"Justice at Nuremberg" traces the history of the Nuremberg Doctors' Trial held in 1946-47, as seen through the eyes of the Austrian bliogemigrblioge psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code--a landmark in the history of modern medical ethics--the judges laid down, for the first time, international guidelines for permissible experiments on humans. One of those who helped to formulate the code was Alexander. "Justice at Nuremberg" provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics.

An exposition and analysis of the development of propaganda, focusing on how the development of radio transformed the delivery and impact of propaganda and led to the use of radio to incite hatred and violence.

This study recounts the reasons why the order for the Herero genocide was very likely issued by the Kaiser himself, and why proof of this has not emerged before now. In 1904, the indigenous Herero people of German South West Africa (now Namibia) rebelled against their German occupiers. In the following four years, the German army retaliated, killing between 60,000 and 100,000 Herero people, one of the worst atrocities ever. The history of the Herero genocide remains a key issue for many around the world partly because the German policy not to pay reparations for the Namibian genocide contrasts with its long-standing Holocaust reparations policy. The Herero case bears not only on transitional justice issues throughout Africa, but also on legal issues elsewhere in the world where reparations for colonial injustices have been called for. This book explores the events within the context of German South West Africa (GSWA) as the only German colony where settlement was actually attempted. The study contends that the genocide was not the work of one rogue general or the practices of the military, but that it was inexorably propelled by Germany's national goals at the time. The book argues that the Herero genocide was linked to Germany's late entry into the colonial race, which led it frenetically and ruthlessly to acquire multiple colonies all over the world within a very short period, using any means available. Jeremy Sarkin is Chairperson-Rapporteur of the United Nations Working Group on Enforced or Involuntary Disappearances, and is at present Distinguished Visiting Professor of Law at Hofstra University in Hempstead, New York. He is also an Attorney of the High Court of South Africa and of the State of New York. A graduate of theUniversity of the Western Cape and of Harvard Law School he has been visiting professor at several US universities where he has taught Comparative Law, International Human Rights Law, International Criminal Law and Transitional Justice Southern Africa (South Africa, Botswana, Lesotho, Swaziland, Namibia and Zimbabwe): University of Cape Town Press/Juta

The book summarizes the work of international criminal courts focusing on the political challenges faced by them. It is a practical, comprehensive manual on the origin and development of international criminal justice and includes the criminal tribunals of Nuremberg, Tokyo, Yugoslavia, Rwanda, East Timor, Sierra Leone, Cambodia, Lebanon, Iraq.

War Crimes and acts of genocide are as old as history itself, but particularly during the 20th century. Yet what are war crimes and acts of genocide? And why did it take the world so long to define these crimes and develop legal institutions to bring to justice individuals and nations responsible such crimes? Part of the answer lies in the nature of the major wars fought in the 20th century and in the changing nature of warfare itself. This study looks at war crimes committed during the Second World War in the USSR, Yugoslavia, Germany, and efforts to bring the perpetrators to justice. This led to successful postwar efforts to define and outlaw such crimes and, more recently, the creation of two international courts to bring war criminals to justice. This did not prevent the commitment of war crimes and acts of genocide throughout the world, particularly in Asia and Africa. And while efforts to bring war criminals to justice has been enhanced by the work of these courts, the problems associated with civil wars, command responsibility, and other issues have created new challenges for the international legal community in terms of the successful adjudication of such crimes. This book was based on a special issue of Nationalities Papers.

This book explores the genealogy of the concept of 'Medz Yeghern' ('Great Crime'), the Armenian term for the mass murder and ethnic cleansing of the Armenian ethno-religious group in the Ottoman Empire between the years 1915-1923. Widely accepted by historians as one of the classical cases of genocide in the 20th century, ascribing the right definition to the crime has been a source of contention and controversy in international politics. Vartan Matiossian here draws upon extensive research based on Armenian sources, neglected in much of the current historiography, as well as other European languages in order to trace the development of the concepts pertaining to mass killing and genocide of Armenians from the ancient to the modern periods. Beginning with an analysis of the term itself, he shows how the politics of its use evolved as Armenians struggled for international recognition of the crime after 1945, in the face of Turkish protest. Taking a combined historical, philological, literary and political perspective, the book is an insightful exploration of the politics of naming a catastrophic historical event, and the competitive nature of national collective memories.

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.

