Genocide, Mass Atrocity, and War Crimes in Modern History: Blood and Conscience [2 volumes] (Praeger Security International)

Defining genocide" as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity—clearly identifying the factors that produced the attitudes and behaviors that led to them—discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. Written by an expert on international politics and law, Genocide, Mass Atrocity, and War Crimes in Modern History: Blood and Conscience is an easy-to-understand resource that explains why genocides and other atrocities occur, why humanity saw the need to create rules that apply during war, and how culture, rules about war, and the nature of war intersect. The first volume addresses the history and development of the normative regime(s) that define genocide and mass atrocity. Through a comparative study of historical cases that pay particular attention to the factors involved in producing the attitudes and behaviors that led to the incidents of mass slaughter and mistreatment, the author identifies the reasons that genocides and mass atrocities in the 20th century were largely ignored until the early 1990s and why even starting then, responses were inconsistent. The second book discusses why rules in war exist, which factors may lead to the adoption of rules, what defines a war "crime," and how the five fundamental principles laid out in the Geneva Conventions and other international agreements have actually functioned in modern warfare. It also poses—and answers—the interesting question of why we should obey rules when our opponents do not. The final chapter examines what actions could serve to identify future situations in which mass atrocities may occur and identifies the problems of timely humanitarian intervention in international affairs." Cover Volume 1 Title Copyright Contents Preface Chapter 1. Genocide and Mass Atrocity: Defining Contexts and Crimes Some Preliminary Notes The Crime without a Name—The Crime of Crimes Identifying Genocide in History: Problems of Definition The Origin of the Word: From a Crime without a Name to the “Crime of Crimes” Crimes against Humanity and Genocide: Evolution The Genocide Convention: The Politics of Definition Decisions, Debates, and Dilemmas Crimes against Humanity Definitions Matter: Some Notes on “Ethnic Cleansing” Moving Beyond Legal Definitions Chapter 2. Politics, Practice, and Principles: The Framework for International Action Politics, Principles, and Definitions The Genocide Convention Article II Article III Genocide and Crimes against Humanity Perspective Principles: Public International Law Collective Responsibility versus Individual Criminal Responsibility Politics, Principles, and Pragmatism Enforcement Politics Often Rules The United States and the Genocide Convention The United Nations: The Politics of Collective Action Definitions, Decisions, Resources, and Priorities: Darfur Issues in Darfur The Politics of Assistance Politics and Reality Chapter 3. Who Kills and Why? A Beginning Note on Perspective On Killing: Focus on the Individual Personality, Human Nature, Socialization, and Behavior Nature versus Nurture Socialization and Culture The Relevance of Cultural Models Classifying the “Other”: Ethnicity, Race, and Nation Race as a Factor Minorities and Discrimination From Discrimination to Genocide and Mass Atrocity Justification: Psychological Conditioning Ordinary People Authority, Leadership, and Responsibility Proximity, Agency, and the Diffusion or Displacement of Personal Responsibility The Influence of Groups, Situations, and Systems Personal Motives On Killing: Collective Justifications and the “Blame Game” Chapter 4. 20th-Century Beginnings: German South-West Africa Beginning a Century of Genocide German South-West Africa as an Example of a Type The People and Conflicts Before Germany Asserts Its Claim Germany as a Colonial Power The Raid on the Witboois Major Theodore Leutwein Assumes Authority Samuel Maherero Plague, Pestilence, and Parched Earth: Rinderpest, Typhoid, Malaria, Locusts, and Drought Prelude to Genocide: A Short Summary Resistance Begins From Genesis to Genocide Shedding Rivers of Blood and Money The Nama Rebellion Concentration Camps (Konzentrationslager) The Peace of the Graveyard: “Without Cattle, the Herero Have No Use for the Land” Chapter 5. The Armenian Genocide Perspective Christianity, Islam, and the Ottoman Empire The Ottoman System of Governance The Millet System Dominance and Deterioration Diplomacy and Disaster Internal Reforms and Resistance The Tanzimat Reforms Diplomacy and Domestic Reforms The Midhat Constitution and Treaty of Berlin The Clash of Evolving and Conflicting National Identities Armenian Activism Rise of the Young Turks From Intervention to Political Rule Reshaping the Empire World War I Contexts, Claims, and Counterclaims Eliminating this Trouble “In a Manner that Is Both Comprehensive and Absolute” Deportation Begins: March–April 1915 Red Sunday—April 24, 1915 “Deportation” Meant Annihilation Assimilation Russia Exits the War The Greek Intervention Chapter 6. Nazi Germany: The Holocaust Perspective Some Exploratory Thoughts on Why The Weimar Republic Revolution The Versailles Treaty (1919) Problems, Politics, and