A lively narrative account of the first case to appear at the International Criminal Court, A Conviction in Question documents the trial of Union of Congolese Patriots leader and warlord, Thomas Lubanga Dyilo. Although Dyilo's crimes, including murder, rape, and the forcible conscription of child soldiers, were indisputable, legal wrangling and a clash of personalities caused the trial to be prolonged for an unprecedented six years. This book offers an accessible account of the rapid evolution of international law and the controversial trial at the foundation of the International Criminal Court. The first book to thoroughly examine Dyilo's trial, A Conviction in Question looks at the legal issues behind each of the trial's critical moments, including the participation of Dyilo's victims at the trial and the impact of witness protection. Through eye-witness observation and analysis, Jim Freedman shows that the trial suffered from all the problems associated with ordinary criminal law trials, and uses Dyilo's case to further comment on the role of international courts in a contemporary global context.

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.

In the years following the fall of Slobodan Milosevic, Serbian social, cultural and political responses to the wars of the 1990s have fallen under intense scrutiny. In Ethnic Conflict and War Crimes in the Balkans, Jelena Obradovic-Wochnik explores some of those responses - taking into consideration notions such as silence, denial and conspiracy theory, the book sheds some light on the complicated narratives about the 1990s. The book considers the experience of knowing, witnessing and speaking about atrocities, and thus contributes to the debates on confronting the past in Serbia. Specifically, it considers how individuals of the "ordinary" public in Serbia reflect upon, understand and keep secrets about the 1991-1999 conflicts in Croatia, Bosnia and Herzegovina and Kosovo, and the atrocities, human rights abuses and war crimes which were committed there. Close attention is paid to the stories of individuals whose voices and experiences are generally excluded from the broader debate about the past. Jelena Obradovic-Wochnik explores how these narratives diverge from, resist and are invisible to the formal and civil society initiatives aimed at confronting the past in Serbia.In doing so, the book also explores silence about and denial of the violent past, and considers how and where these dynamics manifest and what they might mean. In addition, it covers themes such as narratives of self-victimhood, conspiracy theory and the perception of war-time leaders and combatants. This is a detailed and considered investigation into how groups cope with knowledge and the witnessing of violent pasts. It is based on ethnographic research and interviews with a group of 'ordinary' individuals, in post-Milosevic Serbia. As such, it provides a unique perspective on the lived experience of the conflicts, and the ways in which stories of the 1990s emerge in everyday contexts.

As the world becomes ever more unequal, people become ever more 'disposable'. Today, governments systematically exclude sections of their populations from society through heavy-handed policing. But it doesn't always go to plan. William I. Robinson exposes the nature and dynamics of this out-of-control system, arguing for the urgency of creating a movement capable of overthrowing it. The global police state uses a variety of ingenious methods of control, including mass incarceration, police violence, US-led wars, the persecution of immigrants and refugees, and the repression of environmental activists. Movements have emerged to combat the increasing militarization, surveillance and social cleansing; however many of them appeal to a moral sense of social justice rather than addressing its root - global capitalism. Using shocking data which reveals how far capitalism has become a system of repression, Robinson argues that the emerging megacities of the world are becoming the battlegrounds where the excluded and the oppressed face off against the global police state.

During the two decades following entry into World War II, nearly 30 million men and women served in or worked for the United States military. Tens of thousands faced a general court-martial under the Articles of War, which prescribed either life in prison or death for crimes of murder, rape or desertion. Only 160 men were sentenced to death and executed-159 for murder or rape (or a combination of the two), and one for desertion. The manner of death was by firing squad or by hanging. These dishonored servicemen were buried in various locations around the world. Later, nearly all were moved to grave sites in military cemeteries, segregated from those who died honorably. This book tells the stories of the men, their crimes and their executions.

