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Notes on Ex-Yu Justice, Part II

10 Jul

Following Part I, and in advance of Part III.


The court is political  

The smartass response goes something likes this: “Of course it’s political; what’s not political? Haven’t you read the ICTY’s website? It says clearly that the tribunal was established for explicitly political reasons, too, by the UNSC, which is political by definition.” But the smartass response is a rude interruption. The above assertive prefaces monologue, not dialogue. The monologue is a story about world politics as a dog-eat-dog contest in which the strong always devour the weak with a focus on the origins of the ICTY. “Of course an international judicial institution cannot be created on the basis of an UNSC resolution alone. Of course Chapter VII of the UN Charter does not specify the conditions under which war crimes tribunals can be set up. Of course the ICTY quickly discovered that it could not bother with the question of own legality. But when have great powers ever cared about law and institutions? Might makes right, right? The ICTY is based on the consent of states – big states, not our banana republics.”

This story varies in terms of breadth and depth, but its modal conclusion is that the tribunal cannot represent anything but “victor’s justice” and/or Western and specifically American oppression of those living on the periphery. As for the motive, the supposedly aggressive prosecution of Bosno-Serbo-Croat baddies practiced by the ICTY is a function of the desire for retribution for every case of ex-Yu insolence in recent history, starting with the Trieste crisis of 1945. As discipline and punishment at once, trials are also meant to serve as a warning to the rest of the peripheral and semi-peripheral world. This type of theorizing could be described as a cross between pop-realism and pop-Marxism with a whiff of the crudest forms of pop-anti-Americanism and some other, far less respectable prejudices. While it is not exactly a closed loop, for every new newstory indexing Western and specifically American double standards and double visions in international law, the theory gains strength. Who in the former Yugoslavia doesn’t have an informed opinion on the “Hague Invasion Act”?

imgfrontisThe two accounts of the origins of the ICTY that I have on my shelf make something of an opposite case. Pierre Hazan’s book, subtitled ‘The True Story Behind the ICTY’, suggests that the weak (international justice activists) outfoxed the strong (realist diplomats and state-centric lawyers) and, against all odds, managed to turn the tribunal into such a revolutionary achievement (more on this below). Hazan is no theorist of norms and transnational advocacy networks, but there are more than a few parallels with this literature. The second account is Rachel Kerr’s 2004 book, which begins and ends with the thorny issue of “politicization,” including the issue of “prosecutorial discretion” as its special subset. Kerr has the ICTY walking on a tightrope. Sidle up too closely to justice, and you alienate those who rule the world; let politics in, even to manipulate it for judicial ends, and you lose credibility. While infinitely more nuanced than Hazan’s, Kerr’s framework for analyzing politics (it, too, chimes with 1990s IR theory, namely the “bringing international law back in” literature) follows the same binary – let me personify it a little as a contest between “realists” versus “legalists” – and it reaches the same conclusion. And judging by both the quotidian operation of the court as well as its key decisions up to 2002-3, Kerr finds, “legalists” had the upper hand.

Antonio CasseseI am not sure what stock-taking exercises based on the realist vs. legalist framework look like today (again, this post is my attempt to reconnect with the literature I stopped following years ago), but what struck me in my conversations is how adamant my interlocutors were in rejecting even the most carefully drawn legalist claims. It’s simple, the typical response goes, the ICTY is subject to constant political pressures and it shouldn’t be surprising to see so much judicial malpractice. Lest one is keen to dismiss this as “typical” ex-communist (and transitionalist) disdain for the notion that law serves to ensure that valuable social goods are distributed in ways that protect equal respect for everyone, note that some of the most critical arguments about the “hopelessly political court” are drawn from the texts left behind by bona fide ICTY insiders like (he of  those great international law textbooks), Gabrielle Kirk McDonald, Louise Arbour, Graham Blewitt, Carla Del Ponte, Serge Brammerz, and Florence Hartmann (more below). Anyone can cherry-pick a few memorable lines from a few memoirs and journalistic accounts (Hartmann, if I recall correctly: “the ICTY was formed so that war criminals could negotiate on the level of their innocence”), but what I find interesting is that these types of arguments have gained more and more adherents over the years.

