A bold, urgent appeal from the acclaimed columnist and political commentator, addressing one of the most important issues of our time.

In Peter Beinart’s view, one story dominates Jewish communal life: that of persecution and victimhood. It is a story that erases much of the nuance of Jewish religious tradition and warps our understanding of Israel and Palestine. After Gaza, where Jewish texts, history, and language have been deployed to justify mass slaughter and starvation, Beinart argues, Jews must tell a new story. After this war, whose horror will echo for generations, they must do nothing less than offer a new answer to the question: What does it mean to be a Jew?

Beinart imagines an alternate narrative, which would draw on other nations’ efforts at moral reconstruction and a different reading of Jewish tradition. A story in which Israeli Jews have the right to equality, not supremacy, and in which Jewish and Palestinian safety are not mutually exclusive but intertwined. One that recognizes the danger of venerating states at the expense of human life.

Being Jewish After the Destruction of Gaza is a provocative argument that will expand and inform one of the defining conversations of our time. It is a book that only Peter Beinart could write: a passionate yet measured work that brings together his personal experience, his commanding grasp of history, his keen understanding of political and moral dilemmas, and a clear vision for the future.

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'.
The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

Providing an intellectual biography of the challenging concept of genocide from inception to present day, this topical Handbook takes an interdisciplinary approach to shed new light on the events, processes, and legacies in the field. Reaching beyond the traditional study of canonical genocides and related pathologies of behaviour, this Handbook strives to spell out the multiple dimensions of genocide studies as an academic realm. In doing so, it incorporates a vast range of methods and disciplines, including historiography, archival research, listening to testimony, philosophical inquiry, film studies, and art criticism. Contributors address a broad array of episodes, including genocides of indigenous populations in the Americas and Africa, the Armenian genocide, the Holocaust, twentieth century genocides in Indonesia, Cambodia, Rwanda, Bosnia, and twenty-first century genocides in Iraq, Myanmar, and China. By developing a cross-disciplinary framework, this Handbook showcases the diversity that comprises the field and creates a rich understanding of the origin, effects, and legacy of genocide. With a wide variety of perspectives, this Handbook will prove an invigorating read for students and scholars of international and human rights, public policy, and political geography and geopolitics, particularly those interested in genocide studies and the UN Genocide Convention.

The permanent five (P5) members of the United Nations Security Council ? China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or on-going genocide. John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both within and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN). Topical and insightful, A Duty to Prevent Genocide will be an important read for both academics and students of international law and politics who wish to further understand the legal nature of the duty of the P5 members to prevent genocide. It will also provide valuable insights for policymakers of the P5 member states.

When Lidia Maksymowicz was just a young girl, her partisan family went into hiding in the forest of Belorussia. It was there that they were arrested and taken to Auschwitz. Lidia was branded 70072, sent to the infamous ‘children’s block’ and subjected to the experiments of Dr Josef Mengele.

Having survived Auschwitz, Lidia was adopted and grew up in the industrial town of Oswiecim. She never gave up trying to find her family. In 1962, seventeen years after the liberation, she discovered that her parents were still alive and that her mother had never stopped searching for her. In Moscow, early-1960s, they were finally reunited.

Lidia has since made it her mission to share her story. In 2021, she made headlines around the world when Pope Francis kissed the tattoo that, once a symbol of separation, led her back to her mother.

The Little Girl Who Could Not Cry is a moving memoir of survival but, above all, the prevailing power of love and hope.

This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours criminal activity within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject.

Reverberations of Nazi Violence in Germany and Beyond explores the complex and diverse reverberations of the Second World War after 1945. It focuses on the legacies that National Socialist violence and genocide perpetrated in Europe continue to have in German-speaking countries and communities, as well as among those directly affected by occupation, terror and mass murder. Furthermore it explores how those legacies are in turn shaped by the present. The volume also considers conflicting, unexpected and often dissonant interpretations and representations of these events, made by those who were the witnesses, victims and perpetrators at the time and also by different communities in the generations that followed. The contributions, from a range of disciplinary perspectives, enrich our understanding of the complexity of the ways in which a disturbing past continues to disrupt the present and how the past is in turn disturbed and instrumentalized by a later present.

