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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.
The wars that accompanied the breakup of Yugoslavia in the 1990s were the deadliest European conflicts since World War II. The violence escalated to the point of genocide when, over the course of ten days in July 1995, Serbian troops under the command of General Ratko Mladic murdered 8,000 unarmed men and boys who had sought refuge at a UN safe-haven in Srebrenica. Shocked, the United States quickly launched a diplomatic intervention supported by military force that ultimately brought peace to the new nations created when Yugoslavia disintegrated. Peacemakers is the first inclusive history of the successful multilateral intervention in the Balkans from 1995--2008 by an official directly involved in the diplomatic and military responses to the crises. A deadly accident near Sarajevo in 1995 thrust James Pardew into the center of efforts to stop the fighting in Bosnia. In a detailed narrative, he shows how Richard Holbrooke and the US envoys who followed him helped to stop or prevent vicious wars in Bosnia, Croatia, Kosovo, and Macedonia. Pardew describes the human drama of diplomacy and war, illuminating the motives, character, talents, and weaknesses of the national leaders involved. Pardew demonstrates that the use of US power to relieve human suffering is a natural fit with American values. Peacemakers serves as a potent reminder that American leadership and multilateral cooperation are often critical to resolving international crises.
This book examines the relationship between jihad and genocide, past and present. Richard L. Rubenstein, a respected scholar in the field of genocide studies, takes a close look at the violent interpretations of jihad and how they have played out in the past hundred years, from the Armenian genocide through current threats to Israel. Rubenstein's unflinching study of the potential for fundamentalist jihad to initiate targeted violence raises pressing questions in a time when questions of religious co-existence, particularly in the Middle East, are discussed urgently each day.
A dramatic intellectual biography of Victorian jurist Travers Twiss, who provided the legal justification for the creation of the brutal Congo Free State Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809-1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss's life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creation of the Congo Free State. In King Leopold's Ghostwriter, Andrew Fitzmaurice tells the incredible story of a man who, driven by personal events that transformed him from a reactionary to a reformer, rewrote and liberalised international law-yet did so in service of the most brutal regime of the colonial era. In an elaborate deception, Twiss and Pharailde van Lynseele, a Belgian prostitute, sought to reinvent her as a woman of suitably noble birth to be his wife. Their subterfuge collapsed when another former client publicly denounced van Lynseele. Disgraced, Twiss resigned his offices and the couple fled to Switzerland. But this failure set the stage for a second, successful act of re-creation. Twiss found new employment as the intellectual driving force of King Leopold of Belgium's efforts to have the Congo recognised as a new state under his personal authority. Drawing on extensive new archival research, King Leopold's Ghostwriter recounts Twiss's story as never before, including how his creation of a new legal personhood for the Congo was intimately related to the earlier invention of a new legal personhood for his wife. Combining gripping biography and penetrating intellectual history, King Leopold's Ghostwriter uncovers a dramatic, ambiguous life that has had lasting influence on international law.
For the past half century, the Indonesian military has depicted the 1965-66 killings, which resulted in the murder of approximately one million unarmed civilians, as the outcome of a spontaneous uprising. This formulation not only denied military agency behind the killings, it also denied that the killings could ever be understood as a centralised, nation-wide campaign. Using documents from the former Indonesian Intelligence Agency's archives in Banda Aceh this book shatters the Indonesian government's official propaganda account of the mass killings and proves the military's agency behind those events. This book tells the story of the 3,000 pages of top-secret documents that comprise the Indonesian genocide files. Drawing upon these orders and records, along with the previously unheard stories of 70 survivors, perpetrators, and other eyewitness of the genocide in Aceh province it reconstructs, for the first time, a detailed narrative of the killings using the military's own accounts of these events. This book makes the case that the 1965-66 killings can be understood as a case of genocide, as defined by the 1948 Genocide Convention. The first book to reconstruct a detailed narrative of the genocide using the army's own records of these events, it will be of interest to students and academics in the field of Southeast Asian Studies, History, Politics, the Cold War, Political Violence and Comparative Genocide.
