This book examines the use of national and international law to prosecute Nazi crimes, the centerpiece of twentieth-century state-sponsored genocide and mass murder crimes, the paradigmatic instance of state-sponsored criminality and genocide in the twentieth century. In its various essays, the contributors reconstruct the historical historical setting of the crimes committed under the aegis of the Nazi regime and examine why postwar adjudication took place only within limits, within the national and international judicial forums responsible for prosecuting perpetrators. The topics discussed include the impact of the Nazi justice system on postwar justice, postwar legal proceedings against those who committed war crimes and genocide, the work of the Nuremberg tribunal and Allied trials, and judicial investigations and prosecutions in East Germany, West Germany, and Austria. They span the postwar period up to contemporary US legal efforts to deport Nazi criminals within its borders and libel trials against Holocaust denials in London and Canadian courts and libel suits brought by Holocaust deniers in British and Canadian courts.

During the twentieth century, witnessing grew to be not just a widespread solution for coping with political atrocities but also an intricate problem. As the personal experience of victims, soldiers, and aid workers acquired unparalleled authority as a source of moral and political truth, the capacity to generate adequate testimonies based on this experience was repeatedly called into question. Michal Givoni's book follows the trail of the problems, torments, and crises that became commingled with witnessing to genocide, disaster, and war over the course of the twentieth century. By juxtaposing episodes of reflexive witnessing to the Great War, the Jewish Holocaust, and third world emergencies, The Care of the Witness explores the shifting roles and responsibilities of witnesses in history and the contribution that the troubles of witnessing made to the ethical consolidation of the witness as the leading figure of nongovernmental politics.

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.

During and after World War I, over one million Ottoman Greeks were expelled from Turkey, a watershed moment in Greek history that resulted in hundreds of thousands of deaths. And while few dispute the expulsion's tragic scope, it remains the subject of fierce controversy, as activists have fought for international recognition of an atrocity they consider comparable to the Armenian genocide. This book provides a much-needed analysis of the Greek genocide as cultural trauma. Neither taking the genocide narrative for granted nor dismissing it outright, Erik Sjoeberg instead recounts how it emerged as a meaningful but contested collective memory with both nationalist and cosmopolitan dimensions.

This comprehensive four-volume compilation presents seminal works from leading authors on the use of force and armed conflict, beginning with detailed analysis of the prohibition of forcible intervention, including interpretation of the rule and notable exceptions to it. In addition, the collection offers a wealth of important material on the law of armed conflict in connection with its foundations, applicability, sources, substance, practical application, and implementation. Together with an original introduction by the editors, the collection provides a thorough grounding in the law relating to the initial use of force and subsequent armed conflict, and is an essential source of reference for practitioners, academics and students alike.

This text is one of the few surviving eyewitness sources on the Assyrian genocide, written by a seminarian living in greater Tur Abdin (the southeast of today's Turkish state). The perspective is one that is little known and less discussed. Translated and annotated by a master of Syriac with an in-depth knowledge of modern Assyrian history, this text creates a unique opportunity for new and progressive scholarship. The Assyrian genocide is one of the forgotten atrocities of the 20th century. The physical destruction was but one element; it also caused demographic shifts, loss of territory, generational trauma and linguicide, along with cultural genocide/ethnocide and identity erosion.

The U.S.-Dakota War, the bloodiest Indian war of the 19th century, erupted in southwestern Minnesota during the the summer of 1862. In the war's aftermath, a hastily convened commission of five army officers conducted trials of 391 Indians charged with murder and massacre. In 36 days, 303 Dakota men were sentenced to death. In the largest simultaneous execution in American history, 38 were hanged on a single gallows on December 26, 1862-an incident now widely considered an act of revenge rather than judicial punishment. Providing fresh insight into this controversial event, this book examines the Dakota War trials from the perspective of 19th century military law. The author discusses the causes and far-reaching consequences of the war, claims of widespread atrocities, the modern debate over the role of culture in lawful warfare and how the war has been depicted by historians.

