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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
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.
In this sweeping, definitive work, leading human rights scholar David M. Crowe offers an unflinching look at the long and troubled history of genocide and war crimes. From atrocities in the ancient world to more recent horrors in Nazi Germany, Cambodia, and Rwanda, Crowe reveals not only the disturbing consistency they have shown over time, but also the often heroic efforts that nations and individuals have made to break seemingly intractable patterns of violence and retribution--in particular, the struggle to create a universally accepted body of international humanitarian law. He traces the emergence of the idea of 'just war, ' early laws of war, the first Geneva Conventions, the Hague peace conferences, and the efforts following World Wars I and II to bring to justice those who violated international law. He also provides incisive accounts of some of the darkest episodes in recent world history, covering violations of human rights law in Afghanistan, Bosnia, Cambodia, Guatemala, the Iran-Iraq war, Korea, Tibet, and many other contexts. With valuable insights into some of the most vexing issues of today--including controversial US efforts to bring alleged terrorists to justice at Guantanamo Bay, and the challenges facing the International Criminal Court--this is an essential work for understanding humankind's long and often troubled history.
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.
For far too long the discipline of International Relations has failed to engage with the study of genocide. This is despite the fact that genocide holds a direct relationship with the central concepts of international relations: the state, war, power, and security. This bold, innovative and unique book sets out to tackle this by bringing the concept of genocide into the discipline of IR, via the English School, in order to theorise the relationship between genocide, justice, and order. Drawing on a wide-range of primary and secondary interdisciplinary material from International Relations, Genocide Studies, Security Studies, International Law, History, Politics and Political Theory, this book aims to understand genocide within the context of International Relations and the implications that this has on policymaking. Gallagher identifies the obstacles and challenges involved in bringing the study of genocide into IR and uniquely analyses the impact of genocide on the ordering structure of international society.
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 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.
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 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.
"A masterly work of military and judicial history." -New York Times. Telford Taylor's book is a defining piece of World War II literature, an engrossing and reflective eyewitness account of one of the most significant events of our century. In 1945, the Allied nations agreed on a judicial process, rather than summary execution, to determine the fate of the Nazis following the end of World War II. Held in Nuremberg, the ceremonial birthplace of the Nazi Party, the British, American, French, and Soviet leaders contributed both judges and prosecutors to the series of trials that would prosecute some of the most prominent politicians, military leaders and businessmen in Nazi Germany. This is the definitive history of the Nuremberg crimes trials by one of the key participants, Telford Taylor, the distinguished lawyer who was a member of the American prosecution staff and eventually became chief counsel. In vivid detail, Taylor portrays the unfolding events as he "saw, heard, and otherwise sensed them at the time, and not as a detached historian working from the documents might picture them." Table of Contents: 1 Nuremberg and the Laws of War 2 The Nuremberg Ideas 3 Justice Jackson Takes Over 4 Establishing the Court: The London Charter 5 The Defendants and the Charges: Krupp and the German General Staff 6 Berlin to Nuremberg 7 Nuremberg: Pretrial Pains and Problems 8 On Trial 9 The Nuremberg War Crimes Community 10 The SS and the General Staff-High Command 11 Individual Defendants, Future Trials, and Criminal Organizations 12 The French and Soviet Prosecutions 13 The Defendants: Goering and Hess 14 The Defendants: "Murderers' Row" 15 The Defendants: Bankers and Admirals 16 The Defendants: The Last Nine 17 The Closing Arguments 18 The Indicted Organizations 19 The Defendants' Last Words 20 The Judgments of Solomons 21 Judgment: Law, Crime, and Punishment Taylor describes personal vendettas among the Allied representatives and the negotiations that preceded the handing down of sentences. The revelations have not lost their power over the decades: The chamber is reduced to silence when an SS officer recounts impassively that his troops rounded up and killed 90,000 Jews, and panic overcomes the head of the German State Bank as it becomes clear that he knew his institution was receiving jewels and other valuables taken from the bodies of concentration camp inmates.
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
Thanatourism, or dark tourism, is an increasingly pervasive feature of the contemporary tourism landscape. Travel to have actual or symbolic 'encounters with death' is not a new phenomenon and is now one of the fastest growing areas for debate and research in the study of Tourism. Thanatourism is an important new overview of the growing field. It introduces more rigorous scholarship, new philosophical perspectives and a wealth of empirical material on the contemporary and historical consumption of death with case studies designed to stretch and challenge current discourse. Contexts presented in the book will include- * well known religious sites * battlefield locations * genocide camps *lesser known exhibition centres and a plague site. It takes a broad methodological approach and discusses both research and teaching approaches in thanatourism as well as acknowledging its emotive nature. It is an essential new resource for all those who research or teach in the area as well as for upper level students.