An indispensable reference on concentration camps, death camps, prisoner-of-war camps, and military prisons offering broad historical coverage as well as detailed analysis of the nature of captivity in modern conflict. This comprehensive reference work examines internment, forced labor, and extermination during times of war and genocide, with a focus on the 20th and 21st centuries and particular attention paid to World War II and recent conflicts in the Middle East. It explores internment as it has been used as a weapon and led to crimes against humanity and is ideal for students of global studies, history, and political science as well as politically and socially aware general readers. In addition to entries on such notorious camps as Abu Ghraib, Andersonville, Auschwitz, and the Hanoi Hilton, the encyclopedia includes profiles of key perpetrators of camp and prison atrocities and more than a dozen curated and contextualized primary source documents that further illuminate the subject. Primary sources include United Nations documents outlining the treatment of prisoners of war, government reports of infamous camp and prison atrocities, and oral histories from survivors of these notorious facilities. Maintains a modern focus while providing broad historical context Covers lesser-known but significant events such as the camps set up by the British for refugees of the Boer Wars that resulted in the deaths of 25,000 people Provides the context necessary to help students understand the significance of the primary source material in introductions Studies camps outside of World War II, illustrating their use in numerous other wars and genocides

This ground-breaking comparative perspective on the subject of World War II war crimes and war justice focuses on American and German atrocities. Almost every war involves loss of life of both military personnel and civilians, but World War II involved an unprecedented example of state-directed and ideologically motivated genocide-the Holocaust. Beyond this horrific, premeditated war crime perpetrated on a massive scale, there were also isolated and spontaneous war crimes committed by both German and U.S. forces. The book is focused upon on two World War II atrocities-one committed by Germans and the other by Americans. The author carefully examines how the U.S. Army treated each crime, and gives accounts of the atrocities from both German and American perspectives. The two events are contextualized within multiple frameworks: the international law of war, the phenomenon of war criminality in World War II, and the German and American collective memories of World War II. Americans, Germans and War Crimes Justice: Law, Memory, and "The Good War" provides a fresh and comprehensive perspective on the complex and sensitive subject of World War II war crimes and justice. . Provides historic photographs related to war crimes and trials . An extensive bibliography of primary sources and secondary literature in English and German related to World War II war crimes and trials

Eminent jurists, professional legal organizations, and human rights monitors in this country and around the world have declared that President George W. Bush may be prosecuted as a war criminal when he leaves office for his overt and systematic violations of such international law as the Geneva and Hague Conventions and such US law as the War Crimes Act, the Anti-Torture Act, and federal assault laws. "George W. Bush, War Criminal?" identifies and documents 269 specific war crimes under US and international law for which President Bush, senior officials and staff in his administration, and military officers under his command are liable to be prosecuted. Haas divides the 269 war crimes of the Bush administration into four classes: 6 war crimes committed in launching a war of aggression; 36 war crimes committed in the conduct of war; 175 war crimes committed in the treatment of prisoners; and 52 war crimes committed in postwar occupations.

For each of the 269 war crimes of the Bush administration, Professor Haas gives chapter and verse in precise but non-technical language, including the specific acts deemed to be war crimes, the names of the officials deemed to be war criminals, and the exact language of the international or domestic laws violated by those officials. The author proceeds to consider the various US, international, and foreign tribunals in which the war crimes of Bush administration defendants may be tried under applicable bodies of law. He evaluates the real-world practicability of bringing cases against Bush and Bush officials in each of the possible venues. Finally, he weighs the legal, political, and humanitarian pros and cons of actually bringing Bush and Bush officials to trial for war crimes.