Performance Jews and Anti-Semitism in the Weimar Republic The Rise of Adolph Hitler Fateful Endgame: 30 Days to Power The Reichstag Fire: February 27, 1933 Repression and Response Volksgemeinschaft–The People’s Community Racism German Jewry and the Ostjuden Ideology and Policy From Emigration to Elimination The Invasion of Poland General Governorate for the Occupied Polish Territories (Generalgouvernement) The Invasion of Russia: Operation Barbarossa Final Solution of the Jewish Question (Endlösung Der Judenfrage) Operation Reinhard (Aktion Reinhard) Auschwitz-Birkenau Genocide for Profit Patterns and Limits Resistance A Final Note on Planners and Perpetrators Chapter 7. Rwanda and Burundi A Beginning Note on Perspective Impact of Precolonial Institutions Ethnicity and Identity Burundi: Governance and Expansion Rwanda: Governance and Expansion The Colonial Legacy Rwanda Moving Toward Independence Burundi: To Independence and Genocide Burundi: Countdown to Genocide Rwanda: Independence and the First Republic Aftermath in Burundi Rwanda: Countdown to Genocide Organizing Genocide Negotiations, Reform, and Resistance The Arusha Accords A Plan Unfolds The Genocide Begins: April 6–9 A Lull and Then the Storm Operation Turquoise and the Final Acts A Short Note on the RPF Conclusion Chapter 8. Democide, Ethnic Cleansing, and Other Crimes against Humanity Ideology and Reformation Consolidating Power and Building the Socialist State Maoism: Building a Revolutionary Peasantry The CCP Takes Control (1949) The Great Leap Forward The Great Proletarian Cultural Revolution (1966–1969) Cambodia: Radical Purity of Purpose Only the Pure: “If You Die, It Is No Loss. If You Remain Alive, It Is No Matter.” Ethnic Cleansing Purifying the Pure Ironies of Diplomacy Bosnia and Kosovo: The Breakup of Yugoslavia History and Political Perception Tito’s Experimental State Disintegration and Dire Consequences Bosnia Srebrenica Peace: The Dayton Accords Kosovo Chapter 9. Punishment: Courts, Tribunals, and Other Adjudicatory Methods Why Courts and Trials? The Genesis of Trials for Human Rights Violations Constantinople Trials The Nuremberg Trials The International Military Tribunal Assessment Inching Toward Accountability Establishing Individual Criminal Liability Courts and Cases Prohibited Acts: Actus Reus The Mental Element: Mens Rea The Ad Hoc International Criminal Courts: Yugoslavia (ICTY), Rwanda (ICTR), Sierra Leone (SCSL), and Cambodia (ECCC) The ICTY and ICTR ICTY (Former Yugoslavia) Issues of Authority and Jurisdiction Structures and Cases ICTR (Rwanda) Special Court for Sierra Leone Cambodia/Democratic Kampuchea (Extraordinary Chambers in the Courts of Cambodia) The International Criminal Court International Court of Justice A Note on Other Courts Problems and Prospects Assessing the Impact Chapter 10. So What? Is Prevention Possible? Memory and History Calls for Action: The Calculus of Consent and the Costs of Conscience Sovereignty and Its Discontents: Outrage and Inaction Contemporary Trends Responsibility, Authority, and Control The Responsibility to Protect (RtoP) Intervention by Other Means: Sanctions Serbia and Sanctions Realism and Organizational Structure: Who Decides? The Domestic Jurisdiction Issue: Not All Are Necessarily Equal Conclusion Notes Preface Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Index About the Author Volume 2 Title Copyright Contents Preface Chapter 1. War Crimes and the Nature of War Some Preliminary Notes: Why Rules? Rules and War Causes and Motives The Parameters of War The Rise of Western Europe Change and the Gunpowder Revolution From Subjects to Citizen Soldiers—Democratization and the Resort to Force War and Change The Environment of Combat and the Individual Soldier The Battlefield Chapter 2. Historical Roots and Regulation Perspective The Characteristics of War and Other Conundrums Greece Rome Just War in Greek and Roman Thought: Thoughts on the Ius ad Bellum Late Antiquity The Rise of Islam Dilemmas of Faith: Reconciling Christian Values and Violence Chivalry: Rules, Romance, and Reality Civil Law, Canon Law, and Just War Secular Just War Theories to Westphalia Grotius (Hugo de Groot) The Impact of Westphalia (1648) Trends Toward Restraint A Note on America and the American Revolution Vattel The French Revolution Transition and Tension The Genesis of International Humanitarian Law: The International Red Cross The Lieber Code and the American Civil War The Parameters of Change: Technology, Progress, and Visions of Peace A Note on Violations The Interwar Period (1919–1939): Limiting the Resort to War Kellogg-Briand Pact (Pact of Paris, 1928) Interwar Developments in International Humanitarian Law Prisoners of War (1929) Chemical and Biological Weapons The 1949 Geneva Conventions The 1977 Protocols Additional Chapter 3. Contemporary Law Relating to Armed Conflict: What Is a War Crime? War, Armed Conflict, and Humanitarian Law Noninternational Conflicts (NIACs) Sources of International Law International Conventions International Custom A Note on the Relationship between Treaties and Custom Terminology: Law of War, Law of Armed Conflict, and International Humanitarian Law Treaties, Conventions, and Customary Law in U.S. Practice Domestic