The Enemy Combatants Papers presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the U.S. Constitution guarantees and to whom. In these documents, the reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. Complemented with a comprehensive timeline and appendices that include the relevant cases from the Civil War, World War II, and the Korean War and the premises for setting up military commissions and Combatant Status Review Tribunals, this book is meant for those who seek to understand the issues - legal, political, and military - that have dominated the search for balance between justice and security in the war on terror.

The trial of major Nazi war criminals in Nuremberg was a landmark event in the development of modern international law, and continues to be highly influential in our understanding of international criminal law and post-conflict justice. This volume offers a unique collection of the most important essays written on the Trial, discussing the key legal, political and philosophical questions raised by the Trial both at the time and in historical perspective.
The collection focuses on pieces from those involved in the Tribunal, discussing the establishment of the Tribunal, the Trial itself, and the debate that followed the Judgment. Also included are representative essays of the academic debate that has surrounded Nuremberg in the sixty years since the Trial. Ranging from the contribution of Nuremberg to the substantive development of international criminal law to the philosophical evaluation of legalism in post-conflict international relations, the perspectives provided by the essays offer a unique overview of the persistent significance of Nuremberg across a range of academic disciplines.
The collection also features newly translated essays from key German, Russian and French writers, available in English for the first time; a new essay by Guenael Mettraux examining the Nuremberg legacy in contemporary international criminal justice, and an exhaustive bibliography of the literature on Nuremberg.

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.

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.

When Slobodan Milosevic died in the United Nations Detention Unit in The Hague over four years after his trial had begun, many feared - and some hoped - that international criminal justice was experiencing some sort of death itself. Yet the Milosevic case, the first trial of a former head of state by a truly international criminal tribunal and one of the most complex and lengthy war crimes trials in history, stands for much in the development and the future of international criminal justice, both politically and legally. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.

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.

Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.

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.

This book situates Burundi in the current global debate on ethnicity by describing and analyzing the wholesale massacre of the Hutu majority by the Tutsi minority. The author refutes the government's version of these events that places blame on the former colonial government and the church. He offers documentation that identifies the source of these massacres as occurring across a socially constructed fault-line that pitted the Hutu majority's use of ethnicity as an instrument for the achievement of majority rule in parliament against the Tutsi minority's use of ethnocide to gain hegemony. By analyzing the roots of ethnicity conflict, the author derives institutional and other formulae through which conflict among the primary groups in Burundi--and elsewhere--may be mitigated. Published in cooperation with the United Nations Research Institute for Social Development (UNRISD).

Focusing on the twentieth century, this collection of essays by leading international experts offers an up-to-date, comprehensive history and analysis of multiple cases of genocide and genocidal acts. The book contains studies of the Armenian genocide; the victims of Stalinist terror; the Holocaust; and Imperial Japan. Contributors explore colonialism and address the fate of the indigenous peoples in Africa, North America, and Australia. In addition, extensive coverage of the post-1945 period includes the atrocities in the former Yugoslavia, Bali, Cambodia, prhiopia, Rwanda, East Timor, and Guatemala. Robert Gellately is Professor and Strassler Family Chair for the Study of Holocaust History at Clark University, where he teaches a variety of courses in modern German history, modern European history and the history of the Holocaust with a concentration on the study of Nazi Germany and the Gestapo. In Backing Hitler (Oxford, 2001), Gellately uses new evidence to demolish long-held beliefs about what ordinary Germans knew of the concentration camps. His internationally acclaimed book, The Gestapo and German Society (Oxford, 1990) challenges conventional concepts of the Gestapo and daily life in Nazi Germany. He has won numerous fellowships, and awards, most recently from the Alexander von Humboldt Foundation in Germany. Ben Kiernan is A. Whitney Griswold Professor of History and Director of the Genocide Studies Program at Yale University and Convenor of the Yale East Timor Project. Kiernan is the author of The Pol Pot Regime (Yale, 1996), How Pol Pot Came to Power (Verso Books, 1985) and three other works and over a hundred scholarly articles on Southeast Asia and the history of genocide. Choice called him "the most knowledgeable observer of Cambodia anywhere in the Western world." Pol Pot's Khmer Rouge "indicted" and then "sentenced" him as an "arch war criminal." Kiernan is a member of the Editorial Boards of Human Rights Review, the Journal of Human Rights, and the Journal of Genocide Research. He is currently writing a global history of genocide since 1500.

