How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.

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.

The diversity of Kurdish communities across the Middle East is now recognized as central to understanding both the challenges and opportunities for their representation and politics. Yet little scholarship has focused on the complexities within these different groups and the range of their experiences. This book diversifies the literature on Kurdish Studies by offering close analyses of subjects which have not been adequately researched, and in particular, by highlighting the Kurds' relationship to the Yazidis. Case studies include: the political ideas of Ehmede Xani, "the father of Kurdish nationalism"; Kurdish refugees in camps in Iraq; the perception of the Kurds by Armenians in the late Ottoman Empire and the Turks in modern Western Turkey; and the important connections and shared heritage of the Kurds and the Yazidis, especially in the aftermath of the 2014 ISIS attacks. The book comprises the leading voices in Kurdish Studies and combines in-depth empirical work with theoretical and conceptual discussions to take the debates in the field in new directions. The study is divided into three thematic sections to capture new insights into the heterogeneous aspects of Kurdish history and identity. In doing so, contributors explain why we need to pay close attention to the shifting identities and the diversity of the Kurds, and what implications this has for Middle East Studies and Minority Studies more generally.

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

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

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.

In July 1995, the Bosnian Serb Army commanded by General Ratko Mladic attacked the enclave of Srebrenica, a UN "safe area" since 1993, and massacred about 8,000 Bosniac men. While the responsibility for the massacre itself lays clearly with the Serb political and military leadership, the question of the responsibility of various international organizations and national authorities for the fall of the enclave is still passionately discussed, and has given rise to various rumors and conspiracy theories. Follow-up investigations by the International Criminal Tribunal for the former Yugoslavia and by several commissions have dissipated most of these rumors and contributed to a better knowledge of the Srebrenica events and the part played by the main local and international actors. This volume represents the first systematic, comparative analysis of those investigations. It brings together analyses from both the external standpoint of academics and the inside perspective of various professionals who participated directly in the inquiries, including police officers, members of parliament, high-ranking civil servants, and other experts. Evaluating how institutions establish facts and ascribe responsibilities, this volume presents a historiographical and epistemological reflection on the very possibility of writing a history of the present time.

Isabelle Delpla is Assistant Professor of Philosophy at the University Montpellier III. Her research focuses on international ethics and justice and the relationships between philosophy and anthropology. She has conducted fieldwork in Bosnia with victim associations, Hague witnesses, and convicted war criminals.

Xavier Bougarel is Researcher at the French Centre National de la Recherche Scientifique in Paris. He is currently researching the wars of the 1990s and their aftermath in the former Yugoslavia and the transformations of Islam in the post-Communist Balkans.

Jean-Louis Fournel is Professor at the University of Paris VIII. His research focuses on the history of warfare, political thought, and the rhetoric of the Italian Renaissance. Between 1997 and 2001, he directed several European cooperation programs with universities in Bosnia- Herzegovina. In 1994, while the city was under siege, he co-organized the initiative for a sister relationship between his university and that of Sarajevo.

This book is the first comprehensive biography of Lemkin based on his papers. It highlights the role of culture in Lemkin's campaign for a Genocide convention and his use of the concept in historical research. It throws fresh light on the attempt by the British government to block the convention. This book is the first complete biography of Raphael Lemkin, the father of the United Nations Genocide Convention, based on his papers; and shows how his campaign for an international treaty succeeded. In addition, the book covers Lemkin's inauguration of the historical study of past genocides.

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

In 1947 German Field Marshal Albert Kesselring was tried and convicted of war crimes committed during World War II. He was held responsible for his troops having executed nearly 9,000 Italian citizens--women, children, elderly men--in retaliation for partisan attacks. His conviction, however, created a real dilemma for the United States and western Europe. While some sought the harshest punishments available for anyone who had participated in the war crimes of the Nazi regime, others believed that the repatriation of alleged war criminals would help secure the allegiance of a rearmed West Germany in the dangerous new Cold War against the Soviet Union.

Kerstin von Lingen's close analysis of the Kesselring case reveals for the first time how a network of veterans, lawyers, and German sympathizers in Britain and America achieved the commutation of Kesselring's death sentence and his eventual release--reinforcing German popular conceptions that he had been innocent all along and that the Wehrmacht had fought a "clean war" in Italy. Synthesizing the work of contemporary German and Italian historians with her own exhaustive archival research, she shows that Kesselring bore much greater guilt for civilian deaths than had been proven in court--and that the war on the southern front had been far from clean.

Von Lingen weaves together strands of the story as diverse as Winston Churchill's ability to mobilize support among British elites, Basil Liddell Hart's need to be recognized as an important military thinker, and the Cold War fears of the "Senators' Circle" in the United States. Through this rich narrative, she shows how international politics shaped the trial's proceedings and outcome--as well as the memory and meaning of the war for German citizens--and sheds new light on the complex interplay between the combatants' efforts to "master the past" and the threatening state of international relations in the early Cold War.

In analyzing the efforts to clear Kesselring's name, von Lingen shows that the case was about much more than the fate of one convicted individual; it also underscored the pressure to wrap up the war crimes issue--and German guilt--in order to get on with the business of bringing a rearmed Germany into the Western alliance. Kesselring's Last Battle sheds new light on the "politics of memory" by unraveling a twisted thread in postwar history as it shows how historical truth is sometimes sacrificed on the altar of expediency.

Social psychologist James Waller uncovers the internal and external factors that can lead ordinary people to commit extraordinary acts of evil. Waller offers a sophisticated and comprehensive psychological view of how anyone can potentially participate in heinous crimes against humanity. He
outlines the evolutionary forces that shape human nature, the individual dispositions that are more likely to engage in acts of evil, and the context of cruelty in which these extraordinary acts can emerge. Eyewitness accounts are presented at the end of each chapter. In this second edition, Waller
has revised and updated eyewitness accounts and substantially reworked Part II of the book, removing the chapter about human nature and evolutionary adaptations, and instead using this evolutionary perspective as a base for his entire model of human evil.

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.

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.

Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

Drawing on previously inaccessible and overlooked archival sources, The Herero Genocide undertakes a groundbreaking investigation into the war between colonizer and colonized in what was formerly German South-West Africa and is today the nation of Namibia. In addition to its eye-opening depictions of the starvation, disease, mass captivity, and other atrocities suffered by the Herero, it reaches surprising conclusions about the nature of imperial dominion, showing how the colonial state's genocidal posture arose from its own inherent weakness and military failures. The result is an indispensable account of a genocide that has been neglected for too long.

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.

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

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 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.

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.

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.