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Addressing Wartime Sexual Violence at the United Nations Security Council

25 Jun
A mural at UN HQ by José Vela Zanetti, via Robin Stevens.

Detail from a José Vela Zanetti mural at the United Nations, New York (original image via Robin Stevens)

Yesterday, the United Nations Security Council met to vote on a new resolution on wartime sexual violence (under the more general rubric of ‘women, peace and security’). Resolution 2106, as it now is, was passed unanimously, and so joins those other numerical signifiers in the chain of gender mainstreaming: 1325, 1820, 1888 and 1960. The session had been convened by William Hague (the UK holds the Security Council chair for June), and the presence of Angelina Jolie (or ‘Angelina Jolly’, as more than one state representative called her) brought obvious publicity advantages, although that in itself is not so surprising both given her close work with Hague on the UK’s Preventing Sexual Violence Initiative and her role as Special Envoy for the UN High Commission for Refugees.

UNSCR 2106 seems designed mainly as a political symbol that the Council “remains actively seized” of the importance of conflict-related sexual violence, and essentially extends a number of themes already in play (there’s a whole bunch of urges, calls for, recognizes, requests in the text). It seeks the expanded use of targeted sanctions against perpetrators and commanders involved in sexual violence and reiterates the connection of that thing called ‘gender’ to DDR, security sector and justice reforms. It repeats the ‘zero tolerance policy’ on sexual violence and abuse by UN forces, requests further reports on progress to the Council, and so on. There were some other points of note, partly in the mention of men and boys as victims, and partly in some puzzling recessive points such as the Resolution’s demand (its word) that women and children abducted into armed forces be released (given that they are especially vulnerable), with no concomitant mention of kidnapped men.

The resolution also called for sexual and gender-based violence training for all pre-deployment and ‘in-mission’ peacekeeper training, and it is here that perhaps the biggest substantive contribution lies. Numerous references were made in the debate to an expanded role for Women Protection Advisers. Like the discussion of targeted sanctions (mentioned first in UNSCR 1820) this is not brand new, since Women Protection Advisers were themselves an innovation of 1888, which upgraded them from existing gender and human rights advisers. The exact nature of the new role is as yet unclear, but it seems to involve an expansion of their mandate to apply to all UN deployments, since they are currently active in just eight peacekeeping missions (which is just over half).

A few other quick observations on the text and the debate.  Continue reading

Ten Reasons Not To Write Your Master’s Dissertation on Sexual Violence in War

4 Jun

Marsha Henry

A guest post, following on from some previous reflections on gender and teaching and the politics of pedagogy, from Marsha Henry. Marsha is Lecturer in Gender, Development and Globalisation at the LSE Gender Institute, where she teaches, amongst other things, a course on gender and militarism. Her most recent research is into sexual exploitation in peacekeeping missions and peacekeeper labour hierarchies, and she is also, with Paul Higate, author of Insecure Spaces: Peacekeeping, Power and Performance in Haiti, Kosovo and Liberia (Zed, 2009). With Pablo, she recently co-edited a special issue of International Feminist Journal of Politics on ‘Rethinking Masculinity and Practices of Violence’. This post is based on a presentation given in San Francisco at the International Studies Association in April 2013.


It’s the first day of Lent term and the students are nervously gathered in a small stuffy classroom.  When I walk in and head towards the front of the room, the group falls silent. I introduce myself and we start a round of introductions and I ask students to speak briefly about their interest in the course. The first student tells me, and the class, that she’s in IR (International Relations), and is keen to take the course because she’s interested in studying sexual violence in war.  Another student turns to her, incredulous because she too is interested in that exact subject, and that furthermore she has worked for 3 months in the Democratic Republic of Congo (DRC) and has ‘seen a lot’. A few more students echo similar interests and I’m trying hard not to stereotype these students. But it’s difficult. A mythical figure is beginning to crystallise in my head and I can’t stop it. This figure is young, female and possibly middle-class, sometimes Scandinavian. She’s studying IR, Human Rights or Gender Studies. A few male students also indicate an interest. Some indicate interest in other topics, but there is a numbers problem from the outset. I feel uncomfortable as this is the third year that I’ve taught this course, each time allotting only one lecture week to the subject of sexual violence in war, and subsuming it under the larger heading of ‘gender, sexualised violence and work in militarised contexts’. Each year students have asked for more time to be devoted to the subject, for the lecture week to be moved up, and for their to be less focus on diversity in the armed forces. When students come to me during office hours to discuss the scope of their dissertations on the subject I fidget. After a few conversations with colleagues, I decide I need to start compiling a list – of compelling reasons why students should not write on the subject of sexual violence in war. But what would I do with this list? Can it be shared? And what of my responsibility not to teach on the subject?

