The Pursuit of Justice

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This Unit You Will
 Create a working definition of Justice
 Examine the difference between justice and revenge
 Examine how humanity has worked toward justice
 Examine the concept of Human Rights – UNDHR/CCRF
 Examine genocide and its relation to justice
 Examine social change in the pursuit of justice – South America
 Examine South African Apartheid
 Examine the Arab/Jewish conflict
Justice, To You
“Take the bastards out back and shoot
them”
 After the horrors of WWII, the focus shifted to what to
do with the remaining Nazi’s
 Options?
Abstract Thinking Time
1) What is Justice?
2) What is Revenge?
3) Should everyone be treated fairly?
4) Should everyone be treated equally?
5) Should government act for the common good?
6) Eye for an eye?
The Pursuit
 Society has traditionally struggled with the
notion of justice
 Long evolution:
A) Punitive punishment for wrong doing
(Hammurabi)
B) Codified Laws with harsh punishments (Tower
of London)
C) Multi-Level legal systems with a range of
sanctions
D) Closure/Restorative justice movement
Far From Easy
 Justice is a difficult topic to reconcile
 Humanity has a long track record of injustice
 How do we keep advancing as a civilization?
Justice Graffiti Wall – Banksy Style
Using the Justice: Defined? article, extract
several words related to the concept of
justice. Bonus points if you assemble the
words in a creative way.
Origins of Justice
 Justice comes from the search for
equality and fairness
 Determined by universal values related
to right and wrong
 Not hindered by cultural relativism
Confucius & The Golden Rule
Justice
1) Political Justice – A political system that allows for fair
representation, acts responsibly, has legitimacy and
can be changed.
2) Legal Justice – A fair, impartial and proportional legal
system where everyone is equal and treated as such.
3) Social Justice – A concept that accounts for fairness
within social institutions
Nuremberg
 A series of military tribunals for Nazi war criminals
 Split into 2 separate trials (N1 & N2)
 N1 tried the 23 highest ranking Nazi’s
 Charges ranged from Crimes Against Humanity to Art
Theft
“These proceedings are unique in the history of the
jurisprudence of the world”
Nuremberg Legacy
 Enhanced the importance of international law
 Introduced scores of new charges that protect Human
Rights
 Defined Genocide
 Precursor to International Criminal Court – The Hague
Genocide
Article II: In the present Convention, genocide means any of the
following acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
South Africa: Apartheid
South Africa
 Economically developed state in southern
Africa
 Large portion of White citizens
 Colonized extensively by the Dutch & English
 Violence plagued – 2 Boer Wars
 Multi Ethnic
Population Profile
Apartheid Era
50,000,000
79% Native Black
9% Afrikaner
White
Colonial Gongshow
 Dutch/English attempts to maintain total
control over territory & resources
 Formal policy of segregation dating back
to 1810
Elections of 1948
 Start of formalized Race Laws – Pillars of
Apartheid
 National Party wins election – Black
South Africans not permitted to vote
Suppress & Oppress
 Race laws designed to further consolidate white control
Law Purposes:
1) Economic control
2) Legal control
3) Lifestyle control
4) Residency control
5) Education control
Resistance
Forget all the past differences among Africans and unite in one national
organisation
African National Congress
Formed in 1912 to combat injustices
against Black S.A
Militancy
 Quickly formed an armed wing –
“MK”
 ANC conflict – Violence vs. NonViolence?
Enter Mandela
 Active in ANC politics – dabbled in
Communism
 Lawyer by profession
 Initial proponent of non-violence
 Slowly became frustrated with nonviolent resistance
Treason?
 1960 ANC outlawed
 Mandela turns to the MK
 Involved in bombing and guerilla campaigns
 Travelled across Africa seeking support – in
disguise
 Reached out to Communist states
 Throughout this period Mandela was arrested
many times
Big Question
How Do You Resist Injustice?
Two Schools of Thought
Violence?
Non-violence?
Terror
 Terrorism as a means of control
 Neck tying
 Night Raids
 Arrest and interrogation
How are we doing?
South Africa was largely controlled by which colonizing
power?