Covering the period from 1878-1915, Ottomans and Armenians is a military history of the Ottoman army and the counterinsurgency campaigns it waged in the last days of the Ottoman empire. Although Ottomans were among the most active practitioners of counterinsurgency campaigning in the late-nineteenth and early-twentieth centuries, in the vast literature available on counterinsurgency in the early twenty-first century, there is very little scholarly analysis of how Ottomans reacted to insurgency and then went about counterinsurgency. This book presents the thesis that the Ottoman government developed an evolving, 35-year, empire-wide array of counterinsurgency practices that varied in scope and execution depending on the strategic importance of the affected provinces.
This book explores the memory and representation of genocide as they affect individuals, communities and families, and artistic representations. It brings together a variety of disciplines from public health to philosophy, anthropology to architecture, offering readers interdisciplinary and international insights into one of the most important challenges in the 21st century. The book begins by describing the definitions and concepts of genocide from historical and philosophical perspectives. Next, it reviews memories of genocide in bodies and in societies as well as genocide in memory through lives, mental health and transgenerational effects. The book also examines the ways genocide has affected artistic works. From poetry to film, photography to theatre, it explores a range of artistic approaches to help demonstrate the heterogeneity of representations. This book provides a comprehensive and wide-ranging assessment of the many ways genocide has been remembered and represented. It presents an ideal foundation for understanding genocide and possibly preventing it from occurring again.
Genocide occurs when a government attempts to exterminate systematically a large percentage of its own citizens or subjects, simply because they fall into a particular group defined by religion, ethnicity, political affiliation, or (rarely) other group identification ranging from occupation to gender status. Genocide has been a major cause of death worldwide over the last 100 years or more, and is far from being eliminated. Through examining available cases, Warning Signs of Genocide: An Anthropological Perspective shows that genocide becomes a live danger when group hatreds-especially religious, ethnic, and political-are exploited by political regimes as major ways of seizing and maintaining power. Genocide is actually invoked, however, only when such regimes feel they are threatened, usually either because they are new and not consolidated in power or because they are challenged by local rebellions, civil war, or (less often) international war or major economic decline. Knowing these warning signs should make the international community take note that genocide is virtually certain to occur, and take action to stop it. This book joins others in noting that the international community has rarely intervened in time, and in the hope that these findings will encourage more prompt action.
The chapters in this volume examine a few facets in the drama of how the survivors of the Holocaust contended with life after the darkest night in Jewish history. They include the Earl Harrison mission and significant report, the effort to keep Europe's borders open to refugee infiltration, the murder of the first Jew in Germany after V-E Day and its aftermath, and the iconic sculptures of Nathan Rapoport and Poland's landscape of Holocaust memory up to the present day. Joining extensive archival research and a limpid prose, Professor Monty Noam Penkower again displays a definitive mastery of his craft.
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 book presents you with the background profiles of those mass exterminators of National Socialism who wound up in court. It pictures their 'route to crime' and explains why their court room profiles have always remained so controversial in the eyes of post-war observers and commentators. Both inside and outside academia, this controversy continuous to flare up every now and then. It invariably focusses on Hannah Arendt's famous thesis about the personality of Adolf Eichmann, Hitler's manager of mass destruction. We will take a closer look at the arguments involved in this 'debate' on the Banality of Evil and see how Arendt's interpretation of Eichmann relates to the perspectives of the post-war courts who tried other exterminators of Hitler's empire.
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.
The mass killing of Ottoman Armenians is today widely recognized, both within and outside scholarly circles, as an act of genocide. What is less well known, however, is that it took place within a broader context of Ottoman violence against minority groups during and after the First World War. Among those populations decimated were the indigenous Christian Assyrians (also known as Syriacs or Chaldeans) who lived in the borderlands of present-day Turkey, Iran, and Iraq. This volume is the first scholarly edited collection focused on the Assyrian genocide, or "Sayfo" (literally, "sword" in Aramaic), presenting historical, psychological, anthropological, and political perspectives that shed much-needed light on a neglected historical atrocity.
Over the course of the long and violent twentieth century, only a minority of international crime perpetrators ever stood trial, and a central challenge of this era was the effort to ensure that not all these crimes remained unpunished. This required not only establishing a legal record but also courage, determination, and inventiveness in realizing justice. Defeating Impunity moves from the little-known trials of the 1920s to the Yugoslavia tribunal in the 2000s, from Belgium in 1914 to Ukraine in 1943, and to Stuttgart and Dusseldorf in 1975. It illustrates the extent to which the language of law drew an international horizon of justice.
The chapters in this volume examine a few facets in the drama of how the survivors of the Holocaust contended with life after the darkest night in Jewish history. They include the Earl Harrison mission and significant report, the effort to keep Europe's borders open to refugee infiltration, the murder of the first Jew in Germany after V-E Day and its aftermath, and the iconic sculptures of Nathan Rapoport and Poland's landscape of Holocaust memory up to the present day. Joining extensive archival research and a limpid prose, Professor Monty Noam Penkower again displays a definitive mastery of his craft. |
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