Among the many myths about the relationship of Nazism to the mass of the German population, few proved more powerful in postwar West Germany than the notion that the Wehrmacht had not been involved in the crimes of the Third Reich. Former generals were particularly effective in spreading, through memoirs and speeches, the legend that millions of German soldiers had fought an honest and "clean" war and that mass murder, especially in the East, was entirely the work of Himmler's SS. This volume contains the most important contributions by distinguished historians who have thoroughly demolished this Wehrmacht myth. The picture that emerges from this collection is a depressing one and raises many questions about why "ordinary men" got involved as perpetrators and bystanders in an unprecedented program of extermination of "racially inferior" men, women, and children in Eastern Europe and the Soviet Union during the Second World War. Those who have seen these terrible photos of mass executions and other atrocities, currently on show in an exhibition in Germany and soon to be in the United States, will find this volume most enlightening.

Hannes Heer is a historian and film director. Klaus Naumann is a historain and journalist; both are Fellows of the Hamburg Institute for Social Studies.

This major study examines the successes and failures of the full transitional justice programme in Sierra Leone. It sets out the implications of the Sierra Leonean experience for other post-conflict situations and for the broader project of evaluating transitional justice.

War Crimes and acts of genocide are as old as history itself, but particularly during the 20th century. Yet what are war crimes and acts of genocide? And why did it take the world so long to define these crimes and develop legal institutions to bring to justice individuals and nations responsible such crimes? Part of the answer lies in the nature of the major wars fought in the 20th century and in the changing nature of warfare itself. This study looks at war crimes committed during the Second World War in the USSR, Yugoslavia, Germany, and efforts to bring the perpetrators to justice. This led to successful postwar efforts to define and outlaw such crimes and, more recently, the creation of two international courts to bring war criminals to justice. This did not prevent the commitment of war crimes and acts of genocide throughout the world, particularly in Asia and Africa. And while efforts to bring war criminals to justice has been enhanced by the work of these courts, the problems associated with civil wars, command responsibility, and other issues have created new challenges for the international legal community in terms of the successful adjudication of such crimes. This book was based on a special issue of Nationalities Papers.

This book examines proclivity to genocide in the protracted killings that have continued for decades in the northern Nigeria ethno-religious conflict, spanning from the 1966 northern Nigeria massacres of thousands of Ibos up to the present, ongoing killings between extremist Muslims and Christians or non-Muslims in the region. It explores the ethnic and religious dimensions of the conflict over five phases to investigate genocidal proclivity to the killings and the extent to which religion foments and escalates the conflict. This book adopts a conceptual analytic approach of establishing similarity of genocidal patterns to the northern Nigeria ethno-religious conflict by examining genocidal occurrences and massacres in history, particularly the twentieth-century contemporary genocides, for an understanding of genocide. With this reference frame, the study structures a Genocide Proclivity Model for identifying inclinations to genocide and derives a substantive theory using the Strauss and Corbin (1990) approach. By identifying genocidal intent as underlying the various manifestations and causes of genocide in specific genocide cases, the book establishes that genocidal proclivity or the intent to exterminate the "other" on the basis of religion and/or ethnicity underlies most of the northern Nigerian episodic, but protracted, killings. The book's analytic framework and approach are grounded in identifiable and provable evidences of specific intent to annihilate the "other," mostly involving extremist Muslims intent to 'cleanse' northern Nigeria of Christians and other non-Muslims through the 'exclusionary ideology' of imposition of the Sharia Law, and to 'force assimilation' or 'extermination' through massacres and genocidal killings of those who refuse to assimilate or adopt the Muslim ideology. The study establishes that the genocidal inclinations to the conflict have remained latent because of the intermittent but protracted nature of the killings and lends credence to the conception of genocidal intent and its covertness in situations of genocidal intermittency. The book unearths the latency of episodic genocide in the northern Nigeria ethno-religious conflict, prescribes recommendations, and launches a clarion call for international intervention to stop the genocide.

Genocide has emerged as one of the leading problems of the twentieth century. No corner of the world seems immune from this form of collective violence. While many individuals are familiar with the term, few people have a clear understanding of what genocide is and how it is carried out. This book clearly discusses the concept of genocide and dispels the widely held misconceptions about how these crimes occur and the mechanisms necessary for its perpetration.

Genocidal Crimes differs from much of the writing on the subject in that it explicitly relies upon the criminological literature to explain the nature and functioning of genocide. Criminology, with its focus on various types of criminality and violence, has much to offer in terms of explaining the origins, dynamics, and facilitators of this particular form of collective violence. Through application of a number of criminological theories to various elements of genocide Alex Alvarez presents a comprehensive analysis of this particular crime. These criminological perspectives are underpinned by a variety of psychological, sociological, and political science based insights in order to present a more complete discussion of the nature and functioning of genocide.