A) France
B) Belgium
C) The Netherlands
Political party formed in 1912 to fight Apartheid
A) WEN
B) ANC
C) PTD
Term used to describe white South Africans
A) Bantu
B) Afrikaners
C) All of the above
The armed wing of the ANC
A) MK
B) VG
C) LT
Mandela’s tribal name loosely translated to:
A) Brave one
B) Trouble maker
C) Hope giver
Murder of 69 South African activists took place
here:
A) Soweto
B) Pretoria
C) Sharpville
Name of the political party responsible for most of the
Apartheid legislation:
A) Afrikaan Party
B) Liberation Front of South Africa
C) National Party
The name of Mandela’s trial in 1962:
A) Charter Trial
B) Rivonia Trial
C) Robben Trial
The Sharpville Massacre
 Crowd of 6000 ANC/PAC protestors gathered outside
of a police station
 Protesting the newly instituted “Pass Laws”
 Police responded by opening fire
 69 people killed
 Scores injured and/or arrested
*World condemns
Rivonia Trial - 1962
 Mandela on the lamb for 17 months
 American CIA (?) locates and helps
arrest
 19 ANC leaders charged with
treason
 Trial would eventually last over a
year
The Charges
(a)recruiting persons for training in the preparation and
use of explosives and in guerrilla warfare for the
purpose of violent revolution and committing acts of
sabotage;
(b)(b) conspiring to commit these acts and to aid foreign
military units when they [hypothetically] invaded the
Republic;
(c)(c) acting in these ways to further the objects of
communism; and
(d)(d) soliciting and receiving money for these purposes
from sympathizers outside South Africa.
The Pursuit of Justice: Racism
 Rev. Martin Luther King Jr.
 I Have a Dream speech – 1963
 Justice for scourge of racism around the world
Guilty
 Despite an aggressive defense, Mandela is
sentenced to life in prison at Robben Island
Rebellion Grows
 Black Consciousness Movement –
Stephen Biko
 Pan Africanist Congress emerges
 Violence increases
 Mandela languishes in prison
46664
 In prison, Mandela returns to his non-violent
roots
 Outside, violence reigned
 Students led the charge – uprisings were
common
 By the 1970’s, South Africa was facing a civil
war
Soweto Uprising
 1976 – Soweto Township
 Thousands of Student Activists take to the streets in a
massive protest
 The police, once again, respond with violence
 29 killed – likely much more
 Death of Hector Pieterson – 13 – became the symbol of
the massacre
UK Newspaper Ad
Free Mandela
White Reform – 1980s
 P.W Botha – President – Began formal
process of repealing many race laws limited
 Western countries urged a slow repeal
 Mandela’s lore grows during his
imprisonment – his writings become an
integral part of the resistance movement
F.W de Klerk & Desmond Tutu
 Successor of Botha –
Education Minister
 Grew from staunch
conservatism to leader in
progressive reform
Could the scars of Apartheid be healed?
Mandela Free
1990 Nelson Mandela is freed by de Klerk
The ANC is recognized as a legitimate political
organization and apartheid is disassembled
De Klerk pledges for a national election where
black citizens can vote
Office of Healing and Reconciliation
A Novel Approach – Restorative Justice
 Healing through dialogue and
forgiveness
 Creation of the Truth and Reconciliation
Commission
 A public trial where victims and
perpetrators could disclose facts about
crimes
TRC
 In lieu of jail – those who committed crimes could
confess and seek asylum
Conditions:
1) Full Disclosure of crime
2) Apology
3) TRC Committee had to rule in your favor
4) Victim’s families could challenge asylum
*No asylum could equal criminal charges
Reception
 Regarded as an overwhelming success
1994
 Mandela elected president of South Africa
 ANC becomes the dominate political party
 Mandela begins a rapid policy of de-apartheidization
and economic adjustment – why?
 Mandela chooses to serve only one term
Aftermath
How Much Do YOU Know?
Prior to 1948, the country currently called
Israel was called:
A) Mesopotamia
B) Palestine
C) Judah
These two religions have important shrines
in Jerusalem:
A) Islam & Buddhism
B) Christianity & Buddhism
C) Judaism & Islam
The name of the movement to guarantee a
Jewish homeland in the Middle East:
A) Zionism
B) Zuffaism
C) Jainism
Name of the Islamic holy site in Jerusalem:
A) Western Wall
B) Torah
C) Dome of the Rock
Shrinking area of land in Israel reserved for
Palestinians:
A) Haifa
B) Gaza Strip
C) Tel Aviv
Islam’s god and prophet:
A) Jesus & Yahweh
B) Yahweh & Mohammed
C) Allah & Mohammed
Using your atlas, find Palestine
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