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American Immunity
War Crimes and the Limits of International Law
Patrick Hagopian
University of Massachusetts Press, 2013
In 1955 the Supreme Court ruled that veterans of the U.S. armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Territorial limitations placed such acts beyond the jurisdiction of civilian courts, and there was no other American court in which they could be adjudicated. As a result, a jurisdictional gap emerged that for decades exempted former troops from prosecution for war crimes. "This was not merely a theoretical possibility," Patrick Hagopian writes. Over a dozen former soldiers who participated in the My Lai massacre did in fact "get away with murder." Further court rulings expanded the gap to cover civilian employees and contractors that accompanied the armed forces.

In American Immunity, Hagopian places what he calls the "superpower exemption" in the context of a long-standing tension between international law and U.S. sovereignty. He shows that despite the U.S. role in promulgating universal standards of international law and forming institutions where those standards can be enforced, the United States has repeatedly refused to submit its own citizens and troops to the jurisdiction of international tribunals and failed to uphold international standards of justice in its own courts.

In 2000 Congress attempted to close the jurisdictional gap with passage of the Military Extraterritorial Jurisdiction Act. The effectiveness of that legislation is still in question, however, since it remains unclear how willing civilian American juries will be to convict veterans for conduct in foreign war zones.
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American Memories
Atrocities and the Law
Joachim J. Savelsberg
Russell Sage Foundation, 2012
In the long history of warfare and cultural and ethnic violence, the twentieth century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide. Despite this global trend toward accountability, American collective memory appears distinct in that it tends to glorify the nation’s past, celebrating triumphs while eliding darker episodes in its history. In American Memories, sociologists Joachim Savelsberg and Ryan King rigorously examine how the United States remembers its own and others’ atrocities and how institutional responses to such crimes, including trials and tribunals, may help shape memories and perhaps impede future violence. American Memories uses historical and media accounts, court records, and survey research to examine a number of atrocities from the nation’s past, including the massacres of civilians by U.S. military in My Lai, Vietnam, and Haditha, Iraq. The book shows that when states initiate responses to such violence—via criminal trials, tribunals, or reconciliation hearings—they lay important groundwork for how such atrocities are viewed in the future. Trials can serve to delegitimize violence—even by a nation’s military— by creating a public record of grave offenses. But the law is filtered by and must also compete with other institutions, such as the media and historical texts, in shaping American memory. Savelsberg and King show, for example, how the My Lai slayings of women, children, and elderly men by U.S. soldiers have been largely eliminated from or misrepresented in American textbooks, and the army’s reputation survived the episode untarnished. The American media nevertheless evoked the killings at My Lai in response to the murder of twenty-four civilian Iraqis in Haditha, during the war in Iraq. Since only one conviction was obtained for the My Lai massacre, and convictions for the killings in Haditha seem increasingly unlikely, Savelsberg and King argue that Haditha in the near past is now bound inextricably to My Lai in the distant past. With virtually no criminal convictions, and none of higher ranks for either massacre, both events will continue to be misrepresented in American memory. In contrast, the book examines American representations of atrocities committed by foreign powers during the Balkan wars, which entailed the prosecution of ranking military and political leaders. The authors analyze news accounts of the war’s events and show how articles based on diplomatic sources initially cast Serbian President Slobodan Milosevic in a less negative light, but court-based accounts increasingly portrayed Milosevic as a criminal, solidifying his image for the public record. American Memories provocatively suggests that a nation’s memories don’t just develop as a rejoinder to events—they are largely shaped by institutions. In the wake of atrocities, how a state responds has an enduring effect and provides a moral framework for whether and how we remember violent transgressions. Savelsberg and King deftly show that such responses can be instructive for how to deal with large-scale violence in the future, and hopefully how to deter it. A Volume in the American Sociological Association’s Rose Series in Sociology.
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Evil Men
James Dawes
Harvard University Press, 2013

Presented with accounts of genocide and torture, we ask how people could bring themselves to commit such horrendous acts. A searching meditation on our all-too-human capacity for inhumanity, Evil Men confronts atrocity head-on—how it looks and feels, what motivates it, how it can be stopped.

Drawing on firsthand interviews with convicted war criminals from the Second Sino-Japanese War (1937–1945), James Dawes leads us into the frightening territory where soldiers perpetrated some of the worst crimes imaginable: murder, torture, rape, medical experimentation on living subjects. Transcending conventional reporting and commentary, Dawes’s narrative weaves together unforgettable segments from the interviews with consideration of the troubling issues they raise. Telling the personal story of his journey to Japan, Dawes also lays bare the cultural misunderstandings and ethical compromises that at times called the legitimacy of his entire project into question. For this book is not just about the things war criminals do. It is about what it is like, and what it means, to befriend them.

Do our stories of evil deeds make a difference? Can we depict atrocity without sensational curiosity? Anguished and unflinchingly honest, as eloquent as it is raw and painful, Evil Men asks hard questions about the most disturbing capabilities human beings possess, and acknowledges that these questions may have no comforting answers.

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How America Gets Away with Murder
Illegal Wars, Collateral Damage and Crimes Against Humanity
Michael Mandel
Pluto Press, 2004

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Keenie Meenie
The British Mercenaries Who Got Away with War Crimes
Phil Miller
Pluto Press, 2020
Keenie Meenie Services - the most powerful mercenary company you've never heard of - was involved in war crimes around the world from Sri Lanka to Nicaragua for which its shadowy directors have never been held accountable. 

