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Books > Social sciences > Warfare & defence > Other warfare & defence issues > War crimes
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.
Beyond Repair? explores Mayan women's agency in the search for redress for harm suffered during the genocidal violence perpetrated by the Guatemalan state in the early 1980s at the height of the thirty-six-year armed conflict. The book draws on eight years of feminist participatory action research conducted with fifty-four Q'eqchi', Kaqchikel, Chuj, and Mam women who are seeking truth, justice, and reparation for the violence they experienced during the war, and the women's rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries for over a decade. Alison Crosby and M. Brinton Lykes use the concept of "protagonism" to deconstruct dominant psychological discursive constructions of women as "victims," "survivors," "selves," "individuals," and/or "subjects." They argue that at different moments Mayan women have been actively engaged as protagonists in constructivist and discursive performances through which they have narrated new, mobile meanings of "Mayan woman," repositioning themselves at the interstices of multiple communities and in their pursuit of redress for harm suffered.
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.
Beyond Repair? explores Mayan women's agency in the search for redress for harm suffered during the genocidal violence perpetrated by the Guatemalan state in the early 1980s at the height of the thirty-six-year armed conflict. The book draws on eight years of feminist participatory action research conducted with fifty-four Q'eqchi', Kaqchikel, Chuj, and Mam women who are seeking truth, justice, and reparation for the violence they experienced during the war, and the women's rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries for over a decade. Alison Crosby and M. Brinton Lykes use the concept of "protagonism" to deconstruct dominant psychological discursive constructions of women as "victims," "survivors," "selves," "individuals," and/or "subjects." They argue that at different moments Mayan women have been actively engaged as protagonists in constructivist and discursive performances through which they have narrated new, mobile meanings of "Mayan woman," repositioning themselves at the interstices of multiple communities and in their pursuit of redress for harm suffered.
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'.
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.
The Xinjiang Uyghur Autonomous Region is the site of the largest mass repression of an ethnic and/or religious minority in the world today. Researchers estimate that since 2016 one million people have been detained there without trial. In the detention centres individuals are exposed to deeply invasive forms of surveillance and psychological stress, while outside them more than ten million Turkic Muslim minorities are subjected to a network of hi-tech surveillance systems, checkpoints and interpersonal monitoring. Existing reportage and commentary on the crisis tend to address these issues in isolation, but this ground-breaking volume brings them together, exploring the interconnections between the core strands of the Xinjiang emergency in order to generate a more accurate understanding of the mass detentions' significance for the future of President Xi Jinping's China. -- .
The Eichmann Trial Reconsidered brings together leading authorities in a transnational, international, and supranational study of Adolf Eichmann, who was captured by the Israelis in Argentina and tried in Jerusalem in 1961. The essays in this important new collection span the disciplines of history, film studies, political science, sociology, psychology, and law. Contributing scholars adopt a wide historical lens, pushing outwards in time and space to examine the historical and legal influence that Adolf Eichmann and his trial held for Israel, West Germany, and the Middle East. In addition to taking up the question of what drove Eichmann, contributors explore the motivation of prosecutors, lawyers, diplomats, and neighbouring countries before, during, and after the trial ended. The Eichmann Trial Reconsidered puts Eichmann at the centre of an exploration of German versus Israeli jurisprudence, national Israeli identities and politics, and the conflict between German, Israeli, and Arab states.
The Turkish Republic was formed out of immense bloodshed and
carnage. During the decade leading up to the end of the Ottoman
Empire and the ascendancy of Mustafa Kemal Ataturk, virtually every
town and village throughout Anatolia was wracked by intercommunal
violence. Sorrowful Shores presents a unique, on-the-ground history
of these bloody years of social and political transformation.
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.
As the International Criminal Tribunals for the Former Yugoslavia
and Rwanda enter the final phase of their work, it is an
appropriate time to reflect on the significant contribution that
these unique institutions have made to the development of
international criminal law. Judgments issued by the ad hoc
Tribunals have served to clarify and elucidate key concepts and
principles of international criminal law. On several occasions,
this practice and jurisprudence has pushed the progressive
development of this dynamic and growing branch of international
law.
