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.

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.

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.

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.

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.

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.

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.

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 timely handbook offers an examination of man's history of war crimes and the parallel development of rules of war to prevent them in the future. Kosovo, Rwanda, Sierra Leone, Darfur, Auschwitz. War crimes have occurred in regions around the world and continue to this day. Although atrocities are as old as war itself, they did not become punishable crimes until the law evolved to define them as such. War Crimes, Genocide, and the Law: A Guide to the Issues examines the types of war crimes and the motivations behind them, as well as the laws that seek to control and abolish these heinous acts. Within the handbook, centuries of war crimes and genocides are analyzed and catalogued. At the same time, the author offers a history of the development of the rules of war, enabling readers to grasp the importance of such precedent-setting events as the 1946 Nuremberg Trials, and to see the gradual evolution of the laws intended to punish perpetrators and prevent future barbarism. Copies of the original humanitarian treaties: the Civil War Lieber Code, Hague Agreements, and Geneva Conventions of 1929 and 1949 Images ranging from a disturbing picture from Life magazine to war crimes photos from the U.S. Military Education and Heritage Center and photos of the Nuremberg Trials A robust bibliography designed to provide interested readers with a sweeping description of the most important sources available

Genocide results from the culmination of conflicts over identity. A group of people that feels threatened by extinction resorts to genocide as a pathologically defensive reaction. This poses a security dilemma that can only be broken by quelling the feelings of threat and fear that prompt mass violence. In order to prevent genocide, it is essential to understand the internal dynamics of identity conflict. It is also important to intervene at the early stages of identity conflict; the parties involved require external help to ease tensions.
In this volume, noted thinkers and practitioners of conflict management, who hail from ten different countries, present ideas on how to prevent identity issues from causing fear and escalating into genocide. They focus on measures for handling the internal dynamics of parties facing identity conflicts, as well as considerations for arranging external assistance. Contributors address the problem of outbidders, actors whose non-conciliatory attitudes put them in positions of leadership in their identity groups. Since political extremism and violence can signal resolve and commitment to a group cause, moderates give way to hardliners. Spoilers, who believe that peace undermines their interests and power, also play a key role in the dynamics of conflicts. Careful attention is necessary to select appropriate third parties who can pull conflicting parties off the course of conflict. The authors discuss the concepts and practices involved in changing structures and attitudes to ease tensions, as well as the measures interveners must take to work in the midst of conflicting groups.

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.

Calhoun innovatively examines how the ideology of liberal democracy influences one of the most contentious and potentially traumatic and divisive issues facing countries transitioning from authoritarian regimes to democracy: how to confront the past violations of human rights. Competing views of liberal democracy frame debates about how to confront the past and in particular how to deal with the truth of systematic human rights violations. Democratic values may not determine the precise method of dealing with the past--whether through truth commissions, lustration, or tribunals--but the very process of debate inherent in democratic theory and practice has important implications for the perceived fairness of the result. These implications are examined through a comparison of transitional justice in East Germany, Poland, and Russia. The result is a provocative integration of democratic theory and comparative politics.

Cutting-edge in its scope and approach, this unique volume offers first-person accounts of modern genocides to enable readers to more fully examine genocidal experiences and better understand the horror of such events. From the atrocities of the Holocaust to the ongoing horrors in Darfur, genocide has been a gruesome and all-too-prominent fixture of modern history. There is no better way to examine and understand these events than through the accounts of those involved. This unique collection of primary sources features 50 documents, some of which have never before been made public. These firsthand accounts-diary entries, memoirs, oral testimony, original interviews, and more-illuminate 10 genocides of the 20th and 21st centuries as they were experienced by victims, perpetrators, and bystanders. The book begins with the Herero Genocide (1904-1907) and ends with a consideration of the atrocities in Darfur. Each of the 50 documents features a brief introduction that provides basic and essential information such as who created it as well as when, where, and why. The work concludes with an analysis comprised of scholarly commentary, additional contextual information, and a list of questions that will serve as a springboard for student discussion of history and of the nature of survival in the face of evil. Examines 10 modern genocides that occurred between 1904 and 2004 Conveys the story of each genocide through primary source documents that detail historical and contemporary contexts Addresses not only the reality of modern genocides but also the consequences and impact on individuals Challenges the readers to look more carefully into the historic details of the genocide under discussion, fostering critical thinking and research Enables students and other readers to empathize more directly with the reality of massive human rights violations

In Rwanda's Genocide , Kingsley Moghalu provides an engrossing account and analysis of the international political brinkmanship embedded in the quest for international justice for Rwanda's genocide. He takes us behind the scenes to the political and strategic factors that shaped a path-breaking war crimes tribunal and demonstrates why the trials at Arusha, like Nuremberg, Tokyo, and the Hague, are more than just prosecutions of culprits, but also politics by other means. This is the first serious book on the politics of justice for Rwanda's genocide. Moghalu tells this gripping story with the authority of an insider, elegant and engaging writing, and intellectual mastery of the subject matter.

Scholars have devoted considerable energy to understanding the history of ethnic cleansing in Europe, reconstructing specific events, state policies, and the lived experiences of victims. Yet much less attention has been given to how these incidents persist in collective memory today. This volume brings together interdisciplinary case studies conducted in Central and Eastern European cities, exploring how present-day inhabitants "remember" past instances of ethnic cleansing, and how they understand the cultural heritage of groups that vanished in their wake. Together these contributions offer insights into more universal questions of collective memory and the formation of national identity.

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.

Why was there such a far-reaching consensus concerning the utopian goal of national homogeneity in the first half of the twentieth century? Ethnic cleansing is analyzed here as a result of the formation of democratic nation-states, the international order based on them, and European modernity in general. Almost all mass-scale population removals were rationally and precisely organized and carried out in cold blood, with revenge, hatred and other strong emotions playing only a minor role. This book not only considers the majority of population removals which occurred in Eastern Europe, but is also an encompassing, comparative study including Western Europe, interrogating the motivations of Western statesmen and their involvement in large-scale population removals. It also reaches beyond the European continent and considers the reverberations of colonial rule and ethnic cleansing in the former British colonies.

In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period. A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.