Hilary Weston Writers' Trust Prize for Nonfiction — Shortlisted On April 5, 1999, Serbian police found a truck half-submerged in the Danube River. When they looked inside, they found it filled with human bodies. Following orders, they hid the truck and its contents. Two weeks later, on the other side of Serbia, the same thing happened. The full picture would only emerge years later, when the International Criminal Tribunal for the Former Yugoslavia investigated and prosecuted the chief architects of the ethnic cleansing of Kosovo. These cases, which formally came to a close in 2014, exposed a secret campaign to hide terrible crimes by transporting and concealing the bodies of the dead. In Tell It to the World, Eliott Behar, a former war crimes prosecutor, tells the true story of what unfolded. He examines the causes and consequences of mass violence, identifying a powerful and disturbing connection between the justice we seek and the injustices we commit.

Why did the Armenian genocide erupt in Turkey in 1915, only seven years after the Armenian minority achieved civil equality for the first time in the history of the Ottoman Empire? How can we explain the Rwandan genocide occurring in 1994, after decades of relative peace and even cooperation between the Hutu majority and the Tutsi minority? Addressing the question of how the risk of genocide develops over time, On the Path to Genocide contributes to a better understand why genocide occurs when it does. It provides a comprehensive and comparative historical analysis of the factors that led to the 1915 Armenian genocide and the 1994 genocide in Rwanda, using fresh sources and perspectives that yield new insights into the history of the Armenian and Rwandan peoples. Finally, it also presents new research into constraints that inhibit genocide, and how they can be utilized to attempt the prevention of genocide in the future.

This is the first book to examine and compare how rebels govern civilians during civil wars in Latin America, Africa, Asia, and Europe. Drawing from a variety of disciplinary traditions, including political science, sociology, and anthropology, the book provides in-depth case studies of specific conflicts as well as comparative studies of multiple conflicts. Among other themes, the book examines why and how some rebels establish both structures and practices of rule, the role of ideology, cultural, and material factors affecting rebel governance strategies, the impact of governance on the rebel/civilian relationship, civilian responses to rebel rule, the comparison between modes of state and non-state governance to rebel attempts to establish political order, the political economy of rebel governance, and the decline and demise of rebel governance attempts.

Defined by deliberation about the difference between right and wrong, encouragement not to be indifferent toward that difference, resistance against what is wrong, and action in support of what is right, ethics is civilization's keystone. The Failures of Ethics concentrates on the multiple shortfalls and shortcomings of thought, decision, and action that tempt and incite us human beings to inflict incalculable harm. Absent the overriding of moral sensibilities, if not the collapse or collaboration of ethical traditions, the Holocaust, genocide, and other mass atrocities could not have happened. Although these catastrophes do not pronounce the death of ethics, they show that ethics is vulnerable, subject to misuse and perversion, and that no simple reaffirmation of ethics, as if nothing disastrous had happened, will do. Moral and religious authority has been fragmented and weakened by the accumulated ruins of history and the depersonalized advances of civilization that have taken us from a bloody twentieth century into an immensely problematic twenty-first. What nevertheless remain essential are spirited commitment and political will that embody the courage not to let go of the ethical but to persist for it in spite of humankind's self-inflicted destructiveness. Salvaging the fragmented condition of ethics, this book shows how respect and honor for those who save lives and resist atrocity, deepened attention to the dead and to death itself, and appeals for human rights and renewed spiritual sensitivity confirm that ethics contains and remains an irreplaceable safeguard against its own failures.