10: Writing About ‘It’ Narrows The Political Focus

As a committed feminist, I’m all for drawing significant attention to the ways in which women experience conflict in distinctive ways. But the concentration of interest on sexual violence in wartime often leads to a neglect of the ways in which women experience violence (labelled as sexual or not) in peacetime. This noticeable singular focus on the topic also narrows the possibility of dislodging categories and subject positions. It is often assumed in class conversations, essays and subsequently dissertations that women are the victims and men are the perpetrators of this form of violence. This assumption appears in written work in a way that both masks the possibility of other positionings within the perpetrator-victim continuum, as well as the structurally embedded way in which sexualised violence occurs and is experienced by individuals and communities. This failure to explain the pervasiveness of sexualised violence against women tends to reinforce the binaries and provides a rather fixed aperture for analysing sexual violence in war and its consequences.

9: Researching The Topic Inspires Voyeurism

I’m squirming in my seat as one of the students smiles widely while she explains her interest in working on the topic of sexual violence as a weapon of war. She could be nervous explaining herself in front of her peers and her professor. She could be feeling awkward about the subject matter. She could be conforming to gendered expectations of women in the classroom where female students who express themselves confidently or through feminist rhetoric are categorised as aggressive. If feminist critique is pleasurable, how do we ‘do’ our analysis of sexual violence in wartime, paying attention to experience, trauma, and moral responsibility? There is a tendency, in making visible the ‘horror’ of it all, that students sensationalise the subject by focussing on the minutiae, the details and the thick descriptions. Honing in on the bodily experience of rape, for example, can remove rape in war from the wider social, cultural, economic and political context in which it always takes place. It can be an abstraction of the total experience. The affective impact is that readers of these dissertations distance themselves from subjects in the studies. Those who are victims and/or survivors and end up consciously or unconsciously performing what Donna Haraway referred to as a god-trick.

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Symptoms Worse Than Death

31 Dec

The “daughter of India” died in a hospital in Singapore yesterday, causing shockwaves around the globe and placing India on the verge of a violent implosion. Whilst rape had become a matter that women were told that they had to contend with in their everyday lives, that they must make it safer for themselves by not being alone after dark, by not dressing provocatively, and by not drinking or acting in a manner that is ‘lewd’ and ‘unladylike’, especially in North India, something about this case has led to a national uprising of unprecedented proportions. People have taken to the streets, New Year eves’ parties have turned into mass commemoration events, and the Internet is positively ablaze with news, blogs, and posts about this nameless woman whose impact on Indian politics today cannot be exaggerated.

India has had the distinction of being labelled the worst country in the world for women and Delhi is often called India’s ‘rape capital’, so perhaps it is not surprising that a 23-year old woman was gang-raped on a bus by six men on the way home after watching The Life of Pi with her boyfriend. It is perhaps also not surprising that the rape was brutal, that a metal rod was shoved into her vagina, that the men took turns at “having a go” and finally got rid of both her and her male friend by throwing them out of the window of the moving bus. What is surprising, however, is the reaction. Why has an event that may even be classified as mundane garnered so much attention and prominence?

Many on the so-called Left in India have proclaimed that the case has been given such importance only because the woman was (ostensibly) middle-class and it is always a shock when it happens to “us”, not least when it happens in a manner this horrific. Most of the mobilized youth claim that this was the last straw in what has been a devastatingly protracted chain of brutalities against women. The cynics argue that reactions such as these are tokenistic gesture that will change nothing but help those protesting come together in a moment of collective catharsis, share in a feeling of shame and sorrow not unlike that experienced when Pakistan defeats India in a cricket match. For me, the answer to the question posed above is ultimately immaterial. Yes, the woman was not a Dalit or Adivasi, and crimes against the poor in India vastly exceed those against the rich. And yes, the injustices perpetrated against the rich, powerful or established have historically been at the forefront of media reporting and government agendas, as was most blatantly obvious in the case of the Mumbai attacks in 2008. And indeed, it is unlikely that there will be any overwhelming change in either attitudes or policy towards women in the immediate aftermath of this insurrection.

