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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
Since the mid-nineteenth-century abolition of slavery, the call for reparations for the crime of African enslavement and native genocide has been growing. In the Caribbean, grassroots and official voices now constitute a regional reparations movement. While it remains a fractured, contentious and divisive call, it generates considerable public interest, especially within sections of the community that are concerned with issues of social justice, equity, civil and human rights, education, and cultural identity. The reparations discourse has been shaped by the voices from these fields as they seek to build a future upon the settlement of historical crimes. This is the first scholarly work that looks comprehensively at the reparations discussion in the Caribbean. Written by a leading economic historian of the region, a seasoned activist in the wider movement for social justice and advocacy of historical truth, Britain's Black Debt looks at the origins and development of reparations as a regional and international process. Weaving together detailed historical data on Caribbean slavery and the transatlantic slave trade with legal principles and the politics of postcolonialism, the author sets out a solid academic analysis of the evidence. He concludes that Britain has a case of reparations to answer which the Caribbean should litigate. The presentation of rich empirical historical data on Britain's transatlantic slave economy and society supports the legal claim that chattel slavery as established by the British state and sustained by citizens and governments was understood then as a crime, but political and moral outrage were silenced by the argument that the enslavement of black people was in Britain's national interest. International law provides that chattel slavery as practised by Britain was a crime against humanity. Slavery was invested in by the royal family, the government, the established church, most elite families, and large public institutions in the private and public sector. Citing the legal principles of unjust and criminal enrichment, the author presents a compelling argument for Britain's payment of its black debt, a debt that it continues to deny in the face of overwhelming evidence to the contrary. Britain's Black Debt brings together the evidence and arguments that the general public and expert policymakers have long called for. It is at once an exciting narration of Britain's dominance of the slave markets that enriched the economy and a seminal conceptual journey into the hidden politics and public posturing of leaders on both sides of the Atlantic. No work of this kind has ever been attempted. No author has had the diversity of historical research skills, national and international political involvement, and personal engagement as an activist to present such a complex yet accessible work of scholarship for both activists and academics.
In the second half of the nineteenth century, the Euro-American
citizenry of California carried out mass genocide against the
Native population of their state, using the processes and
mechanisms of democracy to secure land and resources for themselves
and their private interests. The murder, rape, and enslavement of
thousands of Native people were legitimized by notions of
democracy--in this case mob rule--through a discreetly organized
and brutally effective series of petitions, referenda, town hall
meetings, and votes at every level of California government.
Genocide, State Crime and the Law critically explores the use and role of law in the perpetration, redress and prevention of mass harm by the state. In this broad ranging book, Jennifer Balint charts the place of law in the perpetration of genocide and other crimes of the state together with its role in redress and in the process of reconstruction and reconciliation, considering law in its social and political context. The book argues for a new approach to these crimes perpetrated 'in the name of the state' - that we understand them as crimes against humanity with particular institutional dimensions that law must address to be effective in accountability and as a basis for restoration. Focusing on seven instances of state crime - the genocide of the Armenians by the Ottoman state, the Holocaust and Nazi Germany, Cambodia under the Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and the Dergue, the genocide in Rwanda, and the conflict in the former Yugoslavia - and drawing on others, the book shows how law is companion and collaborator in these acts of nation-building by the state, and the limits and potentials of law's constitutive role in post-conflict reconstruction. It considers how law can be a partner in destruction yet also provide a space for justice. An important, and indeed vital, contribution to the growing interest and literature in the area of genocide and post-conflict studies, Genocide, State Crime and the Law will be of considerable value to those concerned with law's ability to be a force for good in the wake of harm and atrocity.
The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects. This book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice. This ground-breaking book is essential reading for anyone committed to truly emboldening the rights of the child. It offers a way to think about child soldiers that would invigorate international law, policy, and best practices. Where does this reimagination lead? Not toward retributive criminal trials, but instead toward restorative forms of justice. Toward forgiveness instead of excuse, thereby facilitating reintegration and promoting social repair within afflicted communities. Toward a better understanding of child soldiering, without which the practice cannot be ended. This book also offers fresh thinking on related issues, ranging from juvenile justice, to humanitarian interventions, to the universality of human rights, to the role of law in responding to mass atrocity.
An allAfrica.com 2011 New & Notable Book In 1998 David Kruiper, the leader of the Khomani San who today live in the Kalahari Desert in South Africa, lamented, "We have been made into nothing." His comment applies equally to the fate of all the hunter- gatherer societies of the Cape Colony who were destroyed by the impact of European colonialism. Until relatively recently, the extermination of the Cape San peoples has been treated as little more than a footnote to South African narratives of colonial conquest. During the eighteenth and nineteenth centuries, Dutch-speaking pastoralists who infiltrated the Cape interior dispossessed its aboriginal inhabitants. In response to indigenous resistance, colonists formed mounted militia units known as commandos with the express purpose of destroying San bands. This ensured the virtual extinction of the Cape San peoples. In The Anatomy of a South African Genocide, Mohamed Adhikari examines the history of the San and persuasively presents the annihilation of Cape San society as genocide.