The Eichmann Trial Reconsidered brings together leading authorities in a transnational, international, and supranational study of Adolf Eichmann, who was captured by the Israelis in Argentina and tried in Jerusalem in 1961. The essays in this important new collection span the disciplines of history, film studies, political science, sociology, psychology, and law. Contributing scholars adopt a wide historical lens, pushing outwards in time and space to examine the historical and legal influence that Adolf Eichmann and his trial held for Israel, West Germany, and the Middle East. In addition to taking up the question of what drove Eichmann, contributors explore the motivation of prosecutors, lawyers, diplomats, and neighbouring countries before, during, and after the trial ended. The Eichmann Trial Reconsidered puts Eichmann at the centre of an exploration of German versus Israeli jurisprudence, national Israeli identities and politics, and the conflict between German, Israeli, and Arab states.

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

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

Far from the image of an apolitical, "clean" Wehrmacht that persists in popular memory, German soldiers regularly cooperated with organizations like the SS in the abuse and murder of countless individuals during the Second World War. This in-depth study demonstrates that a key factor in the criminalization of the Wehrmacht was the intense political indoctrination imposed on its members. At the instigation of senior leadership, many ordinary German soldiers and officers became ideological warriors who viewed their enemies in racial and political terms-a project that was but one piece of the broader effort to socialize young men during the Nazi era.

The Holocaust/Genocide Template in Eastern Europe discusses the "memory wars" in the course of the post-Communist re-narration of history since 1989 and the current authoritarian backlash. The book focuses specifically on how "mnemonic warriors" employ the "Holocaust template" and the concept of genocide in tendentious ways to justify radical policies and externalize the culpability for their international isolation and worsening social and economic circumstances domestically. The chapters analyze three dimensions: 1) the competing narratives of the "universalization of the Holocaust" as the negative icon of our era, on the one hand, and the "double genocide" paradigm, on the other, which focuses on "our own" national suffering under - allegedly "equally" evil - Nazism and Communism; 2) the juxtaposition of post-Communist Eastern Europe and Russia, reflected primarily in the struggle of the Baltic states and Ukraine to challenge Russian propaganda, a struggle that runs the risk of employing similarly distorting and propagandistic tropes; and 3) the post-Yugoslav rhetoric portraying one's own group as "the new Jews" and one's opponents in the wars of the 1990s as (akin to) "Nazis". Surveying major battle sites in this "memory war": memorial museums, monuments, film and the war over definitions and terminology in relevant public discourse, The Holocaust/Genocide Template in Eastern Europe will be of great interest to scholars of genocide, the Holocaust, historical memory and revisionism, and Eastern European Politics. This book was originally published as a special issue of the Journal of Genocide Research.

Taking an interdisciplinary approach, this book raises new questions and provides different perspectives on the roles, responsibilities, ethics and protection of interpreters in war while investigating the substance and agents of Japanese war crimes and legal aspects of interpreters' taking part in war crimes. Informed by studies on interpreter ethics in conflict, historical studies of Japanese war crimes and legal discussion on individual liability in war crimes, Takeda provides a detailed description and analysis of the 39 interpreter defendants and interpreters as witnesses of war crimes at British military trials against the Japanese in the aftermath of the Pacific War, and tackles ethical and legal issues of various risks faced by interpreters in violent conflict. The book first discusses the backgrounds, recruitment and wartime activities of the accused interpreters at British military trials in addition to the charges they faced, the defence arguments and the verdicts they received at the trials, with attention to why so many of the accused were Taiwanese and foreign-born Japanese. Takeda provides a contextualized discussion, focusing on the Japanese military's specific linguistic needs in its occupied areas in Southeast Asia and the attributes of interpreters who could meet such needs. In the theoretical examination of the issues that emerge, the focus is placed on interpreters' proximity to danger, visibility and perceived authorship of speech, legal responsibility in war crimes and ethical issues in testifying as eyewitnesses of criminal acts in violent hostilities. Takeda critically examines prior literature on the roles of interpreters in conflict and ethical concerns such as interpreter neutrality and confidentiality, drawing on legal discussion of the ineffectiveness of the superior orders defence and modes of individual liability in war crimes. The book seeks to promote intersectoral discussion on how interpreters can be protected from exposure to manifestly unlawful acts such as torture.

