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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.
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.
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.
Previous edition, 1st, published in 2000.
Drawing on a wide range of archival sources, this book provides a comprehensive history of the Frankfurt Auschwitz trial.
The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multilevel courts operating in concert. This book makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. It focuses on the practices of Rwanda's post-genocide criminal courts.
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.
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.
"In the wake of the Second World War, how were the Allies to respond to the enormous crime of the Holocaust? Even in an ideal world, it would have been impossible to bring all the perpetrators to trial. Nevertheless, an attempt was made to prosecute some. Most people have heard of the Nuremberg trial and the Eichmann trial, though they probably have not heard of the Kharkov Trial--the first trial of Germans for Nazi-era crimes--or even the Dachau Trials, in which war criminals were prosecuted by the American military personnel on the former concentration camp grounds. This book uncovers ten "forgotten trials" of the Holocaust, selected from the many Nazi trials that have taken place over the course of the last seven decades. It showcases how perpetrators of the Holocaust were dealt with in courtrooms around the world--in the former Soviet Union, the United Kingdom, Israel, France, Poland, the United States and Germany--revealing how different legal systems responded to the horrors of the Holocaust. The book provides a graphic picture of the genocidal campaign against the Jews through eyewitness testimony and incriminating documents and traces how the public memory of the Holocaust was formed over time. The volume covers a variety of trials--of high-ranking statesmen and minor foot soldiers, of male and female concentration camps guards and even trials in Israel of Jewish Kapos--to provide the first global picture of the laborious efforts to bring perpetrators of the Holocaust to justice. As law professors and litigators, the authors provide distinct insights into these trials. "--
When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries