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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes > General

Judging the Past in Unified Germany (Hardcover): A.James McAdams Judging the Past in Unified Germany (Hardcover)
A.James McAdams
R1,573 R1,338 Discovery Miles 13 380 Save R235 (15%) Ships in 10 - 15 working days

In recent years, no modern democracy has taken more aggressive steps to come to terms with a legacy of dictatorship than has the Federal Republic of Germany with the crimes and injustices of Communist East Germany. In this book, A. James McAdams provides a comprehensive and engaging examination of the four most prominent instances of this policy: criminal trials for the killings at the Berlin Wall; the disqualification of administrative personnel for secret-police ties; parliamentary truth-telling commissions; and private property restitution. On the basis of extensive interviews in Bonn and Berlin over the 1990s, McAdams gives new insight into the difficulties German politicians, judges, bureaucrats, and public officials faced sitting in judgment on the affairs of another state. He argues provocatively that the success of their policies must be measured in terms of the way they used East German history to justify their actions. In 1997, A. James McAdams was awarded the DAAD Prize for Distinguished Scholarship in German Studies. He is Professor and Chair of the Department of Government and International Studies at University of Notre Dame, in Notre Dame, Indiana. He is the author of East Germany and Détente (Cambridge University Press, 1985), Germany Divided: From the Wall to Reunification (Princeton University Press, 1992), and co-author of Rebirth: A Political History of Europe Since World War II (Westview Press, 1999). McAdams is also editor of Transitional Justice and the Rule of Law in New Democracies (University of Notre Dame Press, 1997).

Judging the Past in Unified Germany (Paperback): A.James McAdams Judging the Past in Unified Germany (Paperback)
A.James McAdams
R848 Discovery Miles 8 480 Ships in 10 - 15 working days

In recent years, no modern democracy has taken more aggressive steps to come to terms with a legacy of dictatorship than has the Federal Republic of Germany with the crimes and injustices of Communist East Germany. In this book, A. James McAdams provides a comprehensive and engaging examination of the four most prominent instances of this policy: criminal trials for the killings at the Berlin Wall; the disqualification of administrative personnel for secret-police ties; parliamentary truth-telling commissions; and private property restitution. On the basis of extensive interviews in Bonn and Berlin over the 1990s, McAdams gives new insight into the difficulties German politicians, judges, bureaucrats, and public officials faced sitting in judgment on the affairs of another state. He argues provocatively that the success of their policies must be measured in terms of the way they used East German history to justify their actions. In 1997, A. James McAdams was awarded the DAAD Prize for Distinguished Scholarship in German Studies. He is Professor and Chair of the Department of Government and International Studies at University of Notre Dame, in Notre Dame, Indiana. He is the author of East Germany and Détente (Cambridge University Press, 1985), Germany Divided: From the Wall to Reunification (Princeton University Press, 1992), and co-author of Rebirth: A Political History of Europe Since World War II (Westview Press, 1999). McAdams is also editor of Transitional Justice and the Rule of Law in New Democracies (University of Notre Dame Press, 1997).

The Witnesses - War Crimes and the Promise of Justice in The Hague (Paperback): Eric Stover The Witnesses - War Crimes and the Promise of Justice in The Hague (Paperback)
Eric Stover
R714 Discovery Miles 7 140 Ships in 18 - 22 working days

In recent years, the world community has demonstrated a renewed commitment to the pursuit of international criminal justice. In 1993, the United Nations established two ad hoc international tribunals to try those responsible for genocide and crimes against humanity in the former Yugoslavia and Rwanda. Ten years later, the International Criminal Court began its operations and is developing prosecutions in its first two cases (Congo and Uganda). Meanwhile, national and hybrid war crimes tribunals have been established in Sierra Leone, Kosovo, Serbia and Montenegro, Croatia, Bosnia and Herzegovina, East Timor, Indonesia, Iraq, and Cambodia. Thousands of people have given testimony before these courts. Most have witnessed war crimes, including mass killings, torture, rape, inhumane imprisonment, forced expulsion, and the destruction of homes and villages. For many, testifying in a war crimes trial requires great courage, especially as they are well aware that war criminals still walk the streets of their villages and towns. Yet despite these risks, little attention has been paid to the fate of witnesses of mass atrocity. Nor do we know much about their experiences testifying before an international tribunal or the effect of such testimony on their return to their postwar communities. The first study of victims and witnesses who have testified before an international war crimes tribunal, The Witnesses examines the opinions and attitudes of eighty-seven individuals-Bosnians, Muslims, Serbs, and Croats-who have appeared before the International Criminal Tribunal for the former Yugoslavia.

