In Kosovo, America claimed its war was a 'humanitarian intervention,' in Afghanistan, 'self-defense,' and in Iraq, it claimed the authority of the Security Council of the United Nations. Yet each of these wars was illegal according to established rules of international law. According to these rules, illegal wars fall within the category of 'supreme international crimes'. So how come the war crimes tribunals never manage to turn their sights on America and always wind up putting America's enemies - 'the usual suspects' - on trial? This new book by renowned scholar Michael Mandel offers a critical account of America's illegal wars and a war crimes system that has granted America's leaders an unjust and dangerous impunity, effectively encouraging their illegal wars and the war crimes that always flow from them.

This book assesses the International Criminal Tribunal for former Yugoslavia's (ICTY) legacy and examines the conflicting intersection of law and politics in the search for justice, both thematically and through close analysis of some of the major trials. It analyses the related case brought against Serbia and Montenegro by Bosnia and Herzegovina at the International Court of Justice (ICJ), as well as the Ganic case in London where the ICTY and ICJ findings were challenged. The book addresses the following questions: To what extent the political climate in which the ICTY was conceived, and continues to operate, has affected the declared aims of its founders? Have political considerations and political correctness, and the perceived need for political stability and democratic transition, at times proved an obstacle to the administration of justice? Are some of the acknowledged failings of international policy in the 1990s finding some resonance in more recent court proceedings? This highly relevant and comprehensive book will be of interest to students and scholars of political science, international relations, transitional justice, Balkan area studies, human rights law, international criminal and peace and conflict studies.

Born out of the need to recover, analyze, and present physical evidence on thousands of individual victims of large-scale human rights violations, multi-national, multi-disciplinary forensic teams developed a sophisticated system for the examination of human remains and set a precedent for future investigations. Codifying this process, Skeletal Trauma: Identification of Injuries Resulting from Human Rights Abuse and Armed Conflict describes an epidemiological framework for collecting, analyzing, and interpreting evidence for use at trial. It pieces together fragments of skeletal tissue and associated physical evidence to determine a mechanism of trauma that is factually based, methodologically scripted, and scientifically interpreted. Providing a contextual background, the opening chapter discusses international forensic investigations into Human Rights violations through international tribunals and other emerging judicial systems. The second chapter presents protocols for systemic data collection and methods for the differential diagnosis of wounds to classify and interpret mechanisms of injury. Organized topically, the remaining chapters evaluate blasting injuries, blunt force trauma, skeletal evidence of torture, sharp force trauma, and gunfire injuries. Each chapter discusses wounding mechanisms, wound pathophysiology, relevant legal examples, and case studies. Twenty-six leading scholars and practitioners from anthropology, pathology, and forensics contribute their research, cases, photographs, and extensive fieldwork experience to provide 16 representative case studies. Taken from human rights violations, ethnic and armed conflict, and extra-judicial executions throughout the Americas, Europe, and Asia, all evidence in the examples is interpreted through an epidemiological model and set in a legal framework. Several of the exemplary studies, including those from the Balkans, have already been presented as evidence in criminal trials.

Donna Seto investigates why children born of wartime sexual violence are rarely included in post-conflict processes of reconciliation and recovery. The focus on children born of wartime sexual violence questions the framework of understanding war and recognizes that certain individuals are often forgotten or neglected. This book considers how children are neglected sites for the reproduction of global norms. It approaches this topic through an interdisciplinary perspective that questions how silence surrounding the issue of wartime sexual violence has prevented justice for children born of war from being achieved. In considering this, Seto examines how the theories and practices of mainstream International Relations (IR) can silence the experiences of war rape survivors and children born of wartime sexual violence and explores the theoretical frameworks within IR and the institutional structures that uphold protection regimes for children and women.

