Publisher Description

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Even when armed conflicts formally end, the transition to peace is not clear-cut. This comprehensive volume explores the mounting evidence which suggests that it is rather ‘unlikely to see a clean break from violence to consent, from theft to production, from repression to democracy, or from impunity to accountability’. The authors analyse the complex endeavour of transitioning out of war, studying how it is often interrelated with other transformations such as changes in the political regime (democratisation) and in the economy (opening of markets to globalisation). They explore how, in the same way as wars and conflicts reflect the societies they befall, post-war orders may replicate and perpetuate some of the drivers of war-related violence, such as high levels of instability, institutional fragility, corruption, and inequality. This book thus suggests that, even in the absence of a formal relapse into war and the re-mobilisation of former insurgents, many transitional contexts are marked by the steady and ongoing reconfiguration of criminal and illegal groups and practices. This book will be of great interest to students and researchers of political science and peace studies. It was originally published as an online special issue of Third World Thematics.

"War Crime" delves into the complexities of war crimes, shedding light on their legal, ethical, and political aspects. It offers a comprehensive exploration of how global conflicts influence international law, norms, and human rights, making it an essential addition to the "Political Science" series. This book provides critical insights into international justice, helping readers understand the profound consequences of war crimes on a global scale. Chapters Overview 1: War Crime - Key definitions and historical context. 2: Crimes Against Humanity - Legal responses to global atrocities. 3: Law of War - Balancing military needs and humanitarian rules. 4: Nuremberg Principles - Foundations of modern international justice. 5: International Humanitarian Law - Evolution and protection during conflicts. 6: Command Responsibility - Leadership accountability in war crimes. 7: Geneva Conventions - Cornerstone treaties of humanitarian law. 8: Trial of Slobodan Milošević - Landmark case in global justice. 9: International Framework of Sexual Violence - Prosecuting sexual violence in war. 10: Tokyo Charter - Legal guide for Far East war crimes tribunal. 11: Unlawful Combatant - Status of unrecognized fighters. 12: Non-Combatant - Protections for civilians and non-fighters. 13: Victor's Justice - Justice imposed by conflict winners. 14: Nuremberg Charter - Blueprint for international war crime trials. 15: Summary Execution - Legal, ethical issues of swift execution. 16: Hostages Trial - Trials addressing hostage incidents. 17: International Criminal Law - Growing field in prosecuting war crimes. 18: Perfidy - Deceptive warfare practices and their ethics. 19: War Crimes Trial - Importance of trials in deterring violations. 20: Aerial Bombardment and International Law - Legal issues with aerial attacks. 21: Atrocity Crime - Genocide and international prosecution. Concluding the journey into international justice, "War Crime" stands as a crucial resource for students, professionals, and anyone interested in understanding the legal and moral challenges of war. This volume offers an in-depth look at the mechanisms for prosecuting war crimes and safeguarding human rights globally.

Previously unavailable archival sources reveal the socially disruptive impact of the First World War in Scotland. While a great deal has been written on Scotland and the First World War, the question of how it affected criminality has been underexplored. Although mass enlistment reduced offending drastically, servicemen based in Scotland continued to commit offences - whilst some crimes, such as bigamy, actually rose during the war. After demobilisation, which saw crime rise again, fears over "brutalisation" created a belief that Scotland was a more violent place than before the war. By analysing criminal statistics from 1909 to 1926, drawn from previously unavailable archival sources, prison registers, anonymous interviews, newspapers and legal proceedings, this book argues that the First World War had a socially disruptive impact on Scotland, evident in abnormal crime patterns during and after the war. Covering categories of offence from murder and culpable homicide to lesser felonies, such as theft and fraud, it discusses how contemporary notions around class, gender and respectability shaped the perception of crimes committed by ex-servicemen. It also looks at whether the war had a disruptive influence on law and order by desensitising society and through psychological damage to a generation of men, examining such commonalities as alcoholism, family breakdown, health problems and unemployment, and the prevalence of domestic violence and spousal homicide.

The terrorist attacks of 9 /11 opened a window on a host of questions and assumptions about terrorism. Terrorism, An Unconventional Crime, uses those questions and assumptions as a starting point to explore the history, ideology, movements, leaders, and modern methodology of what is in fact an ancient phenomenon. Chapter topics include the following: What Are the Historic Roots of Terrorism? September 11How Could It Happen Here? Who Are the Taliban? Is al Qaeda Taking Root in America? What Are the Tactics of Terrorism? Are Rebels, Guerillas, and Drug Cartels Terrorists? Is Islam a Major Threat to Europe? Can Terrorism Be Eradicated? If Terrorism Is an Unconventional Crime, What Are the Unconventional Solutions? The book's principal focus is the current war on terrorism. The book discusses the various reasons for conducting operations in Afghanistan and Iraq, examines the tactics used, and evaluates their effectiveness. It devotes multiple chapters to the Taliban and al Qaeda, allowing readers to distinguish between the two groups and their varying interests and motives. There is also a detailed, chapter-long biography of the late Osama bin Laden. One of the most important chapters is the one dedicated to the September 11 attacks. The rapid narration of the timeline of events, along with the descriptions of each of the nineteen hijackers and the modus operandi they used to succeed in the attack, transports the reader back to that fatal day. The gaps in the security system, the near misses of local authorities, the hijacker- pilot who was a near no-showthe what-ifs of the day are brought into sharp and painful focus. Finally, Terrorism, An Unconventional Crime, presents factual information to debunk the idea, all too common in some circles, that all Muslims are terrorists or potential terrorists. The book cites a wide spectrum of studies, ranging from statistical surveys of terrorist incidents to social demographics, psychological profiles, compilations of correspondence, and the views of religious scholars specializing in many faiths. The latter affirm that every faith has a fundamentalist wing that could be radicalized at any time. This kind of approach is a hallmark of Terrorism An Unconventional Crime. When dealing with contemporary material, the book carefully presents at least two different points of view, usually starting with official government reports and then comparing and contrasting the opinions of various experts. The object of the book is not to impose a particular viewpoint on readers, but to inform and involve them in what for years to come will likely be an urgent and important issue.

"The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The crime paradigm focuses on the interception of demonstrable immediate threats to the safety of others. Its aim is to protect specific persons and members of the general public from violence by identifiable individuals, who may be acting alone or in concert. In pursuit of this aim, the state uses police operations and the criminal justice system. Both of these tools are governed by human rights principles that significantly constrain state power. A state may not restrict liberty unless it has demonstrable evidence that an individual may pose a danger to others. It may not use force if other means will be effective to stop a threat. If using force is unavoidable, it must be the minimum amount necessary. Furthermore, a state generally may not take life unless no other measure will intercept an immediate threat to life"--

This book investigates the relationships between political violence, social violence and economic violence using examples from South Africa, Northern Ireland, Lebanon and Syria. It examines the cultural impact of war and argues that a culture of violence can explain the high levels of violence which are frequently found in post-war societies.