The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.

Overshadowed for many years by the Nuremberg trials, the Tokyo Trial--one of the major events in the aftermath of World War II--has elicited renewed interest since the 50th anniversary of the war's end. Revelations of previously hidden war crimes, including comfort women and biological warfare, and the establishment of international courts to try Yugoslav and Rwandan war criminals have added to the interest. This bibliography addressees the renewed interest in the Tokyo Trial, providing over 700 citations to official publications, scholarly monographs and journal articles, contemporaneous accounts, manuscript collections, and Web sites. Also included are sources on the Trial's influence on international law and military law and unresolved issues being debated to this day.

Defining war crimes after the fact, practicing victor's justice to punish enemies, holding military commanders accountable for their troops' actions--these were issues confronted in the Tokyo Trial and other Asia-Pacific war crimes trials. They are still being investigated, researched, and debated today. This bibliography helps to illuminate these issues from different perspectives, providing a variety of ways to locate relevant English-language sources. The volume also includes citations to contemporary issues stemming from the Asia-Pacific war crimes trials--comfort women, biological warfare, and unresolved issues of reparations and official apologies. The book is a useful guide to sources on all aspects of the Tokyo Trial.

This book explores the subject of genocide through key debates and case studies. It analyses the dynamics of genocide - the processes and mechanisms of acts committed with the intention of destroying, in whole or in part, a national, ethnic, religious or racial group - in order to shed light upon its origins, characteristics and consequences. Debating Genocide begins with an introduction to the concept of genocide. It then examines the colonial genocides at the end of the 19th- and start of the 20th-centuries; the Armenian Genocide of 1915-16; the Nazi 'Final Solution'; the Nazi genocide of the Gypsies; mass murder in Cambodia under the Khmer Rouge; the genocides in the 1990s in the former Yugoslavia and Rwanda; and the genocide in Sudan in the early 21st century. It also includes a thematic chapter which covers gender and genocide, as well as issues of memory and memorialisation. Finally, the book considers how genocides end, as well as the questions of resolution and denial, with Lisa Pine examining the debates around prediction and prevention and the R2P (Responsibility to Protect) initiative. This book is crucial for any students wanting to understand why genocides have occurred, why they still occur and what the key historical discussions around this subject entail.

During a one-hundred-day period in 1994, Hutus murdered between half a million and a million Tutsi in Rwanda. The numbers are staggering; the methods of killing were unspeakable. Utilizing personal interviews with trauma survivors living in Rwandan cities, towns, and dusty villages, We Cannot Forget relates what happened during this period and what their lives were like both prior to and following the genocide.

Through powerful stories that are at once memorable, disturbing, and informative, readers gain a critical sense of the tensions and violence that preceded the genocide, how it erupted and was carried out, and what these people faced in the first sixteen years following the genocide.

This book analyses the debates on colonial genocide in the 21st century and introduces cases where states are reluctant to acknowledge genocides. The author departs from traditional studies of the work of Raphael Lemkin or U.N. definitions of genocide so that readers can examine genocide recognition as a political act that is bound up in partial perceptions and political motivations. The study looks at the Tasmanian genocide, Al-Nakba, and several other tragic events. It also looks at the ways that these historical and contemporary debates about colonial genocides are related to today's conversations about apologies and other restorative justice acts. This work will be of interest to a wide range of audiences including researchers, scholars, graduate students, and policy makers in the fields of political history, genocide studies, and political science.

In this scholarly yet intensely personal history, author Edina Becirevic explores the widespread ethnic cleansing that occurred in Bosnia and Herzegovina from 1992 through 1995, war crimes and crimes against humanity committed by Serbs against Bosnian Muslims that fully meet the criteria for genocide established after World War II by the Genocide Convention of 1948. An in-depth study of the devastating and dehumanizing effects of genocide on individual destinies and the mechanisms of its denial in Bosnia and Herzegovina, Becirevic's essential history contextualizes the East Bosnian program of atrocities with respect to broader scholarly debates about the nature of genocide.

