Michael Banton
- Published in print:
- 1996
- Published Online:
- November 2003
- ISBN:
- 9780198280613
- eISBN:
- 9780191598760
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280610.003.0002
- Subject:
- Political Science, International Relations and Politics
Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The ...
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Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The Tribunal's judgement was a foundation for the development of international human rights law by the UN.Less
Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The Tribunal's judgement was a foundation for the development of international human rights law by the UN.
Kevin Jon Heller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199554317
- eISBN:
- 9780191728624
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554317.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals ...
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This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the ‘major war criminals’ — the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers — the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes — crimes against peace, war crimes, and crimes against humanity — as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defences that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.Less
This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the ‘major war criminals’ — the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers — the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes — crimes against peace, war crimes, and crimes against humanity — as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defences that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
CHUSHICHI TSUZUKI
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198205890
- eISBN:
- 9780191676840
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205890.003.0016
- Subject:
- History, World Modern History, Political History
This chapter describes the new constitution and the Tokyo War Crimes Trial. It talks about the ‘unconditional’ surrender. It also presents some characteristics of the reform period of the American ...
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This chapter describes the new constitution and the Tokyo War Crimes Trial. It talks about the ‘unconditional’ surrender. It also presents some characteristics of the reform period of the American occupation. Democracy was not to be imposed. The chapter then explains the sabotaged democracy. In addition, it discusses the war crimes and the Far Eastern Military Tribunal. The revival of political parties under the occupation period is reported. The major concern of the Shidehara government was to put an end to the ‘aberration’ of wartime military rule and to return to pre-war parliamentary politics or what was known as Taisho democracy. Political parties took advantage of the Potsdam Declaration.Less
This chapter describes the new constitution and the Tokyo War Crimes Trial. It talks about the ‘unconditional’ surrender. It also presents some characteristics of the reform period of the American occupation. Democracy was not to be imposed. The chapter then explains the sabotaged democracy. In addition, it discusses the war crimes and the Far Eastern Military Tribunal. The revival of political parties under the occupation period is reported. The major concern of the Shidehara government was to put an end to the ‘aberration’ of wartime military rule and to return to pre-war parliamentary politics or what was known as Taisho democracy. Political parties took advantage of the Potsdam Declaration.
Dean Aszkielowicz
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9789888390724
- eISBN:
- 9789888390427
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888390724.003.0003
- Subject:
- History, Asian History
Long before the Second World War ended, the Allies were planning to prosecute Axis war criminals, including both those in positions of leadership and the perpetrators of individual crimes. There was ...
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Long before the Second World War ended, the Allies were planning to prosecute Axis war criminals, including both those in positions of leadership and the perpetrators of individual crimes. There was no standing war crimes court at the end of the Second World War, however, and the post-war trials were a watershed in international law. For the trials at Nuremberg and Tokyo, Allied planners drew on the development of international humanitarian law and international agreements signed by the combatants over the decades preceding the war. The vast majority of war criminals who were prosecuted did not face the court at Nuremberg or Tokyo: they appeared before national military tribunals which were conducted according to each prosecuting country’s war crimes law. The Australian War Crimes Act passed through the parliament in October 1945, shortly before trials began.Less
Long before the Second World War ended, the Allies were planning to prosecute Axis war criminals, including both those in positions of leadership and the perpetrators of individual crimes. There was no standing war crimes court at the end of the Second World War, however, and the post-war trials were a watershed in international law. For the trials at Nuremberg and Tokyo, Allied planners drew on the development of international humanitarian law and international agreements signed by the combatants over the decades preceding the war. The vast majority of war criminals who were prosecuted did not face the court at Nuremberg or Tokyo: they appeared before national military tribunals which were conducted according to each prosecuting country’s war crimes law. The Australian War Crimes Act passed through the parliament in October 1945, shortly before trials began.
Mark A. Lewis
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199660285
- eISBN:
- 9780191757716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660285.003.0009
- Subject:
- History, European Modern History, Political History
“New justice” ideas concerning the validity of post-war prosecution entered the revision of the Geneva Conventions in an expected way. The International Committee of the Red Cross was not willing ...
