Tesi: "Crimes of war"

1

Schuhmacher, Jacques. "The war criminals investigate". Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:0573af80-6407-4bf4-9ba4-6529cc9ae584.

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This thesis uses the war crimes investigations carried out by the Wehrmacht between 1939-1945 to explore the creation and development of the narrative which the Nazi regime constructed to justify its war of aggression, conquest, and extermination. This source has been sorely underused and provides deep insight into the regime's official narrative - a narrative which seems fundamentally at odds with its true aims and its murderous actions. It claimed that the Reich was waging a war in self-defence and for humanitarian reasons. These justifications were designed to convince both the German population and international audiences. The regime did not simply lie, however, but gathered empirical evidence which it then used selectively to legitimise the war. By reconstructing this process, the thesis aims to understand the degree to which the regime was able to make its arguments convincing. This allows us to better understand how it was possible to mobilise so many ordinary Germans to support and fight the war and, indeed, to perpetrate horrendous crimes. In particular, this thesis seeks to explore the tension between the official narrative and the Reich's own crimes, arguing that these two were not diametrically opposed, but that there was a direct justificatory link between them. Crucial in this context was the degree to which the regime could portray its criminal actions as a response to those of the enemy. In doing so, this thesis develops on a historiography which has acknowledged the importance of the regime's justificatory framework, but which has yet to study the foundations on which this was based and how it developed over the course of the war. In short, this is a study of the German narrative of victimhood which underpinned the brutal war of extermination.

2

Tong, Shuk Ying. "Samurai culture twisted : bushido, shinto and war crimes". HKBU Institutional Repository, 2006. http://repository.hkbu.edu.hk/etd_ra/666.

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3

Boot-Matthijssen, Machteld. "Genocide, crimes against humanity, war crime : "nullum crimen sine lege" and the subject matter juridiction of the International criminal court /". Antwerpen : Intersentia, 2002. http://catalogue.bnf.fr/ark:/12148/cb39070062m.

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4

Buckthorp, Kirsty-Ann. "The politics of justice : Anglo-American war crimes policy during the Second World War". Thesis, University of Birmingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367623.

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5

Okebukola, Elijah Oluwatoyin. "Towards a universal procedural framework for war crimes tribunals". Thesis, University of Buckingham, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.572504.

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The principal aim of this thesis is the articulation of an overarching conceptual framework for the formulation and evaluation of procedural rules for war crimes tribunals of all kinds. As such, it examines an area of international procedural criminal law largely neglected by scholars and researchers. In setting out this framework, the thesis carries out three functions. The first is to highlight the anomaly consisting in the co-existence of, on the one hand, a coherent and uniform body of substantive war crimes law and, on the other, an incoherent and inconsistent body of procedural war crimes law. The second is to expose the negative practical consequences flowing from this anomaly. The third, and most fundamental, is to show how the articulation of an overarching conceptual framework for war crimes tribunals takes the important first step in removing the anomaly and eliminating its negative practical consequences.

6

Taucher, Paul. "Command responsibility at the Sandakan-Ranau war crimes trial". Thesis, Taucher, Paul (2016) Command responsibility at the Sandakan-Ranau war crimes trial. Honours thesis, Murdoch University, 2016. https://researchrepository.murdoch.edu.au/id/eprint/34351/.

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In the Allied trials of suspected Japanese war criminals after the Second World War, the court utilised a number of legal doctrines, derived from both domestic criminal law and international criminal law. The question of how to convict those who had ordered war crimes, or allowed them to happen, without directly taking part in the crimes, was answered by the doctrine of command responsibility. The first command responsibility trial, of General Yamashita Tomoyuki in late 1945, resulted in a precedent that was used to establish the validity of command responsibility charges. The precedent, however, was unclear. Command responsibility could be interpreted as a way of holding a commander responsible for crimes committed by his subordinates, by virtue of his position as commander. Alternatively, it could be interpreted as a way of holding a commander responsible for failing in his duty to stop or punish atrocities. This thesis examines the use of the doctrine of command responsibility at five Australian trials of officers accused of responsibility for the deaths of prisoners of war in the Sandakan-Ranau area in British Borneo. It shows that the court applied both interpretations of command responsibility, exploiting the doctrine as a flexible legal tool. When appropriate, officers were held responsible for failing to discharge their duty; when the court was determined to convict officers with limited connection to a crime, a strict liability was attached to a commander. At other times, where it was evident that an officer himself had directly participated in a crime, command responsibility was not used, as the accused could be convicted by other means.

7

Byron, Christine Jane. "War crimes and crimes against humanity in the Rome Statute of the International Criminal Court". Thesis, University of Liverpool, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.400404.

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8

Fournet, Caroline I. "Crimes against humanity : "the accumulated evil of the whole"". Thesis, University of Leicester, 2003. http://hdl.handle.net/2381/31081.