What are the root causes of sexual violence in war? From times of antiquity through the most recent conflicts in Bosnia, Rwanda, the Congo, and Syria, rape and other forms of sexual violence have been a consistent feature of war. Analyses of these more recent conflicts have prompted a surge of research into rape as a weapon of war and prompted a number of international and national initiatives to address this form of violence. This work has helped to identify rape as a deliberate tool of war-making rather than simply an inevitable side effect of armed conflict. However, much of what has been written on rape as a weapon of war has suggested that the underlying causes stem from a single motivation-whether individual, symbolic, or strategic. This singular focus has led to disagreement in the field about how we can understand the causes and consequences of sexual violence in war and about how to respond to this atrocity. Sara Meger argues that it is this approach to sexual violence in war that has rendered ineffective recent attempts by the UN, national governments, and aid and advocacy organizations to address it. Rather than identifying conflict-related sexual violence as an isolated phenomenon, this book argues that sexual violence is a form of gender-based violence (perpetrated against both men and women) and a manifestation of unequal gender relations that are exacerbated by the social, political, and economic conditions of war. She looks at trends in the form and function of sexual violence in recent and ongoing conflicts to argue that, in different contexts, sexual violence takes different forms and is used in pursuit of different objectives. Taking a political economy perspective she argues that these variations can be explained by broader struggles over territory, assets, and other productive resources of contemporary armed conflicts. As it is a reflection of global political economic struggles, she argues that sexual violence in war can't be addressed only at the local level, but must be addressed through regional and international policy. She concludes by providing some initial ideas about how this can be done via the UN and national governments.

The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the "neutrality trap" snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.

One of the oldest living Holocaust survivors recounts her family’s imprisonment at Auschwitz and Bergen-Belsen in this moving memoir of love, loss, courage, and hope.

When German soldiers invaded Poland in September 1939, it began a six year journey for then-ten-year-old Renee Salt and her mother Sala. Until their liberation in 1945, Renee and Sala were imprisoned in ghettos and concentration camps, including Auschwitz-Birkenau and Bergen-Belsen. The only light in the darkness and brutality for Renee was the unwavering grasp of her mother’s hand in hers–enduring, against all odds.

It was this unbreakable bond, along with a few miracles, that kept Renee alive. Sala’s staggering courage to defy the will of SS guards saved both her and her daughter from the gas chambers, and the pair survived the deadliest days in Auschwitz’s history.

After suffering the nightmarish conditions at Bergen-Belsen, Renee and her mother were liberated in April 1945–but Sala died soon after they were saved. To this day, Renee attributes her survival to the love and bravery of her beloved mother.

Do Not Cry When I Die is an incredibly moving and deeply crucial book that tells the shocking story of one of the oldest Auschwitz-Birkenau and Bergen-Belsen survivors–and the mother’s love that saved her life.

A thorough introduction to the laws of war, the savagery of war crimes, and the international system that demands justice. How do you speak of the unspeakable and defend the indefensible? War Crimes and Justice: A Reference Handbook thoroughly examines the laws of war and how the world community handles the monstrous brutalities of war through the international justice system. Highlighted are 20th century war crimes and trials including Yugoslavia, Kosovo, and the Kerry incident in Vietnam. Also covered are the four international tribunals established to punish violators in Nuremberg, Tokyo, Yugoslavia, and Rwanda. Pulitzer Prize-nominated author Howard Ball discusses those who committed unspeakable acts during war, others who sought justice for victims, and case studies portraying both victims and perpetrators. Significant treaties and conventions are explored, as well as all the options available to nations emerging from the throes of bloody civil wars to ensure peace with justice. Includes coverage of key people and trials including World War II, Vietnam, and the recent war in Kosovo Provides speeches, reports, and edited trial transcripts from cases involving war crimes

The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.

Since unification, the Federal Republic of Germany has made vaunted efforts to make amends for the crimes of the Third Reich. Yet it remains the case that the demands for restitution by many countries that were occupied during the Second World War are unresolved, and recent demands from Greece and Poland have only reignited old debates. This book reconstructs the German occupation of Poland and Greece and gives a thorough accounting of these debates. Working from the perspective of international law, it deepens the scholarly discourse around the issue, clarifying the 'never-ending story' of German reparations policy and making a principled call for further action. A compilation of primary sources comprising 125 annotated key texts (512 pages) on the complexity of reparations discussions covering the period between 1941 and the end of 2017 is available for free on the Berghahn Books website, doi: 10.3167/9781800732575.dd.

