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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes > General
Why do people participate in genocide? The Complexity of Evil responds to this fundamental question by drawing on political science, sociology, criminology, anthropology, social psychology, and history to develop a model which can explain perpetration across various different cases. Focusing in particular on the Holocaust, the 1994 genocide against the Tutsi in Rwanda, and the Khmer Rouge genocide in Cambodia, The Complexity of Evil model draws on, systematically sorts, and causally orders a wealth of scholarly literature and supplements it with original field research data from interviews with former members of the Khmer Rouge. The model is systematic and abstract, as well as empirically grounded, providing a tool for understanding the micro-foundations of various cases of genocide. Ultimately this model highlights that the motivations for perpetrating genocide are both complex in their diversity and banal in their ordinariness and mundanity.
The question is as searing as it is fundamental to the continuing debate over Japanese culpability in World War II and the period leading up to it: "How could Japanese soldiers have committed such acts of violence against Allied prisoners of war and Chinese civilians?" During the First World War, the Japanese fought on the side of the Allies and treated German POWs with respect and civility. In the years that followed, under Emperor Hirohito, conformity was the norm and the Japanese psyche became one of selfless devotion to country and emperor; soon Japanese soldiers were to engage in mass murder, rape, and even cannibalization of their enemies. Horror in the East examines how this drastic change came about. On the basis of never-before-published interviews with both the victimizers and the victimized, and drawing on never-before-revealed or long-ignored archival records, Rees discloses the full horror of the war in the Pacific, probing the supposed Japanese belief in their own racial superiority, analyzing a military that believed suicide to be more honorable than surrender, and providing what the Guardian calls "a powerful, harrowing account of appalling inhumanity...impeccably researched."
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.
In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' -- the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in 'ungoverned space,' can ensure that they retain the initiative. The book describes French, Turkish and British colonial 'judicial strategy' and contrasts their experience with the chaos of more recent 'stabilization operations' in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.
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.
What is Justice? Is it always just 'to come'? Can real experience be translated into law? Examining Cambodia's troubled reconciliation, Alexander Hinton suggests an approach to justice founded on global ideals of the rule of law, democratization, and a progressive trajectory towards liberty and freedom, and which seeks to align the country with so called universal modes of thought, is condemned to failure. Instead, Hinton advocates focusing on the individual lived experience, and the discourses, interstices, and the combustive encounters connected with it, as a radical alternative. A phenomenology inspired approach towards healing national trauma, Hinton's ground-breaking text will make anybody with an interest in transitional justice, development, humanitarian intervention, human rights, or peacebuilding, question the value of an established truth.
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.
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.
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.
Since the 1990s, sexual violence in conflict zones has received much media attention. In large part as a result of grassroots feminist organizing in the 1970s and 1980s, mass rapes in the wars in the former Yugoslavia and during the Rwandan genocide received widespread coverage, and international organizations-from courts to NGOs to the UN-have engaged in systematic efforts to hold perpetrators accountable and to ameliorate the effects of wartime sexual violence. Yet many millennia of conflict preceded these developments, and we know little about the longer-term history of conflict-based sexual violence. Sexual Violence in Conflict Zones helps to fill in the historical gaps. It provides insight into subjects that are of deep concern to the human rights community, such as the aftermath of conflict-based sexual violence, legal strategies for prosecuting it, the economic functions of sexual violence, and the ways perceived religious or racial difference can create or aggravate settings of sexual danger. Essays in the volume span a broad geographic, chronological, and thematic scope, touching on the ancient world, medieval Europe, the American Revolutionary War, precolonial and colonial Africa, Muslim Central Asia, the two world wars, and the Bangladeshi War of Independence. By considering a wide variety of cases, the contributors analyze the factors making sexual violence in conflict zones more or less likely and the resulting trauma more or less devastating. Topics covered range from the experiences of victims and the motivations of perpetrators, to the relationship between wartime and peacetime sexual violence, to the historical background of the contemporary feminist-inflected human rights moment. In bringing together historical and contemporary perspectives, this wide-ranging collection provides historians and human rights activists with tools for understanding long-term consequences of sexual violence as war-ravaged societies struggle to achieve postconflict stability.
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.
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.
