Slavenka Drakulic attended the Serbian war crimes trial in the Hague. Her book is an accessible, involving and moving account of how ordinary people commit terrible crimes in wartime. Drawing readers into this difficult subject, Drakulic explores everything from the monstrous Slobodan Milosevich and his evil "Lady Macbeth" of a wife, to humble Serb soldiers who claim they were "just obeying orders". She enters the minds of the killers, but also reveals stories of bravery and survival, both from those who helped Bosnians escape from the Serbs and from those who risked their lives to help them.

Winston and Gail Ramsey This book focuses on the systems used by the Axis powers for the governance of the countries that they occupied during the Second World War. It would be easy to assume that the administration of each country was carried out on a somewhat ad hoc basis, but streams of detailed orders and decrees were enacted to cover all aspects of everyday life . . . from finance to crime. Dr Raphael Lemkin was a Polish émigré and the person who coined the term `genocide’ during his study of international law concerning crimes against humanity which he began in 1933 — the year that the Nazis assumed power in Germany. Dr Lemkin’s much-acclaimed work Axis Rule in Occupied Europe was published in 1944 and extracts from it now form the framework on which we have built this `then and now’ coverage of the occupation of Czechoslovakia, Memel, Albania, Danzig, Poland, Denmark, Norway, Luxembourg, the Netherlands, Belgium, France, Monaco, the Channel Islands, Greece, Yugoslavia, the Baltic states, the Soviet Union, Romania, Italy and Hungary. Individual chapters also cover the most serious crimes committed by the occupier: the destruction of whole villages in Czechoslovakia, France, the Netherlands and Greece, and the genocidal acts carried out in Italy, Greece and Belgium, although nothing can equal the wholesale slaughter enacted in the Balkans and the USSR. It has been estimated that the Axis occupation of Europe cost between 20 and 25 million civilian lives, apart from the deaths of at least 16 million servicemen and women who paid the ultimate price in trying to put Europe back together again. It is a debt that can never be repaid. SIZE 12�×8½�   368 PAGES   OVER 1,000 ILLUSTRATIONS ISBN 9 781870 067935  £39.95

Tanks roaring over farmlands, pregnant women tortured, 30,000 individuals "disappeared"--these were the horrors of Argentina's Dirty War. A New York Times Notable Book of the Year and Finalist for the L.L. Winship / PEN New England Award in 1998, A Lexicon of Terror is a sensitive and unflinching account of the sadism, paranoia, and deception the military junta unleashed on the Argentine people from 1976 to 1983. This updated edition features a new epilogue that chronicles major political, legal, and social developments in Argentina since the book's initial publication. It also continues the stories of the individuals involved in the Dirty War, including the torturers, kidnappers and murderers formerly granted immunity under now dissolved amnesty laws. Additionally, Feitlowitz discusses investigations launched in the intervening years that have indicated that the network of torture centers, concentration camps, and other operations responsible for the "desaparecidas" was more widespread than previously thought. A Lexicon of Terror vividly evokes this shocking era and tells of the long-lasting effects it has left on the Argentine culture.

Most accounts of the Holocaust focus on trainloads of prisoners speeding toward Auschwitz, with its chimneys belching smoke and flames, in the summer of 1944. This book provides a hitherto untold chapter of the Holocaust by exploring a prequel to the gas chambers: the face-to-face mass murder of Jews in Galicia by bullets. The summer of 1941 ushered in a chain of events that had no precedent in the rapidly unfolding history of World War II and the Holocaust. In six weeks, more than twenty thousand Hungarian Jews were forcefully deported to Galicia and summarily executed. In exploring the fate of these Hungarian Jews and their local coreligionists, A Summer of Mass Murder transcends conventional history by introducing a multitude of layers of politics, culture, and, above all, psychology-for both the victims and the executioners. The narrative presents an uncharted territory in Holocaust scholarship with extensive archival research, interviews, and corresponding literature across countries and languages, incorporating many previously unexplored documents and testimonies. Eisen reflects upon the voices of the victims, the images of the perpetrators, whose motivation for murder remains inexplicable. In addition, the author incorporates the long-forgotten testimonies of bystander contemporaries, who unwittingly became part of the unfolding nightmare and recorded the horror in simple words. This book also serves as a personal journey of discovery. Among the twenty thousand people killed was the tale of two brothers, the author's uncles. In retracing their final fate and how they were swept up in the looming genocide, A Summer of Mass Murder also gives voice to their story.