Understanding Evil - Lessons from Bosnia (Hardcover): Keith Doubt Understanding Evil - Lessons from Bosnia (Hardcover)
Keith Doubt
R2,130 Discovery Miles 21 300 Ships in 18 - 22 working days

Understanding Evil seeks to articulate the evil that happened in Bosnia within the context of war crimes and crimes against humanity. Its analysis centers on the question of whether it is possible to understand evil as action. Since the foundations of the social are found in human action, evil's assault on these foundations results in the demise of the social. While evil simulates the outer form of action, ultimately evil belies itself as action. Can someone act with an evil end? Socrates says no, no one willingly does evil. Although, with a mixture of reason and empiricism, the author tries hard to overcome the Socratic positionasearching for evil's agency, purpose, means, conditions, and ethosain the end, the search fails. The author concludes by accepting the Socratic position: action whose end is evil is unthinkable. This tack provides an alternative to recent theorizing about evil by philosophers such as Richard Bernstein and Jeffrey Alexander.The book understands evil via a neologismaas sociocide, the murdering of society. In Bosnia, not only were families destroyed, but their homes as well. Not only were bridges, libraries, schools, mosques, and churches demolished, but towns and cities were obliterated. Bosnian Muslims were murdered behind the mindless rhetoric of "ethnic cleansing," and their history and collective memory were viciously attacked. In the first case, the social violence is called "domicide," in the second, "urbicide," and in the third, "genocide." In Bosnia, however, war took on a truly twisted orientation. Not only were social structures and institutions attacked, but society itself became the target. The book develops the significance of sociocide as theconsequence of evil in order to understand the suffering and tragedy of people and communities in Bosnia.

Evidence Not Seen - A Woman's Miraculous Faith in the Jungles of World War II (Paperback): Darlene Deibler Rose Evidence Not Seen - A Woman's Miraculous Faith in the Jungles of World War II (Paperback)
Darlene Deibler Rose
R419 R387 Discovery Miles 3 870 Save R32 (8%) Ships in 18 - 22 working days

This is the true story of a young American missionary woman courage and triump of faith in the jungles of New Guinea and her four years in a notorious Japanese prison camp. Never to see her husband again, she was forced to sign a confession to a crime she did not commit and face the executioner's sword, only to be miraculously spared.

Crimes of the Holocaust - The Law Confronts Hard Cases (Hardcover, New): Stephan Landsman Crimes of the Holocaust - The Law Confronts Hard Cases (Hardcover, New)
Stephan Landsman
R1,800 Discovery Miles 18 000 Ships in 18 - 22 working days

Crimes of the Holocaust The Law Confronts Hard Cases Stephan Landsman The problem of prosecuting individuals complicit in the Nazi regime's "Final Solution" is almost insurmountably complex and has produced ever less satisfying results as time has passed. In "Crimes of the Holocaust," Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, each legal action relies on the framework of its predecessors. However, this only compounds the problematic issues arising from the Nuremberg proceedings. Meticulously combing volumes of testimony and documentary information about each case, Landsman offers judicious and critical assessments of the proceedings. He levels pointed criticism at numerous elements of this relatively recent judicial invention, sparing neither judges nor counsel and remaining keenly aware of the human implications. Deftly weaving legal analysis with cultural context, Landsman offers the first rigorous examination of these problematic proceedings and proposes guideposts for contemporary tribunals. "Crimes of the Holocaust" is an authoritative account of the Gordian knot of genocide prosecution in the world courts, which will persist as a confounding issue as we are faced with a trial of Saddam Hussein. This volume will be compelling reading for legal scholars as well as laypersons interested in these cases and the issues they address. Stephan Landsman is Robert A. Clifford Professor of Tort Law and Social Policy at DePaul University. Pennsylvania Studies in Human Rights 2005 320 pages 6 x 9 ISBN 978-0-8122-3847-1 Cloth $59.95s 39.00 ISBN 978-0-8122-0257-1 Ebook $59.95s 39.00 World Rights Law Short copy: Landsman discusses the difficulties inherent in prosecuting crimes against humanity, from the Eichmann trial to Milosevic.

