This important book considers whether the Special Court for Sierra Leone (SCSL), which was established jointly through an unprecedented bilateral treaty between the United Nations (UN) and Sierra Leone in 2002, has made jurisprudential contributions to the development of the nascent and still unsettled field of international criminal law. A leading authority on the application of international criminal justice in Africa, Charles Jalloh argues that the SCSL, as an innovative hybrid international penal tribunal, made useful jurisprudential additions on key legal questions concerning greatest responsibility jurisdiction, the war crime of child recruitment, forced marriage as a crime against humanity, amnesty, immunity and the relationship between truth commissions and criminal courts. He demonstrates that some of the SCSL case law broke new ground, and in so doing, bequeathed a 'legal legacy' that remains vital to the ongoing global fight against impunity for atrocity crimes and to the continued development of modern international criminal law.

That American forces should torture prisoners in their “war” on terror is disturbing, but more shocking still is that the highest officials of the Bush-Cheney administration planned, authorized, encouraged, and concealed these war crimes. When the Supreme Court ruled that the officials were bound by the Geneva Conventions, a Republican Congress responded by granting amnesty to all responsible, from lowly interrogators to the president, while conservative judges erected a wall of secrecy to protect them even from civil liability. Meanwhile, timid Democrats have shown little stomach for repealing the amnesty law and bringing those responsible to justice. Many Americans, including those who endorsed torture to find “ticking bombs” that never were, are now embarrassed by credible reports of CIA kidnappings for purposes of torture, secret prisons into which prisoners have disappeared without a trace, and rigged tribunals to convict al Qaeda’s criminals on evidence obtained by torture. But the problem is not just embarrassment; it is the widespread acceptance of unaccountable, secret government that now threatens to destroy the very foundations of constitutional government. The moral standing of the United States will not be restored, Christopher Pyle argues, until a concerted effort is made to bring our secret government under the rule of law.

In the two-and-a-half decades since the end of the Cold War, policy makers have become acutely aware of the extent to which the world today faces mass atrocities. In an effort to prevent the death, destruction and global chaos wrought by these crimes, the agendas for both national and international policy have grown beyond conflict prevention to encompass atrocity prevention, protection of civilians, transitional justice and the responsibility to protect. Yet, to date, there has been no attempt to address the topic of the prevention of mass atrocities from the theoretical, policy and practicing standpoints simultaneously. This volume is designed to fill that gap, clarifying and solidifying the present understanding of atrocity prevention. It will serve as an authoritative work on the state of the field.

In the midst of the Second World War, the Allies acknowledged Germany's ongoing programme of extermination. In the Shadow of the Holocaust examines the struggle to attain post-war justice and prosecution. Focusing on Poland's engagement with the United Nations War Crimes Commission, it analyses the different ways that the Polish Government in Exile (based in London from 1940) agitated for an Allied response to German atrocities. Michael Fleming shows that jurists associated with the Government in Exile made significant contributions to legal debates on war crimes and, along with others, paid attention to German crimes against Jews. By exploring the relationship between the UNWCC and the Polish War Crimes Office under the authority of the Polish Government in Exile and later, from the summer of 1945, the Polish Government in Warsaw, Fleming provides a new lens through which to examine the early stages of the Cold War.

A global history of environmental warfare and the case for why it should be a crime The environmental infrastructure that sustains human societies has been a target and instrument of war for centuries, resulting in famine and disease, displaced populations, and the devastation of people's livelihoods and ways of life. Scorched Earth traces the history of scorched earth, military inundations, and armies living off the land from the sixteenth to the twentieth century, arguing that the resulting deliberate destruction of the environment-"environcide"-constitutes total war and is a crime against humanity and nature. In this sweeping global history, Emmanuel Kreike shows how religious war in Europe transformed Holland into a desolate swamp where hunger and the black death ruled. He describes how Spanish conquistadores exploited the irrigation works and expansive agricultural terraces of the Aztecs and Incas, triggering a humanitarian crisis of catastrophic proportions. Kreike demonstrates how environmental warfare has continued unabated into the modern era. His panoramic narrative takes readers from the Thirty Years' War to the wars of France's Sun King, and from the Dutch colonial wars in North America and Indonesia to the early twentieth century colonial conquest of southwestern Africa. Shedding light on the premodern origins and the lasting consequences of total war, Scorched Earth explains why ecocide and genocide are not separate phenomena, and why international law must recognize environmental warfare as a violation of human rights.

