The My Lai massacre of March 16, 1968 and the court martial of Lt. William Calley a year and a half later are among the bleakest episodes in American history and continue to provide a volatile focus for debates about the Vietnam War. Other books have exposed the facts surrounding the incident; "Facing My Lai" now examines its haunting legacy through a unique exchange of contemporary viewpoints.

This powerful book emerges from a stellar gathering of historians, military professionals, writers, mental health experts, and Vietnamese and American war veterans convened to memorialize the tragedy. The cast of prominent speakers included journalists Seymour Hersh and David Halberstam, novelist Tim O'Brien, psychiatrist Robert Jay Lifton, military prosecutor William Eckhardt, and veterans Hugh Thompson and Ron Ridenhour--the two true heroes in the My Lai story. David Anderson's reflective recasting of their presentations creates an impassioned chorus of voices that demonstrates why this tragedy remains one of the key emblems of the American experience in Vietnam.

These authors address many of the troubling questions that still persist about My Lai. Why had it been identified as a Viet Cong stronghold? What orders were the troops actually given? Why didn't someone stop the slaughter? But these questions are asked again in the hope that they might lead to a better understanding of what My Lai means for us now.

As these authors show, our nation is still trying to come to grips with the bitter legacies of the Vietnam War. A grim window into the darker side of American history (like the massacre at Wounded Knee), My Lai reminds us of humanity's baffling capacity for atrocity within the crucible of war. Facing My Lai does not allow us to forget or hide from such horrors, but it also seeks to heal the deep wounds inflicted by the war. Its unflinching look at the past ultimately leads us away from darkness and towards a more enlightened understanding of a war that in many ways is not over yet.

Although more than 40 years have passed since the end of World War II, the subject of Nazi war criminals remains a timely and emotionally charged topic of interest to scholars as well as the general public. Administered jointly by the four major Allies, the Nuremberg trial of Hermann Goering and Joachim von Ribbentrop, among other Nazi leaders, has drawn much attention over the years. It was the U.S. Army, however, which was most active in bringing Nazi war criminals to justice and, between 1944 and 1947, the army prosecuted 1,672 individuals for violations of the laws of war. Most of the army's trials remained obscure and little-noticed, even though they dealt with almost 90 percent of all defendants in the American zone. This study examines the treatment of prominent and lesser-known war criminals in the U.S. Zone of Occupation, covering both the trial and clemency aspects of the American war crimes program. In addition, it also explores the relationship between the war criminals issue and U.S. efforts to democratize the Germans, German nationalism, U.S. constitutional issues, the cold war and German rearmament in the 1950s. Finally, the study analyzes the extent to which the U.S. Army war crimes program achieved its stated goals. Based on unpublished sources from both the United States and West Germany, many of which have only recently been declassified, this book provides fresh insight on Nazi war criminals and their treatment, as well as important issues relating to post-war Germany. This book will be of special interest to scholars and historians specializing in European and modern history, post-war Germany, U.S. foreign relations since World War II, the Holocaust, and U.S.military justice and war criminals.

How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.

This title recounts the massacre at Sant'Anna di Stazzema and examines its after effects. During the Nazi occupation of Italy, SS officers were charged with destroying anti-Fascist and anti-Nazi partisans. Paolo Pezzino not only reconstructs the events, but deals with the 'forgetting' of the massacre.

Is it possible that the soldiers of mass atrocities-Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example-act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.

Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

Theodor Meron is probably the world's most important author on issues of international humanitarian law. This book is a collection of his essays on war crimes and related areas, together with a new concluding chapter, from which the book takes its title, which brings together the themes explored in the essays.