This book examines the most polemical atrocity of the Spanish civil war: The massacre of 2,500 political prisoners by Republican security forces in the villages of Paracuellos and Torrejon de Ardoz near Madrid in November/December 1936. The atrocity took place while Santiago Carrillo -- later Communist Party leader in the 1970s -- was responsible for public order. Although Carrillo played a key role in the transition to democracy after Franco's death in 1975, he passed away at the age of 97 in 2012 still denying any involvement in 'Paracuellos' (the generic term for the massacres). The issue of Carrillo's responsibility has been the focus of much historical research. Julius Ruiz places Paracuellos in the wider context of the 'Red Terror' in Madrid, where a minimum of 8,000 'fascists' were murdered after the failure of military rebellion in July 1936. He rejects both 'revisionist' right-wing writers such as Cesar Vidal who cite Paracuellos as evidence that the Republic committed Soviet-style genocide and left-wing historians such as Paul Preston, who in his Spanish Holocaust argues that the massacres were primarily the responsibility of the Soviet secret police, the NKVD. The book argues that Republican actions influenced the Soviets, not the other way round: Paracuellos intensified Stalin's fears of a 'Fifth Column' within the USSR that facilitated the Great Terror of 193738. It concludes that the perpetrators were primarily members of the Provincial Committee of Public Investigation (CPIP), a murderous all-leftist revolutionary tribunal created in August 1936, and that its work of eliminating the 'Fifth Column' (an imaginary clandestine Francoist organisation) was supported not just by Carrillo, but also by the Republican government. In Autumn 2015 the book was serialised in El Mundo, Spain's second largest selling daily, to great acclaim.

A pathbreaking call to halt the intertwined crises of cultural heritage attacks and mass atrocities and mobilize international efforts to protect people and cultures. Intentional destruction of cultural heritage has a long history. Contemporary examples include the Bamiyan Buddhas in Afghanistan, mosques in Xinjiang, mausoleums in Timbuktu, and Greco-Roman remains in Syria. Cultural heritage destruction invariably accompanies assaults on civilians, making heritage attacks impossible to disentangle from the mass atrocities of genocide, war crimes, crimes against humanity, and ethnic cleansing. Both seek to eliminate people and the heritage with which they identify. Cultural Heritage and Mass Atrocities assembles essays by thirty-eight experts from the heritage, social science, humanitarian, legal, and military communities. Focusing on immovable cultural heritage vulnerable to attack, the volume's guiding framework is the Responsibility to Protect (R2P), a United Nations resolution adopted unanimously in 2005 to permit international intervention against crimes of war or genocide. Based on the three pillars of prevent, react, and rebuild, R2P offers today's policymakers a set of existing laws and international norms that can and--as this book argues--must be extended to the protection of cultural heritage. Contributions consider the global value of cultural heritage and document recent attacks on people and sites in China, Guatemala, Iraq, Mali, Sri Lanka and Afghanistan, Syria, and Yemen. Comprehensive sections on vulnerable populations as well as the role of international law and the military offer readers critical insights and point toward research, policy, and action agendas to protect both people and cultural heritage. A concise abstract of each chapter is offered online in Arabic, Chinese, French, Russian, and Spanish to facilitate robust, global dissemination of the strategies and tactics offered in this pathbreaking call to action. The free online edition of this publication is available at getty.edu/publications/cultural-heritage-mass-atrocities. Also available are free PDF, EPUB, and Kindle/MOBI downloads of the book.

The 20th century saw the unlawful killing of approximately 200 million civilians. Sadly, the conflicts and tensions that gave rise to these deaths continue into the 21st century and the task of those involved in investigating mass murder, war crimes and genocide is larger than ever.;"Forensic Archaeology, Anthropology and the Investigation of Mass Graves" provides clear theory and practice for investigators in training, and aims to establish best practice by forensic practitioners. Offering detailed advice on locating and excavating graves, the analysis of human remains, and the surrounding social, political and legal contexts - this book, is a useful reference.

The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a per-manent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, politi-cal, and especially an international law point of view.

The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the Inter-national Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advance-ment of criminal law theory, practice, and reform through-out the world, it is now available in paperback.

This book assesses the International Criminal Tribunal for former Yugoslavia's (ICTY) legacy and examines the conflicting intersection of law and politics in the search for justice, both thematically and through close analysis of some of the major trials. It analyses the related case brought against Serbia and Montenegro by Bosnia and Herzegovina at the International Court of Justice (ICJ), as well as the Ganic case in London where the ICTY and ICJ findings were challenged. The book addresses the following questions: To what extent the political climate in which the ICTY was conceived, and continues to operate, has affected the declared aims of its founders? Have political considerations and political correctness, and the perceived need for political stability and democratic transition, at times proved an obstacle to the administration of justice? Are some of the acknowledged failings of international policy in the 1990s finding some resonance in more recent court proceedings? This highly relevant and comprehensive book will be of interest to students and scholars of political science, international relations, transitional justice, Balkan area studies, human rights law, international criminal and peace and conflict studies.