The book represents an earthquake in genocide studies, particularly in the field of Armenian Genocide research. A unique feature of the Armenian Genocide has been the long-standing efforts of successive Turkish governments to deny its historicity and to hide the documentary evidencesurrounding it. This book provides a major clarification of the often blurred lines between facts and truth in regard to these events. The authenticity of the killing orders signed by Ottoman Interior Minister Talat Pasha and the memoirs of the Ottoman bureaucrat Naim Efendi have been two of the most contested topics in this regard. The denialist school has long argued that these documents and memoirs were all forgeries, produced by Armenians to further their claims. Taner Akcam provides the evidence to refute the basis of these claims and demonstrates clearly why the documents can be trusted as authentic, revealing the genocidal intent of the Ottoman-Turkish government towards its Armenian population. As such, this work removes a cornerstone from the denialist edifice, and further establishes the historicity of the Armenian Genocide.
A Few Bad Men is the incredible true story of an elite team of U.S. Marines set up to take the fall for Afghanistan war crimes they did not commit-and their leader who fought for the redemption of his men. Ambushed in Afghanistan and betrayed by their own leaders-these elite Marines fought for their lives again, back home. A cross between A Few Good Men and American Sniper, this is the true story of an elite Marine special operations unit bombed by an IED and shot at during an Afghanistan ambush. The Marine Commandos were falsely accused of gunning down innocent Afghan civilians following the ambush. The unit's leader, Maj. Fred Galvin, was summarily relieved of duty and his unit was booted from the combat zone. They were condemned by everyone, from the Afghan president to American generals. When Fox Company returned to America, Galvin and his captain were the targets of the first Court of Inquiry in the Marines in fifty years. "Fred Galvin is the real deal. His dramatic retelling of his experience as commander of Fox Company reads like a thriller, full of twists and turns, filled with unassuming heroes and deceitful villains." - Rob Lorenz, Producer/Director, American Sniper, Flags of Our Fathers, Letters from Iwo Jima, Mystic River, The Marksman "Fred Galvin has written a real 'page turner' that demonstrates how politics permeates The Pentagon and posts abroad...I highly recommend this book." - J.D. Hayworth, U.S. House of Representatives (Arizona), TV/Radio Host "This book is a must-read for every American who wants to know why, after twenty long years in Afghanistan, we did not win." - Jessie Jane Duff, USMC, Analyst, CNN and FOX "A Few Bad Men is a must-read story of valor, betrayal, and keeping the Marines' honor clean." - Jed Babbin, USAF Judge Advocate, Deputy Under Secretary of Defense, Journalist, National Review, Washington Post "An incredible account and history of the fighting spirit of the 'Marine Raiders' under fire and the relentless fourteen-year campaign by their leader to clear their names." - Maj. Gen. Paul Vallely, U.S. Army (Ret.), Deputy Commander, U.S. Pacific Command
An Academy Award-nominated actor and a renowned human rights activist team up to change the tragic course of history in the Sudan -- with readers' help. While Don Cheadle was filming Hotel Rwanda, a new crisis had already erupted in Darfur, in nearby Sudan. In September 2004, then-Secretary of State Colin Powell termed the atrocities being committed there "genocide" -- and yet two years later things have only gotten worse. 3.5 million Sudanese are going hungry, 2.5 million have been displaced by violence, and 400,000 have died in Darfur to date. Both shocked and energized by this ongoing tragedy, Cheadle teamed up with leading activist John Prendergast to focus the world's attention. Not on Our Watch, their empowering book, offers six strategies readers themselves can implement: Raise Awareness, Raise Funds, Write a Letter, Call for Divestment, Start an Organization, and Lobby the Government. Each of these small actions can make a huge difference in the fate of a nation, and a people--not only in Darfur, but in other crisis zones such as Somalia, Congo, and northern Uganda.
