Tuesday, August 6, 2019
The Wall Street crash was responsible for the depression of the early 1930s Essay Example for Free
The Wall Street crash was responsible for the depression of the early 1930s Essay How far do you agree with the view that the Wall Street crash was responsible for the depression of the early 1930s? The Wall Street Crash was certainly a major factor in the depression of the early 1930s, as said in source 3, setting off a devastating economic collapse. However, it was not the sole reason for the depression but only a segment. The economy was rotten well before the Crash in areas such as agriculture, industry and the banking system which had far more significant consequences. The Wall Street crash was certainly responsible, to a certain degree, for the economic downturn which brought USA to its knees through the 1930s. The frenzy of unregulated speculation which had fuelled the huge stock market bubble, with stock prices far outrunning economic growth, had burst. When panic selling began investor anxious to minimize losses sold as fast as possible. This quickened the fall in share prices. As stock values plummeted with industrial stock falling by 50 per cent between September and November 1929, business confidence evaporated. The lenders, often including large banks, which had been fuelling the boom, called in their money and the market collapsed. When people werent able to repay loans to fragile banks, which lacked sufficient reserves, bankruptcies and bank failures multiplied. However, as the accredited Historian David Reynolds states; In itself the stock market crash of October 1929 was not decisive, in any case only about 1% of the population owned securities in 1929. The importance of the stock market crash was that it showed an economic future which was uncertain. As a result millions of Americans cut back on spending and new debts which caused a massive contraction in the economy as a whole, as Aggregate demand dwindled. It is certainly clear that poor health of American agriculture, which had been suffering through the 1920s and did not share in the boom, had much more responsibility for the economic depression compared to the Stock market crash. In 1929, American farmers annual income stood at an average of $273 a year, well below the national average of $750 and their hard times as well as lack of purchasing power was an important factor. The 1920s had been a period of overproduction which had driven down the price of agricultural produce; this problem was further exacerbated by the huge amounts of imports from countries such as Argentina. As, incomes fell, farmers fell behind with mortgage repayments and loans used to invest in new equipment. This was critical as much of this business had been done with rural banks with limited capital. Which were highly vulnerable to sudden large-scale withdrawals or runs. Due to hardship on the agricultural economy which had a direct impact on the rural banks, almost 5000 collapsed between 1923 and 1930. As stated in source 3, Farmers, badly off to begin with, entered a new era of adversity. Though the adversity of farmers was an important in bringing about the banking crisis, it was only a trigger, there were much more fundamental flaws exposed by the depression. As stated in source 2, at the 1920s there were 30,000 independent banks in existence in the United States which made the banking system fragile to the extreme. Unlike Great Britain, there had not been the consolidation of small banks into a few giants which could withstand an economic storm. Combined with the lack of federal regulation; were no federal deposits insurance system existed, the allowance of banks to make purely speculative loans and hold limited capital for security against shocks was an important element of the depression, and the severity of it. Though the most important reason for the economic depression is linked to the Stock market, agriculture and the banking system; the role of the federal government. It was the failure of the Republican Administrations, who embraced a free-market laisse faire economic model, to effectively control an overheating economy which caused the catastrophic downturn seen in the 1930s. As shown by its failure to regulate the banks efficiently. Also The Federal Reserve Bank kept money tight when it should have encouraged spending to stimulate economic growth. It made it difficult to borrow by maintaining high interest rates. This forced banks to call in loans and sell assets to maintain liquidity, resulting in the price of property and shares to experience renewed falls. As stated in source 1, the United states narrow-minded economic policies of protectionism, looking to secure American industries in the domestic market, limited foreign markets that could be tapped. The best example would be the Hawley smooth tariff act which effectively chocked off international trade. This is supported by source 3, which states, by the summer of 1932 imports and exports had dropped to only a third of 1929 levels. In essence the macroeconomic policies of Hoover, the president, and the republican administration were utter failures in stimulating the components of aggregate demand needed to combat the depression. Through its monetary policy of high interest rates, when low interest rates were need to encourage borrowing and spending; or its fiscal policy of rising taxes to pay for public spending, taking away money from consumers which needed to American goods for there to be growth. In conclusion the Wall Street Crash certainly contributed to the economic depression, but as D. McCoy said, it was more a trigger-one that was a symptom of deeper and more complicated causes. He was referring to crippling state of American agriculture which left millions of Americans in poverty, the fundamental flaws of the banking system which collapsed when economic pressure was applied. However, the most important reason for the depression was the failure of the Republican government. To control an overheating economy, this now was trying to correct itself, with cataclysmic consequences for the economic welfare of the average American.