War crimes have devastating effects on victims and perpetrators and endanger broader political and military goals. The protection of civilians, one of the most fundamental norms in the laws of war, appears to have weakened despite almost universal international agreement. Using insights from organizational theory, this book seeks to understand the process between military socialization and unit participation in war crimes. How do militaries train their soldiers in the laws of war? How do they enforce compliance with these laws? Drawing on evidence from the Korean War, the Malayan Emergency, and the Canadian peacekeeping mission in Somalia, the author discovers that military efforts to train soldiers about the laws of war are poor and leadership often sent mixed signals about the importance of compliance. However, units that developed subcultures that embraced these laws and had strong leadership were more likely to comply than those with weak discipline or countercultural norms.

This volume provides an indispensable resource for anyone studying the Holocaust. The reference entries are enhanced by documents and other tools that make this volume a vital contribution to Holocaust research. This volume showcases a detailed look at the multifaceted attempts by Germany's Nazi regime, together with its collaborators, to annihilate the Jews of Europe during the Holocaust. Several introductory essays, along with a rich chronology, reference entries, primary documents, images, and a bibliography provide crucial information that readers will need in order to try to understand the Holocaust while undertaking research on that horrible event. This text looks not only at the history of the Holocaust, but also at examples of resistance (through armed violence, attempts at rescue, or the very act of survival itself); literary and cultural expressions that have attempted to deal with the Holocaust; the social and psychological implications of the Holocaust for today; and how historians and others have attempted to do justice to the memory of those killed and seek insight into why the Holocaust happened in the first place. Comprehensively examines all angles of the Holocaust within one easily readable volume written by experts Includes primary documents, with appropriate introductions, to set the historical and contemporary contexts for the entries Contains useful chronologies of the events surrounding the Holocaust Provides a number of contextualizing essays on various facets of the Holocaust, which precede the reference entries themselves

The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of todays armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenhausers text will be essential to academics and practitioners alike.

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.

This book examines the use of national and international law to prosecute Nazi crimes, the centerpiece of twentieth-century state-sponsored genocide and mass murder crimes, the paradigmatic instance of state-sponsored criminality and genocide in the twentieth century. Its various essays, the contributors reconstruct the historical historical setting of the crimes committed under the aegis of the Nazi regime and examine why postwar adjudication took place only within limits, within the national and international judicial forums responsible for prosecuting perpetrators. The topics discussed include the impact of the Nazi justice system on postwar justice, postwar legal proceedings against those who committed war crimes and genocide, the work of the Nuremberg tribunal and Allied trials, and judicial investigations and prosecutions in East Germany, West Germany, and Austria. They span the postwar period up to contemporary U.S. legal efforts to deport Nazi criminals within its borders and libel trials against Holocaust denials in London and Canadian courts and libel suits brought by Holocaust deniers in British and Canadian courts, and they reveal new perspectives on the present and future implications of these trials.

Genocide--the deliberate destruction, usually through mass murder, of an ethnic, racial or religious group--is the ultimate crime against humanity. Drawing upon a wide variety of disciplines, this study assesses ways to prevent this crime. While most books about genocide focus on the history of a particular event, such as the Holocaust, or compare case studies to derive empirical theories, this book outlines many practical aspects of genocide prevention.

Heidenrich covers a broad spectrum of expert opinions, from Stanley Hoffmann to Henry Kissinger, as well as political opinions regarding genocide that range from Ronald Reagan to Bill Clinton. Topics include international law, humanitarian intervention, early warning measures, and the effectiveness of such methods as diplomacy, economic pressure, and nonviolent resistance. Preventing genocide in a tense socio-political environment is no easy task, but such prevention is easier and more cost-effective than trying to put an end to genocide once it is already occurring.

