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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
Never before has such damning evidence of war crimes and crimes
against humanity been revealed in the midst of a conflict. As civil
war raged in Syria, we owe the disclosure of this evidence to one
man. He goes under the codename of Caesar. This military police
photographer was required to document the murder and torture of
thousands of Syrian civilians in the custody of the Assad regime.
Over the course of two years he used a police computer to copy the
photos, and in 2013 he risked his life to smuggle out 53,000 photos
and documents that show prisoners tortured, starved and burned to
death. In January 2015, in the American magazine Foreign Affairs,
President Bashar al-Assad claimed that this military photographer
didn't exist. "Who took the pictures? Who is he? Nobody knows.
There is no verification of any of this evidence, so it's all
allegations without evidence." Caesar exists. The author of this
book has spent dozens of hours with him. His testimony is
extraordinary, his photos shocking. The uncovering of the workings
of the Syrian death machine that underpins his account is a descent
into the unspeakable. In 2014 Caesar testified before the House
Foreign Affairs Committee and his testimony provided crucial
evidence for a bipartisan bill, the Caesar Syria Civilian
Protection Act, that was presented to Congress in 2016. Caesar's
photos have also been shown in the United Nations Headquarters in
New York and at the Holocaust Memorial Museum in Washington D.C.
For the first time, this book tells Caesar's story.
This book brings a new focus to the ongoing debate on holding
perpetrators of massive humanitarian and human rights violations
accountable in countries in transition. It provides a clear-cut and
comprehensive legal analysis of the content and nature of a state's
obligations to investigate and prosecute as enshrined in the most
important humanitarian and human rights treaties; it disentangles
the common fallacy that these procedural obligations are naturally
rooted and clearly spelled out in the general human rights
treaties; and it explains the flaws in an absolutist
interpretation. This analysis serves to understand whether such
procedural obligations, if narrowly construed, act as impediments
to countries emerging from periods of conflict or systematic
repression in the face of contingent circumstances and the
formidable dilemmas raised by a univocal understanding of justice
as retribution. Exploring the latest instances of interpretation
and application via an analysis of state practice, the
jurisprudence of treaty bodies, international courts and tribunals,
soft law instruments, and doctrinal contributions, the book also
addresses the complex issue of amnesty, and other transitional
justice mechanisms designed to restore peace and facilitate
transition traditionally included in national reconciliation
programs, and criticizes the contention that amnesty is always
prohibited by international law. It also considers these problems
from the viewpoint of the International Criminal Court, focusing on
the cases of Uganda and Colombia after the 2016 peace agreement.
Lastly, the volume offers a detailed analysis of techniques that
may neutralize relevant obligations under international law, such
as denunciation, derogation, limitation, and the public
international law defenses of force majeure and necessity. Drawing
attention to the importance of a multidisciplinary and practical
approach to these unsettling questions, and endorsing a pluralistic
notion of accountability, the book will appeal to legal scholars
and transitional justice experts as well as practitioners, human
rights advocates, and government officials. Dr Jacopo Roberti di
Sarsina is an International Law Expert at the Alma Mater Studiorum
- University of Bologna School of Law, and a dual-qualified lawyer
(Italy and New York). He completed a PhD in public international
law, label Doctor Europaeus, at the School of International
Studies, University of Trento, holds an LLM from NYU School of Law,
and read law at the University of Bologna.
This book examines how genocide survivors rebuild their lives
following migration after genocide. Drawing on a mixture of
in-depth interviews and published testimony, it utilises Bourdieu's
concept of social capital to highlight how individuals reconstruct
their lives in a new country. The data comprises in-depth
interviews with survivors of the Rwandan and Bosnian genocides, and
the Holocaust. This combination of data allows for a broader
analysis of the themes within the data. Overall, Rebuilding Lives
After Genocide seeks to demonstrate that a constructivist, grounded
theoretical approach to research can draw attention to experiences
that have been hidden and unheard. The life of survivors in the
wake of genocides is a neglected field, particularly in the context
of migration and resettlement. Therefore, this book provides a
unique insight into the debate surrounding recovery from
victimisation and the intersection between migration and
victimisation.