Monday, August 5, 2019
Relationship Between Motivation And Employee Performance
Relationship Between Motivation And Employee Performance Motivation is the psychological process that gives behavior purpose and direction. and management is corned with the effect be and efficient deployment of resources. Human resource is one of the most important in any organization and company and the role of manager is to be a leader and achieve organization objective by developing a partnership with people. Motivation in work is one of the very variables determining employees performance. we can say that motivation it is hard to give any type of permanent definition about motivation but it is a kind of direction in which employees are ambitious and they can take action and make an effort. Motivation is an power that causes people to behave in a positive way motivation collective with ability result in performance. Motivation is the internal power or a type of energy and it pushes toward the performance of the employees. If desire and ambition are absent, motivation absent too because motivation are much do with desire and ambition. M otivation strengthens always give the way, courage energy and persistence to follow the organization goal. A motivate employee take action and does whatever and whenever it need to achieve their goals EXECUTIVE SUMMRY Motivating staff is a fundamentally important dimension of successful management and a vital aspect of a leaders role. Significant organizational outcomes can be obtained by having staff that are motivated. These include: Increased productivity in the workplace Reduced absenteeism and turnover Increased innovation and creativity Increased employee and customer satisfaction An enhanced company profile Higher quality products or services Improved financial performance Employees want interesting work where they are given responsibility, autonomy, challenges and the opportunity to learn. Good working conditions, job security, and pay are important, appreciation should be shown and regular feedback should be given on an employees performance. Managers holding this view of work and their employees would most likely demonstrate trust in their employees, use explanations and joint problem-solving methods, give staff room to interpret and implement organisational objectives for themselves, act as a facilitator, provide opportunities for growth and job enrichment, allow staff to use their creative abilities and remove restrictions to doing a good job. The job of a manager in the workplace is to get things done through others. A committed and motivated workforce is critical to maximising an organisations full potential. Highly motivated employees frequently seek to work beyond the bounds of their specific work roles and functions in order to not only impro ve themselves, but also to achieve the objectives of the organisation. Motivated employees can be considered vital to organisational survival in our rapidly changing workplaces and work world they help organisations survive because they are more productive At the end we can say that the performance of an organization is dependent on its employees. After all, your employees are the engine of your organization. MOTIVATION THEORIES FOR EMPLOYEES First it is important to understand that what motivate employees and how they were motivated. According to Maslow a employees have five level of need and they are physiological, safety, social, ego, and self actualizing and he argued that lower level need had to be satisfied before the next higher level need would motivate employees. It is important for the organization that they value there employees try to understand there problem and always offer some opportunities for growth and development in short make them part of the organization. To motivate employees are a great important in a organization and it can be done by:- keep to be at work Take pride in there work Work attitude Does not display in their work Customer orientation Display a high level of commitment ROLE OF MOTIVATION IN EMPLOYEES PERFORMANCE Motivated employees are the need of any organization for our changing work place. Motivated employees are more productive so they always help organization to survive in every field. For a effective managers it must to understand what type of motivates employees within the context the perform in role. Motivating employees is most complex for example research suggested that as employees income increase money become less of a motivate also as employees get older exciting work become more of a motivator. PURPOSE OF MOTIVATING EMPLOYEES:- There are some factors which play a important role to motivate employees. Such as employment Security Sympathetic help with individual problem Personal loyalty to employees interesting work Give good working situation Good quality Wages Promotions and growth in the organization. Most of the organization believes to motivate their employees because it influence the employees performance by following way:- 1. Higher Productivity Levels 2. Lower Labour Turnover 3. Lower Absenteeism 4. Improve Quality with lees waster 5. Greater Willingness to accept rather than resist change 6. Greater Willingness to contribute idea and take on responsibility 7. Employees Loyalty 8. Employees Turnover MOTIVATION AND EMPLOYEES PERFORMANCE:- It is seen that a employees performance has an impact on the organizations objective. And it is thus imperative that every employees performance should be managed. This process of performance management includes group assessments and peer reviews. In recent time performance management system have become more essential because managers are under constant pressure to get better progress and performance of their organization by motivate their employee. Despite the motivation performs it is necessary to briefly highlight the barriers that might affect the performance of employee. These barriers may be the result understand competencies, inappropriate performance goals, or lack of feedback about performance. There are some factor which is affective overall employees performance .1.INTERNAL FACTOR:- Those factor which is control and influence by any organization are called internal factor like job description and selection. 2.EXTERNAL FACTOR:-In external factors a organization has little control or no control such as demand for job or grading systems. Corporate Examples of motivation and employees performance:- Geo television use the following tools to motivate its employees and this tools affected the employees performance and it is seen that employees performance become better after this. These tools are such as. Performance base incentives Geo television gives incentives to its employees on its performance. Annual evaluation of the employee performance discussed with the employee. There is and idea box in the reception room available to employees and even visitors. All ideas are implemented and the generator of the idea is rewarded with a prize. The CEO of the company is heading this company himself Annual employees function Success story of the month in each department is mentioned for employees who have gone that extra mile in achieving their objectives. Their stories are discussed; the committee reviews them and selects the best one. The winner of the best success story is rewarded with a dinner for the two prizes. All the employees work in a Comfortable environment because they are free to do their work ,environment is very friendly TOYOTA Motivational Policy of Toyota Company based on Maslows need Hierarchy Herzbergs job Enrichment Theory. Toyota company always try to motivate their employees because they believe that employees are a vital part of the company. A business not be success without the employees good performance .Firstly Toyota always try to understand employees motivation, it is seen that the individual performance has an impact on any organization so it is important that every employees performance should be managed According to Maslows theory: Job Security Good Pay Safe working conditions Satisfy lower level needs Culture of continuous improvement Support growth toward self Actualization The Toyota Company achieve the following approaches on the basis of Herzbergs job Enrichment Theory and by motivate their employees Visual Management HR Policies Addresses Hygiene Factor Continuous Improvement Job Rotation Build Feedback in support motivator Toyota aims to increase its employees motivation and optimize the value of its human resources. The recognize some seminar to motivate their employees Company always try to give their employees a good training Give the year awards Give a new model of Toyota car Toyota always take the attention of employees every day and end of the year they give some gift and his types of motivation always increase the employees work performance Toyota company say that every employee who work under Toyota they are the family part of Toyota Toyota company also arrange health and security for employees.
