What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial (for example the solitary, headphone-wearing defendant at the Hague listening with intent to a catalogue of charges) with ?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and archival documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of ?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science

Positioning itself within significant developments in genocide studies arising from misgivings about two noteworthy observers, Arendt and Milgram, this book asks what lies 'beyond the banality of evil'? And suggests the answer lies within criminology. Offering the author's reflections about how to interpret genocide as a crime, Beyond the Banality of Evil: Criminology and Genocide endeavours to understand how the theories of criminal motivation might shed light on these stunning events and make them comprehensible. While a great deal has been written about the shortcomings of the obedience paradigm and 'desk murderers' when discussing the Holocaust, little has been said of what results when investigations are taken beyond these limitations. Through examination and analysis of the literature surrounding genocide studies, Brannigan frames the events within a general theoretical approach to crime before applying his own revised model, specifically to Rwanda and drawn from field-work in 2004 and 2005. This provides a new and compelling account of the dynamics of the 1994 genocide and its distinctive attributes of speed, popularity, totality and emotional indifference. With a focus on the disarticulation of personal culpability among ordinary perpetrators, Beyond the Banality of Evil questions the effectiveness of individual-level guilt imputation in these politically based, collectively orchestrated crimes, and raises doubts about the utility of criminal indictments that have evolved in the context of models of individual misconduct.

This book celebrates the scholarship of Richard Baxter, former Judge of the International Court of Justice and former Professor of International Law at Harvard Law School. The volume brings together Professor Baxter's writings on the laws of war, on which he was one of the most influential scholars of the twentieth century. The collection of essays contained in this book once again makes his exceptional writings available to scholars and students in the field. His work remains timely and relevant to today's issues, and offers many analyses which have been borne out in subsequent years. It includes, amongst many wide-ranging topics within the laws of war, Baxter's studies of the Geneva Conventions, human rights in times of war, and the legal problems of international military command. Featuring a new introduction by Professor Detlev Vagts exploring the importance of Baxter's writings, and a Biographical Note by Judge Stephen Schwebel assessing Baxter's life, this book is essential reading for scholars and students of international humanitarian law.

On April 25th 1915, during the First World War, the famous Anzacs landed ashore at Gallipoli. At the exact same moment, leading figures of Armenian life in the Ottoman Empire were being arrested in vast numbers. That dark day marks the simultaneous birth of a national story - and the beginning of a genocide. When We Dead Awaken - the first narrative history of the Armenian Genocide in decades - draws these two landmark historical events together. James Robins explores the accounts of Anzac Prisoners of War who witnessed the genocide, the experiences of soldiers who risked their lives to defend refugees, and Australia and New Zealand's participation in the enormous post-war Armenian relief movement. By exploring the vital political implications of this unexplored history, When We Dead Awaken questions the national folklore of Australia, New Zealand, and Turkey - and the mythology of Anzac Day itself.

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'.
The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

Most cultural and legal codes agree that the intentional killing of civilians, whether in peacetime or war, is prohibited. This is the norm of civilian immunity, widely considered to be a fundamental moral and legal principle. Yet despite this fact, the deliberate killing of large numbers of civilians remains a persistent feature of global political life. What is more, the perpetrators have often avoided criticism and punishment. Examining dozens of episodes of mass killing perpetrated by states since the French Revolution late eighteenth century, this book attempts to explain this paradox. It studies the role that civilian immunity has played in shaping the behaviour of perpetrators and how international society has responded to mass killing. The book argues that although the world has made impressive progress in legislating against the intentional killing of civilians and in constructing institutions to give meaning to that prohibition, the norm's history in practice suggests that the ascendancy of civilian immunity is both more recent and more fragile than might otherwise be thought. In practice, decisions to violate a norm are shaped by factors relating to the norm and the situation at hand, so too is the manner in which international society and individual states respond to norm violations. Responses to norm violations are not simply matters of normative obligation or calculations of self-interest but are instead guided by a combination of these logics as well as perceptions about the situation at hand, existing relations with the actors involved, and power relations between actors holding different accounts of the situation. Thus, whilst civilian immunity has for the time being prevailed over 'anti-civilian ideologies' which seek to justify mass killing, it remains challenged by these ideologies and its implementation shaped by individual circumstances. As a result, whilst it has become much more difficult for states to get away with mass murder, it is still not entirely impossible for them to do so.