The Balkans has long been a place of encounter among different
peoples, religions, and civilizations, resulting in a rich cultural
tapestry and mosaic of nationalities. But it has also been burdened
by a traumatic post-colonial experience. The transition from
traditional multinational empires to modern nation-states has been
accompanied by large-scale political violence that has resulted in
the deaths of hundreds of thousands and the permanent displacement
of millions more.
Mark Biondich examines the origins of these conflicts, while
treating the region as an integral part of modern European history,
shaped by much the same forces and intellectual impulses. It
reminds us that political violence and ethnic cleansing have
scarcely been unique to the Balkans.
As Biondich shows, the political violence that has bedevilled the
region since the late nineteenth century stemmed from modernity and
the ideology of integral nationalism, employed by states that were
dominated by democratizing or authoritarian nationalizing elites
committed to national homogeneity. Throughout this period, the
Balkan proponents of democratic governance, civil society, and
multiculturalism were progressively marginalized. The history of
revolution, war, political violence, and ethnic cleansing in the
modern Balkans is above all the story of this tragic
marginalization.
This book examines expectations for justice in transitional
societies and how stakeholder expectations are ignored,
marginalized and co-opted by institutions in the wake of conflict.
Focusing on institutions that have adopted international criminal
trials, the authors encourage us to ask not only whether
expectations are appropriate to institutions, but whether
institutions are appropriate expectations. Drawing upon a wide
variety of sources, this volume demonstrates that a profound
'expectation gap' - the gap between anticipated and likely outcomes
of justice - exists in transitional justice systems and processes.
This 'expectation gap' requires that the justice goals of local
communities be managed accordingly. In proposing a perspective of
enhanced engagement, the authors argue for greater compromise in
the expectations, goals and design of transitional justice. This
book will constitute an important and valuable resource for
students of scholars of transitional justice as well as
practitioners, particularly with regards to the design of
transitional justice responses.
* The military tribunals organized by the Allies in Nuremberg in
1945 were described as 'the greatest trial in history' by Norman
Birkett, one of the British judges who presided over them * The
first of the trials began 70 years ago on 20 November, and last
ended almost a year later
This book explores how photography and documentary film have
participated in the representation of the 1994 genocide in Rwanda
and its aftermath. This in-depth analysis of professional and
amateur photography and the work of Rwandan and international
filmmakers offers an insight into not only the unique ability of
images to engage with death, memory and the need for evidence, but
also their helplessness and inadequacy when confronted with the
enormity of the event. Focusing on a range of films and
photographs, the book tests notions of truth, evidence, record and
witnessing - so often associated with documentary practice - in the
specific context of Rwanda and the wider representational framework
of African conflict and suffering. Death, Image, Memory is an
inquiry into the multiple memorial and evidentiary functions of
images that transcends the usual investigations into whether
photography and documentary film can reliably attest to the
occurrence and truth of an event.
Germans remember the Nazi past so that it may never happen again.
But how has the abstract vow to remember translated into concrete
action to prevent new genocides abroad? As reports of mass killings
in Bosnia spread in the middle of 1995, Germans faced a dilemma.
Should the Federal Republic deploy its military to the Balkans to
prevent a genocide, or would departing from postwar Germany's
pacifist tradition open the door to renewed militarism? In short,
when Germans said "never again," did they mean "never again
Auschwitz" or "never again war"? Looking beyond solemn statements
and well-meant monuments, Andrew I. Port examines how the Nazi past
shaped German responses to the genocides in Cambodia, Bosnia, and
Rwanda-and further, how these foreign atrocities recast Germans'
understanding of their own horrific history. In the late 1970s, the
reign of the Khmer Rouge received relatively little attention from
a firmly antiwar public that was just "discovering" the Holocaust.
