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"Trials (Crimes against humanity)"
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The Disappeared
The Disappeared tells the extraordinary saga of
Argentina's attempt to right the wrongs of an unspeakably dark
past. Using a recent human rights trial as his lens, Sam Ferguson
addresses two central questions of our age: How is mass atrocity
possible, and What should be done in its wake? From 1976 to 1983
thousands of people were the victims of state terrorism during
Argentina's so-called Dirty War. Ferguson recounts a
twenty-two-month trial of the most notorious perpetrators of this
atrocity, who ran a secret prison from the Naval Mechanics School
in Buenos Aires. The navy executed as many as five thousand
political \"subversives,\" most of whom were sedated and thrown alive
out of airplanes into the South Atlantic. The victims of these
secret death flights and others who went missing during the regime
are known as los desaparecidos -\"the disappeared.\" Ferguson
explores Argentina's novel response to mass atrocity: the country's
remarkable and controversial decisions in 2003 to repeal a series
of amnesty laws passed in the 1980s and to prosecute anew the
perpetrators of the Dirty War a generation after the collapse of
the country's last dictatorship. As of 2022 more than one thousand
aging military officers have been indicted for their involvement in
the Dirty War and hundreds of trials have commenced in the
country's civilian courts. Among the many facets of the book,
Ferguson takes an in-depth look at allegations that Father Jorge
Mario Bergoglio, now Pope Francis, was involved in the
disappearance of two Jesuit priests under his supervision in 1976.
Bergoglio was called to testify in a closed-chambers session.
Ferguson reviewed those secret proceedings and uses them as a
springboard to explore the Argentine Catholic Church and its
broader role in the Dirty War. The lingering but acute trauma of
the victims who testified at the trial underscores the moral
urgency of accountability. When a state strips its citizens of all
their rights, the only response that approximates reparation is to
restore the rule of law and punish the perpetrators. Yet the trial
also revealed the limits of using criminal law to respond to mass
atrocity. Justice demands a laser-like focus on evidence relevant
to a crime, but atrocity begs for social understanding. Can the law
ever bring full justice?
eBook
Writing history in international criminal trials
Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted empirical research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom.
eBook
The Khmer Rouge Tribunal
From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country's population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses. Here, Julie Bernath takes a different tack, deliberately decentering the trials in an effort to understand the ECCC in its particular context-and, by extension, the degree to which notions of transitional justice generally must be understood in particular social, cultural, and political contexts. She focuses on \"sites of resistance\" to the ECCC, including not only members of the elite political class but also citizens who do not, for a variety of tangled reasons, participate in the tribunal-and even resistance from victims of the regime and participants in the trials. Bernath demonstrates that the ECCC both shapes and is shaped by long-term contestation over Cambodia's social, economic, and political transformations, and thereby argues that transitional justice must be understood locally rather than as a homogenous good that can be implanted by international actors.
eBook
Anthropological Witness
Anthropological Witness tells
the story of Alexander Laban Hinton's encounter with an accused
architect of genocide and, more broadly, Hinton's attempt to
navigate the promises and perils of expert testimony. In
March 2016, Hinton served as an expert witness at the Extraordinary
Chambers in the Courts of Cambodia, an international tribunal
established to try senior Khmer Rouge leaders for crimes committed
during the 1975-79 Cambodian genocide. His testimony culminated in
a direct exchange with Pol Pot's notorious right-hand man, Nuon
Chea, who was engaged in genocide denial.
Anthropological Witness looks at big questions about
the ethical imperatives and epistemological assumptions involved in
explanation and the role of the public scholar in addressing issues
relating to truth, justice, social repair, and genocide. Hinton
asks: Can scholars who serve as expert witnesses effectively
contribute to international atrocity crimes tribunals where the
focus is on legal guilt as opposed to academic explanation? What
does the answer to this question say more generally about academia
and the public sphere? At a time when the world faces a multitude
of challenges, the answers Hinton provides to such questions about
public scholarship are urgent.
eBook
The Investigator
The war that broke out in the former Yugoslavia at the end of the twentieth century unleashed unspeakable acts of violence committed against defenseless civilians, including a grizzly mass murder at an Ovčara pig farm in 1991. An international tribunal was set up to try the perpetrators of crimes such as this, and one of the accused was Slavko Dokmanović, who at the time was the mayor of a local town. Vladimír Dzuro, a criminal detective from Prague, was one of the investigators charged with discovering what happened on that horrific night at Ovčara. The story Dzuro presents here, drawn from his daily notes, is devastating. It was a time of brutal torture, random killings, and the disappearance of innocent people. Dzuro provides a gripping account of how he and a handful of other investigators picked up the barest of leads that eventually led them to the gravesite where they exhumed the bodies. They were able to track down Dokmanović, only to find that taking him into custody was a different story altogether. The politics that led to the war hindered justice once it ended. Without any thoughts of risk to their own personal safety, Dzuro and his colleagues were determined to bring Dokmanović to justice. In addition to the story of the pursuit and arrest of Dokmanović, emThe Investigator/em provides a realistic picture of the war crime investigations that led to the successful prosecution of a number of war criminals. Visit warcrimeinvestigator.com for more information or watch a book trailer.
eBook
Reassessing the Nuremberg Military Tribunals
For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of \"Subsequent Trials\"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.
eBook
Court of Remorse
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
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