The Tokyo International Military Tribunal (IMT) is not frequently discussed in the literature on international criminal law, and it is often thought that it was little more (and possibly less) than a footnote to the Nuremberg proceedings. This work seeks to dispel this widely-held belief, by showing the way in which the Tokyo IMT was both similar and different to its Nuremberg counterpart, the extent to which the critiques of the Tokyo IMT have purchase, and the Tribunal's contemporary relevance. The book also shows how the IMT needs to be treated, not just as one overarching entity, but also as being made up of different sets of people, who made up the prosecution, the defense and the judges. These different groups disagreed with each other, at times over the way in which the trial should proceed, and the book shows how each had an impact on the proceedings.
The book is a comprehensive legal analysis of the Tokyo IMT, covering its law, theory, practice and the lessons it may teach to those prosecuting and defending international crimes today. It also places the trial in its political and historical context. The work is based in part of extensive archival research undertaken by the authors, which has unearthed large quantities of documents that have previously been ignored by those who have studied the Tribunal.

The trial of major Nazi war criminals in Nuremberg was a landmark event in the development of modern international law, and continues to be highly influential in our understanding of international criminal law and post-conflict justice. This volume offers a unique collection of the most important essays written on the Trial, discussing the key legal, political and philosophical questions raised by the Trial both at the time and in historical perspective.
The collection focuses on pieces from those involved in the Tribunal, discussing the establishment of the Tribunal, the Trial itself, and the debate that followed the Judgment. Also included are representative essays of the academic debate that has surrounded Nuremberg in the sixty years since the Trial. Ranging from the contribution of Nuremberg to the substantive development of international criminal law to the philosophical evaluation of legalism in post-conflict international relations, the perspectives provided by the essays offer a unique overview of the persistent significance of Nuremberg across a range of academic disciplines.
The collection also features newly translated essays from key German, Russian and French writers, available in English for the first time; a new essay by Guenael Mettraux examining the Nuremberg legacy in contemporary international criminal justice, and an exhaustive bibliography of the literature on Nuremberg.

The roll-call of wars down the centuries is paralleled by an equally extensive narrative of the theft, destruction, plundering, displacement and concealing of some of the greatest works of art during those conflicts - a story that is expertly told in this original publication. From the many wars of Classical Antiquity, through the military turning points and detours of the Fourth Crusade, the Thirty Years' War, Revolutionary and Napoleonic France, the First and Second World Wars, and then onwards to the ongoing contemporary conflicts in Afghanistan and Iraq, the history of art crime in times of war contains myriad fascinating and often little-known stories of the fate of humankind's greatest works of art. Plundering Beauty: A History of Art Crime during War charts the crucial milestones of art crimes spanning two thousand years. The works of art involved have fascinating stories to tell, as civilisation moves from a simple and brutal 'winner takes it all' attitude to the spoils of war, to contemporary understanding, and commitment to, the idea that our artistic heritage truly belongs to all humankind.

This book presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the US Constitution guarantees and to whom. The reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. This book is meant for those who seek to understand the issues that have dominated the search for balance between justice and security in the war on terror.

"Justice at Nuremberg" traces the history of the Nuremberg Doctors' Trial held in 1946-47, through the eyes of the Austrian emigre 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.

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.

Coming into existence amid a wave of optimism in 2011, South Sudan has since slid into violence and conflict. Even in the face of escalating civil war, however, the people of the country continue to fight for justice, despite a widespread culture of corruption and impunity. Drawing on extensive new research, Rachel Ibreck examines people's lived experiences as they navigate South Sudan's fledgling justice system, as well as the courageous efforts of lawyers, activists, and ordinary citizens to assert their rights and hold the government to account. In doing so, the author reveals how justice plays out in a variety of settings, from displacement camps to chiefs' courts, and in cases ranging from communal land disputes to the country's turbulent peace process. Based on a collaborative research project carried out with South Sudanese activists and legal practitioners, the book also demonstrates the value of conducting researching with, rather than simply about those affected by conflict. At heart, this is a people's story of South Sudan - what works in this troubled country is what people do for themselves.