Like its mysterious name, Keenie Meenie Services escaped definition and to this day has evaded sanctions. Now explosive new evidence - only recently declassified - exposes the extent of these war crimes, and the British government's tacit support for the company's operations. Including testimonies from SAS veterans, spy chiefs and diplomats, we hear from key figures battle-hardened by the Troubles in Northern Ireland and the Iranian Embassy siege. Investigative journalist Phil Miller asks, who were these mercenaries: heroes, terrorists, freedom fighters or war criminals?

This book presents the first ever comprehensive case against Keenie Meenie Services, providing long overdue evidence on the crimes of the people who make a killing from killing.
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Men to Devils, Devils to Men
Japanese War Crimes and Chinese Justice
Barak Kushner
Harvard University Press, 2015

The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War.

Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics.

In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men reveals a Cold War dynamic that still roils East Asian relations today.

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The Nuremberg Fallacy
Eugene Davidson
University of Missouri Press, 1998

Available for the first time in paperback, The Nuremberg Fallacy examines the inherent shortcomings of the Nuremberg "rules of war" and the War Crimes Tribunal's impossible expectations. In 1946, the Tribunal declared all aggressive war, war crimes, and crimes against humanity illegal. Yet the period since World War II has witnessed an unprecedented number of armed conflicts. In light of recent crises, including those in Rwanda, Bosnia and Serbia, and the Middle East, it is clear that the issues explored in The Nuremberg Fallacy are as relevant today as they were at the time of the book's first publication a quarter century ago.

In this volume, Eugene Davidson continues his investigations begun in The Trial of the Germans (University of Missouri Press), which studied the Nuremberg trials themselves, by focusing on five major conflicts since the end of World War II: the Suez crisis of 1956; Algeria's war of independence; Israel's recurring (and ongoing) battles with its Arab neighbors, complicated and worsened by intervention of the superpowers; the wars in Southeast Asia; and the Soviet Union's suppression of Czechoslovakia and other border states of Eastern Europe.

By exploring the roots and ramifications of these five conflicts, Davidson is able to chart the crosscurrents between large and small states, between individual nations and the United Nations, between the rules of Nuremberg and the significantly older rules of self- interest. The result is a thoughtful and thought-provoking study of the dynamics of war and peace in the post-Nuremberg world.

The rules of war proclaimed at Nuremberg—observing the flag of truce, prohibiting attacks on surrendered enemies, treating prisoners of war and civilian populations humanely—have become virtually irrelevant in modern guerrilla warfare. If anything, Davidson suggests, conditions have actually become worse than they were before the Nuremberg War Crimes Tribunal.

The continuing importance and relevance of The Nuremberg Fallacy is best summarized in the final sentences of Davidson's text: "The survival of a nation cannot be successfully entrusted to simplistic formulae or to principles that reflect unworkable doctrines. No computers have been programmed for the wisdom that remains essential for survival. People still have to provide that from their own inner and outer resources, no matter how far the weapons may seem to have outdistanced them."

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The Prosecutor and the Judge
Benjamin Ferencz and Antonio Cassese, Interviews and Writings
Heikelina Verrijn Stuart and Marlise Simons
Amsterdam University Press, 2009
The prestigious Praemium Erasmianum 2009 was awarded to Benjamin Ferencz and Antonio Cassese, who embody the history of international criminal law from Nuremberg to The Hague. The Prosecutor and the Judge is a meeting with these two remarkable men through in depth interviews by Heikelina Verrijn Stuart and Marlise Simons about their work and ideas, about the war crimes trials, human cruelty, the self-interest of states; about remorse in the courtroom, about restitution and compensation for victims and about the strength and the limitations of the international courts.
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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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Walking Away from Nuremberg
Just War and the Doctrine of Command Responsibility
Lawrence P. Rockwood
University of Massachusetts Press, 2007
In September 1994, Lawrence P. Rockwood, then a counterintelligence officer with the U.S. Army's Tenth Mountain Division, was deployed to Haiti as part of Operation Restore Democracy, the American-led mission to oust the regime of Raoul Cedras and reinstall President Jean-Bertrand Aristide. Shortly after arriving in-country, Captain Rockwood began receiving reports of human rights abuses at the local jails, including the murder of political prisoners. He appealed to his superiors for permission to take action but was repeatedly turned down. Eventually, after filing a formal complaint with an army inspector general, he set off to inspect the jails on his own. The next day, Captain Rockwood found himself on a plane headed back to the United States, where he was tried by court-martial, convicted on several counts, and discharged from military service. In this book, Rockwood places his own experience within the broader context of the American military doctrine of "command responsibility"—the set of rules that holds individual officers directly responsible for the commission of war crimes under their authority. He traces the evolution of this doctrine from the Civil War, where its principles were first articulated as the "Lieber Code," through the Nuremberg trials following World War II, where they were reaffirmed and applied, to the present. Rockwood shows how in the past half-century the United States has gradually abandoned its commitment to these standards, culminating in recent Bush administration initiatives that in effect would shield American commanders and officials from prosecution for many war crimes. The Abu Ghraib and Guantánamo prison abuse scandals, the recently disclosed illegal CIA detention centers, the unprecedented policy of tolerating acts considered as torture by both international standards and U.S. military doctrine, and the recent cover-ups of such combat-related war crimes as the Haditha massacre of November 2005, all reflect an "official anti-humanitarian" trend, Rockwood argues, that is at odds with our nation's traditions and principles.
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