'A profoundly significant exploration of how Europeans--both Germans and those under German occupation--struggled to make sense of the conflict.' - Richard Overy, Wall Street Journal In An Iron Wind, historian Peter Fritzsche draws on first-person accounts to show how civilians in occupied Europe struggled to understand the terrifying chaos of World War II. As the Third Reich targeted Europe's Jews, confusion and mistrust reigned. Was collaboration or resistance the wisest response? And where was God? Piecing together the broken words of the war's witnesses and victims, Fritzsche offers a haunting picture of the most violent conflict in modern history.

This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the 'Age of Accountability.' However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK's legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.

Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.

Benjamin A. Valentino finds that ethnic hatreds or discrimination, undemocratic systems of government, and dysfunctions in society play a much smaller role in mass killing and genocide than is commonly assumed. He shows that the impetus for mass killing usually originates from a relatively small group of powerful leaders and is often carried out without the active support of broader society. Mass killing, in his view, is a brutal political or military strategy designed to accomplish leaders' most important objectives, counter threats to their power and solve their most difficult problems. Valentino does not limit his analysis to violence directed against ethnic groups, or to the attempt to destroy victim groups as such, as do most previous studies of genocide. Rather, he defines mass killing broadly as the intentional killing of a massive number of noncombatants, using the criteria of 50,000 or more deaths within five years as a quantitative standard. killings like the ones carried out in the Soviet Union, China, and Cambodia; ethnic genocides as in Armenia, Nazi Germany, and Rwanda; and counter-guerrilla campaigns including the brutal civil war in Guatemala and the Soviet occupation of Afghanistan. Valentino closes the book by arguing that attempts to prevent mass killing should focus on disarming and removing from power the leaders and small groups responsible for instigating and organizing the killing.

The question of 'humanitarian intervention' has been a staple of international law for around 200 years, with a renewed interest in the history of the subject emerging in the last twenty years. This book provides a chronological account of the evolution of the discussion and uncovers the fictional narrative provided by international lawyers to support their conclusions on the subject, from justifications and arguments for 'humanitarian intervention', the misrepresentation of great power involvement in the Greek War of Independence in 1827, to the 'humanitarian intervention that never was', India's war with Pakistan in 1971. Relying on a variety of sources, some of them made available in English for the first time, the book provides an undogmatic, alternative history of the fight for the protection of human rights in international law.

Written by the Director of the Tokyo Trial Research Centre at China's Shanghai Jiao Tong University, this book provides a unique analysis of war crime trials in Asia-Pacific after World War II. It offers a comprehensive review of key events during this period, covering preparations for the Trial, examining the role of the War Crimes Commission of the United Nations as well as offering a new analysis of the trial itself. Addressing the question of conventional war crimes, crimes against humanity, crimes against peace (such as the Pearl Harbor Incident) and violations of warfare law, it follows up with a discussion of post-trial events and the fate of war criminals on trial. Additionally, it examines other Japanese war crime trials which happened in Asia, as well as considering the legacy of the Tokyo trial itself, and the foundation of a new Post-War International Order in East Asia.

'In the last couple of years I realised that, as one of the last witnesses, I must speak out.' Tomi Reichental, who lost 35 members of his family in the Holocaust, gives his account of being imprisoned as a child at Belsen concentration camp. He was nine-years old in October 1944 when he was rounded up by the Gestapo in a shop in Bratislava, Slovakia. Along with 12 other members of his family he was taken to a detention camp where the elusive Nazi War Criminal Alois Brunner had the power of life and death. His story is a story of the past. It is also a story for our times. The Holocaust reminds us of the dangers of racism and intolerance, providing lessons that are relevant today.