In light of this, should we just lull ourselves into a state of callous complacency and churn out platitudes about the state of our society? Those who want to are welcome to squander away both hope and perspective. For those who recognise that the path to any significant change is thorny but may yet render itself navigable, some acknowledgement of the conditions that have made gender-based violence possible and continue to make it possible, even run-of-the-mill, is in order. An awareness of how we ourselves, albeit unwittingly, reproduce these conditions and help engender systemic violence that is both symbolic and ‘real’ is also urgently needed. We must be cognisant of the fact that India is a deeply conservative society and the ‘opening-up’ of the economy since 1991 has witnessed a patriarchal backlash in the face of rising inequity, the collapse of the extended family and the disappearance of any social welfare. Those who have placed the blame singularly on “Indian men” and our “backward culture” – and who think revenge in the form of capital punishment and castration is the only solution – fail to take into account how deeply embedded they are in this patriarchal order and how readily they are partaking of a discourse that is both misogynistic and short-sighted.

The calls for castration are symptomatic of an acutely phallocentric order – where a man’s ‘masculinity’ is considered his greatest pride, and the source of this masculinity is none other than his reproductive organs. Similarly, the widespread proclamation that “rape is a crime worse than murder” and must be punished accordingly has a patently sinister side to it. Is a woman (or man for that matter) who has been raped not entitled to a life? Is she “worse than murdered”? Is it the “defilement”, the snatching away the “honour” and “purity” of a woman that so bothers us? It is worth remembering that the woman who died yesterday, who the Indian government in yet another meaningless and flippant gesture has called a “martyr” and “Delhi’s braveheart”, desperately wanted to live. She had been “violated” by six men in an ordeal that lasted over an hour, was on life-support, but not, in her own opinion, worse than dead. She was only (worse than) dead after she died.

The protests in Delhi and around India contain within themselves a latent emancipatory potential. But in order for this to amount to anything, even something as pedestrian as allowing women to negotiate public spaces in Delhi without constant threat of harassment, we must think about how our subjectivity as women, men, and citizens is (re)produced. This is the only way we can build up some resistance to the “common-sense” we are invariably brought up with. We need to start problematising the taken for granted assumptions that our heteronormative order inflicts upon us everyday, most importantly the implicit belief that women are “less equal” than men. The contours and manifestations of this tacit hierarchy may be different in the West from those in the global South, but the substance remains largely the same. As always, the words of anthropologist Barbara Diane Miller resonate deeply: “We must not forget that human gender hierarchies are one of the most persistent, pervasive and pernicious forms of inequality”. Change will not come easy.

Dr Kirby, I Presume?

12 Dec

*drum roll, bugles, parades, silly hats*

In spite of his generous blogging output, our own Pablo K has also conspired to write, and now successfully defend, a doctoral thesis on Rethinking War/Rape: Feminism, Critical Explanation and the Study of Wartime Sexual Violence, with Special Reference to the Eastern Democratic of Congo. Interrogators-in-chief were Maria Stern and Mark Hoffman. Congratulations, Dr Kirby. We’d tell you to write about it, but we probably don’t need to.

phd072011s

Fratriarchy, Homoeroticism and Military Culture

1 Nov

The ever-excellent Sociological Images offers up this 1940s advert, and others like it, as an example of how images previously taken to be innocent consumer bait for stereotypical homemakers now appear to us as dripping with homoeroticism. They may have added too that this half-ironic, half-nostalgic distance is what endears us to such images, which we then enjoy as vintage objects, for all that we know about the true historical context in which they were produced.

One common idea, which relates nicely to military bathing aesthetics (cannon towels? really?) is that many bonding behaviours in nominally heterosexual, male-dominated groups are in fact homosexual, but in a disavowed or repressed way. The scrum, the shared shower, the bunk-beds, the exclusion of women not only from the fields of play and war, but also from the various celebrations and carnivals that follow, all seem to indicate a desire for intimacy that cannot be named as such.

