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.

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.

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.

This book examines the most polemical atrocity of the Spanish civil war: The massacre of 2,500 political prisoners by Republican security forces in the villages of Paracuellos and Torrejon de Ardoz near Madrid in November/December 1936. The atrocity took place while Santiago Carrillo -- later Communist Party leader in the 1970s -- was responsible for public order. Although Carrillo played a key role in the transition to democracy after Franco's death in 1975, he passed away at the age of 97 in 2012 still denying any involvement in 'Paracuellos' (the generic term for the massacres). The issue of Carrillo's responsibility has been the focus of much historical research. Julius Ruiz places Paracuellos in the wider context of the 'Red Terror' in Madrid, where a minimum of 8,000 'fascists' were murdered after the failure of military rebellion in July 1936. He rejects both 'revisionist' right-wing writers such as Cesar Vidal who cite Paracuellos as evidence that the Republic committed Soviet-style genocide and left-wing historians such as Paul Preston, who in his Spanish Holocaust argues that the massacres were primarily the responsibility of the Soviet secret police, the NKVD. The book argues that Republican actions influenced the Soviets, not the other way round: Paracuellos intensified Stalin's fears of a 'Fifth Column' within the USSR that facilitated the Great Terror of 193738. It concludes that the perpetrators were primarily members of the Provincial Committee of Public Investigation (CPIP), a murderous all-leftist revolutionary tribunal created in August 1936, and that its work of eliminating the 'Fifth Column' (an imaginary clandestine Francoist organisation) was supported not just by Carrillo, but also by the Republican government. In Autumn 2015 the book was serialised in El Mundo, Spain's second largest selling daily, to great acclaim.

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

Based on extensive archival research, this book offers a historical examination of the arrest, trial and punishment of the leaders of the SS-Einsatzgruppen - the mobile security and killing units employed by the Nazis in their racial war on the Eastern front. Sent to the Soviet Union in the summer of 1941, four units of the Einsatzgruppen, along with reinforcements, murdered approximately 1 million Soviet civilians in open air shootings and in gas vans and, in 1947, twenty-four leaders of these units were indicted for crimes against humanity and war crimes for their part in the murders. In addition to describing the legal proceedings that held these men accountable, this book also examines historiographical trends and perpetrator paradigms and expounds on such contested issues as the timing and genesis of the Final Solution, the perpetrators' route to crime and their motivation for killing, as well as discussing the tensions between law and history.

The 20th century saw the unlawful killing of approximately 200 million civilians. Sadly, the conflicts and tensions that gave rise to these deaths continue into the 21st century and the task of those involved in investigating mass murder, war crimes and genocide is larger than ever. "Forensic Archaeology, Anthropology and the Investigation of Mass Graves" provides clear theory and practice for investigators in training, and aims to establish best practice by forensic practitioners. Offering detailed advice on locating and excavating graves, the analysis of human remains, and the surrounding social, political and legal contexts - this book, is a useful reference.

'GRIPPING' - THE TIMES 'FASCINATING, NO-HOLDS-BARRED' - THE SECRET BARRISTER How can you speak up for someone accused of a savage murder? Or sway a jury? Or get a judge to drop a case? William Clegg QC is a leading criminal lawyer in London. In this vivid memoir, he revisits his most notorious and intriguing trials, from the acquittal of Colin Stagg to the murder of Jill Dando, to the man given life because of an earprint and the first Nazi war crimes prosecution in the UK. All the while he lays bare the secrets of his profession, from the rivalry among barristers to the nervous moments before a verdict comes back - and how our right to a fair trial is now at risk. Under the Wig is for anyone who wants to know the reality of a murder trial. It's an intelligent crime read for fans of The Secret Barrister's books and Unnatural Causes by Dr Richard Shepherd. Well-known cases featured: Murder of Rachel Nickell on Wimbledon Common Chillenden Murders of Dr Lin and Megan Russell Lee Clegg, when Labour leader Keir Starmer was his junior Murder of Jill Dando First Nazi war crimes prosecution in the UK Murder of Joanna Yeates Rebekah Brooks Phone Hacking Trial

WRITTEN WITH UNPRECEDENTED ACCESS, THIS IS THE FIRST INSIDE, INTIMATE ACCOUNT OF THE RUSSIAN INVASION OF UKRAINE FROM THE PERSPECTIVE OF PRESIDENT ZELENSKY AND HIS TEAM.

Based on four years of reporting; extensive travels with President Zelensky to the front; and dozens of interviews with him, his wife, his friends and enemies, his advisers, ministers and military commanders, The Showman tells an intimate and eye-opening story of the President’s evolution from a slapstick actor to a symbol of resilience, revealing how he managed to rally the world’s democracies behind his cause.

Clear-eyed about the President’s early failures as a peacemaker and his willingness to silence political dissent, the book offers a complex picture of a man struggling to break what he sees as a historical cycle of oppression that began generations before he was born. Even as the war drags on, Zelensky lays out his vision for its future course and, through his actions, demonstrates his strategy for countering the Russians and keeping the West on his side. The result is a riveting, up-close picture of the invasion as experienced by its number one target and improbable hero.

The Showman, as a work of eyewitness journalism, provides an essential perspective on the war defining our age. As a study in leadership and human resolve, its appeal is timeless and universal.