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“New justice” ideas concerning the validity of post-war prosecution entered the revision of the Geneva Conventions in an expected way. The International Committee of the Red Cross was not willing initially to get involved in war crimes trials after World War Two, considering them exercises in victor's justice. One delegate even lobbied Great Britain to halt war crimes trials. However, other Red Cross officials favored criminal prosecution to ensure compliance with the Geneva Conventions in the future, as long as there were adequate safeguards for the accused. International jurists, some with ties to the Nuremberg proceedings and to international criminal law, supported universal jurisdiction and an international criminal court for violations, but British and U.S. officials opposed them. In the end, the creation of the “grave breaches” provisions in the Geneva Conventions synthesized traditional legal concepts with “new justice” ideas.Less
“New justice” ideas concerning the validity of post-war prosecution entered the revision of the Geneva Conventions in an expected way. The International Committee of the Red Cross was not willing initially to get involved in war crimes trials after World War Two, considering them exercises in victor's justice. One delegate even lobbied Great Britain to halt war crimes trials. However, other Red Cross officials favored criminal prosecution to ensure compliance with the Geneva Conventions in the future, as long as there were adequate safeguards for the accused. International jurists, some with ties to the Nuremberg proceedings and to international criminal law, supported universal jurisdiction and an international criminal court for violations, but British and U.S. officials opposed them. In the end, the creation of the “grave breaches” provisions in the Geneva Conventions synthesized traditional legal concepts with “new justice” ideas.
Mark Lewis
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199660285
- eISBN:
- 9780191757716
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660285.001.0001
- Subject:
- History, European Modern History, Political History
The Birth of the New Justice explains the history of plans for ad hoc and permanent international criminal courts and new international criminal laws to repress aggressive war, war ...
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The Birth of the New Justice explains the history of plans for ad hoc and permanent international criminal courts and new international criminal laws to repress aggressive war, war crimes, terrorism, and genocide. Rather than arguing that these legal projects were attempts by state governments to project a “liberal legalism” and create an international state system that limited sovereignty, the book shows that European jurists in a variety of transnational organizations developed their ideas due to diverse motives—liberal, conservative, utopian, humanitarian, nationalist, and particularist. European jurists at the Paris Peace Conference in 1919 created a controversial new philosophy of prosecution and punishment, and during the following decades, jurists in different organizations, including the International Law Association, International Association of Criminal Law, the World Jewish Congress, and the International Committee of the Red Cross, transformed the idea of the legitimacy of post-war trials and the concept of international crime to deal with myriad social and political problems. The concept of an international criminal court was never static, and the idea that national tribunals would form an integral part of an international system to enforce new laws was frequently advanced as a pragmatic—and politically convenient—solution.Less
The Birth of the New Justice explains the history of plans for ad hoc and permanent international criminal courts and new international criminal laws to repress aggressive war, war crimes, terrorism, and genocide. Rather than arguing that these legal projects were attempts by state governments to project a “liberal legalism” and create an international state system that limited sovereignty, the book shows that European jurists in a variety of transnational organizations developed their ideas due to diverse motives—liberal, conservative, utopian, humanitarian, nationalist, and particularist. European jurists at the Paris Peace Conference in 1919 created a controversial new philosophy of prosecution and punishment, and during the following decades, jurists in different organizations, including the International Law Association, International Association of Criminal Law, the World Jewish Congress, and the International Committee of the Red Cross, transformed the idea of the legitimacy of post-war trials and the concept of international crime to deal with myriad social and political problems. The concept of an international criminal court was never static, and the idea that national tribunals would form an integral part of an international system to enforce new laws was frequently advanced as a pragmatic—and politically convenient—solution.
Mark A. Lewis
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199660285
- eISBN:
- 9780191757716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660285.003.0007
- Subject:
- History, European Modern History, Political History
Legal groups devoted to building international criminal law between 1919 and 1939 were rarely concerned with the rights of minorities or what are today called “human rights.” During World War Two, an ...