This is a book about a terrible spate of mass violence. It is also about a rare success in bringing such violence to an end. ""If You Leave Us Here, We Will Die"" tells the story of East Timor, a half-island that suffered genocide after Indonesia invaded in 1975, and which was again laid to waste after the population voted for independence from Indonesia in 1999. Before international forces intervened, more than half the population had been displaced and 1,500 people killed. Geoffrey Robinson, an expert in Southeast Asian history, was in East Timor with the United Nations in 1999 and provides a gripping first-person account of the violence, as well as a rigorous assessment of the politics and history behind it. Robinson debunks claims that the militias committing the violence in East Timor acted spontaneously, attributing their actions instead to the calculation of Indonesian leaders, and to a "culture of terror" within the Indonesian army. He argues that major powers--notably the United States, Australia, and the United Kingdom--were complicit in the genocide of the late 1970s and the violence of 1999. At the same time, Robinson stresses that armed intervention supported by those powers in late 1999 was vital in averting a second genocide. Advocating accountability, the book chronicles the failure to bring those responsible for the violence to justice. A riveting narrative filled with personal observations, documentary evidence, and eyewitness accounts, ""If You Leave Us Here, We Will Die"" engages essential questions about political violence, international humanitarian intervention, genocide, and transitional justice.
A New York Times Notable Book of the Year:"A magisterial and profoundly disturbing &lsquonatural history' of mass murder." Daniel Jonah Goldhagen's books are events. They stir passionate public debate among political and civic leaders, scholars, and the general public because they compel people to rethink the most powerful conventional wisdoms and stubborn moral problems of the day. Worse Than War gets to the heart of the phenomenon, genocide, that has caused more deaths in the modern world than military conflict. In doing so, it challenges fundamental things we thought we knew about human beings, society, and politics. Drawing on extensive field work and research from around the world, Goldhagen explores the anatomy of genocide- explaining why genocides begin, are sustained, and end why societies support them, why they happen so frequently and how the international community should and can successfully stop them. As a great book should, Worse than War seeks to change the way we think and to offer new possibilities for a better world. It tells us how we might at last begin to eradicate this greatest scourge of humankind.
In After Genocide, leading scholars and practitioners analyse the political, legal and regional impact of events in post-genocide Rwanda within the broader themes of transitional justice and reconciliation. Given the forthcoming fifteenth anniversary of the Rwandan genocide, and continued mass violence in Africa, especially in Darfur, the Democratic Republic of Congo (DRC) and northern Uganda, this volume is unquestionably of continuing relevance. The book includes chapters from leading scholars in this field, including William Schabas, Rene Lemarchand, Linda Melvern, Kalypso Nicolaidis and Jennifer Welsh along with senior government and non-government officials involved in matters related to Rwanda and transitional justice, including Hassan Bubacar Jallow (Chief Prosecutor of the ICTR), Martin Ngoga (Prosecutor General of the Republic of Rwanda) and Luis Moreno Ocampo, Prosecutor of the ICC.Because Rwandan voices have rarely been heard internationally in the aftermath of the genocide, this anthology also incorporates chapters from Rwandan academics and practitioners, such as Tom Ndahiro, Solomon Nsabiyera Gasana and Jean-Baptiste Kayigamba, all of whom are also survivors of the 1994 genocide, and draws on their personal experiences. After Genocide constitutes the most comprehensive survey to date of issues related to post-genocide Rwanda and transitional justice.
This book is a facsimile reprint and may contain imperfections such as marks, notations, marginalia and flawed pages.
Genocide and Political Groups provides a comprehensive examination
of the crime of genocide in connection with political groups. It
offers a detailed empirical study of the current status of
political groups under customary international law, as well as a
comprehensive theoretical analysis of whether political genocide
should be recognized as a separate crime by the international
community.
On April 28, 2004, "60 Minutes II" broadcast the now-infamous photos of prisoner abuse by American soldiers at Abu Ghraib. The news quickly spread worldwide, undermining the U.S. presence in Iraq.Despite several Department of Defense investigations and eleven courts-martial convictions, important questions remain about the events at Abu Ghraib. Who are these soldiers? How involved were top administration officials and army generals in the abuses? Were the soldiers simply following orders? Do these photographs depict a new American interrogation policy? Christopher Graveline and Michael Clemens provide the answers.No one has investigated the true story behind the events at Abu Ghraib as thoroughly as the authors. Only six people had complete knowledge of the Abu Ghraib investigation and prosecutions; Graveline and Clemens are two of them. They give readers unprecedented access to the inner workings of the investigation leading to the trials of PFC Lynndie England, Cpl. Charles Graner, and others. Complete with actual arguments of counsel, testimony, and evidence, this groundbreaking book puts the reader in the middle of the investigation and the subsequent trials, revealing one of the darker episodes in American military history.