The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of todays armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenhausers text will be essential to academics and practitioners alike.

Time correspondent Simon Shuster delivers the unmissable account of the Russian invasion of Ukraine, written and reported from inside the presidential compound in Kyiv, based on Shuster's unparalleled access to President Zelensky and his top aides.

Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.

International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.

During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near the Belgian town of Malmedy-the deadliest mass execution of U.S. soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre-and the decade-long controversy that followed-to set the record straight. After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators-some of them Jewish emigres-had coerced false confessions and that heat of battle conditions, rather than superiors' orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution's true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957. The Malmedy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS's brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war's most infamous crimes through a systematic campaign of fabrications and distortions.

This comprehensive reference work serves as an important resource for anyone interested in the international prosecution of war crimes and how it has evolved. War Crimes and Trials analyzes the evolution of war crime trials through primary sources. Beginning with a general discussion of why regulations for war have evolved, it then illustrates the resulting changes in the nature and consequences of war as well as attitudes toward war as a part of international life. Moreover, it contextualizes contemporary rules that pertain to both international and non-international armed conflicts. The heart of the book focuses on 12 World War II cases central to the development of war law over the next 50 years, including the Nuremberg and Tokyo trials of major war criminals. It additionally dedicates discussion to the evolution of the law after World War II as set in motion by the United Nations, the 1949 Geneva Conventions and amendments, the background and operation of the ad hoc international criminal courts, and the creation of the permanent International Criminal Court, illustrating problems and successes through 12 cases drawn from these four courts. Walks readers through the evolution of present standards of battlefield conduct Concisely summarizes the background of each war crime trial Shows through testimony how standards have been applied in war crime trials Leads readers to understand the difficulty of international prosecution for war crimes Provides resources for further study

Slave Labor in Nazi Concentration Camps examines the slave labor carried out by concentration camp prisoners from 1942 and the effect this had on the German wartime economy. This work goes far beyond the sociohistorical 'reconstructions' that dominate Holocaust studies - it combines cultural history with structural history, drawing relationships between social structures and individual actions. It also considers the statements of both perpetrators and victims, and takes the biographical approach as the only possible way to confront the destruction of the individual in the camps after the fact. The first chapter presents a comparative analysis of slave labor across the different concentration camps, including Auschwitz, Buchenwald, and Dachau. The subsequent chapters analyse the similarities and differences between various subcamps where prisoners were utilised for the wartime economy, based on the example of the 86 subcamps of Neuengamme concentration camp, which were scattered across northern Germany. The most significant difference between conditions at the various subcamps was that in some, hardly any prisoners died, while in others, almost half of them did. This work carries out a systematic comparison of the subcamp system, a kind of study which does not exist for any other camp system. This is of great significance, because by the end of the war most concentration camps had placed over 80 percent of their prisoners in subcamps. This work therefore offers a comparative framework that is highly useful for further examinations of National Socialist concentration camps, and may also be of benefit to comparative studies of other camp systems, such as Stalin's gulags.

Divided societies, tormented pasts, and unrepentant perpetrators. Why are some countries more intent on vanquishing uncomfortable pasts than others? How do public and often unsightly attempts at memorialisation both fail the victims and valorize their oppressors? This book offers fresh and original perspectives on dictatorship, fascism and victimization from the bloodiest decades in Europe's, Australia's and Central America's colonial and modern history. Chapters include analyses of Francoist memorials in Spain, assessments of the El Mozote massacre in El Salvador, the forgetting of frontier colonial violence in Tasmania, Romania's treatment of its Roma populations in the midst of Holocaust memorialization in Bucharest's urban development, and whether or not the Holocaust continues to serve as an instructional model or impossible aspiration for cross-cultural genocide memorialization strategies. In an era of ongoing political, ethnic and religious conflict, and unrepentant insurgent activity around the world, this collection reminds readers that genocidal actions, wherever and whenever they occurred, must be held to account by more than rhetoric and concrete memory. This book was originally published as a special issue of the Journal of Genocide Research.

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

Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.

The Milo%sevi'c Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice.
The international trial of Slobodan Milo%sevi'c, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milo%sevi'c died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create.
The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milo%sevi'c Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'.
The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted.
The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials.
As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.

The first comprehensive monograph on the defence of superior orders after the second world war, which remains pre-eminent in the field, the republication of this highly-sophisticated work once again makes this book available to scholars and students in the field. First published in 1965, Yoram Dinstein set the standard for future analysis of this issue, providing a ground-breaking interpretation that integrated domestic and international law to provide a subtle and nuanced challenge to the countervailing perceptions of the time, shaped as they were by the Nuremburg and Eichmann trials. The recent jurisprudence of the ad hoc Tribunals has shown remarkably similar analyses to those offered by Dinstein in this book, demonstrating that this key work remains relevant today. Reviewing the relevant precedents that existed at the time, this book shows that superior orders were not, in and of themselves, a defence, but that orders were relevant to other defences, and therefore should not be entirely ignored. Assessing the issue on a conceptual and practical level, and offering an extraordinary level of detail, this is a is a seminal work in international criminal law. It makes required reading for scholars, students, and practitioners of international criminal law.

This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable.
By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defense of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.