This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

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.

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.

The Rohingya Crisis is now in its fifth year with no end in sight. While the international community has supported the displaced Rohingyas in Bangladesh by providing humanitarian assistance, what is needed now is to investigate the short-and long-term implications of the crisis from the host country's perspective. Also, it is imperative to examine the current political situation, which was caused by the Myanmar military coup in February 2021. It has cast a dark shadow on the possibility of a negotiated repatriation. In this volume, scholars from Bangladesh and Canada have reflected upon the security situation, the pandemic's impact on the Rohingyas, inter-group conflict, environmental impact and burden sharing aspects, the informal labor situation, NGO intervention for resilience mapping, and diaspora activities. For both academics and policymakers who work in the fields of conflict resolution and peacebuilding, this book will show how not intervening early in a crisis can have long-term consequences.

In 1144, the mutilated body of William of Norwich, a young apprentice leatherworker, was found abandoned outside the city's walls. The boy bore disturbing signs of torture, and a story soon spread that it was a ritual murder, performed by Jews in imitation of the Crucifixion as a mockery of Christianity. The outline of William's tale swiftly gained currency far beyond Norwich, and the idea that Jews engaged in ritual murder became firmly rooted in the European imagination. E.M Rose's engaging book delves into the story of William's murder and the notorious trial that followed to uncover the origin of the ritual murder accusation-known as the "blood libel"-in western Europe in the Middle Ages. Focusing on the specific historical context-the 12th-century reform of the Church, the position of Jews in England, and the Second Crusade-and suspensefully unraveling the facts of the case, Rose makes a powerful argument for why the Norwich Jews (and particularly one Jewish banker) were accused of killing the youth, and how the malevolent blood libel accusation managed to take hold. She also considers four "copycat" cases, in which Jews were similarly blamed for the death of young Christians, and traces the adaptations of the story over time. In the centuries after its appearance, the ritual murder accusation provoked instances of torture, death and expulsion of thousands of Jews and the extermination of hundreds of communities. Although no charge of ritual murder has withstood historical scrutiny, the concept of the blood libel is so emotionally charged and deeply rooted in cultural memory that it endures even today. Rose's groundbreaking work, driven by fascinating characters, a gripping narrative, and impressive scholarship, provides clear answers as to why the blood libel emerged when it did and how it was able to gain such widespread acceptance, laying the foundations for enduring anti-Semitic myths that continue to the present.

The Central and South American collection at the British Museum collections contains approximately 62,000 objects, spanning 10,000 years of human history. The vast majority cannot be displayed, and those objects are the subject of Untold Microcosms, a collection of ten stories from ten Latin American writers, and inspired by the narratives about our past that we create through museums, in spite of their gaps and disarticulations.Featuring new original works by: Yasnaya Elena Aguilar, Cristina Rivera Garza, Joseph Zarate, Juan Cardenas, Velia Vidal, Lina Meruane, Gabriela Cabezon Camara, Dolores Reyes, Carlos Fonseca, Djamila Ribeiro.

While the fate of minorities under Nazism is well known, the earlier expulsions of Germany's unwanted residents are less well understood. Against a backdrop of raging public debate, and numerous claims of a 'state of exception', tens of thousands of vulnerable people living in the German Empire were the victims of mass expulsion orders between 1871 and 1914. Groups as diverse as Socialists, Jesuits, Danes, colonial subjects, French nationalists, Poles, and 'Gypsies' were all removed, under circumstances that varied from police actions undertaken by provincial governors through to laws authorising removals passed by the Reichstag. Purging the Empire examines the competing voices demanding the removal or the preservation of suspect communities, suggesting that these expulsions were enabled by the decentralised and participatory nature of German politics. In a surprisingly responsive political system, a range of players, including the Kaiser, the Reichstag, the bureaucracy, provincial officials, and local police authorities were all empowered to authorise the expulsion of unwanted residents. Added to this, the German press, civic associations, chambers of commerce, public intellectuals, religious societies, and the grassroots membership of political parties all played an important role in advocating or denouncing the measures before, during and after their implementation. Far from revealing the centrality of authoritarian caprice, Germany's mass expulsions point to the diffuse nature of coercive sovereign power and the role of public pressure in authorising or censuring the removals that took place in a modern, increasingly parliamentary Rechtsstaat.

