Background

Definitions

Systematic Violence
We define systematic violence as all human rights violations carried out purposefully and regularly by governments, state sanctioned groups, or individuals acting on the orders of political, religious, and/or ethnic groups against fellow human beings. Examples of systematic violence include crimes against humanity, persecution, disappearances, unlawful detentions, and ill treatment. Systematic violence thus affects well-defined groups, whole communities, and entire nations—some to the point of near extinction (1-7).

Victims of systematic violence can fall within several categories depending primarily on their place of relocation: refugees, asylum seekers/asylees, internally displaced people (IDP), disappeared people, and returnees. People who have endured physical, mental, and/or sexual torture fall under the category of survivors of torture (1-7).

References:
1. Annas GJ and Grodin MA. The Nazi Doctors and the Nuremberg Code – Human Rights and Human Experimentation. Oxford University Press, New York, NY, 1992.

2. Convention on the Prevention and Punishment of the Crime of Genocide. Center for the Study of Human Rights, Columbia University. Twenty-Five Human Rights Documents. New York: Columbia University; 1994.

3. United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, Geneva, 2-25 July 1951.
Available at: http://www.unhcr.ch/cgi-bin/texis/vtx/home

4. United Nations High Commissioner for Refugees. The State of the World’s Refugees 1997 - 1998 – A Humanitarian Agenda. Oxford University Press, 1998.

5. United Nations. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984.
Available at: http://www.unhchr.ch/html/menu3/b/h_cat39.htm

6. World Medical Association Declaration Guidelines for Medical Doctors Concerning Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment (Declaration of Tokyo). Adopted by the 29th World Medical Assembly Tokyo, Japan October 1975. Available at: http://www.wma.net/e/policy/b3.htm

7. United Nations. Declaration on Territorial Asylum. Adopted by General Assembly resolution 2312 (XXII) of 14 December 1967.
Available at: http://www.unhchr.ch/html/menu3/b/o_asylum.htm

Crimes Against Humanity
According to Law No. 10 of the International Military Tribunal—the Nuremberg Trials' crimes against humanity are defined as "atrocities and offenses including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecution on political, racial, or religious grounds, whether or not in violation of the domestic laws of the country where perpetrated (1-2)."

Other related definitions
1. "Crimes Against Peace: Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to planning, preparation, initiation, or waging a war of aggression, or a war of violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing (1)."
2. "War Crimes: Atrocities or offenses against persons or property constituting violations of the laws or customs of war, including but not limited to, murder, ill treatment or deportation to slave labor or for any other purpose, of civilian population from occupied territory, murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity (1)."

References:
1. Annas GJ and Grodin MA. The Nazi Doctors and the Nuremberg Code – Human Rights and Human Experimentation. Oxford University Press, New York, NY, 1992. p 318.

2. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity. Adopted and opened for signature, ratification and accession by General Assembly resolution 2391 (XXIII) of 26 November 1968. Available at: http://www.unhchr.ch/html/menu3/b/p_limit.htm

Link:
United States Holocaust Memorial Museum. Available at: http://www.ushmm.org

Torture
Throughout history, torture has denoted cruel punishment carried out by someone in a position of power: authorities or their representatives (1). However, torture does not have a universal definition because several factors, particularly cultural factors, modify what societies perceive as acceptable punishment or cruel and inhuman treatment. For instance, whipping with a bamboo cane is socially accepted in some countries of South East Asia, while in Western countries is considered torture. Common to most definitions of torture are three elements: intentionality, a power-defenseless relationship, and infliction of pain or suffering (2).

According to the Convention Against Torture and Cruel, Inhuman or Degrading Treatment or Punishment, "torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions (3)."

The World Medical Association Declaration of Tokyo defines "torture as the deliberate, systematic, or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority to force another person to yield information, to make a confession, or for any other reason (4)."

References:
1. Basoglu, M. Introduction. In: Basoglu, M (Ed). Torture and Its Consequences - Current Treatment Approaches. Introduction. Cambridge University Press. Cambridge, UK, 1992. p.1 - 8.

