James Taulbee

War Crimes and Trials

A Primary Source Guide

• Gebundenes Buch

Produktbeschreibung

This comprehensive reference work serves as an important resource for anyone interested in the international prosecution of war crimes and how it has evolved. War Crimes and Trials analyzes the evolution of war crime trials through primary sources. Beginning with a general discussion of why regulations for war have evolved, it then illustrates the resulting changes in the nature and consequences of war as well as attitudes toward war as a part of international life. Moreover, it contextualizes contemporary rules that pertain to both international and non-international armed conflicts. The heart of the book focuses on 12 World War II cases central to the development of war law over the next 50 years, including the Nuremberg and Tokyo trials of major war criminals. It additionally dedicates discussion to the evolution of the law after World War II as set in motion by the United Nations, the 1949 Geneva Conventions and amendments, the background and operation of the ad hoc international criminal courts, and the creation of the permanent International Criminal Court, illustrating problems and successes through 12 cases drawn from these four courts.

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Produktdetails

• Verlag: ABC-CLIO
• Seitenzahl: 410
• Erscheinungstermin: 31. Oktober 2018
• Englisch
• Abmessung: 260mm x 183mm x 27mm
• Gewicht: 963g
• ISBN-13: 9781440838002
• ISBN-10: 1440838003
• Artikelnr.: 53302463

Autorenporträt

James Larry Taulbee, PhD, is professor emeritus of political science at Emory University. He is author of several books as well as more than 175 peer-reviewed articles, op-eds, and other opinion pieces.