The Self Reflection Paper English Language Essay
The Self Reflection Paper English Language Essay Since a young boy, I have always listened to my mothers advice or orders. She is the one who taught me at home, commanded me to do things, and especially punished me when I did something wrong, or forgot doing what she had told me to do. When punishing me, she always said, Next time, listen to me carefully. Therefore, to avoid the punishment, I always tried to listen to her attentively and to do what she asked me to do, and that affects my learning style today, in particular one in learning English. As I have recognized, I learn most by carefully listening to the lectures before I start doing things. But that is not the only learning style of mine. Trying to think hard to find the logical reasons is also another way that makes me learn most. In other words, my learning styles are Abstract Conceptualization and Reflective Observation, the combination of which is called Assimilator (Kolb, 1985). However, it depends on subject matters. For some particular learning activities, the most e ffective way to get the knowledge for me is to do and practice them, which Kolb (1985) refers to Active Experimentation. In terms of learning English, I will talk about my experience at Institute of Foreign Languages (IFL). Since the first year, when learning the content-based subjects, such as Introduction to Environment, Introduction to Sociology, Global Studies, and Literature studies, I have always tried to carefully listen to the lectures, and take some notes since they are always been the most effective for me to understand the lessons. In addition, when reading the textbooks, for the exam in particular, I usually do not try to memorize things, but to think critically to figure out the logical reasons or ways to explain them although they are the key terms. Trying to reason something or find ways to explain it always makes me understand the lesson more deeply and remember it longer. Memorization usually does not work with me. Some students may learn most by actually doing or experimenting thing right away, but I am not that kind. I like to study the whole thing, or observe people doing things first before I start doing myself. In learning grammar in Core English, for instance, I like deductive method by starting to study the rules and the usages of the grammar points before doing the exercises. At the same time, I also use inductive method whenever possible to create my own theories to understand or memorize the grammar points. For example, when learning the adjectives order, opinion + size + quality/character + age + shape + color + participles + origin + material + type + purpose (Foley Hall, 2003, p. 219), I try to create my own ways to memorize the order, by taking the initial(s) of each word, and cluster them. It becomes OS QASh CPOM TY. These clusters are those that are familiar with me, and therefore make me remember them easily (though the others may find them even more complicated than the origi nals). However, not all the skills do I learn these ways. For instance, learning to improve the four macro skills listening, reading, speaking, and writing, I have only one key word, practice. The more I practice these skills, the more I learn. To practice the skills, I also try to relate them to my hobby. For example, I like watching cartoons, so I always take this hobby to improve my listening skill. I watch mostly hilarious cartoons dubbed in English, which helps me not only relax but also improve the listening skill subconsciously. I also like reading novels, and short stories in English, especially the detective ones, and that helps me improve my reading skill. For speaking skill, I always try to practice speaking whenever possible. I always take opportunity to speak English to my friends, in particular Luy Vannda (Joe), who always reminds me to use English instead of Khmer when making a conversation. To improve writing skills, I just simply try hard to finish assignment or journals a ssigned by the lecturers. I do not seem to care much about finding other activities to improve this skill, but I always put much effort on writing each pieces. To me, trying to get things done like this helps me improve my writing skill a lot. In short, I called myself assimilator, for I learn most by observing, thinking critically, and forming my own ways of understanding things. I like to synthesize various ideas and observation into an integrated whole before I actually start doing things myself. I try to find logical and precise ways or theories to understand things. If I cannot find one, I am more unlikely to understand the lesson. Nevertheless, I do not apply this learning style to all types of learning skills. For some skills, like the four macro skills, I simply try to practice them as much as possible.
Sunday, August 4, 2019
foolear A Fool for a King in William Shakespeares King Lear Essay
A Fool for a King in King Lear   In Shakespeare's play King Lear, the main character, King Lear, is presented as a respected and powerful king. As the story progresses the king loses his power because of his own stupidity and blindness. The tragedy of this play is shown chiefly through the actions of Lear’s daughters, which lead to Lear’s bout with insanity, and through the words of the Fool. At the beginning of the play, King Lear appears as a powerful and well-loved ruler. He explains his intention to abdicate and divide his kingdom among his three daughters, giving the largest segment to the daughter who convinces him that she loves him most (Boyce 343). Goneril is the first to lie,            Sir, I love you more than word can wield the matter; / Dearer than eyesight, space, and liberty;            Beyond what can be valued, rich or rare; / No less than life, with grace, health, beauty, honor;            As much as child e’er loved, or father found; A love that makes breath poor, and speech unable.            Beyond all manner of so much I love you. (I.i.56-63) Regan is the next to exaggerate her love,                        I am made / Of that same metal as my sister                        And prize me at her worth. In my true heart / I find she names my very deed of love,                        Only she comes too short, that I profess / Myself an enemy to all other joys                        Which the most precious square of sense possesses, / And find I am alone felicitate                        In your dear Highness’ love. (I.i.72-80) Finally, Cordelia speaks only the truth when she says, â€Å" Unhappy that I am, I cannot heave / My heart into my mouth. I l... ...cted and powerful king to that of a regular man who, at times, seems to have no family. This takes him to the brink of despair and, at least, temporary insanity until he is rescued by his friend whom he had banished and his daughter whom he had disinherited. Not only is it a tragedy that Lear and Cordelia die at the end of the play, but also that so much pain and suffering was endured before a Fool enabled Lear to see that he had tragically misjudged the most important people in his life. The people he had rejected were the ones who truly loved him and tried to protect him; the people he treated so well were the ones from whom he needed to be protected. This error in judgment cost him everything.  Works Cited Boyce, Charles. Shakespeare A to Z. New York: Roundtable Press, 1990. Shakespeare, William. King Lear. New York: Washington Square Press, 1957.