In the excellent Bring Me Men (which deserves its own dedicated review), Aaron Belkin identifies a more complex relation. In becoming military men, there is a need not only to disavow femininity, but also to become intimate with the ‘unmasculine’ and the ‘queer’. Rather than identifying a direct alignment of the masculine with the military, or seeing gender norms as accidental in their intersection with the military, there is instead a constitutive tension between the masculine and the unmasculine (or, we might say, between the strongly heteronormative and the homosexual). Basic training relies on a traumatic ambiguity, continually casting initiates as by turns masculine and unmasculine, so that no soldier can ever be sure that they were sufficiently on the ‘right side’ of the line. As one Marine put it: “The opposite of feminine? No. To me, what is masculine? I don’t know. [pause] And I’ve worked so hard at being it”. The continual ambiguity – what Belkin calls discipline as collapse – interacts with surveillance and punishment to produce the soldier-subject.

More brutally: Continue reading

The Cursory Pedant: War Rape, the Human Security Report and the Calculation of Violence

24 Oct

“Cursory and pedantic”. So says IntLawGrrls’ Fionnuala Ní Aoláin of the just released Human Security Report 2012 (hereafter HSR). You may recall the team behind the HSR from their last intervention, which upset the applecart over the estimate of 5.4 million excess deaths in Congo (DRC) since 1998 and which also claimed a six decade decline in global organised violence. The target this time round is a series of putative myths about wartime sexual violence (those myths being: that extreme sexual violence is the norm in conflict; that sexual violence in conflict is increasing; that strategic rape is the most common – and growing – form of sexual violence in conflict; that domestic sexual violence isn’t an issue; and that only males perpetrate rape and only females are raped), each of which the authors claim to overturn through a more rigorous approach to available evidence. Along the way an account is also given of the source of such myths, which is said to be NGO and international agency funding needs, which lead them to highlight the worst cases and so to perpetuate a commonsense view of war rape that is “both partial and misleading”.

Megan MacKenzie isn’t impressed either, especially by HSR’s take on those who currently study sexual violence:

[HSR's view is] insulting because it assumes that those who work on sexual violence – like me – those who have sat in a room of women, where over 75% of the women have experienced rape – as I have – listening to story after story of rape, forced marriage, and raising children born as a result of rape, it assumes that we are thinking about what would make the best headline, not what are the facts, and not what would help the survivors of sexual violence.

Laura Shepherd (who like Ní Aoláin and Megan has written at some length on these issues) took a slightly different approach: “It makes not one jot of difference whether rates of [incidents of conflict-related sexual violence] are increasing, decreasing or holding entirely steady: as long as there are still incidents of war rape then the issue demands serious scholarly attention rather than soundbites”. Activists are concerned less by what the report says than by how it will be interpreted and the effects this will have on victims and survivors of rape (the danger, in Megan’s words, that “painting rape as random is another means to detach it from politics”). By contrast, Laura Seay (who has previously addressed similar issues in relation to Congo) is very supportive: “it’s hard to find grounds on which to dispute most of these claims. The evidence is solid”. Andrew Mack (who directs the HSR) similarly replied that the data supports HSR’s claims and that, despite criticisms, it had been checked rigorously.

So what is going on here?

Continue reading

A Magical Anti-Rape Secretion

20 Aug

Todd Akin (R-MO) says that doctors told him that women can’t get pregnant from rape. The doctor in question was presumably Onesipherous W. Bartley, whose 1815 A Treaties on Forensic Medicine or Medical Jurisprudence explained that conception:

must depend on the exciting passion that predominates; to this effect the oestrum/veneris must be excited to such a degree as to produce that mutual orgasm which is essentially necessary to impregnation; if any desponding or depressing passion presides, this will not be accomplished. (via)

At least we know how up to date a certain kind of Republican is on the medical literature. Aaron ‘zunguzungu’ Bady offers a less generous, but surely more astute, diagnosis:

The thing about a chucklehead like Rep. Akins is that he doesn’t actually care whether or not women have a magical anti-rape secretion in their body that makes conception less likely. That’s the whole point: his right not to have to worry about it. If you look at his entire statement, for example, you’ll notice that his foray into weird science was tangential to his main point, which was, simply, punish the criminal not the child. And this is more or less orthodox GOP doctrine, which has the hammer of law enforcement and looks for nails: solve the problem of rape by hammering the criminal, and make abortion into a crime, so you can hammer that too. But this simple-minded approach stumbles when it runs into the problem of the rape-victim: how to have empathy for the victim (because “victim’s rights” is a central pillar of the law and order approach) while also criminalizing her if she gets an abortion? How to insulate her choice to get an abortion from the contingency she did not control, and could not have chosen?

