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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
Since the 1980s, transitional justice mechanisms have been
increasingly applied to account for mass atrocities and grave human
rights violations throughout the world. Over time, post-conflict
justice practices have expanded across continents and state borders
and have fueled the creation of new ideas that go beyond
traditional notions of amnesty, retribution, and reconciliation.
Gathering work from contributors in international law, political
science, sociology, and history, New Critical Spaces in
Transitional Justice addresses issues of space and time in
transitional justice studies. It explains new trends in responses
to post-conflict and post-authoritarian nations and offers original
empirical research to help define the field for the future.
Teaching and Learning About Genocide and Crimes Against Humanity:
Fundamental Issues and Pedagogical Approaches by Samuel Totten, a
renowned scholar of genocide studies and Professor Emeritus,
College of Education and Health Professions, University of
Arkansas, Fayetteville, is a culmination of 30 years in the field
of genocide studies and education. In writing this book, Totten
reports that he "crafted this book along the lines of what he
wished had been available to him when he first began teaching about
genocide back in the mid-1980s. That is, a book that combines the
best of genocide theory, the realities of the genocidal process,
and how to teach about such complex and often terrible and
difficult issues and facts in a theoretically, historically and
pedagogically sound manner." As the last book he will ever write on
education and educating about genocide, he perceives the book as
his gift to those educators who have the heart and grit to tackle
such an important issue in their classrooms.
The four Geneva Conventions, adopted in 1949, remain the
fundamental basis of contemporary international humanitarian law.
They protect the wounded and sick on the battlefield, those
wounded, sick or shipwrecked at sea, prisoners of war, and
civilians in time of war. However, since they were adopted warfare
has changed considerably. In this groundbreaking commentary over
sixty international law experts investigate the application of the
Geneva Conventions and explain how they should be interpreted
today. It places the Conventions in the light of the developing
obligations imposed by international law on states, armed groups,
and individuals, most notably through international human rights
law and international criminal law. The context in which the
Conventions are to be applied and interpreted has changed
considerably since they were first written. The borderline between
international and non-international armed conflicts is not as
clear-cut as was once thought, and is complicated further by the
use of armed force mandated by the United Nations and the complex
mixed and transnational nature of certain non-international armed
conflicts. The influence of other developing branches of
international law, such as human rights law and refugee law has
been considerable. The development of international criminal law
has breathed new life into multiple provisions of the Geneva
Conventions. This commentary adopts a thematic approach to provide
detailed analysis of each key issue dealt with by the Conventions,
taking into account both judicial decisions and state practice.
Cross-cutting chapters on issues such as transnational conflicts
and the geographical scope of the Conventions also give readers a
full understanding of the meaning of the Geneva Conventions in
their contemporary context. Prepared under the auspices of the
Geneva Academy of International Humanitarian Law and Human Rights,
this commentary on four of the most important treaties in
international law is unmissable for anyone working in or studying
situations of armed conflicts.
A philosophical investigation of dealing with guilt and its impact
on democracy, in the case of Austrian NazisDrawing on the work of
Hannah Arendt and Theodor W. Adorno, this book illustrates the
relevance and applicability of a political discussion of guilt and
democracy. It appropriates psychoanalytic theory to analyse court
documents of Austrian Nazi perpetrators as well as recent public
controversies surrounding Austria's involvement in the Nazi
atrocities and ponders how the former agents of Hitlerite crimes
and contemporary Austrians have dealt with their guilt. Exposing
the defensive mechanisms that have been used to evade facing
involvement in Nazi atrocities, Leeb considers the possibilities of
breaking the cycle of negative consequences that result from the
inability to deal with guilt. Leeb shows us that only by guilt can
individuals and nations take responsibility for their past crimes,
show solidarity with the victims of crimes, and prevent the
emergence of new crimes.
When Hissene Habre, the deposed dictator of Chad, was found guilty
of crimes against humanity in 2016, it was described as 'a
watershed for human rights justice in Africa and beyond'. For the
first time, an African war criminal had been convicted on African
soil. Having followed the trial from the very beginning and
interviewed many of those involved, journalist Celeste Hicks tells
the remarkable story of how Habre was brought to justice. His
conviction followed a heroic 25 year campaign by activists and
survivors of Habre's atrocities, which succeeded despite
international indifference, opposition from Habre's allies, and
several failed attempts to bring him to trial in Europe and
elsewhere. In the face of such overwhelming odds, the conviction of
a once untouchable tyrant represents a major turning point, with
profound implications for African justice and the future of human
rights activism globally.
Is there a point to international justice? Many contend that
tribunals deliver not only justice but truth, reconciliation,
peace, democratization, and the rule of law. These are the
transitional justice ideals frequently invoked in relation to the
international hybrid tribunal in Cambodia that is trying senior
leaders of the Khmer Rouge regime for genocide and crimes against
humanity committed during the mid-to-late 1970s. In this
ground-breaking book, Alexander Hinton argues these claims are a
facade masking what is most critical: the ways in which
transitional justice is translated, experienced, and understood in
everyday life. Rather than reading the Khmer Rouge Tribunal in the
language of global justice and human rights, survivors understand
the proceedings in their own terms, including Buddhist beliefs and
on-going relationships with the spirits of the dead.
From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese
soldiers and civilians for war crimes committed during the
occupation of the Netherlands East Indies during World War II. They
also prosecuted a small number of Dutch citizens for collaborating
with their Japanese occupiers. The war crimes committed by the
Japanese against military personnel and civilians in the East
Indies were horrific, and included mass murder, murder, torture,
mistreatment of prisoners of war, and enforced prostitution.
Beginning in 1946, the Dutch convened military tribunals in various
locations in the East Indies to hear the evidence of these
atrocities and imposed sentences ranging from months and years to
death; some 25 percent of those convicted were executed for their
crimes. The difficulty arising out of gathering evidence and
conducting the trials was exacerbated by the on-going guerrilla war
between Dutch authorities and Indonesian revolutionaries and in
fact the trials ended abruptly in 1949 when 300 years of Dutch
colonial rule ended and Indonesia gained its independence. Until
the author began examining and analysing the records of trial from
these cases, no English language scholar had published a
comprehensive study of these war crimes trials. While the author
looks at the war crimes prosecutions of the Japanese in detail this
book also breaks new ground in exploring the prosecutions of Dutch
citizens alleged to have collaborated with their Japanese
occupiers. Anyone with a general interest in World War II and the
war in the Pacific, or a specific interest in war crimes and
international law, will be interested in this book.
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