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Wednesday, January 02, 20081199292900

Race Wars

Robert Paterson reports on the horror-show violence in Kenya. Among other problems, Kenya is undergoing a ethnic/race-war between the Kikuyu, the Luo, and their affiliates.


The Master Race?


Racial violence is relatively rare in the Core, but occurs in microgaps, such as parts of Los Angeles and federal prisons.

Racial/ethnic violence is a form of insurgency, attempting to replace the State with "primary loyalties." Race warriors should therefore be classified as insurgents, and (except for those who wear racial/gang insignia) unlawful combatants, as well.

Hate crime laws are probably a good idea, but msinamed, as they fight not crime, but war.

Comments

I know that during British Emergency rule in the 1950's some Kikuyu considered themselves God's chosen people led to their farmland by Moses himself.
Were the Luo loyalists during the emergency? If so then this might be a continuation of generations of conflict between those in power and those who were forcibly ejected from their land.

Posted by: J. Kauffman | Wednesday, January 02, 2008

". . .except for those who wear racial/gang insignia. . ."

Interesting idea. Does that mean that KKK members and known gangbangers would be subject to the Geneva convention (note: I'm not asking rhetorically, though I am feeling amused for some reason)?

Posted by: Michael | Wednesday, January 02, 2008

Michael,

To avoid being a franc tireur in the Geneva Convention of 1949, one needs to meet the following conditions:

"(a) That of being commanded by a person responsible for his subordinates;
(b) That of having a fixed distinctive sign recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war"

The Klan clearly meet conditions a, b, and c. Unsure about d.

Posted by: Dan tdaxp | Wednesday, January 02, 2008

J,

Don't know. I do know that Obama is half-Luo [1], which makes his plea for peace [2] all the more interesting (and, hopefully, useful).

Michael,

The link [3] for my previous comment.

[1] http://www.voanews.com/english/archive/2006-08/2006-08-27-voa17.cfm?CFID=176905678&CFTOKEN=37648432
[2] http://africa.reuters.com/wire/news/usnN02169350.html
[3] http://tdaxp.blogspirit.com/archive/2005/02/06/french_terrorists.html

Posted by: Dan tdaxp | Wednesday, January 02, 2008

I'm not real familiar with the Convention's details, but I suspect that Klan activities would be covered so long as they limited themselves to crossburnings and attacks on visibly armed members of other gangs. The interesting part would be whether the local laws of the disputed territory would take precedence over the Convention and whether the convention's mandated penalties (if any) would be applicable.

"Sorry dude, you shanked an unarmed member of their gang. By the Geneva Convention, they're allowed to try to kill or capture you- unarmed or not- whenever they get a chance. Are you SURE you don't want to spill the beans on your gang's activities. . .?"

Posted by: Michael | Wednesday, January 02, 2008

Under the US Constitution, treaties are the "law of the land" along with other laws, meaning that more recent acts of Congress (and perhaps the States) override treaties, in the same way that Congress can override the DMCA any time it feels like it.

I'd support waterboarding gang members involved in prison race conflict. (The alternative is coopting the race-gangs into prison governance, which is roughly what we are doing now.)

Posted by: Dan tdaxp | Thursday, January 03, 2008

OTOH, the whole "last-in-time" rule is predicated on a dualist conception of municipal and international law that much of the world doesn't hold, and is the subject of continuing debate within the US. The arguments between Justices Alito (dualist) and Beyer (monist), both in public and in rulings like Hamdan v. Rumsfeld, are a fascinating read for anyone into that sort of thing.

Posted by: Dan McIntosh | Thursday, January 03, 2008

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