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

This accessible book examines poisoning in various contexts of international conflict. It explores the modern-day use of poison in warfare, terrorism, assassination, mass suicide, serial poisoning within healthcare, and as capital punishment. It examines a broad range of international cases from the Americas, Europe, Japan, India and more in relation to Situational Crime Prevention and its theoretical precursors, in order to explore potential prevention strategies and the ways in which perpetrators circumvent them. Case studies include analysis of attempts on the lives of Sergei and Yulia Skripal, the Tokyo subway attacks, the crimes of Dr. Harold Shipman and the Heaven's Gate and Jonestown cults. For each, the means, motive, opportunity, location, and perpetrator-victim relationship is examined. This accessible book speaks to students of criminology and those interested in penology, careers in criminal justice, homicide detectives, anti-terrorism personnel, forensic pathologists and toxicologists.

In June 1998, diplomats met in Rome to draft the Statute of an International Criminal Court. Based on the precedents of the Nuremberg and Tokyo Tribunals and of the War Crimes Tribunals for Former Yugoslavia and Rwanda, the new Court will judge individuals, not States. Unpunished mass slaughters have occurred in many countries. National justice is often ineffective. Truth and reconciliation commissions complement but do not replace justice. International 'Peoples' Tribunals have no international legitimacy. It is hoped that a permanent, international criminal court may combat impunity and deter more crimes.

This timely handbook offers an examination of man's history of war crimes and the parallel development of rules of war to prevent them in the future. Kosovo, Rwanda, Sierra Leone, Darfur, Auschwitz. War crimes have occurred in regions around the world and continue to this day. Although atrocities are as old as war itself, they did not become punishable crimes until the law evolved to define them as such. War Crimes, Genocide, and the Law: A Guide to the Issues examines the types of war crimes and the motivations behind them, as well as the laws that seek to control and abolish these heinous acts. Within the handbook, centuries of war crimes and genocides are analyzed and catalogued. At the same time, the author offers a history of the development of the rules of war, enabling readers to grasp the importance of such precedent-setting events as the 1946 Nuremberg Trials, and to see the gradual evolution of the laws intended to punish perpetrators and prevent future barbarism. Copies of the original humanitarian treaties: the Civil War Lieber Code, Hague Agreements, and Geneva Conventions of 1929 and 1949 Images ranging from a disturbing picture from Life magazine to war crimes photos from the U.S. Military Education and Heritage Center and photos of the Nuremberg Trials A robust bibliography designed to provide interested readers with a sweeping description of the most important sources available

This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan's contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.

Calhoun innovatively examines how the ideology of liberal democracy influences one of the most contentious and potentially traumatic and divisive issues facing countries transitioning from authoritarian regimes to democracy: how to confront the past violations of human rights. Competing views of liberal democracy frame debates about how to confront the past and in particular how to deal with the truth of systematic human rights violations. Democratic values may not determine the precise method of dealing with the past--whether through truth commissions, lustration, or tribunals--but the very process of debate inherent in democratic theory and practice has important implications for the perceived fairness of the result. These implications are examined through a comparison of transitional justice in East Germany, Poland, and Russia. The result is a provocative integration of democratic theory and comparative politics.

Could we ever see Vladimir Putin in the dock for his crimes? What about a Western ally like Benjamin Netanyahu? Putting a country's leader on trial once seemed unimaginable. But as Steve Crawshaw describes in Prosecuting the Powerful - a blend of powerful eyewitness reporting and gripping history - the possibilities of justice have been transformed.

Crawshaw includes recent stories from the front lines of justice in Ukraine, Israel/Palestine and at The Hague, as well as his earlier encounters with war criminals like Slobodan Milošević. He tells the stories of those who have demanded protection for civilians and accountability for war criminals - from the Swiss businessman who is the reason why we have the Geneva Conventions today and the prosecutors at Nuremberg to the Syrian police photographer who helped put one of Bashar al-Assad's torturers behind bars. He also follows the extraordinary unfolding story of two of the world's most powerful and well-connected leaders currently under indictment at the International Criminal Court in The Hague.

From Gaza to Bucha and beyond, survivors seek justice for the crimes committed against them. But for that to happen, governments must finally abandon their double standards and have the courage to support prosecutions of those who commit atrocities, whether opponents or allies.