Saturday, August 3, 2019
Posttraumatic Stress Disorder in In Country by Bobbi Ann Mason Essay
Posttraumatic Stress Disorder in "In Country" by Bobbi Ann Mason Many Vietnam veterans suffer from posttraumatic stress disorder. Typically, such individuals have flashbacks, dreams, and are constantly haunted by their war memories. The mental stress can lead to further complications, even physically injuring or paralyzing the human body. The book In Country by Bobbi Ann Mason portrays a prime example of such a victim. The difference? The subject is a seventeen-year-old girl in the early nineteen-eighties who never saw the war. Posttraumatic stress disorder affects an estimated 30.9% of male Vietnam veterans and 26.9% of female Vietnam veterans, according to a survey by the National Center for PTSD (National Center for PTSD Online). Of these, most have marital and social problems, high arrest rates, alcoholic dependencies, and in many cases drug addictions. These issues are brought on by the terrors, stress, and moral headaches caused by the acts, such as killing, that they were ordered to commit during their service. While others are only mildly affected and manage to lead semi normal lives, others are rendered useless, unable to hold jobs, start families, or participate as active members of society as they are constantly obsessing, whether consciously or not, about the war. In Mason’s book, there are prime examples of each. Emmett, the thirty something uncle of Sam, the main character, is the second type of victim. After moving back home to Hopewell after the war, he spent a few years causing mischief with his wild hippy friends. Eventually, they left, and with the ruckus, amusement, and gossip caused by their stunts, Emmett’s spirit also died, pushing him into an ever deepening low. He is unab... ...r, Department of Veteran Affairs. Updated 1 Sept. 2003. Accessed 12 April 2004. http://www.ncptsd.org/facts/general/fs_epidemioloical.html?printable=yes Krasteva, Yonka. â€Å"The South and the West in Bobbie Ann Mason’s In Country.†Rev. of In Country by Bobbie Ann Mason. Southern Literary Journal Spring 1994:26:2:77. Mason, Bobbie Ann. In Country. New York: Harper Collins 1985. Morrissey, Thomas J. â€Å"Mason’s In Country.†Rev. of In Country, by Bobbie Ann Mason. Explicator Fall 1991:50:62. O’Brien, Timothy D. â€Å"Oppositions in In Country.†Rev. of In Country by Bobbie Ann Mason. Critique: Winter 2000:47:2:175. Stewart, Matthew C. â€Å"Realism, Verisimilitude, and the Depiction of the Vietnam Veterans in In Country. Rev. of In Country, by Bobbie Ann Mason. Fourteen Landing Zones: Approaches to Vietnam War Literature. Ed. Jason, Philip K. p. 166
Friday, August 2, 2019
Afghan War to Drone Attacks: Legality Under Ihl Essay
Introduction: Since the terrorist attacks of September 11, 2001,And American starting Global War on Terror and attacks on Afghanistan in persuit of AL-QAEDA and TALIBAN as they were alleged to be involved in attacks of 9/11.Pakistan being a neighboring state also got effected by this war and a series of Suicide bombing started due to Pakistan’s alliance with American as frontline strategic partner in this war .Similarly more dangerous area in Pakistan was Tribal Areas along Afghan boarder and many militants escaping from Afghanistan came to these areas and allegedly planed attacks on allies forces fighting in Afghanistan. So Americans expanded this war inside the Pakistani Boarder for attacking militants by Drone Attacks. Drone attacks in Pakistan are one of the most important and controversial aspects of the Bush as well as Obama Administration’s approach to fighting terrorism. The legality of drones has been questioned for a variety of reasons, some more grounded in fact than others, but in spite of these criticisms there is little question that the use of drones in surveillance and combat roles is on the rise international law has had to grapple with the fundamental challenges that large-scale violence carried out by non-State actors poses to the traditional inter-State orientation of international law. Questions related to the â€Å"adequacy†and â€Å"effectiveness†of international humanitarian law, international human rights law and the law related to the use of force have been particularly pronounced†¦ The first reported use of a â€Å"drone†was in 1919, when the inventor of autopilot technology and the gyroscope, Elmer Sperry, sunk a German battleship with a pilotless aircraft. The Vietnam War saw drones used for surveillance purposes. Drones have the advantage of being able to gather valuable intelligence without the inherent risk to human life that a traditional way by a piloted craft would pose. Base for the Use of Drones: Drones base can be found from the speech of American President Bush while he was addressing joint session of American Congress and House of Representstive shortly after 9/11 stating that â€Å"We will direct every resource at our command, every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war, to attack and to the defeat of the global terror network.†The Bush Administration found great value in drone technology and used attack drones against targets in several countries, including Afghanistan, Pakistan and Iraq.Under President Obama, the use of attack drones has notably accelerated. The Taliban, subdued but not defeated, has not become a non-violent political force in the new Afghanistan. Nature of Pak-Afghan Border , Its Effect: .The border between Afghanistan and Pakistan may separate two sovereign States as a matter of law, but the Durand Line rarely functions as such in practice. This is the Pakhtun heartland, a transnational tribal cultural geographical region with large populations of Pashtuns on either side of the border. It is because of this intermingling of culture and allegiance that the area is frequently referred to as â€Å"Pak-Afghan†It is here where Al Qaeda’s then first- and second-in-command, Osama bin Laden and Ayman al-Zawahiri, were generally believed to be hiding until bin Laden was killed in an American raid on May 1, 2011 in Abbottabad, Pakistan. So due to this close relationship between the residence of Pak Afghan boarder people use to come here and there acrose the border .So it becomes necessary for fighting terrorism to take actions on both sides of Pak Afghan border, But it does not mean that the forces acting in Afghanistan have free hand to attack even in the territory of Pakistan whenever and however they want. These attacks have to be in limitations of the rules of IHL. Drones, Importance in Targeting Terrorist: It is undeniable that American drone attacks in northwest Pakistan have had a significant impact in terms of deaths and injuries to civilians and damage to civilian objects. In light of the stated purpose of these attacks, to facilitate the defeat of the Taliban and its Al Qaeda allies, this quantum of harm may or may not be justifiable in terms of ’morality, ethics or policy, but these considerations are not, or are at least not wholly, considerations that determine ’the legal analysis.For example, it is possible to support the use of drone attacks, either in particular situations or entirely, as a matter of morality, ethics or policy, and still conclude that any attack is unlawful. The inverse position is also possible. whether or not drone attacks are legal under international law related to the use of force is not dispositive as to their legality under international humanitarian law. As with the juxtaposition of considerations of morality, ethics and policy, there need not be any correlation between ’the legal analysis under the law related to the use of force and’ the legal analysis under