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.

In 1963, West Germany was gripped by a dramatic trial of former guards who had worked at the Nazi death camp Auschwitz. It was the largest and most public trial to take place in the country and attracted international attention. Using the pretrial files and extensive trial audiotapes, Rebecca Wittmann offers a fascinating reinterpretation of Germany's first major attempt to confront its past. Evoking the courtroom atmosphere, Wittmann vividly recounts the testimony of survivors, former SS officers, and defendants-a cross-section of the camp population. Attorney General Fritz Bauer made an extraordinary effort to put the entire Auschwitz complex on trial, but constrained by West German murder laws, the prosecution had to resort to standards for illegal behavior that echoed the laws of the Third Reich. This provided a legitimacy to the Nazi state. Only those who exceeded direct orders were convicted of murder. This shocking ruling was reflected in the press coverage, which focused on only the most sadistic and brutal crimes, allowing the real atrocity at Auschwitz-mass murder in the gas chambers-to be relegated to the background. The Auschwitz trial had a paradoxical result. Although the prosecution succeeded in exposing SS crimes at the camp for the first time, the public absorbed a distorted representation of the criminality of the camp system. The Auschwitz trial ensured that rather than coming to terms with their Nazi past, Germans managed to delay a true reckoning with the horror of the Holocaust.

In myriad ways, each narrator's life has been shaped by loss, injustice, and resilience-and by the struggle of how to share space with settler nations whose essential aim is to take all that is Indigenous. Hear from Jasilyn Charger, one of the first five people to set up camp at Standing Rock, which kickstarted a movement of Water Protectors that roused the world; Gladys Radek, a survivor of sexual violence whose niece disappeared along Canada's Highway of Tears, who became a family advocate for the National Inquiry into Missing and Murdered Indigenous Women and Girls; and Marian Naranjo, herself the subject of a secret radiation test while in high school, who went on to drive Santa Clara Pueblo toward compiling an environmental impact statement on the consequences of living next to Los Alamos National Laboratory. Theirs are stories shaped by loss, injustice, resilience, and the struggle to share space with settler nations.

A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

The Khmer Rouge revolution turned Cambodia into grisly killing fields, as the Pol Pot regime murdered or starved to death a million and a half of Cambodia's eight million inhabitants. This book--the first comprehensive study of the Pol Pot regime--describes the violent origins, social context, and course of the revolution, providing a new answer to the question of why a group of Cambodian intellectuals imposed genocide on their own country.
Ben Kiernan draws on more than five hundred interviews with Cambodian refugees, survivors, and defectors, as well as on a rich collection of previously unexplored archival material from the Pol Pot regime (including Pol Pot's secret speeches). He recounts how in the first few days after Cambodia became Democratic Kampuchea in 1975, authorities evacuated all cities, closed hospitals, schools, monasteries, and factories, and abolished the use of money. For nearly four years, the country was a prison-camp state, the countryside was "cleansed" of minorities, and a savage war was fought against Vietnam. Exploring the nature of the regime that enforced such a revolution, Kiernan shows that its atrocities--the widespread massacres, forced assimilation of minorities, and foreign alliances and wars--can be explained by its ideological preoccupation with racist and totalitarian policies. Kiernan concludes with a description of the resistance movements that sprang up and the destruction of the regime by Vietnamese forces in 1979.

Following times of great conflict and tragedy, many countries implement programs and policies of transitional justice, none more extensive than in post-genocide Rwanda. Placing Rwanda's transitional justice initiatives in their historical and political context, this book examines the project undertaken by the post-genocide government to shape the collective memory of the Rwandan population, both through political and judicial reforms but also in public commemorations and memorials. Drawing on over two decades of field research in Rwanda, Longman uses surveys and comparative local case studies to explore Rwanda's response both at a governmental and local level. He argues that despite good intentions and important innovations, Rwanda's authoritarian political context has hindered the ability of transnational justice to bring the radical social and political transformations that its advocates hoped. Moreover, it continues to heighten the political and economic inequalities that underline ethnic divisions and are an important ongoing barrier to reconciliation.

