The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.

This collection of essays by Indonesian and foreign contributors offers new and highly original analyses of the mass violence in Indonesia which began in 1965 and its aftermath. Fifty years on from one the largest genocides of the twentieth century, they probe the causes, dynamics and legacies of this violence through the use of a wide range of sources and different scholarly lenses. Chapter 12 of this book is available open access under a CC BY 4.0 license at link.springer.com.

How does ideology in some states radicalise to such an extent as to become genocidal? Can the causes of radicalisation be seen as internal or external? Examining the ideological evolution in the Armenian genocide, the Holocaust and during the break up of Yugoslavia, Elisabeth Hope Murray seeks to answer these questions in this comparative work.

The diversity of Kurdish communities across the Middle East is now recognized as central to understanding both the challenges and opportunities for their representation and politics. Yet little scholarship has focused on the complexities within these different groups and the range of their experiences. This book diversifies the literature on Kurdish Studies by offering close analyses of subjects which have not been adequately researched, and in particular, by highlighting the Kurds' relationship to the Yazidis. Case studies include: the political ideas of Ehmede Xani, "the father of Kurdish nationalism"; Kurdish refugees in camps in Iraq; the perception of the Kurds by Armenians in the late Ottoman Empire and the Turks in modern Western Turkey; and the important connections and shared heritage of the Kurds and the Yazidis, especially in the aftermath of the 2014 ISIS attacks. The book comprises the leading voices in Kurdish Studies and combines in-depth empirical work with theoretical and conceptual discussions to take the debates in the field in new directions. The study is divided into three thematic sections to capture new insights into the heterogeneous aspects of Kurdish history and identity. In doing so, contributors explain why we need to pay close attention to the shifting identities and the diversity of the Kurds, and what implications this has for Middle East Studies and Minority Studies more generally.

The My Lai massacre of March 16, 1968 and the court martial of Lt. William Calley a year and a half later are among the bleakest episodes in American history and continue to provide a volatile focus for debates about the Vietnam War. Other books have exposed the facts surrounding the incident; "Facing My Lai" now examines its haunting legacy through a unique exchange of contemporary viewpoints.

This powerful book emerges from a stellar gathering of historians, military professionals, writers, mental health experts, and Vietnamese and American war veterans convened to memorialize the tragedy. The cast of prominent speakers included journalists Seymour Hersh and David Halberstam, novelist Tim O'Brien, psychiatrist Robert Jay Lifton, military prosecutor William Eckhardt, and veterans Hugh Thompson and Ron Ridenhour--the two true heroes in the My Lai story. David Anderson's reflective recasting of their presentations creates an impassioned chorus of voices that demonstrates why this tragedy remains one of the key emblems of the American experience in Vietnam.

These authors address many of the troubling questions that still persist about My Lai. Why had it been identified as a Viet Cong stronghold? What orders were the troops actually given? Why didn't someone stop the slaughter? But these questions are asked again in the hope that they might lead to a better understanding of what My Lai means for us now.

As these authors show, our nation is still trying to come to grips with the bitter legacies of the Vietnam War. A grim window into the darker side of American history (like the massacre at Wounded Knee), My Lai reminds us of humanity's baffling capacity for atrocity within the crucible of war. Facing My Lai does not allow us to forget or hide from such horrors, but it also seeks to heal the deep wounds inflicted by the war. Its unflinching look at the past ultimately leads us away from darkness and towards a more enlightened understanding of a war that in many ways is not over yet.

This volume focuses on the impact of the Armenian Genocide on different academic disciplines at the crossroads of the centennial commemorations of the Genocide. Its interdisciplinary nature offers the opportunity to analyze the Genocide from different angles using the lens of several fields of study.

How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.

Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

Although more than 40 years have passed since the end of World War II, the subject of Nazi war criminals remains a timely and emotionally charged topic of interest to scholars as well as the general public. Administered jointly by the four major Allies, the Nuremberg trial of Hermann Goering and Joachim von Ribbentrop, among other Nazi leaders, has drawn much attention over the years. It was the U.S. Army, however, which was most active in bringing Nazi war criminals to justice and, between 1944 and 1947, the army prosecuted 1,672 individuals for violations of the laws of war. Most of the army's trials remained obscure and little-noticed, even though they dealt with almost 90 percent of all defendants in the American zone. This study examines the treatment of prominent and lesser-known war criminals in the U.S. Zone of Occupation, covering both the trial and clemency aspects of the American war crimes program. In addition, it also explores the relationship between the war criminals issue and U.S. efforts to democratize the Germans, German nationalism, U.S. constitutional issues, the cold war and German rearmament in the 1950s. Finally, the study analyzes the extent to which the U.S. Army war crimes program achieved its stated goals. Based on unpublished sources from both the United States and West Germany, many of which have only recently been declassified, this book provides fresh insight on Nazi war criminals and their treatment, as well as important issues relating to post-war Germany. This book will be of special interest to scholars and historians specializing in European and modern history, post-war Germany, U.S. foreign relations since World War II, the Holocaust, and U.S.military justice and war criminals.

