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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes > General
From videos of rights violations, to satellite images of environmental degradation, to eyewitness accounts disseminated on social media, human rights practitioners have access to more data today than ever before. To say that mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice would be an understatement. Modern technology - and the enhanced access it provides to information about abuse - has the potential to revolutionise human rights reporting and documentation, as well as the pursuit of legal accountability. However, these new methods for information gathering and dissemination have also created significant challenges for investigators and researchers. For example, videos and photographs depicting alleged human rights violations or war crimes are often captured on the mobile phones of victims or political sympathisers. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected, or for advocacy purposes with the goal of mobilising international public opinion. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations and human rights lawyers. This book is the first to cover the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, other human rights activists, and researchers with the cutting-edge skills needed to work in an increasingly digitized, and information-saturated environment.
* The military tribunals organized by the Allies in Nuremberg in 1945 were described as 'the greatest trial in history' by Norman Birkett, one of the British judges who presided over them * The first of the trials began 70 years ago on 20 November, and last ended almost a year later
When does the waging of war become a criminal act? And who is in a position to judge? Ranging from the American Indian wars to the Civil War to World War I, and culminating with the Nuremberg and Tokyo trials following the Second World War, Peter Maguire provides much-needed historical perspective on the crucial and ever more urgent issues of war and justice. His examples illustrate the gradations of political justice and the perpetual redefinition of war crimes across three continents and more than a century of American foreign policy.
THE SUNDAY TIMES TOP 10 BESTSELLER AND THE FIRST AUTHORITATIVE ACCOUNT FOR 30 YEARS. 'By far the clearest book ever written about the Holocaust, and also the best at explaining its origins and grotesque mentality, as well as its chaotic development' Antony Beevor 'Groundbreaking. You might have thought that we know everything there is to know about the Holocaust but this book proves there is much more' Andrew Roberts, Mail on Sunday Two fundamental questions about the Holocaust must be asked: How did it happen? And why? More completely than any other single work of history yet published, Laurence Rees's Holocaust definitively answers them. 'Rees provides an exemplary account of how the greatest crime in modern history came about' The Times 'Rees has distilled 25 years of research into this compelling study, the finest single-volume account of the Holocaust . . . demands to be read' Saul David, Telegraph 'Anyone wanting a compelling, highly readable explanation of how and why the Holocaust happened, drawing on recent scholarship and impressively incorporating moving and harrowing interviews need look no further than Laurence Rees's brilliant book' Professor Ian Kershaw, bestselling author of Hitler
The Milosevic 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 Milosevic, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milosevic 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 Milosevic Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.
Describes the effect on young Jews of Hitler's rise to power and recounts the experiences of those who attended an agricultural emigration training farm.
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.
Famine is an age-old scourge that almost disappeared in our lifetime. Between 2000 and 2011 there were no famines and deaths in humanitarian emergencies were much reduced. The humanitarian agenda was ascendant. Then, in 2017, the United Nations identified four situations that threatened famine or breached that threshold in north-eastern Nigeria, Somalia, South Sudan, and Yemen. Today, this list is longer. Each of these famines is the result of military actions and exclusionary, authoritarian politics conducted without regard to the wellbeing or even the survival of people. Violations of international law including blockading ports, attacks on health facilities, violence against humanitarian workers, and obstruction of relief aid are carried out with renewed impunity. Yet there is an array of legal offenses, ranging from war crimes and crimes against humanity to genocide, available to a prosecutor to hold individuals to account for the deliberate starvation of civilians. However, there has been a dearth of investigations and accountability for those violating international law. The reasons for this neglect and the gaps between the black-letter law and practice are explored in this timely volume. It provides a comprehensive overview of the key themes and cases required to catalyze a new approach to understanding the law as it relates to starvation. It also illustrates the complications of historical and ongoing situations where starvation is used as a weapon of war, and provides expert analysis on defining starvation, early warning systems, gender and mass starvation, the use of sanctions, journalistic reporting, and memorialization of famine.
