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Author: George Ginsburgs
Publisher: BRILL
ISBN: 9004634460
Category : Law
Languages : en
Pages : 164
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Book Description
Recent events in former Yugoslavia and Rwanda have revived diplomatic interest in measures contemplating concerted action directed at the suppression and punishment of war crimes. Indeed, steps have already been initiated to set up war crimes tribunals to prosecute those responsible for such atrocities. Not to be outdone, Yeltsin's Foreign Minister has also issued a call for public discussion of the idea of `creating a system of international criminal justice with regard to crimes against peace and humanity, other international violations of the law.' The precedents of the Second World War in this venue thus seem relevant once again. Since the Soviet Union played a leading role in paving the way for the Nuremberg trial and respective proceedings before national tribunals, and Russia - as self-proclaimed heir and successor to the USSR - continues to exercise a great deal of influence in these matters today, a look at Moscow's doctrinal and practical scorecard may prove useful for future reference. The present study explores the Soviet regime's contribution to the prehistory of the Nuremberg trial, i.e., the repertory of official acts and pronouncements as well as scholarly treatment of issues which ultimately shaped the legal complexion of the Nuremberg test. Our focus in this case is on the mode of development of the style and substance of the bill of indictment until the day of the court's opening session from the standpoint of Moscow's stake in the operation. The views recorded during the trial in primary or secondary sources or those expressed later are taken into account only if they shed light on the preparatory stages of the drama. The subsequent evolution of Moscow's thoughts on the subject deserves a separate full-scale analysis.
Author: George Ginsburgs
Publisher: BRILL
ISBN: 9004634460
Category : Law
Languages : en
Pages : 164
Get Book Here
Book Description
Recent events in former Yugoslavia and Rwanda have revived diplomatic interest in measures contemplating concerted action directed at the suppression and punishment of war crimes. Indeed, steps have already been initiated to set up war crimes tribunals to prosecute those responsible for such atrocities. Not to be outdone, Yeltsin's Foreign Minister has also issued a call for public discussion of the idea of `creating a system of international criminal justice with regard to crimes against peace and humanity, other international violations of the law.' The precedents of the Second World War in this venue thus seem relevant once again. Since the Soviet Union played a leading role in paving the way for the Nuremberg trial and respective proceedings before national tribunals, and Russia - as self-proclaimed heir and successor to the USSR - continues to exercise a great deal of influence in these matters today, a look at Moscow's doctrinal and practical scorecard may prove useful for future reference. The present study explores the Soviet regime's contribution to the prehistory of the Nuremberg trial, i.e., the repertory of official acts and pronouncements as well as scholarly treatment of issues which ultimately shaped the legal complexion of the Nuremberg test. Our focus in this case is on the mode of development of the style and substance of the bill of indictment until the day of the court's opening session from the standpoint of Moscow's stake in the operation. The views recorded during the trial in primary or secondary sources or those expressed later are taken into account only if they shed light on the preparatory stages of the drama. The subsequent evolution of Moscow's thoughts on the subject deserves a separate full-scale analysis.
Author: Kim Christian Priemel
Publisher: Oxford University Press
ISBN: 0192563742
Category : History
Languages : en
Pages : 496
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Book Description
At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity' had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence from a presumed Western path of development, Allied prosecutors sketched a historical trajectory which had led Germany to betray the Western model. Historical reasoning both accounted for the moral breakdown of a 'civilised' nation and rendered plausible arguments that this had indeed been a collective failure rather than one of a small criminal clique. The prosecutors therefore carefully laid out how institutions such as private enterprise, academic science, the military, or bureaucracy, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitler's rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist which was of obvious appeal in the Cold War to come: if Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal thus also explores how history underpins transitional trials as we encounter them in today's courtrooms from Arusha to The Hague.
Author: David Fraser
Publisher: U of Nebraska Press
ISBN: 0803234384
Category : Law
Languages : en
Pages : 390
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Book Description
In the spring of 1942, Nazi forces occupying the Ukraine launched a wave of executions targeting the region's remaining Jewish communities. These mass shootings were open, public, and intimate. Although the victims themselves could never testify against their killers, many eyewitnesses could and did identify the perpetrators. Among these communities, three local men from the villages of Serniki, Israylovka, and Gnivan were intimately implicated in such killing operations: Ivan Polyukhovich, a forester in the German-controlled administration; Heinrich Wagner, aVolksdeutscherliaison officer; and Mikolay Berezowsky, a member of the local police force. More than fifty years later, these three men were arrested and brought to trial in Australia for their alleged war crimes. Daviborshch's Cartis more than an account of Holocaust perpetrators who found a safe haven in postwar Australia. It is also the story of the Holocaust in the Ukraine, the War Crimes Act, Nazi policies, and the ways in which future generations translate history into law, archives into proof, and law into justice. Based on a review of previously unexamined historical and legal documents and transcripts,Daviborshch's Cartoffers the first critical examination of Australian attempts to bring alleged Nazi criminals to justice.
Author: Immi Tallgren
Publisher: Oxford University Press
ISBN: 0192565133
Category : Law
Languages : en
Pages : 289
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Book Description
The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.