Inhaltsangabe

Preface Prelude: Purposes and Plan of the Book Abbreviations and Legal
Terms 1 What Is a War Crime? War and Armed Conflict Law and War Pre-World
War I: Evolution of Contemporary Law Document: Geneva Convention The Lieber
Code and the American Civil War Document: The Lieber Code (General Orders
No. 100) The 1899 and 1907 Hague Conventions Document: List of 1907 Hague
Conventions Document: 1907 Hague Convention IV: Annex Document: 1907 Hague
Convention X Naval Warfare Document: Manual of the Laws of Naval War
References 2 World War I: Leipzig Document: Report, Commission on the
Responsibility of the Authors of the War and on Enforcement of Penalties
Document: Treaty of Versailles Trials Trial Summaries #1: The Dover Castle
and the Llandovery Castle Document: Dover Castle Document: Llandovery
Castle Superior Orders as a Defense References 3 Between World War I and
World War II The League of Nations Document: Covenant of the League of
Nations Why Did the League Fail? The Kellogg-Briand Pact: Regulating the
jus ad bellum Document: Kellogg-Briand Pact-Treaty between the United
States and Other Powers Providing for the Renunciation of War as an
Instrument of National Policy What Did Kellogg-Briand Accomplish? Extending
the Scope of the jus in bello Chemical and Biological Weapons Document:
Protocol for the Prohibition of the Use in War of Asphyxiating Gas and of
Bacteriological Methods of Warfare Prisoners of War (POWs) Document:
Convention of July 27, 1929, Relative to the Treatment of Prisoners of War
References 4 World War II What Caused World War II? Germany War Crimes Nazi
Party Organizations Trials References 5 Anton Dostler Case Document: The
Führerbefehl of 18 October, 1942 Trial Summary #2: The Dostler Case
Document: The Anton Dostler Case The Importance of the Ruling on
Jurisdiction Reprisals Superior Orders as a Defense Reference 6 German
Concentration and Extermination Camps The "Final Solution" References 7
Zyklon B Trial Fritz Haber What Is Zyklon B? Fritz Haber and the Nazis
Preparing for the "Final Solution" Trial Summary #3: The Zyklon B Case
Document: The Zyklon B Case Setting the Stage for the Defense Some
Additional Notes for Future Reference References 8 Belsen Trial Charges
Trial Summary #4: Belsen Trial Document: Belsen Trial: Josef Kramer and 44
Others Some Observations about the Testimony A Note on Camp Organization
References 9 Buchenwald Trial Defendants Trial Summary #5: Buchenwald Trial
Document: Buchenwald Trial (United States of America v. Josias Prince zu
Waldeck et al.) Some Additional Findings of the Court References 10 The
Malmedy Massacre Trial Malmedy Trial Summary #6: Malmedy Massacre Document:
Malmedy Massacre (United States v. Valentin Bersin, et al.) The Rest of the
Story References 11 The Nuremberg Trial Document: International Conference
on Military Trials (London Charter) A Note on the Tokyo Trials Nuremberg:
Jurisdiction and Procedure Nuremberg Hermann Göring Rudolf Höss (Hoess)
Trial Summary #7: Trial of the Major War Criminals Was the Nuremberg Trial
an Exercise in Victor's Justice? Significance References 12 Allied Control
Council Law No. 10 Document: Allied Control Council Law No. 10 (CCL no.
10)-Punishment of Persons Guilty of War Crimes, Crimes against Peace and
against Humanity References 13 The Medical Case (Doctors' Trial): United
States v. Karl Brandt, et al. Trial Summary #8: The Medical Case Document:
United States v. Karl Brandt, et al. Why? References 14 Einsatzgruppen
Case: United States of America v. Otto Ohlendorf, et al. Otto Ohlendorf
Trial Summary #9: Einsatzgruppen Case Document: United States v. Otto
Ohlendorf, et al. Discussion A Curious Defense References 15 Tokyo War
Crimes Trial International Military Tribunal for the Far East Document:
Charter of the International Military Tribunal for the Far East Alliance
with Germany The War in the Pacific Emperor Hirohito General Hideki Tojo
Composition of the Court Trial Summary #10: Trial of Major Japanese War
Criminals Document: Trial of Major Japanese War Criminals The Tokyo Trials
and Victor's Justice References 16 General Tomoyuki Yamashita The
Yamashita Case: Command Responsibility Trial Summary #11: Trial of General
Tomoyuki Yamashita Document: In Re Yamashita 327 U.S. 1 (1946) The Rest of
the Story References 17 Khabarovsk War Crime Trial Japanese Bacteriological
Weapons Program Shiro Ishii and Unit 731 General Otozo Yamada Trial Summary
#12: General Otozo Yamada and Eleven Others Document: General Otozo Yamada
and Eleven Others Testimony War Crimes and the Politics of Self-Interest
References 18 The Eichmann Trial The Eichmann Saga The Wannsee Conference
Implementing the "Final Solution" Trial Summary #13: Karl Adolf Eichmann
Document: The Attorney General v. Adolf Eichmann Testimony Some Questions
without Good Answers References 19 My Lai Massacre: Vietnam War
Conscription (The Draft) The Defendant Army Operations in Vietnam The My
Lai Operation The Investigation The Uniform Code of Military Justice
Document: The Uniform Code of Military Justice Trial Summary #14: United
States v. Calley Document: United States v. William Laws Calley Jr.
Aftermath Changes References 20 Updating the Rules of War after World War
II What Changed? The United Nations Charter Document: The Charter of the
United Nations The Geneva Conventions Document: The 1949 Geneva Conventions
Geneva Convention for the Amelioration of the Conditions of the Wounded and
Sick in Armed Forces in the Field of August 12, 1949 (Geneva I) Geneva
Convention for the Amelioration of the Conditions of Wounded, Sick, and
Shipwrecked Members of Armed Forces at Sea of August 12, 1949 (Geneva II)
Geneva Convention Relative to the Treatment of Prisoners of War of August
12, 1949 (Geneva III) Geneva Convention for the Protection of Civilian
