War Is A Necessary Condition For The Occurrence Of Genocide

The term ‘war’ as defined by the Oxford Dictionary is explained as â€Å"a state of armed conflict between different countries or different groups within a country† (Oxforddictionaries.com, 2016). The concept of war has created contrasting views on the relationship between war and genocide as well as the effect that war has on genocide. The term ‘genocide’ literally means ‘the killing of a race’ and is arguably the most atrocious crime conceivable (Gunter, 2011). It is a specific term that refers to crimes that are committed against groups with intent to destroy their existence (Ushmm.org, 2016). There are various motives and numerous reasons as to why genocides may occur, however this paper will seek to address the extent to how, if at all, the concept of war being a necessary condition for the occurrence of genocide, as well as looking at correlations between war and genocide using specific examples to determine whether war is a necessa ry condition or not. The Armenian Genocide of 1915 was the Ottoman Governments eradication of the Armenians within what is now known as Turkey. Ottoman authorities arrested deported and eventually murdered Armenian subjects, as well as targeting men, women and Christian ethnic groups (KeÃŒ vorkian, 2011). World War I was a key factor when looking at the Armenian Genocide; in 1914 the Turks entered the war on the same side of the Austro-Hungarian Empire and Germany. Government and military leadership feared the revolt of the Armenians; theyShow MoreRelatedCauses of Genocide Essay1675 Words   |  7 Pages Genocide is an action that is not unique to any one set of specific circumstances. It knows no bounds of time or location. From thousands or years ago to present day and on every civilized continent, the eradication of entire groups of people has occurred. The current definition of genocide was established by the United Nations in 1948: â€Å"(a) Killing members of [a] group; (b) Causing serious bodil y or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of lifeRead MoreConditions of the Concentration Camps During the Holocaust Essay1077 Words   |  5 Pagesand his sudden control over Germany sparked a new age of reform within the new â€Å"Nazi-state† (Hunt 848). As Nazism became a major aspect of everyday life in Germany, Hitler plotted against his enemies and those he blamed for Germany’s defeat in World War I: the Jewish race. In his biography, Mein Kampf, Hitler discusses the artistic, social, and technological superiority of Germany (â€Å"Aryans†), why he believes the Aryans are the ultimate dominant human race, and he makes many anti-Semitic remarks againstRead MoreHuman Rights : The Most Important Socio Political Event Of Our Time3698 Words   |  15 PagesInternational Covenant on Civil and Political Rights endeavored to clarify and codify the recognized universal human rights. On the right to life, Article 6 states â€Å"Every human being has the inherent right to life† and further addresses the related issues of genocide and the death penalty. The right to life in the language of international legislation leaves broad ambiguity of both implementation and meaning, but interpretation of this right has followed a general pattern. In the case of McCann v United KingdomRead MoreThe Un Peacekeeping Operations Is Impacted By Internal Security Problems1287 Words   |  6 Pagesproves that innocent people suffer more than militaries during combats. If internal security issues will not end, it will be very difficult for the UN mission to accomplish the main tasks. This is because the internal fighting creates more difficult conditions for the peacekeeping operations. Therefore, the success of the UN peacekeeping operations is impacted by internal security problems. The host government and security agencies are often gridlocked the UN peacekeeping mission. As a result, the missionsRead MoreThe Transnational Security Threats from Failed States1308 Words   |  6 Pagesgovernance, improper institutional frameworks and persistent conflicts. Thus, such countries face many forms of instabilities in economic, social and political aspects. On the other hand, transnational crime perpetrators take the opportunity of these c onditions to establish trans-border criminal gangs (AusAid, 2005). According to a recent United Nations report on transnational security threats, failed states are characterized by extensive violation of human rights (Bar-Joseph, 2001). Critical analysisRead MoreThe International Community And Responsibility To Protect.33183375 Words   |  14 Pagesnew adopted norms on use of force for humanitarian purposes. Despite the political controversies between the countries, humanitarian intervention is now an international norm which calls for action anytime there are serious mass life threatening occurrences in any country. 