experience; to start with, that's formally because it works with two narrators rather than one: Jonathan [the author] and Alex [the Ukrainian 'translator' & later almost-friend(?)]:
Jonathan Safran Foer, designated by Alex as "the hero of this story" is travelling to Ukraine to look for Augustine, the woman who supposedly saved his grandfather during the second world war. All Jonathan has to help him in his search is a photograph of Augustine. Jonathan does not know Ukrainian, and hires the services of Alex as translator. Alex's skills in this direction are dubious, but he makes up in enthusiasm what he lacks in competence. Accompanying the two in their search is Alex's grandfather, and their bitch, Sammy Davis, Junior, Junior.
This stylistic manner is further emphasized in that
[t]he spectrum between the two voices that construct the novel highlights the remarkable versatility of the English language, whose contours become unpredictable in Alex's use of it. [...] As raconteur, Alex's role is to tell the story of the search, and in the process, the story of his grandfather as well.
On the other hand,
Jonathan .. (re)constructs the (his)story of Trachimbrod. [...] So if Alex's language is the domain of the novel's stylistic creative endeavours, in Jonathan's story, reality and reliability become areas in which to assert the power of the imagination. There is also the fact that Alex occasionally embellishes facts or even lies while translating to Jonathan. All these collude to create a unique world where either language or/and the story resist an unambiguous interpretation.
Everything is Illuminated comes to be assembled together not only by the two voices relating events independently, but also dialoguing with each other. [...]
Foer's experimentation with Alex's style includes malapropisms like "rotated" for "turned", "luxuriated" for "enjoyed", "premium" for "important", or "appeased" for "pleased", used interchangeably in the way of an English language learner whose attention to vocabulary is ignorant of the context in which words make meaning. In general, Foer achieves this effect by having Alex use superlative adjectives and adverbs ("I did not yearn to mention this, but I will" says Alex in a letter to Jonathan on p.52, and "Enough of my miniature talking," he remarks on p.53) where moderate words would do.
[as written here]

Undoubtedly, the power of the writing style together with the magic of the imagined stories work together for the overall captivation of the reader, as the book seems to be interacting and illuminating based on a personalised timeline which leaves one guessing what would be next.
Obviously these were enticing enough to lead to many appreciative critiques, to a film and a book's website, as well as winning the author the Guardian First Book Award of that year.
So what is left not illuminated you ask; the question of a different topic as dealt with by the same author.

Here's the film's trailer, in case you were curious:

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Monday, January 26, 2009

meanwhile, the legal conundrum - part 2

In Israel, Prime Minister Olmert told a weekly cabinet meeting that soldiers who had put their lives on the line for their country need not fear prosecution for war crimes overseas. [...]
Israel's military tactics have come under intense scrutiny as evidence has emerged of the high numbers of Palestinian civilians killed in Gaza.
Among complaints made by human rights groups are accusations of indiscriminate firing and the use of white phosphorus shells in civilian areas.
Israel has admitted using white phosphorus in Gaza but says it did not break international law in doing so.
White phosphorus is legal for creating smokescreens in open battleground. But rights groups and journalists say it was used in crowded civilian areas.
The weapon sticks to human skin and will burn through to the bone.
[source: BBC's Israeli PM in war crimes pledge]

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Wednesday, January 21, 2009

meanwhile, the legal conundrum

John Ging of Unrwa has raised the question of whether Israel's government should be investigated for committing possible war crimes against Palestinians.

"For all those innocent people who have been killed in this conflict, were they war crimes? International law obliges is to get an answer to that question," he said.

Mr Ban has been more cautious, saying it is not for him to determine whether a war crimes investigation should take place. However, he has stressed the importance of accountability, where necessary.

In reality, a war crimes investigation by the International Criminal Court (ICC) is unlikely. The court's prosecutor and pre-trial chamber can only instigate their own proceedings against a state that belongs to the court. Israel is not a formal member.

The UN Security Council has been known to refer cases against non-members to the ICC, but the US, staunch ally of Israel, could well block such a move. A state party to the court can ask for a referral to the ICC, but there is no Palestinian state.