When World War I began, Karnig Panian was only five years old, living among his fellow Armenians in the Anatolian village of Gurin. Four years later, American aid workers found him at an orphanage in Antoura, Lebanon. He was among nearly 1,000 Armenian and 400 Kurdish children who had been abandoned by the Turkish administrators, left to survive at the orphanage without adult care. This memoir offers the extraordinary story of what he endured in those years-as his people were deported from their Armenian community, as his family died in a refugee camp in the deserts of Syria, as he survived hunger and mistreatment in the orphanage. The Antoura orphanage was another project of the Armenian genocide: its administrators, some benign and some cruel, sought to transform the children into Turks by changing their Armenian names, forcing them to speak Turkish, and erasing their history. Panian's memoir is a full-throated story of loss, resistance, and survival, but told without bitterness or sentimentality. His story shows us how even young children recognize injustice and can organize against it, how they can form a sense of identity that they will fight to maintain. He paints a painfully rich and detailed picture of the lives and agency of Armenian orphans during the darkest days of World War I. Ultimately, Karnig Panian survived the Armenian genocide and the deprivations that followed. Goodbye, Antoura assures us of how humanity, once denied, can be again reclaimed.

Radovan Karadzic, leader of the Bosnian Serb nationalists during the Bosnian War (1992-5), stands accused of genocide and other crimes of war before the International Criminal Tribunal for the former Yugoslavia in The Hague. This book traces the origins of the extreme violence of the war to the utopian national aspirations of the Serb Democratic Party and Karadzic's personal transformation from an unremarkable family man to the powerful leader of the Bosnian Serb nationalists. Based on previously unused documents from the tribunal's archives and many hours of Karadzic's cross-examination at his trial, the author shows why and how the Bosnian Serb leader planned and directed the worst atrocities in Europe since the Second World War. This book provocatively argues that postcommunist democracy was a primary enabler of mass atrocities because it provided the means to mobilize large numbers of Bosnian Serbs for the campaign to eliminate non-Serbs from conquered land.

Racism, race hygiene, eugenics, and their histories have for a long time been studied in terms of individual countries, whether genocidal ideology in Nazi Germany or scientific racial theories in the United States. As this study demonstrates, however, eugenic racial policy and scientific racism alike had a strongly international dimension. Concepts such as a 'Racial Confederation of European Peoples' or a 'blonde internationalism' marked the thinking and the actions of many eugenicists, undergirding transnational networks that persist even today. Author Stefan Kuhl provides here a historical foundation for this phenomenon, contextualizing the international eugenics movement in relation to National Socialist race policies and showing how intensively eugenicists worked to disseminate their beliefs throughout the world.

European colonial conquest included many instances of indigenous peoples being exterminated. Cases where invading commercial stock farmers clashed with hunter-gatherers were particularly destructive, often resulting in a degree of dispossession and slaughter that destroyed the ability of these societies to reproduce themselves. The experience of aboriginal peoples in the settler colonies of southern Africa, Australia, North America, and Latin America bears this out. The frequency with which encounters of this kind resulted in the annihilation of forager societies raises the question of whether these conflicts were inherently genocidal, an issue not yet addressed by scholars in a systematic way.

The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. Courts in Conflict makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. Although Rwanda's post-genocide criminal courts are compatible in law, an interpretive cultural analysis shows how and why they have often conflicted in practice. The author's research is derived from 182 interviews with judges, lawyers, and a group of witnesses and suspects within all three of the post-genocide courts. This rich empirical material shows that the judges and lawyers inside each of the courts offer notably different interpretations of Rwanda's transitional justice processes, illuminating divergent legal cultures that help explain the constraints on the courts' effective cooperation and evidence gathering. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through increased communication among the different sites of justice, fostering legal cultures of complementarity that can more effectively respond to the needs of affected populations.