Beyond the Mountains of the Damned - The War inside Kosovo (Paperback): Matthew McAllester Beyond the Mountains of the Damned - The War inside Kosovo (Paperback)
Matthew McAllester
R1,002 Discovery Miles 10 020 Ships in 18 - 22 working days

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

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

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

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

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

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

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

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

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

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

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

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

Law and War - An American Story (Paperback, New ed): Peter Maguire Law and War - An American Story (Paperback, New ed)
Peter Maguire
R1,202 Discovery Miles 12 020 Ships in 18 - 22 working days

When does the waging of war become a criminal act? And who is in a position to judge? Ranging from the American Indian wars to the Civil War to World War I, and culminating with the Nuremberg and Tokyo trials following the Second World War, Peter Maguire provides much-needed historical perspective on the crucial and ever more urgent issues of war and justice. His examples illustrate the gradations of political justice and the perpetual redefinition of war crimes across three continents and more than a century of American foreign policy.

The Question of German Guilt (Hardcover, 2nd Revised edition): Karl Jaspers The Question of German Guilt (Hardcover, 2nd Revised edition)
Karl Jaspers
R2,507 Discovery Miles 25 070 Ships in 18 - 22 working days

Shortly after the Nazi government fell, a philosophy professor at Heidelberg University lectured on a subject that burned the consciousness and conscience of thinking Germans. aAre the German people guilty?a These lectures by Karl Jaspers, an outstanding European philosopher, attracted wide attention among German intellectuals and students; they seemed to offer a path to sanity and morality in a disordered world. Jaspers, a life-long liberal, attempted in this book to discuss rationally a problem that had thus far evoked only heat and fury. Neither an evasive apology nor a wholesome condemnation, his book distinguished between types of guilt and degrees of responsibility. He listed four categories of guilt: criminal guilt (the commitment of overt acts), political guilt (the degree of political acquiescence in the Nazi regime), moral guilt (a matter of private judgment among oneas friends), and metaphysical guilt (a universally shared responsibility of those who chose to remain alive rather than die in protest against Nazi atrocities). Karl Jaspers (1883a1969) took his degree in medicine but soon became interested in psychiatry. He is the author of a standard work of psychopathology, as well as special studies on Strindberg, Van Gogh and Nietsche. After World War I he became Professor of Philosophy at Heidelberg, where he achieved fame as a brilliant teacher and an early exponent of existentialism. He was among the first to acquaint German readers with the works of Kierkegaard. Jaspers had to resign from his post in 1935. From the total isolation into which the Hitler regime forced him, Jaspers returned in 1945 to a position of central intellectual leadership of the younger liberalelements of Germany. In his first lecture in 1945, he forcefully reminded his audience of the fate of the German Jews. Jaspersas unblemished record as an anti-Nazi, as well as his sentient mind, have made him a rallying point center for those of his compatriots who wish to reconstruct a free and democratic Germany.

The Trial of Hissene Habre - How the People of Chad Brought a Tyrant to Justice (Paperback): Celeste Hicks The Trial of Hissene Habre - How the People of Chad Brought a Tyrant to Justice (Paperback)
Celeste Hicks
R680 Discovery Miles 6 800 Ships in 10 - 15 working days

When Hissene Habre, the deposed dictator of Chad, was found guilty of crimes against humanity in 2016, it was described as 'a watershed for human rights justice in Africa and beyond'. For the first time, an African war criminal had been convicted on African soil. Having followed the trial from the very beginning and interviewed many of those involved, journalist Celeste Hicks tells the remarkable story of how Habre was brought to justice. His conviction followed a heroic 25 year campaign by activists and survivors of Habre's atrocities, which succeeded despite international indifference, opposition from Habre's allies, and several failed attempts to bring him to trial in Europe and elsewhere. In the face of such overwhelming odds, the conviction of a once untouchable tyrant represents a major turning point, with profound implications for African justice and the future of human rights activism globally.