The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the politics of justice can get in the way of its administration. Considering both the ICTR (International Criminal tribunal for Rwanda), and all of the politics surrounding its work, and the Rwandan approach (the Gacaca courts and the national judiciary) and the politics that surround it, The Courts of Genocide addresses the relationship between these three 'courts' which, whilst oriented by similar concerns, stand in stark opposition to each other. In this respect, the book addresses a series of questions, including: What aspects of the Rwandan genocide itself played a role in directing the judicial response that has been adopted? On what basis did the government of Rwanda decide to address the genocide in a legalistic manner? Around what goals has each judicial response been organized? What are the specific procedures and processes of this response? And, finally, what challenges does its multifaceted character create for those involved in its operation, well as for Rwandan society? Addressing conceptual issues of restorative and retributive justice, liberal legalism and cosmopolitan law, The Courts of Genocide constitutes a substantially grounded reflection upon the problem of 'doing justice' after genocide.

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

This year the United Nations celebrated the 'Convention on the Prevention and Punishment of the Crime of Genocide', adopted in December 1948. It is time to recognize the man behind this landmark in international law. At the beginning were a few words: "New conceptions require new terms. By ?genocide? we mean the destruction of a nation or of an ethnic group." Rarely in history have paradigmatic changes in scholarship been brought about with such few words. Putting the quintessential crime of modernity in only one sentence, Raphael Lemkin (1900-1959), the Polish Jewish specialist in international law, not only summarized the horrors of the National Socialist Crimes, which were still underway, when he coined the term "genocide" in 1944, but also influenced international law. As the founding figure of the UN Genocide Convention Lemkin is finally getting the respect he deserves. Less known is his contribution to historical scholarship on genocide. Until his death, Lemkin was working on a broad study on genocides in the history of humankind. Unfortunately, he did not manage to publish it. The contributions in this book offer for the first time a critical assessment not only of his influence on international law but also on historical analysis of mass murders, showing the close connection between both.

This book was published as a special issue of the Journal of Genocide Research.

The Armenian Genocide has lately attracted a lot of attention, despite the Turkish government's attempts at denial. It has been developed into a central obstacle to Turkey's entry into the European Union. As such it attracts the highest political and public attention. What is largely ignored in the debate, however, is the fact that Armenians were not the only victims of the Young Turk's genocidal population policies. What is still largely forgotten is the murder, expulsion and deportation of other ethnic groups like Assyrians, Greeks, Kurds and Arabs by the Young Turks. This not only increases the number of victims, but also changes the perspective on the foundation of modern Turkey and as such on modern Turkish history more generally. The Thematic Issue of the JGR, the republication of which is proposed here, is the first publication, which addresses these wider issues. It contributes not only to our understanding of the Young Turks' population and extermination policies in all its complexities and so helping to bring the forgotten victims' stories "back" into genocide scholarship, but to our understanding of modern Turkey more generally. It is an indispensable tool for everybody interested in one of the great historical controversies of our time.

This book was published as a special issue of the Journal of Genocide Research.

The Nazi looting machine was notoriously efficient during the Second World War. In the Netherlands, 8.5 million citizens suffered losses estimated at 3.6 billion guilders. Approximately one-third of these losses were borne by Jews, who comprised only 1.6% of the total population. In todays terms, the German occupiers stripped the Jewish population of assets worth $7 billion.Nazi Looting offers a comprehensive history of the Dutch experience and demonstrates how reputable indigenous institutions acted as willing collaborators. Beginning with a survey of international law and various definitions of 'looting', the author shows how the Germans systematically robbed Dutch Jewry through a variety of means that gave the outward appearance of honest trading. Forced to sell under duress and at unreasonably low prices, few dared refuse the German on the doorstep when threatened with prison or incarceration in a camp.The plundering was total and systematic. In May 1940, a team of highly trained art historians, linguists, musicologists and literary experts arrived immediately behind the victorious German troops to catalogue the vast collections for Hitler. From 1941, Jews were compelled to deposit all their money into a bank called Lippmann, Rosenthal Co. The name of the bank itself was a cynical ploy since it was taken from a respected, Jewish-owned Amsterdam bank and presented as a new branch. This bank, however, simply channelled money into the Third Reich with the help of the Amsterdam Stock Exchange, insurance brokers and other well-established Dutch banks. Once the Jews were deported, their houses were emptied and the contents used to re-furnish bombed out areas of the Reich. In common with many other formerly Nazi-occupied countries in Europe, the Netherlands has been unable to retrieve many of its pre-war assets. More than fifty years after the wars end, 20% of its most important pre-war museum exhibits and approximately 80% of the less important works remain untraced

A leading genocide scholar explores the history of Zionism, Israel’s lurch towards extreme oppression and violence, and why it stands accused of crimes against humanity

Professor Omer Bartov was born on a kibbutz, grew up in Tel Aviv and served in the Israel Defence Forces during the Yom Kippur War. He went on to become an expert on the German army and the Holocaust, before turning his attention to his native country.

