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'.

This book explores the memory and representation of genocide as they affect individuals, communities and families, and artistic representations. It brings together a variety of disciplines from public health to philosophy, anthropology to architecture, offering readers interdisciplinary and international insights into one of the most important challenges in the 21st century. The book begins by describing the definitions and concepts of genocide from historical and philosophical perspectives. Next, it reviews memories of genocide in bodies and in societies as well as genocide in memory through lives, mental health and transgenerational effects. The book also examines the ways genocide has affected artistic works. From poetry to film, photography to theatre, it explores a range of artistic approaches to help demonstrate the heterogeneity of representations. This book provides a comprehensive and wide-ranging assessment of the many ways genocide has been remembered and represented. It presents an ideal foundation for understanding genocide and possibly preventing it from occurring again.

This book explores how photography and documentary film have participated in the representation of the 1994 genocide in Rwanda and its aftermath. This in-depth analysis of professional and amateur photography and the work of Rwandan and international filmmakers offers an insight into not only the unique ability of images to engage with death, memory and the need for evidence, but also their helplessness and inadequacy when confronted with the enormity of the event. Focusing on a range of films and photographs, the book tests notions of truth, evidence, record and witnessing - so often associated with documentary practice - in the specific context of Rwanda and the wider representational framework of African conflict and suffering. Death, Image, Memory is an inquiry into the multiple memorial and evidentiary functions of images that transcends the usual investigations into whether photography and documentary film can reliably attest to the occurrence and truth of an event.

Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified the imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho argues, continues to directly inform the ideology used to justify the Guantanamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state.

Sheds new light on the mistreatment of downed airmen during World War II and the overall relationship between the air war and state-sponsored violence. Throughout the vast expanse of the Pacific, the remoteness of Southeast Asia, and the rural and urban communities in Nazi-occupied Europe, more than 120,000 American airmen were shot down over enemy territory during World War II, thousands of whom were mistreated and executed. The perpetrators were not just solely fanatical soldiers or Nazi zealots but also ordinary civilians triggered by the death and devastation inflicted by the war. In Forgotten Casualties, author Kevin T Hall examines Axis violence inflicted on downed Allied airmen during this global war. Compared with all other armed conflicts, World War II exhibited the most widespread and ruthless violence committed against airmen. Flyers were deemed guilty because of their association with the Allied air forces, and their fate remained in the hands of their often-hostile captors. Axis citizens angered by the devastation inflicted by the war, along with the regimes’ consent and often encouragement of citizens to take matters into their own hands, resulted in thousands of Allied flyers’ being mistreated and executed by enraged civilians. Written to help advance the relatively limited discourse on the mistreatment against flyers in World War II, Forgotten Casualties is the first book to analyze the Axis violence committed against Allied airmen in a comparative, international perspective. Effectively comparing and contrasting the treatment of POWs in Germany with that of their counterparts in Japan, Hall’s thorough analysis of rarely seen primary and secondary sources sheds new light on the largely overlooked complex relationship among the air war, propaganda, the role of civilians, and state-sponsored terror during the radicalized conflict. Sources include postwar trial testimonies, Missing Air Crew Reports (MACR), Escape and Evasion reports, perpetrators’ explanations and rationalizations for their actions, extensive judicial sources, transcripts of court proceedings, autopsy reports, appeals for clemency, and justifications for verdicts. Drawing heavily on airmen’s personal accounts and the testimonies of both witnesses and perpetrators from the postwar crimes trials, Forgotten Casualties offers a new narrative of this largely overlooked aspect of Axis violence.

Far from the image of an apolitical, "clean" Wehrmacht that persists in popular memory, German soldiers regularly cooperated with organizations like the SS in the abuse and murder of countless individuals during the Second World War. This in-depth study demonstrates that a key factor in the criminalization of the Wehrmacht was the intense political indoctrination imposed on its members. At the instigation of senior leadership, many ordinary German soldiers and officers became ideological warriors who viewed their enemies in racial and political terms-a project that was but one piece of the broader effort to socialize young men during the Nazi era.

This book examines expectations for justice in transitional societies and how stakeholder expectations are ignored, marginalized and co-opted by institutions in the wake of conflict. Focusing on institutions that have adopted international criminal trials, the authors encourage us to ask not only whether expectations are appropriate to institutions, but whether institutions are appropriate expectations. Drawing upon a wide variety of sources, this volume demonstrates that a profound 'expectation gap' - the gap between anticipated and likely outcomes of justice - exists in transitional justice systems and processes. This 'expectation gap' requires that the justice goals of local communities be managed accordingly. In proposing a perspective of enhanced engagement, the authors argue for greater compromise in the expectations, goals and design of transitional justice. This book will constitute an important and valuable resource for students of scholars of transitional justice as well as practitioners, particularly with regards to the design of transitional justice responses.