2. Rasmussen OV. Medical Aspects of Torture. Dan Med Bull 1990;37(Supp. 1): 1 - 88.

3. United Nations. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984. Available at: http://www.unhchr.ch/html/menu3/b/h_cat39.htm

4. World Medical Association Declaration Guidelines for Medical Doctors Concerning Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment (Declaration of Tokyo). Adopted by the 29th World Medical Assembly Tokyo, Japan October 1975. Available at: http://www.wma.net/e/policy/b3.htm

Links:
World Medical Association. Available at: http://www.wma.net/e/

World Medical Association Recommendations Guiding Physicians in Biomedical Research Involving Human Subjects. Adopted by the 18th World Medical Assembly, Helsinki, Finland, June 1964. Available at: http://www.wma.net/e/policy/b3.htm

United Nations High Commissioner for Human Rights. Available at: http://www.ohchr.org/english/

Genocide
"Genocide means any of the following acts committed with the intend to destroy in whole or in part national, ethnic, racial, or religious groups, thus (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) inflicting on the group conditions of life calculated to bring about its physical destruction; (d) imposing measures intended to prevent births within the group; or (e) forcibly transferring children of the group to another group (1)."

References:
1. Convention on the Prevention and Punishment of the Crime of Genocide. Approved and proposed for signature and ratification or accession by General Assembly resolution 260 A (III) of 9 December 1948.
Available at: http://www.unhchr.ch/html/menu3/b/p_genoci.htm

Link:
United Nations High Commissioner for Human Rights. Available at: http://www.ohchr.org/english/

Refugees
"The term refugee shall apply to any person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, or membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country (1)."

Reference:
1. United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, Geneva, 2-25 July 1951. Available at: http://www.unhcr.ch/cgi-bin/texis/vtx/home

Link:
United Nations High Commissioner for Refugees. Available at: http://www.unhcr.ch/cgi-bin/texis/vtx/home

Asylum Seekers/Asylees
The definition of asylum seeker may vary from country to country, depending on the laws of each country. However, in most countries, the terms asylum seeker/asylee and refugee differ only in the place where an individual asks for protection. An asylum seeker/asylee makes this request after arriving in the host country, while a refugee asks for and is granted protected status outside of the host country (1-3).

In the United States, another difference between asylum seekers and refugees exist. Asylum seekers can be detained by the immigration service and are not entitled to receive public benefits or a work permit until asylum is granted. Refugees, however, have all previous entitlements plus the right to apply for permanent residence and citizenship sometime after arriving in the country (3).

References:
1. United States Department of Justice. Immigration and Naturalization Service.
Available at: http://uscis.gov/graphics/index.htm
2. United Nations. Declaration on Territorial Asylum. Adopted by General Assembly resolution 2312 (XXII) of 14 December 1967.
Available at: http://www.unhchr.ch/html/menu3/b/o_asylum.htm
3. Physicians for Human Rights. Medical Testimony on Victims of Torture: A Physician’s Guide to Political Asylum Cases. Boston, 1991.

Internally Displaced People (IDP)
Although the term IDP does not have a formal definition, the UN High Commissioner for Refugees has suggested that it should denote "those persons who, as a result of persecution, armed conflict or violence, have been forced to abandon their homes and leave their usual place of residence, and who remain within the borders of their country (1)."

Reference:
1. United Nations High Commissioner for Refugees. The State of the World’s Refugees 1997 - 1998 – A Humanitarian Agenda. Oxford University Press, 1998. p99.

Link:
United Nations High Commissioner for Refugees. Available at: http://www.unhcr.ch/cgi-bin/texis/vtx/home

Disappeared Persons
The UN Working Group on Enforced or Involuntary Disappearances defines the term disappeared person as an individual who "is arrested, detained, abducted or otherwise deprived of his or her liberty by officials of different branches or levels of government, or by organized groups or private individuals acting on their behalf, or with the direct or indirect support, consent or acquiescence of the government. A refusal to disclose the fate or whereabouts of the person concerned, or a refusal to acknowledge the deprivation of his or her liberty would follow, thereby placing that person outside the protection of the law (1)."

Reference:
1. United Nations Working Group on Enforced or Involuntary Disappearances. Press Release HR/4411, New York, NY, May 13, 1999. Available at: http://www.un.org/News/Press/docs/1999/19990513.HR4411.html

Returnees
Returnees are refugees, asylum seekers/asylees, and IDP who are able to return to their places of residence. Only a small percentage of refugees, asylum seekers/recipients, and IDP gain returnee status, and if they do, it happens several years after their departure (1).

Reference:
1. United Nations High Commissioner for Refugees. UNHCR by Numbers.

Link:
United Nations High Commissioner for Refugees. Available at: http://www.unhcr.ch/cgi-bin/texis/vtx/home