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the 'Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the 'Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.

The December 1937 incident that has come to be known as the Rape of Nanking is, without doubt, a tragedy that will not soon be forgotten. While acknowledging that a tremendous loss of life occurred, this study challenges the current prevailing notion that the incident was a deliberate, planned effort on the part of the Japanese military and analyzes events to produce an accurate estimate of the scale of the atrocities. Drawing on Chinese, Japanese, and English sources, Yamamoto determines that what happened at Nanking were unfortunate atrocities of conventional war with precedents in both Eastern and Western military history. He concludes that post-war events such as the war crimes trials and the impact of the Holocaust in Europe affected public opinion regarding Nanking and led to a dramatic reinterpretation of events.

The Rape of Nanking consisted of two distinct phases: the mass execution of prisoners of war (as well as conscription age men who appeared to be combatants) and the delinquent acts of individual soldiers. The first phase, which occurred immediately after Nanking's fall and which claimed most of the atrocity victims, was the result of the Japanese military's attempt to clear the city of Chinese soldiers thought to be in plain clothes. The second phase, which lasted approximately six weeks, was horrible, but resulted in a much smaller number of fatalities. It was characterized by numerous criminal acts, ranging from rape and murder to arson and theft, committed by unrestrained Japanese soldiers. The root cause for both phases was the Japanese military's bureaucratic inefficiency and command irresponsibility. While both Chinese and American contemporary sources initially attributed the incident to these causes, subsequent Japanese atrocities against both military and civilian Allied personnel during World War II and evidence presented at war crimes trials would come to reshape perceptions of the Nanking events as an Asian counterpart to the Nazi Holocaust.

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 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.'

First published in 2007, The Nanking Atrocity remains an essential resource for understanding the massacre committed by Japanese soldiers in Nanking, China during the winter of 1937-38. Through a series of deeply considered and empirically rigorous essays, it provides a far more complex and nuanced perspective than that found in works like Iris Chang's bestselling The Rape of Nanking. It systematically reveals the flaws and exaggerations in Chang's book while deflating the self-exculpatory narratives that persist in Japan even today. This second edition includes an extensive new introduction by the editor reflecting on the historiographical developments of the last decade, in advance of the 80th anniversary of the massacre.

First published in 2007, The Nanking Atrocity remains an essential resource for understanding the massacre committed by Japanese soldiers in Nanking, China during the winter of 1937-38. Through a series of deeply considered and empirically rigorous essays, it provides a far more complex and nuanced perspective than that found in works like Iris Chang's bestselling The Rape of Nanking. It systematically reveals the flaws and exaggerations in Chang's book while deflating the self-exculpatory narratives that persist in Japan even today. This second edition includes an extensive new introduction by the editor reflecting on the historiographical developments of the last decade, in advance of the 80th anniversary of the massacre.

This accessible book examines poisoning in various contexts of international conflict. It explores the modern-day use of poison in warfare, terrorism, assassination, mass suicide, serial poisoning within healthcare, and as capital punishment. It examines a broad range of international cases from the Americas, Europe, Japan, India and more in relation to Situational Crime Prevention and its theoretical precursors, in order to explore potential prevention strategies and the ways in which perpetrators circumvent them. Case studies include analysis of attempts on the lives of Sergei and Yulia Skripal, the Tokyo subway attacks, the crimes of Dr. Harold Shipman and the Heaven's Gate and Jonestown cults. For each, the means, motive, opportunity, location, and perpetrator-victim relationship is examined. This accessible book speaks to students of criminology and those interested in penology, careers in criminal justice, homicide detectives, anti-terrorism personnel, forensic pathologists and toxicologists.

This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan's contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.