This book presents a comprehensive overview of the Nanjing Massacre, together with an in-depth analysis of various aspects of the event and related issues. Drawing on original source materials collected from various national archives, national libraries, church historical society archives, and university libraries in China, Japan, Germany, United Kingdom and the United States, it represents the first English-language academic attempt to analyze the Nanjing Massacre in such detail and scope. The book examines massacres and other killings, in addition to other war crimes, such as rape, looting, and burning. These atrocities are then explored further via a historical analysis of Chinese survivors' testimony, Japanese soldiers' diaries, Westerners' eyewitness accounts, the news coverage from American and British correspondents, and American, British and German diplomatic dispatches. Further, the book explores issues such as the role and function of the International Committee for Nanking Safety Zone, burial records of massacre victims, post-war military tribunals, controversies over the Nanjing Massacre, and the 100-Man Killing Contest. This book is intended for all researchers, scholars, graduate and undergraduate students, and members of the general public who are interested in Second World War issues, Sino-Japanese conflicts, Sino-Japan relations, war crimes, atrocity and holocaust studies, military tribunals for war crimes, Japanese atrocities in China, and the Nanjing Massacre.

The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.

Winner, "Publishers Weekly" Best Books of 2002, Non-Fiction

"In badly constructed books, the reader doesn't care what happens on the next page. In well-constructed books, the reader can't wait to see what happens on the next page. This book is a rare, third kind: The reader dreads what will happen on the next page. Nevertheless, he feels compelled to read on. . . . McAllester takes the reader not only along the streets where atrocities have been committed but inside homes while they are happening. As is the case with many good reads, the power of such scenes comes from the order in which events are presented. First the author develops a character, then later in the book informs you about his fate. Or the author will describe how a family is brutalized, then describes, almost as an aside -- in the course of a succeeding chapter about his own adventures in war-torn Kosovo -- how he meets a traumatized eyewitness to the previous account. In this way, the reader becomes an observer not only of what was happening inside Kosovo during the NATO bombardment but of what was happening to McAllester himself and how he managed to assemble his book."
--"Washington Post"

"The power of McAllester's extraordinary book lies not in its comprehensiveness or its literary polish-though there are many brilliantly moving and perceptive passages-but in its shocking authenticity and deep moral concern. One gets the sense that he risked his life not simply to pursue a story, timely and important as it was, but because of the enormity of the evil being done and his conviction that, in a world of bland policy abstractions, what happened in those days inside Kosovo had to be told."
--"New Leader"

"McAllester powerfully concludes that a sickening mixture of greed, ethnic hostility, and wartime nihilism has displaced the healing power for love and reconciliation for the forseeable future. One of the most thoughtful accounts of the conflict in Kosovo to date conveyed with taut journalistic clarity that should ensure the book a broad range of readers."
--"Kirkus, Starred Review"

"This account is not of the avirtual wara that Westerners saw on their television screens but of the real effects on people who consider the ravaged area home."
--"Library Journal, Starred Review"

"McAllester's spare, understated prose is potent as is his exploration of the human side of geopolitics and war."
--"Publishers Weekly, Starred Review"

"In a twist that took McAllester as much by surprise as it will the reader, it appears that Isa Bala lived in that ill-defined world too, a world where people make deals and concessions just to survive another day. Perhaps he believed that through such compromises, his family would be safe. if so, he was tragically wrong."
--"Sunday Telegraph (London)"

"Beyond the Mountains of the Damned is a gripping, if depressing, account of what McAllester found among the ruins. . . . There is no bravado. . . . He offers vivid thumbnail sketches of Kosovar warriors in the field."
-- "Newsday"

"McAllester offers us the kind of specific detail that we need to make other people's lives human to us. Even more importantly, he tells us how it is to be the oppressor, or at least one of the minions of the oppressors"
--"American Book Review"

For every survivor of a crime, there is a criminal who forces his way into the victim's thoughts longafter the act has been committed.

Reporters weren't allowed into Kosovo during the war without the permission of the Yugoslavian government but Matthew McAllester went anyway. In Beyond the Mountains of the Damned he tells the story of Pec, Kosovo's most destroyed city and the site of the earliest and worst atrocities of the war, through the lives of two menone Serb and one Kosovar. They had known each other, and been neighbors for years before one visited tragedy on the other. With a journalist's eye for detail McAllester asks the great question of war: What kind of men could devastate an entire city, killing whole families, and feel no sense of guilt? The answer lies in the culture of gangsterism and ethnic hatred that began with the collapse of Yugoslavia.