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.

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.
Ben Kiernan draws on more than five hundred interviews with Cambodian refugees, survivors, and defectors, as well as on a rich collection of previously unexplored archival material from the Pol Pot regime (including Pol Pot's secret speeches). He recounts how in the first few days after Cambodia became Democratic Kampuchea in 1975, authorities evacuated all cities, closed hospitals, schools, monasteries, and factories, and abolished the use of money. For nearly four years, the country was a prison-camp state, the countryside was "cleansed" of minorities, and a savage war was fought against Vietnam. Exploring the nature of the regime that enforced such a revolution, Kiernan shows that its atrocities--the widespread massacres, forced assimilation of minorities, and foreign alliances and wars--can be explained by its ideological preoccupation with racist and totalitarian policies. Kiernan concludes with a description of the resistance movements that sprang up and the destruction of the regime by Vietnamese forces in 1979.

When and how might the term genocide appropriately be ascribed to the experience of North American Indigenous nations under settler colonialism? Laurelyn Whitt and Alan W. Clarke contend that, if certain events which occurred during the colonization of North America were to take place today, they could be prosecuted as genocide. The legal methodology that the authors develop to establish this draws upon the definition of genocide as presented in the United Nations Genocide Convention and enhanced by subsequent decisions in international legal fora. Focusing on early British colonization, the authors apply this methodology to two historical cases: that of the Beothuk Nation from 1500-1830, and of the Powhatan Tsenacommacah from 1607-77. North American Genocides concludes with a critique of the Conventional account of genocide, suggesting how it might evolve beyond its limitations to embrace the role of cultural destruction in undermining the viability of human groups.

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.

An estimated one million Armenians were killed in the dying days of the Ottoman Empire in 1915. Against the backdrop of World War I, reports of massacre, atrocity, genocide and exile sparked the largest global humanitarian response up to that date. Britain and its empire - the most powerful internationalist institutional force at the time - played a key role in determining the global response to these events. This book considers the first attempt to intervene on behalf of the victims of the massacres and to prosecute those responsible for 'crimes against humanity' using newly uncovered archival material. It looks at those who attempted to stop the violence and to prosecute the Ottoman perpetrators of the atrocities. In the process it explores why the Armenian question emerged as one of the most popular humanitarian causes in British society, capturing the imagination of philanthropists, politicians and the press. For liberals, it was seen as the embodiment of the humanitarian ideals espoused by their former leader (and four-time Prime Minister), W.E. Gladstone. For conservatives, as articulated most clearly by Winston Churchill, it proved a test case for British imperial power. In looking at the British response to the events in Anatolia, Michelle Tusan provides a new perspective on the genocide and sheds light on one of the first ever international humanitarian campaigns.

This comprehensive treatment of post-World War II Allied war crimes trials in the Far East is a significant contribution to a neglected subject. While the Nuremberg and, to a lesser degree, Tokyo tribunals have received considerable attention, this is the first full-length assessment of the entire Far East operation, which involved some 5,700 accused and 2,200 trials. After discussing the Tokyo trial, Piccigallo systematically examines the operations of each Allied nation, documenting procedure and machinery as well as the details of actual trials (including hitherto unpublished photographs) and ending with a statistical summary of cases. This study allows a completely new assessment of the Far East proceedings: with a few exceptions, the trials were carefully and fairly conducted, the efforts of defense counsel and the elaborate review procedures being especially noteworthy. Piccigallo's approach to this emotion-filled subject is straightforward and evenhanded throughout. He concludes with a discussion of the broader implications of such war crimes trials, a matter of interest to the general reader as well as to specialists in history, law, and international affairs.

