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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes > General
WRITTEN WITH UNPRECEDENTED ACCESS, THIS IS THE FIRST INSIDE, INTIMATE ACCOUNT OF THE RUSSIAN INVASION OF UKRAINE FROM THE PERSPECTIVE OF PRESIDENT ZELENSKY AND HIS TEAM. Based on four years of reporting; extensive travels with President Zelensky to the front; and dozens of interviews with him, his wife, his friends and enemies, his advisers, ministers and military commanders, The Showman tells an intimate and eye-opening story of the President’s evolution from a slapstick actor to a symbol of resilience, revealing how he managed to rally the world’s democracies behind his cause. Clear-eyed about the President’s early failures as a peacemaker and his willingness to silence political dissent, the book offers a complex picture of a man struggling to break what he sees as a historical cycle of oppression that began generations before he was born. Even as the war drags on, Zelensky lays out his vision for its future course and, through his actions, demonstrates his strategy for countering the Russians and keeping the West on his side. The result is a riveting, up-close picture of the invasion as experienced by its number one target and improbable hero. The Showman, as a work of eyewitness journalism, provides an essential perspective on the war defining our age. As a study in leadership and human resolve, its appeal is timeless and universal.
The northeast corner of the Democratic Republic of Congo (DRC) is home to one of Africa's richest goldfields. This report documents widespread human rights abuses linked to ruthless efforts by foreign armies and armed groups to control two key gold mining areas: Mongbwalu and Durba. In their battles for gold, armed groups carried out widespread ethnic slaughter, torture and rape leaving more than 60,000 civilians dead in this remote corner of Congo. Armed group leaders together with their local business allies used the proceeds from the sale of gold to gain access to money, guns, and power. In 2003 alone nearly $60 million of tainted gold was smuggled out of Congo to Uganda, destined for the global gold markets in Europe and elsewhere. These funds enriched only the fortunate few and left many others impoverished and abused. Multinational mining companies also sought to start gold mining and exploration activities in this volatile area. One such company, AngloGold Ashanti, one of the largest gold producers in the world, launched a gold exploration program in Mongbwalu, an area controlled by an armed group responsible for war crimes and crimes against humanity. In return for assurances of security and access to the mining site, AngloGold Ashanti established a relationship with this murderous armed group which in turn obtained financial, material and political benefits There will be no peace in Congo unless those who are involved in the exploitation of its natural resources make respect for human rights a fundamental consideration in their business activities. Multinational companies need to ensure that no support of any kind is provided to armed groups responsible for serious human rights crimes. Congolese citizens deserve to benefit from the country's rich resources, not be cursed by them.
The NHS came into existence in an atmosphere of conflict centred on the strong ideological commitment of the Post-war Labour Government and the opposition of the Conservative Party of that time to the idea of a universally available and centrally planned medical care service. There was also opposition from some sections of the medical establishment who feared the loss of professional autonomy. Setting health policy in both an historical and modern context (post 1997) Carrier and Kendall weigh up the successes and failures of the National Health Service and examine the conflicts which have continued for over sixty years, in spite of efforts to solve financial problems in the NHS through increases in funding as well as structural and organisational change. After looking at recent responses to supposed failures of the NHS, they conclude that the NHS has successfully faced the challenges before it and is likely to continue to meet the changing health needs of the population. Financial stresses, concerns about the quality of care and demographic change, with consequent issues for the elderly and the chronically ill, continue to be urgent and politically contentious issues. This book is appropriate for a wide range of undergraduate and postgraduate students studying health policy and the NHS.
In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
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.
In Drunk on Genocide, Edward B. Westermann reveals how, over the course of the Third Reich, scenes involving alcohol consumption and revelry among the SS and police became a routine part of rituals of humiliation in the camps, ghettos, and killing fields of Eastern Europe. Westermann draws on a vast range of newly unearthed material to explore how alcohol consumption served as a literal and metaphorical lubricant for mass murder. It facilitated "performative masculinity," expressly linked to physical or sexual violence. Such inebriated exhibitions extended from meetings of top Nazi officials to the rank and file, celebrating at the grave sites of their victims. Westermann argues that, contrary to the common misconception of the SS and police as stone-cold killers, they were, in fact, intoxicated with the act of murder itself. Drunk on Genocide highlights the intersections of masculinity, drinking ritual, sexual violence, and mass murder to expose the role of alcohol and celebratory ritual in the Nazi genocide of European Jews. Its surprising and disturbing findings offer a new perspective on the mindset, motivation, and mentality of killers as they prepared for, and participated in, mass extermination. Published in Association with the US Holocaust Memorial Museum.
