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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 situation in the Balkans, such as the solution to the status of Kosovo, is currently the largest international political problem in Europe, with the potential to burst into a world crisis regarding the Eastern - Western relations. On the other hand, a successful solution to the problem in the Balkans could serve as a model for solving the Muslim - Christian tensions elsewhere in the world. It is the intention of this book to contribute proposals for solutions to the problems of Balkans. The starting principle for the solutions to be effective is that they should come in a natural way from the people below and should not be enforced by the political elites from above. Based on self-determination of nations as a starting principle, they should encourage intra-regional cooperation among the regional entities (economic, cultural, sport, as a basis for political, social understanding and cooperation); secondly, accelerate their economic, political and social development and thirdly, as a final step enable the inclusion of the Balkan countries into the European Union.
In the midst of the Second World War, the Allies acknowledged Germany's ongoing programme of extermination. In the Shadow of the Holocaust examines the struggle to attain post-war justice and prosecution. Focusing on Poland's engagement with the United Nations War Crimes Commission, it analyses the different ways that the Polish Government in Exile (based in London from 1940) agitated for an Allied response to German atrocities. Michael Fleming shows that jurists associated with the Government in Exile made significant contributions to legal debates on war crimes and, along with others, paid attention to German crimes against Jews. By exploring the relationship between the UNWCC and the Polish War Crimes Office under the authority of the Polish Government in Exile and later, from the summer of 1945, the Polish Government in Warsaw, Fleming provides a new lens through which to examine the early stages of the Cold War.
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.
The question of 'humanitarian intervention' has been a staple of international law for around 200 years, with a renewed interest in the history of the subject emerging in the last twenty years. This book provides a chronological account of the evolution of the discussion and uncovers the fictional narrative provided by international lawyers to support their conclusions on the subject, from justifications and arguments for 'humanitarian intervention', the misrepresentation of great power involvement in the Greek War of Independence in 1827, to the 'humanitarian intervention that never was', India's war with Pakistan in 1971. Relying on a variety of sources, some of them made available in English for the first time, the book provides an undogmatic, alternative history of the fight for the protection of human rights in international law.
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.
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.
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.
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.
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
The study of genocide and mass atrocity abounds with references to emotions: fear, anger, horror, shame and hatred. Yet we don't understand enough about how 'ordinary' emotions behave in such extreme contexts. Emotions are not merely subjective and interpersonal phenomena; they are also powerful social and political forces, deeply involved in the history of mass violence. Drawing on recent insights from philosophy, psychology, history, and the social sciences, this volume examines the emotions of perpetrators, victims, and bystanders. Editors Thomas Brudholm and Johannes Lang have brought together an interdisciplinary group of prominent scholars to provide an in-depth analysis of the nature, value, and role of emotions as they relate to the causes and dynamics of mass atrocities. The result is a new perspective on the social, political, and moral dimensions of emotions in the history of collective violence and its aftermath.
"Everything you know about Indians is wrong." As the provocative title of Paul Chaat Smith's 2009 book proclaims, everyone knows about Native Americans, but most of what they know is the fruit of stereotypes and vague images. The real people, real communities, and real events of indigenous America continue to elude most people. The Oxford Handbook of American Indian History confronts this erroneous view by presenting an accurate and comprehensive history of the indigenous peoples who lived-and live-in the territory that became the United States. Thirty-two leading experts, both Native and non-Native, describe the historical developments of the past 500 years in American Indian history, focusing on significant moments of upheaval and change, histories of indigenous occupation, and overviews of Indian community life. The first section of the book charts Indian history from before 1492 to European invasions and settlement, analyzing US expansion and its consequences for Indian survival up to the twenty-first century. A second group of essays consists of regional and tribal histories. The final section illuminates distinctive themes of Indian life, including gender, sexuality and family, spirituality, art, intellectual history, education, public welfare, legal issues, and urban experiences. A much-needed and eye-opening account of American Indians, this Handbook unveils the real history often hidden behind wrong assumptions, offering stimulating ideas and resources for new generations to pursue research on this topic.
The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'.
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.
*A Telegraph Book of the Year* *Shortlisted for the Parliamentary Book Awards* An astonishing investigation into the start of the Russo-Ukrainian war – from the corridors of the Kremlin to the trenches of Mariupol. The Russo-Ukrainian War is the most serious geopolitical crisis since the Second World War – and yet at the heart of the conflict is a mystery. Vladimir Putin apparently lurched from a calculating, subtle master of opportunity to a reckless gambler, putting his regime – and Russia itself – at risk of destruction. Why? Drawing on over 25 years’ experience as a correspondent in Moscow, as well as his own family ties to Russia and Ukraine, journalist Owen Matthews takes us through the poisoned historical roots of the conflict, into the Covid bubble where Putin conceived his invasion plans in a fog of paranoia about Western threats, and finally into the inner circle around Ukrainian president and unexpected war hero Volodimir Zelensky. Using the accounts of current and former insiders from the Kremlin and its propaganda machine, the testimony of captured Russian soldiers and on-the-ground reporting from Russia and Ukraine, Overreach tells the story not only of the war’s causes but how the first six months unfolded. With its panoramic view, Overreach is an authoritative, unmissable record of a conflict that shocked Europe to its core.
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.
From the 1880s to the 1940s, an upsurge of explosive pogroms caused much pain and suffering across the eastern borderlands of Europe. Rioters attacked Jewish property and caused physical harm to women and children. During World War I and the Russian Civil War, pogrom violence turned into full-blown military actions. In some cases, pogroms wiped out of existence entire Jewish communities. More generally, they were part of a larger story of destruction, ethnic purification, and coexistence that played out in the region over a span of some six decades. Pogroms: A Documentary History surveys the complex history of anti-Jewish violence by bringing together archival and published sources-many appearing for the first time in English translation. The documents assembled here include eyewitness testimony, oral histories, diary excerpts, literary works, trial records, and press coverage. They also include memos and field reports authored by army officials, investigative commissions, humanitarian organizations, and government officials. This landmark volume and its distinguished roster of scholars provides an unprecedented view of the history of pogroms.
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.
Like its Nuremberg counterpart, the Tokyo Trial was foundational in the field of international law. However, until now, the persistent notion of 'victor's justice' in the existing historical literature has made it difficult to treat it as such. David Cohen and Yuma Totani seek to redress this by cutting through persistent orthodoxies and ideologies that have plagued the trial. Instead they present it simply as a judicial process, and in so doing reveal its enduring importance for international jurisprudence. A wide range of primary sources are considered, including court transcripts, court exhibits, the majority judgment, and five separate concurring and dissenting opinions. The authors also provide comparative analysis of the Allied trials at Nuremberg, resulting in a comprehensive and empirically grounded study of the trial. The Tokyo Tribunal was a watershed moment in the history of the Asia-Pacific region. This groundbreaking study reveals it is of continuing relevance today.
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. |
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