[source: the BBC's UN chief's impact on Gaza truce]

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Friday, January 16, 2009

Listing: the Manners

Belknap's take on The Uses and Pleasures of Cataloguing is a 5 chapter essay which refers to - as the 1st chapter reassures, rather than simply informing - Literary Lists. In this endeavour, 4 American authors are dealt with thoroughly, each of them for unique qualities of their manner of listing.
First is Emerson, the written collections of whom are said to abide by an ideal of 'intrinsic vitalizing capacity' [p. 51]; the method appears to be that of a 'seemingly random structuring': 'His lists seem to have less crisp distinction than those of other writers, unless they egregiously violate our expectations.' [p. 47]
Whitman is second, and here we learn that
A collection of items can be read sequentially, where there is a movement from one member to the next, or substitutionally, where there is an equivalence among members. Frequently in Whitman's verse the relation between list constituents is oblique, and the narrative of development through a series of terms is left to the reader. [pp. 86-87]
and also that:
One major application of the literary list is as a tool to suggest order, by either reflecting a perceived order or enforcing a desired one. [...] In The World Below the Brine and Germs, Whitman uses the list format to delineate the cosmos. Each poem is composed primarily of a list, and the intention of each is to map out a cosmography. [pp. 98-99]
Striking out for a new world of poetic form, Whitman likewise sang his characteristic songs, using variations of listing that seem to have all added grace of unpremeditated improvisation, poured spontaneously like the unrehearsed songs of the thrush. Leaves of Grass [is] a volume of such songs... [p. 118]
Penultimate is Melville, who is said 'to consume his predecessors in his leviathanic work' [p. 132]. This is mostly an analysis of the meanings in Moby-Dick, a novel 'so full of life and character and motion and humour and the grand compass of things, [which also] reveals itself as a profoundly disturbing expression of nihilism. [p. 158]:
For the White Whale, paradoxically, represents the absence of meaning, symbolises the meaninglessness of the universe.. The blankness of white is unreadable not because it is too complicated to be deciphered [...] but because the white field bears the imprint of Nothing. The attempt to interpret the unmarked is a confrontation with nothingness.
Final is the entry on Thoreau, who is described as 'preternatural [...] in that its connotations of "extraordinariness" and existence literally "beyond nature" reinforce the indefinable separation that forever kept Thoreau on the outside of nature, as it were. [...] Not only was Thoreau's work solitary and labour intensive, but its worth was misunderstood by his contemporaries..' [pp. 175-176]. Over the passage of time this seems to have changed, since
Many readers have noted that Thoreau seems to write on two levels at once. Thoreau encoded his writing to reach a select audience within his general reading public in a way that required embedding one level of discourse within another. [...] Just as it takes a careful reader to catch all Thoreau's punning wordplay, so too must one read mindfully to fully appreciate his distinctive definitions and the frisson these definitions generate when considered alongside their popular significations. [...e.g.] For Thoreau, is the expenditure of living, a trade-off of time that would otherwise be spent in different pursuits.

All of the above are therefore seen as settings and modes of list usage in literary pursuits. Lists serve a variety of functions in Emerson's essays, Whitman's poems, Melville's novels, and Thoreau memoirs, and Belknap discusses their surprising variety of pattern, intention, scope, art, and even philosophy.
This exercise in literary analysis provides with an interesting selection, sampling the writers' overall styles; on my part, it elicited curiosity about a careful and, why not, creatively interpretative reading of the 4 authors' productions: lists may be surprisingly crafted.

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Tuesday, January 13, 2009

... the silver lining of the economic crisis?

...

The new year (also) begins with hand-wringing about the economic crisis, and how it and the low price of oil are bad for investment into alternative energy. Others are moaning that China’s market for recycled paper has plummeted. But are we not forgetting that 2009 will see huge environmental dividends from our new, enforced austerity?

Everyone has suddenly stopped spending and started saving. And while this is bad for the economy, as consumption declines so too do the energy and environmental costs attached with that consumption. Companies are folding, people are being fired, and shops are closing. People are buying less, travelling less, and wasting less food. Attached to all these activities are CO2 emissions that will no longer happen and reduced use of land for supplying food, fuel and clothing. ...

Keep reading the remainder of this unusual opinion in The Economist's review, entitiled Good and Bad Green Resolutions.

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Friday, January 02, 2009

HNY: 2oo9

Happy oo9, natziune!

new year,
clean slate,
inspiration

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