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.

In 1964/1965, Colonel Mike Hoare led 300 ‘Wild Geese’ across the Congo to crush a communist rebellion, rescue 2000 nuns and priests from barbarity, beat Che Guevara … and become a legend.

Of Irish blood, Mike was schooled in England and, during World War 2, was the ‘best bloody soldier in the British Army’. He demobbed as major, qualified in London as a chartered accountant and emigrated to South Africa. Going rogue, he started living dangerously to get more out of life, including trans-Africa motorbike trips, bluewater sailing, exploring remote areas, and leading safaris in the Kalahari Desert. Here Mike got to know the CIA agent who was to change his life … and Nelson Mandela’s. Later Mike was technical advisor to the film The Wild Geese, which starred Richard Burton playing the Mike Hoare character.

In 1981 Mike led 50 ‘Frothblowers’ in a bid to depose the socialist government of the Seychelles. Things went wrong and soon Mike was to spend three years in jail for hijacking a Boeing 707.

Here for the first time, in this story behind the story, Chris Hoare separates the man from the myth in a way only a son can, and concludes his ‘mad dad’ was an officer and a gentleman with a bit of pirate thrown in.

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.

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.

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.

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

"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.

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.

Since the Nuremberg trials following World War II, there has been considerable debate about the nature and effects of war crimes with regard both to the Nazis and to modern-day perpetrators. What constitutes a “war crime,� and how has the concept changed over time? How do victors and vanquished deal with crimes that have universal as well as national dimensions? How is the historical reality of war crimes related to their judicial treatment? How are perpetrators portrayed during investigations and trials? These timely and provocative essays make use of newly available archival sources and a wide range of case studies to provide in-depth analyses of war crimes within a broad historical framework. The essays are organized into four sections: the history of war-crime trials from Weimar Germany to just after World War II; the sometimes diverging Allied efforts to come to terms with the Nazi concentration camp system; the ability of postwar society to confront war crimes of the past; and the legacy of war-crime trials in the twenty-first century. Atrocities on Trial illuminates a dark and timely subject and helps us to understand the ongoing struggle to hold accountable those who perpetrate crimes against humanity.

Crimes of War--Iraq provides a comprehensive legal, historical, and psychological exploration of the war in Iraq from the same editorial team whose 1971 Crimes of War was a landmark book about Vietnam and the revelation of American war crimes. The editors apply standards of international criminal law, as set forth at Nuremberg after World War II, and by subsequent developments regarding individual responsibility and accountability. These principles have to do with the waging of aggressive war, attacks on civilian centers of population, rights of resistance against an illegal occupation, and the abuse of prisoners. Explorations of psychology and human behavior include levels of motivation and response in connection with torture at Abu Ghraib; the phenomenon of the atrocity-producing situation in both Vietnam and Iraq (in which counter-insurgency, military policies, and angry grief could cause ordinary people to participate in atrocities); the behavior of doctors and medics in colluding in torture at Abu Ghraib; emerging testimony of American veterans of Iraq concerning the confusions of the mission, and the widespread killing of civilians; and accounts of broadening unease and psychological disturbance among men and women engaged in combat.

In wartime, presidents are always tempted to expand their authority. But in doing so, they often reach beyond their constitutional mandate.

Although the use of military tribunals can be necessary and even effective in times of war, Louis Fisher contends that these courts present a grave danger to open government and the separation of powers. Citing the constitutional provision vesting Congress with the authority to create tribunals, Fisher addresses the threats posed by the dramatic expansion of presidential power in time of war-and the meek efforts of Congress and the judiciary to curb it.

"Military Tribunals and Presidential Power" is the only book to offer detailed and comprehensive coverage of these extra-legal courts, taking in the sweep of American history from colonial times to today's headlines. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman. He also examines other presidential actions that present military justifications to augment political power, such as suspending the writ of habeas corpus, invoking martial law, and using courts-martial to try U.S. citizens.