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court's strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute's provisions and its practical implementation through States' practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC's judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

This book introduces a new and original sociological conceptualization of compromise after conflict and is based on six-years of study amongst victims of conflict in Northern Ireland, South Africa and Sri Lanka, with case studies from Sierra Leone and Colombia. A sociological approach to compromise is contrasted with approaches in Moral and Political Philosophy and is evaluated for its theoretical utility and empirical robustness with in-depth interview data from victims of conflicts around the globe. The individual chapters are written to illustrate, evaluate and test the conceptualization using the victim data, and an afterword reflects on the new empirical agenda in victim research opened up by a sociological approach to compromise. This volume is part of a larger series of works from a programme advancing a sociological approach to peace processes with a view to seeing how orthodox approaches within International Relations and Political Science are illuminated by the application of the sociological imagination.

This book uses in-depth interview data with victims of conflict in Northern Ireland, South Africa and Sri Lanka to offer a new, sociological conceptualization of everyday life peacebuilding. It argues that sociological ideas about the nature of everyday life complement and supplement the concept of everyday life peacebuilding recently theorized within International Relations Studies (IRS). It claims that IRS misunderstands the nature of everyday life by seeing it only as a particular space where mundane, routine and ordinary peacebuilding activities are accomplished. Sociology sees everyday life also as a mode of reasoning. By exploring victims' ways of thinking and understanding, this book argues that we can better locate their accomplishment of peacebuilding as an ordinary activity. The book is based on six years of empirical research in three different conflict zones and reports on a wealth of interview data to support its theoretical arguments. This data serves to give voice to victims who are otherwise neglected and marginalized in peace processes.

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.

Winner of the 2016 Los Angeles Times Book Award for History New York Times Book Review Editors' Choice "Gruesomely thorough. . . . Others have described some of these campaigns, but never in such strong terms and with so much blame placed directly on the United States government."-Alexander Nazaryan, Newsweek Between 1846 and 1873, California's Indian population plunged from perhaps 150,000 to 30,000. Benjamin Madley is the first historian to uncover the full extent of the slaughter, the involvement of state and federal officials, the taxpayer dollars that supported the violence, indigenous resistance, who did the killing, and why the killings ended. This deeply researched book is a comprehensive and chilling history of an American genocide. Madley describes pre-contact California and precursors to the genocide before explaining how the Gold Rush stirred vigilante violence against California Indians. He narrates the rise of a state-sanctioned killing machine and the broad societal, judicial, and political support for genocide. Many participated: vigilantes, volunteer state militiamen, U.S. Army soldiers, U.S. congressmen, California governors, and others. The state and federal governments spent at least $1,700,000 on campaigns against California Indians. Besides evaluating government officials' culpability, Madley considers why the slaughter constituted genocide and how other possible genocides within and beyond the Americas might be investigated using the methods presented in this groundbreaking book.

Historical research into the Armenian Genocide has grown tremendously in recent years, but much of it has focused on large-scale questions related to Ottoman policy or the scope of the killing. Consequently, surprisingly little is known about the actual experiences of the genocide's victims. Daily Life in the Abyss illuminates this aspect through the intertwined stories of two Armenian families who endured forced relocation and deprivation in and around modern-day Syria. Through analysis of diaries and other source material, it reconstructs the rhythms of daily life within an often bleak and hostile environment, in the face of a gradually disintegrating social fabric.

Scholars have devoted considerable energy to understanding the history of ethnic cleansing in Europe, reconstructing specific events, state policies, and the lived experiences of victims. Yet much less attention has been given to how these incidents persist in collective memory today. This volume brings together interdisciplinary case studies conducted in Central and Eastern European cities, exploring how present-day inhabitants "remember" past instances of ethnic cleansing, and how they understand the cultural heritage of groups that vanished in their wake. Together these contributions offer insights into more universal questions of collective memory and the formation of national identity.

Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.

An incisive look at the causes and consequences of the Rwandan genocide "When we captured Kigali, we thought we would face criminals in the state; instead, we faced a criminal population." So a political commissar in the Rwanda Patriotic Front reflected after the 1994 massacre of as many as one million Tutsis in Rwanda. Underlying his statement was the realization that, though ordered by a minority of state functionaries, the slaughter was performed by hundreds of thousands of ordinary citizens, including judges, doctors, priests, and friends. Rejecting easy explanations of the Rwandan genocide as a mysterious evil force that was bizarrely unleashed, When Victims Become Killers situates the tragedy in its proper context. Mahmood Mamdani coaxes to the surface the historical, geographical, and political forces that made it possible for so many Hutus to turn so brutally on their neighbors. In so doing, Mamdani usefully broadens understandings of citizenship and political identity in postcolonial Africa and provides a direction for preventing similar future tragedies.

Using a new approach to ethnicity that underscores its relative territoriality, H. Zeynep Bulutgil brings together previously separate arguments that focus on domestic and international factors to offer a coherent theory of what causes ethnic cleansing. The author argues that domestic obstacles based on non-ethnic cleavages usually prevent ethnic cleansing whereas territorial conflict triggers this policy by undermining such obstacles. The empirical analysis combines statistical evaluation based on original data with comprehensive studies of historical cases in Central and Eastern Europe, as well as Bosnia, in the 1990s. The findings demonstrate how socio-economic cleavages curb radical factions within dominant groups whereas territorial wars strengthen these factions and pave the way for ethnic cleansing. The author further explores the theoretical and empirical extensions in the context of Africa. Its theoretical novelty and broad empirical scope make this book highly valuable to scholars of comparative and international politics alike.