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This thesis is a study of international 'core crimes', namely, crimes against humanity, genocide, war crimes, and crimes against peace. The aim of this work is to demonstrate that all these crimes share striking similarities, not only in respect of their qualifying elements, but also as regards the legal regime of individual responsibility attached to them. While focusing on these similar features, this thesis will highlight the defects of the rules applicable to genocide, war crimes and crimes against peace respectively, defects which might ultimately impede effective punishment of these particular crimes. In order to avoid such a risk, it is here submitted that, in fact, all these crimes should be considered as crimes against humanity. Such a re-qualification, it is argued, would indeed have the advantage of securing appropriate prosecution for these most heinous crimes thanks to the wider scope of application of the concept of 'crimes against humanity'. The purpose of this work is certainly not to erase the existence of different international crimes from the legal sphere, as it does not presuppose that the definitions of international crimes are malleable, not that the notion of 'crimes against humanity' is a stretchable one. Rather, it is merely to re-qualify the 'core crimes' against international law as 'crimes against humanity', notion which would then encompass a wider array of offences, all of which overlap considerably. This proposal is based on the assumption that prosecutions for international crimes have remained much too rare, and that, accordingly change and improvement are necessary. The re-qualification of genocide, war crimes, and crimes against peace as crimes against humanity could be a first step towards a better respect of international legal norms.

9

Mohammed, Aziz. "Military culture, war crimes and the defence of superior orders /". Gold Coast, Australia : Bond University, 2008. http://epublications.bond.edu.au/theses/23.

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Thesis (SJD) -- Bond University, 2008.
"A thesis submitted to Bond University in partial fulfilment of the requirements for the degree of Doctor of Legal Science". Bibliography: leaves 404-426. Also available via the World Wide Web.

10

La, Haye Eve. "Individual criminal responsibility for war crimes in internal armed conflicts". Thesis, London School of Economics and Political Science (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.406082.

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11

Narayanan, Arujunan. "Second World War Japanese atrocities and British minor war crimes trials : the issue of fair trial in four selected British minor war crimes trials in Malaya and Singapore in 1946-1947". Thesis, Aberystwyth University, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443698.

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12

McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law". Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.

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13

Mugemangango, Paul. "Immunity from prosecution for genocide, crimes against humanity and war crimes: the case of heads of state". Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1088.

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"It is an accepted norm of international law that sitting heads of state have immunity from criminal prosecutions. A head of state is normally entitled to immunity from prosecution anywhere, even after he or she is no longer the head of state. However, in recent years we have witnessed the dramatic shift from this customary international law principle where some jurisdictions have been arresting, or threatening to arrest, former and sitting heads of state in order to institute criminal prosecutions against them. There is, however, no uniformity in the application of this action. Those jurisdictions that determine who is to be arrested or prosecuted are so selective that not all those alleged to have committed these crimes are arrested or prosecuted. On the other hand, existing jurisprudence on this subject is not firm in its application. This problem, therefore, calls for harmonisation of the application of the principle of immunity for heads of state in order to make international law reflect the real consent of states. ... The study is divided into four chapters. Chapter one addresses the background on which the study is premised, outlines the statement of the problem, objectives and their significance and the literature review. Chapter two discusses the principle of immunity as developed by prominent international lawyers, courts decisions and other generally applied principles in international law. Chapter three takes the practical application of the principle of head of state immunity against criminal prosecution in interantional law. This involves an examination of the application of the principle from selected national jurisdictions and by the International Court of Justice. Chapter four concludes the discussion and provides for necessary recommendations on the way forward." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

14

Riley, Donald J. "Post-conflict justice : issues and approaches". Thesis, (240 KB), 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FRiley.pdf.

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15

Kuner, Janosch O. A. "The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation". Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1823_1363782732.

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This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The
proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law.

16

Stitt, Orrin G. "The soldier's dilemma using decision theory to explain American War crimes /". Monterey, Calif. : Naval Postgraduate School, 2007. http://bosun.nps.edu/uhtbin/hyperion-image.exe/07Dec%5FStitt%5FMBA.pdf.

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"Submitted in partial fulfillment of the requirements for the degree of Master of Business Administration from the Naval Postgraduate School, December 2007."
Advisor(s): Franck, Raymond ; Gates, Bill ; Coughlan, Pete. "December 2007." "MBA professional report"--Cover. Description based on title screen as viewed on January 10, 2008. Includes bibliographical references (p. 49-50). Also available in print.

17

Lewis, Mark. "International legal movements against war crimes, terrorism, and genocide, 1919-1948". Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1710343761&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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18

Sellars, Kirsten. ""Crimes against peace" and international law". Thesis, University of Aberdeen, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=133994.

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The Nuremberg Judgment on the leaders of Nazi Germany proclaimed ‘crimes against peace’ – the planning and waging of aggressive wars – to be ‘the supreme international crime’. This charge was premised on two innovative ideas: that aggressive war was a crime, and that individuals could be held responsible for it. Although heralded as an historic milestone at the time, it turned out to be a transient legal anomaly. At the Nuremberg Tribunal, the number of acquittals, coupled with the relative leniency of the sentences, indicated the judges’ unease about convicting on the basis of ‘crimes against peace’. At the Tokyo Tribunal, some judges questioned the validity of the charge and filed dissents. Legal observers, meanwhile, were outspoken in their criticisms, and argued that it was an ex post facto enactment, selectively applied. Aside from retroactivity and selectivity, the main difficulty arose from the internal contradictions within the charge itself, which rendered it unsustainable as a component of international law. On jurisdiction, it enhanced the sovereignty of nations by protecting them against aggression, while simultaneously undermining sovereignty by subjecting leaders to international law. On enforcement, while judicialising punishment after the event, it simultaneously de-legitimised both aggression and attempts to prevent it. These weaknesses were confirmed by the failure of ‘crimes against peace’ to become part of customary international law. If the Rome Statute is amended to include ‘crime of aggression’ within the International Criminal Court’s operative remit, these latter problems are likely to occur.

