This book offers a distinctive and novel approach to state-sponsored violence, one of the major problems facing humanity in the previous and now the twenty-first century. It addresses the question: how is it possible that large numbers of ordinary men and women are able to do the killing, torturing and violence that defines crimes against humanity? In his striking analysis, Rob Watts shows how and why states, of all political persuasions, engage in crimes against humanity, including: genocide, homicide, torture, kidnapping, illegal surveillance and detention. This book advances a new interpretive frame. It argues against the 'civilizing process' model, showing how both states and social sciences like sociology and criminology have been complicit in splitting 'the social' from 'the ethical' while accepting too complacently that modern states are the exemplars of morality and rationality. The book makes the case that it is possible to bring together in the one interpretative frame, our understanding of social action involving personal motivation and ethical responsibility and patterns of collective social action operating in terms of the agencies of 'the State'. Rob Watts identifies and charts the pathways of action and 'practical' (i.e. ethical) judgements which the perpetrators of these crimes against humanity constructed for themselves to make sense of what they were doing. At once challenging and highly accessible, the book reveals the policy-making processes that produce state crime as well as showing how ordinary people do the state's dirty work.

Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.

Previous scholarship on trials of war criminals focused on the legal proceedings with only tacit acknowledgment of the political and social context. Dean Aszkielowicz argues in The Australian Pursuit of Japanese War Criminals, 1943-1957: From Foe to Friend that the trials of Class B and Class C Japanese war criminals in Australia were not only an attempt to punish Japan for its militaristic ventures but also a move to exert influence over the future course of Japanese society, politics, and foreign policy, as well as to cement Australia's position in the Pacific region as a major power. During the Allied occupation of Japan, Australia energetically tried Japanese Class B and Class C war criminals. However, as the Cold War intensified, Japan was increasingly seen by the United States and its allies as a potential ally against communism and was no longer considered a threat to Pacific security. In the 1950s, concerns about the guilt of individual Japanese soldiers made way for pragmatism and political gain when the sentences of war criminals became a political bargaining chip.

For over 100 years, at least one concentration camp has existed somewhere on Earth. First used as battlefield strategy, camps have evolved with each passing decade, in the scope of their effects and the savage practicality with which governments have employed them. Even in the twenty-first century, as we continue to reckon with the magnitude and horror of the Holocaust, history tells us we have broken our own solemn promise of "never again." In this harrowing work based on archival records and interviews during travel to four continents, Andrea Pitzer reveals for the first time the chronological and geopolitical history of concentration camps. Beginning with 1890s Cuba, she pinpoints concentration camps around the world and across decades. From the Philippines and Southern Africa in the early twentieth century to the Soviet Gulag and detention camps in China and North Korea during the Cold War, camp systems have been used as tools for civilian relocation and political repression. Often justified as a measure to protect a nation, or even the interned groups themselves, camps have instead served as brutal and dehumanizing sites that have claimed the lives of millions. Drawing from exclusive testimony, landmark historical scholarship, and stunning research, Andrea Pitzer unearths the roots of this appalling phenomenon, exploring and exposing the staggering toll of the camps: our greatest atrocities, the extraordinary survivors, and even the intimate, quiet moments that have also been part of camp life during the past century.

In the midst of the Second World War, the Allies acknowledged Germany's ongoing programme of extermination. In the Shadow of the Holocaust examines the struggle to attain post-war justice and prosecution. Focusing on Poland's engagement with the United Nations War Crimes Commission, it analyses the different ways that the Polish Government in Exile (based in London from 1940) agitated for an Allied response to German atrocities. Michael Fleming shows that jurists associated with the Government in Exile made significant contributions to legal debates on war crimes and, along with others, paid attention to German crimes against Jews. By exploring the relationship between the UNWCC and the Polish War Crimes Office under the authority of the Polish Government in Exile and later, from the summer of 1945, the Polish Government in Warsaw, Fleming provides a new lens through which to examine the early stages of the Cold War.

From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war. Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.

A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.

Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.