The Jews of Paris and the Final Solution - Communal Response and Internal Conflicts, 1940-1944 (Paperback, New Ed): Jacques... The Jews of Paris and the Final Solution - Communal Response and Internal Conflicts, 1940-1944 (Paperback, New Ed)
Jacques Adler
R1,890 Discovery Miles 18 900 Ships in 10 - 15 working days

In this work Jacques Adler, a former member of the French resistance, asks: "Are people powerless when confronted with a State determined to destroy them? Why didn't more Jews survive the Holocaust? How did we survive? Did we, the survivors, do all that we could, at the time, to help more people survive?" In answering these questions, Adler examines the diverse Jewish organizations that existed in Paris during the German occupation from 1940 to 1944. The first part of the book analyzes the national composition of the Jewish population, its expropriation and daily life. The remaining chapters discuss the roles, activities, and policies of various Jewish organizations as they supported Jews in their search for survival, alerted the non-Jewish population to the terrible threat faced by every Jewish family, and acted as representatives of the Jewish people--a role that led to inevitable administrative cooperation with the Nazis and Vichy.
Combining careful scholarship with a survivor's zeal to set the record straight, Adler gives an insider's account of resistance members, whose determination was born of the pain and anger that came from the loss of loved ones, whose political ideology sustained them even when they faced the threat of starvation and the loneliness of clandestine existence, and whose anguish was all the more intense because they belonged to that community in Paris that was selected as fodder for the "Final Solution." Thoroughly researched and drawing upon previously unavailable materials, Adler presents an important portrait of communal solidarity and communal conflict, of heroes and those whose courage failed.

Quasi-state Entities and International Criminal Justice - Legitimising Narratives and Counter-Narratives (Hardcover): Ernst... Quasi-state Entities and International Criminal Justice - Legitimising Narratives and Counter-Narratives (Hardcover)
Ernst Dijxhoorn
R4,637 Discovery Miles 46 370 Ships in 10 - 15 working days

This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of 'quasi-state entity' is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.

Anarchism, 1914-18 - Internationalism, Anti-Militarism and War (Paperback): Ruth Kinna, Matthew S. Adams Anarchism, 1914-18 - Internationalism, Anti-Militarism and War (Paperback)
Ruth Kinna, Matthew S. Adams
R893 Discovery Miles 8 930 Ships in 10 - 15 working days

Anarchism 1914-18 is the first systematic analysis of anarchist responses to the First World War. It examines the interventionist debate between Peter Kropotkin and Errico Malatesta which split the anarchist movement in 1914 and provides a historical and conceptual analysis of debates conducted in European and American movements about class, nationalism, internationalism, militarism, pacifism and cultural resistance. Contributions discuss the justness of war, non-violence and pacifism, anti-colonialism, pro-feminist perspectives on war and the potency of myths about the war and revolution for the reframing of radical politics in the 1920s and beyond. Divisions about the war and the experience of being caught on the wrong side of the Bolshevik Revolution encouraged anarchists to reaffirm their deeply-held rejection of vanguard socialism and develop new strategies that drew on a plethora of anti-war activities. -- .

Hunt for Nazis - South America's Dictatorships and the Prosecution of Nazi Crimes (Hardcover, 0): Daniel Stahl Hunt for Nazis - South America's Dictatorships and the Prosecution of Nazi Crimes (Hardcover, 0)
Daniel Stahl
R4,059 Discovery Miles 40 590 Ships in 18 - 22 working days

Hunt for Nazis is the first comprehensive account of the post-1945 efforts to bring Nazi war criminals who had escaped to South America to justice. The author shows that the Nazi hunt -- which resulted in spectacular cases like the kidnapping of Adolf Eichmann -- should not only be understood as part of the afterlife of the Third Reich, but that it also became an integral aspect of dealing with repression at the hands of authoritarian regimes in South America. Dissidents and human rights activists assumed that the escaped Nazi perpetrators and collaborators continued to be involved in violent crimes in the service of these new dictatorships.

