Genocide On Trial

Author : Donald Bloxham
Publisher : Oxford University Press
Page : 294 pages
File Size : 40,7 Mb
Release : 2001
Category : History
ISBN : 9780198208723

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Genocide on Trial by Donald Bloxham Pdf

When the Allies decided to try German war criminals at the end of World War II they were attempting not only to punish the guilty but also to create a record of what had happened in Europe. This ground-breaking new study shows how Britain and the United States went about inscribing thehistory of Nazi Germany and the effect their trial and occupation policies had on both long and short term 'memory' in Germany and Britain. Donald Bloxham here examines the actions and trials of German soldiers and policemen, the use of legal evidence, the refractory functions of the courtroom, andAllied political and cultural preconceptions of both 'Germanism' and of German criminality. His evidence shows conclusively that the trials were a failure: the greatest of all 'crimes against humanity' - the 'final solution of the Jewish question' - was largely written out of history in thepost-war era and the trials failed to transmit the breadth of German criminality. Finally, with reference to the historiography of the Holocaust, Genocide on Trial illuminates the function of the trials in perpetuating misleading generalizations about the course of the Holocaust and the nature ofNazism.

Author : Donald Bloxham
Publisher : OUP Oxford
Page : 298 pages
File Size : 53,6 Mb
Release : 2001-10-04
Category : Law
ISBN : 9780191543357

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Genocide on Trial by Donald Bloxham Pdf

When the Allies decided to try German war criminals at the end of World War II they were attempting not only to punish the guilty but also to create a record of what had happened in Europe. This ground-breaking new study shows how Britain and the United States went about inscribing the history of Nazi Germany and the effect their trial and occupation policies had on both long and short term 'memory' in Germany and Britain. Donald Bloxham here examines the actions and trials of German soldiers and policemen, the use of legal evidence, the refractory functions of the courtroom, and Allied political and cultural preconceptions of both 'Germanism' and of German criminality. His evidence shows conclusively that the trials were a failure: the greatest of all 'crimes against humanity' - the 'final solution of the Jewish question' - was largely written out of history in the post-war era and the trials failed to transmit the breadth of German criminality. Finally, with reference to the historiography of the Holocaust, Genocide on Trial illuminates the function of the trials in perpetuating misleading generalizations about the course of the Holocaust and the nature of Nazism.

Author : Willem-Jan van der Wolf,Donja de Ruiter
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2011
Category : Convention on the Prevention and Punishment of the Crime of Genocide
ISBN : 905887088X

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Genocide on Trial by Willem-Jan van der Wolf,Donja de Ruiter Pdf

In 1933, a proposal by Raphael Lemkin on the 'crime of barbarity' was brought before the Legal Council of the League of Nations, being the first formal attempt to create a law against genocide. In 1946, the United Nations adopted Resolution 96 confirming the crime of genocide, but it was not until 1948 that a definition of genocide came into being in the Genocide Convention. It has been through case law that the definition of genocide became more clear. In 2007, the European Court of Human Rights noted that the narrow view of 'intent to destroy' was the majority opinion among legal scholars. This narrow view included the necessity of biological-physical destruction of groups in order for the action to qualify as genocide. It concluded furthermore that both the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice agreed to the narrow interpretation. Laying the foundation for the punishment of the crime of genocide, the precise definition of the term remained a topic of debate among legal scholars. This book examines all case law on genocide from the start of the 20th century to the cases brought before the Tribunals in more recent times. Genocide on Trial should be mandatory reading for anyone interested in the history of war crimes trials, as well as scholars wanting a collection of case law related to genocide.

Author : Vahakn N. Dadrian,Taner Akçam
Publisher : Berghahn Books
Page : 376 pages
File Size : 52,7 Mb
Release : 2011-12-30
Category : History
ISBN : 9780857452863

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Judgment At Istanbul by Vahakn N. Dadrian,Taner Akçam Pdf

Turkey's bid to join the European Union has lent new urgency to the issue of the Armenian Genocide as differing interpretations of the genocide are proving to be a major reason for the delay of the its accession. This book provides vital background information and is a prime source of legal evidence and authentic Turkish eyewitness testimony of the intent and the crime of genocide against the Armenians. After a long and painstaking effort, the authors, one an Armenian, the other a Turk, generally recognized as the foremost experts on the Armenian Genocide, have prepared a new, authoritative translation and detailed analysis of the Takvim-i Vekâyi, the official Ottoman Government record of the Turkish Military Tribunals concerning the crimes committed against the Armenians during World War I. The authors have compiled the documentation of the trial proceedings for the first time in English and situated them within their historical and legal context. These documents show that Wartime Cabinet ministers, Young Turk party leaders, and a number of others inculpated in these crimes were court-martialed by the Turkish Military Tribunals in the years immediately following World War I. Most were found guilty and received sentences ranging from prison with hard labor to death. In remarkable contrast to Nuremberg, the Turkish Military Tribunals were conducted solely on the basis of existing Ottoman domestic penal codes. This substitution of a national for an international criminal court stands in history as a unique initiative of national self-condemnation. This compilation is significantly enhanced by an extensive analysis of the historical background, political nature and legal implications of the criminal prosecution of the twentieth century's first state-sponsored crime of genocide.

Author : David Hirsh
Publisher : Routledge
Page : 301 pages
File Size : 43,6 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781135311513

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Law Against Genocide by David Hirsh Pdf

Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.