Though the world was stunned by the horrific massacres of Tutsi by
the Hutu majority in Rwanda beginning in April 1994, there has been
little coverage of the reprisals that occurred after the Tutsi
gained political power. During this time hundreds of thousands of
Hutu were systematically hunted and killed.
Part of Trilogy - April 24, 1915 this work is a translation of 25 articles written by Aram Andonian in Armenian. Andonian was commissioned to write them by the publishers of Arevmoudk for their special edition dedicated to Komitas Vartabed's 75th birthday. These articles were published in Arevmoudk during a seven month period from December 1946 to June 1947. The articles were called Komitasi hed. Inch baymannerou dag aratchatsav Komitasi mdki daknabu (With Komitas: the circumstances which precipitated his mental turmoil). As the title implied, it was intended to highlight the Armenian composer's tragedy after his arrest and during his journey to exile. But the articles had unclogged the suppressed memory of those years in the author and the few articles that had been planned turned into a series that went beyond their initial mandate and covered the circumstances of not only Komitas' fate, but also the fate of all those intellectuals who were arrested during that same fateful night.
One spring morning in the ghetto, my mother, sisters, and I went
down the steps into the cellar. Mother was holding a long tube,
which she had filled with the few pieces of jewelry she still had
from her wedding. She looked at us, her daughters, and removed the
earrings I loved so much. She dug a small hole in the ground,
wrapped the tube in numerous layers of cloth, placed it in the
earth, and we all joined in to cover the hole. "This is so you, my
dear daughters, will have something to start with when you return."
From her poverty-stricken, yet happy childhood in Hungary, when the
author was strongly influenced by her family and community's
Zionist ideology, to the hell of Auschwitz and her escape from the
Death March in the final days of war, to the tumultuous period in
Palestine before the establishment of the State of Israel, Rachel
Bernheim-Friedman's life was and is filled with passion,
determination, and a strong will to survive and build to build a
better life, a Jewish state, and a hopeful future for her children
and grandchildren. Continued in Jerusalem, Lebanon, Palestine, the
United States and Israel, Earrings in the Cellar is a story that
should not be missed.
Is the current international legal regime capable of deterring and stopping mass atrocities? Recent events in Darfur again raise this familiar question of whether international law facilitates the kind of early, decisive, and coherent action --especially with respect to military force --needed to combat genocide effectively. In this report, Matthew C. Waxman argues that an international legal regime that puts decisions about international intervention solely in the hands of the UN Security Council risks undermining the threat or use of intervention when it may be most potent in stopping mass atrocities. The features of the UN Charter that help resolve security crises peacefully make it difficult to generate the rapid action needed to deter or roll them back. Waxman urges the United States and other Security Council members to take steps to improve the responsiveness of the existing Security Council. He insists that they signal the willingness, if the UN fails to act in future mass atrocity crises, to take the necessary action to address them.
What is the appropriate political response to mass atrocity? In Hijacked Justice, Jelena Subotic traces the design, implementation, and political outcomes of institutions established to deal with the legacies of violence in the aftermath of the Yugoslav wars. She finds that international efforts to establish accountability for war crimes in the former Yugoslavia have been used to pursue very different local political goals. Responding to international pressures, Serbia, Croatia, and Bosnia have implemented various mechanisms of "transitional justice" the systematic addressing of past crimes after conflicts end. Transitional justice in the three countries, however, was guided by ulterior political motives: to get rid of domestic political opponents, to obtain international financial aid, or to gain admission to the European Union. Subotic argues that when transitional justice becomes "hijacked" for such local political strategies, it fosters domestic backlash, deepens political instability, and even creates alternative, politicized versions of history. That war crimes trials (such as those in The Hague) and truth commissions (as in South Africa) are necessary and desirable has become a staple belief among those concerned with reconstructing societies after conflict. States are now expected to deal with their violent legacies in an institutional setting rather than through blanket amnesty or victor's justice. This new expectation, however, has produced paradoxical results. In order to avoid the pitfalls of hijacked justice, Subotic argues, the international community should focus on broader and deeper social transformation of postconflict societies, instead on emphasizing only arrests of war crimes suspects."
In the last two decades, the field of comparative genocide studies has produced an increasingly rich literature on the targeting of various groups for extermination and other atrocities, throughout history and around the contemporary world. However, the phenomenon of "genocides by the oppressed," that is, retributive genocidal actions carried out by subaltern actors, has received almost no attention. The prominence in such genocides of non-state actors, combined with the perceived moral ambiguities of retributive genocide that arise in analyzing genocidal acts "from below," have so far eluded serious investigation. Genocides by the Oppressed addresses this oversight, opening the subject of subaltern genocide for exploration by scholars of genocide, ethnic conflict, and human rights. Focusing on case studies of such genocide, the contributors explore its sociological, anthropological, psychological, symbolic, and normative dimensions.
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
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