international humanitarian law. As a matter of law, these are completely separate analyses. The legal determination of what constitutes â€Å"the battlefield†has particular significance for the use of drones, particularly armed drones. This is because â€Å"the battlefield†is used to effectively define the scope of IHL’s application. In situations outside the scope of IHL, international human rights law (IHRL) applies. Further IHL allows for lethal force to be employed based upon the status of the target. A member of the enemy’s forces may be targeted with lethal force based purely on his status as a member of those forces. That individual does not have to pose a current threat to friendly forces or civilians at the time of targeting. In contrast, IHRL permits lethal force only after a showing of dangerousness. Under IHRL, lethal force may only be employed if the individual poses an imminent threat to law enforcement officers attempting arrest or to other individuals. Further, IHRL requires that an opportunity to surrender be offered before lethal force is employed. Controversy Regarding Application of IHL on Drone Attacks: Before assessing the lawfulness of each American drone attack in northwest Pakistan under international humanitarian law, it is necessary to first draw the distinction in law between situations of violence and situations of armed conflict and then to understand how international humanitarian law classifies situations of armed conflict. International humanitarian law did not provide a clear definition of armed conflict, despite the fact that international humanitarian law’s application relies upon the existence of an armed conflict.None of the Four Geneva Conventions of1949, nor either of the two 1977 Additional Protocols to the Geneva Conventions define armed conflict, and the consensus view is that the existence of an armed conflict is determined on the basis of the particular facts and circumstances.Major Cause of this ambiguity is long Afghan War and its different phases having different legal scope. Changing Nature Of Afghan Conflict: The armed conflict in the land of Afghanistan is one of the longest conflicts in world history. The nature of the conflict has changed with the course of time. The war with spears, swords, cannons, guns and now the hottest; Drones. Simultaneously, the dynamics of humanitarian law cannot be ignored. The law of war was not that explicit in ancient times like the way they are now. We will assess the conflict status after 9/11 attack. The period since then can be divided into two phase: * 7th October 2001 to 19th June 2002 * June 2002 to present If we discard the armed conflict of Afghanistan post 9/11 then it will be hard to understand the changing trend. On 12th September 2001. A resolution no.1368 has been passed by Security Council which legalized the war (Operation enduring freedom) on terror by US in the land of Afghanistan. The contention from the side of US was right to self defense and collective rights. The intervention of such nature gives rise to following upshots: * The armed opposition on one side and the intervening state/states supporting the other side keeping the nature of the conflict as non-international armed conflict; The discrepancy in the warfare technology is one of the causes behind this. As US is equipped with high tech war machines while on the other hand the armed opposition are far more inferior. This led them to shift hostilities in a different level to cope up with the opponent. Hence, they have started targeting crowded areas among civilians. This finally resulted in a blur to apply the principle of distinction between the combatants and non combatant. In the same manner While there is some disagreement about whether â€Å"combatant status†should be recognized in non-international armed conflicts, that dispute is irrelevant when it comes to questions concerning the status of members of al-Qaeda or other terrorist organizations. Because combatant status is based upon membership in a group that organizationally enforces â€Å"compliance with the rules of international law applicable in armed conflict. Groups such as al-Qaeda, whose means and methods of warfare include deliberately targeting civilians, cannot claim combatant status for their members. It should be emphasized that the behavior of an individual al-Qaeda member cannot confer combatant status. No matter how strictly an individual member of a non-privileged group adheres to IHL or how scrupulously they distinguish between civilian and military targets, they are never entitled to the combatant’s privilege and may therefore be criminally liable for attacks on members of an opposing armed force. Al-Qaeda does not, as some have suggested, have a â€Å"basic right to engage in combat against us†in response to our attacks. If al-Qaeda members are not combatants, then what are they? Like all people, IHL treats them as being presumptively civilians who, as a general rule are immune from targeting. If they are civilians than how American Harold H. Koh, legal adviser to the United States State Department relied on the Art 51 of UN charter for justification of Drones in Pakistani territory. This in term of humanitarian law is known as â€Å"Asymmetric warfare†. On 5th December 2001, an accord was made, known as Bonn Agreement which formed a Transitional administration in Afghanistan. With this emergency Loya Jirga, the one year old international armed conflict terminated but the hostilities continued from the side of the Taliban and Al-Qaeda. This type, this puppet government was striving hard against this opposition. This has taken a new shape of a non international armed conflict. At this point the application of the article 3(common article) of Geneva Convention, 1949 was no more questionable. The gravity of the new form was so grave that even customary International customary humanitarian law cannot be set aside. Where IHL Applies? And Status of Drones In Pakistani Territory: But a question remains over the legality of the US support in afghan war because there are some criteria which are required to be fulfilled to justify the attacks. The criteria are: > The armed opposition should have control over the territories of that country; > They (armed opposition) must have carried out, sustained and concerted military Operations. They must have control over the civilians in certain territory of that state; > The AdPII is not binding on the states who haven’t ratified it; > Even if they (US) ratify, they are not bound because, the AdPII is applicable in the conflict between a state actor and the non sate actor of that country (Article 1(1) of AdPII). On the basis of same arguments as Drones are part of this War on Terror but their targets are in Pakistan are of more grave nature as Allies Armies are not fighting in Pakistan or against Pakistan nor Americans are doing so because they are not in Conflict With Pakistan but in saying They are strategic partner in this War. And importantly like armed conflict, non international Armed conflict also have no definition under International Law which can cover this War on Terror as international or internal armed conflict so it became controversial that either these Drone Attacks are subject to IHL or IHRL due to doubtful nature of this War specially its actions in Pakistani territory, Because IHL only applies in International Armed conflict and requires some qualifications to become a combatant which can be summed up as under: A combatant is: 1) a member of the armed forces of a Party to the conflict (who then has the obligation to distinguish himself/herself from the civilian population); or 2) a member