"A classic in the field" (New York Times), this is a penetrating investigation into moral and ethical questions raised by war, drawing on examples from antiquity to the present. Just and Unjust Wars has forever changed how we think about the ethics of conflict. In this modern classic, political philosopher Michael Walzer examines the moral issues that arise before, during, and after the wars we fight. Reaching from the Athenian attack on Melos, to the Mai Lai massacre, to the war in Afghanistan and beyond, Walzer mines historical and contemporary accounts and the testimony of participants, decision makers, and victims to explain when war is justified and what ethical limitations apply to those who wage it.

First published in 1997, this volume responds to attention in recent years which has been belatedly directed towards reviving World War II issues involving Japan. This study deals first with the manner in which such issues so long fell into abeyance under Cold War conditions, while tracing the vast and varied writing on the war which meanwhile appeared within Japan. Evolving Japanese views on the war are largely focused on debate over the revision of the postwar constitution, especially its renunciation of "war potential". The book also contains the first overview of the decades-long litigation within Japan on the screening of textbooks, especially on the war.

In recent years the international community has begun to scrutinize and, in many cases, condemn the atrocities that took place at Nanking in late 1937. This is all part of a larger worldwide movement in which both nations and multinational groups are attempting to reach closure regarding past atrocities and inhumanities. As represented by the contributors to this book, these activities have an importance reaching far beyond aggressors or victims, beyond admission or vindication, but rather are a search for the common causes of all human atrocities and for solutions that would set humanity on a path toward a more peaceful and harmonious international community.

In recent years the international community has begun to scrutinize and, in many cases, condemn the atrocities that took place at Nanking in late 1937. This is all part of a larger worldwide movement in which both nations and multinational groups are attempting to reach closure regarding past atrocities and inhumanities. As represented by the contributors to this book, these activities have an importance reaching far beyond aggressors or victims, beyond admission or vindication, but rather are a search for the common causes of all human atrocities and for solutions that would set humanity on a path toward a more peaceful and harmonious international community.

The subject of war crimes and collective wrongdoing - whether in the name of ethnic cleansing or a more veiled form of nationalism - is in the forefront of contemporary discourse in politics, international affairs, and political philosophy. This volume addresses urgent questions about the nature of war crimes, nationalism, ethnic cleansing, and collective responsibility.

In fourteen newly written essays, a distinguished team of international scholars consider war crimes and collective wrongdoing from a variety of moral, political, and legal perspectives. There is a substantial introduction from Anthony Ellis and each group of essays is followed by an afterword from the editor and suggestions for further reading.

Consistently probing and provocative, "War Crimes and Collective Wrongdoing" promises to be of enduring interest to students and scholars alike.

The genocide of Armenians by Turks during the First World War was one of the most horrendous deeds of modern times and a precursor of the genocidal acts that have marked the rest of the twentieth century. Despite the worldwide attention the atrocities received at the time, the massacre has not remained a part of the world's historical consciousness. The parallels between the Jewish and Armenian situations and the reactions of the Jewish community in Palestine (the Yishuv) to the Armenian genocide, which was muted and largely self-interested, are explored by Yair Auron. In attempting to assess and interpret these disparate reactions, Auron maintains a fairminded balance in assessing claims of altruism and self-interest, expressed in universal, not merely Jewish, terms.

While not denying the uniqueness of the Holocaust, Auron carefully distinguishes it from the Armenian genocide reviewing existing theories and relating Armenian and Jewish experience to ongoing issues of politics and identity. As a groundbreaking work of comparative history, this volume will be read by Armenian area specialists, historians of Zionism and Israel, and students of genocide. Yair Auron is senior lecturer at The Open University of Israel and the Kibbutzim College of Education. He is the author, in Hebrew, of Jewish-Israeli Identity, Sensitivity to World Suffering: Genocide in the Twentieth Century, We Are All German Jews, and Jewish Radicals in France during the Sixties and Seventies (published in French as well)