This book examines the origins of genocide and mass murder in the everyday conflicts of ordinary people, exacerbated by special interests. We examine cases harming people simply because they are considered unworthy and undeserving-for instance, if they are dehumanized. We confine our attention to genocide, mass murder, large-scale killing motivated by hate or desire for gain, and fascism as an ideology since it usually advocates and leads to such killing. The book draws on social psychology, especially recent work on the psychology of prejudice. Much new information on the psychology of fear, hate, intolerance, and violence has appeared in recent years. The world has also learned more on the funding of dehumanization by giant corporations via "dark money," and on the psychology of genocidal leaders. This allows us to construct a much more detailed back story of why people erupt into mass killing of minorities and vulnerable populations. We thus go on to deal with the whole "problem of evil" (or at least apparently irrational killing) in general, broadening the perspective to include politics, economics, and society at large. We draw on psychology, sociology, economics, political science, public health, anthropology, and biology in a uniquely cross-disciplinary work.

Unlike their condemnations of Nazi atrocities, contemporary Western responses to Soviet crimes have often been ambiguous at best. While some leaders publicly denounced them, many others found reasons to dismiss wrongdoings and to consider Soviet propaganda more credible than survivors' accounts. Blissful Blindness: Soviet Crimes Under Western Eyes is a comprehensive exploration of Western responses to Soviet crimes from the Bolshevik revolution to the Soviet Union's final years. Ranging from denial, dismissal, and rationalization to outright glorification, these reactions, Darius Tołczyk contends, arose from a complex array of motives rooted in ideological biases, fears of empowering common enemies, and outside political agendas. Throughout the long history of the Soviet regime, Tołczyk traces its most heinous crimes—including the Red Terror, collectivization, the Great Famine, the Gulag, the Great Terror, and mass deportations—and shows how Soviet propaganda, and an unmatched willingness to defer to it, minimized these atrocities within dominant Western public discourse. It would take decades for Western audiences to unravel the "big lie"—and even today, too many in both Russia and the West have chosen to forget the extent of Soviet atrocities, or of their nations' complicity. A fascinating read for those interested in the intricacies and obstructions of politics, Blissful Blindness traces Western responses to understand why, and how, the West could remain willfully ignorant of Soviet crimes.

A powerful examination of soulful journeys made to recover memory and recuperate stolen pasts in the face of unspeakable histories. Survivors of the Armenian Genocide of 1915 took refuge across the globe. Traumatized by unspeakable brutalities, the idea of returning to their homeland was unthinkable. But decades later, some children and grandchildren felt compelled to travel back, having heard stories of family wholeness in beloved homes and of cherished ancestral towns and villages once in Ottoman Armenia, today in the Republic of Turkey. Hoping to satisfy spiritual yearnings, this new generation called themselves pilgrims-and their journeys, pilgrimages. Carel Bertram joined scores of these pilgrims on over a dozen pilgrimages, and amassed accounts from hundreds more who made these journeys. In telling their stories, A House in the Homeland documents how pilgrims encountered the ancestral house, village, or town as both real and metaphorical centerpieces of family history. Bertram recounts the moving, restorative connections pilgrims made, and illuminates how the ancestral house, as a spiritual place, offers an opening to a wellspring of humanity in sites that might otherwise be defined solely by tragic loss. As an exploration of the powerful links between memory and place, house and homeland, rupture and continuity, these Armenian stories reflect the resilience of diaspora in the face of the savage reaches of trauma, separation, and exile in ways that each of us, whatever our history, can recognize.

This book offers a radically new and definitive reappraisal of Allied responses to Nazi human experiments and the origins of informed consent. It places the victims and Allied medical intelligence officers at center stage, while providing a full reconstruction of policies on war crimes and trials related to Nazi medical atrocities and genocide. The analysis of the Medical Trial considers the prosecution, defense, judges and observers to present a rounded picture of the court and its context, and the aftermath in terms of Cold War politics, compensation and research ethics.