Selected as a Book of the Year in 2017 in the Scottish Herald 'The beauty of the prose is in contrast with the horror anticipated by this superbly subtle narrative' Kapka Kassabova In 1971, on a routine outing through the Cambodian countryside, the young French ethnologist Fran-ois Bizot is captured by the Khmer Rouge. Accused of being an agent of 'American imperialism', he is chained and imprisoned. His captor, Douch - later responsible for tens of thousands of deaths - interrogates him at length; after three months of torturous deliberation, during which his every word was weighed and his life hung in the balance, he was released. Four years later, the Khmer Rouge entered Phnom Penh. Fran-ois Bizot became the official intermediary between the ruthless conqueror and the terrified refugees behind the gate of the French embassy: a ringside seat to one of history's most appalling genocides. Written thirty years later, Fran-ois Bizot's memoir of his horrific experiences in the 'killing fields' of Cambodia is, in the words of John le Carr-, a 'contemporary classic'.

Rape is common during wartime, but even within the context of the same war, some armed groups perpetrate rape on a massive scale while others never do. In Rape during Civil War Dara Kay Cohen examines variation in the severity and perpetrators of rape using an original dataset of reported rape during all major civil wars from 1980 to 2012. Cohen also conducted extensive fieldwork, including interviews with perpetrators of wartime rape, in three postconflict counties, finding that rape was widespread in the civil wars of the Sierra Leone and Timor-Leste but was far less common during El Salvador's civil war.Cohen argues that armed groups that recruit their fighters through the random abduction of strangers use rape-and especially gang rape-to create bonds of loyalty and trust between soldiers. The statistical evidence confirms that armed groups that recruit using abduction are more likely to perpetrate rape than are groups that use voluntary methods, even controlling for other confounding factors. Important findings from the fieldwork-across cases-include that rape, even when it occurs on a massive scale, rarely seems to be directly ordered. Instead, former fighters describe participating in rape as a violent socialization practice that served to cut ties with fighters' past lives and to signal their commitment to their new groups. Results from the book lay the groundwork for the systematic analysis of an understudied form of civilian abuse. The book will also be useful to policymakers and organizations seeking to understand and to mitigate the horrors of wartime rape.

Why is it that men and boys have been and still are violated in human conflict, be it in conventional war, insurgencies or periods of civil and ethnic strife? Above all, why, throughout history, have victims, perpetrators and society as a whole refused to acknowledge this violation, and why do episodes of male-on-male rape and sexual abuse feature so rarely in accounts of war, be they official histories, eye-witness ac- counts or popular narratives? Is there more to this elision of memory than simply shame? Is there more to it than the victor's desire to violate the enemy body? Amalendu Misra's startlingly original re- search into male sexual violence explores the meaning and role of the male body prior to its abuse and how it is altered by violation in war- time. He examines the bio-political contexts of conflict in which primarily men and occasion- ally women sexually violate men; he details the inadequate legal safeguards for survivors of such events; and in unearthing and analysing an ignored aspect of war, he inquires whether such violence can ever be deterred.

Halima Bashir was born into the remote western deserts of Sudan. She grew up in a wonderfully rich environment and later went on to study medicine. At the age of twenty-four she returned to her tribe and began practising as their first ever qualified doctor. But then a dark cloud descended upon her people... Janjaweed Arab militias began savagely assaulting her people. At first, Halima tried not to get involved. But in January 2004 they attacked people in her village. Halima treated the traumatised victims and was sickened by what she saw. She decided to speak out in a Sudanese newspaper and to the UN charities. Then the secret police came for her. For days Halima was interrogated and subjected to unspeakable torture. She finally escaped but the nightmare just seemed to follow her... This inspiring story tells of one woman's determination to survive and her passion to defend her people. For the first time, we can truly understand the personal horrors of Darfur from someone who lived through it.

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milosević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague.

Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law; local justice and cosmopolitan reckoning; collective guilt and individual responsibility; and between the instinct that war, at worst, is an error, and the conviction that war is a crime.

Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.

Studies of genocide and mass atrocity most often focus on their causes and consequences, their aims and effects, and the number of people killed. But the question remains, if the main goal is death, then why is torture necessary? This book argues that genocide and mass atrocity are committed not as an end in themselves but as a means to pursue sustained and systemic torture - the spectacle of violence - against its victims. Extermination is not the only, or even the primary, goal of genocidal campaigns. In The Macabresque, Edward Weisband looks at different episodes of mass violence (Chinese Cultural Revolution, the Holocaust, post-Ottoman Turkey, Cambodia, Rwanda, and Bosnia, among other instances) to consider why different methods of violence were used in each and how they related to the particular cultural milieu in which they were perpetrated. He asserts that it is not accidental that certain images capture our memory as emblematic of specific genocides or mass atrocities (the death marches of the Armenian genocide, mass starvation in the Ukraine, the killing apparatus and laboratories of the Holocaust, the killing fields of Cambodia) because such violence assumes a kind of style each time and place it arises. Weisband looks at these variations in terms of their aesthetic or dramaturgical style, or what he calls the macabresque. The macabresque is ever present in genocide and mass atrocity across time, place and episode. Beyond the horrors of lethality, it is the defining feature of concentration and/or death camps, detention centers, prisons, ghettos, killing fields, and the houses, schools and hospitals converted into hubs for torture. Macabresque dramaturgy also assumes many aesthetic forms, all designed to inflict hideous pain and humiliating punishments, sometimes in controlled environments, but also during frenzied moments of staged public horror. These kinds of performative violations permit perpetrators to revel in their absolute power but simultaneously to project hatred, revenge and revulsion onto victims, who embody the shame, humiliation and loss felt by their torturers. By understanding how and why mass violence occurs and the reasons for its variations, The Macabresque aims to explain why so many seemingly normal or "ordinary" people participate in mass atrocity across cultures and why such egregious violence occurs repeatedly through history.