The Nuremberg trials after World War II constituted a landmark in the development of international criminal justice: presided over by jurists from the victorious powers, it set new standards for defining international war crimes. Set in motion shortly after the creation of the United Nations, the courts seemed to point toward a future in which the international community could more effectively prosecute crimes against humanity and advance the cause of justice and the rule of law throughout the world. However, the onset of the Cold War stymied all efforts to create an effective international criminal court. Neither the US nor the USSR was willing to face the possibility of being judged in a forum controlled by ideological adversaries. Despite the lack of progress, the dream of the court lived on through the 1980s, and when the Cold War ended, a new opportunity arose. After the UN's creation of temporary courts during the Balkan wars of the early 1990s, a powerful grassroots movement championing a permanent international criminal court emerged. Facing stiff resistance from the US and other powerful states, the movement triumphed against great odds. The court was established in 2002, and it now has the support of over 100 states (but not the US). The US opposes it outright and the Russians and Chinese are skeptical of it for a simple reason: as the most powerful states, they have no intention of surrendering jurisdictional authority over their own citizens to lesser powers. As a consequence, the court has faced numerous setbacks, and many have questioned whether it has any real power at all. It has ended up focusing its energies on pursuing war criminals in weak states, typically in Africa. It is now caught on the horns of a dilemma: to pursue justice, it does what it can where it can, but it cannot actually prosecute figures in powerful states. Russia will never surrender troops who may have acted badly in Georgia, and America is not about to hand over soldiers who killed civilians in Afghanistan. Yet the court has had some minor successes, and we should remember that it is still in its very early days. As the years pass, its jurisdictional authority may expand, and the norms that it advances may achieve the status of common sense. Time will tell. In Rough Justice, David Bosco tells the story of the movement to establish the court and its tumultuous first decade. He also considers its prospects for the future, especially the very real challenges that it faces. This is an authoritative account of an international institution that is prototypical of the post-Cold War era.

The Enemy Combatants Papers presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the U.S. Constitution guarantees and to whom. In these documents, the reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. Complemented with a comprehensive timeline and appendices that include the relevant cases from the Civil War, World War II, and the Korean War and the premises for setting up military commissions and Combatant Status Review Tribunals, this book is meant for those who seek to understand the issues - legal, political, and military - that have dominated the search for balance between justice and security in the war on terror.

This book offers a rare and innovative consideration of an enduring tendency in postwar art to explore places devoid of human agents in the wake of violent encounters. To see the scenery together with the crime elicits a double interrogation, not merely of a physical site but also of its formation as an aesthetic artefact, and ultimately of our own acts of looking and imagining. Closely engaging with a vast array of works made by artists, filmmakers and photographers, each who has forged a distinct vantage point on the aftermath of crime and conflict, the study selectively maps the afterlife of landscape in search of the political and ethical agency of the image. By way of a thoroughly interdisciplinary approach, Crime Scenery in Postwar Film and Photography brings landscape studies into close dialogue with contemporary theory by paying sustained attention to how the gesture of retracing past events facilitates new configurations of the present and future.

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

A powerful examination of soulful journeys made to recover memory and recuperate stolen pasts in the face of unspeakable histories. Survivors of the Armenian Genocide of 1915 took refuge across the globe. Traumatized by unspeakable brutalities, the idea of returning to their homeland was unthinkable. But decades later, some children and grandchildren felt compelled to travel back, having heard stories of family wholeness in beloved homes and of cherished ancestral towns and villages once in Ottoman Armenia, today in the Republic of Turkey. Hoping to satisfy spiritual yearnings, this new generation called themselves pilgrims—and their journeys, pilgrimages. Carel Bertram joined scores of these pilgrims on over a dozen pilgrimages, and amassed accounts from hundreds more who made these journeys. In telling their stories, A House in the Homeland documents how pilgrims encountered the ancestral house, village, or town as both real and metaphorical centerpieces of family history. Bertram recounts the moving, restorative connections pilgrims made, and illuminates how the ancestral house, as a spiritual place, offers an opening to a wellspring of humanity in sites that might otherwise be defined solely by tragic loss. As an exploration of the powerful links between memory and place, house and homeland, rupture and continuity, these Armenian stories reflect the resilience of diaspora in the face of the savage reaches of trauma, separation, and exile in ways that each of us, whatever our history, can recognize.

