Mass Atrocity Collective Memory And The Law

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Mass Atrocity, Collective Memory, and the Law

Michael Curtis
Mass Atrocity Collective Memory and the Law Book PDF

Author : Michael Curtis
Publisher : Routledge
Page : 317 pages
File Size : 48,5 Mb
Release : 2017-07-12
Category : History
ISBN : 9781351506670

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Mass Atrocity, Collective Memory, and the Law by Michael Curtis Pdf

Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.

Mass Atrocity, Collective Memory, and the Law

Mark Osiel
Mass Atrocity Collective Memory and the Law Book PDF

Author : Mark Osiel
Publisher : Transaction Pub
Page : 317 pages
File Size : 42,7 Mb
Release : 1999-09-01
Category : Law
ISBN : 0765806630

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Mass Atrocity, Collective Memory, and the Law by Mark Osiel Pdf

To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.

Making Sense of Mass Atrocity

Mark Osiel
Making Sense of Mass Atrocity Book PDF

Author : Mark Osiel
Publisher : Cambridge University Press
Page : 277 pages
File Size : 49,6 Mb
Release : 2009-07-31
Category : Law
ISBN : 9780521861854

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Making Sense of Mass Atrocity by Mark Osiel Pdf

This book trenchantly diagnoses the law's limits in making sense of mass atrocity.

Mass Atrocity, Collective Memory, and the Law

Mark Osiel
Mass Atrocity Collective Memory and the Law Book PDF

Author : Mark Osiel
Publisher : Transaction Publishers
Page : 334 pages
File Size : 52,8 Mb
Release : 1999-09-01
Category : Political Science
ISBN : 1412828171

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Mass Atrocity, Collective Memory, and the Law by Mark Osiel Pdf

To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.

Mass Atrocity, Ordinary Evil, and Hannah Arendt

Mark Osiel
Mass Atrocity Ordinary Evil and Hannah Arendt Book PDF

Author : Mark Osiel
Publisher : Yale University Press
Page : 265 pages
File Size : 55,9 Mb
Release : 2001-01-01
Category : Law
ISBN : 9780300087536

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Mass Atrocity, Ordinary Evil, and Hannah Arendt by Mark Osiel Pdf

Is it possible that the soldiers of mass atrocities--Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example--act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.

The Crime of Destruction and the Law of Genocide

Caroline Fournet
The Crime of Destruction and the Law of Genocide Book PDF

Author : Caroline Fournet
Publisher : Routledge
Page : 216 pages
File Size : 47,6 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317037033

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The Crime of Destruction and the Law of Genocide by Caroline Fournet Pdf

This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.

After Genocide

Nicole Fox
After Genocide Book PDF

Author : Nicole Fox
Publisher : University of Wisconsin Pres
Page : 274 pages
File Size : 45,5 Mb
Release : 2021-07-27
Category : HISTORY
ISBN : 9780299332204

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After Genocide by Nicole Fox Pdf

Nicole Fox investigates the ways memorials can shape the experiences of survivors decades after massacres have ended. She examines how memorializations can both heal and hurt, especially when they fail to represent all genders, ethnicities, and classes of those afflicted.

The Collective Memory Reader

Jeffrey K. Olick,Vered Vinitzky-Seroussi,Daniel Levy
The Collective Memory Reader Book PDF

Author : Jeffrey K. Olick,Vered Vinitzky-Seroussi,Daniel Levy
Publisher : Unknown
Page : 517 pages
File Size : 55,6 Mb
Release : 2011
Category : History
ISBN : 9780195337419

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The Collective Memory Reader by Jeffrey K. Olick,Vered Vinitzky-Seroussi,Daniel Levy Pdf