One of the oldest living Holocaust survivors recounts her family’s imprisonment at Auschwitz and Bergen-Belsen in this moving memoir of love, loss, courage, and hope.

When German soldiers invaded Poland in September 1939, it began a six year journey for then-ten-year-old Renee Salt and her mother Sala. Until their liberation in 1945, Renee and Sala were imprisoned in ghettos and concentration camps, including Auschwitz-Birkenau and Bergen-Belsen. The only light in the darkness and brutality for Renee was the unwavering grasp of her mother’s hand in hers–enduring, against all odds.

It was this unbreakable bond, along with a few miracles, that kept Renee alive. Sala’s staggering courage to defy the will of SS guards saved both her and her daughter from the gas chambers, and the pair survived the deadliest days in Auschwitz’s history.

After suffering the nightmarish conditions at Bergen-Belsen, Renee and her mother were liberated in April 1945–but Sala died soon after they were saved. To this day, Renee attributes her survival to the love and bravery of her beloved mother.

Do Not Cry When I Die is an incredibly moving and deeply crucial book that tells the shocking story of one of the oldest Auschwitz-Birkenau and Bergen-Belsen survivors–and the mother’s love that saved her life.

This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

From 1991 to 1999, Slobodan Milosevic launched and ultimately lost four Balkan wars, resulting in the deaths of hundreds of thousands and the displacement of millions. He saw himself as a modern day Abe Lincoln, employing force in a valiant effort to hold his crumbling Yugoslavia together. But the ruthless Serb leader's tactics included systematic war crimes and ethnic cleansing, ultimately prompting the U. S. and its NATO allies to launch a controversial military intervention in the spring of 1999 to halt the bloodshed.Now Milosevic is on trial in The Hague before the United Nations-created International War Crimes Tribunal. He is the first former head of state ever to face international justice. The televised trial of Slobodan Milosevic is expected to last for two years and could well prove to be the most watched criminal proceedings since the trial of O. J. Simpson.There is much the public will want to know about this historic and complex trial. Written in a lively, journalistic style by two of the leading experts on the International War Crimes Tribunal, Slobodan Milosevic on Trial: A Companion is designed to inform the reader about what to watch for, who the players are, what the rules are, who has won in the past, and who is likely to win this time. Complete with maps, photos, and a glossary of legal terms, this comprehensive guide to the Milosevic trial will help the public understand the important and complex proceedings taking place in The Hague.

In The Trial of Hissein Habre: The International Crimes of a Former Head of State, Emmanuel Guematcha recounts the trial of Hissein Habre, the former Head of State of Chad. Accused of committing crimes against humanity, war crimes, and torture while he ruled Chad between 1982 and 1990, he was tried and sentenced to life imprisonment in 2016 and 2017 by the African Extraordinary Chambers. Guematcha examines the process that led to this achievement in Africa, including the failed attempts to try Hissein Habre in the Senegalese, Chadian, and Belgian courts. Guematcha discusses the mobilization of victims and the involvement of non-governmental and international organizations. He describes the particularities of the Extraordinary African Chambers, discusses the establishment of Hissein Habre's criminal responsibility, and presents the trial through the testimonies of several victims, witnesses, and experts. These testimonies shed light on what it means for individuals to be subjected to international crimes. The author also questions the impact and significance of the trial in Africa and beyond.

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.