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Student’s Name: Institutional Affiliation Date Introduction Human rights can be summarized as the activities and freedoms that all human beings are entitled to enjoy and only by virtue of their humanity. These conditions are generally guaranteed in the constitution of the land. They are widely felt in the area as they are divided and not limited to political, social economic and cultural rights. Some of the main principles of human rights include the fact that theyRead MoreThe System of Government Fascism Essay examples1740 Words   |  7 PagesThe System of Government Fascism Fascism is a form of counter-revolutionary politics that first arose in the early part of the twentieth-century in Europe. It was a response to the rapid social upheaval, the devastation of World War I, and the Bolshevik Revolution. 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The Obesity And Nutritional Choices - 1251 Words

Obesity effects most of this country and most of this world, but how is it physiologically changing people as a whole? During this experiment, students sought to answer questions based on how obesity and nutritional choices may affect physiological features in rats. Students hypothesized that rats would experience a higher weight and an overall increase in fat storage in rats that were consuming the high fat diet. Students also hypothesized that exposure to glycogen and insulin would increase the blood glucose levels compared to the exposure of saline. When it came to gut motility, students hypothesized a slower gut motility with rats who were consuming the high fat diet. Students used weight to see the effects of diet because it is the†¦show more content†¦With childhood obesity on the rise, there is also a rise for children to have a fatty liver. The symptoms can go undetected for years and in some cases once the child reaches adulthood, they can progress to cirrhosis and liver failure. In San Diego county, 9.6% of children between the age of two and nineteen reported a prevalence of fatty liver disease in this isolated study. When closing the spectrum to only children with disease, they found that 38% of obese children had fatty liver disease (Delvin et al., 2015). Students found that rats that were fed with a higher fat diet had higher blood glucose levels than the rats that consumed the lean diet. With the introduction of insulin, the blood glucose levels decreased for both diets after the initial injection. Both rats showed a stabilization after the initial decrease. When the rats were exposed to glucagon there was an increase in blood glucose levels initially and then there was a stabilization for both rats on the various diets. 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The cost of these diseases has a huge economic impact on the country. The government owes it to its citizens to control these costs through diet regulation. It also owes its citizens the opportunity for optimal health. Poor diets can lead to obesity. There are an estimated 300,000 deathsRead MoreGlobal Health And The Global Issues977 Words   |  4 Pagespopulation groups is obesity. Where are the strategies to address this health issue, and why is a developed country having these struggles? Risk Factors: Although there are two types of diabetes only one, Type 2, identifies obesity as a risk factor for causing the disease. Type 2 diabetes (formerly called non-insulin-dependent or adult-onset diabetes) is caused by the body’s ineffective use of insulin† (WHO website). The other risk factors for this disease are all life style choices, and examples ofRead MoreGovernment Should Have A Say In Our Diets Essay940 Words   |  4 Pagesundesirable. We are so used to making free choice and to having access to everything we need and want that we have already forgotten the value and usefulness of the government control. No, that does not mean that the government must control everything and everyone. What I mean here is that the government control should be balanced with the freedom of choice. Unfortunately, plentiful foods do not lead to improved health conditions. We cannot always make a relevant choice. Our hurried lifestyles make us extremelyRead MorePersuasive Essay On Fast Fo od986 Words   |  4 PagesIt is all too easy to blame a person’s eating habits for their health problems such as obesity and diabetes, but if one were to take a step back and look at the big picture of that person’s life they would quickly understand it is not entirely that person’s fault. In a society that highly values speed and efficiency, fast food has quickly become a popular choice thanks to its ability to provide quick meals at low prices. 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Free Discrimination Essay Free Essays

