Between 1975 and 1979 the seemingly peaceful nation of Cambodia succumbed to one of the most bloodthirsty revolutions in modern history. Nearly two million people were killed. As head of the Khmer Rouge's secret police, Comrade Duch was responsible for the murder of more than 20,000 of them. Twenty years later, not one member of the Khmer Rouge had been held accountable for what had happened, and Comrade Duch had disappeared. Photographer Nic Dunlop became obsessed with the idea of finding Duch, and shedding light on a secret and brutal world that had been sealed off to outsiders. Then, by chance, he came face to face with him The Lost Executioner describes Dunlop's personal journey to the heart of the Khmer Rouge and his quest to find out what actually happened in Pol Pot's Cambodia and why.

Norton Parker Chipman is best known for successfully prosecuting Henry Wirz, the infamous commander of the Confederacy's Andersonville Prison where more than 13,000 Union soldiers died during the American Civil War. Beyond his involvement in Wirz's trial, Chipman had an almost ""Forrest Gump"" - like tendency to naturally appear anywhere important events occurred. He accompanied Abraham Lincoln to Gettysburg and served in the War Department. Later, he represented the District of Columbia as its delegate to Congress and led the fund-raising effort to complete the Washington Monument.After moving to California, he rose to prominence in the state's burgeoning agribusiness and served many years as a Supreme Court commissioner and a Court of Appeal presiding justice. Covering these details and much more, this biography provides intimate glimpses of a Union officer's perspective of the Civil War, a Washington insider's view of the postwar capital and a veteran's influence in shaping and developing California.

Winner of the Pulitzer Prize for Non-Fiction 'A devastating indictment' SUNDAY TIMES 'An important book, a superb piece of reporting' OBSERVER 'With great narrative verve, and a sober and subtle intelligence, she carries us deep behind the scenes of history-in-the-making' PHILIP GOUREVITCH Why do leaders who vow 'never again' repeatedly fail to prevent genocide? In her award-winning modern classic, Samantha Power presents a deeply researched and powerfully argued answer to this haunting question. Disproving claims that successive American leaders were unaware of genocidal horrors occurring around the world, Power tells the stories of courageous individuals who risked their careers and lives in an effort to save others, revealing how policy makers and outsiders alike ignored chilling warnings and rationalised inaction. A riveting account, A Problem From Hell has forever reshaped debates about foreign policy, while inspiring a new generation to raise their voices in the face of contemporary injustice.

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.

In recent years, the academic study of 'war' has gained renewed popularity in criminology. This book illustrates its long-standing engagement with this social phenomenon within the discipline. Foregrounding established criminological work addressing war and connecting it to a wide range of extant sociological literature, the authors present and further develop theoretical and conceptual ways of thinking critically about war. Providing a critique of mainstream criminology, the authors question whether a 'criminology of war' is possible, and if so, how this seemingly 'new horizon' of the discipline might be usefully informed by sociology.

On the night of 14 July, 1976 - Bastille Day - an elderly German was brutally murdered in a little French village where he had taken refuge from the evil shadow which had dogged him for the past thirty-two years. His killers were never brought to justice; indeed, no real attempt was ever made to track them down, the affair being politically embarrassing to both the French and the German governments. The murdered man was Jochen Peiper, once the dashing leader of one of the most renowned units in the German Army. The shadow which hung over him was his alleged complicity in the murder of over seventy unarmed American soldiers during the Ardennes offensive in the winter of 1944/45. It is certain that Peiper was not at the fateful crossroads near Malmedy at the time the men died, but that is not to say that they were not killed on his orders. Guilty or not, Peiper was tried and imprisoned after the war and on his release might have been said to have paid his debt for his supposed part in what had become known as the Malmedy Massacre. But there were those who thought otherwise.After exhaustive research, this classic work sees Charles Whiting tell the story of this enigmatic man, regarded by some as a brilliant and dashing leader of men, by others as a Nazi war criminal, with the vividness and punch which characterized Peiper's military career. All the facts may never be uncovered but all that are known are recorded here. What is certain is that Jochen Peiper remains one of the most controversial miltary figures to emerge from the maelstrom of the Second World War.

In Conquest and Redemption, Gregg J. Rickman explains how the Nazis stole the possessions of their Jewish victims and obtained the cooperation of institutions across Europe in these crimes of convenience. He also describes how those institutions are being brought to justice, sixty years later, for their retention of their ill-gotten gains.

Rickman not only explains how the robbery was accomplished, tracked, stalled, and then finally reversed, but also clearly shows the ways in which robbery was inextricably connected to the murder of the Jews. The Nazis took everything from Jews--their families, their possessions, and even their names. As with the murder of Jews, the Nazis' robbery was an organized, institutionalized effort. Jews were isolated, robbed, and left homeless, regarded as parasites in the Nazis' eyes, and thus fair game. In short, the organized robbery of the Jews facilitated their slaughter.