of another armed group (militias, organized resistance movements,†¦) belonging to a Party to the conflict, provided that such group fulfills 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. As Al Qaeda and Taliban does not have character of distinct uniform but have a strong command as known by whole world similarly they have training centers as American alleges that they have safe havens in Pakistan for training but does it mean that if Al Qaeda and Taliban does not folow any law the Allies and American forces should not follow any rule while acting against them? Though Al Qaeda’s suicide attackers also attacks on civilian without any distinct uniform as part of Al Qaeda so the forces could not identify them but it does not mean that the forces can kill any time to any one just in doubt of suicide ? Similarly if the answer to these questions is not in affirmative than whether the right to self defense extends to the territory of other state who have not a party in conflict? as American Attacks are of on such grounds as expressed by Harold H. Koh, legal adviser to the United States State Department, delivered the keynote address to the American Society of International Law on On March 25,2012. Prof Koh argued that drone attacks meet the legal principles set out in the law of war because they fall under the larger doctrine of `self-defense` and stated: â€Å"In an ongoing armed conflict the United States has the right to use Force including lethal force to defend itself including by targeting Persons such as high-level Al Qaeda leaders who are planning attacks†. Harold H. Koh’s stance and its Legal Implications: Koh held that the attacks are legal because they meet the principles of both `distinction` in that they are designed to target specific individuals in response to intelligence and `proportionality`  that is, they do not cause excessive loss of life in relation to the military or strategic goals thatare sought to be achieved by them. In response to the critique that targeted killings are never legal Koh argued that no legal process is required to inform those planning attacks against the United States. But if we consider Mr. Koh’s stance valid than it gives raise to many questions. For example, if the targeting of individuals was considered prima facie valid simply under the basis of self-defense then the war in Gaza (documented in the Goldstone Report) and hostilities against civilians in Sri Lanka, Congo etc would not need to be discussed by the relevant UN bodies? Simply put, if all extra-judicial targeted killings were so easily justified based on the pr- emises of self-defense then any nation could be allowed under the flimsiest of pretexts to encroach on another`s territory to kill individuals they believed were involved in hostile acts against it. As this doubtful nature of these attacks is clear from this part of my assignment . Answer to these questions are necessary before commenting on illegality of Drone Attacks because it will give us clear view that under which law these should be dealt IHL or IHRL? Drones ,A matter of IHL: Though some people think Drone just as a subject of IHRL but its not so simle to say this .Many interpretation of International Law by ICJ, ICTY, ICC ,most Importantly U.S Supreme Court as well as Israelian Court’s comments and Judgement clearly put this War in the ambit of IHL. Transnational Armed Conflict and Drones: But along this another term is of Transnational Armed Conflict which is more relevant to the nature of these attacks because The problem with these definitions of international and non-international armed conflict is that collectively they did not describe all the types of armed conflicts that might exist. It was possible for an armed conflict to satisfy neither of these definitions. The United States’ conflict with al-Qaeda could not be an international armed conflict because al-Qaeda was not a â€Å"High Contracting Party†to the Geneva Conventions. Yet it was also clearly not a non-international armed conflict as defined above because it was not internal to the United States. The existence of this purported â€Å"gap†in IHL’s coverage was felt most immediately by detainees in the conflict between al-Qaeda and the United States. Similarly An illustration of why this distinction between internal civil wars and transnational armed conflicts must be maintained. In a recent lawsuit brought by the ACLU against the Obama Administration. The ACLU attempted to enjoin drone strikes directed against Anwar al-Aulaqi, a prominent member of al-Qaeda in the Arabian Peninsula. Although the ACLU conceded that strikes targeting al-Aulaqi would be governed by IHL if they were conducted in Af- ghanistan, they maintained that such strikes would be occurring â€Å"outside the context of armed conflict†if they were directed against al-Aulaqi in Yemen. Using the reasoning that underlies the strict geographical limitations on the scope of IHL described above, the ACLU argued that the absence of an armed conflict in Yemen foreclosed the application of IHL to anyone in Yemeni territory. Instead, the use of lethal force was governed by IHRL and might only be employed when al-Aulaqi presented a â€Å"concrete, specific, and imminent threat of death or serious physical injury†to others. Because the ACLU conceded that al-Aulaqi was targetable under IHL in Afghanistan, the legal basis for their claim was based upon where al-Aulaqi was rather than upon who he was. Similarly Israel’s Supreme Court put situation under IHL, where a state is fighting against a non state actor, the Israeli Supreme Court was tasked with assessing the lawfulness of Israel’s policy of targeted killings in the West Bank and Gaza. Between the outbreak of the Second Intifada in 2000 and 2005, Israel’s targeted killing policy resulted in the death of nearly 300 suspected terrorists, over 100 civilian deaths and hundreds of injuries. The most famous example of this policy was the 2004 attack on Sheikh Ahmed Yassin, founding member of Hamas, when an Israeli helicopter gunship killed him in Gaza. In discussing whether an armed conflict paradigm applied to Israel’s targeted killing policy, the court boldly stated that â€Å"there is no doubt today that an armed conflict may take place between a state and groups or organizations that are not states, inter alia because of the military abilities and weapons in the possession of such organizations and their willingness to use them.†The court was also clearly influenced by the State Attorney Office’s argument that Israel had suffered proportionately a much greater loss in terms of terrorism victims during the period under review than the United States had on September 11, and that these attacks were in the nature of an â€Å"‘unceasing, continuous and murderous barrage of attacks, which are directed against Israelis wherever they are, without any distinction between soldiers and civilians or between men, women and children.