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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes > General
The Enemy Combatants Papers presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the U.S. Constitution guarantees and to whom. In these documents, the reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. Complemented with a comprehensive timeline and appendices that include the relevant cases from the Civil War, World War II, and the Korean War and the premises for setting up military commissions and Combatant Status Review Tribunals, this book is meant for those who seek to understand the issues - legal, political, and military - that have dominated the search for balance between justice and security in the war on terror.
The shocking, true story of a soldier gone rogue, and the court martial case that divided America. This is the full story of Eddie Gallagher, a US recruit who was inspired to serve his nation, who became addicted to combat, and whose need to prove himself among his fellow soldiers pushed him to extremes. His actions during a combat deployment to Mosul would divide his platoon, then the SEALs, the Navy, the armed forces, the government, and even the American public, when the President intervened in his trial. Alpha is an examination of how culture within the military has evolved since 9/11. In an endless war without major victories, the media has instead celebrated achievements of SEAL missions - such as the killing of Osama Bin Laden, the rescuing of Captain Phillips, and the survival of Marcus Luttrell. But the SEALs' popularity blinded the public to what was also happening within the armed forces. When Gallagher was accused of killing an unarmed enemy combatant, it created a scandal that reached the White House and millions around the world.
The trial of major Nazi war criminals in Nuremberg was a landmark
event in the development of modern international law, and continues
to be highly influential in our understanding of international
criminal law and post-conflict justice. This volume offers a unique
collection of the most important essays written on the Trial,
discussing the key legal, political and philosophical questions
raised by the Trial both at the time and in historical
perspective.
This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume--lawyers, scholars, and government officials--include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course--its choice of judges, procedures, decisions, and omissions--General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Issues of the war that have provoked public controversy and legal debate over the last two years--the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes--are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
*A Telegraph Book of the Year* *Shortlisted for the Parliamentary Book Awards* An astonishing investigation into the start of the Russo-Ukrainian war – from the corridors of the Kremlin to the trenches of Mariupol. The Russo-Ukrainian War is the most serious geopolitical crisis since the Second World War – and yet at the heart of the conflict is a mystery. Vladimir Putin apparently lurched from a calculating, subtle master of opportunity to a reckless gambler, putting his regime – and Russia itself – at risk of destruction. Why? Drawing on over 25 years’ experience as a correspondent in Moscow, as well as his own family ties to Russia and Ukraine, journalist Owen Matthews takes us through the poisoned historical roots of the conflict, into the Covid bubble where Putin conceived his invasion plans in a fog of paranoia about Western threats, and finally into the inner circle around Ukrainian president and unexpected war hero Volodimir Zelensky. Using the accounts of current and former insiders from the Kremlin and its propaganda machine, the testimony of captured Russian soldiers and on-the-ground reporting from Russia and Ukraine, Overreach tells the story not only of the war’s causes but how the first six months unfolded. With its panoramic view, Overreach is an authoritative, unmissable record of a conflict that shocked Europe to its core.
Shortly after the Nazi government fell, a philosophy professor at Heidelberg University lectured on a subject that burned the consciousness and conscience of thinking Germans. “Are the German people guilty?†These lectures by Karl Jaspers, an outstanding European philosopher, attracted wide attention among German intellectuals and students; they seemed to offer a path to sanity and morality in a disordered world. Jaspers, a life-long liberal, attempted in this book to discuss rationally a problem that had thus far evoked only heat and fury. Neither an evasive apology nor a wholesome condemnation, his book distinguished between types of guilt and degrees of responsibility. He listed four categories of guilt: criminal guilt (the commitment of overt acts), political guilt (the degree of political acquiescence in the Nazi regime), moral guilt (a matter of private judgment among one’s friends), and metaphysical guilt (a universally shared responsibility of those who chose to remain alive rather than die in protest against Nazi atrocities). Karl Jaspers (1883–1969) took his degree in medicine but soon became interested in psychiatry. He is the author of a standard work of psychopathology, as well as special studies on Strindberg, Van Gogh and Nietsche. After World War I he became Professor of Philosophy at Heidelberg, where he achieved fame as a brilliant teacher and an early exponent of existentialism. He was among the first to acquaint German readers with the works of Kierkegaard. Jaspers had to resign from his post in 1935. From the total isolation into which the Hitler regime forced him, Jaspers returned in 1945 to a position of central intellectual leadership of the younger liberal elements of Germany. In his first lecture in 1945, he forcefully reminded his audience of the fate of the German Jews. Jaspers’s unblemished record as an anti-Nazi, as well as his sentient mind, have made him a rallying point center for those of his compatriots who wish to reconstruct a free and democratic Germany.
Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine men condemned to death for war crimes at Mauthausen concentration camp mounted the gallows at Landsberg prison near Munich. The mass execution that followed resulted from an American military trial conducted at Dachau in the spring of 1946 a trial that lasted only thirty-six days and yet produced more death sentences than any other in American history. The Mauthausen trial was part of a massive series of proceedings designed to judge and punish Nazi war criminals in the most expedient manner the law would allow. There was no doubt that the crimes had been monstrous. Yet despite meting out punishment to a group of incontestably guilty men, the Mauthausen trial reveals a troubling and seldom-recognized face of American postwar justice one characterized by rapid proceedings, lax rules of evidence, and questionable interrogations. Although the better-known Nuremberg trials are often regarded as epitomizing American judicial ideals, these trials were in fact the exception to the rule. Instead, as Tomaz Jardim convincingly demonstrates, the rough justice of the Mauthausen trial remains indicative of the most common and yet least understood American approach to war crimes prosecution. The Mauthausen Trial forces reflection on the implications of compromising legal standards in order to guarantee that guilty people do not walk free.