'A gripping murder mystery and a vivid recreation of Paris under German Occupation.' ANDREW TAYLOR *WINNER OF THE HWA GOLD CROWN AWARD FOR BEST HISTORICAL FICTION* *SHORTLISTED FOR THE CWA HISTORICAL DAGGER AWARD* 'Terrific' SUNDAY TIMES, Best Books of the Month 'A thoughtful, haunting thriller' MICK HERRON 'Sharp and compelling' THE SUN * * * * * Paris, Friday 14th June 1940. The day the Nazis march into Paris, making headlines around the globe. Paris police detective Eddie Giral - a survivor of the last World War - watches helplessly on as his world changes forever. But there is something he still has control over. Finding whoever is responsible for the murder of four refugees. The unwanted dead, who no one wants to claim. To do so, he must tread carefully between the Occupation and the Resistance, between truth and lies, between the man he is and the man he was. All the while becoming whoever he must be to survive in this new and terrible order descending on his home... * * * * * 'Lloyd's Second World War Paris is rougher than Alan Furst's, and Eddie Giral, his French detective, is way edgier than Philip Kerr's Bernie Gunther ... Ranks alongside both for its convincingly cloying atmosphere of a city subjugated to a foreign power, a plot that reaches across war-torn Europe and into the rifts in the Nazi factions, and a hero who tries to be a good man in a bad world. Powerful stuff.' THE TIMES 'A tense and gripping mystery which hums with menace and dark humour as well as immersing the reader in the life of occupied Paris' Judges, HWA GOLD CROWN AWARD 'Excellent ... In Eddie Giral, Lloyd has created a character reminiscent of Philip Kerr's Bernie Gunther, oozing with attitude and a conflicted morality that powers a complex, polished plot. Historical crime at its finest.' VASEEM KHAN, author of Midnight at Malabar House 'Monumentally impressive ... A truly wonderful book. If somebody'd given it to me and told me it was the latest Robert Harris, I wouldn't have been surprised. Eddie Giral is a wonderful creation.' ALIS HAWKINS 'A terrific read - gripping and well-paced. The period atmosphere is excellent.' MARK ELLIS 'The best kind of crime novel: gripping, thought-provoking and moving. In Detective Eddie Giral, Chris Lloyd has created a flawed hero not just for occupied Paris, but for our own times, too.' KATHERINE STANSFIELD
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.
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.
Uganda's civil war with Joseph Kony's Lord's Resistance Army has raged since the 1980s, claiming over 100,000 lives and displacing around 1.5 million people. Kony's rebel force, who combine religious mysticism with extreme brutality, have abducted tens of thousands of children: their child soldiers. Their insurgency continues to this day, though most of us know little about it. Norman Okello was only twelve when he was abducted by the LRA. In captivity, he was subjected to a ruthless training regime aimed at turning him into a killing machine free from conscience and fear. Forced to commit unspeakable acts of violence, Norman struggled not just to stay alive but to hold on to the last shreds of his humanity. When he finally escaped the clutches of the LRA, he faced his next ordeal: trying to reintegrate into a society that feared and despised him. Harrowing, heart-rending and enlightening in equal measure, Boy Soldier is above all a story of survival and redemption against unbelievable odds.
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.
Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified the imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho argues, continues to directly inform the ideology used to justify the Guantanamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state.
This powerful memoir weaves the stories of valiant women who survived the Rwandan genocide with the struggle of their champion, Karen Sherman, to recover from her own history of abuse. The strength of these women helped Karen find her own way--through conflict zones and confrontations with corrupt officials to a renewed commitment to her family.
Although acknowledged as a highly professional military organization, the Wehrmacht has been traditionally exonerated from the crimes attributed to the SS during the Second World War. However, in this radical new study, Omer Bartov shows how the relentless Nazi propaganda machine produced conscripts for Hitler's army who were fully convinced of his horrific views on `inferior peoples', and that it was these ideas, and not the exigencies of war, that motivated their atrocities, particularly those committed against Communist officials and Jews in the Soviet Union.
Hunt for Nazis is the first comprehensive account of the post-1945 efforts to bring Nazi war criminals who had escaped to South America to justice. The author shows that the Nazi hunt -- which resulted in spectacular cases like the kidnapping of Adolf Eichmann -- should not only be understood as part of the afterlife of the Third Reich, but that it also became an integral aspect of dealing with repression at the hands of authoritarian regimes in South America. Dissidents and human rights activists assumed that the escaped Nazi perpetrators and collaborators continued to be involved in violent crimes in the service of these new dictatorships.
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." |
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