This is the first book to examine and compare how rebels govern civilians during civil wars in Latin America, Africa, Asia, and Europe. Drawing from a variety of disciplinary traditions, including political science, sociology, and anthropology, the book provides in-depth case studies of specific conflicts as well as comparative studies of multiple conflicts. Among other themes, the book examines why and how some rebels establish both structures and practices of rule, the role of ideology, cultural, and material factors affecting rebel governance strategies, the impact of governance on the rebel/civilian relationship, civilian responses to rebel rule, the comparison between modes of state and non-state governance to rebel attempts to establish political order, the political economy of rebel governance, and the decline and demise of rebel governance attempts.

This book examines Australia's and the United States' ability to prosecute their peacekeepers for sexual exploitation and abuse. The United Nations has too long been plagued by sexual exploitation and abuse in some of the world's most vulnerable communities. Discussion within United Nations' reporting and academic scholarship focuses on policy; however, a significant concern outlined here is that peacekeepers are committing sexual offences with impunity, despite exclusive criminal jurisdiction over peacekeepers being granted to their sending states. In this original study O'Brien provides an in-depth, feminist analysis of US and Australian sexual offending law and jurisdiction over their military and military-civilian peacekeepers. Based on timely critical analysis, this book demonstrates the limitations states face in ensuring accountability for sexual exploitation and abuse by peacekeepers - a factor which directly contributes to ongoing commission of and impunity for such offences. Calling for a rights-based, transnational law response to these crimes, this engaging and thought-provoking work will appeal to international practitioners, governments, UN policy-makers, and scholars of international, military and criminal law.

The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author's personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author's manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.

Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law'sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.

Thanatourism, or dark tourism, is an increasingly pervasive feature of the contemporary tourism landscape. Travel to have actual or symbolic 'encounters with death' is not a new phenomenon and is now one of the fastest growing areas for debate and research in the study of Tourism. Thanatourism is an important new overview of the growing field. It introduces more rigorous scholarship, new philosophical perspectives and a wealth of empirical material on the contemporary and historical consumption of death with case studies designed to stretch and challenge current discourse. Contexts presented in the book will include- * well known religious sites * battlefield locations * genocide camps *lesser known exhibition centres and a plague site. It takes a broad methodological approach and discusses both research and teaching approaches in thanatourism as well as acknowledging its emotive nature. It is an essential new resource for all those who research or teach in the area as well as for upper level students.

"Justice at Nuremberg" traces the history of the Nuremberg Doctors' Trial held in 1946-47, as seen through the eyes of the Austrian bliogemigrblioge psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code--a landmark in the history of modern medical ethics--the judges laid down, for the first time, international guidelines for permissible experiments on humans. One of those who helped to formulate the code was Alexander. "Justice at Nuremberg" provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics.

War Crimes and acts of genocide are as old as history itself, but particularly during the 20th century. Yet what are war crimes and acts of genocide? And why did it take the world so long to define these crimes and develop legal institutions to bring to justice individuals and nations responsible such crimes? Part of the answer lies in the nature of the major wars fought in the 20th century and in the changing nature of warfare itself. This study looks at war crimes committed during the Second World War in the USSR, Yugoslavia, Germany, and efforts to bring the perpetrators to justice. This led to successful postwar efforts to define and outlaw such crimes and, more recently, the creation of two international courts to bring war criminals to justice. This did not prevent the commitment of war crimes and acts of genocide throughout the world, particularly in Asia and Africa. And while efforts to bring war criminals to justice has been enhanced by the work of these courts, the problems associated with civil wars, command responsibility, and other issues have created new challenges for the international legal community in terms of the successful adjudication of such crimes. This book was based on a special issue of Nationalities Papers.

