After World War II, thousands of Japanese throughout Asia were put on trial for war crimes. Examination of postwar trials is now a thriving area of research, but Sharon W. Chamberlain is the first to offer an authoritative assessment of the legal proceedings convened in the Philippines. These were trials conducted by Asians, not Western powers, and centered on the abuses suffered by local inhabitants rather than by prisoners of war. Her impressively researched work reveals the challenges faced by the Philippines, as a newly independent nation, in navigating issues of justice amid domestic and international pressures. Chamberlain highlights the differing views of Filipinos and Japanese about the trials. The Philippine government aimed to show its commitment to impartial proceedings with just outcomes. In Japan, it appeared that defendants were selected arbitrarily, judges and prosecutors were biased, and lower-ranking soldiers were punished for crimes ordered by their superior officers. She analyzes the broader implications of this divergence as bilateral relations between the two nations evolved and contends that these competing narratives were reimagined in a way that, paradoxically, aided a path toward postwar reconciliation.

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.

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.

When Hissene Habre, the deposed dictator of Chad, was found guilty of crimes against humanity in 2016, it was described as 'a watershed for human rights justice in Africa and beyond'. For the first time, an African war criminal had been convicted on African soil. Having followed the trial from the very beginning and interviewed many of those involved, journalist Celeste Hicks tells the remarkable story of how Habre was brought to justice. His conviction followed a heroic 25 year campaign by activists and survivors of Habre's atrocities, which succeeded despite international indifference, opposition from Habre's allies, and several failed attempts to bring him to trial in Europe and elsewhere. In the face of such overwhelming odds, the conviction of a once untouchable tyrant represents a major turning point, with profound implications for African justice and the future of human rights activism globally.

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.

Rape is common during wartime, but even within the context of the same war, some armed groups perpetrate rape on a massive scale while others never do. In Rape during Civil War Dara Kay Cohen examines variation in the severity and perpetrators of rape using an original dataset of reported rape during all major civil wars from 1980 to 2012. Cohen also conducted extensive fieldwork, including interviews with perpetrators of wartime rape, in three postconflict counties, finding that rape was widespread in the civil wars of the Sierra Leone and Timor-Leste but was far less common during El Salvador's civil war.Cohen argues that armed groups that recruit their fighters through the random abduction of strangers use rape-and especially gang rape-to create bonds of loyalty and trust between soldiers. The statistical evidence confirms that armed groups that recruit using abduction are more likely to perpetrate rape than are groups that use voluntary methods, even controlling for other confounding factors. Important findings from the fieldwork-across cases-include that rape, even when it occurs on a massive scale, rarely seems to be directly ordered. Instead, former fighters describe participating in rape as a violent socialization practice that served to cut ties with fighters' past lives and to signal their commitment to their new groups. Results from the book lay the groundwork for the systematic analysis of an understudied form of civilian abuse. The book will also be useful to policymakers and organizations seeking to understand and to mitigate the horrors of wartime rape.

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.

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

Human Rights Indicators: A Guide to Measurement and Implementation aims to assist in developing quantitative and qualitative indicators to measure progress in the implementation of international human rights norms and principles. It describes the conceptual and methodological framework for human rights indicators recommended by international and national human rights mechanisms and used by a growing number of governmental and non-governmental actors. It provides concrete examples of indicators identified for a number of human rights - all originating from the Universal Declaration of Human Rights - and other practical tools and illustrations, to support the realisation of human rights at all levels. The Guide will be of interest to human rights advocates as well as policymakers, development practitioners, statisticians and others who are working to make human rights a reality for all.

What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? This work is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.

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.

The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.

As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal. Hector Olasolo's book is indispensible to anyone interested in bringing top leaders, political or military, to account for their complicity in crimes. A.G. Noorani Frontline September 2009

On April 28, 2004, "60 Minutes II" broadcast the now-infamous photos of prisoner abuse by American soldiers at Abu Ghraib. The news quickly spread worldwide, undermining the U.S. presence in Iraq.Despite several Department of Defense investigations and eleven courts-martial convictions, important questions remain about the events at Abu Ghraib. Who are these soldiers? How involved were top administration officials and army generals in the abuses? Were the soldiers simply following orders? Do these photographs depict a new American interrogation policy? Christopher Graveline and Michael Clemens provide the answers.No one has investigated the true story behind the events at Abu Ghraib as thoroughly as the authors. Only six people had complete knowledge of the Abu Ghraib investigation and prosecutions; Graveline and Clemens are two of them. They give readers unprecedented access to the inner workings of the investigation leading to the trials of PFC Lynndie England, Cpl. Charles Graner, and others. Complete with actual arguments of counsel, testimony, and evidence, this groundbreaking book puts the reader in the middle of the investigation and the subsequent trials, revealing one of the darker episodes in American military history.

What is the appropriate political response to mass atrocity? In Hijacked Justice, Jelena Subotic traces the design, implementation, and political outcomes of institutions established to deal with the legacies of violence in the aftermath of the Yugoslav wars. She finds that international efforts to establish accountability for war crimes in the former Yugoslavia have been used to pursue very different local political goals.

Responding to international pressures, Serbia, Croatia, and Bosnia have implemented various mechanisms of "transitional justice" the systematic addressing of past crimes after conflicts end. Transitional justice in the three countries, however, was guided by ulterior political motives: to get rid of domestic political opponents, to obtain international financial aid, or to gain admission to the European Union. Subotic argues that when transitional justice becomes "hijacked" for such local political strategies, it fosters domestic backlash, deepens political instability, and even creates alternative, politicized versions of history.

That war crimes trials (such as those in The Hague) and truth commissions (as in South Africa) are necessary and desirable has become a staple belief among those concerned with reconstructing societies after conflict. States are now expected to deal with their violent legacies in an institutional setting rather than through blanket amnesty or victor's justice. This new expectation, however, has produced paradoxical results. In order to avoid the pitfalls of hijacked justice, Subotic argues, the international community should focus on broader and deeper social transformation of postconflict societies, instead on emphasizing only arrests of war crimes suspects."

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.

Though a generation has passed since the massacre of civilians at My Lai, the legacy of this tragedy continues to reverberate throughout Vietnam and the rest of the world. This engrossing study considers how Vietnamese villagers in My Lai and Ha My - a village where South Korean troops committed an equally appalling, though less well-known, massacre of unarmed civilians - assimilate the catastrophe of these mass deaths into their everyday ritual life. Based on a detailed study of local history and moral practices, "After the Massacre" focuses on the particular context of domestic life in which the Vietnamese villagers interact with their ancestors on one hand and the ghosts of tragic death on the other. Heonik Kwon explains what intimate ritual actions can tell us about the history of mass violence and the global bipolar politics that caused it. He highlights the aesthetics of Vietnamese commemorative rituals and the morality of their practical actions to liberate the spirits from their grievous history of death. The author brings these important practices into a critical dialogue with dominant sociological theories of death and symbolic transformation.

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.