Legislation What Is a War Crime? Questions of Jurisdiction Thresholds and Contexts Crimes and Sanctions Evolution Conventions and Basic Principles Distinction Lawful Combatants Military Necessity Humanity (Unnecessary Suffering): Controlling Weapons Prohibited Tactics: Perfidy, Human Shields, Pillage/Looting, and Reprisals The Principle of Proportionality Command Responsibility A Final Note on the Politics of Protective Emblems Chapter 4. Combatants and Civilians: Private Military Companies, POWs, and Unlawful Combatants Perspective: The Importance of Having Status—Who Can Lawfully Kill and Be Killed? Civilians Shades of Status Civilians Who Accompany the Armed Forces to Perform Special Tasks Dilemmas of Determining Status Protected Persons and Unlawful/Unprivileged Combatants The United States and “Unlawful” Combatants Prisoners of War POWs: The American Civil War (1861–1865) Hague IV (1907) and World War I Treatment of POWs in World War I The 1929 Geneva Convention World War II Repatriation Geneva Convention III (1949) Korea Abu Ghraib: Iraq War Crimes and POW Status POWs: Some Interesting Questions The Bowe Bergdahl Case POWs and Escape Chapter 5. Law and Noninternational Conflict Realities Belligerent Communities and Insurgents: The Traditional Law The Genesis of Loniac Protocol Additional II Grave Breaches, War Crimes, and Jurisdiction Killing in a NIAC Case Studies: Honduras, El Salvador, Northern Ireland, and Somalia Honduras and El Salvador Northern Ireland Somalia A Short Note on Terrorism Chapter 6. War Crimes: Culture and Combat Perspective Personality, Human Nature, Socialization, and Behavior The Relevance of Situational Factors Japan Isolation and Reinvention The Culture of War and War Fighting Military Influence in Domestic Politics Japan and China World War II: The Pacific War Germany and the Soviet Union IRAQ, ISIL, and ISIS Chapter 7. Aerial Warfare Perspective Regulating Air Operations Giulio Douhet The Hague Rules World War II Hamburg and Dresden Japan The Atomic Bomb Assessing Effectiveness Post World War II Enter the ICBM Korea Vietnam Kosovo: Operation Allied Force, 1999 Smart Bombs, Precision Guided Missiles, and Drones: GIS Systems Go to War Chapter 8. Weapons and Prohibitions: Chemical, Biological, and Nuclear Perspective Gas and Bugs (Chemical and Biological Weapons) Chemical Weapons Chemical Weapons Convention 1993 Biological Weapons Detection and Disposal Poison Certain Conventional Weapons Protocol II: Mines, Booby Traps, and Other Devices Protocol III: Incendiary Weapons Protocol IV: Blinding Laser Weapons Protocol V: Explosive Remnants of War Nuclear Weapons Chapter 9. Courts and Trials Why Courts and Trials? Thresholds and Contexts The Genesis of International Courts War Crime Trials: World War I Victor’s Justice? Nuremberg and Tokyo Trials The International Military Tribunal International Military Tribunal for the Far East (Tokyo) The Yamashita Case—Command Responsibility Control Council Law No. 10 The Dachau Trials (1945–1948) From “Never Again” to “Again and Again” Yugoslavia Statutes and Structures: The ICTY, ICTR, SCSL, and ICC Structure and Process International Criminal Court Sierra Leone The International Criminal Court Problems and Prospects Assessing the Impact A Final Note: The United States and the ICC Notes Preface Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Index About the Author "Defining 'genocide' as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity {u2015}clearly identifying the factors that produced the attitudes and behaviors that led to them{u2015}discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. The set presents a comparative perspective and detailed historical background for each case that emphasizes how many different factors may lead to atrocity/genocide; discusses the difficulty of organizing international efforts to intervene to prevent atrocities or to respond at the moment they are occurring; explains why international prosecutions for genocide are difficult even though the goal of the law is to hold responsible those in charge as well as the planners and instigators; identifies how cultural factors affect individual attitudes toward what is accepted as legitimate behavior in combat; focuses on the 'law in action' with illustrations from specific cases"--Adapted from Amazon.com ""Defining 'genocide' as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity clearly identifying the factors that produced the attitudes and behaviors that led to them discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. The set presents a comparative perspective and detailed historical background for each case that emphasizes how many different factors may lead to atrocity/genocide; discusses the difficulty of organizing international efforts to intervene to prevent atrocities or to respond at the moment they are occurring; explains why international prosecutions for genocide are difficult even though the goal of the law is to hold responsible those in charge as well as the planners and instigators; identifies how cultural factors affect individual attitudes toward what is accepted as legitimate behavior in combat; focuses on the 'law in action' with illustrations from specific cases"--Source inconnue