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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.
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.
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."
The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.
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.
Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.
Issues of the war that have provoked public controversy and legal debate over the last two years--the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes--are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? This work is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
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 international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.
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."
Though a generation has passed since the massacre of civilians at My Lai, the legacy of this tragedy continues to reverberate throughout Vietnam and the rest of the world. This engrossing study considers how Vietnamese villagers in My Lai and Ha My - a village where South Korean troops committed an equally appalling, though less well-known, massacre of unarmed civilians - assimilate the catastrophe of these mass deaths into their everyday ritual life. Based on a detailed study of local history and moral practices, "After the Massacre" focuses on the particular context of domestic life in which the Vietnamese villagers interact with their ancestors on one hand and the ghosts of tragic death on the other. Heonik Kwon explains what intimate ritual actions can tell us about the history of mass violence and the global bipolar politics that caused it. He highlights the aesthetics of Vietnamese commemorative rituals and the morality of their practical actions to liberate the spirits from their grievous history of death. The author brings these important practices into a critical dialogue with dominant sociological theories of death and symbolic transformation.
This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume--lawyers, scholars, and government officials--include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Issues of the war that have provoked public controversy and legal debate over the last two years--the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes--are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume--lawyers, scholars, and government officials--include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
"Terror in Chechnya" is the definitive account of Russian war crimes in Chechnya. Emma Gilligan provides a comprehensive history of the second Chechen conflict of 1999 to 2005, revealing one of the most appalling human rights catastrophes of the modern era--one that has yet to be fully acknowledged by the international community. Drawing upon eyewitness testimony and interviews with refugees and key political and humanitarian figures, Gilligan tells for the first time the full story of the Russian military's systematic use of torture, disappearances, executions, and other punitive tactics against the Chechen population. In "Terror in Chechnya," Gilligan challenges Russian claims that civilian casualties in Chechnya were an unavoidable consequence of civil war. She argues that racism and nationalism were substantial factors in Russia's second war against the Chechens and the resulting refugee crisis. She does not ignore the war crimes committed by Chechen separatists and pro-Moscow forces. Gilligan traces the radicalization of Chechen fighters and sheds light on the Dubrovka and Beslan hostage crises, demonstrating how they undermined the separatist movement and in turn contributed to racial hatred against Chechens in Moscow. A haunting testament of modern-day crimes against humanity, "Terror in Chechnya" also looks at the international response to the conflict, focusing on Europe's humanitarian and human rights efforts inside Chechnya.
Germans remember the Nazi past so that it may never happen again. But how has the abstract vow to remember translated into concrete action to prevent new genocides abroad? As reports of mass killings in Bosnia spread in the middle of 1995, Germans faced a dilemma. Should the Federal Republic deploy its military to the Balkans to prevent a genocide, or would departing from postwar Germany's pacifist tradition open the door to renewed militarism? In short, when Germans said "never again," did they mean "never again Auschwitz" or "never again war"? Looking beyond solemn statements and well-meant monuments, Andrew I. Port examines how the Nazi past shaped German responses to the genocides in Cambodia, Bosnia, and Rwanda-and further, how these foreign atrocities recast Germans' understanding of their own horrific history. In the late 1970s, the reign of the Khmer Rouge received relatively little attention from a firmly antiwar public that was just "discovering" the Holocaust. By the 1990s, the genocide of the Jews was squarely at the center of German identity, a tectonic shift that inspired greater involvement in Bosnia and, to a lesser extent, Rwanda. Germany's increased willingness to use force in defense of others reflected the enthusiastic embrace of human rights by public officials and ordinary citizens. At the same time, conservatives welcomed the opportunity for a more active international role involving military might-to the chagrin of pacifists and progressives at home. Making the lessons, limits, and liabilities of politics driven by memories of a troubled history harrowingly clear, Never Again is a story with deep resonance for any country confronting a dark past.