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Legal groups devoted to building international criminal law between 1919 and 1939 were rarely concerned with the rights of minorities or what are today called “human rights.” During World War Two, an organization that had been involved in minority rights, but not criminal prosecution—the World Jewish Congress—began developing new legal theories to prosecute Nazis who had planned and ordered crimes against Jews inside and outside of Germany. This was a challenging legal problem because many of these crimes were not covered under the Hague and Geneva Conventions. The World Jewish Congress successfully lobbied Allied government to include crimes against the Jews at the first Nuremberg trial and contributed a major legal brief that heavily influenced the U.S. prosecution. However, the Congress’ ultimate impact on the legal judgment was limited. Its main contribution was to advance a new concept of a “victim-centered” justice that included trials, restitution, and reparationsLess
Legal groups devoted to building international criminal law between 1919 and 1939 were rarely concerned with the rights of minorities or what are today called “human rights.” During World War Two, an organization that had been involved in minority rights, but not criminal prosecution—the World Jewish Congress—began developing new legal theories to prosecute Nazis who had planned and ordered crimes against Jews inside and outside of Germany. This was a challenging legal problem because many of these crimes were not covered under the Hague and Geneva Conventions. The World Jewish Congress successfully lobbied Allied government to include crimes against the Jews at the first Nuremberg trial and contributed a major legal brief that heavily influenced the U.S. prosecution. However, the Congress’ ultimate impact on the legal judgment was limited. Its main contribution was to advance a new concept of a “victim-centered” justice that included trials, restitution, and reparations
Michael S. Sherry
- Published in print:
- 2020
- Published Online:
- January 2022
- ISBN:
- 9781469660707
- eISBN:
- 9781469660721
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469660707.003.0002
- Subject:
- History, Political History
President Lyndon B. Johnson responded to the era’s turmoil (above all, racial violence and the failing American war in Vietnam) by declaring a “war on crime” and starting a shift of war-fighting ...
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President Lyndon B. Johnson responded to the era’s turmoil (above all, racial violence and the failing American war in Vietnam) by declaring a “war on crime” and starting a shift of war-fighting resources to crime-fighting, advancing its militarization. Insofar as one president deserves blame for initiating the punitive turn, he does. Shaped by their understanding of World War II. both liberals and conservatives also played major roles.Less
President Lyndon B. Johnson responded to the era’s turmoil (above all, racial violence and the failing American war in Vietnam) by declaring a “war on crime” and starting a shift of war-fighting resources to crime-fighting, advancing its militarization. Insofar as one president deserves blame for initiating the punitive turn, he does. Shaped by their understanding of World War II. both liberals and conservatives also played major roles.
Kevin Jon Heller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199554317
- eISBN:
- 9780191728624
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554317.003.0002
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter focuses on the creation of the OCC, the organization responsible for overseeing the twelve Nuremberg Military Tribunal (NMT) trials. Section 1 discusses the approval of JCS 1023/10, the ...
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This chapter focuses on the creation of the OCC, the organization responsible for overseeing the twelve Nuremberg Military Tribunal (NMT) trials. Section 1 discusses the approval of JCS 1023/10, the directive issued by the Joint Chiefs of Staff in July 1945 that first authorized the U.S. military to conduct trials in the American zone of occupation. Section 2 addresses the Allied Control Council's enactment of Control Council Law No. 10, the U.S. decision to create the NMTs, and Telford Taylor's appointment as the head of the Subsequent Proceedings Division (SPD), the forerunner to the OCC. Section 3 examines the early logistical issues that limited the SPD's ability to create a comprehensive prosecutorial program, the most important of which was the prospect of a second International Military Tribunal trial. Throughout, the chapter emphasizes the role debates over whether industrialists should be prosecuted for international crimes played in the development of the Allied war-crimes program.Less
This chapter focuses on the creation of the OCC, the organization responsible for overseeing the twelve Nuremberg Military Tribunal (NMT) trials. Section 1 discusses the approval of JCS 1023/10, the directive issued by the Joint Chiefs of Staff in July 1945 that first authorized the U.S. military to conduct trials in the American zone of occupation. Section 2 addresses the Allied Control Council's enactment of Control Council Law No. 10, the U.S. decision to create the NMTs, and Telford Taylor's appointment as the head of the Subsequent Proceedings Division (SPD), the forerunner to the OCC. Section 3 examines the early logistical issues that limited the SPD's ability to create a comprehensive prosecutorial program, the most important of which was the prospect of a second International Military Tribunal trial. Throughout, the chapter emphasizes the role debates over whether industrialists should be prosecuted for international crimes played in the development of the Allied war-crimes program.