In Israel: What Went Wrong?, Bartov explores the transformation of Zionism from a movement of Jewish emancipation and liberation into a state ideology of ethno-nationalism, exclusion and violent domination of Palestinians. He traces the process whereby Israel – whose establishment in 1948 received international support in the aftermath of the Holocaust – now faces accusations of war crimes and genocide.

What are the implications of Israel’s near total impunity for the post-1945 regime of international law? And how do we understand the widespread support for these policies by Israel’s Jewish citizens?

The result is a searing and urgent critique that addresses today’s debates over Zionism, genocide, and the future of Israel with rigour and depth.

Volume II documents and analyses genocide and extermination throughout the early modern and modern eras. It tracks their global expansion as European and Asian imperialisms, and Euroamerican settler colonialism, spread across the globe before the Great War, forging new frontiers and impacting Indigenous communities in Europe, Asia, North America, Africa, and Australia. Twenty-five historians with expertise on specific regions explore examples on five continents, providing comparisons of nine cases of conventional imperialism with nineteen of settler colonialism, and offering a substantial basis for assessing the various factors leading to genocide. This volume also considers cases where genocide did not occur, permitting a global consideration of the role of imperialism and settler-Indigenous relations from the sixteenth to the early twentieth centuries. It ends with six pre-1918 cases from Australia, China, the Middle East, Africa, and Europe that can be seen as 'premonitions' of the major twentieth-century genocides in Europe and Asia.

Volume I offers an introductory survey of the phenomenon of genocide. The first five chapters examine its major recurring themes, while the further nineteen are specific case studies. The combination of thematic and empirical approaches illuminates the origins and long history of genocide, its causes, consistent characteristics, and the connections linking various cases from earliest times to the early modern era. The themes examined include the roles of racism, the state, religion, gender prejudice, famine, and climate crises, as well as the role of human decision-making in the causation of genocide. The case studies cover events on four continents, ranging from prehistoric Europe and the Andes to ancient Israel, Mesopotamia, the early Greek world, Rome, Carthage, and the Mediterranean. It continues with the Norman Conquest of England's North, the Crusades, the Mongol Conquests, medieval India and Viet Nam, and a panoramic study of pre-modern China, as well as the Spanish conquests of the Canary Islands, the Caribbean, and Mexico.

Why did the Rwandan genocide take place? How could parents feed their own children drinks laced with poison in Jonestown? As we see many parts of the world being engulfed in fratricidal frenzy, we wonder if it can happen in this country. Gupta examines contemporary cases of genocide and mass murder and seeks to explain why certain societies are more prone to these actions and others are relatively immune. Gupta sees a dialectical tension between our two identities: the self and the collective. The end of the medieval period was marked by the emergence of individualism in Europe. With time, the march of individualism engulfed the entire Western world and permeated every aspect of its culture, tradition, and academic paradigm. Neoclassical economics is the embodiment of this single-minded pursuit of the rationality of individualism. However, our psychobiological evolution has also imbued us with the irrepressible desire to form groups and to act upon its welfare. The reason for this eternal conflict lies in our own struggle with our two identities. When the pendulum swings to the extreme end of collectivism, genocide and other forms of social abnormalities--collective madness--occur. When we move too far into individualism, people tend to seek something greater beyond selfish pursuits. Through his panoramic view, Gupta provides an explanation for both social order and political pathology that will be of interest to students, scholars, and other researchers involved with ethnic conflict, collective behavior, and conflict resolution.

This is a study of the history of global refugee movements over the 20th century, ranging from east European Jews fleeing Tsarist oppression at the turn of the century to asylum seekers from the former Zaire and Yugoslavia. Recognizing that the problem of refugees is a universal one, the authors emphasize the human element which should be at the forefront of both the study of refugees and responses to them.

This is a study of the history of global refugee movements over the 20th century, ranging from east European Jews fleeing Tsarist oppression at the turn of the century to asylum seekers from the former Zaire and Yugoslavia. Recognizing that the problem of refugees is a universal one, the authors emphasize the human element which should be at the forefront of both the study of refugees and responses to them.