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.

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.

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.

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 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

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.

In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period. A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.

From one of the most prominent nationalist voices in late twentieth-century Europe comes this controversial volume on the persistence of violence from past eras into present-day. Franjo Tudjman was once the face of Croatian democracy and sovereignty-a position complicated by his roles as general, president, and historian, and his role in the Bosnian War. Here he examines the Yugoslav Communist creation of a Croatian "black legend" and assesses the nature and scope of the crimes committed by the Ustasha puppet government, particularly at the Jasenovac death camp. He chronicles the systematic use by the Yugoslav regime of Jasenovac and the Ustasha terror as a tool in its attempt to eliminate Croatian aspirations towards independence. Readers of this book will have a candid insight into the mind of a notable and notorious player in contemporary European history. With this book-at once a memoir, a political document, and a broad historic philosophical survey-Tudjman proposes a foundation upon which to build a new creative framework of peace-oriented relationships for the twenty-first century. Horrors of War provides an unparalleled view on the history of national violence from the perspective of a man who played a key role in both the Croatian War of Independence and the later Bosnian War; a sometimes hero, sometimes villain.

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.

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.

"A masterly work of military and judicial history." -New York Times. Telford Taylor's book is a defining piece of World War II literature, an engrossing and reflective eyewitness account of one of the most significant events of our century. In 1945, the Allied nations agreed on a judicial process, rather than summary execution, to determine the fate of the Nazis following the end of World War II. Held in Nuremberg, the ceremonial birthplace of the Nazi Party, the British, American, French, and Soviet leaders contributed both judges and prosecutors to the series of trials that would prosecute some of the most prominent politicians, military leaders and businessmen in Nazi Germany. This is the definitive history of the Nuremberg crimes trials by one of the key participants, Telford Taylor, the distinguished lawyer who was a member of the American prosecution staff and eventually became chief counsel. In vivid detail, Taylor portrays the unfolding events as he "saw, heard, and otherwise sensed them at the time, and not as a detached historian working from the documents might picture them." Table of Contents: 1 Nuremberg and the Laws of War 2 The Nuremberg Ideas 3 Justice Jackson Takes Over 4 Establishing the Court: The London Charter 5 The Defendants and the Charges: Krupp and the German General Staff 6 Berlin to Nuremberg 7 Nuremberg: Pretrial Pains and Problems 8 On Trial 9 The Nuremberg War Crimes Community 10 The SS and the General Staff-High Command 11 Individual Defendants, Future Trials, and Criminal Organizations 12 The French and Soviet Prosecutions 13 The Defendants: Goering and Hess 14 The Defendants: "Murderers' Row" 15 The Defendants: Bankers and Admirals 16 The Defendants: The Last Nine 17 The Closing Arguments 18 The Indicted Organizations 19 The Defendants' Last Words 20 The Judgments of Solomons 21 Judgment: Law, Crime, and Punishment Taylor describes personal vendettas among the Allied representatives and the negotiations that preceded the handing down of sentences. The revelations have not lost their power over the decades: The chamber is reduced to silence when an SS officer recounts impassively that his troops rounded up and killed 90,000 Jews, and panic overcomes the head of the German State Bank as it becomes clear that he knew his institution was receiving jewels and other valuables taken from the bodies of concentration camp inmates.

The beautiful, emotional and true story of a mother and daughter's love and their strength to survive the horrors of the Holocaust.

From invasion to liberation, September 1939 to April 1945, as Renee was marched from ghetto to camp, there was one constant. One hand that clutched hers - her mother's. Every day for nearly six years, mother and daughter were bound together in hell. From Auschwitz-Birkenau to Bergen-Belsen, they were a powerful source of solace and hope for one another.

The strength of Sala's love gave them both something fragile yet beautiful to cling to in an ugly, depraved world. It was her mother who hid Renee, lied to the SS, went right when she was directed left - whose small actions had life-saving consequences. Now, for Renee, the need to share has finally overcome the desire to forget.

A Mother's Promise is a love letter to a mother eighty years in the making.

Thanatourism, or dark tourism, is an increasingly pervasive feature of the contemporary tourism landscape. Travel to have actual or symbolic 'encounters with death' is not a new phenomenon and is now one of the fastest growing areas for debate and research in the study of Tourism. Thanatourism is an important new overview of the growing field. It introduces more rigorous scholarship, new philosophical perspectives and a wealth of empirical material on the contemporary and historical consumption of death with case studies designed to stretch and challenge current discourse. Contexts presented in the book will include- * well known religious sites * battlefield locations * genocide camps *lesser known exhibition centres and a plague site. It takes a broad methodological approach and discusses both research and teaching approaches in thanatourism as well as acknowledging its emotive nature. It is an essential new resource for all those who research or teach in the area as well as for upper level students.

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.

"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.

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.

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.

The Nazi looting machine was notoriously efficient during the Second World War. In the Netherlands, 8.5 million citizens suffered losses estimated at 3.6 billion guilders. Approximately one-third of these losses were borne by Jews, who comprised only 1.6% of the total population. In todays terms, the German occupiers stripped the Jewish population of assets worth $7 billion.Nazi Looting offers a comprehensive history of the Dutch experience and demonstrates how reputable indigenous institutions acted as willing collaborators. Beginning with a survey of international law and various definitions of 'looting', the author shows how the Germans systematically robbed Dutch Jewry through a variety of means that gave the outward appearance of honest trading. Forced to sell under duress and at unreasonably low prices, few dared refuse the German on the doorstep when threatened with prison or incarceration in a camp.The plundering was total and systematic. In May 1940, a team of highly trained art historians, linguists, musicologists and literary experts arrived immediately behind the victorious German troops to catalogue the vast collections for Hitler. From 1941, Jews were compelled to deposit all their money into a bank called Lippmann, Rosenthal Co. The name of the bank itself was a cynical ploy since it was taken from a respected, Jewish-owned Amsterdam bank and presented as a new branch. This bank, however, simply channelled money into the Third Reich with the help of the Amsterdam Stock Exchange, insurance brokers and other well-established Dutch banks. Once the Jews were deported, their houses were emptied and the contents used to re-furnish bombed out areas of the Reich. In common with many other formerly Nazi-occupied countries in Europe, the Netherlands has been unable to retrieve many of its pre-war assets. More than fifty years after the wars end, 20% of its most important pre-war museum exhibits and approximately 80% of the less important works remain untraced

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

This book argues that punishment's function is to communicate a message about an offenders' wrongdoing to society at large. It discusses both 'paradigmatic' cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.

This book provides readers with a critical analysis of the restorative justice efforts of the Ovaherero and Nama communities in Namibia, who contend that they should receive reparations for what happened to their ancestors during, and after the 1904–1908 German-Ovaherero/Nama war. Arguing that indigenous communities who once lived in a German colony called “German South West Africa� suffered from a genocide that could be compared to the World War II Holocaust Namibian activists sued Germany and German corporations in U.S. federal courts for reparations. The author of this book uses a critical genealogical approach to all of this “lawfare� (the politicizing of the law) in order to illustrate some of the historical origins of this quest for social justice. Portions of the book also explain some of the historical and contemporary realpolitik barriers that stood in the way of Ovaherero and Nama activists who were asking for acknowledgments of the “Namibian genocide,� apologies from German officials, repatriation of human remains from colonial times as well as restitution that might help with land redistribution in today’s Namibia. This book shows many of the difficulties that confront those indigenous communities who ask twenty-first century audiences to pay restitution for large-scale colonial massacres or imperial genocides that might have taken place more than a hundred years ago.