This book investigates what impact gender equality has on genocide in Africa, to verify whether it is a missing indicator from current risk assessments and models for genocide prevention. Examining whether States characterised by lower levels of gender equality are more likely to experience genocide, Timmoneri adds gender indicators to the existing early warning assessment for the prevention of genocide. Moreover, the book argues for the formulation of policies directed at the improvement of gender equality not just as a means to improve women's conditions but as a tool to reduce the risk of genocide and mass atrocities. Using case studies from Nigeria, Ethiopia, Angola, Uganda, and Burundi, Timmoneri analyses recent atrocities and explores the role of gender equality as an indicator of potential genocide. Gender Equality and Genocide Prevention in Africa will be of interest to students and scholars of political science, genocide studies, and gender studies.

In Buried in the Heart, Erin Baines explores the political agency of women abducted as children by the Lord's Resistance Army in northern Uganda, forced to marry its commanders, and to bear their children. Introducing the concept of complex victimhood, she argues that abducted women were not passive victims, but navigated complex social and political worlds that were life inside the violent armed group. Exploring the life stories of thirty women, Baines considers the possibilities of storytelling to reclaim one's sense of self and relations to others, and to generate political judgement after mass violence. Buried in the Heart moves beyond victim and perpetrator frameworks prevalent in the field of transitional justice, shifting the attention to stories of living through mass violence and the possibilities of remaking communities after it. The book contributes to an overlooked aspect of international justice: women's political agency during wartime.

Hypocrisy and Human Rights examines what human rights pressure does when it does not work. Repressive states with absolutely no intention of complying with their human rights obligations often change course dramatically in response to international pressure. They create toothless commissions, permit but then obstruct international observers' visits, and pass showpiece legislation while simultaneously bolstering their repressive capacity. Covering debates over transitional justice in Sri Lanka, Myanmar, Cambodia, Democratic Republic of the Congo, and other countries, Kate Cronin-Furman investigates the diverse ways in which repressive states respond to calls for justice from human rights advocates, UN officials, and Western governments who add their voices to the victims of mass atrocities to demand accountability. She argues that although international pressure cannot elicit compliance in the absence of domestic motivations to comply, the complexity of the international system means that there are multiple audiences for both human rights behavior and advocacy and that pressure can produce valuable results through indirect paths.

A Hundred Days of Carnage, Twenty-Five Years of Rebirth In the space of a hundred days, a million Tutsi in Rwanda were slaughtered by their Hutu neighbors. At the height of the genocide, as men with bloody machetes ransacked her home, Denise Uwimana gave birth to her third son. With the unlikely help of Hutu Good Samaritans, she and her children survived. Her husband and other family members were not as lucky. If this were only a memoir of those chilling days and the long, hard road to personal healing and freedom from her past, it would be remarkable enough. But Uwimana didn't stop there. Leaving a secure job in business, she devoted the rest of her life to restoring her country by empowering other genocide widows to band together, tell their stories, find healing, and rebuild their lives. The stories she has uncovered through her work and recounted here illustrate the complex and unfinished work of truth-telling, recovery, and reconciliation that may be Rwanda's lasting legacy. Rising above their nation's past, Rwanda's genocide survivors are teaching the world the secret to healing the wound of war and ethnic conflict. Includes 16 pages of color photographs.

The aftermath of modern conflicts, deeply rooted in political, economic and social structures, leaves pervasive and often recurring legacies of violence. Addressing past injustice is therefore fundamental not only for societal well-being and peace, but also for future conflict prevention. In recent years, truth and reconciliation commissions have become important but contentious mechanisms for conflict resolution and reconciliation. This book fills a significant gap, examining the importance of context within transitional justice and peace-building. It lays out long-term and often unexpected indirect effects of formal and informal justice processes. Offering a novel conceptual understanding of 'procedural reconciliation' on the societal level, it features an in-depth study of commissions in Peru and Sierra Leone, providing a critical analysis of the contribution and challenges facing transitional justice in post-conflict societies. It will be of interest to scholars and students of comparative politics, international relations, human rights and conflict studies.

Following times of great conflict and tragedy, many countries implement programs and policies of transitional justice, none more extensive than in post-genocide Rwanda. Placing Rwanda's transitional justice initiatives in their historical and political context, this book examines the project undertaken by the post-genocide government to shape the collective memory of the Rwandan population, both through political and judicial reforms but also in public commemorations and memorials. Drawing on over two decades of field research in Rwanda, Longman uses surveys and comparative local case studies to explore Rwanda's response both at a governmental and local level. He argues that despite good intentions and important innovations, Rwanda's authoritarian political context has hindered the ability of transnational justice to bring the radical social and political transformations that its advocates hoped. Moreover, it continues to heighten the political and economic inequalities that underline ethnic divisions and are an important ongoing barrier to reconciliation.