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Vol 21 No 11 Nov/Dec 2016

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The Hidden Histories of War Crimes Trials (eBook)

Edited by: Kevin Jon Heller, Gerry J. Simpson

ISBN13: 9780191653209
Published: November 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £61.67 + £12.33 VAT
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Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials.

This book therefore provides an essential resource for a more comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary.

It analyses these trials with a view to recognising institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognises international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And - perhaps most important of all - how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?

Many of the trials examined in this book have hardly ever before been discussed; others have been examined only in the most cursory manner. Indeed, until now, no volume has been dedicated to telling the story of these trials, that have yet to find a place in the international criminal law canon.

Providing a detailed analysis of these trials, which took place in Europe, Africa, South America, and Australasia, in both historical and contemporary contexts, this book is essential reading for anyone concerned with the development of international criminal law.

Subjects:
Legal History, eBooks
Contents:
1. Introduction

PART 1: PRE-HISTORIES: FROM VON HAGENBACH TO THE ARMENIAN GENOCIDE
2. From Might to Right: The affair of Kham Muon and the Franco-Siamese Mixed Court in historical perspective
3. Peter von Hagenbach and the Twilight Zone pre-history of international criminal law
4. The special military tribunal for the Armenian Genocide

PART 2: EUROPEAN HISTORIES I: PROSECUTING ATROCITY
5. US military trials against Spanish Kapos in Mauthausen and universal jurisdiction
6. A narrative of justice and the (re)writing of history: French trials after World War II
7. The Bordeaux Trial - Prosecuting the Oradour-sur-Glane massacre
8. Responding to crimes against humanity committed in Slovenia after the Second World War

PART 3: EUROPEAN HISTORIES II: AMERICANS IN EUROPE
9. Capitalism's victor's justice? Prosecution of industrialists post WWII
10. Eisentrager's (Forgotten) Merits: Military commissions and collateral review

PART 4: EUROPEAN HISTORIES III: CONTEMPORARY TRIALS
11. Making peace with the past: Federal Republic of Germany's accountability for World War II massacres before the Italian Supreme Court
12. Hungarian historical justice trials
13. Nuremberg revised? Prosecuting Soviet war crimes in the Baltic States
14. The law of universal jurisdiction: The case of Norway

PART 5: AFRICAN HISTORIES
15. Reading the shadows of history: The bridges between Turkish and Ethiopian 'internationalised' domestic crime trials
16. Mass trials and modes of responsibility for international crimes: Ethiopia
17. Cold War genocides: Failures of global justice in Nigeria and Pakistan

PART 6: SOUTHERN HISTORIES
18. War crimes trials and Australian military justice in the aftermath of World War II
19. Asian victims and the Australian war crimes trials of the Japanese 1945-51
20. Argentina's Dirty War

PART 7: HISTORIES OF A TYPE: EXCAVATING THE CRIME OF AGGRESSION
21. From the trial of Takashi Sakai in August 1946 to the Kampala Review Conference in 2010
22. Aggression prosecutions outside the limelight - the Greiser and Sakai trials
23. The Finnish war-responsibility trial in 1945-56: Flawed justice, anxious peace?

PART 8: CONCLUSION
24. History of histories