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.

'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.

What has Germany made of its Nazi past?

A significant new look at the legacy of the Nazi regime, this book exposes the workings of past beliefs and political interests on how--and how differently--the two Germanys have recalled the crimes of Nazism, from the anti-Nazi emigration of the 1930s through the establishment of a day of remembrance for the victims of National Socialism in 1996.

Why, Jeffrey Herf asks, would German politicians raise the specter of the Holocaust at all, in view of the considerable depth and breadth of support its authors and their agenda had found in Nazi Germany? Why did the public memory of Nazi anti-Jewish persecution and the Holocaust emerge, if selectively, in West Germany, yet was repressed and marginalized in "anti-fascist" East Germany? And how do the politics of left and right come into play in this divided memory? The answers reveal the surprising relationship between how the crimes of Nazism were publicly recalled and how East and West Germany separately evolved a Communist dictatorship and a liberal democracy. This book, for the first time, points to the impact of the Cold War confrontation in both West and East Germany on the public memory of anti-Jewish persecution and the Holocaust.

Konrad Adenauer, Theodor Heuss, Kurt Schumacher, Willy Brandt, Richard von Weizsacker, and Helmut Kohl in the West and Walter Ulbricht, Wilhelm Pieck, Otto Grotewohl, Paul Merker, and Erich Honnecker in the East are among the many national figures whose private and public papers and statements Herf examines. His work makes the German memory of Nazism--suppressed on the one hand and selective on the other, from Nuremberg to Bitburg--comprehensible withinthe historical context of the ideologies and experiences of pre-1945 German and European history as well as within the international context of shifting alliances from World War II to the Cold War. Drawing on West German and recently opened East German archives, this book is a significant contribution to the history of belief that shaped public memory of Germany's recent past.

In 1988, during what was probably one of the last trials of a Nazi war criminal - and the first of such trials to take place in France - Klaus Barbie, the notorious "Butcher of Lyons", was found guilty of crimes against humanity and sentenced to life in prison. Yet despite the memories stirred and despite the verdict, to Alain Finkielkraut the trial was a moral failure. In Remembering in Vain: The Klaus Barbie Trial and Crimes Against Humanity, Finkielkraut maintains that the Barbie trial attests to the failure of international society to take responsibility for criminals of state. Trying Barbie not only for actions against Jews but also for actions against the Resistance - actions heretofore considered war crimes on which the statute of limitations had run out - the French court blurred the definition of crimes against humanity. Finkielkraut finds most disturbing how seriously the arguments of the defense were taken in media responses to the trial. Manipulating the guilty conscience of the West by concentrating on French colonial crimes of the post-World War II era, Barbie's lawyers became accusers, disputing the special significance of the Holocaust and portraying nearly everyone as guilty - except Barbie himself. Remembering in Vain is Finkielkraut's passionate reminder that the Holocaust struck a mortal blow against the very idea of human progress, a blow that the West and the Third World cannot afford to forget or ignore. A substantial introduction by Alice Kaplan situates the book for an American audience, providing background on Klaus Barbie, the trial, and the Resistance. A glossary of names and terms is included.

Uncovering the secrets behind the 1968 My Lai massacre in Vietnam, this is "a brutal, cautionary tale that serves as a painful reminder of the worst that can happen in war."—Chicago Tribune.

On August 1, 1984, a group of Polish Carmelite nuns, with the approval of both church and government authorities, but apparently without any dialogue with members of the Polish or international Jewish community, moved into a building at the site of Auschwitz I. This establishment of a Roman Catholic convent in what was once a storehouse for the poisonous Zyklon B used in the gas chambers of the Nazi extermination center has sparked intense controversy between Jews and Christians. Memory Offended is as definitive a survey of the Auschwitz convent controversy as could be hoped for. But even more important than its thorough chronological record of events pertinent to the dispute, is the book's use of this particular controversy as a departure for reflection on fundamental issues for Jews and Christians and their relationships with each other. Essays by fourteen distinguished international scholars who represent diverse viewpoints within their Jewish and Christian traditions identify, analyze, and comment on the long-range issues, questions, and implications at the heart of the controversy. A recent interview with the internationally renowned Holocaust authority and survivor, Elie Wiesel, makes an important contribution to the ongoing discussion. The volume merits careful reading by all who seek to learn the lessons this controversy can teach both Christians and Jews.

