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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
The Turkish Republic was formed out of immense bloodshed and
carnage. During the decade leading up to the end of the Ottoman
Empire and the ascendancy of Mustafa Kemal Ataturk, virtually every
town and village throughout Anatolia was wracked by intercommunal
violence. Sorrowful Shores presents a unique, on-the-ground history
of these bloody years of social and political transformation.
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'.
Why did the Armenian genocide erupt in Turkey in 1915, only seven years after the Armenian minority achieved civil equality for the first time in the history of the Ottoman Empire? How can we explain the Rwandan genocide occurring in 1994, after decades of relative peace and even cooperation between the Hutu majority and the Tutsi minority? Addressing the question of how the risk of genocide develops over time, On the Path to Genocide contributes to a better understand why genocide occurs when it does. It provides a comprehensive and comparative historical analysis of the factors that led to the 1915 Armenian genocide and the 1994 genocide in Rwanda, using fresh sources and perspectives that yield new insights into the history of the Armenian and Rwandan peoples. Finally, it also presents new research into constraints that inhibit genocide, and how they can be utilized to attempt the prevention of genocide in the future.
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.
Drawing on the expertise of scholars from a variety of backgrounds, this anthology specifically seeks to shed light on this genocide from a multidisciplinary perspective and serve as a step for developing the future scholarship about the Sayfo.
Winner, "Publishers Weekly" Best Books of 2002, Non-Fiction "In badly constructed books, the reader doesn't care what
happens on the next page. In well-constructed books, the reader
can't wait to see what happens on the next page. This book is a
rare, third kind: The reader dreads what will happen on the next
page. Nevertheless, he feels compelled to read on. . . . McAllester
takes the reader not only along the streets where atrocities have
been committed but inside homes while they are happening. As is the
case with many good reads, the power of such scenes comes from the
order in which events are presented. First the author develops a
character, then later in the book informs you about his fate. Or
the author will describe how a family is brutalized, then
describes, almost as an aside -- in the course of a succeeding
chapter about his own adventures in war-torn Kosovo -- how he meets
a traumatized eyewitness to the previous account. In this way, the
reader becomes an observer not only of what was happening inside
Kosovo during the NATO bombardment but of what was happening to
McAllester himself and how he managed to assemble his book." "The power of McAllester's extraordinary book lies not in its
comprehensiveness or its literary polish-though there are many
brilliantly moving and perceptive passages-but in its shocking
authenticity and deep moral concern. One gets the sense that he
risked his life not simply to pursue a story, timely and important
as it was, but because of the enormity of the evil being done and
his conviction that, in a world of bland policy abstractions, what
happened in those days inside Kosovo had to be told." "McAllester powerfully concludes that a sickening mixture of
greed, ethnic hostility, and wartime nihilism has displaced the
healing power for love and reconciliation for the forseeable
future. One of the most thoughtful accounts of the conflict in
Kosovo to date conveyed with taut journalistic clarity that should
ensure the book a broad range of readers." "This account is not of the avirtual wara that Westerners saw on
their television screens but of the real effects on people who
consider the ravaged area home." "McAllester's spare, understated prose is potent as is his
exploration of the human side of geopolitics and war." "In a twist that took McAllester as much by surprise as it will
the reader, it appears that Isa Bala lived in that ill-defined
world too, a world where people make deals and concessions just to
survive another day. Perhaps he believed that through such
compromises, his family would be safe. if so, he was tragically
wrong." "Beyond the Mountains of the Damned is a gripping, if
depressing, account of what McAllester found among the ruins. . . .