The first English-language biography of the de facto ruler of the late Ottoman Empire and architect of the Armenian Genocide Talaat Pasha (1874-1921) led the triumvirate that ruled the late Ottoman Empire during World War I and is arguably the father of modern Turkey. He was also the architect of the Armenian Genocide, which would result in the systematic extermination of more than a million people, and which set the stage for a century that would witness atrocities on a scale never imagined. Here is the first biography in English of the revolutionary figure who not only prepared the way for Ataturk and the founding of the republic in 1923, but who shaped the modern world as well. In this explosive book, Hans-Lukas Kieser provides a mesmerizing portrait of a man who maintained power through a potent blend of the new Turkish ethno-nationalism, the political Islam of former Sultan Abdulhamid II, and a readiness to employ radical "solutions" and violence. From Talaat's role in the Young Turk Revolution of 1908 to his exile from Turkey and assassination--a sensation in Weimar Germany-Kieser restores the Ottoman drama to the heart of world events. He shows how Talaat wielded far more power than previously realized, making him the de facto ruler of the empire. He brings wartime Istanbul vividly to life as a thriving diplomatic hub, and reveals how Talaat's cataclysmic actions would reverberate across the twentieth century. In this major work of scholarship, Kieser tells the story of the brilliant and merciless politician who stood at the twilight of empire and the dawn of the age of genocide.
The 1904 war that broke out in present day Namibia after the Herero tribe rose against an oppressive colonial regime--and the German army's brutal suppression of that uprising--are the focus of this collection of essays. Exploring the annihilation of both the Herero and Nama people, this selection from prominent researchers of German imperialism considers many aspects of the war and shows how racism, concentration camps, and genocide in the German colony foreshadow Hitler's Third Reich war crimes.
On 24th April 2015 people around the world commemorated the centenary of the death of over one million Armenians. In their eyes, and in those of many around the world, they will be remembering a genocide perpetrated by the Ottoman Empire. Turkey has always explained the dead as simply victims of a vicious civil war, and continues to this day to refuse to acknowledge the events as constituting genocide.This argument has become, in turn, an international issue. Twenty national parliaments in democratic countries have voted to recognise the genocide, but Britain and the USA continue to equivocate for fear, it would seem, of alienating their NATO ally.In this seminal book, Geoffrey Robertson QC, a former UN appeals judge, sets out to prove beyond all reasonable doubt that the massacres and deportations were a crime against humanity which amounted to genocide.
What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial (for example the solitary, headphone-wearing defendant at the Hague listening with intent to a catalogue of charges) with ?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and archival documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of ?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science
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.
The Armenian Genocide and the Nazi Holocaust are often thought to be separated by a large distance in time and space. But Stefan Ihrig shows that they were much more connected than previously thought. Bismarck and then Wilhelm II staked their foreign policy on close relations with a stable Ottoman Empire. To the extent that the Armenians were restless under Ottoman rule, they were a problem for Germany too. From the 1890s onward Germany became accustomed to excusing violence against Armenians, even accepting it as a foreign policy necessity. For many Germans, the Armenians represented an explicitly racial problem and despite the Armenians' Christianity, Germans portrayed them as the "Jews of the Orient." As Stefan Ihrig reveals in this first comprehensive study of the subject, many Germans before World War I sympathized with the Ottomans' longstanding repression of the Armenians and would go on to defend vigorously the Turks' wartime program of extermination. After the war, in what Ihrig terms the "great genocide debate," German nationalists first denied and then justified genocide in sweeping terms. The Nazis too came to see genocide as justifiable: in their version of history, the Armenian Genocide had made possible the astonishing rise of the New Turkey. Ihrig is careful to note that this connection does not imply the Armenian Genocide somehow caused the Holocaust, nor does it make Germans any less culpable. But no history of the twentieth century should ignore the deep, direct, and disturbing connections between these two crimes.
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.