19

Yankulije, Hilaire. "Le contentieux international pénal dans les pays inter-lacustres d’Afrique : de la guerre froide a la cour pénale internationale". Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0058.

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L’objectif majeur de ce travail est de dresser un bilan de l’ensemble des litiges soumis et susceptibles d’être soumis aux juges relevant du droit international pénal ayant eu lieu dans les pays inter lacustres d’Afrique. Il articule autour des quatre axes principaux. Le premier axe consiste à placer le droit international pénal dans l’ensemble du droit international moderne. Le deuxième axe consiste à situer la criminalité de masse de la sous-région des pays inter lacustres d’Afrique dans le temps et dans l’espace tout en s’attardant sur le contexte politique et social dans lequel elle a eu lieu, son ampleur et son inhumanité. Le troisième axe quant à lui, s’attarde à la démonstration de quelles formes (chapeaux des crimes, et crimes sous-jacents) les crimes contre la paix et la sécurité de l’humanité se sont manifestés dans la sous-région des pays inter lacustres d’Afrique. Le quatrième et le dernier axe étudie les modes de participation aux crimes. Autrement, Il s’agit de passer en revue de la jurisprudence pour voir sous quels types de responsabilité les criminels des pays inter lacustres d’Afrique répondaient à leurs actes. Le présent travail permet d’étudier de long en large le génocide des Tutsis au Rwanda et s’attarde sur les éléments constitutifs des massacres perpétrés contre les communautés des hutus au Burundi, au Rwanda et au Congo dont l’hypothèse du génocide est fort avancée par le monde académique et diplomatique. Cela terminé, cette recherche analyse la jurisprudence des cours et tribunaux internationaux pour étudier les éléments contextuels et les crimes sous-jacents aux crimes de guerre et des crimes contre l’humanité. Il permet de comprendre d’une manière typique et circonstanciée les groupes protégés par les conventions internationales de droit humanitaires et les scénarios dans lesquels ce droit a été violé. En dernière analyse, ce travail étudie les modes de participation aux crimes contre la paix et la sécurité de l’humanité qui ont enclenché les responsabilités des criminels des pays inter lacustres d’Afriques. Les modes collectifs tels que les entreprises criminelles communes et la responsabilité du chef hiérarchiques sont succinctement étudiés en prenant pour cas d’études les massacres ayant eu lieu dans la région susmentionnée
This thesis aims at making an update compilation of the all crimes perpetrated in Democratic Republic of Congo, in Burundi in Uganda and in Rwanda. The above said crimes are those related to the international law judged and those to be judged by international criminal courts and tribunals. Our thesis articulates around four main sub topics. The first consist of studying the high moments of international criminal law and the place of this branch of law in international law arena. The second studies the high moments of mass killings in the inter-lacustrine region of Africa while the third identifies the crimes against the peace and security of humanity perpetrated in the above-mentioned region. These crimes include genocide, crimes against humanity and war crimes. The fourth and final area of focus demonstrates the forms of international criminal responsibility developed by Law case in International Criminal tribunal for Rwanda and in International criminal court as well. The present research explores broadly the genocide perpetrated against Tutsi in Rwanda and focuses on the elements of the massacres perpetrated against the hutu communities in Burundi, Rwanda and Democratic Republic of Congo on which genocide hypothesis is highly advanced by international community and some scholars. Moreover, this research has analyzed the jurisprudence of international courts and tribunals to study contextual elements and additional infractions to war crimes, and crimes against humanity. It provides a typical and comprehensive understanding of the groups protected by the international humanitarian law conventions and the scenarios in which this right has been violated. At the end, this work examines the liability in the crimes against the peace and security of humanity that have triggered the responsibility of criminals. The collective types of participation including joint criminal enterprises and command responsibility by taking the cases of study the massacres perpetrated in the above-mentioned region

20

Olubokun, Charles Oluwarotimi. "The future of prosecutions under the International Criminal Court". Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/11075.

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This thesis examines prosecutorial challenges of the International Criminal Court (ICC/the court) in relation to the dwindling legitimacy prosecuting under Article 5 of the Rome Statute and other relevant international law principles. The study attempts a prognosis of the future shape of ICC prosecutions in light of the challenges and proposes reforms to the operations of the Court and its constitutive instrument to improve the dispensation of justice. The focus of the study is substantive international criminal law, developments in relevant case laws of international courts and tribunals, structure and procedures of the ICC and relevant principles within the context of elements of the Crime of genocide, crimes against humanity, war crimes and the Crime of aggression. The thesis further evaluates the role of the Court as it ensures international cooperation with domestic efforts to promote the ‘Rule of law’, uphold the principles of international humanitarian law, human rights law and combat impunity being the first permanent treaty-based international criminal court with the intent and purpose of ending impunity for perpetrators of the most serious crimes of concern to the international community and thus contributes to the prevention of such crimes. Additionally, the International Criminal Court advances international criminal justice, particularly with regard to victims by providing not only legal justice but also participation in the process and restorative justice to rebuild the society after mass violence. The thesis is an analysis of the prosecutorial challenges at the International Criminal Court, using its legal framework and jurisprudence to establish facts and reach new conclusions.