Turkey has gone through significant transformations over the last century-from the Ottoman Empire and Young Turk era to the Republic of today-but throughout it has demonstrated troubling continuities in its encouragement and deployment of mass violence. In particular, the construction of a Muslim-Turkish identity has been achieved in part by designating "internal enemies" at whom public hatred can be directed. This volume provides a wide range of case studies and historiographical reflections on the alarming recurrence of such violence in Turkish history, as atrocities against varied ethnic-religious groups from the nineteenth century to today have propelled the nation's very sense of itself.

At the time of drafting the UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), the drafters were hopeful that the document will be the response needed to ensure that the world would never again witness such atrocities as committed by the Nazi regime. While, arguably, there has been no such great loss of human lives as during WWII, genocidal incidents have and still take place. After WWII, we have witnessed the genocides in Cambodia, Rwanda, Bosnia, Darfur, to name only a few. The responses to these atrocities have always been inadequate. Every time the world leaders would come together to renew their promise of 'Never Again'. However, the promise has never materialised. In 2014, Daesh unleashed genocide against religious minorities in Syria and Iraq. Before the world managed to shake off from the atrocities, in 2016, the Burmese military launched a genocidal campaign against the Rohingya Muslims in Myanmar. This was followed by reports of ever-growing atrocities against Christian minorities in Nigeria. Without waiting too long, in 2018, China proceeded with its genocidal campaign against the Uyghur Muslims. In 2020, the Tigrayans became the victims of ethnic targeting. Five cases of mass atrocities that, in the space of just five years, all easily meet the legal definition of genocide. Again, the response that followed each case has been inadequate and unable to make a difference to the targeted communities. This legacy does not give much hope for the future. The question that this books hopes to address is what needs to change to ensure that we are better equipped to address genocide and prevent the crime in the future.

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.

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.

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.

***Winner of an English PEN Award 2021*** During the 1948 war more than 750,000 Palestinian Arabs fled or were violently expelled from their homes by Zionist militias. The legacy of the Nakba - which translates to 'disaster' or 'catastrophe' - lays bare the violence of the ongoing Palestinian plight. Voices of the Nakba collects the stories of first-generation Palestinian refugees in Lebanon, documenting a watershed moment in the history of the modern Middle East through the voices of the people who lived through it. The interviews, with commentary from leading scholars of Palestine and the Middle East, offer a vivid journey into the history, politics and culture of Palestine, defining Palestinian popular memory on its own terms in all its plurality and complexity.

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.

Who owns the street? Interwar Berliners faced this question with great hope yet devastating consequences. In Germany, the First World War and 1918 Revolution transformed the city streets into the most important media for politics and commerce. There, partisans and entrepreneurs fought for the attention of crowds with posters, illuminated advertisements, parades, traffic jams, and violence. The Nazi Party relied on how people already experienced the city to stage aggressive political theater, including the April Boycott and Kristallnacht. Observers in Germany and abroad looked to Berlin's streets to predict the future. They saw dazzling window displays that radiated optimism. They also witnessed crime waves, antisemitic rioting, and failed policing that pointed toward societal collapse. Recognizing the power of urban space, officials pursued increasingly radical policies to 'revitalize' the city, culminating in Albert Speer's plan to eradicate the heart of Berlin and build Germania.

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.

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.

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.

In the wake of World War II the Sudetenland became the scene of ethnic cleansing, witnessing not only the expulsion of nearly three million German speakers, but also the influx of nearly two million resettlers. Yet mob violence and nationalist hatred were not the driving forces of ethnic cleansing; instead, greed, the search for power and property, and the general dislocation of post-war Central and Eastern Europe facilitated these expulsions and the transformation of the German-Czech borderlands. These overlapping migrations produced conflict among Czechs, hardship for Germans, and facilitated the Communist Party's rise to power. Drawing on a wide range of materials from local and central archives, as well as expellee accounts, David Gerlach demonstrates how the lure of property and social mobility, as well as economic necessities, shaped the course and consequences of ethnic cleansing.

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..