In their introduction, editors Carol Rittner and John K. Roth define the meaning of the word covenant in both the Jewish and Christian religious traditions. They develop a compelling argument for the notion that the Christian concept of a new covenant between God and humanity, which supposedly superseded JudaisM's old covenant, formed the basis for the centuries-old anti-Jewish contempt that led to Auschwitz--the Nazi death camp where 1.6 million human beings, mostly Jews, were exterminated. The editors contend that the existence of a convent at this site offended memory. The vital issue of what constitutes a fitting Auschwitz memorial is addressed throughout the volume's three major divisions in which important thinkers, including Robert McAfee Brown and Richard L. Rubenstein, among others, investigate The History and Politics of Memory, The Psychology of Memory, and The Theology of Memory. Important tools for researchers are a chronology of events pertinent to the Auschwitz convent controversy, 1933-1990 and an appendix that contains many key documents relating to the controversy. Memory Offended will be an important resource in university and public libraries as well as in Holocaust courses, classes on Jewish Studies, twentieth-century history, and those that focus on interreligious issues.

In war, there is no easy victory. When troops invaded Iraq in 2003 to topple Saddam Hussein's regime, most people expected an easy victory. Instead, the gamble we took was a grave mistake, and its ramifications continue to reverberate through the lives of millions, in Iraq and the West. As we gain more distance from those events, it can be argued that many of the issues facing us today - the rise of the Islamic State, increased Islamic terrorism, intensified violence in the Middle East, mass migration, and more - can be traced back to the decision to invade Iraq. In The Iraq War, award-winning documentary maker James Bluemel collects first-hand testimony from those who lived through the horrors of the invasion and whose actions were dictated by such extreme circumstances. It takes in all sides of the conflict - working class Iraqi families watching their country erupt into civil war; soldiers and journalists on the ground; American families dealing with the grief of losing their son or daughter; parents of a suicide bomber coming to terms with unfathomable events - to create the most in-depth and multi-faceted portrait of the Iraq War to date. Accompanying a major BBC series, James Bluemel's book is an essential account of a conflict that continues to shape our world, and a startling reminder of the consequences of our past decisions.

This comprehensive treatment of post-World War II Allied war crimes trials in the Far East is a significant contribution to a neglected subject. While the Nuremberg and, to a lesser degree, Tokyo tribunals have received considerable attention, this is the first full-length assessment of the entire Far East operation, which involved some 5,700 accused and 2,200 trials. After discussing the Tokyo trial, Piccigallo systematically examines the operations of each Allied nation, documenting procedure and machinery as well as the details of actual trials (including hitherto unpublished photographs) and ending with a statistical summary of cases. This study allows a completely new assessment of the Far East proceedings: with a few exceptions, the trials were carefully and fairly conducted, the efforts of defense counsel and the elaborate review procedures being especially noteworthy. Piccigallo's approach to this emotion-filled subject is straightforward and evenhanded throughout. He concludes with a discussion of the broader implications of such war crimes trials, a matter of interest to the general reader as well as to specialists in history, law, and international affairs.

