International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.

This comprehensive reference work serves as an important resource for anyone interested in the international prosecution of war crimes and how it has evolved. War Crimes and Trials analyzes the evolution of war crime trials through primary sources. Beginning with a general discussion of why regulations for war have evolved, it then illustrates the resulting changes in the nature and consequences of war as well as attitudes toward war as a part of international life. Moreover, it contextualizes contemporary rules that pertain to both international and non-international armed conflicts. The heart of the book focuses on 12 World War II cases central to the development of war law over the next 50 years, including the Nuremberg and Tokyo trials of major war criminals. It additionally dedicates discussion to the evolution of the law after World War II as set in motion by the United Nations, the 1949 Geneva Conventions and amendments, the background and operation of the ad hoc international criminal courts, and the creation of the permanent International Criminal Court, illustrating problems and successes through 12 cases drawn from these four courts. Walks readers through the evolution of present standards of battlefield conduct Concisely summarizes the background of each war crime trial Shows through testimony how standards have been applied in war crime trials Leads readers to understand the difficulty of international prosecution for war crimes Provides resources for further study

The Vienna Gestapo headquarters was the largest of its kind in the German Reich and the most important instrument of Nazi terror in Austria, responsible for the persecution of Jews, suppression of resistance and policing of forced labourers. Of the more than fifty thousand people arrested by the Vienna Gestapo, many were subjected to torturous interrogation before being either sent to concentration camps or handed over to the Nazi judiciary for prosecution. This comprehensive survey by three expert historians focuses on these victims of repression and persecution as well as the structure of the Vienna Gestapo and the perpetrators of its crimes.

Out of My Great Sorrows is the story of Philadelphia artist Mary Zakarian, whose life and work were shaped by the experiences of her mother, a survivor of the 1915 Armenian Genocide. Written by Mary Zakarian's niece and nephew, the narrative examines the complexities of the artist's life as they relate to many issues, including ethnicity, gender, immigration, and assimilation. Above all this is a story of trauma - its effects on the survivor, its transmission through the generations, and its role in the artistic experience. Zakarian painted obsessively throughout her life. As she gained recognition for her artwork, she became increasingly haunted by her mother's untold story and was driven to express the tragedy of the Armenian Genocide in her art. Zakarian's attempt to deal openly with the issues of trauma and guilt caused conflicts in her relationship with her mother. These emotions became a driving force behind her art as well as the basis for her personal difficulties. By examining Mary Zakarian's life and art, the authors bring new insights to the study of the Armenian experience. This moving story will inspire all those who have struggled to express themselves in the face of injustice and oppression.

Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. The full three-volume treatise addresses the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It is essential reading for practitioners, scholars, and students of international criminal law alike.

Winner, Prix Litteraire Paris-Liege 2021 Winner, French Voices Award for Excellence in Publication and Translation When we speak of mass killers, we may speak of radicalized ideologues, mediocrities who only obey orders, or bloodthirsty monsters. Who are these men who kill on a mass scale? What is their consciousness? Do they not feel horror or compassion? Richard Rechtman's Living in Death offers new answers to a question that has haunted us at least since the Holocaust. For Rechtman, it is not ideologies that kill, but people. This book descends into the ordinary life of people who execute hundreds every day, the same way others go to the office. Bringing philosophical sophistication to the ordinary, the book constitutes an anthropology of mass killers. Turning away from existing psychological and philosophical accounts of genocide's perpetrators, Rechtman instead explores the conditions under which administering death becomes a job like any other. Considering Cambodia, Rwanda, and other mass killings, Living in Death draws on a vast array of archival research, psychological theory, and anecdotes from the author's clinical work with refugees and former participants in genocide. Rechtman mounts a compelling case for reframing and refocusing our attempts to explain-and preempt-acts of mass torture, rape, killing, and extermination. What we must see, Rechtman argues, is that for genocidaires (those who carry out acts that are or approach genocide), there is nothing extraordinary, unusual, or world-historical about their actions. On the contrary, they are preoccupied with the same mundane things that characterize any other job: interactions with colleagues, living conditions, a drink and a laugh at the end of the day. To understand this is to understand how things came to be the way they are-and how they might be different.