In the last few decades, there are few concepts that have rivaled "collective memory" for attention in the humanities and social sciences. Indeed, use of the term has extended far beyond scholarship to the realm of politics and journalism, where it has appeared in speeches at the centers of power and on the front pages of the world's leading newspapers. Seen by scholars in numerous fields as a hallmark characteristic of our age, an idea crucial for understanding our present social, political, and cultural conditions, collective memory now guides inquiries into diverse, though connected, phenomena. Nevertheless, there remains a great deal of confusion about the meaning, origin, and implication of the term and the field of inquiry it underwrites. The Collective Memory Reader presents, organizes, and evaluates past work and contemporary contributions on collective memory. Combining seminal texts, hard-to-find classics, previously untranslated references, and contemporary landmarks, it will serve as a key reference in the field. In addition to a thorough introduction, which outlines a useful past for contemporary memory studies, The Collective Memory Reader includes five sections-Precursors and Classics; History, Memory, and Identity; Power, Politics, and Contestation; Media and Modes of Transmission; Memory, Justice, and the Contemporary Epoch-comprising ninety-one texts. A short editorial essay introduces each of the sections, while brief capsules frame each of the selected texts. An indispensable guide, The Collective Memory Reader is at once a definitive entry point into the field for students and an essential resource for scholars.

American Memories

Joachim J. Savelsberg,Ryan D. King
American Memories Book PDF

Author : Joachim J. Savelsberg,Ryan D. King
Publisher : Russell Sage Foundation
Page : 265 pages
File Size : 44,5 Mb
Release : 2011-09-01
Category : Political Science
ISBN : 9781610447492

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American Memories by Joachim J. Savelsberg,Ryan D. King Pdf

In the long history of warfare and cultural and ethnic violence, the twentieth century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide. Despite this global trend toward accountability, American collective memory appears distinct in that it tends to glorify the nation’s past, celebrating triumphs while eliding darker episodes in its history. In American Memories, sociologists Joachim Savelsberg and Ryan King rigorously examine how the United States remembers its own and others’ atrocities and how institutional responses to such crimes, including trials and tribunals, may help shape memories and perhaps impede future violence. American Memories uses historical and media accounts, court records, and survey research to examine a number of atrocities from the nation’s past, including the massacres of civilians by U.S. military in My Lai, Vietnam, and Haditha, Iraq. The book shows that when states initiate responses to such violence—via criminal trials, tribunals, or reconciliation hearings—they lay important groundwork for how such atrocities are viewed in the future. Trials can serve to delegitimize violence—even by a nation’s military— by creating a public record of grave offenses. But the law is filtered by and must also compete with other institutions, such as the media and historical texts, in shaping American memory. Savelsberg and King show, for example, how the My Lai slayings of women, children, and elderly men by U.S. soldiers have been largely eliminated from or misrepresented in American textbooks, and the army’s reputation survived the episode untarnished. The American media nevertheless evoked the killings at My Lai in response to the murder of twenty-four civilian Iraqis in Haditha, during the war in Iraq. Since only one conviction was obtained for the My Lai massacre, and convictions for the killings in Haditha seem increasingly unlikely, Savelsberg and King argue that Haditha in the near past is now bound inextricably to My Lai in the distant past. With virtually no criminal convictions, and none of higher ranks for either massacre, both events will continue to be misrepresented in American memory. In contrast, the book examines American representations of atrocities committed by foreign powers during the Balkan wars, which entailed the prosecution of ranking military and political leaders. The authors analyze news accounts of the war’s events and show how articles based on diplomatic sources initially cast Serbian President Slobodan Milosevic in a less negative light, but court-based accounts increasingly portrayed Milosevic as a criminal, solidifying his image for the public record. American Memories provocatively suggests that a nation’s memories don’t just develop as a rejoinder to events—they are largely shaped by institutions. In the wake of atrocities, how a state responds has an enduring effect and provides a moral framework for whether and how we remember violent transgressions. Savelsberg and King deftly show that such responses can be instructive for how to deal with large-scale violence in the future, and hopefully how to deter it. A Volume in the American Sociological Association’s Rose Series in Sociology.

History, Memory and Mass Atrocity

Dan Stone
History Memory and Mass Atrocity Book PDF

Author : Dan Stone
Publisher : Unknown
Page : 282 pages
File Size : 44,5 Mb
Release : 2006
Category : History
ISBN : UOM:39015064703831

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History, Memory and Mass Atrocity by Dan Stone Pdf

The book's main theme is the interpretation of the Holocaust and genocide in historiography, philosophy and the contemporary culture of commemoration. Running through the essays is an attempt to understand the Holocaust's relationship to 'modernity'; the need to find ways of understanding genocide through apparently 'non-rational' forms of explanation (especially derived from anthropology); and the desirability of relating the Holocaust to other instances of genocide. The book investigates the ways in which individual thinkers (Malinowski, Arendt, Bataille, Perec, Ricoeur) can help us conceptualise the Holocaust, and also deals with many of the major themes of Holocaust and Genocide Studies in recent years: problems of handling testimony; problems of erecting monuments and museums; the representability of the Holocaust through texts, photographs, monuments and museums; the possibility of understanding why individuals take part in genocide; and the relationship of the Holocaust to colonial genocide. Contains previously inaccessible essays. The book is arranged into four sections: interpretations of the origins and nature of the Holocaust; studies of individual thinkers' responses to the Holocaust; questions of representation and commemoration; and understanding genocide.