As many have pointed out, then, the first imperative is to make it her choice, and therefore her fault. But there’s still he cognitive dissonance of a rape victim forced to have the child of a rapist, something that doesn’t sit at all easily in the mind of a right wing family-and-police; she’s still a problem, and a thorny one. And so, a simple answer, for a simple mind: she does not exist. He argues that the rape victim who is impregnated is a fantasy of people who want to make the whole thing complicated and difficult, with their “ethics” and “problems,” and so he invents a “doctors told me” story to make it make sense, to explain how what seems complicated is actually simple. But the fact that he’s just making shit up, that women’s body’s aren’t Nature’s Own Anti-Rape Kit, is irrelevant; when you believe in the super-sufficiency of simple laws (and in The Law), problem-cases just become nails to be hammered down or ignored, while “facts” are nothing more that the warrant for doing so.

 

How is Rape a Weapon of War?

13 Feb

This post summarises a piece for the European Journal of International Relations just published online. An inconsequentially different pre-publication version is also available for anyone unable to breach the pay wall.

UPDATE (8 March): Sage have kindly made the full EJIR paper open access until early April, so you can now get it directly that way too.


I’m sure you have reasons
A rational defence
Weapons and motives
Bloody fingerprints
But I can’t help thinking
It’s still all disease.

Fugazi, ‘Argument’ (2001)

‘Weapon of War’ could be many explanations and I’m not sure of any of them.

UNHCR official, Goma, Democratic Republic of Congo, June 2010

1. War Rape in the Feminist Imaginary

Rape is a weapon of war. Such is the refrain of practically all contemporary academic research, political advocacy and media reporting on wartime sexual violence. Once considered firmly outside the remit of foreign policy, rape is today labelled as a ‘tactic of war’ by US Secretaries of State who pledge to eradicate it and acknowledged as a war crime and constituent act of genocide at the highest levels of international law and global governance, a development which for some amounts to the ‘international criminalization of rape’. This idea of rape as a weapon of war has a distinctly feminist heritage. Opposed to the historical placement of gendered violence within the hidden realm of the private, feminist scholarship was the first to draw out the connections between sexual violence and the history of war, just as feminists fought to make rape in times of nominal peace a matter for public concern. Feminist academics have, then, pioneered a view of sexual violence as a form of social power characterised by the operations and dynamics of gender. Sexual violence under feminist inquiry is thus politicised, and forced into the public sphere.

But the consensus that rape is a weapon of war obscures important, and frequently unacknowledged, differences in our ways of understanding and explaining it. Continue reading

Real Men Don’t Rape: A Postscript

29 Jan

Apropos our earlier look at the rhetoric of anti-rape advocacy, Sarah again pointed me in an interesting direction. This time to Vancouver, where a familiar campaign was launched last year. Echoing a similar phraseology (We Are Man; My Strength Is Not For Hurting; Real Men Know The Difference), this one says: Don’t Be That Guy. As is the vogue, the focus is principally on intoxication, nights out and not taking advantage, accompanied by cod-parental instruction: Just because you help her home, doesn’t mean you get to help yourself; and Just because she isn’t saying no doesn’t mean she’s saying yes; and Just because she’s drinking doesn’t mean she wants sex.

What’s interesting is that this exercise in ‘behavioural marketing’ is now seen as a success, and being given significant credit for an apparent 10% drop in rape rates since 2010. To wit:

The reversal in the trend related to sexual assaults reflected the impact of the new education program, better training for police officers and more effective investigation and enforcement, [Deputy Chief LePard] said.

The exact causal balance here is unclear, and there are no firmer details on this gendered accounting for us to work with. There still seem to be some good reasons for scepticism, but if anyone does know of more comprehensive studies on the impact of men-focused campaigns, do share. Particularly interested to hear of any research into the effects of similar behavioural marketing as part of mass anti-rape efforts in the midst of militarised-humanitarian intervention, whether in Congo or elsewhere.

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