*A Telegraph Book of the Year* *Shortlisted for the Parliamentary Book Awards* An astonishing investigation into the start of the Russo-Ukrainian war – from the corridors of the Kremlin to the trenches of Mariupol. The Russo-Ukrainian War is the most serious geopolitical crisis since the Second World War – and yet at the heart of the conflict is a mystery. Vladimir Putin apparently lurched from a calculating, subtle master of opportunity to a reckless gambler, putting his regime – and Russia itself – at risk of destruction. Why? Drawing on over 25 years’ experience as a correspondent in Moscow, as well as his own family ties to Russia and Ukraine, journalist Owen Matthews takes us through the poisoned historical roots of the conflict, into the Covid bubble where Putin conceived his invasion plans in a fog of paranoia about Western threats, and finally into the inner circle around Ukrainian president and unexpected war hero Volodimir Zelensky. Using the accounts of current and former insiders from the Kremlin and its propaganda machine, the testimony of captured Russian soldiers and on-the-ground reporting from Russia and Ukraine, Overreach tells the story not only of the war’s causes but how the first six months unfolded. With its panoramic view, Overreach is an authoritative, unmissable record of a conflict that shocked Europe to its core.

This book offers a rare and innovative consideration of an enduring tendency in postwar art to explore places devoid of human agents in the wake of violent encounters. To see the scenery together with the crime elicits a double interrogation, not merely of a physical site but also of its formation as an aesthetic artefact, and ultimately of our own acts of looking and imagining. Closely engaging with a vast array of works made by artists, filmmakers and photographers, each who has forged a distinct vantage point on the aftermath of crime and conflict, the study selectively maps the afterlife of landscape in search of the political and ethical agency of the image. By way of a thoroughly interdisciplinary approach, Crime Scenery in Postwar Film and Photography brings landscape studies into close dialogue with contemporary theory by paying sustained attention to how the gesture of retracing past events facilitates new configurations of the present and future.

Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.

"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.

Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.

This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the 'Age of Accountability.' However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK's legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.

In Buried in the Heart, Erin Baines explores the political agency of women abducted as children by the Lord's Resistance Army in northern Uganda, forced to marry its commanders, and to bear their children. Introducing the concept of complex victimhood, she argues that abducted women were not passive victims, but navigated complex social and political worlds that were life inside the violent armed group. Exploring the life stories of thirty women, Baines considers the possibilities of storytelling to reclaim one's sense of self and relations to others, and to generate political judgement after mass violence. Buried in the Heart moves beyond victim and perpetrator frameworks prevalent in the field of transitional justice, shifting the attention to stories of living through mass violence and the possibilities of remaking communities after it. The book contributes to an overlooked aspect of international justice: women's political agency during wartime.

Sophie Knab's parents were Polish forced labourers in Germany during World War II. For years her mother was unable to discuss or answer questions about this period of her life. Compelled to learn more about her mothers experience and that of other Polish women, Knab began a personal and emotional quest. Over the course of 14 years, she conducted extensive research of post-war trial testimonies housed in archives in the U.S., London, and in Warsaw to piece together facts and individual stories from this singular and often-overlooked aspect of World War II history. As mothers, wives, daughters, and sisters, female Polish forced labourers faced a unique set of challenges and often unspeakable conditions because of their gender. Required to sew a large letter "P" onto their jackets, thousands of women, some as young as age 12, were taken from their homes in Poland and forced to work for the Reich for months and years on end. In this important contribution to World War II history, Knab explains how it all happened, from the beginning of occupation in Poland to liberation: the roundups; the horrors of transit camps; the living and working conditions of Polish women in agriculture and industry; and the anguish of sexual exploitation and forced abortions -- all under the constant threat of concentration camps. Knab draws from documents, government and family records, rare photos, and most importantly, numerous victim accounts -- diaries, letters and trial testimonies -- to present an unflinching, detailed portrait of the lives of female Polish labourers, finally giving these women a voice and bringing to light to the atrocities that they endured.

Written by the Director of the Tokyo Trial Research Centre at China's Shanghai Jiao Tong University, this book provides a unique analysis of war crime trials in Asia-Pacific after World War II. It offers a comprehensive review of key events during this period, covering preparations for the Trial, examining the role of the War Crimes Commission of the United Nations as well as offering a new analysis of the trial itself. Addressing the question of conventional war crimes, crimes against humanity, crimes against peace (such as the Pearl Harbor Incident) and violations of warfare law, it follows up with a discussion of post-trial events and the fate of war criminals on trial. Additionally, it examines other Japanese war crime trials which happened in Asia, as well as considering the legacy of the Tokyo trial itself, and the foundation of a new Post-War International Order in East Asia.