From Hope to Horror: Diplomacy and the Making of the Rwanda Genocide examines Joyce E. Leader's time in the struggling state of Rwanda during the early 1990s, documenting the challenges and troubling disruptions that the transitioning society faced, including violence as prospective changes unleashed deep-seated social cleavages. As diplomat at the United States embassy in Kigali, Leader depicts her firsthand account of Rwanda's descent from the prospect of democracy and peace into horrific genocide. From a field perspective, From Hope to Horror follows the political quest to maintain or gain power that ultimately unleashed a three-way struggle leading to deep geographic and ethnic divisions in Rwandan society. Political wrangling played out against a background of ever-escalating violence while U.S diplomacy pushed for a democracy and peace without realizing its own contribution to the violent backlash from those whose power and privilege would be diminished due to U.S policies if this democracy was reached. Violence escalated with each step forward in either democracy or peacemaking until genocide enveloped the country, ending in the brutal slaughter and traumatizing of millions. Leader explores the ways in which the United States ultimately failed Rwanda by neglecting the unintended consequences of its policies in support of democratization and peacemaking. While Part 1 of From Hope to Horror documents the unfolding of pre-genocide Rwanda, Part 2 marks lessons learned that diplomacy must take under consideration to be more effective at preventing, mitigating, and managing conflicts to avert genocide. This firsthand account of the political dynamics inside Rwanda before the genocide will not only fill a gap in the literature but will also contribute to a dialogue among diplomats and students of genocide and conflict resolution about U.S. policy in transitioning societies and the importance of making conflict prevention a diplomatic and foreign policy priority.

Why is it that Catholics and Protestants in Northern Ireland have been in perpetual conflict for thirty years when they can live and prosper together elsewhere? Why was there a bloody civil war in Bosnia and Herzegovina when Croats, Serbs, and Muslims had lived peacefully side-by-side for decades? Why did nobody see and act upon the early warning signs of genocide in Rwanda that eventually killed close to a million people in a matter of weeks? What is it that makes Kashmir potentially worth a nuclear war between India and Pakistan?
In Ethnic Conflict, Stefan Wolff draws upon eye witness testimonies, reports by Human Rights organizations, theories of conflict and conflict management, and his own long experience in working to resolve ethnic conflict to offer compelling answers to these questions. In recent years hardly a day has gone by when ethnic conflict in some part of the world has not made headline news. The violence involved in these conflicts continues to destabilize entire regions, hamper social and economic development, and cause unimaginable human suffering. Wolff goes beyond superficial media coverage of these crises to illuminate the broad similarities between ethnic conflicts around the world and to engage the fundamental question underlying them all: why do nationalism and ethnicity still have such terrible power to turn neighbor against neighbor? Wolff also explores the crucial-and growing-links between ethnic conflict and other security challenges, such as terrorism and organized crime.
No issue is more pressing in the world today than the ongoing and seemingly intractable tragedy of ethnic conflict. Stefan Wolff's new book sheds vitally important new light onboth the causes and the potential solutions to one of humanity's darkest behaviors.

How can human beings kill or brutalize multitudes of other human beings? Focusing particularly on genocide, but also on other forms of mass killing, torture, and war, Ervin Staub explores the psychological, cultural, and societal roots of group aggression. He sketches a conceptual framework for the many influences on one group's desire to harm another: cultural and social patterns predisposing to violence, historical circumstances resulting in persistent life problems, and needs and modes of adaptation arising from the interaction of these influences. Such notions as cultural stereotyping and devaluation, societal self-concept, moral exclusion, the need for connection, authority orientation, personal and group goals, "better world" ideologies, justification, and moral equilibrium find a place in his analysis, and he addresses the relevant evidence from the behavioral sciences. Within this conceptual framework, Staub then considers the behavior of perpetrators and bystanders in four historical situations: the Holocaust (his primary example), the genocide of Armenians in Turkey, the "autogenocide" in Cambodia, and the "disappearances" in Argentina. Throughout, he is concerned with the roots of caring and the psychology of heroic helpers. In his concluding chapters, he reflects on the socialization of children at home and in schools, and on the societal practices and processes that facilitate the development of caring persons, and of care and cooperation among groups. A wide audience will find The Roots of Evil thought-provoking reading.