By the 1990s, the genocide of the Jews was squarely at the center
of German identity, a tectonic shift that inspired greater
involvement in Bosnia and, to a lesser extent, Rwanda. Germany's
increased willingness to use force in defense of others reflected
the enthusiastic embrace of human rights by public officials and
ordinary citizens. At the same time, conservatives welcomed the
opportunity for a more active international role involving military
might-to the chagrin of pacifists and progressives at home. Making
the lessons, limits, and liabilities of politics driven by memories
of a troubled history harrowingly clear, Never Again is a story
with deep resonance for any country confronting a dark past.
A revealing yet accessible examination of the Nuremberg trial, and
most crucially all 23 men who stood accused, not just the most
infamous-Speer, Hess, and Goering. This account sets the scene by
explaining the procedures, the legal context, and the moments of
hypocrisy in the Allies' prosecution-ignoring the fact that the
Katyn massacre was a Soviet crime and overlooking carpet bombing.
Author Andrew Sangster discusses how the word "Holocaust" was not
used until long after the trial, probably due to Russian objection
as they had lost many more people, and because the Allies generally
were not innocent of anti-Semitism themselves, especially Russia
and Vichy France. However, the defendants to a person immediately
recognised that this was the singular issue which placed them on
the steps of the gallows, and their various defences on this charge
are therefore crucial to understanding the trial. Sangster also
explores how the prisoners related to one another in their approach
to defending themselves on the charge of genocide and extermination
camps, especially in facing the bully-boy Goering. This new study
utilises not only the trial manuscripts, but the pre-trial
interrogations, the views of the psychiatrists and psychologists,
and the often-overheard conversations between prisoners-who did not
know their guards spoke German-to give the fullest exploration of
the defendants, their state of mind, and their attitudes towards
the Third Reich, Hitler and each other as they faced judgement by
the victors of the war.
This book uses in-depth interview data with victims of conflict in
Northern Ireland, South Africa and Sri Lanka to offer a new,
sociological conceptualization of everyday life peacebuilding. It
argues that sociological ideas about the nature of everyday life
complement and supplement the concept of everyday life
peacebuilding recently theorized within International Relations
Studies (IRS). It claims that IRS misunderstands the nature of
everyday life by seeing it only as a particular space where
mundane, routine and ordinary peacebuilding activities are
accomplished. Sociology sees everyday life also as a mode of
reasoning. By exploring victims' ways of thinking and
understanding, this book argues that we can better locate their
accomplishment of peacebuilding as an ordinary activity. The book
is based on six years of empirical research in three different
conflict zones and reports on a wealth of interview data to support
its theoretical arguments. This data serves to give voice to
victims who are otherwise neglected and marginalized in peace
processes.
The assassination in Istanbul in 2007 of the author Hrant Dink, the
high-profile advocate of Turkish-Armenian reconciliation, reignited
the debate in Turkey on the annihilation of the Ottoman Armenians.
Many Turks subsequently reawakened to their Armenian heritage, in
the process reflecting on how their grandparents were forcibly
Islamised and Turkified, and the suffering they endured to keep
their stories secret. There was public debate about Armenian
property confiscated by the Turkish state and books were published
about the extermination of the minorities. The silence had been
broken. After the First World War, Turkey forcibly erased the
memory of the atrocities, and traces of Armenians, from their
historic lands, to which the international community turned a blind
eye. The price for this amnesia was, Cheterian argues, 'a century
of genocide'.Turkish intellectuals acknowledge the price a society
must pay collectively to forget such traumatic events, and that
Turkey cannot solve its recurrent conflicts with its minorities -
like the Kurds today - nor have an open and democratic society
without addressing its original sin: the Armenian Genocide, on
which the Republic was founded.
From Discrimination to Death studies the process of genocide
through the human rights violations that occur during genocide.