21

Al-Yaqout, Khaled A. A. "Judicial punishment for war crimes : application of the international legal regime to the case of Iraqi crimes against Kuwait". Thesis, Keele University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269117.

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22

Ellenbecker, Joseph A. "From Nuremberg to the Hague : a contrasting study of war crimes tribunals". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1998. http://handle.dtic.mil/100.2/ADA343637.

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Thesis (M.A. in National Security Affairs) Naval Postgraduate School, March 1998.
"March 1998." Thesis advisor(s): Donald Abenheim. Includes bibliographical references (p. 93-98). Also available online.

23

Pappas, Caroline History Australian Defence Force Academy UNSW. "Law and politics : Australia's war crimes trials in the Pacific, 1943-1961". Awarded by:University of New South Wales - Australian Defence Force Academy. School of History, 1998. http://handle.unsw.edu.au/1959.4/38701.

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This dissertation examines the trial of Japanese war crimes conducted by Australia between 1945 and 1951; although the study commences in 1943, when the Government first focussed on the issue, and ends in 1961, when the issue was closed. Beyond providing an overview of the trials the thesis addresses the major criticism of the trials by looking at whether the trails were fair and if they fulfilled Australian aims. This is addressed within the context of the two elements of international law, the political, and the legal, and examined in each of the three sections. The Policy section establishes the political context of the trials by examining the influence of the international community and the Australian Government. Both influenced structure and progress rather than the final application of the law. When Australian attitudes were incongruous with international views, a perception that Australia was harsh and repressive developed even though justice was an important part of the Government???s agenda. A study of legal aspects of the trials commences in the Procedures section. Australia???s legislation and regulations are explained with particular emphasis on the more controversial aspects, and a comparison is made with the war crimes instruments of other Allies trying the Japanese showing many similarities between the regulations used by other nations and Australia???s. Procedures also discusses the framework for the Australian trials, the procedures used to bring a case to trial, the process used in court, the review process and the carrying out of sentences. Such a thorough study of the procedural basis is necessary to evaluate the individual trials. Practical examples of some of the procedural problems are also discussed in the following section ??? Practice. This section reviews a number of trials and the various types of crimes and the claims made in defence to show how Australia applied and interpreted the law. The study finds many similarities between Australia???s application of the law and the practice of other nations, indicating that Australian courts were applying what was considered to be customary expectations of behaviour. Throughout the trials there was little evidence of vindictiveness or revenge, either by Government or in the courts. Both were faced with significant problems, which were not always dealt with well but overall the trials were fair and those involved were concerned that justice should not only be seen to be done, but actually be done.

24

Cadd, Larissa J. "The Australian War Crimes Act 1945 (as amended 1988) : a political perspective /". Title page,contents and abstract only, 1993. http://web4.library.adelaide.edu.au/theses/09AR/09arc121.pdf.

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Candelaria, Jacob. "Europe, the United States, and the international criminal court". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FCandelaria.pdf.

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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2003.
Thesis advisor(s): Daniel Moran, James Armstead. Includes bibliographical references (p. 59-62). Also available online.

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Sharman, Claire Louise. "War crimes trials between occupation and integration : the prosecution of Nazi war criminals in the British zone of Germany". Thesis, University of Southampton, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445491.

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Munazi, Muhimanyi Cyprien. "La répression des crimes relevant du statut de la Cour pénale internationale par les juridictions nationales et le principe de complémentarité : l’exemple de la République démocratique du Congo". Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD039.