Divided societies, tormented pasts, and unrepentant perpetrators. Why are some countries more intent on vanquishing uncomfortable pasts than others? How do public and often unsightly attempts at memorialisation both fail the victims and valorize their oppressors? This book offers fresh and original perspectives on dictatorship, fascism and victimization from the bloodiest decades in Europe's, Australia's and Central America's colonial and modern history. Chapters include analyses of Francoist memorials in Spain, assessments of the El Mozote massacre in El Salvador, the forgetting of frontier colonial violence in Tasmania, Romania's treatment of its Roma populations in the midst of Holocaust memorialization in Bucharest's urban development, and whether or not the Holocaust continues to serve as an instructional model or impossible aspiration for cross-cultural genocide memorialization strategies. In an era of ongoing political, ethnic and religious conflict, and unrepentant insurgent activity around the world, this collection reminds readers that genocidal actions, wherever and whenever they occurred, must be held to account by more than rhetoric and concrete memory. This book was originally published as a special issue of the Journal of Genocide Research.

Slave Labor in Nazi Concentration Camps examines the slave labor carried out by concentration camp prisoners from 1942 and the effect this had on the German wartime economy. This work goes far beyond the sociohistorical 'reconstructions' that dominate Holocaust studies - it combines cultural history with structural history, drawing relationships between social structures and individual actions. It also considers the statements of both perpetrators and victims, and takes the biographical approach as the only possible way to confront the destruction of the individual in the camps after the fact. The first chapter presents a comparative analysis of slave labor across the different concentration camps, including Auschwitz, Buchenwald, and Dachau. The subsequent chapters analyse the similarities and differences between various subcamps where prisoners were utilised for the wartime economy, based on the example of the 86 subcamps of Neuengamme concentration camp, which were scattered across northern Germany. The most significant difference between conditions at the various subcamps was that in some, hardly any prisoners died, while in others, almost half of them did. This work carries out a systematic comparison of the subcamp system, a kind of study which does not exist for any other camp system. This is of great significance, because by the end of the war most concentration camps had placed over 80 percent of their prisoners in subcamps. This work therefore offers a comparative framework that is highly useful for further examinations of National Socialist concentration camps, and may also be of benefit to comparative studies of other camp systems, such as Stalin's gulags.

This is the first book to focus on the two different but very similar campaigns of state-sponsored violence that have engulfed the people of the Nuba Mountains in Sudan. First, between late 1989 and the mid 1990s, the Government of Sudan, under President Omar al Bashir, carried out what some have deemed genocide by attrition against the people of the Nuba Mountains. The second crisis in the Nuba Mountains has been unfolding since July 2011 as the result of continued strife after the civil war in Sudan and the secession of South Sudan.

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Perspectives on the Nuba Mountains Crises "examines the two crises in detail and provides a comparative analysis of the conditions and government tactics in both cases. Contributing authors address the issue of impunity, the relation to subsequent genocidal actions in Darfur, and renewed violence in the Nuba Mountains today. Contributors also examine the issues of humanitarian aid, the relatively new mandate of Responsibility to Protect, and the various factors influencing international attention to the current Nuba Mountains crisis.

This much-needed volume brings attention to two under-researched conflicts and raises questions of what it means when a government is allowed complete impunity in attacking its own peoples. This book is a significant contribution to our understanding of the prevention and intervention of genocide and ethnic conflict.

Perpetrator Cinema explores a new trend in the cinematic depiction of genocide that has emerged in Cambodian documentary in the late twentieth- and early twenty-first centuries. While past films documenting the Holocaust and genocides in Yugoslavia, Rwanda, and elsewhere have focused on collecting and foregrounding the testimony of survivors and victims, the intimate horror of the autogenocide enables post-Khmer Rouge Cambodian documentarians to propose a direct confrontation between the first-generation survivor and the perpetrator of genocide. These films break with Western tradition and disrupt the political view that reconciliation is the only legitimate response to atrocities of the past. Rather, transcending the perpetrator's typical denial or partial confession, this extraordinary form of "duel" documentary creates confrontational tension and opens up the possibility of a transformation in power relations, allowing viewers to access feelings of moral resentment. Raya Morag examines works by Rithy Panh, Rob Lemkin and Thet Sambath, and Lida Chan and Guillaume Suon, among others, to uncover the ways in which filmmakers endeavor to allow the survivors' moral status and courage to guide viewers to a new, more complete understanding of the processes of coming to terms with the past. These documentaries show how moral resentment becomes a way to experience, symbolize, judge, and finally incorporate evil into a system of ethics. Morag's analysis reveals how perpetrator cinema provides new epistemic tools and propels the recent social-cultural-psychological shift from the era of the witness to the era of the perpetrator.