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.

This remarkable book traces the quest for the truth about the Holocaust in Lithuania by two ostensible enemies: Rūta a descendant of the perpetrators, Efraim a descendant of the victims. Rūta Vanagaitė, a best-selling Lithuanian writer, was motivated by her recent discoveries that some of her relatives had played a role in the mass murder of Jews and that Lithuanian officials had tried to hide the complicity of local collaborators. Efraim Zuroff, a noted Israeli Nazi-hunter, had both professional and personal motivations. He had worked for years to bring Lithuanian war criminals to justice and to compel local authorities to tell the truth about the Holocaust in their country. The fact that his maternal grandparents were born in Lithuania and that he was named for a great-uncle who was murdered with his family in Vilnius with the active help of Lithuanians made his search personal as well. Journey with an Enemy exposes the significant role played by local political leaders and the prewar Lithuanian administration that remained in place during the Nazi occupation in implementing the Nazis’ Final Solution. It also tackles the sensitive issue of the motivation of thousands of ordinary Lithuanians in the murder of their Jewish neighbors. At the heart of the book, these are the issues that Rūta and Efraim discuss, debate, and analyze as they crisscross the country to visit dozens of Holocaust mass murder sites in Lithuania and neighboring Belarus. During the journey, they searched for neglected graves, interviewed eyewitnesses, and looked for traces of the rich Jewish life that had existed in hundreds of Jewish communities throughout Lithuania. This compelling book recounts their harrowing journey.

Based on exclusive and unrestricted access to more than 5,000 pages of personal writings and family photos, this definitive biography of German physician and SS-Hauptsturmfuhrer Josef Mengele (1911-1979) probes the personality and motivations of Auschwitz's "Angel of Death." From May 1943 through January 1945, Mengele selected who would be gassed immediately, who would be worked to death, and who would serve as involuntary guinea pigs for his spurious and ghastly human experiments (twins were Mengele's particular obsession). With authority and insight, Mengele examines the entire life of the world's most infamous doctor.

This book presents a comprehensive overview of the Nanjing Massacre, together with an in-depth analysis of various aspects of the event and related issues. Drawing on original source materials collected from various national archives, national libraries, church historical society archives, and university libraries in China, Japan, Germany, United Kingdom and the United States, it represents the first English-language academic attempt to analyze the Nanjing Massacre in such detail and scope. The book examines massacres and other killings, in addition to other war crimes, such as rape, looting, and burning. These atrocities are then explored further via a historical analysis of Chinese survivors' testimony, Japanese soldiers' diaries, Westerners' eyewitness accounts, the news coverage from American and British correspondents, and American, British and German diplomatic dispatches. Further, the book explores issues such as the role and function of the International Committee for Nanking Safety Zone, burial records of massacre victims, post-war military tribunals, controversies over the Nanjing Massacre, and the 100-Man Killing Contest. This book is intended for all researchers, scholars, graduate and undergraduate students, and members of the general public who are interested in Second World War issues, Sino-Japanese conflicts, Sino-Japan relations, war crimes, atrocity and holocaust studies, military tribunals for war crimes, Japanese atrocities in China, and the Nanjing Massacre.

The extraordinary revelations in Traitors detail the ugly side of war and power and the many betrayals of our ANZACs. In October 1943 Winston Churchill, Franklin D. Roosevelt and Josef Stalin signed a solemn pact that once their enemies were defeated the Allied powers would 'pursue them to the uttermost ends of the earth and will deliver them to their accusers in order that justice may be done'. Nowhere did they say that justice would be selective. But it would prove to be. Traitors outlines the treachery of the British, American and Australian governments, who turned a blind eye to those who experimented on Australian prisoners of war. Journalist and bestselling author Frank Walker details how Nazis hired by ASIO were encouraged to settle in Australia and how the Catholic Church, CIA and MI6 helped the worst Nazi war criminals escape justice. While our soldiers were asked to risk their lives for King and country, Allied corporations traded with the enemy; Nazi and Japanese scientists were enticed to work for Australia, the US and UK; and Australia's own Hollywood hero Errol Flynn was associating with Nazi spies. After reading this book you can't help but wonder, what else did they hide?

