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.

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.

The Nuremberg War Crimes Trial has become a symbol of justice, the pivotal moment when the civilized world stood up for Europe's Jews and, ultimately, for human rights. Yet the world, represented at the time by the Allied powers, almost did not stand up despite the magnitude of the horrors perpetrated by the Nazis. Seeking justice for the Holocaust had not been an automatic-or an obvious-mission for the Allies to pursue. In this book, Graham Cox recounts the remarkable negotiations and calculations that brought the United States and its allies to this point. At the center of this story is the collaboration between Franklin D. Roosevelt and Herbert C. Pell, Roosevelt's appointee as U.S. representative to the United Nations War Crimes Commission, in creating an international legal protocol to prosecute Nazi officials for war crimes and genocide. Pell emerges here as an unheralded force in pursuing justice and in framing human rights as an international concern. The book also enlarges our perspective on Roosevelt's policies regarding European Jews by revealing the depth of his commitment to postwar justice in the face of staunch opposition, even from some within his administration. What made the international effort especially contentious was a debate over its focus-how to punish for aggressive warfare and crimes against humanity. Cox exposes the internal contradictions and contortions behind the U.S. position and the maneuverings of numerous officials negotiating the legal parameters of the trials. Most telling perhaps were the efforts of Robert H. Jackson, the chief U.S. prosecutor at Nuremberg, to circumscribe the scope of new international law-for fear of setting precedents that might boomerang on the United States because of its own racial segregation practices. With its broad new examination of the background and context of the Nuremberg trials, and its expanded view of the roles played by Roosevelt and his unlikely deputy Pell, Seeking Justice for the Holocaust offers a deeper and more nuanced understanding of how the Allies came to hold Nazis accountable for their crimes against humanity.

As the world becomes ever more unequal, people become ever more 'disposable'. Today, governments systematically exclude sections of their populations from society through heavy-handed policing. But it doesn't always go to plan. William I. Robinson exposes the nature and dynamics of this out-of-control system, arguing for the urgency of creating a movement capable of overthrowing it. The global police state uses a variety of ingenious methods of control, including mass incarceration, police violence, US-led wars, the persecution of immigrants and refugees, and the repression of environmental activists. Movements have emerged to combat the increasing militarization, surveillance and social cleansing; however many of them appeal to a moral sense of social justice rather than addressing its root - global capitalism. Using shocking data which reveals how far capitalism has become a system of repression, Robinson argues that the emerging megacities of the world are becoming the battlegrounds where the excluded and the oppressed face off against the global police state.

Using more than a decade's worth of fieldwork in South Sudan, Clémence Pinaud here explores the relationship between predatory wealth accumulation, state formation, and a form of racism—extreme ethnic group entitlement—that has the potential to result in genocide.  War and Genocide in South Sudan traces the rise of a predatory state during civil war in southern Sudan and its transformation into a violent Dinka ethnocracy after the region's formal independence. That new state, Pinaud argues, waged genocide against non-Dinka civilians in 2013-2017. During a civil war that wrecked the region between 1983 and 2005, the predominantly Dinka Sudan People's Liberation Army (SPLA) practiced ethnically exclusive and predatory wealth accumulation. Its actions fostered extreme group entitlement and profoundly shaped the rebel state. Ethnic group entitlement eventually grew into an ideology of ethnic supremacy.  After that war ended, the semi-autonomous state turned into a violent and predatory ethnocracy—a process accelerated by independence in 2011. The rise of exclusionary nationalism, a new security landscape, and inter-ethnic political competition contributed to the start of a new round of civil war in 2013, in which the recently founded state unleashed violence against nearly all non-Dinka ethnic groups. Pinaud investigates three campaigns waged by the South Sudan government in 2013–2017 and concludes they were genocidal—they sought to destroy non-Dinka target groups. She demonstrates how the perpetrators' sense of group entitlement culminated in land-grabs that amounted to a genocidal conquest echoing the imperialist origins of modern genocides. Thanks to generous funding from TOME, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war. Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.