In March of 1999, the world watched thousands of Albanian refugees pour out of Kosovo, carrying stories of the terror that drove them from their homes. To Isa Bala and his family, Albanian Muslims who stayed in Pec during the NATO bombardment, the war in Kosovo was not about cruise missiles and geopolitics. It was about tiptoeing between survival and death in the town that saw the fiercest destruction, the most thorough eviction of the Albanian population and killings whose brutality demands explanation. To Nebojsa Minic and other Serb militiamen who ruled with murder, the conflict was about the exercise of power. Today they are alive and well in the new Yugoslavia. So unconcerned are they over the prospect of ever being held accountable for their crimes that they were willing to sit down over coffee after the war and discuss in detail their brief, brutal reign.

The My Lai massacre of March 16, 1968 and the court martial of Lt. William Calley a year and a half later are among the bleakest episodes in American history and continue to provide a volatile focus for debates about the Vietnam War. Other books have exposed the facts surrounding the incident; "Facing My Lai" now examines its haunting legacy through a unique exchange of contemporary viewpoints.

This powerful book emerges from a stellar gathering of historians, military professionals, writers, mental health experts, and Vietnamese and American war veterans convened to memorialize the tragedy. The cast of prominent speakers included journalists Seymour Hersh and David Halberstam, novelist Tim O'Brien, psychiatrist Robert Jay Lifton, military prosecutor William Eckhardt, and veterans Hugh Thompson and Ron Ridenhour--the two true heroes in the My Lai story. David Anderson's reflective recasting of their presentations creates an impassioned chorus of voices that demonstrates why this tragedy remains one of the key emblems of the American experience in Vietnam.

These authors address many of the troubling questions that still persist about My Lai. Why had it been identified as a Viet Cong stronghold? What orders were the troops actually given? Why didn't someone stop the slaughter? But these questions are asked again in the hope that they might lead to a better understanding of what My Lai means for us now.

As these authors show, our nation is still trying to come to grips with the bitter legacies of the Vietnam War. A grim window into the darker side of American history (like the massacre at Wounded Knee), My Lai reminds us of humanity's baffling capacity for atrocity within the crucible of war. Facing My Lai does not allow us to forget or hide from such horrors, but it also seeks to heal the deep wounds inflicted by the war. Its unflinching look at the past ultimately leads us away from darkness and towards a more enlightened understanding of a war that in many ways is not over yet.

How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.

Imagine a criminal justice system that achieves fewer than five convictions per year and spends more than $20 million on each. By some measures, this would make it the least efficient prosecutorial system in recorded history, with the risk of creating rather than deterring more crimes, and one that few victims or perpetrators believe provides fairness. This is the state of international criminal justice today.
How did one of the bravest and most optimistic expressions of post-Cold War global power-the provision of justice to those victimized by atrocious crimes-degenerate into a system in which so few are convinced justice is being done, a system that may well exacerbate the very problems it was designed to fix? Adam M. Smith, an international lawyer who has worked at The Hague and in the Balkans and is the son of a Holocaust refugee, comprehensively examines the complex, politicized world of international criminal justice, reviewing the serious shortcomings of the international justice system in several hot spots, including:
- The former Yugoslavia, where a one-billion-dollar investment has spectacularly backfired.
- Sierra Leone, where the same wartime factions that the international community tried to dismantle remain, and in some quarters are stronger than ever.
- Rwanda, where the post-conflict tribunal was met with dismay by all sectors of society, has played second fiddle to the Yugoslav tribunal, operates on a shoestring budget, and receives begrudging cooperation from the Rwandan government.
- Sudan and Uganda, where the nascent International Criminal Court has inexplicably replicated many of the same problems that plague the former Yugoslavia, Sierra Leone, and Rwanda.
Are other options available to provide the good of justice without the potentially devastating side effects? Smith illustrates the viability of a counterintuitive "solution" to dealing with genocide and other mass crimes: to entrust the challenging, potentially destabilizing work of war crimes justice to the very states affected by the crimes. After Genocide is indispensable reading for voters, policymakers, and citizens as well as lawyers, academics, and human rights activists who hope that "never again" can be more than a platitude.

This title recounts the massacre at Sant'Anna di Stazzema and examines its after effects. During the Nazi occupation of Italy, SS officers were charged with destroying anti-Fascist and anti-Nazi partisans. Paolo Pezzino not only reconstructs the events, but deals with the 'forgetting' of the massacre.

Is it possible that the soldiers of mass atrocities-Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example-act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.