Holocaust Genocide and the Law

Author: Michael Bazyler
Publisher: Oxford University Press
ISBN: 9780190664039
Release Date: 2017-07
Genre: Law

A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

Courts in Conflict

Author: Nicola Frances Palmer
Publisher: Oxford University Press, USA
ISBN: 9780199398195
Release Date: 2015
Genre: Law

The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multilevel courts operating in concert. This book makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. It focuses on the practices of Rwanda's post-genocide criminal courts.

Hitler s First Victims

Author: Timothy W. Ryback
Publisher: Vintage
ISBN: 9780804172004
Release Date: 2015-10-13
Genre: History

The author of the critically acclaimed Hitler's Private Library presents a gripping historical narrative that tells the story of Josef Hartinger, a local Munich prosecutor, who openly challenged the homicidal impulses of the Third Reich and risked everything in his relentless pursuit of justice. 30,000 first printing.

The Lost Eleven

Author: Denise George
Publisher: Penguin
ISBN: 9781101987407
Release Date: 2017-01-31
Genre: History

Nearly forgotten by history, this is the story of the Wereth Eleven, African-American soldiers who fought courageously for freedom in WWII—only to be ruthlessly executed by Nazi troops during the Battle of the Bulge. Their story was almost forgotten by history. Now known as the Wereth Eleven, these brave African-American soldiers left their homes to join the Allied effort on the front lines of WWII. As members of the 333rd Field Artillery Battalion, they provided crucial fire support at the Siege of Bastogne. Among the few who managed to escape the Nazi’s devastating Ardennes Offensive, they found refuge in the small village of Wereth, Belgium. A farmer and supporter of the Allies took the exhausted and half-starved men into his home. When Nazi authorities learned of their whereabouts, they did not take the soldiers prisoner, but subjected them to torture and execution in a nearby field. Despite their bravery and sacrifice, these eleven soldiers were omitted from the final Congressional War Crimes report of 1949. For seventy years, their files—marked secret—gathered dust in the National Archive. But in 1994, at the site of their execution, a memorial was dedicated to the Wereth Eleven and all African-American soldiers who fought in Europe. Drawing on firsthand interviews with family members and fellow soldiers, The Lost Eleven tells the complete story of these nearly forgotten soldiers, their valor in battle and their tragic end. INCLUDES PHOTOS From the Hardcover edition.

Imperfect Justice

Author: Stuart Eizenstat
Publisher:
ISBN: 0786751053
Release Date: 2009-08-05
Genre: History

In the second half of the 1990s, Stuart Eizenstat was perhaps the most controversial U.S. foreign policy official in Europe. His mission had nothing to do with Russia, the Middle East, Yugoslavia, or any of the other hotspots of the day. Rather, Eizenstat's mission was to provide justice—albeit belated and imperfect justice—for the victims of World War II. Imperfect Justice is Eizenstat's account of how the Holocaust became a political and diplomatic battleground fifty years after the war's end, as the issues of dormant bank accounts, slave labor, confiscated property, looted art, and unpaid insurance policies convulsed Europe and America. He recounts the often heated negotiations with the Swiss, the Germans, the French, the Austrians, and various Jewish organizations, showing how these moral issues, shunted aside for so long, exposed wounds that had never healed and conflicts that had never been properly resolved. Though we will all continue to reckon with the crimes of World War II for a long time to come, Eizenstat's account shows that it is still possible to take positive steps in the service of justice.