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
THE INSTANT SUNDAY TIMES BESTSELLER - NOW UPDATED WITH FOUR NEW CHAPTERS 'This swashbuckling book is a furious attack on the Russian president. Killer in the Kremlin traces Putin's bloody career... a life littered with corpses.' - THE TIMES A gripping and explosive account of Vladimir Putin's tyranny, charting his rise from spy to tsar, exposing the events that led to his invasion of Ukraine and his assault on Europe. In Killer in the Kremlin, award-winning journalist John Sweeney takes readers from the heart of Putin's Russia to the killing fields of Chechnya, to the embattled cities of an invaded Ukraine. In a disturbing exposé of Putin's sinister ambition, Sweeney draws on thirty years of his own reporting - from the Moscow apartment bombings to the atrocities committed by the Russian Army in Chechnya, to the annexation of Crimea and a confrontation with Putin over the shooting down of flight MH17 - to understand the true extent of Putin's long war. Drawing on eyewitness accounts and compelling testimony from those who have suffered at Putin's hand, we see the heroism of the Russian opposition, the bravery of the Ukrainian resistance, and the brutality with which the Kremlin responds to such acts of defiance, assassinating or locking away its critics, and stopping at nothing to achieve its imperialist aims. In the midst of one of the darkest acts of aggression in modern history - Russia's invasion of Ukraine - this book shines a light on Putin's rule and poses urgent questions about how the world must respond. 'An extraordinarily prescient and fascinating book.' - NIHAL ARTHANAYAKE
International criminal law and justice is a flourishing field which has led, in recent years, to new international criminal tribunals and new mechanisms for investigation and holding criminals to account. These developments have, in turn, led to an increasing volume and greater consolidation of case law, and even more scholarly attention. The second edition of this volume of Kai Ambos' seminal treatise has been revised and rewritten in parts to provide coverage of recent developments in the 'Special Part' of international criminal law: namely, the specific crimes and sentencing. Amongst other updates, there are significant extensions of the discussion on sexual and gender-based crimes; the introduction of environmental crimes into international criminal law; further elaboration on the nexus requirement in war crimes and asymmetrical conflicts (e.g., ISIS); and reference to the newly introduced war crimes of the ICC Statute and of the peculiarities of cyber-attacks and other emerging activities. The volume complements Volume I of the treatise on issues relevant to the foundations, general part of international criminal law, and general principles of international criminal justice. Taken together with the other new editions of the three-volume series, this second edition provides an exhaustive guide to every aspect of international criminal law, from fundamental principles to procedures and implementation. Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.
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.
Laszlo Bardossy was a wartime prime minister executed for his role in mass murder, but his role remains controversial. His trial was riddled with blunders and some, especially those on the extreme right, now call him a martyr and are demanding a retrial. Was B?rdossy a villain or was he himself a victim of Communist-inspired mass murder? He was at the helm in 1941--42 when Hungary declared war on Britain, the United States, and the Soviet Union, and he was charged with sending more than 600,00 Jews to Nazi death camps. This book offers readers a balanced interpretation of Bardossy's life. The volume also includes two rare documents: the charges of the prosecution in his post-war trial, and Bardossy's statement in defense of his policies.
Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.
Examining how international criminal law has-and hasn't-brought justice following war crimes in Africa.Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force - its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties. This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. The first three chapters examine key international mechanisms: the International Criminal Court, the International Criminal Tribunal for Rwanda, and the hybrid tribunal established in Senegal to try state crimes committed in Chad. These chapters illustrate how the design and practice of the institutions led to similarly unexpected and unsatisfying outcomes. The final two chapters examine emerging and proposed international criminal justice mechanisms. One is a tribunal intended to facilitate peace in the new but war-torn country of South Sudan, not yet operational and unlikely to perform better than its predecessors. Finally, the book considers the developing human rights practice of the little-studied East African Court, a regional commercial court in Arusha, Tanzania, to show how local judicial creativity can win a role for courts in facilitating good governance. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.