Lizbet Simmons
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780520281455
- eISBN:
- 9780520293144
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520281455.003.0002
- Subject:
- Education, Educational Policy and Politics
This chapter first charts the complex dynamics that have pushed students from school and pulled them toward the criminal justice system, setting up the terms of a black prison diaspora that are ...
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This chapter first charts the complex dynamics that have pushed students from school and pulled them toward the criminal justice system, setting up the terms of a black prison diaspora that are maintained throughout the book. It then argues that harsh school disciplinary policies, emerging from the punishing culture of the War on Crime era, curtail youth academic achievement and accelerate incarceration risk in the African American community. It describes how the concentrated effect of punishment has a destabilizing effect on the African American community and the American democratic project as a whole, while benefiting larger social, political, and economic strategies in a neoliberal and postindustrial context.Less
This chapter first charts the complex dynamics that have pushed students from school and pulled them toward the criminal justice system, setting up the terms of a black prison diaspora that are maintained throughout the book. It then argues that harsh school disciplinary policies, emerging from the punishing culture of the War on Crime era, curtail youth academic achievement and accelerate incarceration risk in the African American community. It describes how the concentrated effect of punishment has a destabilizing effect on the African American community and the American democratic project as a whole, while benefiting larger social, political, and economic strategies in a neoliberal and postindustrial context.
Simon Willmetts
- Published in print:
- 2016
- Published Online:
- January 2018
- ISBN:
- 9780748692996
- eISBN:
- 9781474421935
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748692996.003.0001
- Subject:
- Film, Television and Radio, Film
This chapter tells the story of the OSS Field Photographic Unit (FPU) and its impact on American cinema and society. Led by the legendary Hollywood film director John Ford, the FPU produced training, ...
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This chapter tells the story of the OSS Field Photographic Unit (FPU) and its impact on American cinema and society. Led by the legendary Hollywood film director John Ford, the FPU produced training, reconnaissance and propaganda films for the CIA’s wartime predecessor. In doing so, it is argued here, they made a significant contribution to what theorist Paul Virilio termed “the logistics of perception”, or the ways and means by which war is perceived. By helping to transform the second-hand experience of war from a predominantly textual to a mostly visual experience, the FPU left a profound legacy.Less
This chapter tells the story of the OSS Field Photographic Unit (FPU) and its impact on American cinema and society. Led by the legendary Hollywood film director John Ford, the FPU produced training, reconnaissance and propaganda films for the CIA’s wartime predecessor. In doing so, it is argued here, they made a significant contribution to what theorist Paul Virilio termed “the logistics of perception”, or the ways and means by which war is perceived. By helping to transform the second-hand experience of war from a predominantly textual to a mostly visual experience, the FPU left a profound legacy.
Mark A. Lewis
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199660285
- eISBN:
- 9780191757716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660285.003.0003
- Subject:
- History, European Modern History, Political History
After World War One, jurists on the Commission on Responsibilities at the Paris Peace Conference were divided about the types of criminal penalties the Allies should impose on political and military ...