This book examines the use of national and international law to prosecute Nazi crimes, the centerpiece of twentieth-century state-sponsored genocide and mass murder crimes, the paradigmatic instance of state-sponsored criminality and genocide in the twentieth century. Its various essays, the contributors reconstruct the historical historical setting of the crimes committed under the aegis of the Nazi regime and examine why postwar adjudication took place only within limits, within the national and international judicial forums responsible for prosecuting perpetrators. The topics discussed include the impact of the Nazi justice system on postwar justice, postwar legal proceedings against those who committed war crimes and genocide, the work of the Nuremberg tribunal and Allied trials, and judicial investigations and prosecutions in East Germany, West Germany, and Austria. They span the postwar period up to contemporary U.S. legal efforts to deport Nazi criminals within its borders and libel trials against Holocaust denials in London and Canadian courts and libel suits brought by Holocaust deniers in British and Canadian courts, and they reveal new perspectives on the present and future implications of these trials.

Robbing the Jews reveals the mechanisms by which the Nazis and their allies confiscated Jewish property; the book demonstrates the close relationship between robbery and the Holocaust. The spoliation evolved in intensifying steps. The Anschluss and Kristallnacht in 1938 reveal a dynamic tension between pressure from below and state-directed measures. In Western Europe, the economic persecution of the Jews took the form of legal decrees and administrative measures. In Eastern Europe, authoritarian governments adopted the Nazi program that excluded Jews from the economy and seized their property, based on indigenous antisemitism and plans for ethnically homogenous nation-states. In the occupied East, property was collected at the killing sites - the most valuable objects were sent to Berlin, whereas items of lesser value supported the local administration and rewarded collaborators. At several key junctures, robbery acted as a catalyst for genocide, accelerating the progression from pogrom to mass murder.

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.

When Slobodan Milosevic died in the United Nations Detention Unit in The Hague over four years after his trial had begun, many feared - and some hoped - that international criminal justice was experiencing some sort of death itself. Yet the Milosevic case, the first trial of a former head of state by a truly international criminal tribunal and one of the most complex and lengthy war crimes trials in history, stands for much in the development and the future of international criminal justice, both politically and legally. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.

When Slobodan Milosevic died in the United Nations Detention Unit in The Hague over four years after his trial had begun, many feared - and some hoped - that international criminal justice was experiencing some sort of death itself. Yet the Milosevic case, the first trial of a former head of state by a truly international criminal tribunal and one of the most complex and lengthy war crimes trials in history, stands for much in the development and the future of international criminal justice, both politically and legally. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.

This book provides a critical analysis of how the "war on terror" affected the civilian population in Afghanistan and Pakistan. This "forgotten war," which started in 2001 with the US-led invasion of Afghanistan, has seen more than 212,000 people killed in war-related incidents. Whilst most of the news media shifted their attention to other conflict zones, this war rages on. Badalic has amassed a vast amount of data on the civilian victims of war from both sides of the Durand line, the border between Afghanistan and Pakistan. He conducted interviews in Peshawar, Quetta, Islamabad, Kabul, Jalalabad, and many other cities and villages from 2008 to 2017. His data is mostly drawn from those extensive conversations held with civilian victims of war, Afghan and Pakistani officials, human-rights activists and members of the insurgency. The book is divided into three parts. The first examines the impact the US-led coalition, Afghan security forces and paramilitary groups had on civilians, with methods of combat such as drone strikes and kill-or-capture missions. The second part focuses on civilian victims of abuses of power by Pakistani security forces, including arbitrary detentions and forced disappearances. In the final part, Badalic explores the impact of unlawful practices used by the armed insurgency - the Afghan Taliban. Overall, the book seeks to tell the story of the civilian victims of the "War on Terror".

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.

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.