"A masterly work of military and judicial history." -New York Times. Telford Taylor's book is a defining piece of World War II literature, an engrossing and reflective eyewitness account of one of the most significant events of our century. In 1945, the Allied nations agreed on a judicial process, rather than summary execution, to determine the fate of the Nazis following the end of World War II. Held in Nuremberg, the ceremonial birthplace of the Nazi Party, the British, American, French, and Soviet leaders contributed both judges and prosecutors to the series of trials that would prosecute some of the most prominent politicians, military leaders and businessmen in Nazi Germany. This is the definitive history of the Nuremberg crimes trials by one of the key participants, Telford Taylor, the distinguished lawyer who was a member of the American prosecution staff and eventually became chief counsel. In vivid detail, Taylor portrays the unfolding events as he "saw, heard, and otherwise sensed them at the time, and not as a detached historian working from the documents might picture them." Table of Contents: 1 Nuremberg and the Laws of War 2 The Nuremberg Ideas 3 Justice Jackson Takes Over 4 Establishing the Court: The London Charter 5 The Defendants and the Charges: Krupp and the German General Staff 6 Berlin to Nuremberg 7 Nuremberg: Pretrial Pains and Problems 8 On Trial 9 The Nuremberg War Crimes Community 10 The SS and the General Staff-High Command 11 Individual Defendants, Future Trials, and Criminal Organizations 12 The French and Soviet Prosecutions 13 The Defendants: Goering and Hess 14 The Defendants: "Murderers' Row" 15 The Defendants: Bankers and Admirals 16 The Defendants: The Last Nine 17 The Closing Arguments 18 The Indicted Organizations 19 The Defendants' Last Words 20 The Judgments of Solomons 21 Judgment: Law, Crime, and Punishment Taylor describes personal vendettas among the Allied representatives and the negotiations that preceded the handing down of sentences. The revelations have not lost their power over the decades: The chamber is reduced to silence when an SS officer recounts impassively that his troops rounded up and killed 90,000 Jews, and panic overcomes the head of the German State Bank as it becomes clear that he knew his institution was receiving jewels and other valuables taken from the bodies of concentration camp inmates.

The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.

This major study examines the successes and failures of the full transitional justice programme in Sierra Leone. It sets out the implications of the Sierra Leonean experience for other post-conflict situations and for the broader project of evaluating transitional justice.

War Crimes and acts of genocide are as old as history itself, but particularly during the 20th century. Yet what are war crimes and acts of genocide? And why did it take the world so long to define these crimes and develop legal institutions to bring to justice individuals and nations responsible such crimes? Part of the answer lies in the nature of the major wars fought in the 20th century and in the changing nature of warfare itself. This study looks at war crimes committed during the Second World War in the USSR, Yugoslavia, Germany, and efforts to bring the perpetrators to justice. This led to successful postwar efforts to define and outlaw such crimes and, more recently, the creation of two international courts to bring war criminals to justice. This did not prevent the commitment of war crimes and acts of genocide throughout the world, particularly in Asia and Africa. And while efforts to bring war criminals to justice has been enhanced by the work of these courts, the problems associated with civil wars, command responsibility, and other issues have created new challenges for the international legal community in terms of the successful adjudication of such crimes. This book was based on a special issue of Nationalities Papers.

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Germans remember the Nazi past so that it may never happen again. But how has the abstract vow to remember translated into concrete action to prevent new genocides abroad? As reports of mass killings in Bosnia spread in the middle of 1995, Germans faced a dilemma. Should the Federal Republic deploy its military to the Balkans to prevent a genocide, or would departing from postwar Germany's pacifist tradition open the door to renewed militarism? In short, when Germans said "never again," did they mean "never again Auschwitz" or "never again war"? Looking beyond solemn statements and well-meant monuments, Andrew I. Port examines how the Nazi past shaped German responses to the genocides in Cambodia, Bosnia, and Rwanda-and further, how these foreign atrocities recast Germans' understanding of their own horrific history. In the late 1970s, the reign of the Khmer Rouge received relatively little attention from a firmly antiwar public that was just "discovering" the Holocaust. By the 1990s, the genocide of the Jews was squarely at the center of German identity, a tectonic shift that inspired greater involvement in Bosnia and, to a lesser extent, Rwanda. Germany's increased willingness to use force in defense of others reflected the enthusiastic embrace of human rights by public officials and ordinary citizens. At the same time, conservatives welcomed the opportunity for a more active international role involving military might-to the chagrin of pacifists and progressives at home. Making the lessons, limits, and liabilities of politics driven by memories of a troubled history harrowingly clear, Never Again is a story with deep resonance for any country confronting a dark past.