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After World War One, jurists on the Commission on Responsibilities at the Paris Peace Conference were divided about the types of criminal penalties the Allies should impose on political and military figures from the Central Powers. European jurists favored the creation of an international tribunal, an innovation which U.S. jurists viewed as unprecedented and politically dangerous. Ultimately, there were no post-war extraditions or international tribunals because the Allies lost political interest, the defeated powers resisted, and the League of Nations’ Secretariat did not want to intervene. Still, European jurists on the Commission outlined an important set of ideas: post-war prosecution for war crimes was legitimate, an international tribunal was the best legal forum to present the victors’ political and moral perspective, and international law should be modernized to restore the moral order. Critics called the idea of prosecuting war criminals “the new justice” and contrasted it to the “old justice,” based on national laws and established procedures.Less
After World War One, jurists on the Commission on Responsibilities at the Paris Peace Conference were divided about the types of criminal penalties the Allies should impose on political and military figures from the Central Powers. European jurists favored the creation of an international tribunal, an innovation which U.S. jurists viewed as unprecedented and politically dangerous. Ultimately, there were no post-war extraditions or international tribunals because the Allies lost political interest, the defeated powers resisted, and the League of Nations’ Secretariat did not want to intervene. Still, European jurists on the Commission outlined an important set of ideas: post-war prosecution for war crimes was legitimate, an international tribunal was the best legal forum to present the victors’ political and moral perspective, and international law should be modernized to restore the moral order. Critics called the idea of prosecuting war criminals “the new justice” and contrasted it to the “old justice,” based on national laws and established procedures.
Sharon Weill
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199685424
- eISBN:
- 9780191765643
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199685424.003.0002
- Subject:
- Law, Public International Law, Comparative Law
This chapter discusses the apologist role of courts, in which they serve as a legitimating agency for state action. The first case study shows how the Israeli High Court of Justice (HCJ) contributed ...
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This chapter discusses the apologist role of courts, in which they serve as a legitimating agency for state action. The first case study shows how the Israeli High Court of Justice (HCJ) contributed to the creation and legitimization of a segregated regime in the Occupied Palestinian Territories by providing the state with the legal tools required to design and implement it. The HCJ has done this through the selective use (and misuse) of the law of military occupation. The second case study examines the jurisprudence of the Serbian War Crimes Chamber (WCC). The WCC is one of the few domestic courts in the world to prosecute its own nationals for war crimes committed in a conflict that ended just a few years before the court's creation. More generally, it deciphers the legitimating role of a national court which exercises criminal jurisdiction over former government officials.Less
This chapter discusses the apologist role of courts, in which they serve as a legitimating agency for state action. The first case study shows how the Israeli High Court of Justice (HCJ) contributed to the creation and legitimization of a segregated regime in the Occupied Palestinian Territories by providing the state with the legal tools required to design and implement it. The HCJ has done this through the selective use (and misuse) of the law of military occupation. The second case study examines the jurisprudence of the Serbian War Crimes Chamber (WCC). The WCC is one of the few domestic courts in the world to prosecute its own nationals for war crimes committed in a conflict that ended just a few years before the court's creation. More generally, it deciphers the legitimating role of a national court which exercises criminal jurisdiction over former government officials.
Simon Balto
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781469649597
- eISBN:
- 9781469649610
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469649597.003.0001
- Subject:
- Sociology, Law, Crime and Deviance
The introduction lays out the book’s key parameters. It offers a framework by which Black communities are shown to be simultaneously prone to being “overpoliced” (subject to undue surveillance, ...
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The introduction lays out the book’s key parameters. It offers a framework by which Black communities are shown to be simultaneously prone to being “overpoliced” (subject to undue surveillance, harassment, and violence from police) and “underprotected” (lacking the safety from personal and property crime that the police are nominally supposed to provide). It critically argues that studies that date America’s policing crisis to the War on Crime or War on Drugs are insufficient and that better attention must be paid to local histories of policing. In so doing, it also argues that if scholars and citizens are to understand why mass incarceration has been such a deeply racialized project from its inception, they must better understand how police departments themselves constructed regimes that punished blackness over the course of the twentieth century.Less
The introduction lays out the book’s key parameters. It offers a framework by which Black communities are shown to be simultaneously prone to being “overpoliced” (subject to undue surveillance, harassment, and violence from police) and “underprotected” (lacking the safety from personal and property crime that the police are nominally supposed to provide). It critically argues that studies that date America’s policing crisis to the War on Crime or War on Drugs are insufficient and that better attention must be paid to local histories of policing. In so doing, it also argues that if scholars and citizens are to understand why mass incarceration has been such a deeply racialized project from its inception, they must better understand how police departments themselves constructed regimes that punished blackness over the course of the twentieth century.