The Killing Season explores one of the largest and swiftest, yet least examined, instances of mass killing and incarceration in the twentieth century--the shocking antileftist purge that gripped Indonesia in 1965-66, leaving some five hundred thousand people dead and more than a million others in detention. An expert in modern Indonesian history, genocide, and human rights, Geoffrey Robinson sets out to account for this violence and to end the troubling silence surrounding it. In doing so, he sheds new light on broad and enduring historical questions. How do we account for instances of systematic mass killing and detention? Why are some of these crimes remembered and punished, while others are forgotten? What are the social and political ramifications of such acts and such silence? Challenging conventional narratives of the mass violence of 1965-66 as arising spontaneously from religious and social conflicts, Robinson argues convincingly that it was instead the product of a deliberate campaign, led by the Indonesian Army. He also details the critical role played by the United States, Britain, and other major powers in facilitating mass murder and incarceration. Robinson concludes by probing the disturbing long-term consequences of the violence for millions of survivors and Indonesian society as a whole. Based on a rich body of primary and secondary sources, The Killing Season is the definitive account of a pivotal period in Indonesian history. It also makes a powerful contribution to wider debates about the dynamics and legacies of mass killing, incarceration, and genocide.

During the 20th century tens of millions of people were annihilated by genocidal regimes. As we enter the 21st century, we must look back and attempt to comprehend what has been aptly termed the "century of genocide." It is only through such understanding that we can begin to imagine ways of preventing or minimizing future atrocities. "

Genocide: An Anthropological Reader" lays the foundation for a ground-breaking "anthropology of genocide" by gathering together for the first time the seminal texts for learning about and understanding this phenomenon. While scholars in other fields have conducted excellent analyses of the macrolevel factors facilitating genocide, few have been able to approach genocide from the local perspective. By filling this important niche-pulling together key anthropological and interdisciplinary sources on genocide - "Genocide: An Anthropological Reader" stands both to make an important contribution to our understanding of genocide and to serve as a valuable resource for readers across a wide variety of fields.

When the Turks demanded the cancellation of all lectures on the Armenian Genocide and that Armenian lecturers not be allowed to participate, the Israeli government followed suit, demanding the same of the then forthcoming First International Conference on the Holocaust and Genocide. This book follows the author's gutsy campaign against the Israeli government and his quest to successfully hold the conference in the face of censorship. A political whodunit based on previously secret Israel Foreign Ministry cables, this book investigates Israel's overall tragically unjust relationships to genocides of other peoples. Charny also closely examines Elie Wiesel, who remains a great hero but is seen also as interfering with recognition of other peoples' genocidal tragedies, and Shimon Peres, who opposed recognition of the Armenian Genocide. Additional chapters by three famous leaders-a Turk (Ragip Zarakolu), an Armenian (Richard Hovannisian), and a Jew (Michael Berenbaum)-provide added perspectives.

The extraordinary revelations in Traitors detail the ugly side of war and power and the many betrayals of our ANZACs. In October 1943 Winston Churchill, Franklin D. Roosevelt and Josef Stalin signed a solemn pact that once their enemies were defeated the Allied powers would 'pursue them to the uttermost ends of the earth and will deliver them to their accusers in order that justice may be done'. Nowhere did they say that justice would be selective. But it would prove to be. Traitors outlines the treachery of the British, American and Australian governments, who turned a blind eye to those who experimented on Australian prisoners of war. Journalist and bestselling author Frank Walker details how Nazis hired by ASIO were encouraged to settle in Australia and how the Catholic Church, CIA and MI6 helped the worst Nazi war criminals escape justice. While our soldiers were asked to risk their lives for King and country, Allied corporations traded with the enemy; Nazi and Japanese scientists were enticed to work for Australia, the US and UK; and Australia's own Hollywood hero Errol Flynn was associating with Nazi spies. After reading this book you can't help but wonder, what else did they hide?

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'.