From the years leading up to the First World War to the aftermath of the Second, Europe experienced an era of genocide. As well as the Holocaust, this period also witnessed the Armenian genocide in 1915, mass killings in Bolshevik and Stalinist Russia, and a host of further ethnic cleansings in Anatolia, the Balkans, and Eastern Europe. Crisis of Genocide seeks to integrate these genocidal events into a single, coherent history. Over two volumes, Mark Levene demonstrates how the relationship between geography, nation, and power came to play a key role in the emergence of genocide in a collapsed or collapsing European imperial zone - the Rimlands - and how the continuing geopolitical contest for control of these Eastern European or near-European regions destabilised relationships between diverse and multifaceted ethnic communities who traditionally had lived side by side. An emergent pattern of toxicity can also be seen in the struggles for regional dominance as pursued by post-imperial states, nation-states, and would-be states. Volume I: Devastation covers the period from 1912 to 1938. It is divided into two parts, the first associated with the prelude to, actuality of, and aftermath of the Great War and imperial collapse, the second the period of provisional 'New Europe' reformulation as well as post-imperial Stalinist, Nazi - and Kemalist - consolidation up to 1938. Levene also explores the crystallisation of truly toxic anti-Jewish hostilities, the implication being that the immediate origins of the Jewish genocides in the Second World War are to be found in the First.

The first-born son of his generation, Peter Balakian grew up in a close, extended family, sheltered by 1950s and '60s New Jersey suburbia and immersed in an all-American boyhood defined by rock 'n' roll, adolescent pranks, and a passion for the New York Yankees that he shared with his beloved grandmother. But beneath this sunny world lay the dark specter of the trauma his family and ancestors had experienced--the Turkish government's extermination of more than a million Armenians in 1915, including many of Balakian's relatives, in the century's first genocide.
In elegant, moving prose, Black Dog of Fate charts Balakian's growth and personal awakening to the facts of his family's history and the horrifying aftermath of the Turkish government's continued campaign to cover up one of the worst crimes ever committed against humanity. In unearthing the secrets of a family's past and how they affect its present, "Black Dog of Fate gives fresh meaning to the story of what it means to be an American.

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.

The first comprehensive monograph on the defence of superior orders after the second world war, which remains pre-eminent in the field, the republication of this highly-sophisticated work once again makes this book available to scholars and students in the field. First published in 1965, Yoram Dinstein set the standard for future analysis of this issue, providing a ground-breaking interpretation that integrated domestic and international law to provide a subtle and nuanced challenge to the countervailing perceptions of the time, shaped as they were by the Nuremburg and Eichmann trials. The recent jurisprudence of the ad hoc Tribunals has shown remarkably similar analyses to those offered by Dinstein in this book, demonstrating that this key work remains relevant today. Reviewing the relevant precedents that existed at the time, this book shows that superior orders were not, in and of themselves, a defence, but that orders were relevant to other defences, and therefore should not be entirely ignored. Assessing the issue on a conceptual and practical level, and offering an extraordinary level of detail, this is a is a seminal work in international criminal law. It makes required reading for scholars, students, and practitioners of international criminal 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 volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted.
The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials.
As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.

This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable.
By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defense of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.

Rwanda's Gacaca Courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice.
This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book is the first to provide a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.

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.

It is twenty-five years since the 1994 genocide of the Tutsi of Rwanda when in the course of three terrible months more than 1 million people were murdered. In the intervening years a pernicious campaign has been waged by the perpetrators to deny this crime, with attempts to falsify history and blame the victims for their fate. Facts are reversed, fake news promulgated, and phoney science given credence. Intent to Deceive tells the story of this campaign of genocide denial from its origins with those who planned the massacres. With unprecedented access to government archives including in Rwanda Linda Melvern explains how, from the moment the killers seized the power of the state, they determined to distort reality of events. Disinformation was an integral part of their genocidal conspiracy. The genocidaires and their supporters continue to peddle falsehoods. These masters of deceit have found new and receptive audiences, have fooled gullible journalists and unwary academics. With their seemingly sound research methods, the Rwandan genocidaires continue to pose a threat, especially to those who might not be aware of the true nature of their crime. The book is a testament to the survivors who still live the horrors of the past. Denial causes them the gravest offence and ensures that the crime continues. This is a call for justice that remains perpetually delayed.

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.