This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict. Focusing on institutions that have adopted international criminal trials, the authors encourage us to ask not only whether expectations are appropriate to institutions, but whether institutions are appropriate expectations. Drawing upon a wide variety of sources, this volume demonstrates that a profound 'expectation gap' - the gap between anticipated and likely outcomes of justice - exists in transitional justice systems and processes. This 'expectation gap' requires that the justice goals of local communities be managed accordingly. In proposing a perspective of enhanced engagement, the authors argue for greater compromise in the expectations, goals and design of transitional justice. This book will constitute an important and valuable resource for students of scholars of transitional justice as well as practitioners, particularly with regards to the design of transitional justice responses.

In 1994 genocide in Rwanda claimed the lives of at least 500,000 Tutsi --some three-quarters of their population --while UN peacekeepers were withdrawn and the rest of the world stood aside. Ever since, it has been argued that a small military intervention could have prevented most of the killing. In The Limits of Humanitarian Intervention, Alan J. Kuperman exposes such conventional wisdom as myth.

Combining unprecedented analyses of the genocide's progression and the logistical limitations of humanitarian military intervention, Kuperman reaches a startling conclusion: even if Western leaders had ordered an intervention as soon as they became aware of a nationwide genocide in Rwanda, the intervention forces would have arrived too late to save more than a quarter of the 500,000 Tutsi ultimately killed. Serving as a cautionary message about the limits of humanitarian intervention, the book's concluding chapters address lessons for the future.

This book explores how photography and documentary film have participated in the representation of the 1994 genocide in Rwanda and its aftermath. This in-depth analysis of professional and amateur photography and the work of Rwandan and international filmmakers offers an insight into not only the unique ability of images to engage with death, memory and the need for evidence, but also their helplessness and inadequacy when confronted with the enormity of the event. Focusing on a range of films and photographs, the book tests notions of truth, evidence, record and witnessing - so often associated with documentary practice - in the specific context of Rwanda and the wider representational framework of African conflict and suffering. Death, Image, Memory is an inquiry into the multiple memorial and evidentiary functions of images that transcends the usual investigations into whether photography and documentary film can reliably attest to the occurrence and truth of an event.

This book uses in-depth interview data with victims of conflict in Northern Ireland, South Africa and Sri Lanka to offer a new, sociological conceptualization of everyday life peacebuilding. It argues that sociological ideas about the nature of everyday life complement and supplement the concept of everyday life peacebuilding recently theorized within International Relations Studies (IRS). It claims that IRS misunderstands the nature of everyday life by seeing it only as a particular space where mundane, routine and ordinary peacebuilding activities are accomplished. Sociology sees everyday life also as a mode of reasoning. By exploring victims' ways of thinking and understanding, this book argues that we can better locate their accomplishment of peacebuilding as an ordinary activity. The book is based on six years of empirical research in three different conflict zones and reports on a wealth of interview data to support its theoretical arguments. This data serves to give voice to victims who are otherwise neglected and marginalized in peace processes.

This book presents a comprehensive overview of the Nanjing Massacre, together with an in-depth analysis of various aspects of the event and related issues. Drawing on original source materials collected from various national archives, national libraries, church historical society archives, and university libraries in China, Japan, Germany, United Kingdom and the United States, it represents the first English-language academic attempt to analyze the Nanjing Massacre in such detail and scope. The book examines massacres and other killings, in addition to other war crimes, such as rape, looting, and burning. These atrocities are then explored further via a historical analysis of Chinese survivors' testimony, Japanese soldiers' diaries, Westerners' eyewitness accounts, the news coverage from American and British correspondents, and American, British and German diplomatic dispatches. Further, the book explores issues such as the role and function of the International Committee for Nanking Safety Zone, burial records of massacre victims, post-war military tribunals, controversies over the Nanjing Massacre, and the 100-Man Killing Contest. This book is intended for all researchers, scholars, graduate and undergraduate students, and members of the general public who are interested in Second World War issues, Sino-Japanese conflicts, Sino-Japan relations, war crimes, atrocity and holocaust studies, military tribunals for war crimes, Japanese atrocities in China, and the Nanjing Massacre.