Using individual testimonies and in-depth field research from the
Armenian Genocide, Holocaust and Cambodian Genocide, this book
demonstrates that a pattern of specific escalating human rights
abuses takes place in genocide. Offering an analysis of all these
particular human rights as they are violated in genocide, the
author intricately brings together genocide studies and human
rights, demonstrating how the 'crime of crimes' and the human
rights law regime correlate. The book applies the pattern of rights
violations to the Rohingya Genocide, revealing that this pattern
could have been used to prevent the violence against the Rohingya,
before advocating for a greater role for human rights oversight
bodies in genocide prevention. The pattern ascertained through the
research in this book offers a resource for governments and human
rights practitioners as a mid-stream indicator for genocide
prevention. It can also be used by lawyers and judges in genocide
trials to help determine whether genocide took place. Undergraduate
and postgraduate students, particularly of genocide studies, will
also greatly benefit from this book.
A comprehensive look at torture, this book examines societal
understanding of its use, how we got here, and how it might be
regarded in the future. Torture and Enhanced Interrogation: A
Reference Handbook begins with an overview of the history of
torture, beginning in Ancient Greece and continuing to Guantanamo
Bay and beyond. After grounding the reader in the historical
fundamentals, the work goes on to examine the key controversies
that surround the use of torture, including but not limited to
whether it should be used at all as an aid to interrogation or to
procure testimony. Then, the book presents the views of several
outside contributors with personal experience or special expertise
in the area. The book achieves a balance of profiles of those
persons and organizations that have played a role in the
development of our understanding of torture, a data and documents
section, and an annotated bibliography for future research, as well
as an event timeline and glossary of key terms. This volume is aims
to present facts in as objective a way as possible while providing
readers with the resources they need for further study. Exposes the
main myths about torture and its use Provides readers with a solid
foundation in the topic Discusses the likely future of torture in
the US and elsewhere Reflects the author's expertise in the form of
informed and nuanced perspectives essays
This book explores the Holocaust as a social process. Although the
mass murder of European Jews was essentially the result of
political-ideological decisions made by the Nazi state leadership,
the events of the Holocaust were also part of a social dynamic. All
European societies experienced developments that led to the social
exclusion, persecution and murder of the continent's Jews. This
volume therefore questions Raul Hilbergs category of the
'bystander'. In societies where the political order expects
citizens to endorse the exclusion of particular groups in the
population, there cannot be any completely uninvolved bystanders.
Instead, this book examines the multifarious forms of social action
and behaviour connected with the Holocaust. It focuses on
institutions and persons, helpers, co-perpetrators, facilitators
and spectators, beneficiaries and profiteers, as well as Jewish
victims and Jewish organisations trying to cope with the dynamics
of exclusion and persecution.
Konrad Morgen: The Conscience of a Nazi Judge is a moral biography
of Georg Konrad Morgen, who prosecuted crimes committed by members
of the SS in Nazi concentration camps and eventually came
face-to-face with the system of industrialized murder at Auschwitz.
His wartime papers and postwar testimonies yield a study in moral
complexity.
This important reference work offers students a comprehensive
overview of the Darfur Genocide, with roughly 100 in-depth articles
by leading scholars on an array of topics and themes and more than
a dozen key primary source documents. Stretching beyond Darfur to
situate Sudan within the scope of its African, colonial, human
rights, and genocidal history, this reference work explores every
aspect of the Darfur Genocide. Covering hundreds of years, this
book explores the religious, ethnic, and cultural roots of Sudanese
identity-making and how it influenced the shape of the genocide
that erupted in 2004. As the first reference guide on the Darfur
Genocide, this text will enable readers to explore an array of
critical topics related to the atrocities in Sudan. The book opens
with seven key essays collectively providing an overview of the
genocide, its causes and consequences, international reaction, and
profiles on the main perpetrators, victims, and bystanders. These
are followed by entries on such crucial topics as the African
Union, child soldiers, the Janjaweed, and the Lost Boys and Girls
of Sudan. Leading scholars offer perspective essays on the primary
cause of the Darfur Genocide and on whether the conflict in Darfur
is a just case for intervention. Expertly curated primary documents
enrich readers' ability to understand the complexity of the
genocide. Offers an indispensable resource for anyone interested in
the Darfur Genocide specifically and genocide studies in general
Explains the historical and modern contexts that drive the Darfur
Genocide, shedding light on the cultural, political, and social
factors that have allowed it to continue for more than 15 years
Sketches the many complexities that help explain why the United
Nations and international community at large have failed to stop
the atrocities Features entries written by leading experts on the
Darfur Genocide Provides the text of speeches by Sudanese leaders,
national and foreign policy briefs, peace treaties, and United
Nations Reports related to the Darfur Genocide
This book represents the first multi-disciplinary introduction to
the study of war crimes trials and investigations. It introduces
readers to the numerous disciplines engaged with this complex
subject, including: Forensic Anthropology, Economics and
Anthropometrics, Legal History, Violence Studies, International
Criminal Justice, International Relations, and Moral Philosophy.