A multifaceted look at historian Raul Hilberg, tracing the evolution of Holocaust research from a marginal subdiscipline into a vital intellectual project. "I would recommend this book to both Holocaust historians and general readers alike. The breadth and depth of Hilberg's research and his particular insights have not yet been surpassed by any other Holocaust scholar."-Jewish Libraries News & Reviews Though best known as the author of the landmark 1961 work The Destruction of the European Jews, the historian Raul Hilberg produced a variety of archival research, personal essays, and other works over a career that spanned half a century. The Anatomy of the Holocaust collects some of Hilberg's most essential and groundbreaking writings many of them published in obscure journals or otherwise inaccessible to nonspecialists in a single volume. Supplemented with commentary and notes from Hilberg's longtime German editor and his biographer. From the Introduction: This selection by the editors from the multitude of his published texts focuses on Hilberg's intellectual interests as a Holocaust researcher. Among other topics, they deal with the bureaucracy of the Holocaust, the number of victims, the role of the Judenrate(Jewish councils), and the function of the railway and the police in the extermination process. The scholarly impulses extending from Hilberg's work remain remarkable and virulent almost a decade after his death.2 They deserve to be readily accessible in one place to historians and the interested public in the new compilation offered here. Many of the debates influenced by Hilberg are not yet resolved. The texts presented can be quite revealing in light of these controversies.

The question of national responsibility for crimes against humanity became an urgent topic due to the charge of ethnic cleansing against the previous Yugoslav government. But that was not the first such urging of legal and moral responsibility for war crimes. While the Nazi German regime has been prototypical, the actions of the Japanese military regime have been receiving increasing prominence and attention. Indeed, Peter Li's volume examines the phenomenon of denial as well as the deeds of destruction.

Certainly one of the most troublesome unresolved problems facing many Asian and Western countries after the Asia Pacific war (1931u1945) is the question of the atrocities committed by the Japanese Imperial Army throughout Asia and the Japanese government's repeated attempts to whitewash their wartime responsibilities. The psychological and physical wounds suffered by victims, their families, and relations remain unhealed after more than half a century, and the issue is now pressing. This collection undertakes the critical task of addressing some of the multifaceted and complex issues of Japanese war crimes and redress.

This collection is divided into five themes. In "It's Never Too Late to Seek Justice," the issues of reconciliation, accountability, and Emperor Hirohito's responsibility for war crimes are explored. "The American POW Experience Remembered" includes a moving account of the Bataan Death March by an American ex-soldier. "Psychological Responses" discusses the socio-psychological affects of the Nanjing Massacre and Japanese vivisection on Chinese subjects. The way in which Japanese war atrocities have been dealt with in the theater and cinema is the focus of "Artistic Responses." And central to "History Must not Forget" are the questions of memory, trauma, biological warfare, and redress. Included in this volume are samples of the many presentations given at the International Citizens' Forum on War Crimes and Redress held in Tokyo in December 1999.

"Japanese War Crimes" will be mandatory reading for those interested in East Asian history, genocide studies, and international politics.

The infamous Nanjing Massacre of 1937, in which the Japanese Imperial Army raped and slaughtered countless Chinese citizens on the eve of World War II, has been described in well-publicized books from various Chinese, Japanese and German perspectives. But this collection of first-hand testimony from the archives of the Yale Divinity School Library may be the most powerful record of all. Here are eyewitness accounts by a remarkable group of nine men and one woman -- dedicated, compassionate, well-educated, articulate, and devout missionaries who were there on the scene, refusing to leave, and doing everything in their power to save the Chinese victims of this appalling atrocity.

Presented with accounts of genocide and torture, we ask how people could bring themselves to commit such horrendous acts. A searching meditation on our all-too-human capacity for inhumanity, "Evil Men" confronts atrocity head-on how it looks and feels, what motivates it, how it can be stopped.

Drawing on firsthand interviews with convicted war criminals from the Second Sino-Japanese War (1937 1945), James Dawes leads us into the frightening territory where soldiers perpetrated some of the worst crimes imaginable: murder, torture, rape, medical experimentation on living subjects. Transcending conventional reporting and commentary, Dawes s narrative weaves together unforgettable segments from the interviews with consideration of the troubling issues they raise. Telling the personal story of his journey to Japan, Dawes also lays bare the cultural misunderstandings and ethical compromises that at times called the legitimacy of his entire project into question. For this book is not just about the things war criminals do. It is about what it is like, and what it means, to befriend them.

Do our stories of evil deeds make a difference? Can we depict atrocity without sensational curiosity? Anguished and unflinchingly honest, as eloquent as it is raw and painful, "Evil Men" asks hard questions about the most disturbing capabilities human beings possess, and acknowledges that these questions may have no comforting answers."

This book examines the insurgency and flight of the Armenian communities in Musa Dagh between 1915 and 1939. It analyzes the narratives surrounding the Armenian rebellion against the Ottoman Empire, including the community’s resistance against the imperial order for relocation and the flight to the Musa Mountain.

Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity.

To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.

The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.

In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period. A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.