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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? This work is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
Genocide has scarred human societies since Antiquity. In the modern era, genocide has been a global phenomenon: from massacres in colonial America, Africa, and Australia to the Holocaust of European Jewry and mass death in Maoist China. In recent years, the discipline of 'genocide studies' has developed to offer analysis and comprehension. The Oxford Handbook of Genocide Studies is the first book to subject both genocide and the young discipline it has spawned to systematic, in-depth investigation. Thirty-four renowned experts study genocide through the ages by taking regional, thematic, and disciplinary-specific approaches. Chapters examine secessionist and political genocides in modern Asia. Others treat the violent dynamics of European colonialism in Africa, the complex ethnic geography of the Great Lakes region, and the structural instability of the continent's northern horn. South and North America receive detailed coverage, as do the Ottoman Empire, Nazi-occupied Europe, and post-communist Eastern Europe. Sustained attention is paid to themes like gender, memory, the state, culture, ethnic cleansing, military intervention, the United Nations, and prosecutions. The work is multi-disciplinary, featuring the work of historians, anthropologists, lawyers, political scientists, sociologists, and philosophers. Uniquely combining empirical reconstruction and conceptual analysis, this Handbook presents and analyses regions of genocide and the entire field of 'genocide studies' in one substantial volume.
This book tells the story of German nurses who, directly or indirectly, participated in the Nazis' "euthanasia" measures against patients with mental and physical disabilities, measures that claimed well over 100,000 victims from 1939 to 1945. How could men and women who were trained to care for their patients come to kill or assist in murder or mistreatment? This is the central question pursued by Bronwyn McFarland-Icke as she details the lives of nurses from the beginning of the Weimar Republic through the years of National Socialist rule. Rather than examine what the Party did or did not order, she looks into the hearts and minds of people whose complicity in murder is not easily explained with reference to ideological enthusiasm. Her book is a micro-history in which many of the most important ethical, social, and cultural issues at the core of Nazi genocide can be addressed from a fresh perspective. McFarland-Icke offers gripping descriptions of the conditions and practices associated with psychiatric nursing during these years by mining such sources as nursing guides, personnel records, and postwar trial testimony. Nurses were expected to be conscientious and friendly caretakers despite job stress, low morale, and Nazi propaganda about patients' having "lives unworthy of living." While some managed to cope with this situation, others became abusive. Asylum administrators meanwhile encouraged nurses to perform with as little disruption and personal commentary as possible. So how did nurses react when ordered to participate in, or tolerate, the murder of their patients? Records suggest that some had no conflicts of conscience; others did as they were told with regret; and a few refused. The remarkable accounts of these nurses enable the author to re-create the drama taking place while sharpening her argument concerning the ability and the willingness to choose.
What is Justice? Is it always just 'to come'? Can real experience be translated into law? Examining Cambodia's troubled reconciliation, Alexander Hinton suggests an approach to justice founded on global ideals of the rule of law, democratization, and a progressive trajectory towards liberty and freedom, and which seeks to align the country with so called universal modes of thought, is condemned to failure. Instead, Hinton advocates focusing on the individual lived experience, and the discourses, interstices, and the combustive encounters connected with it, as a radical alternative. A phenomenology inspired approach towards healing national trauma, Hinton's ground-breaking text will make anybody with an interest in transitional justice, development, humanitarian intervention, human rights, or peacebuilding, question the value of an established truth.
Genocide has tragically claimed the lives of over 262 million victims in the last century. Jews, Armenians, Cambodians, Darfurians, Kosovons, Rwandans, the list seems endless. Clinical psychologist Steven K. Baum sets out to examine the psychological patterns to these atrocities. Building on trait theory as well as social psychology he reanalyzes key conformity studies (including the famous experiments of Ash, Millgram and Zimbardo) to bring forth a new understanding of identity and emotional development during genocide. Baum presents a model that demonstrates how people's actions during genocide actually mirror their behaviour in everyday life: there are those who destruct (perpetrators), those who help (rescuers) and those who remain uninvolved, positioning themselves between the two extremes (bystanders). Combining eyewitness accounts with Baum's own analysis, this book reveals the common mental and emotional traits among perpetrators, bystanders and rescuers and how a war between personal and social identity accounts for these divisions.
As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victor's justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victor's justice. This book traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, with a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade.
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.