Literature and Justice in Mid Twentieth Century Britain: Crime and War Crimes examines how ideas about crime, criminality, and judicial procedure that had developed in a domestic context influenced the representation and understanding of war crimes trials, victims of war crimes, and war criminals in post-Second World War Britain. The representation of Belsen concentration camp and the subsequent British-run trial of its personnel are a particular focal point. Drawing on a range of source material including life-writing, journalism, and detective fiction, as well as criminological and sociological works from this period, this book explains why the fate of the Jews and other victims of the Nazis was sometimes brought starkly into focus and sometimes marginalised in public discourse at this period. What remain are glimpses of the events now called the Holocaust, but glimpses that can be as powerful and as meaningful as more direct or explicit representations.
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.
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.
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 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.
Already acclaimed in England as "first-rate" ("The Sunday Times");
"a model of meticulous, courageous and path-breaking
scholarship"("Literary Review"); and "absorbing and thoroughly
gripping... deserves a lasting place among histories of the war."
("The Sunday Telegraph"), "Hunting Evil "is the first complete and
definitive account of how the Nazis escaped and were pursued and
captured -- or managed to live long lives as fugitives. "From the Hardcover edition."
The fall of dictatorial regimes and the eruption of destructive
civil conflicts around the world have led to calls for holding
individuals accountable for human rights atrocities. This book
offers a comprehensive study of the promise and limitations of
international criminal law as a means of enforcing international
human rights and humanitarian law. It provides a searching analysis
of the principal crimes under the law of nations, such as genocide
and crimes against humanity and an appraisal of the most important
prosecutorial and other mechanisms developed to bring individuals
to justice. After applying their conclusions in a detailed case
study, the authors offer a series of compelling conclusions on the
prospects for accountability.
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.
On the early morning of March 16, 1968, American soldiers from three platoons of Charlie Company (1st Battalion, 20th Infantry Regiment, 11th Brigade, 23rd Infantry Division), entered a group of hamlets located in the Son Tinh district of South Vietnam, located near the Demilitarized Zone and known as "Pinkville" because of the high level of Vietcong infiltration. The soldiers, many still teenagers who had been in the country for three months, were on a "search and destroy" mission. The Tet Offensive had occurred only weeks earlier and in the same area and had made them jittery; so had mounting losses from booby traps and a seemingly invisible enemy. Three hours after the GIs entered the hamlets, more than five hundred unarmed villagers lay dead, killed in cold blood. The atrocity took its name from one of the hamlets, known by the Americans as My Lai 4. Military authorities attempted to suppress the news of My Lai, until some who had been there, in particular a helicopter pilot named Hugh Thompson and a door gunner named Lawrence Colburn, spoke up about what they had seen. The official line was that the villagers had been killed by artillery and gunship fire rather than by small arms. That line soon began to fray. Lieutenant William Calley, one of the platoon leaders, admitted to shooting the villagers but insisted that he had acted upon orders. An expose of the massacre and cover-up by journalist Seymour Hersh, followed by graphic photographs, incited international outrage, and Congressional and U.S. Army inquiries began. Calley and nearly thirty other officers were charged with war crimes, though Calley alone was convicted and would serve three and a half years under house arrest before being paroled in 1974. My Lai polarized American sentiment. Many saw Calley as a scapegoat, the victim of a doomed strategy in an unwinnable war. Others saw a war criminal. President Nixon was poised to offer a presidential pardon. The atrocity intensified opposition to the war, devastating any pretense of American moral superiority. Its effect on military morale and policy was profound and enduring. The Army implemented reforms and began enforcing adherence to the Hague and Geneva conventions. Before launching an offensive during Desert Storm in 1991, one general warned his brigade commanders, "No My Lais in this division-do you hear me?" Compelling, comprehensive, and haunting, based on both exhaustive archival research and extensive interviews, Howard Jones's My Lai will stand as the definitive book on one of the most devastating events in American military history. |
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