Humanity at its Worst is not a handbook for prevention but rather a research driven summary of one of the most disturbing features of the 20th and 21st centuries. Its intent is to provide a basis for understanding of these incomprehensible crimes against humanity. The catalogue is large, disturbing, and troublesome. It is dedicated entirely to assisting readers understand the circumstances of people across the world who must contend with these extreme inhuman actions. Each chapter examines numerous factors including the conditions of the victims, the number of such incidents, the loss of lives, the conditions of women, and children past records of major incidents of this kind. The accounts of genocides examine the differing interpretations of genocide from legal viewpoints, as well as analyzing the influence of race, ethnicity, nationalism, and gender.

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.

This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the 'Age of Accountability.' However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK's legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.

In recent years, the academic study of 'war' has gained renewed popularity in criminology. This book illustrates its long-standing engagement with this social phenomenon within the discipline. Foregrounding established criminological work addressing war and connecting it to a wide range of extant sociological literature, the authors present and further develop theoretical and conceptual ways of thinking critically about war. Providing a critique of mainstream criminology, the authors question whether a 'criminology of war' is possible, and if so, how this seemingly 'new horizon' of the discipline might be usefully informed by sociology.

Written by the Director of the Tokyo Trial Research Centre at China's Shanghai Jiao Tong University, this book provides a unique analysis of war crime trials in Asia-Pacific after World War II. It offers a comprehensive review of key events during this period, covering preparations for the Trial, examining the role of the War Crimes Commission of the United Nations as well as offering a new analysis of the trial itself. Addressing the question of conventional war crimes, crimes against humanity, crimes against peace (such as the Pearl Harbor Incident) and violations of warfare law, it follows up with a discussion of post-trial events and the fate of war criminals on trial. Additionally, it examines other Japanese war crime trials which happened in Asia, as well as considering the legacy of the Tokyo trial itself, and the foundation of a new Post-War International Order in East Asia.

Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine men condemned to death for war crimes at Mauthausen concentration camp mounted the gallows at Landsberg prison near Munich. The mass execution that followed resulted from an American military trial conducted at Dachau in the spring of 1946 a trial that lasted only thirty-six days and yet produced more death sentences than any other in American history.

The Mauthausen trial was part of a massive series of proceedings designed to judge and punish Nazi war criminals in the most expedient manner the law would allow. There was no doubt that the crimes had been monstrous. Yet despite meting out punishment to a group of incontestably guilty men, the Mauthausen trial reveals a troubling and seldom-recognized face of American postwar justice one characterized by rapid proceedings, lax rules of evidence, and questionable interrogations.

Although the better-known Nuremberg trials are often regarded as epitomizing American judicial ideals, these trials were in fact the exception to the rule. Instead, as Tomaz Jardim convincingly demonstrates, the rough justice of the Mauthausen trial remains indicative of the most common and yet least understood American approach to war crimes prosecution. The Mauthausen Trial forces reflection on the implications of compromising legal standards in order to guarantee that guilty people do not walk free.

This book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts in their respective fields and the chapters highlight each discipline's major trends, debates, methods and approaches to mass atrocity, genocide, and crimes against humanity, as well as their interactions with adjacent disciplines. Case studies illustrate how the respective disciplines work in practice, including examples from the Allied Hunger Blockade, WWII, the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and Uganda. Including bibliographical essays to offer readers crucial orientation when approaching the specialist literature in each case, this edited collection equips readers with what they need to know in order to navigate a complex, and until now, deeply fragmented field. A diverse and interdisciplinary body of research, this book will be indispensable reading for scholars of war crimes.