The question is as searing as it is fundamental to the continuing debate over Japanese culpability in World War II and the period leading up to it: "How could Japanese soldiers have committed such acts of violence against Allied prisoners of war and Chinese civilians?" During the First World War, the Japanese fought on the side of the Allies and treated German POWs with respect and civility. In the years that followed, under Emperor Hirohito, conformity was the norm and the Japanese psyche became one of selfless devotion to country and emperor; soon Japanese soldiers were to engage in mass murder, rape, and even cannibalization of their enemies. Horror in the East examines how this drastic change came about. On the basis of never-before-published interviews with both the victimizers and the victimized, and drawing on never-before-revealed or long-ignored archival records, Rees discloses the full horror of the war in the Pacific, probing the supposed Japanese belief in their own racial superiority, analyzing a military that believed suicide to be more honorable than surrender, and providing what the Guardian calls "a powerful, harrowing account of appalling inhumanity...impeccably researched."
The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course--its choice of judges, procedures, decisions, and omissions--General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume--lawyers, scholars, and government officials--include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
In this thoughtful exploration of a painful subject, Kathleen Taylor seeks to bring together the fruits of work in psychology, sociology, and her own field of neuroscience to shed light on the nature of cruelty and what makes human beings cruel. The question of cruelty is inevitably tied to questions of moral philosophy, the nature of evil, free will and responsibility. Taylor's approach is ambitious, but little work has been done in this area and this wide-ranging discussion, considering the roles of emotion, belief, identity and 'otherizing'; evolved instincts and differences in brains; callousness and sadism; seeks to begin to identify how we might reduce or limit cruelty in our societies by a greater understanding of its causes, and the circumstances in which it can grow. As with her highly regarded previous book, Brainwashing, Taylor draws in examples from history and literature in her study, making this a rich and multifaceted analysis that should be of interest to a wide readership, and provoke much thought, debate, and further research.
The book offers An introduction to international law's approaches
to holding individuals accountable for human rights atrocities,
exploring whether human rights abusers can and should be brought to
justice.
The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course--its choice of judges, procedures, decisions, and omissions--General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Issues of the war that have provoked public controversy and legal debate over the last two years--the Cambodian invasion of May-June 1970, the disclosure in November 1969 of the My Lai massacre, and the question of war crimes--are the focus of Volume 3. As in the previous volumes, the Civil War Panel of the American Society of International Law has endeavored to select the most significant legal writing on the subject and to provide, to the extent possible, a balanced presentation of opposing points of view. Parts I and II deal directly with the Cambodian, My Lai, and war crimes debates. Related questions are treated in the rest of the volume: constitutional debate on the war; the distribution of functions among coordinate branches of the government; the legal status of the insurgent regime in the struggle for control of South Vietnam; prospects for settlement without a clear-cut victory; and Vietnam's role in general world order. The articles reflect the views of some forty contributors: among them, Jean Lacouture, Henry Kissinger, John Norton Moore, Quincy Wright, William H. Rhenquist, and Richard A. Falk. Originally published in 1972. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume--lawyers, scholars, and government officials--include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Tomochic is a controversial and celebrated example of Mexican fiction. Tomochic is the fictional narration of the 1892 military campaign that resulted in the massacre of the small village of Tomochic, located in the Tarahumara mountains and ordered by the dictatorial regime of Porfirio Diaz. The work is narrated by an eyewitness, the then second lieutenant, Heriberto Frias, and written by him in collaboration with Joaquin Clausell, editor of the newspaper which published it in serial form between March and April of 1893. For a period after the series' publication, the author chose to maintain anonymity. It was expressly this stance which excited more public interest than any other Mexican writer of the 19th century and which eventually led to a drawn out trial to uncover the identity of the author and to implicate him. For, although it is a work of fiction, the general plot of the work, involving a confrontation between a professional army and a handful of citizens, was too similar to the actual massacre as to not be seen by Porfirio Diaz as a reprovement of himself and his regime. As a piece of literature, the novel is also admired for its incorporation of two important trends of the nineteenth century-history as literature and the war novel.
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.
Genocide occurs in every time period and on every continent. Using the 1948 U.N. definition of genocide as its departure point, this book examines the main episodes in the history of genocide from the beginning of human history to the present. Norman M. Naimark lucidly shows that genocide both changes over time, depending on the character of major historical periods, and remains the same in many of its murderous dynamics. He examines cases of genocide as distinct episodes of mass violence, but also in historical connection with earlier episodes. Unlike much of the literature in genocide studies, Naimark argues that genocide can also involve the elimination of targeted social and political groups, providing an insightful analysis of communist and anti-communist genocide. He pays special attention to settler (sometimes colonial) genocide as a subject of major concern, illuminating how deeply the elimination of indigenous peoples, especially in Africa, South America, and North America, influenced recent historical developments. At the same time, the "classic" cases of genocide in the twentieth Century - the Armenian Genocide, the Holocaust, Rwanda, and Bosnia - are discussed, together with recent episodes in Darfur and Congo.
