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Court of Remorse
Inside the International Criminal Tribunal for Rwanda
Thierry Cruvellier
University of Wisconsin Press, 2010
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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Defending Nazis in Postwar Czechoslovakia
Life of K. Resler, Defense Councel Ex Officio of K. H. Frank
Jakub Drápal
Karolinum Press, 2018
In this book, Czech lawyer and scholar Jakub Drápal tells the story of the life of Kamill Resler, an attorney who defended the most prominent Nazi tried in postwar Czechoslovakia: Karl Hermann Frank, who would go on to be executed for his role in organizing the massacres of the Czech villages Lidice and Ležáky in 1942. Celebrating Resler’s lifelong commitment to justice—to honoring even the most nefarious criminals’ right to a defense—Drápal highlights events that influenced Resler’s outlook and legal career, important cases that preceded Frank’s trial, Resler’s subsequent defenses of other Nazi criminals, and the final years of Resler’s life under the communist regime.
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Human Rights after Hitler
The Lost History of Prosecuting Axis War Crimes
Dan Plesch
Georgetown University Press, 2017

Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II.

From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC’s files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including “water treatment,” wartime sexual assault, and crimes by foot soldiers who were “just following orders.” Plesch’s book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.

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The Japanese On Trial
Allied War Crimes Operations in the East, 1945–1951
By Philip R. Piccigallo
University of Texas Press, 1979

This comprehensive treatment of post–World War II Allied war crimes trials in the Far East is a significant contribution to a neglected subject. While the Nuremberg and, to a lesser degree, Tokyo tribunals have received considerable attention, this is the first full-length assessment of the entire Far East operation, which involved some 5,700 accused and 2,200 trials.

After discussing the Tokyo trial, Piccigallo systematically examines the operations of each Allied nation, documenting procedure and machinery as well as the details of actual trials (including hitherto unpublished photographs) and ending with a statistical summary of cases.

This study allows a completely new assessment of the Far East proceedings: with a few exceptions, the trials were carefully and fairly conducted, the efforts of defense counsel and the elaborate review procedures being especially noteworthy. Piccigallo’s approach to this emotion-filled subject is straightforward and evenhanded throughout. He concludes with a discussion of the broader implications of such war crimes trials, a matter of interest to the general reader as well as to specialists in history, law, and international affairs.

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Justice in the Balkans
Prosecuting War Crimes in the Hague Tribunal
John Hagan
University of Chicago Press, 2003
Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council resolution to an institution with more than 1,000 employees and a $100 million annual budget. With Slobodan Milosevic now on trial and more than forty fellow indictees currently detained, the success of the Hague tribunal has forced many to reconsider the prospects of international justice. John Hagan's Justice in the Balkans is a powerful firsthand look at the inner workings of the tribunal as it has moved from an experimental organization initially viewed as irrelevant to the first truly effective international court since Nuremberg.

Creating an institution that transcends national borders is a challenge fraught with political and organizational difficulties, yet, as Hagan describes here, the Hague tribunal has increasingly met these difficulties head-on and overcome them. The chief reason for its success, he argues, is the people who have shaped it, particularly its charismatic chief prosecutor, Louise Arbour. With drama and immediacy, Justice in the Balkans re-creates how Arbour worked with others to turn the tribunal's fortunes around, reversing its initial failure to arrest and convict significant figures and advancing the tribunal's agenda to the point at which Arbour and her colleagues, including her successor, Carla Del Ponte (nicknamed the Bulldog), were able to indict Milosevic himself. Leading readers through the investigations and criminal proceedings of the tribunal, Hagan offers the most original account of the foundation and maturity of the institution.

Justice in the Balkans brilliantly shows how an international social movement for human rights in the Balkans was transformed into a pathbreaking legal institution and a new transnational legal field. The Hague tribunal becomes, in Hagan's work, a stellar example of how individuals working with collective purpose can make a profound difference.

"The Hague tribunal reaches into only one house of horrors among many; but, within the wisely precise remit given to it, it has beamed the light of justice into the darkness of man's inhumanity, to woman as well as to man."—The Times (London)
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A Reckoning
Philippine Trials of Japanese War Criminals
Sharon W. Chamberlain
University of Wisconsin Press, 2019
After World War II, thousands of Japanese throughout Asia were put on trial for war crimes. Examination of postwar trials is now a thriving area of research, but Sharon W. Chamberlain is the first to offer an authoritative assessment of the legal proceedings convened in the Philippines. These were trials conducted by Asians, not Western powers, and centered on the abuses suffered by local inhabitants rather than by prisoners of war. Her impressively researched work reveals the challenges faced by the Philippines, as a newly independent nation, in navigating issues of justice amid domestic and international pressures.