string(67) " reasonably have been expected to know, that B had the disability\." ‘The prohibition of discrimination arising from disability in the Equality Act 2010 s.15 has, to a great extent, rectified the damage done to the protection of disable people by the House of Lords decision in Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm [2008] UKHL 43’ Introduction This statement is true to an extent as s.15 of the 2010 Act was clearly intended to reverse the harsh effect of the decision in Malcolm which established that a requirement for less favourable treatment was necessary to founding a discrimination claim in respect of a disabled person[33]. We will write a custom essay sample on Free Discrimination Essay or any similar topic only for you Order Now Malcolm has rightly been described as sending â€Å"shockwaves†[34] through the legal world and attempted to strike a balance between the rights of tenants with disabilities and the ability of landlords to manage their properties effectively without absurd results. The Equality Act 2010, of which the majority of provisions came into force in October 2010, is not flawless but does undo some of the damage done by Malcolm that favoured landlords and undermed indirect discrimination in respect of disability. S.15 does present some problems in respect of the knowledge of the employer in both direct and indirect discrimination cases and this will be discussed in part 2 which will follow a discussion of the decision in Malcolm in part 1. Part 1: The decision in Malcolm The facts of Malcolm were that a local authority (L) appealed against the dismissal, by the Court of Appeal, of its possession proceedings against the respondent (M) who had been diagnosed with Schizophrenia. M had become a secure tenant of L and before exercising his right to buy M had sublet the flat out and by virtue of the Housing Act 1985 s.93 he lost his secure tenancy. L then gave a notice to quit and initiated possession proceedings against M. It later emerged that M was not taking his medication for schizophrenia at the time of the subletting and crucially it appears that the local authority were completely unaware of M’s condition. This lack of knowledge was the catalyst for the judge to grant the possession proceedings and ultimately for the House of Lords to overturn the Court of Appeal which had dismissed the possession proceedings and allowed M’s appeal on the grounds that the notice to quit and the possession proceedings were unlawful discrimination under the Disability Discrimination Act 1995 s.22(3). The Court of Appeal further found that there was a sufficient causal relationship, despite the subjective lack of knowledge on the part of the Local Authority, when viewed objectively and consequently M was treated unfavourably[35]. The House of Lords appeal was based on two grounds as Orme opines and this part will look at the decision along these lines: â€Å"First, in order for the alleged discrimination to â€Å"relate to† the disability within s.24(1)(a), must the fact of the disability have played some motivating part in the mind of the alleged discriminator when subjecting the disabled person to the treatment complained ofSecondly, what is the correct comparator in order to determine whether the disabled person has been treated less favourably so as to have been subjected to discrimination?†[36] Their Lordships dismissed the objective causal link established by the Court of Appeal with Lord Scott observing that: â€Å"It was not enough for M to show that objectively viewed there may have been a causal connection unknown to the local authority between the sublet and M’s disability†[37]. Their Lordships found assent in the case of Taylor v OCS Group[38] where a deaf claimant was dismissed for misconduct after a disciplinary hearing and the Court of Appeal, in dismissing an appeal which tried to establish an objective link, argued that without a subconscious or conscious frame of mind there could be no question of discrimination. Orme points out the implications of this reasoning: â€Å"It follows that the alleged discriminator must have at least some imputed knowledge of the existence of the disability in order for it to form a part of the motivation for the decision to inflict the treatment.