Already acclaimed in England as "first-rate" ("The Sunday Times"); "a model of meticulous, courageous and path-breaking scholarship"("Literary Review"); and "absorbing and thoroughly gripping... deserves a lasting place among histories of the war." ("The Sunday Telegraph"), "Hunting Evil "is the first complete and definitive account of how the Nazis escaped and were pursued and captured -- or managed to live long lives as fugitives.
At the end of the Second World War, an estimated 30,000 Nazi war criminals fled from justice, including some of the highest ranking members of the Nazi Party. Many of them have names that resonate deeply in twentieth-century history -- Eichmann, Mengele, Martin Bormann, and Klaus Barbie -- not just for the monstrosity of their crimes, but also because of the shadowy nature of their post-war existence, holed up in the depths of Latin America, always one step ahead of their pursuers. Aided and abetted by prominent people throughout Europe, they hid in foreboding castles high in the Austrian alps, and were taken in by shady Argentine secret agents. The attempts to bring them to justice are no less dramatic, featuring vengeful Holocaust survivors, inept politicians, and daring plots to kidnap or assassinate the fugitives.
In this exhaustively researched and compellingly written work of World War II history and investigative reporting, journalist and novelist Guy Walters gives a comprehensive account of one of the most shocking and important aspects of the war: how the most notorious Nazi war criminals escaped justice, how they were pursued, captured or able to remain free until their natural deaths and how the Nazis were assisted while they were on the run by "helpers" ranging from a Vatican bishop to a British camel doctor, and even members of Western intelligence services. Based on all new interviews with Nazi hunters and former Nazis and intelligence agents, travels along the actual escape routes, and archival research in Germany, Britain, the United States, Austria, and Italy, "Hunting Evil " authoritatively debunks much of what has previously been understood about Nazis and Nazi hunters in the post war era, including myths about the alleged "Spider" and "Odessa" escape networks and the surprising truth about the world's most legendary Nazi hunter Simon Wiesenthal.
From its haunting chronicle of the monstrous mass murders the Nazis perpetrated and the murky details of their postwar existence to the challenges of hunting them down, " Hunting Evil "is a monumental work of nonfiction written with the pacing and intrigue of a thriller.

"From the Hardcover edition."

La condamnation du Hissein Habre pour crimes contre l'humanite a ete decrite comme "un tournant pour la justice des droits humains en Afrique et au-dela". Pour la premiere fois, un criminel de guerre africain etait condamne sur le sol africain. Pour avoir, des le debut, suivi le proces et interroge de nombreuses personnes impliquees, la journaliste Celeste Hicks raconte la remarquable histoire de la maniere dont Habre a ete traduit en justice. Sa condamnation fait suite a une campagne heroique de 25 ans menee par des militants et des survivants des atrocites de Habre qui a abouti, malgre l'indifference internationale, l'opposition des allies de Habre et plusieurs tentatives infructueuses de le traduire en justice en Europe et ailleurs. Face a de telles difficultes, la condamnation d'un dirigeant, autrefois intouchable, represente un tournant majeur, et a de profondes implications pour la justice africaine et l'avenir de l'activisme pour les droits humains dans le monde.

Why is it that men and boys have been and still are violated in human conflict, be it in conventional war, insurgencies or periods of civil and ethnic strife? Above all, why, throughout history, have victims, perpetrators and society as a whole refused to acknowledge this violation, and why do episodes of male-on-male rape and sexual abuse feature so rarely in accounts of war, be they official histories, eye-witness ac- counts or popular narratives? Is there more to this elision of memory than simply shame? Is there more to it than the victor's desire to violate the enemy body? Amalendu Misra's startlingly original re- search into male sexual violence explores the meaning and role of the male body prior to its abuse and how it is altered by violation in war- time. He examines the bio-political contexts of conflict in which primarily men and occasion- ally women sexually violate men; he details the inadequate legal safeguards for survivors of such events; and in unearthing and analysing an ignored aspect of war, he inquires whether such violence can ever be deterred.

Since the end of World War II and the founding of the United Nations, genocide, crimes against humanity and other war crimes-mass atrocities-have been explicitly illegal. When such crimes are committed, the international community has an obligation to respond: the human rights of the victims outweigh the sovereignty claims of states that engage in or allow such human rights violations. This obligation has come to be known as the responsibility to protect. Yet, parallel to this responsibility, two other related responsibilities have developed: to prosecute those responsible for the crimes, and to provide humanitarian relief to the victims-what the author calls the responsibility to palliate. Even though this rhetoric of protecting those in need is well used by the international community, its application in practice has been erratic at best. In International Responses to Mass Atrocities in Africa, Kurt Mills develops a typology of responses to mass atrocities, investigates the limitations of these responses, and calls for such responses to be implemented in a more timely and thoughtful manner. Mills considers four cases of international responses to mass atrocities-in Rwanda, the Democratic Republic of the Congo, Uganda, and Darfur-putting the cases into historical context and analyzing them according to the typology, showing how the responses interact. Although all are intended to address human suffering, they are very different types of actions and accomplish different things, over different timescales, on different orders of magnitude, and by very different types of actors. But the critical question is whether they accomplish their objectives in a mutually supportive way-and what the trade-offs in using one or more of these responses may be. By expanding the understanding of international responsibilities, Mills provides critical analysis of the possibilities for the international community to respond to humanitarian crises.

