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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
On the early morning of March 16, 1968, American soldiers from three platoons of Charlie Company (1st Battalion, 20th Infantry Regiment, 11th Brigade, 23rd Infantry Division), entered a group of hamlets located in the Son Tinh district of South Vietnam, located near the Demilitarized Zone and known as "Pinkville" because of the high level of Vietcong infiltration. The soldiers, many still teenagers who had been in the country for three months, were on a "search and destroy" mission. The Tet Offensive had occurred only weeks earlier and in the same area and had made them jittery; so had mounting losses from booby traps and a seemingly invisible enemy. Three hours after the GIs entered the hamlets, more than five hundred unarmed villagers lay dead, killed in cold blood. The atrocity took its name from one of the hamlets, known by the Americans as My Lai 4. Military authorities attempted to suppress the news of My Lai, until some who had been there, in particular a helicopter pilot named Hugh Thompson and a door gunner named Lawrence Colburn, spoke up about what they had seen. The official line was that the villagers had been killed by artillery and gunship fire rather than by small arms. That line soon began to fray. Lieutenant William Calley, one of the platoon leaders, admitted to shooting the villagers but insisted that he had acted upon orders. An expose of the massacre and cover-up by journalist Seymour Hersh, followed by graphic photographs, incited international outrage, and Congressional and U.S. Army inquiries began. Calley and nearly thirty other officers were charged with war crimes, though Calley alone was convicted and would serve three and a half years under house arrest before being paroled in 1974. My Lai polarized American sentiment. Many saw Calley as a scapegoat, the victim of a doomed strategy in an unwinnable war. Others saw a war criminal. President Nixon was poised to offer a presidential pardon. The atrocity intensified opposition to the war, devastating any pretense of American moral superiority. Its effect on military morale and policy was profound and enduring. The Army implemented reforms and began enforcing adherence to the Hague and Geneva conventions. Before launching an offensive during Desert Storm in 1991, one general warned his brigade commanders, "No My Lais in this division-do you hear me?" Compelling, comprehensive, and haunting, based on both exhaustive archival research and extensive interviews, Howard Jones's My Lai will stand as the definitive book on one of the most devastating events in American military history.
The Khmer Rouge revolution turned Cambodia into grisly killing
fields, as the Pol Pot regime murdered or starved to death a
million and a half of Cambodia's eight million inhabitants. This
book--the first comprehensive study of the Pol Pot
regime--describes the violent origins, social context, and course
of the revolution, providing a new answer to the question of why a
group of Cambodian intellectuals imposed genocide on their own
country.
As a child growing up in Cambodia, Ronnie Yimsut played among the ruins of the Angkor Wat temples, surrounded by a close-knit community. As the Khmer Rouge gained power and began its genocidal reign of terror, his life became a nightmare. Teenaged Ronnie was left orphaned, literally buried under the bodies of his family and friends. In this stunning memoir, Yimsut describes how, in the wake of death and destruction, he decides to live. Escaping the turmoil of Cambodia, he makes a perilous journey through the jungle into Thailand, only to be sent to a notorious Thai prison. Fortunately, he is able to reach a refugee camp and ultimately migrate to the United States, another frightening journey to the unknown. Yet he prevailed, attending the University of Oregon and becoming an influential leader in the community of Cambodian immigrants. Facing the Khmer Rouge shows Ronnie Yimsut's personal quest to rehabilitate himself, make a new life in America, and then return to Cambodia to help rebuild the land of his birth.
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.
Defined by deliberation about the difference between right and wrong, encouragement not to be indifferent toward that difference, resistance against what is wrong, and action in support of what is right, ethics is civilization's keystone. The Failures of Ethics concentrates on the multiple shortfalls and shortcomings of thought, decision, and action that tempt and incite us human beings to inflict incalculable harm. Absent the overriding of moral sensibilities, if not the collapse or collaboration of ethical traditions, the Holocaust, genocide, and other mass atrocities could not have happened. Although these catastrophes do not pronounce the death of ethics, they show that ethics is vulnerable, subject to misuse and perversion, and that no simple reaffirmation of ethics, as if nothing disastrous had happened, will do. Moral and religious authority has been fragmented and weakened by the accumulated ruins of history and the depersonalized advances of civilization that have taken us from a bloody twentieth century into an immensely problematic twenty-first. What nevertheless remain essential are spirited commitment and political will that embody the courage not to let go of the ethical but to persist for it in spite of humankind's self-inflicted destructiveness. Salvaging the fragmented condition of ethics, this book shows how respect and honor for those who save lives and resist atrocity, deepened attention to the dead and to death itself, and appeals for human rights and renewed spiritual sensitivity confirm that ethics contains and remains an irreplaceable safeguard against its own failures.
"Terror in Chechnya" is the definitive account of Russian war crimes in Chechnya. Emma Gilligan provides a comprehensive history of the second Chechen conflict of 1999 to 2005, revealing one of the most appalling human rights catastrophes of the modern era--one that has yet to be fully acknowledged by the international community. Drawing upon eyewitness testimony and interviews with refugees and key political and humanitarian figures, Gilligan tells for the first time the full story of the Russian military's systematic use of torture, disappearances, executions, and other punitive tactics against the Chechen population. In "Terror in Chechnya," Gilligan challenges Russian claims that civilian casualties in Chechnya were an unavoidable consequence of civil war. She argues that racism and nationalism were substantial factors in Russia's second war against the Chechens and the resulting refugee crisis. She does not ignore the war crimes committed by Chechen separatists and pro-Moscow forces. Gilligan traces the radicalization of Chechen fighters and sheds light on the Dubrovka and Beslan hostage crises, demonstrating how they undermined the separatist movement and in turn contributed to racial hatred against Chechens in Moscow. A haunting testament of modern-day crimes against humanity, "Terror in Chechnya" also looks at the international response to the conflict, focusing on Europe's humanitarian and human rights efforts inside Chechnya.