†[39] On the question of the comparator, which was a key question in determining whether a disabled person has been subjected to direct discrimination under the old Disability Discrimination Act 1995, the Court of Appeal insisted along the lines of the case in Novacold[40], that the correct comparator was in fact a person without schrizophrenia who has not sub-let their property as this â€Å"relates to† their disability. This tortured reasoning was dismissed by their Lordships with Lord Scott even commenting that the comparator used in Novacold which had inspired the Court of Appeal, was â€Å"pointless†. The typically used example from Novacold is the blind man with the dog who are refused entry into a shop[41] and the comparator extrapolated from this was that of a non-blind person with no dog. As Orme points out the reasoning behind using a comparator with like characteristics is to produce a more meaningful comparison and ultimately the House of Lords settled on: â€Å" the correct comparator was a person without schizophrenia who had sub-let without the consent of the landlord.†[42] But does this lead to an unfavourable situation against the claimantBamforth et al, writing before the Malcolm decision, thought that it would because of the difficulties of identifying a comparator in a similar situation albeit without the disability and a â€Å"add layers of complexity to the test†[43]. There were undoubtedly strong public policy reasons for the Malcolm decision but in denying any causal link and in changing the established comparator rule the decision was harsh towards potential disabled claimants. Part 2: The Equality Act 2010 and s.15 Section 15 of the 2010 Act provides: â€Å"(1) A person (A) discriminates against a disabled person (B) if— (a) A treats B unfavourably because of something arising in consequence of B’s disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim. (2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability. You read "Free Discrimination Essay" in category "Essay examples"† The chief difference is the wording of s.15(1)(a) which does not include the words â€Å"less favourably† and thus erases from memory the tortured stories of blind dogs: the comparator element has been dropped as the solicitor general confirmed in parliament[44]. Thus the legacy of Malcolm is in this respect erased. The difficulties posed by trying to find a suitable comparator are gone and this is to be welcomed from the perspective of the disabled claimants who, as Bamforth et al point out, struggled with the complexity of the test. The memory of Malcolm still lingers on however, in the causal memory requirements under s.15 (2) which provides an additional defence to those trying to rebut claims of disability-related discrimination. It should be pointed out that no knowledge on the part of the employer is required in respect to a s.19 claim for indirect discrimination[45] so there is in effect a recognition by Parliament that providing the knowledge defence in both situatio ns would have been too conciliatory to landlords. The aims of the Equality Act 2010 were clear as the Solicitor-General pointed out in Parliament: â€Å"The clause is intended to address the consequences of Lewisham v. Malcolm [[2008] UKHL 43], which frankly made it difficult for a disabled person to show that they had been subjected to disability-related less favourable treatment.†[46] Conclusion In conclusion the statement regarding Malcolm is mostly true in that by removing the comparator for people trying to prove disability related discrimination Parliament has removed a controversial element which divided many courts and put incredible burdens upon claimants undoubtedly to their detriment. However, in retaining the knowledge defence from Lewisham, Parliament has retained a part of the judgement which sent shockwaves through the legal community. The retention of this part will undoubtedly allow many to escape by claiming that they had no knowledge at all but perhaps this is better than trying to create links when none could exist. There is no definitive answer and absurdities will remain despite the Equality Act 2010. The public policy argument in Malcolm has survived intact to the new act and will stay. Bibliography Books: 1. Bamforth et al (2008) Discrimination Law: Theory and Context texts and materials Journals: Arlow, Ruth (2009) ‘Sikh Bangle: Indirect Discrimination – race and religion’ in Eccesiastical Law Journal vol 11(1) pp 126-127 Connolly, Michael (2011) ‘The Gender Pay Gap, Hypothetical Comparators and the Equality Act 2010’ Employment Law Bulletin Volume 101 (Feb) pp 6-8 Editorial (2010) ‘Equality Act 2010 – new legislative framework’ in Health Safety at Work vol 16(10) p.4 Editorial (2011) ‘The Equality Act 2010 – Observations on the Disability Provisions’ in Employment Law Bulletin vol 101 (Feb) p.2-4 Leigh, Ian (2009) ‘Recent Developments in Religious Liberty’ Ecclesiastical Law Journal vol 11(1) pp65- 72 Orme, Emily (2008) ‘Malcolm v Lewisham LBC: Nasty Surprise or Logical Conclusion?’ in Journal of Housing Law volume 11(6) pp103-107 at p.103 Steele, Ian (2011) ‘Sex Discrimination and the Material Factor Defence under the Equal Pay Act 1970 and the Equality Act 2010’ Industrial Law Journal vol.39(3) pp 264 – 274 Talbot, Alison Brownsell, Liz (2011) ‘The Equality Act 2010: Changes to Previous Law’ in Private Client Business vol 2 pp104-109 at p.105 Case Law: Coleman v Attridge Law (A Firm) (C-303/06) [2008] All E.R. (EC) 1105 Clark v Novacold Ltd [1999] ICR 951 Kulikaoskas v Macduff Shellfish [2011] I.C.R. 48 Leverton v Clwyd County Council [1989] IRLR 28, HOL Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm [2008] UKHL 43 Sorbie and Others v Trust Houses Forte Hotels Ltd [1977] Q.B. 931 R (on the application of Watkins-Singh) v Aberdare Girls’ High School Governors [2008] EWHC 1865 (Admin) 8. R (on the application of X) v The Headteacher of Y School R (on the application of Playfoot) v Governing Body of Millais School Governing Body [2007] EWHC 1698 (Admin) Taylor v OCS Group [2006] ICR 1602 Statutes Hansard: Disability Discrimination Act 1995 Housing Act 1985 Equality Act 2010 Equality Act 2006 Equal Pay Act 1970 Race Relations Act 1976 Hansard, HC Public Bill Committee, 8th Sitting, June 16, 2009, col.275 [1] s.39 [2] Equality Act 2010 s.80(2)(a) [3] s.39 (1)(b) [4] Equal Pay Act 1970 s. [5] Connolly, Michael (2011) ‘The Gender Pay Gap, Hypothetical Comparators and the Equality Act 2010’ Employment Law Bulletin Volume 101 (Feb) pp 6-8 [6] Equality Act 2010 s.69 [7] Equality Act 2010 s.66(2)(a) [8] Ibid p.6 [9] Leverton v Clwyd County Council [1989] IRLR 28, HOL [10] Equality Act 2010 s.64(1)(a) [11] Ibid explanatory notes [12] [1977] Q.B. 931 [13] S.65 (2) (a) and (b) [14] Steele, Ian (2011) ‘Sex Discrimination and the Material Factor Defence under the Equal Pay Act 1970 and the Equality Act 2010’ Industrial Law Journal vol.39(3) pp 264 – 274 [15] Connolly, Michael (2011) ‘The Gender Pay Gap, Hypothetical Comparators and the Equality Act 2010’ Employment Law Bulletin Volume 101 (Feb) at p.6 [16] [2008] EWHC 1865 (Admin) [17] Leigh, Ian (2009) ‘Recent Developments in Religious Liberty’ Ecclesiastical Law Journal vol 11(1) pp65- 72 [18] See in relation to the Niqab veil and article 9: R (on the application of X) v The Headteacher of Y School ; and in relation to a purity ring symbolising celibacy as a manifestation of Christianity and article 14: R (on the application of Playfoot) v Governing Body of Millais School Governing Body [2007] EWHC 1698 (Admin) [19] Arlow, Ruth (2009) ‘Sikh Bangle: Indirect Discrimination – race and religion’ in Eccesiastical Law Journal vol 11(1) pp 126-127 [20] Section 1(1)(1)(A) of the Race Relations Act 1976 and s.45(3) of the Equality Act 2006 [21] Editorial (2010) ‘Equality Act 2010 – new legislative framework’ in Health Safety at Work vol 16(10) p.4 [22] Equality Act 2010 part 6 chapter 1 explanatory notes [23] s.85(3)(b) [24] s.85(4)(a) [25] s.212 provides an unsatisfactory definition but see Bamforth et al (2008) Discrimination Law: Theory and Context texts and materials Sweet Maxwell: London p.314 [26] S.85(9) [27] Equality Act 2010 s.13 explanatory notes para 81 [28] Talbot, Alison Brownsell, Liz (2011) ‘The Equality Act 2010: Changes to Previous Law’ in Private Client Business vol 2 pp104-109 at p.105 [29] [2011] I.C.R. 48 [30] This Act has now been repealed as of 5th April 2011 [31] Coleman v Attridge Law (A Firm) (C-303/06) [2008] All E.R. (EC) 1105 [32] Kulikaoskas v Macduff Shellfish [2011] I.C.R. 48 at para 25 [33] Editorial (2011) ‘The Equality Act 2010 – Observations on the Disability Provisions’ in Employment Law Bulletin vol 101 (Feb) p.2-4 [34] Orme, Emily (2008) ‘Malcolm v Lewisham LBC: Nasty Surprise or Logical Conclusion?’ in Journal of Housing Law volume 11(6) pp103-107 at p.103 [35] Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm [2008] UKHL 43 from para 21 per Lord Scott of Foscote [36] Orme, Emily (2008) ‘Malcolm v Lewisham LBC: Nasty Surprise or Logical Conclusion?’ in Journal of Housing Law volume 11(6) pp103-107 at p.103 [37] Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm [2008] UKHL 43 from para 21 per Lord Scott of Foscote at para 40 [38] Taylor v OCS Group [2006] ICR 1602 [39] Orme, Emily (2008) ‘Malcolm v Lewisham LBC: Nasty Surprise or Logical Conclusion?’ in Journal of Housing Law volume 11(6) pp103-107 at p.104 [40] Clark v Novacold Ltd [1999] ICR 951 [41] Ibid per Mummery LJ at p.964 [42] Orme, Emily (2008) ‘Malcolm v Lewisham LBC: Nasty Surprise or Logical Conclusion?’ in Journal of Housing Law volume 11(6) pp103-107 at p.105 [43] Bamforth et al (2008) Discrimination Law: Theory and Context texts and materials Sweet Maxwell:London p.1059 [44] Hansard, HC Public Bill Committee, 8th Sitting, June 16, 2009, col.275 [45] Editorial (2011) ‘The Equality Act 2010 – Observations on the Disability Provisions’ in Employment Law Bulletin vol 101 (Feb) p.4 [46] Hansard, HC Public Bill Committee, 8th Sitting, June 16, 2009, col.275 How to cite Free Discrimination Essay, Essay examples