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Genocide and war crimes are increasingly the focus of scholarly and activist attention. Much controversy exists over how, precisely, these grim phenomena should be defined and conceptualized. Genocide, War Crimes & the West tackles this controversy, and clarifies our understanding of an important but under-researched dimension: the involvement of the US and other liberal democracies in actions that are conventionally depicted as the exclusive province of totalitarian and authoritarian regimes. Many of the authors are eminent scholars and/or renowned activists; in most cases, their contributions are specifically written for this volume. In the opening and closing sections of the book, analytical issues are considered, including questions of responsibility for genocide and war crimes, and institutional responses at both the domestic and international levels. The central section is devoted to an unprecedentedly broad range of original case studies of western involvement, or alleged involvement, in war crimes and genocide. At a moment in history when terrorism has become a near universal focus of public attention, this volume makes clear why the West, as a result of both its historical legacy and contemporary actions, so often excites widespread resentment and opposition throughout the rest of the world.
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
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.
These original essays show how the US government repeatedly aided certain regimes as they planned and then carried out crimes against humanity and genocide. What makes the collection unique—and chilling—is the inclusion of declassified documents generated by the US government at the time: memoranda, telegrams, letters, talking points, cables, discussion papers, and situation reports. In his introduction, Totten offers a critical assessment of US foreign policy as it pertains to genocide and crimes against humanity, and discusses the differences between those two terms. In the chapters that follow, each author presents a detailed analysis of a particular case of crimes against humanity or genocide by a foreign government against its own citizens, and discusses why and how the United States government was complicit.
Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.
This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Complicity is a ground-breaking examination of the legal culpability of the bystander told through the lens of the author's family experiences in the Holocaust. It provides an exploration of three distinct events: the death marches; the German occupation of Holland; and the German occupation of Hungary, all of which allow an in-depth discussion of the role of the bystander in varied circumstances. Through a narrative of his parents' stories, Amos Guiora, Professor of Law at the S.J. Quinney College of Law at the University of Utah, author, and former Lieutenant Colonel in the Israel Defense Fo.
This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.
From the killing fields of Rwanda and Srebrenica a decade ago to those of Darfur today, the United Nations has repeatedly failed to confront genocide. This is evinced, author and journalist Adam LeBor maintains, in a May 1995 document from Yasushi Akashi, the most senior UN official in the field during the Yugoslav wars, in which he refused to authorize air strikes against the Serbs for fear they would “weaken” Milosevic. More recently, in 2003, urgent reports from UN officials in the Sudan detailing atrocities from Darfur were ignored for a year because they were politically inconvenient. This book is the first to examine in detail the crucial role of the Secretariat, its relationship with the Security Council, and the failure of UN officials themselves to confront genocide. LeBor argues the UN must return to its founding principles, take a moral stand and set the agenda of the Security Council instead of merely following the lead of the great powers. LeBor draws on dozens of firsthand interviews with UN officials, current and former, and such international diplomats as Madeleine Albright, Richard Holbrooke, Douglas Hurd, and David Owen.This book will set the terms for discussion when UN Secretary General Kofi Annan steps down to make room for a new head of the world body, and political observers assess Annan’s legacy and look to the future of the world organization.