For all the current darkness, this is a historic opportunity. The scales of justice can and must be balanced. Now is the moment.

Founded in 2000, the German Foundation "Remembrance, Responsibility and Future" is one of the largest transitional justice initiatives in history: in cooperation with its international partner organizations, it has to date paid over 4 billion euros to nearly 1.7 million survivors of forced labour during the Nazi Era. This volume provides an unparalleled look at the Foundation's creation, operations, and prospects after nearly two decades of existence, with valuable insights not just for historians but for a range of scholars, professionals, and others involved in human rights and reconciliation efforts.

This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Cakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.

A masterclass in cat-and-mouse espionage suspense - and the last lost novel - from the iconic Number One bestselling author of A SONG FOR THE DARK TIMES 'Ian Rankin is a genius' Lee Child It always starts with a small lie. That's how you stop noticing the bigger ones. After his friend suspects something strange going on at the launch facility where they both work - and then goes missing - Martin Hepton doesn't believe the official line of "long-term sick leave"... Refusing to stop asking questions, he leaves his old life behind, aware that someone is shadowing his every move. The only hope he has is his ex-girlfriend Jill Watson - the only journalist who will believe his story. But neither of them can believe the puzzle they're piecing together - or just how shocking the secret is that everybody wants to stay hidden... A gripping, page-turning suspense masterclass - experience the brilliance of the iconic Ian Rankin.

This book examines Australia's and the United States' ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world's most vulnerable communities. Discussion within United Nations' reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O'Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers - a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.

Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law'sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.

The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author's personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author's manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.

"Justice at Nuremberg" traces the history of the Nuremberg Doctors' Trial held in 1946-47, as seen through the eyes of the Austrian bliogemigrblioge psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code--a landmark in the history of modern medical ethics--the judges laid down, for the first time, international guidelines for permissible experiments on humans. One of those who helped to formulate the code was Alexander. "Justice at Nuremberg" provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics.

War Crimes and acts of genocide are as old as history itself, but particularly during the 20th century. Yet what are war crimes and acts of genocide? And why did it take the world so long to define these crimes and develop legal institutions to bring to justice individuals and nations responsible such crimes? Part of the answer lies in the nature of the major wars fought in the 20th century and in the changing nature of warfare itself. This study looks at war crimes committed during the Second World War in the USSR, Yugoslavia, Germany, and efforts to bring the perpetrators to justice. This led to successful postwar efforts to define and outlaw such crimes and, more recently, the creation of two international courts to bring war criminals to justice. This did not prevent the commitment of war crimes and acts of genocide throughout the world, particularly in Asia and Africa. And while efforts to bring war criminals to justice has been enhanced by the work of these courts, the problems associated with civil wars, command responsibility, and other issues have created new challenges for the international legal community in terms of the successful adjudication of such crimes. This book was based on a special issue of Nationalities Papers.

Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present. With case studies from Africa, East and Southeast Asia, Europe, South America, and the United States, the Handbook focuses on the political features of historical memory in international relations. Chapters examine key concepts of memory politics, including accountability, commemoration and memorialization, the Europeanization of memory, and the politics of trauma and victimhood, as well as analyzing different sites of memory, from the human body and memorial sites to media, film, and television. It also answers essential questions such as who and what determines the relevance of the past in the present; how does memory become a political question; and what are the political effects and ethical implications of its mobilization? Exploring the links between the politics of memory, international ethics, law, and diplomacy, this stimulating Handbook will be essential reading for students and scholars of politics and international relations, cultural studies, history, and transitional justice. Its discussion of notable agents and practices of memory politics will also be beneficial for practitioners working in human rights, politics, and public policy.

The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.

This major study examines the successes and failures of the full transitional justice programme in Sierra Leone. It sets out the implications of the Sierra Leonean experience for other post-conflict situations and for the broader project of evaluating transitional justice.