Chamberlain highlights the differing views of Filipinos and Japanese about the trials. The Philippine government aimed to show its commitment to impartial proceedings with just outcomes. In Japan, it appeared that defendants were selected arbitrarily, judges and prosecutors were biased, and lower-ranking soldiers were punished for crimes ordered by their superior officers. She analyzes the broader implications of this divergence as bilateral relations between the two nations evolved and contends that these competing narratives were reimagined in a way that, paradoxically, aided a path toward postwar reconciliation.
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Rhetorical Vectors of Memory in National and International Holocaust Trials
Marouf A. Hasian Jr.
Michigan State University Press, 2006

During the past several decades, the twentieth century Holocaust has become a defining event in many histories. This newfound respect for the Judeocide has been cathartic for both individuals and communities, in that it provides evidence that audiences around the world are rethinking the significance of the World War II narratives of bystanders, perpetrators, and victims. Given the complexities of these issues, scholars who are interested in studying Holocaust memory make choices about the questions on which they focus, the artifacts they select for analysis, and the perspectives they want to present.
Hasian reviews how national and international courts have used Holocaust trials as forums for debates about individuated justice, historical record keeping, and pedagogical memory work. He concludes that the trials involving Auschwitz, Demjanjuk, Eichmann, Finta, Nuremberg, Irving, Kastner, Keegstra, Sawoniuk, and Zündel are highly problematic. The author provides a rhetorical analysis of holocaust trials as a way of looking into the question of what role court proceedings play in the creation of Holocaust collective memories.

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Sacred Men
Law, Torture, and Retribution in Guam
Keith L. Camacho
Duke University Press, 2019
Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified the imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho argues, continues to directly inform the ideology used to justify the Guantánamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state.
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Testimony
Found Poems from the Special Court for Sierra Leone
Shanee Stepakoff
Bucknell University Press, 2021
IBPA Benjamin Franklin Award™ gold winner, poetry category

Sierra Leone’s devastating civil war barely caught the attention of Western media, but it raged on for over a decade, bringing misery to millions of people in West Africa from 1991 to 2002. The atrocities committed in this war and the accounts of its survivors were duly recorded by international organizations, but they run the risk of being consigned to dusty historical archives. 
 
Derived from public testimonies at a UN-backed war crimes tribunal in Freetown, this remarkable poetry collection aims to breathe new life into the records of Sierra Leone’s civil war, delicately extracting heartbreaking human stories from the morass of legal jargon. By rendering selected trial transcripts in poetic form, Shanee Stepakoff finds a novel way to communicate not only the suffering of Sierra Leone’s people, but also their courage, dignity, and resilience. Her use of innovative literary techniques helps to ensure that the voices of survivors are not forgotten, but rather heard across the world. 
 
This volume also includes an introduction that explores how the genre of “found poetry” can serve as a uniquely powerful means through which writers may bear witness to atrocity. This book’s unforgettable excavation and shaping of survivor testimonies opens new possibilities for speaking about the unspeakable.
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The Trial of the Germans
An Account of the Twenty-two Defendants before the International Military Tribunal at Nuremberg
Eugene Davidson
University of Missouri Press, 1997

The "definitive one-volume study of Nuremberg," The Trial of the Germans is now available in paperback. An astute observer of the Nuremberg trial, Eugene Davidson has struggled with the issues it raised: Was it a necessary response to the heinous crimes of the Third Reich? How were Germany and the Germans capable of such extraordinary evil? Was the trial just, given the claims that the defendants were simply serving their country, doing as they had been told to do? And if not just, was it nonetheless necessary as a warning to prevent future crimes against humanity? Davidson's approach to these and other large questions of justice is made through examination of each of the defendants in the trial. His reluctant, but firm, conclusion is: "In a world of mixed human affairs where a rough justice is done that is better than lynching or being shot out of hand, Nuremberg may be defended as a political event if not as a court." Some sentences may have seemed too severe, but none was harsher than the punishments meted out to innocent people by the regime these men served. "In a certain sense," says Davidson, "the trial succeeded in doing what judicial proceedings are supposed to do: it convinced even the guilty that the verdict against them was just."

Faulty as the trial was from the legal point of view, a catharsis of the pent-up emotions of millions of people had to be provided and a record of what had taken place duly preserved for whatever use later generations would make of it.

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Twilight of Impunity
The War Crimes Trial of Slobodan Milosevic
Judith Armatta
Duke University Press, 2010
An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.
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