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milosević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague.

Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law; local justice and cosmopolitan reckoning; collective guilt and individual responsibility; and between the instinct that war, at worst, is an error, and the conviction that war is a crime.

Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Gross violations of International Humanitarian Law and International Human Rights Laws have been committed in Syria. After a full cessation of violence, launching transitional justice processes will signal to the victims that those responsible for committing these crimes will be brought to reparation and that the time of impunity is over. This book discusses the available options of justice and how accountability will be achieved through international systems and a new hybrid court system.

The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.

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.

Global Predator is a damning account of the atrocities committed by invading US armed forces, from the 1846 war on Mexico to the recent wars on Iraq. In between are chapters on the Spanish and Philippines War, the World Wars, Korea, and Vietnam, plus appendices on other incursions. As he marshals the facts for a contrarian view of US history, author Stewart Halsey Ross is angered by a persistent pattern of brutality, jingoism and hypocrisy he finds behind America's mask of "Manifest Destiny" - yet he notes the great reluctance of the American people to enter into five of these eight wars. Ross (d. 2010) was an expert on military affairs. His earlier book published by Progressive Press, Propaganda for War, tells how Woodrow Wilson and the British twisted the truth to get the US into the Great War.

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.

Every year, hundreds of thousands of women become victims of sexual violence in conflict zones around the world; in the Democratic Republic of Congo alone, approximately 1,100 rapes are reported each month. This book offers a comprehensive analysis of the causes, consequences and responses to sexual violence in contemporary armed conflict. It explores the function and effect of wartime sexual violence and examines the conditions that make women and girls most vulnerable to these acts both before, during and after conflict. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity. Difficult questions of accountability are tackled; in particular, the case of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities. The book concludes by looking at strategies of prevention and protection as well as new programs being set up on the ground to support the rehabilitation of survivors and their communities. Sexual violence in war has long been a taboo subject but, as this book shows, new and courageous steps are at last being taken o at both local and international level - to end what has been called the "greatest silence in history."

This book is an outstanding document and account of the International Military Tribunal that took place in Tokyo at the end of World War Two. As in the Nuremberg Trial, the leaders of Japan were accused of crimes against peace and crimes against humanity, as well as war crimes.

75 years after the United States dropped the world's first atomic bombs on the Japanese cities of Hiroshima and Nagasaki, a group of international scholars offers new perspectives on this event and the history, development, and portrayal of the utilization of atomic energy: in military and civilian industries, civil nuclear power, literature and film, and the contemporary world. What lessons have we learned since the end of the Second World War? Can we avoid disasters such as Chernobyl and Fukushima? Have we learned to live with man-made nuclear power in the 21st century?

Radhabinod Pal was an Indian jurist who achieved international fame as the judge representing India at the Tokyo War Crimes Tribunal and dissented from the majority opinion, holding that all Japanese "Class A" war criminals were not guilty of any of the charges brought against them. In postwar Japanese politics, right-wing polemicists have repeatedly utilized his dissenting judgment in their political propaganda aimed at refuting the Tokyo trial's majority judgment and justifying Japan's aggression, gradually elevating this controversial lawyer from India to a national symbol of historical revisionism. Many questions have been raised about how to appropriately assess Pal's dissenting judgment and Pal himself. Were the arguments in Pal's judgment sound? Why did he submit such a bold dissenting opinion? What was the political context? More fundamentally, why and how did the Allies ever nominate such a lawyer as a judge for a tribunal of such great political importance? How should his dissent be situated within the context of modern Asian history and the development of international criminal justice? What social and political circumstances in Japan thrust him into such a prominent position? Many of these questions remain unanswered, while some have been misinterpreted. This book proposes answers to many of them and presents a critique of the persistent revisionist denial of war responsibility in the Japanese postwar right-wing movement.