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Au cours d’un peu plus de deux décennies, la RDC, située au cœur de l’Afrique, dans la région des grands lacs, a été le théâtre des crimes de masse les plus violents. De nombreux rapports relatent les violations à grande échelle des droits de l’homme et du doit international humanitaire commises dans ce pays démontrent. Ils démontrent l’horreur innommable infligée aux populations civiles dans la partie Est du pays. ll s'agit notamment, de Bukavu, Fizi, Uvira Mugunga, Goma, Bénie, Rusthuru,Lubero, Walikale, Kisangani, Tingi-Tingi, Makobola, Ituri, Kiwanja, Kasai, Maniema, Shaba. Dans un contexte global de conflit et de trouble persistant, d’instabilité socio-économique et de crise politique profonde, la commission des crimes graves se trouve exacerbée par la présence des centaines de groupes armés politico-militaro-affairistes, des Forces Armées de la R.D.C., tous soutenus par des troupes étrangères et multinationales. L'environnement politique et sécuritaire empêche la justice congolaise d'évaluer dans la sérénité la quasi-totalité d’éléments de crimes sur le territoire en vue d’identifier les auteurs, d’établir les responsabilités, procéder à leur répression, assurer la réparation des nombreuses victimes et la réconciliation nationale. L'association d'autres formes de justice serait plus que nécessaire, toujours à travers la logique de la complémentarité de la CPI
. For almost over two decades, the DRC, located in the heart of Africa, in the Great Lakes region, has benn the scene of the most violent crimes. Tremendous public and non government organizations have reported the large-scale violations international humanitarian law and human rights committed in this country. They display the horror inflicted upon the civilian populations in the eastern part of the country. These include amonsgt others the areas of Bukavu, Fizi, Uvira Mugunga, Goma, Béni, Rusthuru, Lubero, Walikale, Kisangani, Tingi-Tingi, Makobola, Ituri, Kiwanja, Kasaï, Maniema, Shaba. In a global context of conflict and persistent turmoil, socio-economic instability and deep political crisis, the commission of serious crimes is exacerbated by the presence of hundreds of armed politico-military-mercenary groups, the Armed Forces of the DRC, all supported by foreign and multinational troops. The currently political and security environment prevents the Congolese justice system from smoothly assessing all elements of crimes on the territory in order to identify the perpetrators, establish the responsibilities, carry out investigation and prosecution as well as legal proceedings, ensure the reparations to millions of victims and the national reconciliation at large. The combination of other forms of justice would be more than ever necessary through the logic of the complementarity of the ICC

28

Holm, Fanny. "Justice for victims of atrocity crimes : prosecution and reparations under international law". Doctoral thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-138761.

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This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law. The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims' rights, atrocity crimes or civil procedure instruments.

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Dourado, Maria Teresa Garritano. "A história esquecida da Guerra do Paraguai: fome, doenças e penalidades". Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/8/8138/tde-08122010-135132/.

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Conhecida como Guerra do Paraguai, Guerra da Tríplice Aliança e Guerra Grande, foi o conflito bélico de grande repercussão na história latino-americana quer quanto à mobilização, quer quanto à perda de homens. A longa duração da guerra, de dezembro de 1864 a março de 1870, analisada através de corpus documental expõe, de maneira brutal o tratamento dado aos soldados e demais participantes que lutavam não contra o inimigo comum paraguaio e sim pela sobrevivência nos campos de batalha: sem água e alimentos suficientes e adequados, sem instrumental médico-cirúrgico preparados para enfrentar as grandes batalhas que produziam milhares de feridos. Na capital do Império do Brasil e em outros portos das duas capitais aliadas como Buenos Aires e Montevidéu soldados recém-convocados, feridos e doentes transitavam sem qualquer orientação sobre cuidados sanitários e vacinação, disseminando, dessa forma, doenças muitas delas incubadas, que logo seriam transmitidas a milhares de outros soldados e civis nos campos de batalha e nas cidades para onde eram levados para tratamento. A concentração de grande massa de combatentes e não combatentes de um acampamento militar exigiu a necessidade de garantir a ordem e a disciplina. As deserções, os atos de covardia e de insubordinação, os homicídios, as brigas, os roubos, os atentados contra a propriedade, as violações e outros delitos estavam longe de serem raros, muito pelo contrário, eram bastante frequentes e constam numa profusa documentação. Analiso, além da fome e das epidemias, o funcionamento da Justiça Militar durante a Guerra do Paraguai em um acampamento do exército brasileiro e em navios da armada imperial onde se vivia sob indispensáveis regras disciplinares, muitas vezes quebradas, privilegiando fontes como memória de combatentes (oficiais e praças) e ordens do dia, entre muitas outras, em arquivos públicos e particulares. Investigo a origem dos batalhões de soldados e marinheiros destinados aos campos de batalhas, bem como o seu recrutamento e estratégias de resistência, analisando também as consequências que isso acarretou em todos os anos que durou a guerra. Procuro demonstrar que as penalidades eram resultantes diretas da fome e das doenças que grassavam nos acampamentos do exército e nos navios da esquadra imperial, interferindo, de maneira crucial, nos resultados da guerra.
Variously known as the War of Paraguay, the War of the Triple Alliance and the Big War, this bellicose conflict inflicted a significant repercussion on Latin American history in both logistics and in human mortality. The long duration of the war, from December of 1864 to March 1870, is analyzed through a body of documented works that brutally expresses the treatment of soldiers and other participants in the war. These people struggled not against a common enemy, but for survival on the battlefields. They faced shortages of water and food as well as the necessary medical-surgical supplies to support the thousands of wounded from the ferocious battles. In the capital of the Brazilian Empire as well as in the two allied capital cities of Buenos Aires and Montevideo, recently conscripted soldiers, the wounded and the sick, passed without any orientation regarding sanitation or vaccination. As a result, diseases, many of them in various stages of incubation, were transmitted to thousands of other soldiers and civilians, on the battlefields and in the cities where some were brought for treatment. A concentrated mass of combatants and support personnel in any military camp requires order and discipline. However, desertion, cowardice, insubordination, murder, fights, robbery, assaults, violations and other crimes were frequent and profusely documented. I analyze not only the hunger and epidemics, but the function of Military Justice during the War of Paraguay in a Brazilian army camp and in an imperial armada where the necessary disciplinary rules were often disregarded, according to sources such as the memoirs of combatants (both officers and conscripts) and in daily order records in public and private archives. I investigate the origins of the battalions of soldiers and sailors destined for the battlefields as well as the recruiting efforts and strategies for resistance, analyzing the consequences of such throughout the years of the war. I strive to demonstrate that the direct penalties were the hunger and the illness that flourished in the army camps and on the imperial naval ships thus affecting, in a crucial manner, the outcome of the war.