Author : United Nations War Crimes Commission
Publisher : Unknown
Page : 166 pages
File Size : 50,5 Mb
Release : 1992
Category : Law
ISBN : UOM:39015025216378

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Law Reports of Trials of War Criminals by United Nations War Crimes Commission Pdf

Author : Carolyn J. Dean
Publisher : Cornell University Press
Page : 199 pages
File Size : 46,5 Mb
Release : 2019-04-15
Category : History
ISBN : 9781501735080

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The Moral Witness by Carolyn J. Dean Pdf

The Moral Witness is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s—covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder. By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture.

Author : Brijesh Narain Mehrish
Publisher : Delhi : Oriental Publishers
Page : 378 pages
File Size : 50,8 Mb
Release : 1972
Category : Bangladesh
ISBN : UOM:39015046448281

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War Crimes and Genocide by Brijesh Narain Mehrish Pdf

Author : Kevin Heller,Gerry Simpson
Publisher : Oxford University Press, USA
Page : 494 pages
File Size : 43,8 Mb
Release : 2013-10
Category : Law
ISBN : 9780199671144

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The Hidden Histories of War Crimes Trials by Kevin Heller,Gerry Simpson Pdf

Several war crimes trials are well-known to scholars, but others have received far less attention. This book assesses a number of these little-studied trials to recognise institutional innovations, clarify doctrinal debates, and identify their general relevance to the development of international criminal law.

Author : Howard J. De Nike,John Quigley,Kenneth J. Robinson
Publisher : University of Pennsylvania Press
Page : 578 pages
File Size : 53,9 Mb
Release : 2012-05-23
Category : Law
ISBN : 9780812205466

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Genocide in Cambodia by Howard J. De Nike,John Quigley,Kenneth J. Robinson Pdf

The Khmer Rouge held power in Cambodia from 1975 to 1979 and aggressively pursued a policy of radical social reform that resulted in the deaths of hundreds of thousands of Cambodians through mass executions and physical privation. In January 1979, the government was overthrown by former Khmer Rouge functionaries, with substantial backing from the army of Vietnam. In August of that year a special court, the People's Revolutionary Tribunal, was constituted to try two of the Khmer Rouge government's most powerful leaders, Pol Pot and Ieng Sary. The charge against them was genocide as it was defined in the United Nation's genocide convention of 1948. At the time, both men were in the Cambodian jungle leading the Khmer Rouge in a struggle to regain power; they were, therefore, tried in absentia. Genocide in Cambodia assembles documents from this historic trial and contains extensive reports from the People's Revolutionary Tribunal. The book opens with essays that discuss the nature of the primary documents, and places the trial in its historical, legal, and political context. The documents are divided into three parts: those relating to the establishment of the tribunal; those used as evidence, including statements of witnesses, investigative reports of mass grave sites, expert opinions on the social and cultural impact of the actions of Pol Pot and Ieng Sary, and accounts from the foreign press; and finally the record of the trial, beginning with the prosecutor's indictment and ending with the concluding speeches by the attorneys for the defense and prosecution. The trial of Pol Pot and Ieng Sary was the world's first genocide trial based on United Nations's policy as well as the first trial of a head of government on a human rights-related charge. This documentary record is significant for the history of Cambodia, and it will be of the highest importance as well to the international legal and human rights communities.

Author : Kim C. Priemel,Alexa Stiller
Publisher : Berghahn Books
Page : 334 pages
File Size : 43,9 Mb
Release : 2012-08-30
Category : History
ISBN : 9780857455321

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Reassessing the Nuremberg Military Tribunals by Kim C. Priemel,Alexa Stiller Pdf

For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.

Author : Paul Behrens,Ralph Henham
Publisher : Routledge
Page : 260 pages
File Size : 53,6 Mb
Release : 2013-05-07
Category : Law
ISBN : 9781136168567

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Elements of Genocide by Paul Behrens,Ralph Henham Pdf

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

Author : The United Nations War Crimes Commission
Publisher : Unknown
Page : 164 pages
File Size : 53,7 Mb
Release : 2013-07-24
Category : Electronic
ISBN : 1491080078

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Law Reports of Trials of War Criminals by The United Nations War Crimes Commission Pdf

The word "genocide" has been much criticised by etymologists, for reasons which may be regarded, even if not inaccurate, as being pedantic. Genocide as used in this context means, to quote from the Indictment in the Nuremberg trial, a systematic programme aimed at the destruction of foreign nations or ethnic groups (" foreign" that is from the Nazi point of view) in part by elimination or suppression of national characteristics. The effect of the word as used in this connection was also defined, in the judgment of the Nuremberg Military Tribunal (Subsequent Proceedings) included in this volume, as a programme concerned and implemented " for one primary purpose . . . which might be summed up in one phrase: the twofold objective of weakening and eventually destroying other nations (i.e., than Germany) while at the same time strengthening Germany, territorially and biologically at the expense of conquered nations."

Author : Anonim
Publisher : Unknown
Page : 272 pages
File Size : 54,5 Mb
Release : 2006
Category : Armenian Genocide, 1915-1923
ISBN : UOM:39076002694102

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The Case of Soghomon Tehlirian by Anonim Pdf

Author : Nasour Koursami
Publisher : Springer
Page : 236 pages
File Size : 48,8 Mb
Release : 2018-02-10
Category : Law
ISBN : 9789462652255

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The 'Contextual Elements' of the Crime of Genocide by Nasour Koursami Pdf

This book examines the position of ‘contextual elements’ as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an individual génocidaire is required to act within a particular genocidal context. Unlike other books in the field of the study of the crime of genocide, this book captures the nuance and the complex issues of the debate by providing book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group. With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the National School of Administration in Chad. He studied law at Cardiff and Bristol Universities and holds a Ph.D. in International Law from the University of Edinburgh.