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Pillage means theft during war. Although the prohibition against pillage dates to the Roman Empire, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for commercial pillage of natural resources. And although pillage has been prosecuted in recent years, commercial actors are seldom held accountable for their role in fueling conflict. Reviving corporate liability for pillaging natural resources is not simply about protecting property rights during conflict--it can also play a significant role in preventing atrocity. Since the end of the Cold War, the illegal exploitation of natural resources has become a prevalent means of financing conflict. In countries including Angola, the Democratic Republic of the Congo, East Timor, Iraq, Liberia, Myanmar, and Sierra Leone, the illicit trade in natural resources has not only created incentives for violence, but has also furnished warring parties with the finances necessary to sustain some of the most brutal hostilities in recent history. In Corporate War Crimes, available in its second edition, law professor James G. Stewart offers a roadmap of the law governing pillage as applied to the illegal exploitation of natural resources by corporations and their officers. The text traces the evolution of the prohibition against pillage from its earliest forms through the Nuremburg trials to today's national laws and international treaties. In doing so, Stewart provides a long-awaited blueprint for prosecuting corporate plunder during war. Corporate War Crimes seeks to guide investigative bodies, war crimes prosecutors, and judges engaged with the technicalities of pillage. It should also be useful for advocates, political institutions, and companies interested in curbing resource wars. The report is available for download in English and French.
"He won't be tried in the United States. He can't be tried by an international tribunal. So Donald Rumsfeld will have to be prosecuted by book."—from The Trial of Donald RumsfeldThe Trial of Donald Rumsfeld lays out the evidence that high-level officials of the Bush administration ordered, authorized, implemented, and permitted war crimes, in particular the crimes of torture and cruel, inhuman, and degrading treatment.Using primary source documents ranging from Rumsfeld's "techniques chart" and Iraqi plaintiffs' statements to the testimony of whistleblowers and key pieces of reportage, the book sets forth evidence of a torture program that took place throughout the world: in Afghanistan, Iraq, Guantánamo, secret CIA prisons, and other places unknown.The accused are accorded a defense drawn from their memos and public statements. Readers are allowed to judge whether the Bush administration has engaged in torture and whom among the administration to hold responsible.Reminiscent of Christopher Hitchens's bestselling The Trial of Henry Kissinger, The Trial of Donald Rumsfeld constitutes one of the only attempts to hold high-ranking Bush administration officials criminally responsible for their actions.Includes excerpts from:• testimony from Abu Ghraib victims and the Tipton Three• the interrogation log from Mohammed al Qahtani's detainment at Guantánamo• the Gonzales, Yoo, and Bybee memos• the U.S. Army's Fay/Jones Report on the abuse of prisoners at Abu Ghraib• the August 2004 Final Report of the Independent Panel to Review Department of Defense Detention Operations• testimony from the former head of Abu Ghraib, Janis Karpinski• and analyses by Peter Weiss, Wolfgang Kaleck, Vincent Warren, and others
All the key findings of the public inquiry into the handling of the 2003 Iraq war by the British government led by Tony Blair. Chaired by Sir John Chilcot, the Iraq Inquiry (known as the 'Chilcot Report') tackled: Saddam Hussein's threat to Britainthe legal advice for the invasionintelligence about weapons of mass destruction andplanning for a post-conflict Iraq. This 60,000-word executive summary was published in July 2016. Philippe Sands QC wrote in the London Review of Books: 'It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate.' Published under an Open Government Licence, this book aims to make better known the findings of the Iraq Inquiry, which took seven years to complete at a cost of £10 million. The text, headings, footnotes and any emphasis are exactly those of the original document. Contents Introduction Pre-conflict strategy and planning The UK decision to support US military action Why Iraq? Why now? The UK's relationship with the US Decision-making Advice on the legal basis for military action Weapons of mass destruction Planning for a post-Saddam Hussein Iraq The post-conflict period Occupation Transition Planning for withdrawal Did the UK achieve its objectives in Iraq? Key findings Lessons Timeline of events