This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

The destruction of the Armenians of the Ottoman Empire in 1915-16 was a brutal mass crime that prefigured other genocides in the 20th century. By various estimates, more than a million Armenians were killed and the survivors were scattered across the world. Although it is now a century old, the issue of what most of the world calls the Armenian Genocide of 1915 has not been consigned to history. It is a live and divisive political issue that mobilizes Armenians across the world, touches the identity and politics of modern Turkey, and has consumed the attention of U.S. politicians for years.
In Great Catastrophe, the eminent scholar and reporter Thomas de Waal looks at the changing narratives and politics of the Armenian Genocide and tells the story of recent efforts by courageous Armenians, Kurds, and Turks to come to terms with the disaster as Turkey enters a new post-Kemalist era. The story of what happened to the Armenians in 1915-16 is well-known. Here we are told the much less well-known story of what happened to Armenians, Kurds, and Turks in its aftermath. First Armenians were divided between the Soviet Union and a worldwide diaspora, with different generations and communities of Armenians constructing new identities, while bitter intra-Armenian quarrels sometimes broke out into violence. In Turkey, the Armenian issue was initially forgotten and suppressed, only to return to the political agenda in the context of the Cold War, an outbreak of Armenian terrorism in the 1970s and the growth of modern "identity politics" in the age of genocide-consciousness. In the last decade, Turkey has begun to confront its taboos and finally face up to the Armenian issue. New, more sophisticated histories are being written of the deportations of 1915, now with the collaboration of Turkish scholars. In Turkey itself there has been an astonishing revival of oral history, with tens of thousands of people coming out of the shadows to reveal a long-suppressed Armenian identity. However, a normalization process between the Armenian and Turkish states broke down in 2010.
Drawing on archival sources, reportage and moving personal stories, de Waal tells the full story of Armenian-Turkish relations since the Genocide in all its extraordinary twists and turns. He strips away the propaganda to look both at the realities of a terrible historical crime and also the divisive "politics of genocide" it produced. The book throws light not only on our understanding of Armenian-Turkish relations but also of how mass atrocities and historical tragedies shape contemporary politics.

On 18 August 1572, Paris hosted the lavish wedding of Marguerite de Valois and Henri de Navarre, which was designed to seal the reconciliation of France's Catholics and Protestants. Only six days later, the execution of the Protestant leaders on the orders of the king's council unleashed a vast massacre by Catholics of thousands of Protestants in Paris and elsewhere. Why was the celebration of concord followed so quickly by such unrestrained carnage? Now in paperback for the first time, Arlette Jouanna's new reading of the most notorious massacre in early modern European history rejects most of the established accounts, especially those privileging conspiracy, in favour of an explanation based on ideas of reason of state. The Massacre stimulated reflection on royal power, the limits of authority and obedience, and the danger of religious division for France's political traditions. Based on extensive research and a careful examination of existing interpretations, this book is the most authoritative analysis of a shattering event. -- .

Fateful Triangle is Noam Chomsky's seminal work on Mideast politics. In the updated edition of this classic book, with a new introduction by Chomsky, readers seeking to understand the Middle East and U.S. foreign policy today will find an invaluable tool.

Covering the period from 1878-1915, Ottomans and Armenians is a military history of the Ottoman army and the counterinsurgency campaigns it waged in the last days of the Ottoman empire. Although Ottomans were among the most active practitioners of counterinsurgency campaigning in the late-nineteenth and early-twentieth centuries, in the vast literature available on counterinsurgency in the early twenty-first century, there is very little scholarly analysis of how Ottomans reacted to insurgency and then went about counterinsurgency. This book presents the thesis that the Ottoman government developed an evolving, 35-year, empire-wide array of counterinsurgency practices that varied in scope and execution depending on the strategic importance of the affected provinces.

This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

This book presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the US Constitution guarantees and to whom. The reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. This book is meant for those who seek to understand the issues that have dominated the search for balance between justice and security in the war on terror.

From videos of rights violations, to satellite images of environmental degradation, to eyewitness accounts disseminated on social media, human rights practitioners have access to more data today than ever before. To say that mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice would be an understatement. Modern technology - and the enhanced access it provides to information about abuse - has the potential to revolutionise human rights reporting and documentation, as well as the pursuit of legal accountability. However, these new methods for information gathering and dissemination have also created significant challenges for investigators and researchers. For example, videos and photographs depicting alleged human rights violations or war crimes are often captured on the mobile phones of victims or political sympathisers. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected, or for advocacy purposes with the goal of mobilising international public opinion. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations and human rights lawyers. This book is the first to cover the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, other human rights activists, and researchers with the cutting-edge skills needed to work in an increasingly digitized, and information-saturated environment.