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The Forum > Article Comments > The latest ICTY verdict and why you should care > Comments

The latest ICTY verdict and why you should care : Comments

By Mishka Góra, published 31/5/2013

There are two fundamental reasons justice was not done yesterday, two reasons every decent human being should shudder.

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Someone has corrupted the court. Must be those who assign the judges.
Posted by EmperorJulian, Saturday, 1 June 2013 2:27:42 AM
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The concept of collective guilt is an interesting and valid one.

To begin with, those who most ardently claim that Muslims could not be condemned collectively for the actions of Muslim terrorists, have no trouble assigning collective guilt to Nazis, Ku Klux Klansmen, Hell Angels, or any other group whos values and behaviour that they may object to, and who commit outrages against other groups.

One of the identifying features of human beings, is that we form self protecting groups in which a generally agreed concept exists of what constitutes correct behaviour within the group. The acceptance of outgroups are usually conditional upon the degree of conformity the outgroup has with the ingroups values, attitudes and behaviours.

Outgroups who's generally agreed values are diametrically opposed to the ingroups will rarely be accepted, although tolerence can be achieved, provided that the outgroup agrees to largely conform to the ingroups laws, and that the outgroup does not threaten the ingroup legitimacy on making laws through immigration or birth rate differentials.

Where outgroup individuals commit acts of violence towards the majority ingroup, especially if they cite that they are defending the outgroup, then collective guilt will be assigned to every outgroup member, unless the outgroups leaders, and the outgroups people as a whole, clearly demonstrate through words and actions that they disown the actions of the people committing violence in their name.

Every one of us is part of a group (usually several at one time) and we can be very accepting of other groups that share our values. But we also identify other groups that we don't like. That dislaike may be based upon race, religion, social position, political opinion, values, behaviours, sexual orientation, level of intelligence, ethnicity, nationality, or club membership.

To claim that human hostility between groups can be legislated or wished away, is like saying that population control can be achieved if teenagers simply refrained from being interested in sex.

It ain't gonna happen, baby.
Posted by LEGO, Saturday, 1 June 2013 8:01:09 AM
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EmperorJulian - Someone has corrupted the court. Must be those who assign the judges

the judiciary, like all virtually entities conceived by humans, are primarily about power, ergo they are naturally inclined to be corrupt
Posted by praxidice, Saturday, 1 June 2013 9:14:57 AM
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Interesting article.

"In short, they have been found guilty of being Croat."

Collective guilt should be anathema to Western standards of criminal liability which are based on individual liability.

In special circumstances where there is a JCE then various criminal offences can be designed to accommodate that such as the range of conspiracy offences.

Alternatively the Nazi example is instructive; here we had a culture which permeated every aspect of German society. No doubt many Germans were not Nazis or did not support the war attrocities but the crime was so large and so widespread that a collective guilt is appropriate.

More locally the Catholic church is bearing the brunt of outrages committed by some of its clergy. These clergy and their horrible acts thrived in a church wide culture; again collective guilt is appropriate.

Then there is islam and the many barbaric acts committed in its name. Isn't it time a collective guilt were applied to it rather than this namby pamby apologist appeasement offered by the 'moderate' muslim to excuse islam from its crimes?
Posted by cohenite, Saturday, 1 June 2013 10:31:36 AM
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cohenite - Then there is islam and the many barbaric acts committed in its name. Isn't it time a collective guilt were applied to it rather than this namby pamby apologist appeasement offered by the 'moderate' muslim to excuse islam from its crimes?

:) :) :) :) :)
Posted by praxidice, Saturday, 1 June 2013 10:34:44 AM
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Cohenite, how would you 'apply a collective guilt' to all Muslims then?

A mass thrashing or jailing of all Muslim men, women and children?
Ban them all from Australia?
Why are you tarring them all with the same brush.?

Maybe we should also be suggesting that all people who are anti-Muslim are KKK-type racists then?
Posted by Suseonline, Saturday, 1 June 2013 12:23:13 PM
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