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 untraced

An internationally acclaimed aviation pioneer, Herbert Cukurs, running a hydroplanes rental company out of Sao Paolo, Brazil, liked his new customer: an Austrian businessman, who asked for a short sightseeing flight. The pilot had no idea that his customer was not Austrian but a top agent in the Israeli Mossad, working under cover to set the trap for Cukurs - a criminal personally responsible for the murder of over 30,000 innocent Jews. This was the beginning of the 'war of wits' between the Nazi war criminal and the German-born Israeli (both of whose parents had perished in Nazi death camps). It was a unique duel, played out in the Sao Paolo residence of the Cukurs family, in the jungles of Brazil, by the lagoon of Porto Alegre and on the beautiful beaches of Punta del Este. In this unique book a former senior Mossad agent describes an operation carried out in 1964-65 to identify, locate and execute the notorious Nazi war criminal Herbert Cukurs, who was personally responsible for the murder of over 30,000 Latvian Jews. The main part of the operation was undertaken almost single-handedly by 'Anton Kuenzle'. identity as a successful businessman and offering Cukurs a lucrative deal to entice him away from his secure life in Brazil to a trap laid for him in Uruguay. There Cukurs met his fate at the hands of a Mossad hit team.

The chapters in this volume examine a few facets in the drama of how the survivors of the Holocaust contended with life after the darkest night in Jewish history. They include the Earl Harrison mission and significant report, the effort to keep Europe's borders open to refugee infiltration, the murder of the first Jew in Germany after V-E Day and its aftermath, and the iconic sculptures of Nathan Rapoport and Poland's landscape of Holocaust memory up to the present day. Joining extensive archival research and a limpid prose, Professor Monty Noam Penkower again displays a definitive mastery of his craft.

This book argues that punishment's function is to communicate a message about an offenders' wrongdoing to society at large. It discusses both 'paradigmatic' cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.

The chapters in this volume examine a few facets in the drama of how the survivors of the Holocaust contended with life after the darkest night in Jewish history. They include the Earl Harrison mission and significant report, the effort to keep Europe's borders open to refugee infiltration, the murder of the first Jew in Germany after V-E Day and its aftermath, and the iconic sculptures of Nathan Rapoport and Poland's landscape of Holocaust memory up to the present day. Joining extensive archival research and a limpid prose, Professor Monty Noam Penkower again displays a definitive mastery of his craft.

For three decades after the Second World War, the 'Butcher of the Balkans' lived an idyllic life with his family in a Los Angeles suburb. Andrija Artukovic was a senior member of the Ustasha, a Croatian fascist and nationalist movement, and was responsible for the brutal murders of hundreds of thousands of men, women and children. Wanted in Yugoslavia to stand trial for war crimes, he had illegally entered and claimed political asylum in the United States - and his powerful supporters sought to keep him there. Meanwhile, just 10 miles away, David Whitelaw lived with his mother, Judith, who fled Germany in 1938. Seventy-six of her relatives were killed in the Holocaust. When David learned Artukovic was living comfortably nearby, he vowed to ensure his deportation to stand trial as a war criminal. But when a firebomb, thrown with the sole intention of causing fear, saw the young man sent to jail, a battle began for his own freedom, while the war criminal remained at large. A true David versus Goliath battle, The Fierce is the story of the teenager who helped take down the worst mass murderer and war criminal in America.

