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 Based on unpublished sources from both the United States and West Germany, many of which have only recently been declassified, this book provides fresh insight on Nazi war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

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.

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

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

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

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.

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

This 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.

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

Providing a novel multi-disciplinary theorization of memory politics, this insightful Handbook brings varied literatures into a focused dialogue on the ways in which the past is remembered and how these influence transnational, interstate, and global politics in the present. With case studies from Africa, East and Southeast Asia, Europe, South America, and the United States, the Handbook focuses on the political features of historical memory in international relations. Chapters examine key concepts of memory politics, including accountability, commemoration and memorialization, the Europeanization of memory, and the politics of trauma and victimhood, as well as analyzing different sites of memory, from the human body and memorial sites to media, film, and television. It also answers essential questions such as who and what determines the relevance of the past in the present; how does memory become a political question; and what are the political effects and ethical implications of its mobilization? Exploring the links between the politics of memory, international ethics, law, and diplomacy, this stimulating Handbook will be essential reading for students and scholars of politics and international relations, cultural studies, history, and transitional justice. Its discussion of notable agents and practices of memory politics will also be beneficial for practitioners working in human rights, politics, and public policy.

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.

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

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

The Convention on the Prevention and Punishment of the Crime of Genocide was the first human rights treaty adopted by the United Nations, reflecting the global commitment to 'never again' in the wake of the Holocaust. Seven decades on, The United Nations and Genocide examines how the UN has met, and failed to meet, the commitment to 'prevent and punish' the crime of genocide. It explores why the UN was unable to respond effectively to the genocides in Cambodia, Rwanda, the Balkans and Darfur, and considers new approaches recently adopted by the UN to address genocide. This volume asks the crucial question: can the UN protect peoples from genocide in the modern world?

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

This innovative volume examines the nexus between war crimes trials and the pursuit of collaborators in post-war Asia. Global standards of behaviour in time of war underpinned the prosecution of Japanese military personnel in Allied courts in Asia and the Pacific. Japan's contradictory roles in the Second World War as brutal oppressor of conquered regions in Asia and as liberator of Asia from both Western colonialism and stultifying tradition set the stage for a tangled legal and political debate: just where did colonized and oppressed peoples owe their loyalties in time of war? And where did the balance of responsibility lie between individuals and nations? But global standards jostled uneasily with the pluralism of the Western colonial order in Asia, where legal rights depended on race and nationality. In the end, these limits led to profound dissatisfaction with the trials process, despite its vast scale and ambitious intentions, which has implications until today.

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.

This book presents a novel proposal for establishing justice and social harmony in the aftermath of genocide. It argues that justice should be determined by the victims of genocide rather than a detached legal system, since such a form of justice is more consistent with a socially grounded ethics, with a democracy that privileges citizen decision-making, and with human rights. The book covers the Holocaust; genocides in Argentina, South Africa, Rwanda, Latin America, and Australia, as well as crimes against humanity in Italy and France. From show trials to state- enforced forgiveness, the book examines various methods that have been used since 1945 to punish the individuals and groups responsible for genocide and how they have ultimately failed to deliver true justice to the victims. The only way to end this failure, the book points out, is to return justice to the victims. This simple proposition; however, challenges the Enlightenment tradition of Western law which was built on the refusal to allow victims to determine the measure of justice. That would amount, according to Bacon, Hegel, and Kant to a revenge system and bring social chaos. But, as this book points out, forgiveness is only something victims can give, no-one can demand it. In order to establish a lasting peace, it is necessary to re-examine the philosophical and theoretical refusal to return justice to the victims. The engaging argument put forth in this book can help deliver true justice and re-establish international social harmony in the aftermath of genocide. Genocide is ubiquitous in the modern, global world. It's understanding is highly relevant for the understanding of specific and perpetuating challenges in migration. Genocide forces the migration of millions to avoid crimes against humanity. When they flee war zones they bring their fears, hates, and misery with them. So migration research must engage fully with the experience of genocide, its human conseque nces and the ethical dilemmas it poses to all societies. Not to do so, will make it more difficult to understand and live with newcomers and to achieve some sort of harmony in host countries, as well as those which are centers of genocide.

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.

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.

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.

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.

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.