War and Rape

Nicola Henry
War and Rape Book PDF

Author : Nicola Henry
Publisher : Routledge
Page : 184 pages
File Size : 53,6 Mb
Release : 2012-07-26
Category : Political Science
ISBN : 9781136861833

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War and Rape by Nicola Henry Pdf

Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains ‘unspeakable’, particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is ‘remembered’, it is often the subject of political controversy and heated debate. In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do ‘counter-memories’ of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict. Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.

Legal Institutions and Collective Memories

Susanne Karstedt
Legal Institutions and Collective Memories Book PDF

Author : Susanne Karstedt
Publisher : Bloomsbury Publishing
Page : 428 pages
File Size : 49,5 Mb
Release : 2009-08-03
Category : Law
ISBN : 9781847315236

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Legal Institutions and Collective Memories by Susanne Karstedt Pdf

In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory

Obeying Orders

Mark J. Osiel
Obeying Orders Book PDF

Author : Mark J. Osiel
Publisher : Routledge
Page : 506 pages
File Size : 40,7 Mb
Release : 2017-07-05
Category : Social Science
ISBN : 9781351502566

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Obeying Orders by Mark J. Osiel Pdf

A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti

The Figure of the Witness in International Criminal Tribunals

Benjamin Thorne
The Figure of the Witness in International Criminal Tribunals Book PDF

Author : Benjamin Thorne
Publisher : Taylor & Francis
Page : 209 pages
File Size : 44,5 Mb
Release : 2022-10-05
Category : Law
ISBN : 9781000590951

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The Figure of the Witness in International Criminal Tribunals by Benjamin Thorne Pdf

This book analyses how international criminal institutions, and their actors – legal counsels, judges, investigators, registrars – construct witness identity and memory. Filling an important gap within transitional justice scholarship, this conceptually led and empirically grounded interdisciplinary study takes the International Criminal Tribunal for Rwanda (ICTR) as a case study. It asks: How do legal witnesses of human rights violations contribute to memory production in transitional post-conflict societies? Witnessing at tribunals entails individuals externalising memories of violations. This is commonly construed within the transitional justice legal scholarship as an opportunity for individuals to ensure their memories are entered into an historical record. Yet this predominant understanding of witness testimony fails to comprehend the nature of memory. Memory construction entails fragments of individual and collective memories within a contestable and contingent framing of the past. Accordingly, the book challenges the claim that international criminal courts and tribunals are able to produce a collective memory of atrocities; as it maintains that witnessing must be understood as a contingent and multi-layered discursive process. Contributing to the specific analysis of witnessing and memory, but also to the broader field of transitional justice, this book will appeal to scholars and practitioners in these areas, as well as others in legal theory, global criminology, memory studies, international relations, and international human rights.

Breaking the Cycle of Mass Atrocities

Marina Aksenova,Elies van Sliedregt,Stephan Parmentier
Breaking the Cycle of Mass Atrocities Book PDF

Author : Marina Aksenova,Elies van Sliedregt,Stephan Parmentier
Publisher : Bloomsbury Publishing
Page : 268 pages
File Size : 54,9 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781509919451

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Breaking the Cycle of Mass Atrocities by Marina Aksenova,Elies van Sliedregt,Stephan Parmentier Pdf

Breaking the Cycle of Mass Atrocities investigates the role of international criminal law at different stages of mass atrocities, shifting away from its narrow understanding solely as an instrument of punishment of those most responsible. The book is premised on the idea that there are distinct phases of collective violence, and international criminal law contributes in one way or another to each phase. The authors therefore explore various possibilities for international criminal law to be of assistance in breaking the vicious cycle at its different junctures.