The Number One International Bestseller. The heartbreaking, inspiring true story of a girl sent to Auschwitz who survived the evil Dr Josef Mengele's pseudo-medical experiments. With a foreword by His Holiness Pope Francis. Lidia Maksymowicz was just three years old when she arrived in Auschwitz-Birkenau with her mother, grandparents and foster brother. They were from Belarus, their 'crime' that they supported the partisan resistance to Nazi occupation. Once there, Lidia was picked by Mengele for his experiments and sent to the children's block. It was here that she survived eighteen months of hell. Injected with infectious diseases, desperately malnourished, she came close to death. Her mother - who risked her life to secretly visit Lidia - was her only tie to humanity. By the time Birkenau was liberated her family had disappeared. Even her mother was presumed dead. Lidia was adopted by a woman from the nearby town of Oswiecim. Too traumatised to feel emotion, she was not an easy child to care for but she came to love her adoptive mother and her new home. Then, in 1962, she discovered that her birth parents were still alive. They lived in the USSR - and they wanted her back. Lidia was faced with an agonising choice . . . The Little Girl Who Could Not Cry is powerful, moving and ultimately hopeful, as Lidia comes to terms with the past and finds the strength to share her story - even making headlines when she meets Pope Francis, who kisses her tattoo. Above all she refuses to hate those who hurt her so badly, saying, 'Hate only brings more hate. Love, on the other hand, has the power to redeem.'

A revealing yet accessible examination of the Nuremberg trial, and most crucially all 23 men who stood accused, not just the most infamous-Speer, Hess, and Goering. This account sets the scene by explaining the procedures, the legal context, and the moments of hypocrisy in the Allies' prosecution-ignoring the fact that the Katyn massacre was a Soviet crime and overlooking carpet bombing. Author Andrew Sangster discusses how the word "Holocaust" was not used until long after the trial, probably due to Russian objection as they had lost many more people, and because the Allies generally were not innocent of anti-Semitism themselves, especially Russia and Vichy France. However, the defendants to a person immediately recognised that this was the singular issue which placed them on the steps of the gallows, and their various defences on this charge are therefore crucial to understanding the trial. Sangster also explores how the prisoners related to one another in their approach to defending themselves on the charge of genocide and extermination camps, especially in facing the bully-boy Goering. This new study utilises not only the trial manuscripts, but the pre-trial interrogations, the views of the psychiatrists and psychologists, and the often-overheard conversations between prisoners-who did not know their guards spoke German-to give the fullest exploration of the defendants, their state of mind, and their attitudes towards the Third Reich, Hitler and each other as they faced judgement by the victors of the war.

This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial (for example the solitary, headphone-wearing defendant at the Hague listening with intent to a catalogue of charges) with ?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and archival documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of ?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science

From 1991 to 1999, Slobodan Milosevic launched and ultimately lost four Balkan wars, resulting in the deaths of hundreds of thousands and the displacement of millions. He saw himself as a modern day Abe Lincoln, employing force in a valiant effort to hold his crumbling Yugoslavia together. But the ruthless Serb leader's tactics included systematic war crimes and ethnic cleansing, ultimately prompting the U. S. and its NATO allies to launch a controversial military intervention in the spring of 1999 to halt the bloodshed.Now Milosevic is on trial in The Hague before the United Nations-created International War Crimes Tribunal. He is the first former head of state ever to face international justice. The televised trial of Slobodan Milosevic is expected to last for two years and could well prove to be the most watched criminal proceedings since the trial of O. J. Simpson.There is much the public will want to know about this historic and complex trial. Written in a lively, journalistic style by two of the leading experts on the International War Crimes Tribunal, Slobodan Milosevic on Trial: A Companion is designed to inform the reader about what to watch for, who the players are, what the rules are, who has won in the past, and who is likely to win this time. Complete with maps, photos, and a glossary of legal terms, this comprehensive guide to the Milosevic trial will help the public understand the important and complex proceedings taking place in The Hague.