Author: John Cox
Publisher: Routledge
ISBN: 1000437361
Category : History
Languages : en
Pages : 170
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Book Description
Genocide denial not only abuses history and insults the victims but paves the way for future atrocities. Yet few, if any, books have offered a comparative overview and analysis of this problem. Denial: The Final Stage of Genocide? is a resource for understanding and countering denial. Denial spans a broad geographic and thematic range in its explorations of varied forms of denial—which is embedded in each stage of genocide. Ranging far beyond the most well-known cases of denial, this book offers original, pathbreaking arguments and contributions regarding: competition over commemoration and public memory in Ukraine and elsewhere transitional justice in post-conflict societies; global violence against transgender people, which genocide scholars have not adequately confronted; music as a means to recapture history and combat denial; public education’s role in erasing Indigenous history and promoting settler-colonial ideology in the United States; "triumphalism" as a new variant of denial following the Bosnian Genocide; denial vis-à-vis Rwanda and neighboring Congo (DRC). With contributions from leading genocide experts as well as emerging scholars, this book will be of interest to scholars and students of history, genocide studies, anthropology, political science, international law, gender studies, and human rights.
Author: D. Crowe
Publisher: Springer
ISBN: 1137037016
Category : Political Science
Languages : en
Pages : 643
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Book Description
In this sweeping, definitive work, historian David Crowe offers an unflinching account of the long and troubled history of genocide and war crimes. From ancient atrocities to more recent horrors, he traces their disturbing consistency but also the heroic efforts made to break seemingly intractable patterns of violence and retribution.
Author: Richard Bosworth
Publisher: Cambridge University Press
ISBN: 1316298566
Category : History
Languages : en
Pages : 754
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Book Description
War is often described as an extension of politics by violent means. With contributions from twenty-eight eminent historians, Volume 2 of The Cambridge History of the Second World War examines the relationship between ideology and politics in the war's origins, dynamics and consequences. Part I examines the ideologies of the combatants and shows how the war can be understood as a struggle of words, ideas and values with the rival powers expressing divergent claims to justice and controlling news from the front in order to sustain moral and influence international opinion. Part II looks at politics from the perspective of pre-war and wartime diplomacy as well as examining the way in which neutrals were treated and behaved. The volume concludes by assessing the impact of states, politics and ideology on the fate of individuals as occupied and liberated peoples, collaborators and resistors, and as British and French colonial subjects.
Author: Michael S. Bryant
Publisher: Hackett Publishing
ISBN: 1624668631
Category : History
Languages : en
Pages : 251
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Book Description
“With this timely book in Hackett Publishing's Passages series, Michael Bryant presents a wide-ranging survey of the trials of Nazi war criminals in the wartime and immediate postwar period. Introduced by an extensive historical survey putting these proceedings into their international context, this volume makes the case, central to Hackett's collection for undergraduate courses, that these events constituted a 'key moment' that has influenced the course of history. Appended to Bryant's analysis is a substantial section of primary sources that should stimulate student discussion and raise questions that are pertinent to warfare and human rights abuses today.” —Michael R. Marrus, Chancellor Rose and Ray Wolfe Professor Emeritus of Holocaust Studies at the University of Toronto
Author: Liora Israël
Publisher: Springer Science & Business Media
ISBN: 9067049301
Category : Law
Languages : en
Pages : 272
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Book Description
Democratic ‘transitions’ in Latin America, Eastern Europe, and South Africa, often studied under the conceptual rubric of ‘transitional justice’, have involved the formation of public policies toward the past that are multifaceted and often ambitious. Recent scholarship rarely questions the concepts and categories transposed from one country to another. This is true both in the language of political life and in the social sciences examining past-oriented public policy, especially policy toward ‘ethnic cleansing’ and the line between the language of political practice, legal analysis, and scholarly discourse has been quite porous. This book examines how these phenomena have been described and understood by focusing recent processes, such as the advent of international criminal justice, in relation to previous postwar and recent purges. By crossing disciplinary approaches and periods, the authors pay attention to three main aspects: the legal or political concepts used (and/or the ones mobilized in the academic work); the circulation of categories, know-how, and arguments; the different levels that can shed light on transitions.
Author: Anton Weiss-Wendt
Publisher: Central European University Press
ISBN: 9633861659
Category : History
Languages : en
Pages : 333
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Book Description
Estonia is perhaps the only country in Europe that lacks a comprehensive history of its Jewish minority. Spanning over 150 years of Estonian Jewish history, On the Margins is a truly unique book. Rebuilding a life beyond so-called Pale of Jewish Settlement in the Russian Empire, the Jewish cultural autonomy in interwar Estonia, and the trauma of Soviet occupation of 1940?41 are among the issues addressed in the book but most profoundly, the book wrestles with the subject of the Holocaust and its legacy in Estonia. Specifically, it examines the quasi-legal system of murder instituted in Nazi-occupied Estonia, confiscation of Jewish property, and Jewish forced labor camps and develops an analysis of the causes of collaboration during the Holocaust. The book also explores the dynamics of war crimes trials in the Soviet Union since the 1960s and so-called denaturalization trials in the United States in the 1980s. The haunting memory of Soviet and Nazi rule, the book concludes, prevents a larger segment of today?s Estonian population from facing up to the Holocaust and the universal message that it carries.
