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Question of Punishment of War Criminals and of Persons who Have Committed Crimes Against Humanity by United Nations. Secretary-General (1961-1971 : Thant) Pdf
War Crimes by Matthew Talbert,Jessica Wolfendale Pdf
In 2005, US Marines killed 24 unarmed Iraqi civilians in the town of Haditha, including several children. How should we assess the perpetrators of this and other war crimes? Is it unfair to blame the Marines because they were subject to situational pressures such as combat stress (and had lost one of their own in combat)? Or should they be held responsible for their actions, since they intentionally chose to kill civilians? In this book, Matthew Talbert and Jessica Wolfendale take up these moral questions and propose an original theory of the causes of war crimes and the responsibility of war crimes perpetrators. In the first half of the book, they challenge accounts that explain war crimes by reference to the situational pressures endured by military personnel, including peer pressure, combat stress, and propaganda. The authors propose an alternative theory that explains how military personnel make sense of their participation in war crimes through their self-conceptions, goals, and values. In the second half of the book, the authors consider and reject theories of responsibility that excuse perpetrators on the grounds that situational pressures often encourage them to believe that their behavior is permissible. Such theories of responsibility are unacceptably exculpatory, implying it is unreasonable for victims of war crimes to blame their attackers. By contrast, Talbert and Wolfendale argue that perpetrators of war crimes may be blameworthy if their actions express objectionable attitudes towards their victims, even if they sincerely believe that what they are doing is right.
Encyclopedia of War Crimes and Genocide by Leslie Alan Horvitz,Christopher Catherwood Pdf
Entries address topics related to genocide, crimes against humanity and peace, and human rights violations; profile perpetrators including Joseph Stalin, Pol Pot, and Idi Amin; and discuss institutions set up to prosecute these crimes in countries around the world.
A World History of War Crimes by Michael Bryant Pdf
A World History of War Crimes provides a truly global history of war crimes and the involvement of the legal systems faced with these acts. Documenting the long historical arc traced by human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal norms, this book provides a comprehensive one-volume account of war and the laws that have governed conflict since the dawn of world civilizations. Throughout his narrative, Michael Bryant locates the origin and evolution of the law of war in the interplay between different cultures. While showing that no single philosophical idea underlay the law of war in world history, this volume also proves that war in global civilization has rarely been an anarchic free-for-all. Rather, from its beginnings warfare has been subject to certain constraints defined by the unique needs and cosmological understandings of the cultures that produce them. Only in late modernity has law assumed its current international humanitarian form. The criminalization of war crimes in international courts today is only the most recent development of the ancient theme of constraining when and how war may be fought.
War Crimes and Human Rights by William Schabas Pdf
This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law
Japanese War Criminals by Sandra Wilson,Robert Cribb,Beatrice Trefalt,Dean Aszkielowicz Pdf
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.
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.
Women as War Criminals by Izabela Steflja,Jessica Trisko Darden Pdf
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.
Sentencing War Crimes and Crimes Against Humanity Under the International Criminal Tribunal for the Former Yugoslavia by Olaoluwa Olusanya Pdf
How does one distinguish, for the purpose of imposing punishment of different degrees of severity, war crime offenses from similar offenses when committed as a crime against humanity? This books attempts to tackle the question and devise a system of fixed penalties which can be globally utilized as a basis for distinguishing between both categories of international crimes in terms of gravity and which is sufficiently flexible to accommodate the full gamut of relevant sentencing variables. Attention has also been given to the jurisprudence of World War II tribunals and national laws on both categories of international crimes.