This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.
Former United States Marine Brian Steidle served for six months in Darfur as an unarmed military observer for the African Union. There he witnessed first-hand the ongoing genocide, and documented every day of his experience using email, audio journals, notebook after notebook and nearly 1,000 photographs. Gretchen Steidle Wallace, his sister, who wrote this book with Brian, corresponded with him throughout his time in Darfur. Fired upon, taken hostage, a witness to villages destroyed and people killed, frustrated by his mission's limitations and the international community's reluctance to intervene, Steidle resigned and has since become an advocate for the world to step in and stop this genocide. The Devil Came on Horseback depicts the tragic impact of an Arab government bent on destroying its black African citizens, the maddening complexity of international inaction in response to blatant genocide, and the awkward, yet heroic transformation of a formerMarine turned humanitarian. It is a gripping and moving memoir that bears witness to atrocities we have too long averted our eyes from, and reveals that the actions of just one committed person have the power to change the world.
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.
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."
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.
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.
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.
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.
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.
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.
Garabed Hagop Aaronian was Armenian, yet served in the Turkish Army as an Engineer-Officer -- this, in fact, is how he was able to survive and write "Under The Shadow of Death", his personal record of the Armenian genocide. His account takes an inside view of the atrocities he and many Armenians suffered. G.H. Aaronian vividly testifies to the horror of the torture and annihilation of his friends and family while describing moments of hope when he transformed the landscape of the genocide to help many people. He possessed a will to survive that was remarkable while earning credibility and respect from all those who came in contact with him. In his own words: "It is the truth, the whole truth, and nothing but the truth, and may God have mercy upon the souls of those innocent people, my people, who suffered and died, many not even give the dignity of a grave. Lest their memory be forgotten by those who escaped the Jehennem (hell or a place of suffering), and for the generations to come, LET THIS BE A REMINDER". Aaronian's story is a warning of the depravity of the human condition and the hope offered by those who stand against it.
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."
Antisemitism: A History offers a readable overview of a daunting
topic, describing and analyzing the hatred that Jews have faced
from ancient times to the present. The essays contained in this
volume provide an ideal introduction to the history and nature of
antisemitism, stressing readability, balance, and thematic
coherence, while trying to gain some distance from the polemics and
apologetics that so often cloud the subject. Chapters have been
written by leading scholars in the field and take into account the
most important new developments in their areas of expertise.
Collectively, the chapters cover the whole history of antisemitism,
from the ancient Mediterranean and the pre-Christian era, through
the Medieval and Early Modern periods, to the Enlightenment and
beyond. The later chapters focus on the history of antisemitism by
region, looking at France, the English-speaking world, Russia and
the Soviet Union, Eastern Europe, and Nazi Germany, with
contributions too on the phenomenon in the Arab world, both before
and after the foundation of Israel.
Established in Peru in 1570, the Holy Office of the Inquisition operated there until 1820, prosecuting, torturing, and sentencing alleged heretics. Ana Schaposchnik offers a deeply researched history of the Inquisition's tribunal in the capital city of Lima, with a focus on cases of crypto-Judaism-the secret adherence to Judaism while publicly professing Christianity. Delving into the records of the tribunal, Schaposchnik brings to light the experiences of individuals on both sides of the process. Some prisoners, she discovers, developed a limited degree of agency as they managed to stall trials or mitigate the most extreme punishments. Training her attention on the accusers, Schaposchnik uncovers the agendas of specific inquisitors in bringing the condemned from the dungeons to the 1639 Auto General de Fe ceremony of public penance and execution. Through this fine-grained study of the tribunal's participants, Schaposchnik finds that the Inquisition sought to discipline and shape culture not so much through frequency of trials or number of sentences as through the potency of individual examples.
Terrortimes, Terrorscapes: Continuities of Space, Time, and Memory in Twentieth-Century War and Genocide investigates interconnections between space and violence throughout the twentieth century, and how such connections informed collective memory. The interdisciplinary volume shows how entangled notions of time and space amplified by memory narratives led to continuities of violence across different conflicts creating "terrortimes" and "terrorscapes" in their wake. The volume examines such continuities of violence with the help of an analytical framework built around different themes. Its first part, spatial and temporal continuities of violence, looks at contested spaces and ideas of national, ethnic, or religious homogeneity that are often at the heart of prolonged conflicts. The second part, on states and actors, addresses the role of states as enablers of violence, asymmetric power dynamics, and the connection between imperialism and genocide in Africa. Imagination and emotion-the focus of the third part-explores utopian visions and their limits that instigate or hinder, and the mobilization of emotion through propaganda. Finally, the fourth part shows how the recollection of the past sometimes triggers new terrortimes. Departing from an understanding of violence limited to certain areas and time frames, this volume describes continuities of violence as overlapping fabrics woven together from notions of space, time, and memory.
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. |
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