How did the German people come to believe that it was permissible to isolate, outlaw, rob, and murder Jews? A partial explanation can be found in the Nazis' creation of a virtual religion of German nationalism and homogeneity that delegitimized Jews as a people and as individuals. This belief system was expressed through a complex structure of religious rules, practices, and institutions. While Nazi ideology was the guiding principle, how that ideology was formed and how it was applied is important to understand if one is to fully grasp the Holocaust.

Rickman painstakingly describes the structural composition and motivation for the plundering of Jewish assets. The Holocaust will always remain a memory of unequalled pain and suffering, but, as Rickman shows, the return of stolen goods to their survivors is a partial victory for the long aggrieved. Conquest and Redemption will be of interest to students and scholars in the history of the Holocaust and its aftermath.

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.

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.

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.

In the 489 Dachau trials, 1700 criminals of Nazi Germany faced American justice. Held in the old administration building of the defunct concentration camp, they began just weeks after the capitulation in 1945 and were completed on December 30, 1947. The defendants varied from major figures in the Reich, to doctors, engineers, and teachers, to farmers, students, and villagers. The crimes include the abuse or murder of downed American airmen and atrocities committed against victims of all nationalities in the concentration camps and transports.

This study concentrates or a selection of the trials that show a broad group of representative crimes and lend themselves to an understanding of World War II German culture. In proving that the average citizen could be as devoted a contributor to the Nazi cause as Hitler, the work reveals something about those who would not stand up to him, who tolerated him, or who joined him.It addresses the disturbing reality that most atrocities committed in the Hitler era were the result of personal decisions made by others than the dictator.

Written from primary source documents such as letters, testimony, petitions, military records, physical evidence, and the official files and reviews of the trials, the case descriptions also provide defendants' personal details: upbringing, family life, education, career choices, their behavior during the trials, and their lives afterward. The study concludes with an appendix of all cases by number and defendant, divided by series, and a bibliography. It is illustrated with mug shots of the defendants and photographs of relevant sites and events.

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.

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.

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 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)

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.

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.

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.

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.

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.

Criminal punishment is increasingly seen as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Although there is a wealth of legal writing on international criminal law, an extensive analysis is still needed of the questions why and to what extent criminal prosecution is a necessary means of human rights protection at the domestic level. This book is the first to examine comprehensively the duty to prosecute serious human rights violations under the International Covenant on Civil and Political Rights, the American and European Conventions on Human Rights, and customary international law. It does so by exploring the phenomena of impunity and amnesties. These issues are particularly relevant for post-conflict situations in which it is often argued that criminal punishment threatens peace and reconciliation. The question of how to deal with post-conflict justice under international human rights law is therefore a continuing theme throughout the book. Apart from post-conflict justice the text also considers the relevance of criminal measures in times of peace by exposing flaws in the criminal legislation and in the conduct of criminal procedure. With its survey of the relevant human rights instruments and jurisprudence, Prosecuting Serious Human Rights Violations is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee, providing a unique reference tool for scholars and practitioners working in this area of law. It also describes the standards for criminal law under the Conventions Against Genocide, Torture, and Enforced Disappearances. As the analysis of pertinent case law reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the author develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice.

The open access book examines the consequences of the Italian Constitutional Court's Judgment 238/2014 which denied the German Republic's immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book's three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler's Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

This book provides a critical analysis of how the "war on terror" affected the civilian population in Afghanistan and Pakistan. This "forgotten war," which started in 2001 with the US-led invasion of Afghanistan, has seen more than 212,000 people killed in war-related incidents. Whilst most of the news media shifted their attention to other conflict zones, this war rages on. Badalic has amassed a vast amount of data on the civilian victims of war from both sides of the Durand line, the border between Afghanistan and Pakistan. He conducted interviews in Peshawar, Quetta, Islamabad, Kabul, Jalalabad, and many other cities and villages from 2008 to 2017. His data is mostly drawn from those extensive conversations held with civilian victims of war, Afghan and Pakistani officials, human-rights activists and members of the insurgency. The book is divided into three parts. The first examines the impact the US-led coalition, Afghan security forces and paramilitary groups had on civilians, with methods of combat such as drone strikes and kill-or-capture missions. The second part focuses on civilian victims of abuses of power by Pakistani security forces, including arbitrary detentions and forced disappearances. In the final part, Badalic explores the impact of unlawful practices used by the armed insurgency - the Afghan Taliban. Overall, the book seeks to tell the story of the civilian victims of the "War on Terror".