There is no bravado. . . . He offers vivid thumbnail sketches of
Kosovar warriors in the field." "McAllester offers us the kind of specific detail that we need
to make other people's lives human to us. Even more importantly, he
tells us how it is to be the oppressor, or at least one of the
minions of the oppressors" For every survivor of a crime, there is a criminal who forces his way into the victim's thoughts longafter the act has been committed. Reporters weren't allowed into Kosovo during the war without the permission of the Yugoslavian government but Matthew McAllester went anyway. In Beyond the Mountains of the Damned he tells the story of Pec, Kosovo's most destroyed city and the site of the earliest and worst atrocities of the war, through the lives of two menone Serb and one Kosovar. They had known each other, and been neighbors for years before one visited tragedy on the other. With a journalist's eye for detail McAllester asks the great question of war: What kind of men could devastate an entire city, killing whole families, and feel no sense of guilt? The answer lies in the culture of gangsterism and ethnic hatred that began with the collapse of Yugoslavia. In March of 1999, the world watched thousands of Albanian refugees pour out of Kosovo, carrying stories of the terror that drove them from their homes. To Isa Bala and his family, Albanian Muslims who stayed in Pec during the NATO bombardment, the war in Kosovo was not about cruise missiles and geopolitics. It was about tiptoeing between survival and death in the town that saw the fiercest destruction, the most thorough eviction of the Albanian population and killings whose brutality demands explanation. To Nebojsa Minic and other Serb militiamen who ruled with murder, the conflict was about the exercise of power. Today they are alive and well in the new Yugoslavia. So unconcerned are they over the prospect of ever being held accountable for their crimes that they were willing to sit down over coffee after the war and discuss in detail their brief, brutal reign.
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.
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.
In July 1995, the Bosnian Serb Army commanded by General Ratko Mladic attacked the enclave of Srebrenica, a UN "safe area" since 1993, and massacred about 8,000 Bosniac men. While the responsibility for the massacre itself lays clearly with the Serb political and military leadership, the question of the responsibility of various international organizations and national authorities for the fall of the enclave is still passionately discussed, and has given rise to various rumors and conspiracy theories. Follow-up investigations by the International Criminal Tribunal for the former Yugoslavia and by several commissions have dissipated most of these rumors and contributed to a better knowledge of the Srebrenica events and the part played by the main local and international actors. This volume represents the first systematic, comparative analysis of those investigations. It brings together analyses from both the external standpoint of academics and the inside perspective of various professionals who participated directly in the inquiries, including police officers, members of parliament, high-ranking civil servants, and other experts. Evaluating how institutions establish facts and ascribe responsibilities, this volume presents a historiographical and epistemological reflection on the very possibility of writing a history of the present time.
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.
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.
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.
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.
Theodor Meron is probably the world's most important author on issues of international humanitarian law. This book is a collection of his essays on war crimes and related areas, together with a new concluding chapter, from which the book takes its title, which brings together the themes explored in the essays.
In July 1995, the Bosnian Serb Army commanded by General Ratko Mladic attacked the enclave of Srebrenica, a UN "safe area" since 1993, and massacred about 8,000 Bosniac men. While the responsibility for the massacre itself lays clearly with the Serb political and military leadership, the question of the responsibility of various international organizations and national authorities for the fall of the enclave is still passionately discussed, and has given rise to various rumors and conspiracy theories. Follow-up investigations by the International Criminal Tribunal for the former Yugoslavia and by several commissions have dissipated most of these rumors and contributed to a better knowledge of the Srebrenica events and the part played by the main local and international actors. This volume represents the first systematic, comparative analysis of those investigations. It brings together analyses from both the external standpoint of academics and the inside perspective of various professionals who participated directly in the inquiries, including police officers, members of parliament, high-ranking civil servants, and other experts. Evaluating how institutions establish facts and ascribe responsibilities, this volume presents a historiographical and epistemological reflection on the very possibility of writing a history of the present time. Isabelle Delpla is Assistant Professor of Philosophy at the University Montpellier III. Her research focuses on international ethics and justice and the relationships between philosophy and anthropology. She has conducted fieldwork in Bosnia with victim associations, Hague witnesses, and convicted war criminals. Xavier Bougarel is Researcher at the French Centre National de la Recherche Scientifique in Paris. He is currently researching the wars of the 1990s and their aftermath in the former Yugoslavia and the transformations of Islam in the post-Communist Balkans. Jean-Louis Fournel is Professor at the University of Paris VIII. His research focuses on the history of warfare, political thought, and the rhetoric of the Italian Renaissance. Between 1997 and 2001, he directed several European cooperation programs with universities in Bosnia- Herzegovina. In 1994, while the city was under siege, he co-organized the initiative for a sister relationship between his university and that of Sarajevo.
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.
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.
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. |
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