Pioneering study of the role of the Christian churches in the Rwandan genocide of the Tutsi; a key work for historians, memory studies scholars, religion scholars and Africanists. Why did some sectors of the Rwandan churches adopt an ambiguous attitude towards the genocide against the Tutsi which claimed the lives of around 800,000 people in three months between April and July 1994? What prevented the churches' acceptance that they may have had some responsibility? And how should we account for the efforts made by other sectors of the churches to remember and commemorate the genocide and rebuild pastoral programmes? Drawing on interviews with genocide survivors, Rwandans in exile, missionaries and government officials, as well as Church archives and other sources, this book is the first academic study on Christianity and the genocide against the Tutsi to explore these contentious questions in depth, and reveals more internal diversity within the Christian churches than is often assumed. While some Christians, Protestant as well as Catholic, took risks to shelter Tutsi people, others uncritically embraced the interim government's view that the Tutsi were enemies of the people and some, even priests and pastors, assisted the killers. The church leaders only condemned the war: they never actually denounced the genocide against the Tutsi. Focusing on the period of the genocide in 1994 and the subsequent years (up to 2000), Denis examines in detail the responses of two churches, the Catholic Church, the biggest and the most complex, and the Presbyterian Church in Rwanda, which made an unconditional confession of guilt in December 1996. A case study is devoted to the Catholic parish La Crete Congo-Nil in western Rwanda, led at the time by the French priest Gabriel Maindron, a man whom genocide survivors accuse of having failed publicly to oppose the genocide and of having close links with the authorities and some of the perpetrators. By 1997, the defensive attitude adopted by many Catholics had started to change. The Extraordinary Synod on Ethnocentricity in 1999-2000 was a milestone. Yet, especially in the immediate aftermath of the genocide, tension and suspicion persist. Fountain: Rwanda, Uganda

The Turkish Republic was formed out of immense bloodshed and carnage. During the decade leading up to the end of the Ottoman Empire and the ascendancy of Mustafa Kemal Ataturk, virtually every town and village throughout Anatolia was wracked by intercommunal violence. Sorrowful Shores presents a unique, on-the-ground history of these bloody years of social and political transformation.
Challenging the determinism associated with nationalist interpretations of Turkish history between 1912 and 1923, Ryan Gingeras delves deeper into this period of transition between empire and nation-state. Looking closely at a corner of territory immediately south of the old Ottoman capital of Istanbul, he traces the evolution of various communities of native Christians and immigrant Muslims against the backdrop of the Balkan Wars, the First World War, the Armenian Genocide, the Turkish War of Independence, and the Greek occupation of the region.
Drawing on new sources from the Ottoman archives, Gingeras demonstrates how violence was organised at the local level. Arguing against the prevailing view of the conflict as a war between monolithic ethnic groups driven by fanaticism and ancient hatreds, he reveals instead the culpability of several competing states in fanning successive waves of bloodshed.

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.
The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyze the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.

Unlike their condemnations of Nazi atrocities, contemporary Western responses to Soviet crimes have often been ambiguous at best. While some leaders publicly denounced them, many others found reasons to dismiss wrongdoings and to consider Soviet propaganda more credible than survivors' accounts. Blissful Blindness: Soviet Crimes Under Western Eyes is a comprehensive exploration of Western responses to Soviet crimes from the Bolshevik revolution to the Soviet Union's final years. Ranging from denial, dismissal, and rationalization to outright glorification, these reactions, Darius Tołczyk contends, arose from a complex array of motives rooted in ideological biases, fears of empowering common enemies, and outside political agendas. Throughout the long history of the Soviet regime, Tołczyk traces its most heinous crimes—including the Red Terror, collectivization, the Great Famine, the Gulag, the Great Terror, and mass deportations—and shows how Soviet propaganda, and an unmatched willingness to defer to it, minimized these atrocities within dominant Western public discourse. It would take decades for Western audiences to unravel the "big lie"—and even today, too many in both Russia and the West have chosen to forget the extent of Soviet atrocities, or of their nations' complicity. A fascinating read for those interested in the intricacies and obstructions of politics, Blissful Blindness traces Western responses to understand why, and how, the West could remain willfully ignorant of Soviet crimes.