On Australia Day 1990, a 73-year-old man was plucked from the Adelaide suburbs and accused of helping massacre nearly 900 men, women and children in Nazi-occupied Ukraine. David Bevan describes the legal maneuverings that followed in a compelling work of courtroom drama.

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 four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.

A philosophical investigation of dealing with guilt and its impact on democracy, in the case of Austrian NazisDrawing on the work of Hannah Arendt and Theodor W. Adorno, this book illustrates the relevance and applicability of a political discussion of guilt and democracy. It appropriates psychoanalytic theory to analyse court documents of Austrian Nazi perpetrators as well as recent public controversies surrounding Austria's involvement in the Nazi atrocities and ponders how the former agents of Hitlerite crimes and contemporary Austrians have dealt with their guilt. Exposing the defensive mechanisms that have been used to evade facing involvement in Nazi atrocities, Leeb considers the possibilities of breaking the cycle of negative consequences that result from the inability to deal with guilt. Leeb shows us that only by guilt can individuals and nations take responsibility for their past crimes, show solidarity with the victims of crimes, and prevent the emergence of new crimes.

Is there a point to international justice? Many contend that tribunals deliver not only justice but truth, reconciliation, peace, democratization, and the rule of law. These are the transitional justice ideals frequently invoked in relation to the international hybrid tribunal in Cambodia that is trying senior leaders of the Khmer Rouge regime for genocide and crimes against humanity committed during the mid-to-late 1970s. In this ground-breaking book, Alexander Hinton argues these claims are a facade masking what is most critical: the ways in which transitional justice is translated, experienced, and understood in everyday life. Rather than reading the Khmer Rouge Tribunal in the language of global justice and human rights, survivors understand the proceedings in their own terms, including Buddhist beliefs and on-going relationships with the spirits of the dead.

From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent's early embrace of international criminal justice seems to be taking a new turn with the recent resistance from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This book analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, both acting individually and within the framework of the African Union, and the permanent Hague-based ICC. Leading commentators offer valuable insights on the core legal and political issues that have confused the relationship between the two sides and expose the uneasy interaction between international law and international politics. They offer suggestions on how best to continue the fight against impunity, using national, ICC, and regional justice mechanisms, while taking into principled account the views and interests of African States.

This book examines the most polemical atrocity of the Spanish civil war: The massacre of 2,500 political prisoners by Republican security forces in the villages of Paracuellos and Torrejon de Ardoz near Madrid in November/December 1936. The atrocity took place while Santiago Carrillo -- later Communist Party leader in the 1970s -- was responsible for public order. Although Carrillo played a key role in the transition to democracy after Franco's death in 1975, he passed away at the age of 97 in 2012 still denying any involvement in 'Paracuellos' (the generic term for the massacres). The issue of Carrillo's responsibility has been the focus of much historical research. Julius Ruiz places Paracuellos in the wider context of the 'Red Terror' in Madrid, where a minimum of 8,000 'fascists' were murdered after the failure of military rebellion in July 1936. He rejects both 'revisionist' right-wing writers such as Cesar Vidal who cite Paracuellos as evidence that the Republic committed Soviet-style genocide and left-wing historians such as Paul Preston, who in his Spanish Holocaust argues that the massacres were primarily the responsibility of the Soviet secret police, the NKVD. The book argues that Republican actions influenced the Soviets, not the other way round: Paracuellos intensified Stalin's fears of a 'Fifth Column' within the USSR that facilitated the Great Terror of 193738. It concludes that the perpetrators were primarily members of the Provincial Committee of Public Investigation (CPIP), a murderous all-leftist revolutionary tribunal created in August 1936, and that its work of eliminating the 'Fifth Column' (an imaginary clandestine Francoist organisation) was supported not just by Carrillo, but also by the Republican government. In Autumn 2015 the book was serialised in El Mundo, Spain's second largest selling daily, to great acclaim.