The Palgrave Handbook of Criminology and War (Hardcover, 1st ed. 2016): Ross McGarry, Sandra Walklate The Palgrave Handbook of Criminology and War (Hardcover, 1st ed. 2016)
Ross McGarry, Sandra Walklate
R8,769 Discovery Miles 87 690 Ships in 10 - 15 working days

This interdisciplinary Handbook brings together into one coherent volume a range of international authors, who firmly establish the relevance of war within the discipline of criminology. The chapters address emerging and prevailing issues in the criminological study of war, including state crime, corporate crime, victimology, genocide, policing, security and various forms of violence. Taking a critical standpoint including feminist, cultural, and radical approaches amongst others, the Handbook is split into five clear sections: (1) The Criminogenic Contexts of War; (2) Violence and Victimization at War; (3) Violence, War and Security; (4) Perpetrators of Violence and the Aftermath of War; and (5) Cultural and Methodological Developments for a Criminology of War. Edited by two leading experts in the field, this Handbook provides an original point of reference on the contemporary debates and applications of criminology and war and will be a key resource for academics and students across criminology, international relations, critical military studies, military sociology, peace studies and law.

Alpha - a reckoning for the Navy SEALs (Paperback): David Philipps Alpha - a reckoning for the Navy SEALs (Paperback)
David Philipps
R480 Discovery Miles 4 800 Ships in 10 - 15 working days

The shocking, true story of a soldier gone rogue, and the court martial case that divided America. This is the full story of Eddie Gallagher, a US recruit who was inspired to serve his nation, who became addicted to combat, and whose need to prove himself among his fellow soldiers pushed him to extremes. His actions during a combat deployment to Mosul would divide his platoon, then the SEALs, the Navy, the armed forces, the government, and even the American public, when the President intervened in his trial. Alpha is an examination of how culture within the military has evolved since 9/11. In an endless war without major victories, the media has instead celebrated achievements of SEAL missions - such as the killing of Osama Bin Laden, the rescuing of Captain Phillips, and the survival of Marcus Luttrell. But the SEALs' popularity blinded the public to what was also happening within the armed forces. When Gallagher was accused of killing an unarmed enemy combatant, it created a scandal that reached the White House and millions around the world.

United States Law and Policy on Transitional Justice - Principles, Politics, and Pragmatics (Paperback): Zachary D Kaufman United States Law and Policy on Transitional Justice - Principles, Politics, and Pragmatics (Paperback)
Zachary D Kaufman
R1,248 Discovery Miles 12 480 Ships in 10 - 15 working days

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.

Health and the National Health Service (Hardcover, 2nd edition): John Carrier, Ian Kendall Health and the National Health Service (Hardcover, 2nd edition)
John Carrier, Ian Kendall
R4,490 Discovery Miles 44 900 Ships in 10 - 15 working days

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.

Accountability for Mass Starvation - Testing the Limits of the Law (Hardcover): Bridget Conley, Alex de Waal, Catriona Murdoch,... Accountability for Mass Starvation - Testing the Limits of the Law (Hardcover)
Bridget Conley, Alex de Waal, Catriona Murdoch, Wayne Jordash Qc
R3,391 Discovery Miles 33 910 Ships in 10 - 15 working days

Famine is an age-old scourge that almost disappeared in our lifetime. Between 2000 and 2011 there were no famines and deaths in humanitarian emergencies were much reduced. The humanitarian agenda was ascendant. Then, in 2017, the United Nations identified four situations that threatened famine or breached that threshold in north-eastern Nigeria, Somalia, South Sudan, and Yemen. Today, this list is longer. Each of these famines is the result of military actions and exclusionary, authoritarian politics conducted without regard to the wellbeing or even the survival of people. Violations of international law including blockading ports, attacks on health facilities, violence against humanitarian workers, and obstruction of relief aid are carried out with renewed impunity. Yet there is an array of legal offenses, ranging from war crimes and crimes against humanity to genocide, available to a prosecutor to hold individuals to account for the deliberate starvation of civilians. However, there has been a dearth of investigations and accountability for those violating international law. The reasons for this neglect and the gaps between the black-letter law and practice are explored in this timely volume. It provides a comprehensive overview of the key themes and cases required to catalyze a new approach to understanding the law as it relates to starvation. It also illustrates the complications of historical and ongoing situations where starvation is used as a weapon of war, and provides expert analysis on defining starvation, early warning systems, gender and mass starvation, the use of sanctions, journalistic reporting, and memorialization of famine.