†Thus, Targeted Killings’ main contribution to the discussion lies in its focus on the willing use of violence on a significant scale by an organized group. The Tadic Case: Application of IHL on non state actors in Transnational Conflict: In Tadic’s Case The ICTY acknowledged this â€Å"overlap†understanding of armed conflict in its 1999 Tadic’s judgment when it stated: It is indisputable that an armed conflict is international if it takes place between two or more States. In addition, in case of an internal armed conflict breaking out on the territory of a State, it may become international (or, depending upon the circumstances, be international in character alongside an internal armed conflict) if (i) another State intervenes in that conflict through its troops, or alter- natively if (ii) some of the participants in the internal armed conflict act on behalf of that other State. This concept was further developed it in Boskoski, where it determined that fighting between Macedonian security forces and the Albanian National Liberation Army constituted an armed conflict. The test consists of two prongs: (1) the intensity of the conflict, and (2) the organization of the parties thereto. In addition, the Boskoski court laid out factors relevant to the satisfaction of each prong in a lengthy opinion that sheds light on the highly fact-specific nature of the inquiry, particularly where one of the parties is a non-state actor. Under the Boskoski analysis, fighting between al Qaeda and the United States constitutes an armed conflict, permi-tting the United States to conduct targeted killings of al Qaeda fighters. Similarly U.S Supreme Court in some judgements relating to Afghan war also declared this as an Armed conflict The Federal court on enforcement says that the US government considers itself in war with Afghanistan. The efforts from the executive branch have always been to portray the situation in Afghanistan asan armed conflict. This statement has also been supported by the congress. The standpoint over the detention of the terrorists has been endorsed by US courts also its judgements linked with issues arising from Afghan. Consent of Pakistani Gov’t And Its Effect On Legal Status of Drones: Another argument is most commonly given that all the attacks are with the consent of Pakistani Gov’t but if its so than what is proof ,is there any treaty in this regard? If its only verbal than its existence is doubtful at all .Another main thing which contradict existence of any understanding on these attacks is the statements of Pakistani Officials including P.M , Foreign Minister and many others condemning these attacks publically as well as officially so no Question of Consent remains valid. Specifically It is also worth mentioning in this context that Pakistani Minister of State for Foreign Affairs Hina Rabbani Khar’s condemnation of American drone attacks in northwest Pakistan on March 17, 2011 was phrased in the language of armed conflict: such strikes constitute a matter of serious concern and raise issues regarding respect for human rights and humanitarian law. Irresponsible and unlawf ul conduct cannot be justified on any grounds’. Admittedly, the Minister of State’s statement was not particularly clear in recognizing that the United States was engaged in an armed conflict with the Taliban and its Al Qaeda allies on the Pakistani side of the Durand Line, but it is a legally significant admission that contributes to the case for the existence of an armed conflict in northwest Pakistan , Proceeding from the position that the situation of violence that the United States is engaged in War with the Taliban and its Al Qaeda allies in northwest Pakistan amounts to an armed conflict, international humanitarian law would be the appropriate legal frame of reference for assessing the lawfulness of individual drone attacks in northwest Pakistan. Is Pakistan’s Inability to Trace and Attack Militants Justifies Drone Attacks? Now the next argument is for the justification of these drones is that Pakistan do not have ability to tackle these terrorist so that’s why American are intervening for striking them .Is it not a violation of the rights of a sovereign state to have respect of his territorial area by non-interference by others without due process of law .This view is clearly upheld by ICJ in case of In Democratic Republic of Congo case, the retaliation from the side of Uganda due to the previous intrusion of Congo raised the issue to armed conflict. It was held that Congo’s inability to take any action against the militant does not give any right to Uganda to commit an act of incursion and attack the group themselves. Victims of Drones under IHL: Though the purpose of drone is to counter terrorist but statistics shows that among them there are many civilians, A study at Stanford and New York University titled ‘Living Under Drones’ claimed that only two percent of drone strike casualties in Pakistan are top militants, and that the large number of related civilian deaths turn Pakistanis against the US. The study revealed that number of casualties among Pakistani civilians was far higher than the US acknowledged. The NAF report covers the period between 2004 and February 24, 2010, its date of publication. Particularly striking is that the number of drone attacks that took place during the first fifty-five days of 2010 were, at eighteen, exactly twice the number of drone attacks that took place during the entire four years from 2004 to 2007. Overall, during the almost six years and two months covered by the study, the United States carried out 114 drone attacks, resulting in between 830 and 1,210 total deaths, with between 550 and 850 of the dead being militants. This means that slightly more than 30% of deaths from drone attacks in the study were civilian deaths, with the percentage dropping to slightly less than 25% if one focuses only on 2009, the most active year covered by the study. Basic Principles of IHL and Their Observance In Drone Attacks: As its clear that Drones are subject to follow the IHL. But if we examine their style of attacking and their targets and effectees as mentioned in previous heading we can say that Drones are even violating the fundamental principles of IHL Principal of proportionality and Distinction: Given that the United States has conducted almost 300 drone attacks in northwest Pakistan in recent years and that international humanitarian law would require an exacting and individualized assessment for each of these attacks, space constraints preclude broad and sweeping generalizations about the compliance of each of these attacks under this branch of law. International humanitarian law is extraordinarily fact intensive, and the meaning attached to many of its key principles, in particular the principle of proportionality, is often contested and prone to political manipulation. First, although international humanitarian law recognizes that it is unable to eliminate the scourge of war .and instead endeavours to master it and mitigate its effects, the principle of proportionality does not forbid collateral damage when such damage is outweighed by a particular Attacks concrete and direct military advantage anticipated. Of course, international humanitarian law does prohibit disproportionate attacks. The principle of distinction and the underlying principle of proportionality are the most fundamental principles of humanitarian law. The principle of distinction embodies the concept that the effects of war must be limited to combatants and military objectives as much as is feasible. Civilians and civilian objects should be spared and may not be targeted. However, it is clear that collateral damage as such is not necessarily unlawful under international humanitarian law and that proportionality is a calculus of intangibles that balances military and civilian concerns. Proportionality must be assessed within the context of particular facts and circumstances, and conclusions of law cannot be drawn in abstracto. With this understanding of the international humanitarian law principle of proportionality, one can begin to assess the legal implications of the drone attack that killed Baitullah Mehsud. When Hellfire missiles from an American Predator drone killed Mehsud in South Waziristan, it was reported that he perished along with his wife, his mother- and father-in