War Crimes - Whose Justice?
Post-war legacies, present practices and new understandings
Edited by Michael Kandiah, Judith Rowbotham
Routledge – 2013 – 256 pages
Routledge – 2013 – 256 pages
This book provides a survey of key issues in the study and management of War Crimes for academics, practitioners and policy makers and contextualises current issues in both a chronological historical dimension and a historical methodology. Approaching this topic in such a way allows the author to highlight new issues, as well as continuing issues and, by differentiating between them, helps the reader to understand them better.
In essence, this volume constitutes an entirely new approach, pioneering War Crimes as a discrete discipline and not simply as a sub-discipline of international law, politics, international criminal law or history. This book establishes an intellectual framework, drawing upon methodological perspectives from criminal justice, socio-legal studies and that pioneered by the Centre for Contemporary British History (CCBH at King’s), to help us understand where we stand today.
Part 1: War, Sovereignty and the Development of the International Prosecution of War Crimes. Introducing Law, History and Theory 1. How the ‘War on Terror‘ Changed Perceptions of the Legacy of Nuremberg2. Is This How to Do It? The Belsen and Auschwitz Trial, the first British Investigation and Prosecution in Occupied Germany, 1945 3. Challenges in Prosecuting in Situations of Mass Atrocity 4. The Culturalisation of Identity in an Age of ‘Ethnic Conflict’ – depoliticised gender in ICTY wartime sexual violence jurisprudence 5. An Unpleasant Afterthought: Post-Conviction Rights of Individuals Convicted at International War Crimes Tribunals 6. Re-thinking the Place of Indigenous Justice Mechanisms in International Criminal Law: The case of the Lord’s Resistance Army of Northern Uganda 7. Perpetuating Impunity: Consequences of the Non-Prosecution of Perpetrators of War Crimes in Namibia Part 2: Modernity Emergent; International and National War Crimes Trials and the Role of NGOs 8. Forensics, memory and development 9. The Latent Danger in Sequencing Justice 10. Bangladesh War Crimes Tribunal – A Wolf in Sheep’s Clothing? 11.Why Do Truth and Reconciliation Commissions Fail? The Case of the Democratic Republic of Congo 12. The War Crimes Chamber of the State Court of Bosnia and Herzegovina: some lessons for international criminal justice13. Time for Stocktaking at the Extraordinary Chambers of the Courts of Cambodia 14. Principles for Dealing with Gender from Practical Experiences in the Field 15. Rwanda and the Gendering Post-Conflict Tensions.
Lorie Charlesworth is Reader in Law and History at Liverpool John Moores University.
Michael Kandiah teaches at the Institute of Contemporary History at Kings College, University of London.
Judith Rowbotham is Reader in Criminal Justice History at Nottingham Trent University.