The Armistice of Mudros was signed on 30 October 1918 and on the morning of 13 November 1918, a mighty fleet of battleships from Britain, France, Italy and Greece sailed to Istanbul, and dropped anchor without encountering resistance. This day marked the beginning of the end of the Ottoman Empire, a dissolution that would bring great suffering and chaos, but also new opportunities for all Ottomans, Muslim and non-Muslim alike. Drawing upon a previously untouched collection of Armenian and Ottoman Turkish primary sources, Ari Sekeryan considers these understudied post-war years. Examining the Armenian community as they emerged from the aftermath of war and genocide, Sekeryan outlines their shifting political position and the strategies they used to survive this turbulent period. By focusing on the Ottoman Armistice (1918-1923), Sekeryan illuminates an oft-neglected period in history, and develops a new case study for understanding the political reactions of ethnic groups to the fall of empires and nation-states.
Crimes of the Holocaust The Law Confronts Hard Cases Stephan Landsman The problem of prosecuting individuals complicit in the Nazi regime's "Final Solution" is almost insurmountably complex and has produced ever less satisfying results as time has passed. In "Crimes of the Holocaust," Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, each legal action relies on the framework of its predecessors. However, this only compounds the problematic issues arising from the Nuremberg proceedings. Meticulously combing volumes of testimony and documentary information about each case, Landsman offers judicious and critical assessments of the proceedings. He levels pointed criticism at numerous elements of this relatively recent judicial invention, sparing neither judges nor counsel and remaining keenly aware of the human implications. Deftly weaving legal analysis with cultural context, Landsman offers the first rigorous examination of these problematic proceedings and proposes guideposts for contemporary tribunals. "Crimes of the Holocaust" is an authoritative account of the Gordian knot of genocide prosecution in the world courts, which will persist as a confounding issue as we are faced with a trial of Saddam Hussein. This volume will be compelling reading for legal scholars as well as laypersons interested in these cases and the issues they address. Stephan Landsman is Robert A. Clifford Professor of Tort Law and Social Policy at DePaul University. Pennsylvania Studies in Human Rights 2005 320 pages 6 x 9 ISBN 978-0-8122-3847-1 Cloth $59.95s 39.00 ISBN 978-0-8122-0257-1 Ebook $59.95s 39.00 World Rights Law Short copy: Landsman discusses the difficulties inherent in prosecuting crimes against humanity, from the Eichmann trial to Milosevic.
China's mistreatment of its Uyghur minority has drawn international condemnation and sanctions. The repression gripping Xinjiang is also hugely costly to China in Renminbi, personnel, and stifled economic productivity. Despite this, the Chinese Communist Party persists in its policies. Why? Drawing on extensive original data, Potter and Wang demonstrate insecurities about the stability of the regime and its claim to legitimacy motivate Chinese policies. These perceived threats to core interests drive the ferocity of the official response to Uyghur nationalism. The result is harsh repression, sophisticated media control, and selective international military cooperation. China's growing economic and military power means that the country's policies in Xinjiang and Central Asia have global implications. Zero Tolerance sheds light on this problem, informing policymakers, scholars, and students about an emerging global hotspot destined to play a central role in international politics in years to come.
China's mistreatment of its Uyghur minority has drawn international condemnation and sanctions. The repression gripping Xinjiang is also hugely costly to China in Renminbi, personnel, and stifled economic productivity. Despite this, the Chinese Communist Party persists in its policies. Why? Drawing on extensive original data, Potter and Wang demonstrate insecurities about the stability of the regime and its claim to legitimacy motivate Chinese policies. These perceived threats to core interests drive the ferocity of the official response to Uyghur nationalism. The result is harsh repression, sophisticated media control, and selective international military cooperation. China's growing economic and military power means that the country's policies in Xinjiang and Central Asia have global implications. Zero Tolerance sheds light on this problem, informing policymakers, scholars, and students about an emerging global hotspot destined to play a central role in international politics in years to come. |
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