Winner of the 1993 Fraenkel Prize in Contemporary History, The Nazi Connection shows how the Nazis drew upon American eugenic thought, scientific research, and widespread sterilization laws to install their program of eugenics after 1933.
Shortly after the Nazi government fell, a philosophy professor at Heidelberg University lectured on a subject that burned the consciousness and conscience of thinking Germans. “Are the German people guilty?” These lectures by Karl Jaspers, an outstanding European philosopher, attracted wide attention among German intellectuals and students; they seemed to offer a path to sanity and morality in a disordered world. Jaspers, a life-long liberal, attempted in this book to discuss rationally a problem that had thus far evoked only heat and fury. Neither an evasive apology nor a wholesome condemnation, his book distinguished between types of guilt and degrees of responsibility. He listed four categories of guilt: criminal guilt (the commitment of overt acts), political guilt (the degree of political acquiescence in the Nazi regime), moral guilt (a matter of private judgment among one’s friends), and metaphysical guilt (a universally shared responsibility of those who chose to remain alive rather than die in protest against Nazi atrocities). Karl Jaspers (1883–1969) took his degree in medicine but soon became interested in psychiatry. He is the author of a standard work of psychopathology, as well as special studies on Strindberg, Van Gogh and Nietsche. After World War I he became Professor of Philosophy at Heidelberg, where he achieved fame as a brilliant teacher and an early exponent of existentialism. He was among the first to acquaint German readers with the works of Kierkegaard. Jaspers had to resign from his post in 1935. From the total isolation into which the Hitler regime forced him, Jaspers returned in 1945 to a position of central intellectual leadership of the younger liberal elements of Germany. In his first lecture in 1945, he forcefully reminded his audience of the fate of the German Jews. Jaspers’s unblemished record as an anti-Nazi, as well as his sentient mind, have made him a rallying point center for those of his compatriots who wish to reconstruct a free and democratic Germany.
In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' -- the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in 'ungoverned space,' can ensure that they retain the initiative. The book describes French, Turkish and British colonial 'judicial strategy' and contrasts their experience with the chaos of more recent 'stabilization operations' in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.
Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine men condemned to death for war crimes at Mauthausen concentration camp mounted the gallows at Landsberg prison near Munich. The mass execution that followed resulted from an American military trial conducted at Dachau in the spring of 1946 a trial that lasted only thirty-six days and yet produced more death sentences than any other in American history. The Mauthausen trial was part of a massive series of proceedings designed to judge and punish Nazi war criminals in the most expedient manner the law would allow. There was no doubt that the crimes had been monstrous. Yet despite meting out punishment to a group of incontestably guilty men, the Mauthausen trial reveals a troubling and seldom-recognized face of American postwar justice one characterized by rapid proceedings, lax rules of evidence, and questionable interrogations. Although the better-known Nuremberg trials are often regarded as epitomizing American judicial ideals, these trials were in fact the exception to the rule. Instead, as Tomaz Jardim convincingly demonstrates, the rough justice of the Mauthausen trial remains indicative of the most common and yet least understood American approach to war crimes prosecution. The Mauthausen Trial forces reflection on the implications of compromising legal standards in order to guarantee that guilty people do not walk free.
A rare and poignant testimony of a survivor of the Armenian genocide. The twentieth century was an era of genocide, which started with the Turkish destruction of more than one million Armenian men, women, and children-a modern process of total, violent erasure that began in 1895 and exploded under the cover of the First World War. John Minassian lived through this as a teenager, witnessing the murder of his own kin, concealing his identity as an orphan and laborer in Syria, and eventually immigrating to the United States to start his life anew. A rare testimony of a survivor of the Armenian genocide, one of just a handful of accounts in English, Minassian's memoir is breathtaking in its vivid portraits of Armenian life and culture and poignant in its sensitive recollections of the many people who harmed and helped him. As well as a searing testimony, his memoir documents the wartime policies and behavior of Ottoman officials and their collaborators; the roles played by the British, French, and Indian armies, as well as American missionaries; and the ultimate collapse of the empire. The author's journey, and his powerful story of perseverance, despair, and survival will resonate with readers today. |
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