War Crimes


Book Description

Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.




Stay the Hand of Vengeance


Book Description

International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice. Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell--with important new discoveries--the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.




Anatomy of Malice


Book Description

An eminent psychiatrist delves into the minds of Nazi leadershipin “a fresh look at the nature of wickedness, and at our attempts to explain it” (Sir Simon Wessely, Royal College of Psychiatrists). When the ashes had settled after World War II and the Allies convened an international war crimes trial in Nuremberg, a psychiatrist, Douglas Kelley, and a psychologist, Gustave Gilbert, tried to fathom the psychology of the Nazi leaders, using extensive psychiatric interviews, IQ tests, and Rorschach inkblot tests. The findings were so disconcerting that portions of the data were hidden away for decades and the research became a topic for vituperative disputes. Gilbert thought that the war criminals’ malice stemmed from depraved psychopathology. Kelley viewed them as morally flawed, ordinary men who were creatures of their environment. Who was right? Drawing on his decades of experience as a psychiatrist and the dramatic advances within psychiatry, psychology, and neuroscience since Nuremberg, Joel E. Dimsdale looks anew at the findings and examines in detail four of the war criminals, Robert Ley, Hermann Göring, Julius Streicher, and Rudolf Hess. Using increasingly precise diagnostic tools, he discovers a remarkably broad spectrum of pathology. Anatomy of Malice takes us on a complex and troubling quest to make sense of the most extreme evil. “In this fascinating and compelling journey . . . a respected scientist who has long studied the Holocaust asks probing questions about the nature of malice. I could not put this book down.”—Thomas N. Wise, MD, Johns Hopkins University School of Medicine “This harrowing tale and detective story asks whether the Nazi War Criminals were fundamentally like other people, or fundamentally different.”—T.M. Luhrmann, author of How God Becomes Real




Lincoln on Trial


Book Description

The acclaimed Lincoln scholar examines the president’s treatment of Southern civilians during the Civil War, shedding new light on his wartime conduct. By twenty-first century standards, President Lincoln's adherence to the laws of war would be considered questionable. But could be condemned as a war criminal based on the accepted standards of his time? Lincoln’s critics, past and present, have not hesitated to make the charge, while his apologists defend his actions as reasonable and humane. In Lincoln on Trial, Burrus M. Carnahan examines Lincoln's leadership throughout the Civil War as he struggled to balance his own humanity against the demands of his generals. Carnahan specifically scrutinizes Lincoln's conduct toward Southerners in light of the international legal standards of his time as the president wrestled with issues such as bombardment of cities, collateral damage to civilians, seizure and destruction of property, forced relocation, and the slaughter of hostages. Carnahan investigates a wide range of historical materials from accounts of the Dahlgren raid to the voices of Southern civilians who bore the brunt of extensive wartime destruction. Through analysis of both historic and modern standards of behavior in times of war, a sobering yet sympathetic portrait of one of America's most revered presidents emerges.




Japanese War Criminals


Book Description

Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.




Women as War Criminals


Book Description

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.




Crimes of War


Book Description

Gulf War, Frank Smyth




American Warlord


Book Description

Tells the story of "Chucky" Taylor, a young American who lost his soul in Liberia, the country where his African father was a ruthless warlord and dictator.




Corporate War Crimes


Book Description

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.