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.
This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities. Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously. Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.
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.
The Eichmann Trial Reconsidered brings together leading authorities in a transnational, international, and supranational study of Adolf Eichmann, who was captured by the Israelis in Argentina and tried in Jerusalem in 1961. The essays in this important new collection span the disciplines of history, film studies, political science, sociology, psychology, and law. Contributing scholars adopt a wide historical lens, pushing outwards in time and space to examine the historical and legal influence that Adolf Eichmann and his trial held for Israel, West Germany, and the Middle East. In addition to taking up the question of what drove Eichmann, contributors explore the motivation of prosecutors, lawyers, diplomats, and neighbouring countries before, during, and after the trial ended. The Eichmann Trial Reconsidered puts Eichmann at the centre of an exploration of German versus Israeli jurisprudence, national Israeli identities and politics, and the conflict between German, Israeli, and Arab states.
'GRIPPING' - THE TIMES 'FASCINATING, NO-HOLDS-BARRED' - THE SECRET BARRISTER How can you speak up for someone accused of a savage murder? Or sway a jury? Or get a judge to drop a case? William Clegg QC is a leading criminal lawyer in London. In this vivid memoir, he revisits his most notorious and intriguing trials, from the acquittal of Colin Stagg to the murder of Jill Dando, to the man given life because of an earprint and the first Nazi war crimes prosecution in the UK. All the while he lays bare the secrets of his profession, from the rivalry among barristers to the nervous moments before a verdict comes back - and how our right to a fair trial is now at risk. Under the Wig is for anyone who wants to know the reality of a murder trial. It's an intelligent crime read for fans of The Secret Barrister's books and Unnatural Causes by Dr Richard Shepherd. Well-known cases featured: Murder of Rachel Nickell on Wimbledon Common Chillenden Murders of Dr Lin and Megan Russell Lee Clegg, when Labour leader Keir Starmer was his junior Murder of Jill Dando First Nazi war crimes prosecution in the UK Murder of Joanna Yeates Rebekah Brooks Phone Hacking Trial
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
Coming into existence amid a wave of optimism in 2011, South Sudan has since slid into violence and conflict. Even in the face of escalating civil war, however, the people of the country continue to fight for justice, despite a widespread culture of corruption and impunity. Drawing on extensive new research, Rachel Ibreck examines people's lived experiences as they navigate South Sudan's fledgling justice system, as well as the courageous efforts of lawyers, activists, and ordinary citizens to assert their rights and hold the government to account. In doing so, the author reveals how justice plays out in a variety of settings, from displacement camps to chiefs' courts, and in cases ranging from communal land disputes to the country's turbulent peace process. Based on a collaborative research project carried out with South Sudanese activists and legal practitioners, the book also demonstrates the value of conducting researching with, rather than simply about those affected by conflict. At heart, this is a people's story of South Sudan - what works in this troubled country is what people do for themselves.
The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of todays armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenhausers text will be essential to academics and practitioners alike.
Sexual violence was a widespread reality during the war and the occupation in the Soviet Union: Wehrmacht soldiers and SS men made women and girls victims of sexual torture, committed rape and sexual enslavement. They also visited both 'secret' prostitutes and official military brothels, and had encounters with women who were forced to trade sex for protection or food. In some areas, they engaged in consensual relations, which sometimes led to applications for marriage permits. This book dispels the myth that military leaders, in adhering to the Nazi ideology of 'race defilement', strictly repressed soldiers' sexuality. Regina Muhlhauser opens up new perspectives on the complexity of wartime sexual practices beyond the Nazi case by looking at the whole spectrum of heterosexual encounters--forced and consensual, violent and non-violent, commercial and non-commercial. In doing so, she develops a more nuanced understanding of soldiers' sexual behavior and the ways in which military commands assess soldierly sexuality and integrate it into their strategic thinking.
International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.
This comprehensive reference work serves as an important resource for anyone interested in the international prosecution of war crimes and how it has evolved. War Crimes and Trials analyzes the evolution of war crime trials through primary sources. Beginning with a general discussion of why regulations for war have evolved, it then illustrates the resulting changes in the nature and consequences of war as well as attitudes toward war as a part of international life. Moreover, it contextualizes contemporary rules that pertain to both international and non-international armed conflicts. The heart of the book focuses on 12 World War II cases central to the development of war law over the next 50 years, including the Nuremberg and Tokyo trials of major war criminals. It additionally dedicates discussion to the evolution of the law after World War II as set in motion by the United Nations, the 1949 Geneva Conventions and amendments, the background and operation of the ad hoc international criminal courts, and the creation of the permanent International Criminal Court, illustrating problems and successes through 12 cases drawn from these four courts. Walks readers through the evolution of present standards of battlefield conduct Concisely summarizes the background of each war crime trial Shows through testimony how standards have been applied in war crime trials Leads readers to understand the difficulty of international prosecution for war crimes Provides resources for further study
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.
Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.
Divided societies, tormented pasts, and unrepentant perpetrators. Why are some countries more intent on vanquishing uncomfortable pasts than others? How do public and often unsightly attempts at memorialisation both fail the victims and valorize their oppressors? This book offers fresh and original perspectives on dictatorship, fascism and victimization from the bloodiest decades in Europe's, Australia's and Central America's colonial and modern history. Chapters include analyses of Francoist memorials in Spain, assessments of the El Mozote massacre in El Salvador, the forgetting of frontier colonial violence in Tasmania, Romania's treatment of its Roma populations in the midst of Holocaust memorialization in Bucharest's urban development, and whether or not the Holocaust continues to serve as an instructional model or impossible aspiration for cross-cultural genocide memorialization strategies. In an era of ongoing political, ethnic and religious conflict, and unrepentant insurgent activity around the world, this collection reminds readers that genocidal actions, wherever and whenever they occurred, must be held to account by more than rhetoric and concrete memory. This book was originally published as a special issue of the Journal of Genocide Research.
Beyond Repair? explores Mayan women's agency in the search for redress for harm suffered during the genocidal violence perpetrated by the Guatemalan state in the early 1980s at the height of the thirty-six-year armed conflict. The book draws on eight years of feminist participatory action research conducted with fifty-four Q'eqchi', Kaqchikel, Chuj, and Mam women who are seeking truth, justice, and reparation for the violence they experienced during the war, and the women's rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries for over a decade. Alison Crosby and M. Brinton Lykes use the concept of "protagonism" to deconstruct dominant psychological discursive constructions of women as "victims," "survivors," "selves," "individuals," and/or "subjects." They argue that at different moments Mayan women have been actively engaged as protagonists in constructivist and discursive performances through which they have narrated new, mobile meanings of "Mayan woman," repositioning themselves at the interstices of multiple communities and in their pursuit of redress for harm suffered.
Slave Labor in Nazi Concentration Camps examines the slave labor carried out by concentration camp prisoners from 1942 and the effect this had on the German wartime economy. This work goes far beyond the sociohistorical 'reconstructions' that dominate Holocaust studies - it combines cultural history with structural history, drawing relationships between social structures and individual actions. It also considers the statements of both perpetrators and victims, and takes the biographical approach as the only possible way to confront the destruction of the individual in the camps after the fact. The first chapter presents a comparative analysis of slave labor across the different concentration camps, including Auschwitz, Buchenwald, and Dachau. The subsequent chapters analyse the similarities and differences between various subcamps where prisoners were utilised for the wartime economy, based on the example of the 86 subcamps of Neuengamme concentration camp, which were scattered across northern Germany. The most significant difference between conditions at the various subcamps was that in some, hardly any prisoners died, while in others, almost half of them did. This work carries out a systematic comparison of the subcamp system, a kind of study which does not exist for any other camp system. This is of great significance, because by the end of the war most concentration camps had placed over 80 percent of their prisoners in subcamps. This work therefore offers a comparative framework that is highly useful for further examinations of National Socialist concentration camps, and may also be of benefit to comparative studies of other camp systems, such as Stalin's gulags.
Beyond Repair? explores Mayan women's agency in the search for redress for harm suffered during the genocidal violence perpetrated by the Guatemalan state in the early 1980s at the height of the thirty-six-year armed conflict. The book draws on eight years of feminist participatory action research conducted with fifty-four Q'eqchi', Kaqchikel, Chuj, and Mam women who are seeking truth, justice, and reparation for the violence they experienced during the war, and the women's rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries for over a decade. Alison Crosby and M. Brinton Lykes use the concept of "protagonism" to deconstruct dominant psychological discursive constructions of women as "victims," "survivors," "selves," "individuals," and/or "subjects." They argue that at different moments Mayan women have been actively engaged as protagonists in constructivist and discursive performances through which they have narrated new, mobile meanings of "Mayan woman," repositioning themselves at the interstices of multiple communities and in their pursuit of redress for harm suffered. |
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