Persons in Time of War of August 12, 1949 (Geneva IV) The Common Articles
The Additional Protocols Document: Geneva Protocol Additional I Document:
Geneva Protocol Additional II Document: Protocol Additional III (2005)
Grave Breaches and War Crimes Moving from the Law on the Books to Making
the Law Work in Action References 21 The Genocide Convention The Genocide
Convention: The Politics of Definition Document: Convention on the
Prevention and Punishment of the Crime of Genocide Innovations and Problems
References 22 The International Criminal Tribunal for the Former Yugoslavia
Yugoslavia Mandate Document: The Statute of the International Tribunal for
the Prosecution of the Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the Territory of the Former
Yugoslavia since 1991 Structure The Appeals Chamber Office of the
Prosecutor and the Registry Mechanism for International Tribunals Guilty
Pleas Problems References 23 Dusko Tadic Trial Introduction: The Bosnian
Wars Dusko Tadic International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991 Document:
Rules of Procedure and Evidence What Is the Purpose of a Trial? Trial
Summary #15: Prosecutor v. Dusko Tadic (aka "Dule") Document: Opening
Statement by Presiding Judge Gabrielle Kirk McDonald Testimony Why Tadic?
References 24 Slobodan Milosevic The Dayton Agreement Kosovo and "The
Turks" Indictment and Transfer Trial Summary #16: Prosecutor v. Slobodan
Milosevic Testimony Document: Evidence That the Yugoslav Military had
Investigated and Prosecuted War Crimes A Mixed Legacy References 25 Radovan
Karadzic The Tribulations of Trials Trial Summary #17: Prosecutor v.
Radovan Karadzic Document: Prosecutor v. Radovan Karadzic Testimony Second
Witness Timely Justice and the Requirement of "Fair" Trials The Appeals
Process Document: Radovan Karadzic's Appeal Brief References 26 Trial of
Radislav Krstic Bosnian Serb Army Radislav Krstic Srebrenica Trial Summary
#18: Prosecutor v. Radislav Krstic Document: Prosecutor v. Radislav Krstic
Testimony The Appeal References 27 Croatia, Operation Storm, and Ante
Gotovina Croatia Document: Operation Storm: Croatia's Triumph, Serbia's
Grief Balkan Transitional Justice Croatia and the ICTY Ante Gotovina, Ivan
Cermak, and Mladen Markac Trial Summary #19: Appeal of Ante Gotovina and
Mladen Markac Document: Summary of Appeals Judgment Issues for the Future
Politics and the Law References 28 Rwanda: The Genocide Setting the Stage:
The Colonial Legacy Prelude to Genocide Refugees and the Rwandan Patriotic
Front The Situation in Rwanda Document: Hutu Ten Commandments Preparation
The Spark The Genocide Begins The RPF Advance The Whims of International
Response The International Criminal Tribunal for Rwanda References 29 The
International Criminal Tribunal for Rwanda: Jean-Paul Akayesu The Politics
of Places Establishing Genocide Document: Analysis Framework to Determine
If Genocide Has Occurred Trial Summary #20: Prosecutor v. Jean-Paul Akayesu
Document: Prosecutor v. Jean-Paul Akayesu Testimony Notable Firsts
Defending Accusations of Genocide Decision References 30 Prosecutor v.
Théoneste Bagosora, et al. (The Military Trial 1) Théoneste Bagosora
Gratien Kabiligi Aloys Ntabakuze Anatole Nsengiyumva Trial Summary #21:
Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Aloys Ntabakuze, and
Anatole Nsengiyumva Document: ICTR-98-41-T Testimony The Problem of
Punishment Nature of Sentences References 31 Prosecutor v. Jean-Bosco
Barayagwiza, Ferdinand Nahimana, and Hassan Ngeze The Media Trial
Jean-Bosco Barayagwiza A Lesson in Legal Procedure Ferdinand Nahimana
Hassan Ngeze Trial Summary #22: Prosecutor v. Jean-Bosco Barayagwiza,
Ferdinand Nahimana, and Hassan Ngeze Document: "Judgement and Sentence,"
December 3, 2003 (paras. 392-398; 408-409) Testimony The Power of the Media
in a Closed Environment A Final Note on the ICTR References 32 The Special
Court for Sierra Leone: The Charles Taylor Trial Background: Liberia and
Sierra Leone Liberia Sierra Leone and Liberia Document: Statute of the
Special Court for Sierra Leone The Statute Charles Taylor Indictment Trial
Summary #23: Prosecutor v. Charles Ghankay Taylor Document: Prosecutor v.
Charles Ghankay Taylor Testimony Appeal The Residual Special Court
References 33 The International Criminal Court Politics and Promise
Document: Rome Statute of the International Criminal Court A Note on Other
Courts Structure and Jurisdiction How Do Cases Come to the Court? Article
16: Deferral of Investigation and Prosecution Article 9: Elements of Crimes
Document: Elements of Crimes: Crimes against Humanity Article 7: Crimes
against Humanity The United States and the ICC Other Crises: The Politics
of Prosecution Deferred Issue: The Crime of Aggression Document:
Jurisdiction over the Crime of Aggression Activation Document: Elements of
Crimes: Aggression References 34 Prosecutor v. Thomas Lubanga Dyilo
Democratic Republic of the Congo Referral and Arrest Warrant of Arrest
Warrant for Thomas Lubanga Dyilo Document: Warrant of Arrest, Situation in
the Democratic Republic of the Congo in the Case of the Prosecutor v.
Thomas Lubanga Dyilo Legal Issues Prior to the Trial The First Stay of
Trial Proceedings The Second Stay of Trial Proceedings Trial Summary #24:
Prosecutor v. Thomas Lubanga Dyilo Document: XI. Individual Criminal
Responsibility of Thomas Lubanga (Article 25(3)(A) of the Statute Testimony
Controversy References 35 Prosecutor v. Jean-Pierre Bemba Gombo Bemba and
the First Congo War (1996) The Second Congo War Movement toward Peace Bemba
and the 2006 Presidential Election Indictment and Arrest Role of the LAC
The Plot to Prevent the Trial Trial Summary #25: Prosecutor v. Jean-Pierre
Bemba Gombo Document: Definition of Command Responsibility A Crime Not
Punished Appeals Chamber Decision References Index