law, seven bodyguards and a TTP lieutenant. Though in present circumstances, and involvement of international politics its difficult to solve the problems peacefully specially terrorism .But it does not mean this necessity gives free hand to fight war without any rules As there is customary law of war in shape of conventions, and necessity of war is also there subject to rule of Distinction which provides that during war distinction must be kept in mind between military targets and civilian objects .So attacks on Masajid,Madaris Houses as well as on wedding ceremonies are illegal under the rule of Distinction. IHL does not declares war as illegal but accepts the military necessity and regulate the use of force by providing that only military object should be targets even though some civilians also get effect from it. But should be minute, this lose in language of IHL is known as collateral damagebut the rule of customary law applies on all states regardless of their ratification by that state. In short if we examine the causalities of Drone Attacks a huge number of Civil Victims are there. Similarly many attacks have destroyed houses Masajid and Madaris which is against the rules of IHL dealing with lawful targets. As the General Rule is that the benefit of doubt will go to the accused ,the same principle is adopted in IHL prohibiting attacks on such targets about which you are having a doubt that it have some civilian nature.Though its difficult to draw line distinction .r Proportionality but maximum care must be taken.But in Drones it was also not observed. Even against enemies only such amount of force or wapon can be used which only compels him to accept defeat ,and the purpose of war is to overtake opponent and not its extermination. Conclusion: Drone Attacks along Pak-Afghan Border inside the territory of Pakistan are important in a way that they developed some new concepts in International Law ,especially in IHL. If we see from the perspective of Americans and their Ally’s view it seems that The drone campaign raises fundamental questions of the acceptability of violence as a form of conflict resolution. Further the confusing nature of Afghan Issue also stops the way to argue from one legal angle to discuss validity of drones. A question can be raised that Drones are being used in Pakistan than why a detailed discussion on Afghan War given? But in reality World has become a global village so no one can be assessed in isolation specially Pak-Afghan area ,having strong ties in all dimensions of Life International Relations. As here Drones were discussed under IHL but if there is some doubt about the application of IHL than necessarily IHRL will apply and assessment under UDHR also invalidates the application of Drones violating fundamental rights like Right to Fair Trail, Representation by Counsel, Right to Life and Freedom Of Movement, etc .But it’s a separate detailed discussion. Even with full opposition by International Community having knowledge of IHL continuous and non stop use of Drones is showing Practical Example of â€Å"Might Is Right†. BIBLIOGRAPHY * Ahmad, Muhammad Mushtaq. Jihad,Mazahmat Aur Baghawat:Islami Shari’at Aur Bain al Aqwami Qanun Ki Roshni Men†,Gujranwala:Al-Shari’ah Accademy,2008 * Gabor,Rona.†Interesting Times for International Humanitarian Law: Challenges from the â€Å"War on Terror††, The Fletcher Forum Of World Affairs,27(2007) * Barindge,Robert.†A Qualified Defense Of Drone Attacks In Northwest Pakistan Under International Humanitarian Law†Boston University International Law Review.30(2012) * Evans,Malcolm D.International Law.Oxford:Oxford University Press,2003. * Starke,J.G. Introduction to International Law.Kent:Butterworth Law Publishers Limited,1994. * â€Å"Mapping US Drone and Islamic Militant Attacks in Pakistan†, BBC NEWS (July 22, 2010) * Lewis,Michel. †.Drones and the Boundaries of the Battlefield†Texas International Law Journal.47(2012) * Basak, Chiradeep.†Legality Over Drone Attacks From The Facet Of IHL†(2012) ava ilable at ssrn.com/abstract2139001. * North Atlantic Treaty * Zakaria,Rafia.†Are drone attacks legal?†DAWN NEWS. * Solomon,Erika & Mohammed Ghobari, CIA Drone Kills U.S.-born Al Qaeda Cleric in Yemen, REUTERS(sep 2011) * Michael W. Lewis and Ben Wizner, Predator Drones and Targeted. Killings, FEDERALIST SOCIETY (Jan. 27, 2011) * Prosecutor v. Tadi ´c, Case No. IT-94-1-A, Appeals Chamber, 84 (Int’l Crim. Trib. for the Former Yugoslavia July 15, 1999) * Prosecutor v. Boskoski, Case No. IT-04-82-T, Judgment, at 78– 93 (Int’l Crim.Trib. for the Former Yugoslavia July 10,2008. * Hamdan v. Rumsfeld 584 U.S.557 (2006) * Boumedine v. Bush 553 U.S.723 (2008) * â€Å"Minister of State for Foreign Affairs Joins in the Condemnation†DAWN(18,March,2011) * Democratic Republic of Congo v. Uganda 2005 ICJ * †The Year of the Drone: An Analysis of U.S. Drone Strikes in Pakistan†2004-2012†. NEW AMERICAN FOUNDATION. * â€Å"Mapping US Drone and Islamic Militant Attacks in Pakistan†, BBC NEWS (July 22, 2010) * ICRC, PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I), 8 JUNE 1977 * Hague Conventions and Protocols * St Petersberg Declaration WEBLIOGRAPHY * http://www.bbc.co.uk * http://counterterrorism.newamerica.net * http://counterterrorism.newamerica.net/ * http://www.thebureauinvestigates.com * http://rt.com/news/pakistan-drones-study-civilians-933/ * http://www.dawn.com * http://www.fed-soc.org * http://www.reuters.com * http://archives.dawn.com
Thursday, August 1, 2019
Confirmation Bias Essay
Confirmation bias can influence perceptions is about not only what has already occurred but also our predictions of what yet occur. Confirmation bias can generate their own confirmations, some of these perceptions and predictions (Myers, 2012, p. 72). The phenomenon of confirmation bias starts with overconfidence, which can originate in a lack of knowledge regarding a topic or task. It I was to ask someone that is overconfident if they were good at some task or operation in which they no experience or expertise, they would answer with a resounding affirmation that they would be good at any task they do. However, this overconfidence may only be born of an ignorance of what the task or operation really requires to be performed successfully. Sometimes it is our memories that lead us astray into a false confidence. Remembering times when we were â€Å"almost†right perhaps (Myers, 2012, p. 75). We can often remember what we want to remember rather than what actually occurred. We often hear what we wanted to hear. Sometimes we even tell ourselves there were reasons for some of our less conscious actions. Intellectual deceit is a phenomenon that fortifies and cultivates the occurrence of confirmation bias. Myers (2012) states â€Å"The â€Å"intellectual conceit†evident in judgments of past knowledge (â€Å"I knew it all along†) extends to estimates of current knowledge and predictions of future behavior. We know we’ve messed up in the past. But we have more positive expectations for our future performance in meeting deadlines, managing relationships, following an exercise routine, and so forth (p. 72). Another statement by Myers (2012) is â€Å"The construction of positive memories brightens our recollections†(p. 77). I believe this tendency helps us not only to develop enough intellectual deceit to become overconfident which leads to bias, but also this inherent psychosocial, psychological trait or habit causes us to recall our previous thoughts, intentions, and actions in such a way that sheds favorable enough light on them for us to then perceive if not generate some sort of confirmation of our bias.
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