30

Hersi, Mohamed Farah. "The possibilites of international prosecution against the former Somali militry regime for human rights abuses in Somaliland from 1981 - 1991: establishing individual criminal and civil responsibility under international law". Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8055.

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Since the aftermath of the brutal civil war in Somaliland, no one has systematically considered the human rights atrocities committed by one of the most brutal regimes in sub-Saharan Africa. Therefore, it is the objective of this study, firstly, to throw light on the international rules which govern those crimes committed in Somaliland during the military regime. Secondly, the study will apply those rules to the case of Somaliland, based on the available evidence. Thirdly, the study will establish a case for the international prosecution of those who bear the greatest responsibilities for the human rights atrocities that occurred in Somaliland. Fourthly, this study will investigate which international mechanism provides the best chance of serving as an adequate prosecutorial mechanism. Finally, the study will analyse the role of individual criminal responsibility under international criminal law
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Frans Viljoen of the Faculty of Law, University of Pretoria
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

31

Wang, Ying-bei. "History, narrative, and trauma: writing war crimes in Chang-rae Lee's A Gesture life". Thesis, University of Iowa, 2010. https://ir.uiowa.edu/etd/620.

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This thesis examines how Chang-rae Lee's A Gesture Life (1999) represents the issues of war crimes. Writing the comfort women issue, Lee handles the bitter history of the Second World War in a postmodernist way. Against the modernist perspective on war history that draws on a simple and moral conclusion, Lee's writing underscores the function of narrative and the influence of trauma in the representation of the war crime. It offers a literary approach to the issue that complicates the role of the perpetrator and the victim, thus distances itself from the common understanding of war crimes. I argue this literary representation of the history of war crimes could be more powerful than historical writings, because it will ultimately challenge the concept of war itself.

32

Anderson, Danica. "The Use of Oral Memory Traditions Embedded in Somatic Psychology Practices by South Slavic Female Survivors of War and War Crimes". Thesis, The Chicago School of Professional Psychology, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3643903.

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Interdisciplinary war trauma research suggests wars involving ethnic cleansing have debilitating and serious impacts on the physical and mental health of survivors. There has been a lack of focus on female-specific victimization, although female-driven cultural practices are altered as a result of traumatization. The South Slavic female survivors of the Balkan War partake in extensive cultural practices that have been shaped by their experiences of trauma. The current study used a qualitative approach to understand how women's traumatic experiences are manifested in and ameliorated by their oral memory traditions, or the cultural practice of sharing transgenerational information. Specifically, data from psychosomatic clinical sessions spanning a ten-year period were analyzed to identify how the somatic practice of the Kolo, or the round dance or sharing of information in a circle, has provided the women an outlet for their cultural expression and healing. Results are discussed in terms of psychosomatic themes that help us understand the effects of trauma.

33

LaVilla, Oriana H. D. "Reconciliation and The Rule of Law: The Changing Role of International War Crimes Tribunals". Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/439.

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This thesis explores the relationship between international war crimes tribunals and peacebuilding in post-conflict societies. The aim of the present study was to examine how the role and function of international tribunals has changed since the establishment of the Nuremberg tribunal in the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding processes in the aftermath of conflict. As the first international tribunal mandated to restore international peace and security, the International Criminal Tribunal for the former Yugoslavia (ICTY) set a new precedent for international tribunals. Beginning with its establishment, there appeared to be a new trend of using international judicial mechanisms to promote peace and reconciliation in the aftermath of conflict. One important element of change was the increased tendency of international tribunals to engage in public outreach and help build the capacity of national justice sector institutions. As the first international tribunal to succeed the Nuremberg and Tokyo tribunals and the first UN tribunal of its kind, the ICTY has shown the extent to which international tribunals facilitate societal reconciliation is, and will be, understood within the context of the legacies they leave behind. Institutions such as the ICTY will not be judged solely on the merits of the ideals on which they were established, but instead on their concrete successes in the domestic arena and their ability to fortify domestic judicial capacity.

34

Sharples, Caroline Louise. "A liberal turn? : war crimes trials and West German public opinion in the 1960s". Thesis, University of Southampton, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.438042.

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35

Bloxham, Donald. "Genocide on trial : war crimes trials and the formation of Holocaust history and memory /". Oxford : Oxford university press, 2003. http://catalogue.bnf.fr/ark:/12148/cb390951061.

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Texte remanié de: Ph.D.--Southampton, 1998. Titre de soutenance : The Holocaust on trial : the war crime trials in the formartion of history and memory.
Documents en annexes (verdicts du procès de Nuremberg et d'autres procès). Bibliogr. p. 233-261. Index.