Written by Chinese Jurist Mei Ju-ao, this significant book considers both the process and the impact of the International Military Tribunal for the Far East, otherwise known as the Tokyo Trial, which was convened in 1946 to try political military leaders accused of involvement in war crimes. Offering valuable research material on the establishment of the tribunal, it examines the background to the establishment of the International Military Tribunal and the lessons learned from earlier trials of World War One War Criminals. Written from the perspective of a Chinese prosecutor who was both jurist and witness, this unique text engages with the Tokyo Trial from an interdisciplinary perspective bringing in both international law and international relations, measuring over 7 decades later the significance and ongoing legacy of the Tokyo Trial for contemporary international criminal justice in Asia and beyond..

As the International Criminal Tribunals for the Former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these unique institutions have made to the development of international criminal law. Judgments issued by the ad hoc Tribunals have served to clarify and elucidate key concepts and principles of international criminal law. On several occasions, this practice and jurisprudence has pushed the progressive development of this dynamic and growing branch of international law.
Judicial Creativity at the International Criminal Tribunals examines the specific contribution made by the judges of the Yugoslavia and Rwanda Tribunals to the development of international criminal law in the areas of substantive crimes, criminal liability, defences, general principles, fair trial rights, and procedure. The essays illuminate the law on these topics while pointing to key areas where the Tribunals have advanced the understanding of particular concepts and principles. Several contributions address the theories of interpretation employed by the Tribunals' judges and the challenges presented by judicial creativity in international criminal trials.
As the caseload grows for the International Criminal Court and the international criminal justice project continues to flourish, it is important to take stock of the achievements to date of international criminal bodies. This collection of essays provides a thoughtful analysis by judges, practitioners, and scholars of international criminal law of the profound changes in the field enacted by the judges of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.

Highly respected US based academic Ground breaking research on a controversial topic Italian archival cover-up and film censorship of the Libyan genocide transnational, cross-cultural memory, and history of the Libyan genocide that includes Europe, and the USA

This study focuses on the first group targeted in the genocide known as the Holodomor: Ukrainian intelligentsia, the "brain of the nation," using the words of Raphael Lemkin, who coined the term genocide and enshrined it in international law. The study's author examines complex and devastating effects of the Holodomor on Ukrainian society during the 1920-1930s. Members of intelligentsia had individual and professional responsibilities. They resisted, but eventually they were forced to serve the Soviet regime. Ukrainian intelligentsia were virtually wiped out, most of its writers and a third of its teachers. The remaining cadres faced a choice without a choice if they wanted to survive. The author analyzes how and why this process occurred and what role intellectuals, especially teachers, played in shaping, contesting, and inculcating history. Crucially, the author challenges Western perceptions of the all-Union famine that was allegedly caused by ad hoc collectivization policies, highlighting the intentional nature of the famine as a tool of genocide, persecution, and prosecution of the nationally conscious Ukrainian intelligentsia, clergy, and grain growers. The author demonstrates the continuity between Stalinist and neo-Stalinist attempts to prevent the crystallization of the nation and subvert Ukraine from within by non-lethal and lethal means.

The author argues that a part of the history of nation building in Iraq through addressing its political characters, different communities, agreements and pan Arab ideology, including the Baath ideology and its attempts to seize power through nondemocratic methods. It is an attempt to approach the essence of the exclusion mentality of the ruling elite in order to understand the process of genocide against the Kurdish people, including all existing religious minorities. This essence of the process has been approached in the framework of the civilizing and de-civilizing process as a main theory of the German sociologist, Norbert Elias. Thus, this book may be considered as one of the comprehensive books to present a study of state-building in Iraq, along with identifying some of the political figures that had an essential impact on the construction. On the other hand, it is a comprehensive study of the genocide, in the sense of searching for the causes and roots of the genocide. The Anfal campaigns took place in 1988, but the process started as far back as the end of the sixties and the beginning of the seventies of the last century.

A Palestinian activist jailed at sixteen after a confrontation with Israeli soldiers illuminates the daily struggles of life under occupation in this moving, deeply personal memoir.

“What would you do if you grew up seeing your home repeatedly raided? Your parents arrested? Your mother shot? Your uncle killed? Try, for just a moment, to imagine that this was your life. How would you want the world to react?”