The "ethnic cleansing" that has gripped the Balkans for much of this decade is but another chapter in the long history of man's inhumanity to man. Hopeful but unflinching in the face of such realities, Howard Ball's book focuses on international efforts to punish perpetrators of genocide and other war crimes. Combining history, politics, and critical analysis, he revisits the killing fields of Cambodia, documents the three-month Hutu "machete genocide" of about 800,000 Tutsi villagers in Rwanda, and casts recent headlines from Kosovo in the light of these other conflicts. Beginning with the 1899 Geneva Accords and the Armenian genocide of World War I, Ball traces efforts to create an institution to judge, punish, and ultimately deter such atrocities-particularly since World War II, since which there have been fourteen cases of genocide. He shows how international military tribunals in Nuremberg and Tokyo set important precedents for international criminal justice, tells what the international community learned from its failure to stop Pol Pot in Cambodia, and describes the ad hoc tribunals convened to address genocide in the Balkans and Rwanda. He then focuses on the establishment of the International Criminal Court with the Treaty of Rome in 1998 and assesses its probable future. The book also analyzes the reluctance of the United States to sanction the ICC, tracing longstanding U.S. reluctance to grant criminal justice jurisdiction to an international prosecutor. Ball examines questions of national sovereignty versus international law and reminds us that although most Americans consider such horrors to be problems of other countries, these are in fact countries in which many of our own citizens have their roots. With its unique focus on the ICC, "Prosecuting War Crimes and Genocide" is a work of both synthesis and advocacy that combines history and current events to make us more aware of the racist fervor with which these brutalities are carried out, more alert to the euphemisms in which they are cloaked. It forces us to ask not only whether the killing will stop, but whether humanity can prevent future genocides.
On 26 April 1937, a weekly market day, nearly sixty bombers and fighters attacked Gernika. They dropped between 31 and 46 tons of explosive and incendiary bombs on the city center. The desolation was absolute: 85 percent of the buildings in the town were totally destroyed; over 2,000 people died in an urban area of less than one square kilometer. Lying is inherent to crime. The bombing of Gernika is associated to one of the most outstanding lies of twentieth-century history. Just hours after the destruction of the Basque town, General Franco ordered to attribute authorship of the atrocity to the Reds and that remained the official truth until his death in 1975. Today no one denies that Gernika was bombed. However, the initial regime denial gave way to reductionism, namely, the attempt to minimize the scope of what took place, calling into question that it was an episode of terror bombing, questioning Francos and his generals responsibility, diminishing the magnitude of the means employed to destroy Gernika and lessening the death toll. Even today, in the view of several authors the tragedy of Gernika is little less than an overstated myth broadcasted by Picasso. This vision of the facts feeds on the dense network of falsehoods woven for forty years of dictatorship and the one only truth of El Caudillo. Xabier Irujo exposes this labyrinth of falsehoods and leads us through a genealogy of lies to their origin, metamorphosis and current expressions. Gernika was a key event of contemporary European history; its alternative facts historiography an exemplar for commentators and historians faced with disentangling contested viewpoints on current military and political conflicts, and too often war crimes and genocide that result. Published in association with the Canada Blanch Centre for Contemporary Spanish Studies
Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected genocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
Winner of the National Book Critics Circle Award for Nonfiction.
In 1996, Louise Arbour was appointed by the Security Council of the United Nations as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda. Reflecting on these experiences, she argues in "War Crimes and the Culture of Peace" that the level of public awareness and understanding of the significance of these events is minimal in part as a result of the way in which international criminal law is practiced. Justice Arbour contends that previous efforts to unite concepts of international law and criminal law in the practice of these tribunals are evolving, and suggests that the ties between personal criminal accountability and peace should be central to the decisions made in the future concerning procedural models for the permanent International War Crimes Tribunals. As a result, the public might better understand the context and causes of such crime, and the notion of crime as a breach of the peace would be made central to these trials. Justice Arbour delivered "War Crimes and the Culture of Peace" as the fifth annual Senator Keith Davey Lecture at Victoria University at the University of Toronto in January 2001.
A challenging examination of Japanese war crimes during World War II offers a fresh perspective on the Pacific War-and a better understanding of reasons for the wartime use of extreme mass violence. The 1937 Rape of Nanjing has become a symbol of Japanese violence during the Second World War, but it was not the only event during which the Japanese used extreme force. This thought-provoking book analyzes Japan's actions during the war, without blaming Japan, helping readers understand what led to those eruptions. In fact, the author specifically disputes the idea that the forms of extreme violence used in the Pacific War were particularly Japanese. The volume starts by examining the Rape of Nanjing, then goes on to address Japan's acts of individual and collective violence throughout the conflict. Unlike other works on the subject, it combines historical, sociological, and psychological perspectives on violence with a specific study of the Japanese army, seeking to define the reasons for the use of extreme violence in each particular case. Both a historical survey and an explanation of Japanese warfare, the book scrutinizes incidents of violence perpetrated by the Japanese vis-a-vis theories that explore the use of violence as part of human nature. In doing so, it provides far-reaching insights into the use of collective violence and torture in war overall, as well as motivations for committing atrocities. Finally, the author discusses current political implications stemming from Japan's continued refusal to acknowledge its war-time actions as war crimes. Covers the full expanse of Japanese war crimes during the Second World War from 1937 to 1945 Examines the social and political reasons for an increase in the severity of the violence the Japanese used against women and foreign soldiers during the war Explains how political relations between the United States and Japan were responsible for increased violence against American soldiers Discusses hotly contested issues surrounding the denial of war crimes by the Japanese and the resulting impact on regional and international relations Serves to stimulate discussion about the evaluation of mass violence and genocide
This book offers a rare and innovative consideration of an enduring tendency in postwar art to explore places devoid of human agents in the wake of violent encounters. To see the scenery together with the crime elicits a double interrogation, not merely of a physical site but also of its formation as an aesthetic artefact, and ultimately of our own acts of looking and imagining. Closely engaging with a vast array of works made by artists, filmmakers and photographers, each who has forged a distinct vantage point on the aftermath of crime and conflict, the study selectively maps the afterlife of landscape in search of the political and ethical agency of the image. By way of a thoroughly interdisciplinary approach, Crime Scenery in Postwar Film and Photography brings landscape studies into close dialogue with contemporary theory by paying sustained attention to how the gesture of retracing past events facilitates new configurations of the present and future.