In recent years, no modern democracy has taken more aggressive steps to come to terms with a legacy of dictatorship than has the Federal Republic of Germany with the crimes and injustices of Communist East Germany. In this book, A. James McAdams provides a comprehensive and engaging examination of the four most prominent instances of this policy: criminal trials for the killings at the Berlin Wall; the disqualification of administrative personnel for secret-police ties; parliamentary truth-telling commissions; and private property restitution. On the basis of extensive interviews in Bonn and Berlin over the 1990s, McAdams gives new insight into the difficulties German politicians, judges, bureaucrats, and public officials faced sitting in judgment on the affairs of another state. He argues provocatively that the success of their policies must be measured in terms of the way they used East German history to justify their actions. In 1997, A. James McAdams was awarded the DAAD Prize for Distinguished Scholarship in German Studies. He is Professor and Chair of the Department of Government and International Studies at University of Notre Dame, in Notre Dame, Indiana. He is the author of East Germany and Détente (Cambridge University Press, 1985), Germany Divided: From the Wall to Reunification (Princeton University Press, 1992), and co-author of Rebirth: A Political History of Europe Since World War II (Westview Press, 1999). McAdams is also editor of Transitional Justice and the Rule of Law in New Democracies (University of Notre Dame Press, 1997).

In recent years, no modern democracy has taken more aggressive steps to come to terms with a legacy of dictatorship than has the Federal Republic of Germany with the crimes and injustices of Communist East Germany. In this book, A. James McAdams provides a comprehensive and engaging examination of the four most prominent instances of this policy: criminal trials for the killings at the Berlin Wall; the disqualification of administrative personnel for secret-police ties; parliamentary truth-telling commissions; and private property restitution. On the basis of extensive interviews in Bonn and Berlin over the 1990s, McAdams gives new insight into the difficulties German politicians, judges, bureaucrats, and public officials faced sitting in judgment on the affairs of another state. He argues provocatively that the success of their policies must be measured in terms of the way they used East German history to justify their actions. In 1997, A. James McAdams was awarded the DAAD Prize for Distinguished Scholarship in German Studies. He is Professor and Chair of the Department of Government and International Studies at University of Notre Dame, in Notre Dame, Indiana. He is the author of East Germany and Détente (Cambridge University Press, 1985), Germany Divided: From the Wall to Reunification (Princeton University Press, 1992), and co-author of Rebirth: A Political History of Europe Since World War II (Westview Press, 1999). McAdams is also editor of Transitional Justice and the Rule of Law in New Democracies (University of Notre Dame Press, 1997).

Politics, Violence, Memory highlights important new social scientific research on the Holocaust and initiates the integration of the Holocaust into mainstream social scientific research in a way that will be useful both for social scientists and historians. Until recently social scientists largely ignored the Holocaust despite the centrality of these tragic events to many of their own concepts and theories. In Politics, Violence, Memory the editors bring together contributions to understanding the Holocaust from a variety of disciplines, including political science, sociology, demography, and public health. The chapters examine the sources and measurement of antisemitism; explanations for collaboration, rescue, and survival; competing accounts of neighbor-on-neighbor violence; and the legacies of the Holocaust in contemporary Europe. Politics, Violence, Memory brings new data to bear on these important concerns and shows how older data can be deployed in new ways to understand the "index case" of violence in the modern world.

This book assesses the historical significance of the International Military Tribunal for the Far East (IMTFE)--commonly called the Tokyo trial--established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II.

Through extensive research in Japanese, American, Australian, and Indian archives, Yuma Totani taps into a large body of previously underexamined sources to explore some of the central misunderstandings and historiographical distortions that have persisted to the present day. Foregrounding these voluminous records, Totani disputes the notion that the trial was an exercise in "victors' justice" in which the legal process was egregiously compromised for political and ideological reasons; rather, the author details the achievements of the Allied prosecution teams in documenting war crimes and establishing the responsibility of the accused parties to show how the IMTFE represented a sound application of the legal principles established at Nuremberg.

This study deepens our knowledge of the historical intricacies surrounding the Tokyo trial and advances our understanding of the Japanese conduct of war and occupation during World War II, the range of postwar debates on war guilt, and the relevance of the IMTFE to the continuing development of international humanitarian law.

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.

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.

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.