Multiple killings by serial or spree killers and the mass violence seen in war crimes and other atrocities have typically been understood as discrete category types, which can foster the view that there are fundamentally different kinds of human beings, including "deviants" who are born evil and innately given to sadism or a callous lack of empathy. In contrast, this book considers the violence of these "deviants" in terms of larger questions about human violence. Therefore, in addition to describing the life histories of a sample of individual serial and spree murderers, the book includes analysis of macro-level phenomena such as genocide, mass rape and killing, and torture occurring under conditions of war, state authorization, or political upheaval. The chief claim of the book is that, given the "right" combination of factors occurring at different levels of analysis, virtually anyone can emerge as a killer or perpetrator of atrocities. While it is crucial to understand individual killers in terms of the details of their biographies, it is equally crucial to understand political atrocities in terms of the details of their histories; and to see that persons and groups are always the product of complexly interacting assemblage processes.

Accounts of brutality fill the history of warfare. The behavior of any human being is, of course, a very complex phenomenon, whether in war or in peace. Historians in large part have described in detail the actions of military groups that have committed brutalities, but have not dealt with the factors that contributed to those actions. After examining the collective behavior of six military groups, representing different combat actions in different periods, some unexpected similarities became clear. While these groups were in very different situations and operated during different periods in history, there are similar factors that allowed the members of these groups to kill men, women and children in cold blood, and to commit acts of unspeakable brutality. After a close analysis of these military groups, five principle factors that had the greatest influence, either directly or indirectly, on these soldiers have been identified. Together, the factors supported each other and crystallized into a modus operandi that resulted in atrocities and bestial acts on civilians. This is the first book to identify the factors that lead to some of the most horrific cruelty in history, and to predict the actions of future groups given similar circumstances.

This collection offers a new reflection on rape in war time through 15 case studies, ranging from Greece to Nigeria. It questions the specificity of rape as a universal transgression, its place in memories of war, its legacies, including children born from rape, and the challenge of writing about intimate violence as both a scientist and a human.

In Indirect Perpetrators Andrew Szanajda examines the administration of correctional and transitional justice in postwar Germany from 1945 to 1955. He is specifically concerned with the prosecution of those who had denounced others to the authorities during the National Socialist era. The first part of this work looks at the reasons behind the decision to prosecute informers with perpetrating a crime against humanity and the philosophical, legal, and practical problems associated with the administration of justice retroactively in the German courts through legislation specifically enacted for this purpose under the auspices of the Allied occupation powers and subsequent legislation enacted by the German authorities. The second part of the book examines the implementation of this law and the prosecution of informers in the American, French, and British occupation zones and then later in the Federal Republic of Germany, drawing on court proceedings and the judgments that were handed down in these cases. Szanajda discusses the problems associated with the implementation of this law in the respective zones and in the Federal Republic of Germany and the lessons to be drawn from this historically significant attempt to call individuals to account for their crimes against humanity after they had occurred through the use of retroactive legislation.

Ethics for Enemies comprises three original philosophical essays on torture, terrorism, and war. F. M. Kamm deploys ethical theory in her challenging new treatments of these most controversial practical issues. First she considers the nature of torture and the various occasions on which it could occur, in order to determine why it might be wrong to torture a wrongdoer held captive, even if this were necessary to save his victims. In the second essay she considers what makes terrorism wrong--whether it is the intention to harm civilians, rather than harm to them being 'collateral damage, ' or something else--and whether terrorism is always wrong. The third essay discusses whether having a right reason, in the sense of a right intention, is necessary in order for a war to be just. Kamm then examines ways in which the harms of war can be proportional to the achievement of the just cause and other goods that war can bring about, so as to make the declaration of war permissible.

This book offers a historical presentation of how international criminal law has evolved from a national setting to embodying a truly international outlook. As a growing part of international law this is an area that has attracted growing attention as a result of the mass atrocities and heinous crimes committed in different parts of the world. Cakmak pays particular attention to how the first permanent international criminal court was created and goes on to show how solutions developed to address international crimes have remained inadequate and failed to restore justice. Calling for a truly global approach as the only real solution to dealing with the most severe international crimes, this text will be of great interest to scholars of criminal justice, political science, and international relations.