This title recounts the massacre at Sant'Anna di Stazzema and examines its after effects. During the Nazi occupation of Italy, SS officers were charged with destroying anti-Fascist and anti-Nazi partisans. Paolo Pezzino not only reconstructs the events, but deals with the 'forgetting' of the massacre.

Is it possible that the soldiers of mass atrocities-Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example-act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.

The tools of reason offer the best hope for the international community to confront the increasing incidents of hate throughout the world. A historically informed, normative examination of the elements of the crime of genocide provides an excellent case study of how the law, reason's handmaiden, enhances understanding and improves practical ways of dealing with global injustices. How should we confront hate? As political activists, we could resort to fighting hate with hate. As concerned citizens, we could consciously ignore or actively protest hate. As committed educators, we could put the implements and survivors of hate on display. As committed scholars, we could resuscitate the idea of evil. As humanitarian jurists, we could put individual hate-mongers on trial. Part I of this book makes a case for making the maximum use of reason to deal with hate. This means that we should actively debate those who promote hate. Further, as a close look at the history of applying law to incidents of hate and violence illustrates, the courtroom proves to be an excellent place to demonstrate the virtues of applying the tools of reason, not to global evils, but to the grave injustices of the world. In Part II, Simon demonstrates the power of legal analysis in enhancing our understanding of genocide, probably the worst injustice imaginable. A close examination of each purported element of the crime of genocide redirects misguided turns taken by international jurists. Contrary to a more realistic perspective adopted at the Nuremberg trials, jurists have mistakenly modeled international criminal law on national criminal law, which focuses on individual responsibility. However, the cases of grave injustices throughout the 20th century amply demonstrate the primary collective responsibility underlying incidences of genocide. The failure to prosecute criminal organizations for genocide has and will continue to have disastrous results. While the Nuremberg tribunal at least disbanded the responsible Nazi organizations, current war crimes tribunals have allowed organizations responsible for the Rwandan genocide to continue to wreak havoc throughout Central Africa. If the international community cannot forge a common understanding of genocide, then it has little hope of establishing an international legal order or a global ethics.

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

This accessible book examines poisoning in various contexts of international conflict. It explores the modern-day use of poison in warfare, terrorism, assassination, mass suicide, serial poisoning within healthcare, and as capital punishment. It examines a broad range of international cases from the Americas, Europe, Japan, India and more in relation to Situational Crime Prevention and its theoretical precursors, in order to explore potential prevention strategies and the ways in which perpetrators circumvent them. Case studies include analysis of attempts on the lives of Sergei and Yulia Skripal, the Tokyo subway attacks, the crimes of Dr. Harold Shipman and the Heaven's Gate and Jonestown cults. For each, the means, motive, opportunity, location, and perpetrator-victim relationship is examined. This accessible book speaks to students of criminology and those interested in penology, careers in criminal justice, homicide detectives, anti-terrorism personnel, forensic pathologists and toxicologists.

Founded in 2000, the German Foundation "Remembrance, Responsibility and Future" is one of the largest transitional justice initiatives in history: in cooperation with its international partner organizations, it has to date paid over 4 billion euros to nearly 1.7 million survivors of forced labour during the Nazi Era. This volume provides an unparalleled look at the Foundation's creation, operations, and prospects after nearly two decades of existence, with valuable insights not just for historians but for a range of scholars, professionals, and others involved in human rights and reconciliation efforts.

This book is the first comprehensive biography of Lemkin based on his papers. It highlights the role of culture in Lemkin's campaign for a Genocide convention and his use of the concept in historical research. It throws fresh light on the attempt by the British government to block the convention. This book is the first complete biography of Raphael Lemkin, the father of the United Nations Genocide Convention, based on his papers; and shows how his campaign for an international treaty succeeded. In addition, the book covers Lemkin's inauguration of the historical study of past genocides.