The Defence of Mistake of Law in International Criminal Law - A Study on Ignorance and Blame (Hardcover): Antonio Coco The Defence of Mistake of Law in International Criminal Law - A Study on Ignorance and Blame (Hardcover)
Antonio Coco
R3,089 Discovery Miles 30 890 Ships in 10 - 15 working days

The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

They Would Never Hurt A Fly - War Criminals on Trial in The Hague (Paperback): Slavenka Drakulic They Would Never Hurt A Fly - War Criminals on Trial in The Hague (Paperback)
Slavenka Drakulic
R362 R325 Discovery Miles 3 250 Save R37 (10%) Ships in 9 - 17 working days

Slavenka Drakulic attended the Serbian war crimes trial in the Hague. Her book is an accessible, involving and moving account of how ordinary people commit terrible crimes in wartime. Drawing readers into this difficult subject, Drakulic explores everything from the monstrous Slobodan Milosevich and his evil "Lady Macbeth" of a wife, to humble Serb soldiers who claim they were "just obeying orders". She enters the minds of the killers, but also reveals stories of bravery and survival, both from those who helped Bosnians escape from the Serbs and from those who risked their lives to help them.

The 'War on Terror', State Crime & Radicalization - A Constitutive Theory of Radicalization (Paperback, 1st ed.... The 'War on Terror', State Crime & Radicalization - A Constitutive Theory of Radicalization (Paperback, 1st ed. 2020)
Shamila Ahmed
R2,047 R1,917 Discovery Miles 19 170 Save R130 (6%) Ships in 9 - 17 working days

This book examines the 'war on terror' and radicalization from an ontological, non-state centric perspective. Since 9/11, criminology has developed in its study of terrorism, utilising alternative non-state centric frameworks to uncover and make visible state-initiated harm. Although progress has been achieved, criminology has continued to privilege the state, thereby failing to uncover forms of state crime and how such crimes facilitate radicalization and terrorism. Ahmed aims to rectify this gap by demonstrating how crimes of the state have contributed to the existence of Islamist-inspired terrorism and the emergence of global Jihadist organisations like Al-Qaeda and ISIS. The 'War on Terror' abandons the dominant socially-constructed discourse and application of the 'war on terror' and instead favours a grounded approach whereby actors, actions and consequences are analysed according to the risk they represent. Ahmed achieves this grounded approach through situating state practices in international human rights law and international humanitarian law. Through documenting the intersectionality of these practices with radicalization in the emergence of global Jihadist organisations, the book demonstrates how state crimes contribute to terrorism. Although the book sits at the intersections of critical criminology, state crime, international/transnational crime, it is relevant to all disciplines that are concerned with state crime, terrorism and radicalization.

Sex and the Nazi Soldier - Violent, Commercial and Consensual Contacts During the War in the Soviet Union, 1941-1945... Sex and the Nazi Soldier - Violent, Commercial and Consensual Contacts During the War in the Soviet Union, 1941-1945 (Hardcover)
Regina Muhlhauser; Translated by Jessica Spengler
R3,163 R2,721 Discovery Miles 27 210 Save R442 (14%) Ships in 9 - 17 working days

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.

Men to Devils, Devils to Men - Japanese War Crimes and Chinese Justice (Hardcover): Barak Kushner Men to Devils, Devils to Men - Japanese War Crimes and Chinese Justice (Hardcover)
Barak Kushner
R1,621 Discovery Miles 16 210 Ships in 18 - 22 working days

The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men "analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War.

Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics.

In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men "reveals a Cold War dynamic that still roils East Asian relations today.

Atrocity and American Military Justice in Southeast Asia - Trial by Army (Paperback): Louise Barnett Atrocity and American Military Justice in Southeast Asia - Trial by Army (Paperback)
Louise Barnett
R1,786 Discovery Miles 17 860 Ships in 10 - 15 working days

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.

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