A rich and accessible introduction to the role of the German railway system in the Holocaust, a topic that remains understudied even today. Renowned Holocaust scholar Raul Hilberg considered the German railway system that delivered European Jews to ghettos and death camps in Eastern Europe to be not only an essential component of the "machinery of destruction" but also emblematic of the amoral bureaucracy that helped to implement the Jewish genocide. German Railroads, Jewish Souls centers around Hilberg's seminal essay of the same name, a landmark study of German railways in the Nazi era long unavailable in English. Supplemented with additional writings from Hilberg, primary source materials, and historical commentary from leading scholars Christopher Browning and Peter Hayes. "This important book unites three prominent scholars tackling crucial questions about German railways and the Holocaust. Two essays from the late, renowned Raul Hilberg investigate their overlooked role in the extermination of the European Jews. They provide groundbreaking investigations into the German railway as the prototype of a bureaucracy and challenge its supposed banality. While Christopher Browning eloquently situates Hilberg's essays within the historical literature, Peter Hayes makes a detailed critique of the common but false belief that the deportation and annihilation of the Jews were more of a priority for the Nazis than the war effort. This question, arising from Hilberg's essays, demonstrates the continued significance of his work today."-Wolf Gruner, author, The Holocaust in Bohemia and Moravia: Czech Initiatives, German Policies, Jewish Responses Published in Association with the United States Holocaust Memorial Museum.

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 aftermath of modern conflicts, deeply rooted in political, economic and social structures, leaves pervasive and often recurring legacies of violence. Addressing past injustice is therefore fundamental not only for societal well-being and peace, but also for future conflict prevention. In recent years, truth and reconciliation commissions have become important but contentious mechanisms for conflict resolution and reconciliation. This book fills a significant gap, examining the importance of context within transitional justice and peace-building. It lays out long-term and often unexpected indirect effects of formal and informal justice processes. Offering a novel conceptual understanding of 'procedural reconciliation' on the societal level, it features an in-depth study of commissions in Peru and Sierra Leone, providing a critical analysis of the contribution and challenges facing transitional justice in post-conflict societies. It will be of interest to scholars and students of comparative politics, international relations, human rights and conflict studies.

This is the first book to examine and compare how rebels govern civilians during civil wars in Latin America, Africa, Asia, and Europe. Drawing from a variety of disciplinary traditions, including political science, sociology, and anthropology, the book provides in-depth case studies of specific conflicts as well as comparative studies of multiple conflicts. Among other themes, the book examines why and how some rebels establish both structures and practices of rule, the role of ideology, cultural, and material factors affecting rebel governance strategies, the impact of governance on the rebel/civilian relationship, civilian responses to rebel rule, the comparison between modes of state and non-state governance to rebel attempts to establish political order, the political economy of rebel governance, and the decline and demise of rebel governance attempts.

The International Military Tribunal for the Far East, often known as the Tokyo Trial was held by the Allied Nations from 1946-8 to try Japanese military and civil officials for war crimes committed during World War II. The trial proceedings were controversial at the time and remain a highly emotive subject, particularly in East Asia. This collection of essays from leading Chinese historians, presented here in English translation for the first time, represents a distinctively Chinese approach to the interpretation of the trial and its significance today. The essays are supplemented by a detailed chronology and by firsthand accounts of the trial by two men who represented China in the proceedings: the judge Mei Ru'ao and the prosecution consultant Ni Zhengyu.

This book examines the use of national and international law to prosecute Nazi crimes, the centerpiece of twentieth-century state-sponsored genocide and mass murder crimes, the paradigmatic instance of state-sponsored criminality and genocide in the twentieth century. In its various essays, the contributors reconstruct the historical historical setting of the crimes committed under the aegis of the Nazi regime and examine why postwar adjudication took place only within limits, within the national and international judicial forums responsible for prosecuting perpetrators. The topics discussed include the impact of the Nazi justice system on postwar justice, postwar legal proceedings against those who committed war crimes and genocide, the work of the Nuremberg tribunal and Allied trials, and judicial investigations and prosecutions in East Germany, West Germany, and Austria. They span the postwar period up to contemporary US legal efforts to deport Nazi criminals within its borders and libel trials against Holocaust denials in London and Canadian courts and libel suits brought by Holocaust deniers in British and Canadian courts.