Michael S. Sherry
- Published in print:
- 2020
- Published Online:
- January 2022
- ISBN:
- 9781469660707
- eISBN:
- 9781469660721
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469660707.003.0003
- Subject:
- History, Political History
Richard Nixon’s politics and penchant for vengeance, rising agitation in and about America’s prisons, and conflict over the Vietnam War’s legacy (especially for veterans) fuelled Nixon’s destructive, ...
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Richard Nixon’s politics and penchant for vengeance, rising agitation in and about America’s prisons, and conflict over the Vietnam War’s legacy (especially for veterans) fuelled Nixon’s destructive, though unsteady, war on crime and its focus on drugs. The rehabilitative ideal—the belief that imprisonment might redeem criminals—came under assault from many quarters, while the Attica Prison uprising in 1971 exposed conflicting currents of punishment and redemption.Less
Richard Nixon’s politics and penchant for vengeance, rising agitation in and about America’s prisons, and conflict over the Vietnam War’s legacy (especially for veterans) fuelled Nixon’s destructive, though unsteady, war on crime and its focus on drugs. The rehabilitative ideal—the belief that imprisonment might redeem criminals—came under assault from many quarters, while the Attica Prison uprising in 1971 exposed conflicting currents of punishment and redemption.
Lizbet Simmons
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780520281455
- eISBN:
- 9780520293144
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520281455.003.0003
- Subject:
- Education, Educational Policy and Politics
This chapter explains how and why public schools and prisons have collaborated in the War on Crime era. It shows that the punitive shift in education catalyzes youth correctional vulnerability while ...
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This chapter explains how and why public schools and prisons have collaborated in the War on Crime era. It shows that the punitive shift in education catalyzes youth correctional vulnerability while serving larger social and political needs. Specifically, it documents the powerful influences of market forces in shaping school security expansion and what has been called the “at-risk youth industry.” As public schools have employed a correctional approach to education, they have established students' initial approach to correctional custody. In demonstrating how youths experience punitive schooling within the correctional spectrum of the at-risk youth industry, nationally and in New Orleans, the chapter revisits and revises current theories of the school-to-prison pipeline.Less
This chapter explains how and why public schools and prisons have collaborated in the War on Crime era. It shows that the punitive shift in education catalyzes youth correctional vulnerability while serving larger social and political needs. Specifically, it documents the powerful influences of market forces in shaping school security expansion and what has been called the “at-risk youth industry.” As public schools have employed a correctional approach to education, they have established students' initial approach to correctional custody. In demonstrating how youths experience punitive schooling within the correctional spectrum of the at-risk youth industry, nationally and in New Orleans, the chapter revisits and revises current theories of the school-to-prison pipeline.
Mark A. Lewis
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199660285
- eISBN:
- 9780191757716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199660285.003.0010
- Subject:
- History, European Modern History, Political History
Despite intellectual strides in the ideas of the “new justice” between 1919–1950 and their partial realization after 1945, prospects were weak at the start of the Cold War that international criminal ...
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Despite intellectual strides in the ideas of the “new justice” between 1919–1950 and their partial realization after 1945, prospects were weak at the start of the Cold War that international criminal enforcement could fundamentally alter the international system or prevent various types of violence—violations of the laws and customs of war, aggressive war, terrorism, and genocide. There were four major problems: domestic legal retribution or even private vengeance dominated many post-war European countries; new bodies in the United Nations had extremely limited powers of enforcement; Cold War politics blocked the debate on the creation of a permanent international criminal court and global penal code; and organizations such as the International Committee of the Red Cross and the Bureau for the Unification of Criminal Law could not pursue criminal enforcement because of other internal concerns.Less
Despite intellectual strides in the ideas of the “new justice” between 1919–1950 and their partial realization after 1945, prospects were weak at the start of the Cold War that international criminal enforcement could fundamentally alter the international system or prevent various types of violence—violations of the laws and customs of war, aggressive war, terrorism, and genocide. There were four major problems: domestic legal retribution or even private vengeance dominated many post-war European countries; new bodies in the United Nations had extremely limited powers of enforcement; Cold War politics blocked the debate on the creation of a permanent international criminal court and global penal code; and organizations such as the International Committee of the Red Cross and the Bureau for the Unification of Criminal Law could not pursue criminal enforcement because of other internal concerns.
