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

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

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.

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.

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.

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

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.

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.

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.

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.

Survivors of terrible events are often portrayed as unsung heroes or tragic victims but rarely as complex human beings whose lives extend beyond the stories they have told. The contributors to Beyond Testimony and Trauma consider other ways to engage with survivors and their accounts based on valuable insights gained from their work on long-term oral history projects. While the contexts vary widely, they demonstrate that through deep listening, long-term relationship building, and collaborative research design, it is possible to move beyond the problematic aspects of “testimony� to shine a light on the more nuanced lives of survivors of mass violence.

Until recently, historians believed America gave asylum only to key Nazi scientists after World War II, along with some less famous perpetrators who managed to sneak in and who eventually were exposed by Nazi hunters. But the truth is much worse, and has been covered up for decades: the CIA and FBI brought thousands of perpetrators to America as possible assets against their new Cold War enemies. When the Justice Department finally investigated and learned the truth, the results were classified and buried. Using the dramatic story of one former perpetrator who settled in New Jersey, conned the CIA into hiring him, and begged for the agency's support when his wartime identity emerged, Eric Lichtblau tells the full, shocking story of how America became a refuge for hundreds of postwar Nazis.

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.

"Terror in Chechnya" is the definitive account of Russian war crimes in Chechnya. Emma Gilligan provides a comprehensive history of the second Chechen conflict of 1999 to 2005, revealing one of the most appalling human rights catastrophes of the modern era--one that has yet to be fully acknowledged by the international community. Drawing upon eyewitness testimony and interviews with refugees and key political and humanitarian figures, Gilligan tells for the first time the full story of the Russian military's systematic use of torture, disappearances, executions, and other punitive tactics against the Chechen population.

In "Terror in Chechnya," Gilligan challenges Russian claims that civilian casualties in Chechnya were an unavoidable consequence of civil war. She argues that racism and nationalism were substantial factors in Russia's second war against the Chechens and the resulting refugee crisis. She does not ignore the war crimes committed by Chechen separatists and pro-Moscow forces. Gilligan traces the radicalization of Chechen fighters and sheds light on the Dubrovka and Beslan hostage crises, demonstrating how they undermined the separatist movement and in turn contributed to racial hatred against Chechens in Moscow.

A haunting testament of modern-day crimes against humanity, "Terror in Chechnya" also looks at the international response to the conflict, focusing on Europe's humanitarian and human rights efforts inside Chechnya.

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

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.

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."

Although acknowledged as a highly professional military organization, the Wehrmacht has been traditionally exonerated from the crimes attributed to the SS during the Second World War. However, in this radical new study, Omer Bartov shows how the relentless Nazi propaganda machine produced conscripts for Hitler's army who were fully convinced of his horrific views on `inferior peoples', and that it was these ideas, and not the exigencies of war, that motivated their atrocities, particularly those committed against Communist officials and Jews in the Soviet Union.