This book asks whether human rights, since the 9/11 attacks and the 'war on terror, ' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.

Since the 1980s, an array of legal and non-legal practices-labeled Transitional Justice-has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.

International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.

Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted empirical research with judges, prosecutors, defense attorneys, and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. Both use historical narratives to frame the alleged crimes and to articulate their side's theory of the case. In the Slobodan Milo evi trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mind-set. For their part, the defense calls historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinctive from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted empirical research with judges, prosecutors, defense attorneys, and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. Both use historical narratives to frame the alleged crimes and to articulate their side's theory of the case. In the Slobodan Milo evi trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mind-set. For their part, the defense calls historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinctive from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Humanitarian sentiments have motivated a variety of manifestations of pity, from nineteenth-century movements to end slavery to the creation of modern international humanitarian law. While humanitarianism is clearly political, Humanitarianism and Suffering addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions. As an ethos, humanitarianism has a strong narrative and representational dimension that can generate humanitarian constituencies for particular causes. The emotional nature of compassion is closely linked to visual and literary images of suffering and innocence. Essays in the volume analyze the character, form, and voice of private or public narratives themselves and explain how and why some narratives of suffering energize political movements of solidarity, whereas others do not. Humanitarianism and Suffering explores when, how, and why humanitarian movements become widespread popular movements. It shows how popular sentiments move political and social elites to action and, conversely, how national elites appropriate humanitarian ideals for more instrumental ends.

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.  

Humanitarian sentiments have motivated a variety of manifestations of pity, from nineteenth-century movements to end slavery to the creation of modern international humanitarian law. While humanitarianism is clearly political, this text addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions. As an ethos, humanitarianism has a strong narrative and representational dimension that can generate humanitarian constituencies for particular causes. Essays in the volume analyze the character, form, and voice of private or public narratives themselves and explain how and why some narratives of suffering energize political movements of solidarity, whereas others do not. Humanitarianism and Suffering explores when, how, and why humanitarian movements become widespread popular movements. It shows how popular sentiments move political and social elites to action and, conversely, how national elites appropriate humanitarian ideals for more instrumental ends.

This book asks whether human rights, since the 9/11 attacks and the 'war on terror, ' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.

The unmarked mass graves left by war and acts of terror are lasting traces of violence in communities traumatized by fear, conflict, and unfinished mourning. Like silent testimonies to the wounds of history, these graves continue to inflict harm on communities and families that wish to bury or memorialize their lost kin. Changing political circumstances can reveal the location of mass graves or facilitate their exhumation, but the challenge of identifying and recovering the dead is only the beginning of a complex process that brings the rights and wishes of a bereaved society onto a transnational stage. Necropolitics: Mass Graves and Exhumations in the Age of Human Rights examines the political and social implications of this sensitive undertaking in specific local and national contexts. International forensic methods, local-level claims, national political developments, and transnational human rights discourse converge in detailed case studies from the United States, Argentina, Chile, Peru, Spain, Bosnia-Herzegovina, Greece, Rwanda, Cambodia, and Korea. Contributors analyze the role of exhumations in transitional justice from the steps of interviewing eyewitnesses and survivors to the painstaking forensic recovery and comparison of DNA profiles. This innovative volume demonstrates that contemporary exhumations are as much a source of personal, historical, and criminal evidence as instruments of redress for victims through legal accountability and memory politics. Contributors: Zoe Crossland, Francisco Ferrandiz, Luis Fondebrider, Iosif Kovras, Heonik Kwon, Isaias Rojas-Perez, Antonius C. G. M. Robben, Elena Lesley, Katerina Stefatos, Francesc Torres, Sarah Wagner, Richard Ashby Wilson.

International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.

A world characterized by ethno-nationalist struggles, civil wars, and political violence has led anthropologists to examine in more detail the relationships between state violence, ideas about "culture", and the activities of human rights organizations. This text considers recent theoretical insights into the politics of identity and traces the concrete interconnections created by the globalization of human rights. Drawing on case studies from around the world - Guatemala, Mauritius, Amazonia, Hawaii, Iran, the United States and Mexico - this collection documents how transnational human rights discourses and legal institutions are materialized, imposed, resisted and transformed in a variety of contexts.