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.
Why is it that Catholics and Protestants in Northern Ireland have
been in perpetual conflict for thirty years when they can live and
prosper together elsewhere? Why was there a bloody civil war in
Bosnia and Herzegovina when Croats, Serbs, and Muslims had lived
peacefully side-by-side for decades? Why did nobody see and act
upon the early warning signs of genocide in Rwanda that eventually
killed close to a million people in a matter of weeks? What is it
that makes Kashmir potentially worth a nuclear war between India
and Pakistan?
THE CLASSIC LOST THRILLER FROM THE ICONIC NUMBER ONE BESTSELLER 'Shockingly good' The Sun 'A prescient, high-octane thriller' Daily Express 'Totally on the money - and ripe for this republication' i Newspaper * * * * * It always starts with a small lie. That's how you stop noticing the bigger ones. After his friend suspects something strange going on at the satellite facility where they both work - and then goes missing - Martin Hepton doesn't believe the official line of "long-term sick leave"... Refusing to stop asking questions, he leaves his old life behind, aware that someone is shadowing his every move. But why? The only hope he has is his ex-girlfriend Jill Watson - the only journalist who will believe his story. But neither of them can believe the puzzle they're piecing together - or just how shocking the secret is that everybody wants to stay hidden... DISCOVER THE CLASSIC LOST THRILLER FROM THE ICONIC NUMBER ONE BESTSELLER. * * * * * 'Rankin is a master storyteller' Guardian 'Great fiction, full stop' The Times 'Ian Rankin is a genius' Lee Child 'One of Britain's leading novelists in any genre' New Statesman 'A virtuoso of the craft' Daily Mail 'Rankin is a phenomenon' Spectator 'Britain's No.1 crime writer' Mirror 'Quite simply, crime writing of the highest order' Express 'Worthy of Agatha Christie at her best' Scotsman
When the tyrannical Saddam Hussein was captured in 2003, the war in Iraq was in a precarious position. A provisional government had been assembled, but the Iraqi government was not yet recognized as sovereign. They were now expected to put their most infamous citizen on trial for war crimes. Called into duty at this moment was Rear Admiral Greg Slavonic, who was tasked with facilitating U.S. media presence at the arraignment which would establish the judicial framework for future tribunals. Admiral Slavonic was party to the historic US-Iraqi Transfer of Sovereignty and then as the senior military officer in the Iraqi courtroom where he was one of fifteen individuals to witness the historic event. As the senior military officer in the room with fifteen other observers, he managed a challenging pool of media jockeying for access for this once in a career story and plus served as advisor to the Iraqi judge on various media issues. Slavonic's first-hand narrative of a unique moment in military history features never-before-seen transcripts of Saddam Hussein's trial. For the first time, readers can read how Saddam responded to his charges, along with eleven of Hussein's closest advisors and cabinet members who were arraigned that day, and several charged with war "crimes against humanity". This would be the last time all twelve men would be together again who were responsible for the deaths of over several million fellow Iraqi citizens. This book expands our examination of difficult wars and chronicles the legal reckoning and downfall of a tyrant.
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.
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.
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.
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.
Leading up to World War II, two Polish men witnessed the targeted extermination of Jews under Adolf Hitler and the German Reich before the reality of the Holocaust was widely known. Raphael Lemkin, a Jewish lawyer who coined the term "genocide," and Jan Karski, a Catholic member of the Polish resistance, independently shared this knowledge with Winston Churchill and Franklin D. Roosevelt. Having heard false rumors of wartime atrocities before, the leaders met the messengers with disbelief and inaction, leading to the eventual murder of more than six million people. Messengers of Disaster draws upon little-known texts from an array of archives, including the International Committee of the Red Cross in Geneva and the International Tracing Service in Bad Arolsen. Carrying the knowledge of disaster took a toll on Lemkin and Karski, but their work prepared the way for the United Nations to unanimously adopt the first human rights convention in 1948 and influenced the language we use to talk about genocide today. Annette Becker's detailed study of these two important figures illuminates how distortions of fact can lead people to deny knowledge of what is happening in front of their own eyes.
In the wake of unthinkable atrocities, it is reasonable to ask how any population can move on from the experience of genocide. Simply remembering the past can, in the shadow of mass death, be retraumatizing. So how can such momentous events be memorialized in a way that is productive and even healing for survivors? Genocide memorials tell a story about the past, preserve evidence of the violence that occurred, and provide emotional support to survivors. But the goal of amplifying survivors' voices can fade amid larger narratives entrenched in political motivations.In After Genocide,Nicole Fox investigates the ways memorials can shape the experiences of survivors decades after mass violence has ended. She examines how memorializations can both heal and hurt, especially when they fail to represent all genders, ethnicities, and classes of those afflicted. Drawing on extensive interviews with Rwandans, Fox reveals their relationships to these spaces and uncovers those voices silenced by the dominant narrative-arguing that the erasure of such stories is an act of violence itself. The book probes the ongoing question of how to fit survivors in to the dominant narrative of healing and importantly demonstrates how memorials can shape possibilities for growth, national cohesion, reconciliation, and hope for the future.
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.
"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.
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.
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