'Powerful and gripping... Goni [is] impressively relentless: leaving no discoverable stone unturned' Philippe Sands, author of The Ratline As Russian forces closed in on Berlin, and Hitler's regime drew to a close, many Nazi officials began to organize their escape from Germany. Thanks to an international effort - which included the enthusiastic support of the Vatican and President Juan Peron - they were able to evade justice, and found refuge in Argentina. In this startling, meticulously researched account, acclaimed author Uki Goni unravels the complex network that protected these fugitives, revealing the 'ratline' that allowed Adolf Eichmann - the architect of the 'Final Solution' - Josef Mengele, Erich Priebke, and many more to escape Europe. Both compelling and revelatory, this remarkable investigation sheds vital light on a disquieting period in Europe's history. This revised edition includes a new foreword by the author, new interviews, and a comprehensive list of the Nazi and European World War Two criminals who fled to Argentina.
Why countries colonize the lands of indigenous people Over the past few centuries, vast areas of the world have been violently colonized by settlers. But why did states like Australia and the United States stop settling frontier lands during the twentieth century? At the same time, why did states loudly committed to decolonization like Indonesia and China start settling the lands of such minorities as the West Papuans and Uyghurs? Settling for Less traces this bewildering historical reversal, explaining when and why indigenous peoples suffer displacement at the hands of settlers. Lachlan McNamee challenges the notion that settler colonialism can be explained by economics or racial ideologies. He tells a more complex story about state building and the conflicts of interest between indigenous peoples, states, and settlers. Drawing from a rich array of historical evidence, McNamee shows that states generally colonize frontier areas in response to security concerns. Elite schemes to populate contested frontiers with loyal settlers, however, often fail. As societies grow wealthier and cities increasingly become magnets for migration, states ultimately lose the power to settle frontier lands. Settling for Less uncovers the internal dynamics of settler colonialism and the diminishing power of colonizers in a rapidly urbanizing world. Contrasting successful and failed colonization projects in Australia, Indonesia, China, and beyond, this book demonstrates that economic development-by thwarting colonization-has proven a powerful force for indigenous self-determination.
In 1948 the United Nations passed the Genocide Convention. The international community was now obligated to prevent or halt what had hitherto, in Winston Churchill s words, been a "crime without a name," and to punish the perpetrators. Since then, however, genocide has recurred repeatedly. Millions of people have been murdered by sovereign nation states, confident in their ability to act with impunity within their own borders. Tracing the history of genocide since 1945, and looking at a number of cases across continents and decades, this book discusses a range of critical and inter-connected issues such as:
Genocide since 1945 aims to help the reader understand how, when, where and why this crime has been committed since 1945, why it has proven so difficult to halt or prevent its recurrence, and what now might be done about it. It is essential reading for all those interested in the contemporary world.
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.
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.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Genocide has become a part of the contemporary global expression of political violence. After all, every continent has had its genocide, but genocide in Africa and the African diaspora is distinctly different from those in Europe or the West. This text approaches genocide from within the context of Africa and the African diaspora to examine political and philosophical after-effects of global colonialism. As genocidal state violence has become prominent through colonialism, its appearance in Europe and the West have developed sharply against how it appears in colonized spaces largely within the African diaspora. This text argues that such a difference needs to develop new concepts, critical approaches, and perspectives on the intersections between colonialism, political violence, and environmentalism that develops the significance framing political violence as genocidal for the development of a global understanding of genocide and genocidal violence.
Since the Genocide against the Tutsi, when up to one million Rwandan people were brutally killed, Rwanda has undergone a remarkable period of reconstruction. Driven by a governmental programme of unity and reconciliation, the last 25 years have seen significant changes at national, community, and individual levels. This book gathers previously unpublished testimonies from individuals who lived through the genocide. These are the voices of those who experienced one of the most horrific events of the 20th Century. Yet, their stories do not simply paint a picture of lives left destroyed and damaged; they also demonstrate healing relationships, personal growth, forgiveness and reconciliation. Through the lens of positive psychology, the book presents a range of perspectives on what happened in Rwanda in 1994, and shows how people have been changed by their experience of genocide. |
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