The contributors are experts in their respective fields and the
chapters highlight each discipline's major trends, debates, methods
and approaches to mass atrocity, genocide, and crimes against
humanity, as well as their interactions with adjacent disciplines.
Case studies illustrate how the respective disciplines work in
practice, including examples from the Allied Hunger Blockade, WWII,
the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and
Uganda. Including bibliographical essays to offer readers crucial
orientation when approaching the specialist literature in each
case, this edited collection equips readers with what they need to
know in order to navigate a complex, and until now, deeply
fragmented field. A diverse and interdisciplinary body of research,
this book will be indispensable reading for scholars of war crimes.
It is common for survivors of ethnic cleansing and even genocide to
speak nostalgically about earlier times of intercommunal harmony
and brotherhood. After being driven from their Anatolian homelands,
Greek Orthodox refugees insisted that they 'lived well with the
Turks', and yearned for the days when they worked and drank coffee
together, participated in each other's festivals, and even prayed
to the same saints. Historians have never showed serious regard to
these memories, given the refugees had fled from horrific 'ethnic'
violence that appeared to reflect deep-seated and pre-existing
animosities. Refugee nostalgia seemed pure fantasy; perhaps
contrived to lessen the pain and humiliations of displacement.
Before the Nation argues that there is more than a grain of truth
to these nostalgic traditions. It points to the fact that
intercommunality, a mode of everyday living based on the
accommodation of cultural difference, was a normal and stabilizing
feature of multi-ethnic societies. Refugee memory and other
ethnographic sources provide ample illustration of the beliefs and
practices associated with intercommunal living, which local Muslims
and Christian communities likened to a common moral environment.
Drawing largely from an oral archive containing interviews with
over 5000 refugees, Nicholas Doumanis examines the mentalities,
cosmologies, and value systems as they relate to cultures of
coexistence. He furthermore rejects the commonplace assumption that
the empire was destroyed by intercommunal hatreds. Doumanis
emphasizes the role of state-perpetrated political violence which
aimed to create ethnically homogenous spaces, and which went some
way in transforming these Anatolians into Greeks and Turks.
Existing studies of settler colonial genocides explicitly consider
the roles of metropolitan and colonial states, and their military
forces in the perpetration of exterminatory violence in settler
colonial situations, yet rarely pay specific attention to the
dynamics around civilian-driven mass violence against indigenous
peoples. In many cases, however, civilians were major, if not the
main, perpetrators of such violence. The focus of this book is thus
on the role of civilians as perpetrators of exterminatory violence
and on those elements within settler colonial situations that
promoted mass violence on their part.
The UN outlawed genocide in 1948, and the United States launched a
war on terror in 2001; yet still today, neither genocide nor
terrorism shows any sign of abating. This book explains why those
efforts have fallen short and identifies policies that can prevent
such carnage. The key is getting the causation analysis right.
