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In this sweeping, definitive work, leading human rights scholar David M. Crowe offers an unflinching look at the long and troubled history of genocide and war crimes. From atrocities in the ancient world to more recent horrors in Nazi Germany, Cambodia, and Rwanda, Crowe reveals not only the disturbing consistency they have shown over time, but also the often heroic efforts that nations and individuals have made to break seemingly intractable patterns of violence and retribution—in particular, the struggle to create a universally accepted body of international humanitarian law. He traces the emergence of the idea of 'just war,' early laws of war, the first Geneva Conventions, the Hague peace conferences, and the efforts following World Wars I and II to bring to justice those who violated international law. He also provides incisive accounts of some of the darkest episodes in recent world history, covering violations of human rights law in Afghanistan, Bosnia, Cambodia, Guatemala, the Iran-Iraq war, Korea, Tibet, and many other contexts. With valuable insights into some of the most vexing issues of today—including controversial US efforts to bring alleged terrorists to justice at Guantánamo Bay, and the challenges facing the International Criminal Court—this is an essential work for understanding humankind's long and often troubled history.
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War Crimes, Genocide, and Justice
War Crimes, Genocide, and Justice A Global History
DAVID M. CROWE
WAR CRIMES, GENOCIDE, AND JUSTICE
Copyright © David M. Crowe, 2014. All rights reserved. First published in 2014 by PALGRAVE MACMILLAN® in the United States— a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978–0–230–62224–1 Library of Congress Cataloging-in-Publication Data is available from the Library of Congress. A catalogue record of the book is available from the British Library. Design by Newgen Knowledge Works (P) Ltd., Chennai, India. First edition: January 2014 10 9 8 7 6 5 4 3 2 1
Contents
Acknowledgments 1
Crimes of War: Antiquity to the Middle Ages
vii 1
2 War and Crimes in China and Postmedieval Europe
25
3
Colonialism: The Americas, Asia, and Africa
47
4
Birth of the Modern Laws of War—Lieber to Versailles
79
5 Peace, Law, and the Crimes of World War II
115
6
The Nuremberg IMT Trial
151
7
The Tokyo IMT Trial
195
8 Post–World War II National Trials in Europe and Asia 9 10
243
The Genocide and Geneva Conventions: Eichmann, Lemkin, Tibet, Guatemala, and the Korean War
283
IHL: Soviet-Afghan War, Saddam Hussein, Ad Hoc Tribunals, and Guantánamo
329
Epilogue: The ICC
379
Notes
383
Bibliography
479
Index
481
Acknowledgments
This work is the culmination of over two decades of research, writing, and work as an expert witness in various legal settings. My work on the Roma, for example, prompted requests from attorneys throughout the United States and Canada to work with them on a variety of asylum and other cases that dealt with the plight of minorities in Eastern Europe and Russia after 198