In contrast to past studies that focus narrowly on war and massacre, treat Native peoples as victims, and consign violence safely to the past, this interdisciplinary collection of essays opens up important new perspectives. While recognizing the long history of genocidal violence against Indigenous peoples, the contributors emphasize the agency of individuals and communities in genocide's aftermath and provide historical and contemporary examples of activism, resistance, identity formation, historical memory, resilience, and healing. The collection also expands the scope of violence by examining the eyewitness testimony of women and children who survived violence, the role of Indigenous self-determination and governance in inciting violence against women, and settler colonialism's promotion of cultural erasure and environmental destruction.By including contributions on Indigenous peoples in the United States, Canada, the Pacific, Greenland, SApmi, and Latin America, the volume breaks down nation-state and European imperial boundaries to show the value of global Indigenous frameworks. Connecting the past to the present, this book confronts violence as an ongoing problem and identifies projects that mitigate and push back against it.

Set in the South and Southeast Region, this book attempts to analyse the implications of both genocides perpetrated on the unarmed Rohingya minority community in Myanmar, and the geopolitics of the powers of the region that deter the resolution of this festering problem. The book highlights the helplessness of the UN system to take any punitive actions against the perpetrators (ie: the security forces of Myanmar) given that China, India and Russia, who are taking the side of Myanmar for geopolitical reasons. They have exercised their vetoes at the UNSC to such an action. The book describes the key players in this region, their interests, compulsions and imperatives, and covers different strategies launched by the United States, China, India, Japan, Bangladesh, and Myanmar that tend to stall the resolution of the process or even refusing to take back the Rohingya refugees -- 1.1 million of them including children and women -- now languishing in the cramped camps inside Bangladesh. Most of these refugees were forced to flee their ancestral homes after a ghastly genocide meted out to them in October 2017. Such massacres have been taking place in a series of violence starting from 1977-8. This issue has huge regional security implications. The ugly heads of insurgency are also looming large. This has turned out to be a huge burden on the economy and environment of Bangladesh. However, different donor agencies including UNHCR are providing relief and rehabilitation. The author provides ramifications and reflections in the form of scenario development and suggesting certain options -- uniqueness of this book -- on this festering humanitarian issue.

Global Predator is a damning account of the atrocities committed by invading US armed forces, from the 1846 war on Mexico to the recent wars on Iraq. In between are chapters on the Spanish and Philippines War, the World Wars, Korea, and Vietnam, plus appendices on other incursions. As he marshals the facts for a contrarian view of US history, author Stewart Halsey Ross is angered by a persistent pattern of brutality, jingoism and hypocrisy he finds behind America's mask of "Manifest Destiny" - yet he notes the great reluctance of the American people to enter into five of these eight wars. Ross (d. 2010) was an expert on military affairs. His earlier book published by Progressive Press, Propaganda for War, tells how Woodrow Wilson and the British twisted the truth to get the US into the Great War.

Every year, hundreds of thousands of women become victims of sexual violence in conflict zones around the world; in the Democratic Republic of Congo alone, approximately 1,100 rapes are reported each month. This book offers a comprehensive analysis of the causes, consequences and responses to sexual violence in contemporary armed conflict. It explores the function and effect of wartime sexual violence and examines the conditions that make women and girls most vulnerable to these acts both before, during and after conflict. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity. Difficult questions of accountability are tackled; in particular, the case of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities. The book concludes by looking at strategies of prevention and protection as well as new programs being set up on the ground to support the rehabilitation of survivors and their communities. Sexual violence in war has long been a taboo subject but, as this book shows, new and courageous steps are at last being taken o at both local and international level - to end what has been called the "greatest silence in history."