36

Cheah, Wui Ling. "Justice for strangers : culture and communication in the Singapore war crimes trials, 1946-1948". Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:4cf3b1d8-30a7-441a-b7e6-67b9c8b2c57b.

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This dissertation, entitled Justice for Strangers, is an in-depth historical and socio-legal analysis of 131 war crimes trials conducted by the British military in Singapore after the Second World War (the Singapore Trials). These trials involved diverse participants who spoke different languages and hailed from different legal systems and cultures: British and Allied judges and prosecutors; Japanese, Taiwanese and Korean accused; Japanese defence counsel; and hundreds of Asian witnesses from as far afield as the Andaman and Nicobar Islands in the Indian Ocean. My dissertation is based on under-explored archival material and is also the first comprehensive study of the Singapore Trials, trials that are important because of their regional scope. After the war, Singapore served as the hub for British war crimes investigations in Asia. Allied judges and lawyers from Australia, the U.S. and the Netherlands participated in the Singapore Trials. Defendants were prosecuted for war crimes committed not only in Singapore but throughout the region. The Singapore Trials thus reveal much about British and Allied war crimes policy in Asia. This study is organised around three questions: (a) How did the cultural difference between trial participants give rise to problems of language, participation, and argumentation; (b) How did judges respond to these problems and why did they choose to do so in particular ways; (c) What could have been done better in the Singapore Trials and what lessons do these trials hold for present-day war crimes trials. Among others, my findings confirm that participants need to share a certain amount of shared cultural knowledge for effective communication at trial. Cultural learning is nevertheless possible, and judicial intervention can minimise the impact of culturally related communication problems.

37

Nortje, Windell. "The accountability of juveniles for crimes under international law". University of the Western Cape, 2016. http://hdl.handle.net/11394/5471.

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Doctor Legum - LLD
Children have been committing crimes during times of war and other armed conflicts since time immemorial. Yet, it is only over the last few decades that cognisance is being taken of child soldiers as a type of juvenile. The unfortunate sight of a child holding a gun has become a familiar picture throughout armed conflicts, especially in Africa. Both boys and girls are used as child soldiers and they can be as young as 5 years old. They are mainly regarded as victims of crimes under international law and are therefore usually rehabilitated once they have been disarmed and demobilised. Notwithstanding their need for rehabilitation, it is a fact that child soldiers commit some of the most egregious crimes under international law. They receive military-style training and are presumably not afraid of killing and carrying out orders. Yet it is recognised that generally they do not have the same level of maturity as adults. The reality of child soldiers who join armed forces therefore presents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection to all children, and on the other, unequivocally call for the prosecution and punishment of those who are individually responsible for committing crimes under international law. Consequently, various safeguards need to be upheld to ensure that the best interests of the child are maintained once a child soldier is held criminally responsible. This thesis analyses the extent to which child soldiers can be prosecuted under domestic and international law, as well as the implementation of alternative measures to prosecution. The thesis proposes that a case-by-case approach should be considered when child soldiers are prosecuted for crimes under international law, thereby investigating and analysing the often distinctive circumstances related to their crimes.
German Academic Exchange Service (DAAD)

38

Finley, Briana Noelle. "The Destruction of a Society: A Qualitative Examination of the Use of Rape as a Military Tool". Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4665/.

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This thesis explores the conditions under which mass rapes are more likely to be incorporated into the strategy of military or paramilitary groups during periods of conflict. I examine three societies, Rwanda , the former Yugoslavia , and Cambodia in a comparative analysis. To determine what characteristics make societies more likely to engage in rape as a military tool, I look at the status of women in the society, the religious cultures, the degree of female integration into the military institutions, the cause of the conflicts, the history of the conflict, and finally, the status of minority ethnic groups in each of these societies.

39

Gebreselassie, Yonas Debesai. "The United Nations and the African Union in the prevention of war crimes, crimes against humanity and genocide in Africa: lessons from Rwanda". Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1084.

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"Although the concept of human rights is not new, it has never attracted more attention than today. However, contrary to the tremendous growth of concern for the international protection of human rights, Rwanda was visited by three main deplorable waves of war crimes, crimes against humanity and genocide. Therefore, while the study is based on the premise that the primary duty of preventing these international crimes lies with the state, it will be argued that the secondary duty lies with international organisations like the UN and the AU. Both organisations could have averted or minimised the atrocities that occurred in Rwanda. Accordingly the study aims to address four issues. First, it attempts to review the weaknesses of the UN and OAU in their human rights monitoring and promotional fucntion derived from international human rights instruments. Second, it seeks to investigate the shortcomings and the failures of these two organisations in intervening to stop the Rwandan genocide. Third, it attempts to examine the UN's and AU's current handling of the cases of genocide as a preventive mechanism against gross human rights violations in Rwanda. Finally, the study will attempt to see if the failures seen in Rwanda are reflected in the current responses of the UN and the AU. The study presupposes that the 1994 Rwandan genocide, although not altogether inevitable, would not have been so comprehensive had the UN and the OAU/AU not developed a culture of impunity in the genocide of 1963 and 1973. One way assume, too, that the suffering could even have been minimized had there been active measures taken by these two organisations. This thesis proceeds on the premise of a problem that the vacuum that still exists under the Rwandan situation, both pre- and post-1994 genocide, as well as the weakness of the response from the UN and AU, is also abetting the current genocide in Sudan and countries with a volatile situation, like the Democratic Republic of Congo and Burundi." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/llm1.html
Centre for Human Rights
LLM

40

De, Gray Lisa. ""A Monster and a Test Case" Media framing in the Hissène Habré war crimes case". Thesis, Boston College, 2009. http://hdl.handle.net/2345/687.

