Prosecuting War Crimes and Genocide

Prosecuting War Crimes and Genocide
Author: Howard Ball
Publisher:
Total Pages: 312
Release: 1999
Genre: Law
ISBN:

Combining history, politics, and critical analysis, he revisits the killing fields of Cambodia, documents the three-month Hutu "machete genocide" of about 800,000 Tutsi villagers in Rwanda, and casts recent headlines from Kosovo in the light of these other conflicts."--BOOK JACKET.

Corporate War Crimes

Corporate War Crimes
Author: James G. Stewart
Publisher:
Total Pages: 157
Release: 2011
Genre: Corporations
ISBN: 9781936133321

Pillage means theft during war. Although the prohibition against pillage dates to the Roman Empire, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for commercial pillage of natural resources. And although pillage has been prosecuted in recent years, commercial actors are seldom held accountable for their role in fueling conflict. Reviving corporate liability for pillaging natural resources is not simply about protecting property rights during conflict--it can also play a significant role in preventing atrocity. Since the end of the Cold War, the illegal exploitation of natural resources has become a prevalent means of financing conflict. In countries including Angola, the Democratic Republic of the Congo, East Timor, Iraq, Liberia, Myanmar, and Sierra Leone, the illicit trade in natural resources has not only created incentives for violence, but has also furnished warring parties with the finances necessary to sustain some of the most brutal hostilities in recent history. In Corporate War Crimes, available in its second edition, law professor James G. Stewart offers a roadmap of the law governing pillage as applied to the illegal exploitation of natural resources by corporations and their officers. The text traces the evolution of the prohibition against pillage from its earliest forms through the Nuremburg trials to today's national laws and international treaties. In doing so, Stewart provides a long-awaited blueprint for prosecuting corporate plunder during war. Corporate War Crimes seeks to guide investigative bodies, war crimes prosecutors, and judges engaged with the technicalities of pillage. It should also be useful for advocates, political institutions, and companies interested in curbing resource wars. The report is available for download in English and French.

War Crimes Against Women

War Crimes Against Women
Author: Kelly Dawn Askin
Publisher: Martinus Nijhoff Publishers
Total Pages: 478
Release: 1997
Genre: Law
ISBN: 9789041104861

Of the ICTY.

Atrocities on Trial

Atrocities on Trial
Author: Patricia Heberer
Publisher: U of Nebraska Press
Total Pages: 358
Release: 2008-04-01
Genre: History
ISBN: 0803210841

These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.

Human Rights after Hitler

Human Rights after Hitler
Author: Dan Plesch
Publisher: Georgetown University Press
Total Pages: 272
Release: 2017-04-20
Genre: Political Science
ISBN: 1626164339

Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II. From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC’s files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including “water treatment,” wartime sexual assault, and crimes by foot soldiers who were “just following orders.” Plesch’s book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.

The Trial of Donald Rumsfeld

The Trial of Donald Rumsfeld
Author: Michael Ratner
Publisher:
Total Pages: 264
Release: 2008
Genre: Biography & Autobiography
ISBN:

"He won't be tried in the United States. He can't be tried by an international tribunal. So Donald Rumsfeld will have to be prosecuted by book."—from The Trial of Donald RumsfeldThe Trial of Donald Rumsfeld lays out the evidence that high-level officials of the Bush administration ordered, authorized, implemented, and permitted war crimes, in particular the crimes of torture and cruel, inhuman, and degrading treatment.Using primary source documents ranging from Rumsfeld's "techniques chart" and Iraqi plaintiffs' statements to the testimony of whistleblowers and key pieces of reportage, the book sets forth evidence of a torture program that took place throughout the world: in Afghanistan, Iraq, Guantánamo, secret CIA prisons, and other places unknown.The accused are accorded a defense drawn from their memos and public statements. Readers are allowed to judge whether the Bush administration has engaged in torture and whom among the administration to hold responsible.Reminiscent of Christopher Hitchens's bestselling The Trial of Henry Kissinger, The Trial of Donald Rumsfeld constitutes one of the only attempts to hold high-ranking Bush administration officials criminally responsible for their actions.Includes excerpts from:• testimony from Abu Ghraib victims and the Tipton Three• the interrogation log from Mohammed al Qahtani's detainment at Guantánamo• the Gonzales, Yoo, and Bybee memos• the U.S. Army's Fay/Jones Report on the abuse of prisoners at Abu Ghraib• the August 2004 Final Report of the Independent Panel to Review Department of Defense Detention Operations• testimony from the former head of Abu Ghraib, Janis Karpinski• and analyses by Peter Weiss, Wolfgang Kaleck, Vincent Warren, and others

Ensuring Respect for International Humanitarian Law

Ensuring Respect for International Humanitarian Law
Author: Eve Massingham
Publisher: Routledge
Total Pages: 233
Release: 2020-07-20
Genre: Law
ISBN: 0429588755

This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.

International Prosecution of Human Rights Crimes

International Prosecution of Human Rights Crimes
Author: Wolfgang Kaleck
Publisher: Springer Science & Business Media
Total Pages: 222
Release: 2006-11-22
Genre: Law
ISBN: 3540462783

The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.

Hitler's Generals on Trial

Hitler's Generals on Trial
Author: Valerie Geneviève Hébert
Publisher: University Press of Kansas
Total Pages: 376
Release: 2021-02-12
Genre: History
ISBN: 0700632670

By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.

Women as War Criminals

Women as War Criminals
Author: Izabela Steflja
Publisher: Stanford University Press
Total Pages: 122
Release: 2020-09-08
Genre: Law
ISBN: 1503627578

Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals—and prevent postconflict justice systems from assigning women blame. Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends. The book presents the legal cases of four women: the President (Biljana Plavšic), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.