Fisher also analyzes how the Bush administration relied heavily on precedents set in World War II-notably the Supreme Court's opinion regarding Nazi saboteurs, Ex parte Quirin, a case shown in recent times to have been a rush to judgment. He scrutinizes the much-publicized cases of John Walker Lindh, Yaser Esam Hamdi, Jose Padilla, Zacarias Moussaoui, and the Guantanamo detainees to reveal how the executive branch has gone far beyond the bounds of even Quirin, and he suggests that it is short-sighted to believe that what was only tolerable half a century ago should be accepted as a given today.

Fisher's primary concern is to show that the breadth of presidential power in time of war comes at the cost of legislative and judicial control-and that military tribunals represent a concentration of power in the executive branch that the United States would be quick to condemn in other countries. His book cuts to the bone of today's controversies and sounds an alarm for maintaining the checks and balances we value as a nation.

The Nazi looting machine was notoriously efficient during the Second World War. In the Netherlands, 8.5 million citizens suffered losses estimated at 3.6 billion guilders. Approximately one-third of these losses were borne by Jews, who comprised only 1.6% of the total population. In todays terms, the German occupiers stripped the Jewish population of assets worth $7 billion.Nazi Looting offers a comprehensive history of the Dutch experience and demonstrates how reputable indigenous institutions acted as willing collaborators. Beginning with a survey of international law and various definitions of 'looting', the author shows how the Germans systematically robbed Dutch Jewry through a variety of means that gave the outward appearance of honest trading. Forced to sell under duress and at unreasonably low prices, few dared refuse the German on the doorstep when threatened with prison or incarceration in a camp.The plundering was total and systematic. In May 1940, a team of highly trained art historians, linguists, musicologists and literary experts arrived immediately behind the victorious German troops to catalogue the vast collections for Hitler. From 1941, Jews were compelled to deposit all their money into a bank called Lippmann, Rosenthal Co. The name of the bank itself was a cynical ploy since it was taken from a respected, Jewish-owned Amsterdam bank and presented as a new branch. This bank, however, simply channelled money into the Third Reich with the help of the Amsterdam Stock Exchange, insurance brokers and other well-established Dutch banks. Once the Jews were deported, their houses were emptied and the contents used to re-furnish bombed out areas of the Reich. In common with many other formerly Nazi-occupied countries in Europe, the Netherlands has been unable to retrieve many of its pre-war assets. More than fifty years after the wars end, 20% of its most important pre-war museum exhibits and approximately 80% of the less important works remain untrace

'A chilling glimpse into the minds of Hitler's chief lieutenants' 
J. G. Ballard, New Statesman, Books of the Year

How can we ever understand why those in the Third Reich acted the way they did? What could have led them to commit such atrocities in the name of the Führer?

In 1945, as the Nazi regime collapsed, its remaining leaders were imprisoned and interrogated for months before the Nuremberg Trials. In this searing work Richard Overy reveals the original transcripts of these little-known interviews with key Nazis: the brutal and unrepentant Goering, the selective amnesiac Hess, the deliberately evasive Ribbentrop, the courteous Speer and the suicidal Ley. For the first time, they were forced to examine their actions and speak about the unspeakable. The result is an unprecedented and shocking insight into Hitler's henchmen.

The subject of war crimes and collective wrongdoing - whether in the name of ethnic cleansing or a more veiled form of nationalism - is in the forefront of contemporary discourse in politics, international affairs, and political philosophy. This volume addresses urgent questions about the nature of war crimes, nationalism, ethnic cleansing, and collective responsibility.

In fourteen newly written essays, a distinguished team of international scholars consider war crimes and collective wrongdoing from a variety of moral, political, and legal perspectives. There is a substantial introduction from Anthony Ellis and each group of essays is followed by an afterword from the editor and suggestions for further reading.

Consistently probing and provocative, "War Crimes and Collective Wrongdoing" promises to be of enduring interest to students and scholars alike.