A poet's memoir of his mother that flows backwards through time, through a tumultuous period of European history - a tender and yet unsparing autobiographical journey. **A RADIO 4 BOOK OF THE WEEK** "A truly remarkable book . . . fiercely compelling" EDMUND DE WAAL *WINNER OF THE JAMES TAIT BLACK MEMORIAL PRIZE* *SHORTLISTED FOR THE JEWISH WINGATE PRIZE* "I've read no memoir that moved me more" MIRANDA SEYMOUR "The writing is always scrupulous . . . [a] compelling memoir" BLAKE MORRISON "Beautifully written and utterly compelling" Sunday Times "An original, probingly thoughtful memoir" EVA HOFFMANN In July 1975, Magda Szirtes died in the ambulance on the way to hospital after she had tried to take her own life. She was fifty-one years old. The Photographer at Sixteen spools into the past, through her exile in England, her flight with her husband and two young boys from Hungary in 1956 and her time in two concentration camps, her girlhood as an ambitious photographer, and the unknowable fate of her vanished family in Transylvania. The woman who emerges - with all her contradictions - is utterly captivating. What were the terrors and obsessions that drove her? The Photographer at Sixteen reveals a life from the depths of its final days to the comparable safety of its childhood. It is a book born of curiosity, of guilt and of love.

In this viscerally intense, ethnographically based work, Claudia Seymour relates the heart-wrenching stories of young people in the Democratic Republic of Congo-young people who live on the front lines of conflict, in neighborhoods and villages destroyed by war, and on the streets in conditions of poverty and destitution. Seymour, a former child protection adviser and human rights investigator for the United Nations, chronicles her personal journey, which begins with the will to do good yet ends with the realization of how international aid can contribute to greater harm than good. The idea of protection and universalized human rights is turned on its head as Seymour uncovers the complicities and hypocrisies of the aid world. In the promotion of "inalienable human rights," aid organizations ignore the complex historical and socioeconomic dynamics that lead to the violations of such rights. Offering a new perspective, The Myth of International Protection reframes how the world sees the DRC and urges global audiences to consider their own roles in fueling the DRC's seemingly endless violence.

The humanitarian tragedy in Darfur has stirred politicians, Hollywood celebrities and students to appeal for a peaceful resolution to the crisis. Beyond the horrific pictures of sprawling refugee camps and lurid accounts of rape and murder lies a complex history steeped in religion, politics, and decades of internal unrest.
"Darfur" traces the origins, organization and ideology of the infamous Janjawiid and other rebel groups, including the Sudan Liberation Army and the Justice and Equality Movement. It also analyzes the confused responses of the Sudanese government and African Union. This thoroughly updated edition also features a powerful analysis of how the conflict has been received in the international community and the varied attempts at peacekeeping.

Genocide is a phenomenon that continues to confound scholars, practitioners, and general readers. Notwithstanding the carnage of the twentieth century, our understanding of genocide remains partial. Disciplinary boundaries have inhibited integrative studies and popular, moralizing accounts have hindered comprehension by advancing simple truths in an area where none are to be had. Genocide: A Reader lays the foundations for an improved understanding of genocide. With the help of 150 essential contributions, Jens Meierhenrich provides a unique introduction to the myriad dimensions of genocide and to the breadth and range of critical thinking that exists concerning it. This innovative anthology offers genre-defining as well as genre-bending selections from diverse disciplines in law, the social sciences, and the humanities as well as from other fields. A wide-ranging introductory chapter on the study and history of genocide accompanies the carefully curated and annotated collection. By revisiting the past of genocide studies and imagining its future, Genocide: A Reader is an indispensable resource for novices and specialists alike.

Crimes in Archival Form explores the many ways in which human rights "facts" are produced rather than found. Using Myanmar as his case study, Ken MacLean examines the fact-finding practices of a human rights group, two cross-border humanitarian agencies, an international law clinic, and a global NGO-led campaign. Foregrounding fact-finding, in critical yet constructive ways, prompts long overdue conversations about the possibilities and limits of human rights documentation as a mode of truth-seeking. Such conversations are particularly urgent in an era when the perpetrators of large-scale human rights violations exploit misinformation, weaponize disinformation, and employ outright falsehoods, including deepfakes, to undermine the credibility of those who document abuses and demand accountability in the court of public opinion and in courts of law. MacLean compels practitioners and scholars alike to be more transparent about how human rights "fact" production works, why it is important, and when its use should prompt concern.