This book examines the most polemical atrocity of the Spanish civil war: The massacre of 2,500 political prisoners by Republican security forces in the villages of Paracuellos and Torrejon de Ardoz near Madrid in November/December 1936. The atrocity took place while Santiago Carrillo -- later Communist Party leader in the 1970s -- was responsible for public order. Although Carrillo played a key role in the transition to democracy after Franco's death in 1975, he passed away at the age of 97 in 2012 still denying any involvement in 'Paracuellos' (the generic term for the massacres). The issue of Carrillo's responsibility has been the focus of much historical research. Julius Ruiz places Paracuellos in the wider context of the 'Red Terror' in Madrid, where a minimum of 8,000 'fascists' were murdered after the failure of military rebellion in July 1936. He rejects both 'revisionist' right-wing writers such as Cesar Vidal who cite Paracuellos as evidence that the Republic committed Soviet-style genocide and left-wing historians such as Paul Preston, who in his Spanish Holocaust argues that the massacres were primarily the responsibility of the Soviet secret police, the NKVD. The book argues that Republican actions influenced the Soviets, not the other way round: Paracuellos intensified Stalin's fears of a 'Fifth Column' within the USSR that facilitated the Great Terror of 193738. It concludes that the perpetrators were primarily members of the Provincial Committee of Public Investigation (CPIP), a murderous all-leftist revolutionary tribunal created in August 1936, and that its work of eliminating the 'Fifth Column' (an imaginary clandestine Francoist organisation) was supported not just by Carrillo, but also by the Republican government. In Autumn 2015 the book was serialised in El Mundo, Spain's second largest selling daily, to great acclaim.

Immediately following Pearl Harbor, Japan wrenched the meagerly defended Netherlands East Indies, now known as Indonesia, from the hands of its Dutch colonialists. Suddenly, one of the world's largest nations was at the service of the Japanese Imperial Army. A highly successful campaign recruited young Indonesian men to support the Japanese war efforts, but hidden behind the facade of Asian brotherhood was a sinister truth-during the brief 40 months of Japanese occupation, as many as several million Indonesians were worked to death or summarily killed as expendable slave laborers known as the romusha. While many romusha were lost from all memory and record, nine hundred Indonesians were known victims of a brutal and immoral medical experiment perpetuated by an increasingly desperate Imperial Japan. With the tide of the war turning and in dire need of a means to protect their troops from tetanus in anticipation of a land assault, the Japanese used romusha as human guinea pigs for a vaccine that had not been sufficiently vetted. In a matter of days, all 900 patients had suffered protracted and agonizing deaths. With the American and Allied forces poised to win the war, Japan needed a scapegoat for this well-documented incident if it was to avoid war crimes prosecution. In War Cimes in Japan-Occupied Indonesia: A Case of Murder by Medicine, J. Kevin Baird and Sangkot Marzuki chronicle the life and wrongful execution of Achmad Mochtar, a native Indonesian and renowned scientist, against the backdrop of a tropical medicine and the science of vaccination, not only to exonerate an innocent man, but also to provide a picture of a nascent country emerging from the ravages of colonization and occupation.

The Nuremberg Interviews reveals the chilling innermost thoughts of the former Nazi officials under indictment at the famous postwar trial. The architects of one of history's greatest atrocities speak out about their lives, their careers in the Nazi Party and their views on the Holocaust. Their reflections are recorded in a set of interviews conducted by a U.S. Army psychiatrist. Dr Leon Goldensohn was entrusted with monitoring the mental health of the two dozen German leaders charged with carrying out genocide, as well as that of many of the defence and prosecution witnesses. These recorded conversations have gone largely unexamined for more than fifty years. Here are interviews with some of the highest-ranking Nazi officials in the Nuremberg jails, including Hans Frank, Hermann Goering, Ernest Kaltenbrunner, and Joachim von Ribbentrop. Here, too, are interviews with lesser-known officials who were, nonetheless, essential to the workings of the Third Reich. Goldensohn was a particularly astute interviewer, his training as a psychiatrist leading him to probe the motives, the rationales, and the skewing of morality that allowed these men to enact an unfathomable evil. Candid and often shockingly truthful, these interviews are deeply disturbing in their illumination of an ideology gone mad. Each interview is annotated with biographical information and footnotes that place the man and his actions in their historical context and are a profoundly important addition to our understanding of the Nazi mind and mission.

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

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.