In 1947 German Field Marshal Albert Kesselring was tried and convicted of war crimes committed during World War II. He was held responsible for his troops having executed nearly 9,000 Italian citizens--women, children, elderly men--in retaliation for partisan attacks. His conviction, however, created a real dilemma for the United States and western Europe. While some sought the harshest punishments available for anyone who had participated in the war crimes of the Nazi regime, others believed that the repatriation of alleged war criminals would help secure the allegiance of a rearmed West Germany in the dangerous new Cold War against the Soviet Union.

Kerstin von Lingen's close analysis of the Kesselring case reveals for the first time how a network of veterans, lawyers, and German sympathizers in Britain and America achieved the commutation of Kesselring's death sentence and his eventual release--reinforcing German popular conceptions that he had been innocent all along and that the Wehrmacht had fought a "clean war" in Italy. Synthesizing the work of contemporary German and Italian historians with her own exhaustive archival research, she shows that Kesselring bore much greater guilt for civilian deaths than had been proven in court--and that the war on the southern front had been far from clean.

Von Lingen weaves together strands of the story as diverse as Winston Churchill's ability to mobilize support among British elites, Basil Liddell Hart's need to be recognized as an important military thinker, and the Cold War fears of the "Senators' Circle" in the United States. Through this rich narrative, she shows how international politics shaped the trial's proceedings and outcome--as well as the memory and meaning of the war for German citizens--and sheds new light on the complex interplay between the combatants' efforts to "master the past" and the threatening state of international relations in the early Cold War.

In analyzing the efforts to clear Kesselring's name, von Lingen shows that the case was about much more than the fate of one convicted individual; it also underscored the pressure to wrap up the war crimes issue--and German guilt--in order to get on with the business of bringing a rearmed Germany into the Western alliance. Kesselring's Last Battle sheds new light on the "politics of memory" by unraveling a twisted thread in postwar history as it shows how historical truth is sometimes sacrificed on the altar of expediency.

Social psychologist James Waller uncovers the internal and external factors that can lead ordinary people to commit extraordinary acts of evil. Waller offers a sophisticated and comprehensive psychological view of how anyone can potentially participate in heinous crimes against humanity. He
outlines the evolutionary forces that shape human nature, the individual dispositions that are more likely to engage in acts of evil, and the context of cruelty in which these extraordinary acts can emerge. Eyewitness accounts are presented at the end of each chapter. In this second edition, Waller
has revised and updated eyewitness accounts and substantially reworked Part II of the book, removing the chapter about human nature and evolutionary adaptations, and instead using this evolutionary perspective as a base for his entire model of human evil.

The Routledge History of Genocide takes an interdisciplinary yet historically focused look at history from the Iron Age to the recent past to examine episodes of extreme violence that could be interpreted as genocidal. Approaching the subject in a sensitive, inclusive and respectful way, each chapter is a newly commissioned piece covering a range of opinions and perspectives. The topics discussed are broad in variety and include: genocide and the end of the Ottoman Empire Stalin and the Soviet Union Iron Age warfare genocide and religion Japanese military brutality during the Second World War heritage and how we remember the past. The volume is global in scope, something of increasing importance in the study of genocide. Presenting genocide as an extremely diverse phenomenon, this book is a wide-ranging and in-depth view of the field that will be valuable for all those interested in the historical context of genocide.

In June 1998, diplomats met in Rome to draft the Statute of an International Criminal Court. Based on the precedents of the Nuremberg and Tokyo Tribunals and of the War Crimes Tribunals for Former Yugoslavia and Rwanda, the new Court will judge individuals, not States. Unpunished mass slaughters have occurred in many countries. National justice is often ineffective. Truth and reconciliation commissions complement but do not replace justice. International 'Peoples' Tribunals have no international legitimacy. It is hoped that a permanent, international criminal court may combat impunity and deter more crimes.

The final years of the Ottoman Empire were catastrophic ones for its non-Turkish, non-Muslim minorities. From 1913 to 1923, its rulers deported, killed, or otherwise persecuted staggering numbers of citizens in an attempt to preserve "Turkey for the Turks," setting a modern precedent for how a regime can commit genocide in pursuit of political ends while largely escaping accountability. While this brutal history is most widely known in the case of the Armenian genocide, few appreciate the extent to which the Empire's Assyrian and Greek subjects suffered and died under similar policies. This comprehensive volume is the first to broadly examine the genocides of the Armenians, Assyrians, and Greeks in comparative fashion, analyzing the similarities and differences among them and giving crucial context to present-day calls for recognition.