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Consular work is perhaps the best example of diplomacy with a human touch, because consular officers touch people’s lives around the world every day, often in moments of great need, trauma or desperation. They serve on the front lines of diplomacy, guarding against threats far away from the home country’s physical borders. They protect those borders through the entry visas they decide to grant or deny, and assist home-country citizens in harm’s way. They provide what are known as cradle-to-grave services, including everything from issuing reports of birth abroad to visiting detained or imprisoned compatriots to issuing death certificates. Consular matters affect every bilateral relationship, and their impact is felt globally. Consular work will test you as an individual, including your ability to empathize while fairly applying laws and procedures.
The chapter asks why an avowed pacifist wrote so many works, not all completely negative, about war. It begins with Tolstoy’s personal connection to the military, through both his family background and his own service. It describes the two wars in which he fought: the Long Caucasian War (1817–64) and the Crimean War of 1853–6, and it explains how he came to write War and Peace about the Napoleonic Wars of the early nineteenth century. It then turns to other conflicts (the 1877–8 Russo-Turkish War and the 1904–5 Russo-Japanese War) and military alliances (among others, the 1891–1917 Franco-Russian Alliance) in which Russia was involved during Tolstoy’s lifetime. Russia had been an empire since the conquest of Kazan in 1552, and all its external wars during Tolstoy’s lifetime were related to imperialism. Tensions with Germany simmered over many years. Finally, the failure after emancipation in 1861 to integrate the peasants into a new, just society created conditions for civil war that intensified in the late 1870s and led to the assassination, in 1881, of Alexander II and the revolution of 1905. The essay summarizes Tolstoy’s reactions to all these different kinds of war and warlike conditions.
This chapter undertakes a systematic review of the literature on memory and transitional justice to provide support for the central premise of the book: that law and memory studies miss each other in transitional justice. In doing so, this thick description of the literature provides the key background for the case studies in other chapters. Further, the chapter examines the regime for the protection of cultural heritage in wartime of the 1954 Hague Convention and its Protocols as a paradigmatic case study of cultural heritage law’s reluctance to engage with transitional efforts. The chapter’s engagement with the idea of anti-anti-politics in the context of the conservation paradigm or the Authorized Heritage Discourse also aligns the book with critical work on the anti-impunity move in the international human rights movement.
As the military and economic situation deteriorated in Germany, so did the military’s ability to respect the pre-war agreements on the humane treatment of prisoners of war. Shortages worsened throughout 1917 and 1918, causing all social classes to feel the effects of the war in the pits of their stomachs. Tens of thousands of Allied prisoners of war in Germany had no option but to rely on whatever their captors could feed them. Conditions were dire, but Germany was able to defray some of the long-term costs of feeding prisoners of war by granting some of them access to humanitarian aid from the Red Cross. The food situation at Karlsruhe had become so desperate in 1917 that British officers imprisoned there were offered 30 pfennigs a day to forgo the German-supplied rations so that they could be used to feed starving civilians.
Not all captured Australians survived the tumult of battle. After the 7th Brigade’s failed attack on the Windmill at Pozières on 28 July 1916, a German officer approached an Australian Lewis gunner nursing a bullet wound to his leg. ‘You are the Machine Gunner?’ asked the officer. ‘Yes, sir,’ the man replied. Without hesitation, the officer drew his automatic pistol and shot the man through the heart and the head, killing him instantly. ‘That’s the way to deal with English swine.’
The role normally played by monuments in conflict is that of passive and innocent observers, occasionally drawn into the fighting through their locations. In the Syrian conflict, monuments have been more deliberately used as pawns, as ideological weapons and as favoured strongpoints for combatants. The resulting damage to historical sites, particularly to the monumental centres of Aleppo and Palmyra, has been considerable. However, damage to heritage presents a small proportion of the harm compared to the destruction of civilian housing and facilities throughout the country and should not distract us from the irreplaceable loss of innocent life in the fighting. The country's eventual recovery will require the return of refugees to their devastated communities, a precondition for any effort to restore the country's rich monumental heritage.
This chapter talks about the study of workers and labour movements in the First World War. The war demanded total mobilisation in the nations engaged, and in particular in the industries which fed the furnace. The First World War was indeed the first of its kind: no one had imagined anything like it, and there was no previous point of reference to deal with the situations that it created. The nations attempted to remedy the lack of available labour by recruiting foreigners, prisoners of war, adolescents and women. The Hague Convention authorised the employment of prisoners of war, with the exception of officers, provided that the work was not excessive and was unconnected to military operations. The Allied nations retained their legitimacy because they had won the war on the home front and on the battle front.
The globalisation of the economy and the increasing ease of travel have led to the internationalisation of families. Bi-national couples and families relocating from one country to another are now commonplace. The international element of family life often leads to complex legal situations – such as international parental abduction – when these families are facing a crisis. However, the scope of legal issues arising from the internationalisation of families and affecting children is wider than the abduction problem and can relate to relocation, access rights, urgent protection measures or transborder placement, to name only a few. This paper aims to present the 1996 Hague Convention on the International Protection of Children which establishes a comprehensive framework ensuring the effectiveness of the rights of children involved in a crossborder situation.
The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. The ‘Child Abduction Section’ provides information about the operation of the Convention and the work of the Hague Conference in monitoring its implementation and promoting international co-operation in the area of child abduction. There are currently 58 member countries and 22 non-member countries. Australia signed the Convention five years after its introduction. The Family Law (Child Abduction) Regulations 1986 enshrined in Australian law the principles espoused in the Convention which came into force in 1987. The Regulations are to:
(a) secure the prompt return of children wrongfully removed to or retained in any contracting state, and
(b) ensure that rights of custody and access under the law of one contracting state are effectively respected in the other contracting states.
This paper shows that the failure of Family Courts to take account of the effects of their actions on the development and best interests of children whose return is secured can add to the psychological abuse of those who were removed from their home countries to avoid sexual abuse and violence. It suggests that the exceptions in the regulations that allow a child to remain in the new country with the primary caregiver are being ignored.
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