Shortly after the Nazi government fell, a philosophy professor at Heidelberg University lectured on a subject that burned the consciousness and conscience of thinking Germans. “Are the German people guilty?†These lectures by Karl Jaspers, an outstanding European philosopher, attracted wide attention among German intellectuals and students; they seemed to offer a path to sanity and morality in a disordered world. Jaspers, a life-long liberal, attempted in this book to discuss rationally a problem that had thus far evoked only heat and fury. Neither an evasive apology nor a wholesome condemnation, his book distinguished between types of guilt and degrees of responsibility. He listed four categories of guilt: criminal guilt (the commitment of overt acts), political guilt (the degree of political acquiescence in the Nazi regime), moral guilt (a matter of private judgment among one’s friends), and metaphysical guilt (a universally shared responsibility of those who chose to remain alive rather than die in protest against Nazi atrocities). Karl Jaspers (1883–1969) took his degree in medicine but soon became interested in psychiatry. He is the author of a standard work of psychopathology, as well as special studies on Strindberg, Van Gogh and Nietsche. After World War I he became Professor of Philosophy at Heidelberg, where he achieved fame as a brilliant teacher and an early exponent of existentialism. He was among the first to acquaint German readers with the works of Kierkegaard. Jaspers had to resign from his post in 1935. From the total isolation into which the Hitler regime forced him, Jaspers returned in 1945 to a position of central intellectual leadership of the younger liberal elements of Germany. In his first lecture in 1945, he forcefully reminded his audience of the fate of the German Jews. Jaspers’s unblemished record as an anti-Nazi, as well as his sentient mind, have made him a rallying point center for those of his compatriots who wish to reconstruct a free and democratic Germany.
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.
Why is it that Catholics and Protestants in Northern Ireland have
been in perpetual conflict for thirty years when they can live and
prosper together elsewhere? Why was there a bloody civil war in
Bosnia and Herzegovina when Croats, Serbs, and Muslims had lived
peacefully side-by-side for decades? Why did nobody see and act
upon the early warning signs of genocide in Rwanda that eventually
killed close to a million people in a matter of weeks? What is it
that makes Kashmir potentially worth a nuclear war between India
and Pakistan?
The laws of war have always been concerned with issues of necessity and proportionality, but how are these principles applied in modern warfare? What are the pressures on practitioners where an increasing emphasis on legality is the norm? Where do such boundaries lie in the contexts, means and methods of contemporary war? What is wrong, or right, in the view of military-political practitioners, in how those concepts relate to today's means and methods of war? These are among the issues addressed by James Gow in his compelling analysis of war and war crimes, which draws upon research conducted over many years with defence professionals from all over the world. Today more than ever, military strategy has to embrace justice and law, with both being deemed essential prerequisites for achieving success on the battlefield. And in a context where legitimacy defines success in warfare, but is a fragile and contested concept, no group has a greater interest in responding to these pressures and changes positively than the military. It is they who have the greatest need and desire to foster legitimacy in war by getting the politics-law-strategy nexus right, as well as developing a clear understanding of the relationship between war and war crimes, and calibrating where war becomes a war crime.
International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice. Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell--with important new discoveries--the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.
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.
In Drunk on Genocide, Edward B. Westermann reveals how, over the course of the Third Reich, scenes involving alcohol consumption and revelry among the SS and police became a routine part of rituals of humiliation in the camps, ghettos, and killing fields of Eastern Europe. Westermann draws on a vast range of newly unearthed material to explore how alcohol consumption served as a literal and metaphorical lubricant for mass murder. It facilitated "performative masculinity," expressly linked to physical or sexual violence. Such inebriated exhibitions extended from meetings of top Nazi officials to the rank and file, celebrating at the grave sites of their victims. Westermann argues that, contrary to the common misconception of the SS and police as stone-cold killers, they were, in fact, intoxicated with the act of murder itself. Drunk on Genocide highlights the intersections of masculinity, drinking ritual, sexual violence, and mass murder to expose the role of alcohol and celebratory ritual in the Nazi genocide of European Jews. Its surprising and disturbing findings offer a new perspective on the mindset, motivation, and mentality of killers as they prepared for, and participated in, mass extermination. Published in Association with the US Holocaust Memorial Museum. |
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