Humanization of Arms Control

Author: Daniel Rietiker
Publisher: Taylor & Francis
ISBN: 9781315399690
Release Date: 2017-07-06
Genre:

Despite clear legal rules and political commitments, no significant progress has been made in nuclear disarmament for two decades. Moreover, not even the use of these weapons has been banned to date. New ideas and strategies are therefore necessary. The author explores an alternative approach to arms control focusing on the human dimension rather than on States' security: "humanization" of arms control! The book explores the preparatory work on arms control treaties and in particular the role of civil society. It analyzes the positive experiences of the movements against chemical weapons, anti-personnel mines, and cluster munitions, as well as the recent conclusion of the Arms Control Treaty. The author examines the question of whether civil society will be able to replicate the success strategies that have been used, in particular, in the field of anti-personnel mines (Ottawa Convention) and cluster munitions (Oslo Convention) in the nuclear weapons field. Is there any reason why the most destructive weapons should not be outlawed by a legally binding instrument? The book also explains the effects of weapons, especially nuclear weapons, on human beings, the environment, and global development, thereby focusing on vulnerable groups, such as indigenous peoples, women, and children. It takes a broad approach to human rights, including economic, social, and cultural rights. The author concludes that the use of nuclear weapons is illegal under international humanitarian and human rights law and, moreover, constitutes international crimes under the Rome Statute of the International Criminal Court. In his general conclusions, the author makes concrete proposals for the progress toward a world without nuclear weapons.

Holocaust Justice

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 9780814729380
Release Date: 2005-04-01
Genre: History

The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today’s dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art—first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. The unique features of the American system of justice—which allowed it to handle claims that originated over fifty years ago and in another part of the world—made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks’ attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II—including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.

Operation Last Chance

Author: Efraim Zuroff
Publisher: St. Martin's Press
ISBN: 0230101380
Release Date: 2009-11-10
Genre: History

Sixty years after the end of World War II, not all those who were faithful to the Third Reich are dead—some members of the Nazi party and their collaborators are still alive, and increasingly difficult to track down. Time is rapidly running out, but Efraim Zuroff won't give up. Launching Operation Last Chance in 2002, he spearheaded a vast public campaign to locate and bring to justice the worst suspected Nazi criminals before ill health or death spare them from potential punishment. Despite the passage of many years, the reluctance of many governments to cooperate, and even death threats and a price on his head, Zuroff's project yielded the names of over 520 hereto unknown suspects in 24 different countries and led to dozens of murder investigations, as well as several indictments and extradition requests currently pending. Combining the thrill of a detective story with the inherent poignancy of the history of World War II and its aftermath, Operation Last Chance delivers the important and moving story of one man's heroic efforts to honor the victims of the Holocaust.

Targeted Killing

Author: Markus Gunneflo
Publisher: Cambridge University Press
ISBN: 9781107114852
Release Date: 2016-03-10
Genre: History

Explores the emergence of targeted killing in Israeli and US statecraft and in the international law of force.

War Law

Author: Michael Byers
Publisher: Grove/Atlantic, Inc.
ISBN: 155584846X
Release Date: 2007-12-01
Genre: Law

International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by U.S. forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike.

The International Criminal Court and Global Social Control

Author: Nerida Chazal
Publisher: Routledge
ISBN: 9781317589662
Release Date: 2015-12-14
Genre: Law

The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.

Extraterritorial Use of Force Against Non State Actors

Author: Noam Lubell
Publisher: Oxford University Press
ISBN: 9780199584840
Release Date: 2010-05-27
Genre: Law

This book examines the legality of the use of force by states against individuals and non-state groups located beyond its borders, in light of applicable international law. The issues discussed include force used in the 'war on terror', pre-emptive self defence, and targeted killings of individuals.

The Changing Rules on the Use of Force in International Law

Author: Tarcisio Gazzini
Publisher: Manchester University Press
ISBN: 0719073251
Release Date: 2005
Genre: International organization

The changing rules on the use of force in international law considers the main legal issues concerning the use of force by international organisations and states. It assesses the achievements and failures of the United Nations' collective security system, and discusses the prospects ahead. It also deals with the use of force by states in self-defence and on other legal grounds. The book discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.

Terrorism War and International Law

Author: Myra Williamson
Publisher: Routledge
ISBN: 9781317045946
Release Date: 2016-04-01
Genre: Law

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.