What exactly constitutes 'genocide'? How prevalent have instances of genocide been throughout history? How successful have efforts to prevent genocide been? These, and other questions, are addressed in Genocide: The Basics, a concise introduction to the study of the phenomenon of genocide. Case studies of genocide from throughout history are explored and analysed to address key issues in genocide studies, including: The killing of indigenous peoples by colonial powers and the definition of genocide The Holocaust and the question of 'uniqueness' Genocide in the 1990s and the success or otherwise of peace-keeping efforts The Christians of the Ottoman Empire and the notion of 'genocide provocation'. Genocides in Asia during the Cold War Legal attempts to stop Genocide and make a genocide-free world Each chapter concludes with questions for discussion. At the end of this book is a list of suggestions for further reading, and the book is complete with a glossary, ensuring that Genocide: The Basics is the ideal introduction to this controversial and widely-debated topic.

The Persecution of the Jews in Photographs, the Netherlands 1940-1945 is the first book of its kind on the subject. Both the professional photographers commissioned by the occupying forces and amateurs took moving photographs. On 10 May 1940, the day of the German invasion, there were 140,000 Jewish inhabitants living in the Netherlands. The full extent of their terrible fate only became known after the war: at least 102,000 were murdered, died of mistreatment or were worked to death in the Nazi camps. This tragedy has had a profound effect on Dutch society. Photographic archives and private collections were consulted in the Netherlands and abroad. Extensive background data was researched, which means that the moving pictures have an even greater force of expression. The result is an overwhelming collection of almost 400 photographs, accompanied by detailed captions.

The term "genocide"-"group killing"-which first appeared in Raphael Lemkin's 1944 book, Axis Rule in Occupied Europe, had by 1948 established itself in international law through the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Since then the charge of genocide has been both widely applied but also contested. In Genocide: The Act as Idea, Berel Lang examines and illuminates the concept of genocide, at once articulating difficulties in its definition and proposing solutions to them. In his analysis, Lang explores the relation of genocide to group identity, individual and corporate moral responsibility, the concept of individual and group intentions, and the concept of evil more generally. The idea of genocide, Lang argues, represents a notable advance in the history of political and ethical thought which proposed alternatives to it, like "crimes against humanity," fail to take into account.

In the 1910s historian Harry Harootunian's parents Ohannes and Vehanush escaped the mass slaughter of the Armenian genocide, making their way to France, where they first met, before settling in suburban Detroit. Although his parents rarely spoke of their families and the horrors they survived, the genocide and their parents' silence about it was a permanent backdrop to the Harootunian children's upbringing. In The Unspoken as Heritage Harootunian-for the first time in his distinguished career-turns to his personal life and family heritage to explore the genocide's multigenerational afterlives that remain at the heart of the Armenian diaspora. Drawing on novels, anecdotes, and reports, Harootunian presents a composite sketch of the everyday life of his parents, from their childhood in East Anatolia to the difficulty of making new lives in the United States. A meditation on loss, inheritance, and survival-in which Harootunian attempts to come to terms with a history that is just beyond his reach-The Unspoken as Heritage demonstrates how the genocidal past never leaves the present, even in its silence.

Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.

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.

This important collection of essays expands the geographic, demographic, and analytic scope of the term genocide to encompass the effects of colonialism and settler colonialism in North America. Colonists made multiple and interconnected attempts to destroy Indigenous peoples as groups. The contributors examine these efforts through the lens of genocide. Considering some of the most destructive aspects of the colonization and subsequent settlement of North America, several essays address Indigenous boarding school systems imposed by both the Canadian and U.S. governments in attempts to "civilize" or "assimilate" Indigenous children. Contributors examine some of the most egregious assaults on Indigenous peoples and the natural environment, including massacres, land appropriation, the spread of disease, the near-extinction of the buffalo, and forced political restructuring of Indigenous communities. Assessing the record of these appalling events, the contributors maintain that North Americans must reckon with colonial and settler colonial attempts to annihilate Indigenous peoples. Contributors. Jeff Benvenuto, Robbie Ethridge, Theodore Fontaine, Joseph P. Gone, Alexander Laban Hinton, Tasha Hubbard, Margaret D. Jabobs, Kiera L. Ladner, Tricia E. Logan, David B. MacDonald, Benjamin Madley, Jeremy Patzer, Julia Peristerakis, Christopher Powell, Colin Samson, Gray H. Whaley, Andrew Woolford