REVIEWS The Iraq Inquiry, chaired by Sir John Chilcot and composed of five privy councillors, finally published its report on the morning of 6 July, seven years and 21 days after it was established by Gordon Brown with a remit to look at the run-up to the conflict, the conflict itself and the reconstruction, so that we can learn lessons. It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate. — Philippe Sands, London Review of Books A more productive way to think of the Chilcot report is as a tool to help us set agendas for renewed best efforts in creating more effective and accountable statecraft. Chilcot has confirmed that... we still do not have intelligent long-range planning by the armed forces in close and active cooperation with other government agencies, nor an adequate and integrated system for the collection and evaluation of intelligence information, nor do we have the highest possible quality and stature of personnel to lead us through these challenging times. — Derek B. Miller, The Guardian Although sceptics wondered how much more the very-long-awaited Report of the Iraq Inquiry by a committee chaired by Sir John Chilcot could tell us when it appeared at last in July, it proves to contain a wealth of evidence and acute criticism, the more weighty for its sober tone and for having the imprimatur of the official government publisher. In all, it is a further and devastating indictment not only of Tony Blair personally but of a whole apparatus of state and government, Cabinet, Parliament, armed forces, and, far from least, intelligence agencies. Among its conclusions the report says that there was no imminent threat from Saddam Hussein; that the British chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted; that military action was not a last resort... — Geoffrey Wheatcroft, The New York Review of Books Ideal for any student of politics, diplomacy, or conflict.
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.
This book explores the nature and scope of the provision requiring States to ‘ensure respect’ for international humanitarian law (IHL) contained within Common Article 1 of the 1949 Geneva Conventions. It examines the interpretation and application of this provision in a range of contexts, both thematic and country-specific. Accepting the clearly articulated notion of ‘respect’ for IHL, it builds on the existing literature studying the meaning of ‘ensure respect’ and outlines an understanding of the concept in situations such as enacting implementing legislation, diplomatic interactions, regulating private actors, targeting, detaining persons under IHL in non-international armed conflict, protecting civilians (including internally displaced populations) and prosecuting war crimes. It also considers topical issues such as counter-terrorism and foreign fighting. The book will be a valuable resource for practitioners, academics and researchers. It provides much needed practical reflection for States as to what ensuring respect entails, so that governments are able to address these obligations.
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Tells the story of "Chucky" Taylor, a young American who lost his soul in Liberia, the country where his African father was a ruthless warlord and dictator.
An “infuriating, fast-paced” (The Washington Post) account of the Navy SEALs of Alpha platoon, the startling accusations against their chief, Eddie Gallagher, and the courtroom battle that exposed the dark underbelly of America’s special forces—from a Pulitzer Prize–winning reporter WINNER OF THE COLORADO BOOK AWARD • “Nearly impossible to put down.”—Jon Krakauer, New York Times bestselling author of Where Men Win Glory and Into the Wild In this “brilliantly written” (The New York Times Book Review) and startling account, Pulitzer Prize–winning New York Times correspondent David Philipps reveals a powerful moral crucible, one that would define the American military during the years of combat that became known as “the forever war.” When the Navy SEALs of Alpha platoon returned from their 2017 deployment to Iraq, a group of them reported their chief, Eddie Gallagher, for war crimes, alleging that he’d stabbed a prisoner in cold blood and taken lethal sniper shots at unarmed civilians. The story of Alpha’s war, both in Iraq and in the shocking trial that followed the men’s accusations, would complicate the SEALs’ post-9/11 hero narrative, turning brothers-in-arms against one another and bringing into stark relief the choice that elite soldiers face between loyalty to their unit and to their country. One of the great stories written about American special forces, Alpha is by turns a battlefield drama, a courtroom thriller, and a compelling examination of how soldiers define themselves and live with the decisions in the heat of combat.