Conventional wisdom emphasizes ancient hatreds, poverty, and the
impact of Western colonialism as drivers of mass violence. But far
more important is the inciting power of mass, ideological hate
propaganda: this is what activates the drive to commit mass
atrocities and creates the multitude of perpetrators needed to
conduct a genocide or sustain a terror campaign. A secondary causal
factor is illiberal, dualistic political culture: this is the
breeding ground for the extremist, "us-vs-them" ideologies that
always precipitate episodes of mass hate incitement. A two-tiered
policy response naturally follows from this analysis: in the short
term, several targeted interventions to curtail outbreaks of such
incitement; and in the long term, support for indigenous agents of
liberalization in venues most at risk for ideologically-driven
violence.
Initially published in French under the title Operation Nemesis,
this revealing work is a study of the Armenian Revolutionary
Federation and the individuals responsible for the execution of
Turkish leaders involved in the Armenian Genocide of 1915. Derogy's
rigorous research and detective work bring to life the disciplined
effort by Armenian nationalists to seek retribution for historic
crimes against the Armenian people. The work richly details Turkish
plans for the liquidation of the Armenian people, the individuals
selected to assassinate the genocidists, and documents for the
first time the role of the organized Armenian political opposition
to Turkish rule. In doing so, Derogy brings to light the
relationship between the legal party and its extra-legal arm; the
mechanisms needed to implement the daring plan of assassination;
and the special post-war circumstances in which the Armenian nation
found itself torn asunder by a Turkish-Soviet detente, in which the
independence of Armenia became the sacrificial pawn. Derogy worked
closely with scholars around the world and interviewed first-hand
survivors who had direct contact with the events described. His is
a detective story of the first rank and a historical reconstruction
of an obscured chapter of Armenian history.
Genocide is not only a problem of mass death, but also of how, as a
relatively new idea and law, it organizes and distorts thinking
about civilian destruction. Taking the normative perspective of
civilian immunity from military attack, A. Dirk Moses argues that
the implicit hierarchy of international criminal law, atop which
sits genocide as the 'crime of crimes', blinds us to other types of
humanly caused civilian death, like bombing cities, and the
'collateral damage' of missile and drone strikes. Talk of genocide,
then, can function ideologically to detract from systematic
violence against civilians perpetrated by governments of all types.
The Problems of Genocide contends that this violence is the
consequence of 'permanent security' imperatives: the striving of
states, and armed groups seeking to found states, to make
themselves invulnerable to threats.
Taking an interdisciplinary approach, this book raises new
questions and provides different perspectives on the roles,
responsibilities, ethics and protection of interpreters in war
while investigating the substance and agents of Japanese war crimes
and legal aspects of interpreters' taking part in war crimes.
Informed by studies on interpreter ethics in conflict, historical
studies of Japanese war crimes and legal discussion on individual
liability in war crimes, Takeda provides a detailed description and
analysis of the 39 interpreter defendants and interpreters as
witnesses of war crimes at British military trials against the
Japanese in the aftermath of the Pacific War, and tackles ethical
and legal issues of various risks faced by interpreters in violent
conflict. The book first discusses the backgrounds, recruitment and
wartime activities of the accused interpreters at British military
trials in addition to the charges they faced, the defence arguments
and the verdicts they received at the trials, with attention to why
so many of the accused were Taiwanese and foreign-born Japanese.
Takeda provides a contextualized discussion, focusing on the
Japanese military's specific linguistic needs in its occupied areas
in Southeast Asia and the attributes of interpreters who could meet
such needs. In the theoretical examination of the issues that
emerge, the focus is placed on interpreters' proximity to danger,
visibility and perceived authorship of speech, legal responsibility
in war crimes and ethical issues in testifying as eyewitnesses of
criminal acts in violent hostilities. Takeda critically examines
prior literature on the roles of interpreters in conflict and
ethical concerns such as interpreter neutrality and
confidentiality, drawing on legal discussion of the ineffectiveness
of the superior orders defence and modes of individual liability in
war crimes. The book seeks to promote intersectoral discussion on
how interpreters can be protected from exposure to manifestly
unlawful acts such as torture.
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Town of Bar
(Hardcover)
M B Kupershteyn; Cover design or artwork by Rachel Kolokoff Hopper; Index compiled by Jonathan Wind
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