Kim Christian Priemel
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780199669752
- eISBN:
- 9780191801020
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199669752.003.0003
- Subject:
- History, World Modern History, Cultural History
This chapter outlines the wartime debate among lawyers, politicians, and diplomats on how to deal with the unprecedented criminality of the Axis powers, notably of Nazi Germany. Both national and ...
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This chapter outlines the wartime debate among lawyers, politicians, and diplomats on how to deal with the unprecedented criminality of the Axis powers, notably of Nazi Germany. Both national and transnational, the discussion led to the decision to try ‘major’ criminals before an international tribunal which was to be established and run by the four main Allies. The chapter then moves on to show how different legal concepts and traditions, but also varying political objectives, were reconciled and sometimes glossed over at the London Conference in 1945 which set up the IMT. Serious shortcomings, notably in the selection of defendants, would later hamper the first, major trial, while organization-building in the four delegations was fraught with difficulties, material and personal. Finally, the chapter illustrates the avenues through which ideas about German divergence travelled to Nuremberg and came to inform the trial design.Less
This chapter outlines the wartime debate among lawyers, politicians, and diplomats on how to deal with the unprecedented criminality of the Axis powers, notably of Nazi Germany. Both national and transnational, the discussion led to the decision to try ‘major’ criminals before an international tribunal which was to be established and run by the four main Allies. The chapter then moves on to show how different legal concepts and traditions, but also varying political objectives, were reconciled and sometimes glossed over at the London Conference in 1945 which set up the IMT. Serious shortcomings, notably in the selection of defendants, would later hamper the first, major trial, while organization-building in the four delegations was fraught with difficulties, material and personal. Finally, the chapter illustrates the avenues through which ideas about German divergence travelled to Nuremberg and came to inform the trial design.
Zachary D. Kaufman
- Published in print:
- 2016
- Published Online:
- April 2016
- ISBN:
- 9780190243494
- eISBN:
- 9780190243524
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190243494.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
In this book Zachary D. Kaufman explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. By first presenting an overview of transitional justice ...
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In this book Zachary D. Kaufman explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. By first presenting an overview of transitional justice options (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the “legalist” paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory—“prudentialism”—which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990–1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials’ normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.Less
In this book Zachary D. Kaufman explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. By first presenting an overview of transitional justice options (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the “legalist” paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory—“prudentialism”—which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990–1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials’ normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
Ross McGarry and Sandra Walklate
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781529202595
- eISBN:
- 9781529202649
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529202595.003.0003
- Subject:
- Sociology, Law, Crime and Deviance
In chapter three, The war on terrorism: criminology’s “third war”, we pose a central problematique. Within this chapter, we suggest that the seemingly “new” criminological study of war is a product ...
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In chapter three, The war on terrorism: criminology’s “third war”, we pose a central problematique. Within this chapter, we suggest that the seemingly “new” criminological study of war is a product of renewed interest to studying matters related to the “war on terrorism” in the aftermath of the terrorist attacks on the World Trade Centre on 11th September 2001 (9/11). Although by no means a criticism of the work produced during this period, we provide examples which indicate that the aftermath of 9/11 brought with it fresh impetus to study attendant matters of “war” and “security” within criminology which (inadvertently) diverted attention from previous relevant sociological and criminological scholarship. The remaining chapters of this book set about attempting to redress some of this oversight within the discipline.Less
In chapter three, The war on terrorism: criminology’s “third war”, we pose a central problematique. Within this chapter, we suggest that the seemingly “new” criminological study of war is a product of renewed interest to studying matters related to the “war on terrorism” in the aftermath of the terrorist attacks on the World Trade Centre on 11th September 2001 (9/11). Although by no means a criticism of the work produced during this period, we provide examples which indicate that the aftermath of 9/11 brought with it fresh impetus to study attendant matters of “war” and “security” within criminology which (inadvertently) diverted attention from previous relevant sociological and criminological scholarship. The remaining chapters of this book set about attempting to redress some of this oversight within the discipline.