Ahed Tamimi is a world-renowned Palestinian activist, born and raised in the small West Bank village of Nabi Saleh, which became a center of the resistance to Israeli occupation when an illegal, Jewish-only settlement blocked off its community spring. Tamimi came of age participating in nonviolent demonstrations against this action and the occupation at large. Her global renown reached an apex in December 2017, when, at sixteen years old, she was filmed slapping an Israeli soldier who refused to leave her front yard. The video went viral, and Tamimi was arrested.

But this is not just a story of activism or imprisonment. It is the human-scale story of an occupation that has riveted the world and shaped global politics, from a girl who grew up in the middle of it . Tamimi’s father was born in 1967, the year that Israel began its occupation of the West Bank and he grew up immersed in the resistance movement. One of Tamimi’s earliest memories is visiting him in prison, poking her toddler fingers through the fence to touch his hand. She herself would spend her seventeenth birthday behind bars. Living through this greatest test and heightened attacks on her village, Tamimi felt her resolve only deepen, in tension with her attempts to live the normal life of a daughter, sibling, friend, and student.

An essential addition to an important conversation, They Called Me a Lioness shows us what is at stake in this struggle and offers a fresh vision for resistance. With their unflinching, riveting storytelling, Ahed Tamimi and Dena Takruri shine a light on the humanity not just in occupied Palestine but also in the unsung lives of people struggling for freedom around the world.

This book analyses the debates on colonial genocide in the 21st century and introduces cases where states are reluctant to acknowledge genocides. The author departs from traditional studies of the work of Raphael Lemkin or U.N. definitions of genocide so that readers can examine genocide recognition as a political act that is bound up in partial perceptions and political motivations. The study looks at the Tasmanian genocide, Al-Nakba, and several other tragic events. It also looks at the ways that these historical and contemporary debates about colonial genocides are related to today's conversations about apologies and other restorative justice acts. This work will be of interest to a wide range of audiences including researchers, scholars, graduate students, and policy makers in the fields of political history, genocide studies, and political science.

The Number One International Bestseller. The heartbreaking, inspiring true story of a girl sent to Auschwitz who survived the evil Dr Josef Mengele's pseudo-medical experiments. With a foreword by His Holiness Pope Francis. Lidia Maksymowicz was just three years old when she arrived in Auschwitz-Birkenau with her mother, grandparents and foster brother. They were from Belarus, their 'crime' that they supported the partisan resistance to Nazi occupation. Once there, Lidia was picked by Mengele for his experiments and sent to the children's block. It was here that she survived eighteen months of hell. Injected with infectious diseases, desperately malnourished, she came close to death. Her mother - who risked her life to secretly visit Lidia - was her only tie to humanity. By the time Birkenau was liberated her family had disappeared. Even her mother was presumed dead. Lidia was adopted by a woman from the nearby town of Oswiecim. Too traumatised to feel emotion, she was not an easy child to care for but she came to love her adoptive mother and her new home. Then, in 1962, she discovered that her birth parents were still alive. They lived in the USSR - and they wanted her back. Lidia was faced with an agonising choice . . . The Little Girl Who Could Not Cry is powerful, moving and ultimately hopeful, as Lidia comes to terms with the past and finds the strength to share her story - even making headlines when she meets Pope Francis, who kisses her tattoo. Above all she refuses to hate those who hurt her so badly, saying, 'Hate only brings more hate. Love, on the other hand, has the power to redeem.'

War crimes have devastating effects on victims and perpetrators and endanger broader political and military goals. The protection of civilians, one of the most fundamental norms in the laws of war, appears to have weakened despite almost universal international agreement. Using insights from organizational theory, this book seeks to understand the process between military socialization and unit participation in war crimes. How do militaries train their soldiers in the laws of war? How do they enforce compliance with these laws? Drawing on evidence from the Korean War, the Malayan Emergency, and the Canadian peacekeeping mission in Somalia, the author discovers that military efforts to train soldiers about the laws of war are poor and leadership often sent mixed signals about the importance of compliance. However, units that developed subcultures that embraced these laws and had strong leadership were more likely to comply than those with weak discipline or countercultural norms.