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Thesis advisor: Charles Morris
In September 2005 the former dictator of Chad, Hissène Habré, was charged with war crimes, crimes against humanity, and torture. Following an extradition request, Habré was arrested in Senegal – the country he had been living in since 1990, when he was deposed in a coup. The Senegalese government, however, did not follow through on the extradition order. The charges and order had not come from a Chadian court but rather from a Belgian judge. Faced with the delicate issue of extraditing a former African head of state to stand trial in the court of a former colonial power, the Senegalese government turned to the African Union, asking the organization to recommend how to try Habré.During the period between Habré’s arrest in November 2005 and the African Union’s ruling in July 2006, the Habré case appeared in the news framed in several different contexts. For human rights groups, the trial was not only the chance to bring Habré to justice; it was also a chance to further develop the legal precedent established in the Pinochet case. For the Senegalese government, the Belgian extradition order was a threat to African sovereignty.The Habré case as it appears in the media and as it is framed by the involved parties reveals the complexities of the case, demonstrating that the Habré case is not simply about trying a former head of state; rather it is about the politics of war crimes, from the scope and limitations of international law to the emerging role of the African Union on the world stage
Thesis (BA) — Boston College, 2009
Submitted to: Boston College. College of Arts and Sciences
Discipline: College Honors Program
Discipline: Communications

41

Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law". Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

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42

Gassama, Diakhoumba. "Accountability and prosecution in the Liberian transitional society: lessons from Rwanda and Sierra Leone". Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=init_3458_1180416748.

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In the aftermath of World War Two, the International Community has shown a renewed commitment towards the protection of human rights. However, whether during wars or under dictatorial regimes, numerous human rights abuses occurred everywhere in the world, from Latin America to Eastern Europe and from Southern Europe to Africa. Countries which experienced oppressive governance or outrageous atrocities has to address the legacies of their past on the return of democratic rule or peace. In other words, they had to emerge from the darkness of dictatorship or civil war in order to establish a democracy. Today, after 14 years of civil war, Liberia is faced with the challenge of achieving a successful transition where the imperatives of truth, justice and reconciliation need to be met. The purpose of this research paper was to make some recommendations on the way the accountability process in Liberia should be shaped as far as prosecution is concerned.

43

Barjandi, Behnaz. "Asyl vs. Exklusion - En undersökning av förhållandet mellan rätten till asyl och exklusion samt hur verkställighetshinder och non-refoulementprincipen förhindrar utvisning vid avslag på ansökan om asyl". Thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-132361.

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44

Bloxham, Donald. "The Holocaust on trial : the war crimes trials in the formation of history and memory". Thesis, University of Southampton, 1998. https://eprints.soton.ac.uk/42317/.

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The thesis considers the educational function of the trials of Nazis by the British and American authorities after the Second World War. As has generally been overlooked in the literature, legal proceedings were instituted not only to punish the abhorrent actions of the Third Reich, but also to provide an historical record for the edification of victors, vanquished and posterity alike. The route from this Allied intention to its fulfillment was not a straightforward one, however, bedeviled by enduring preconceptions of Nazi criminality on all sides, and by the very nature of the legal process. To illustrate by case study the difficulties of disclosing information through the trial medium, the theme of the murder of the European Jews has been selected. The limiting influence of British and American socio-cultural and politico-legal norms on the parameters of the trials is developed in the first section. This analyses the prosecutorial methods with which it was considered the didactic aims would best be achieved, alongside the prevailing trend towards downplaying the particular identity of the chief victims of Nazism. The image of the Jewish catastrophe thus compiled as theory was translated into reality in the Allied courtrooms is the initial focus of the second section. That deals with the problematic image of the 'concentration camps' established in a selection of trials; and with the influence of such proceedings upon the academic historiography of the Holocaust. Finally, the thesis confronts the popular receptivity in Britain, the USA and West Germany to the information made available.

45

Binneh-Kamara, Abou. "Media reporting of war crimes trials and civil society responses in post-conflict Sierra Leone". Thesis, University of Bedfordshire, 2015. http://hdl.handle.net/10547/618559.

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This study, which seeks to contribute to the shared-body of knowledge on media and war crimes jurisprudence, gauges the impact of the media’s coverage of the Civil Defence Forces (CDF) and Charles Taylor trials conducted by the Special Court for Sierra Leone (SCSL) on the functionality of civil society organizations (CSOs) in promoting transitional (post-conflict) justice and democratic legitimacy in Sierra Leone. The media’s impact is gauged by contextualizing the stimulus-response paradigm in the behavioral sciences. Thus, media contents are rationalized as stimuli and the perceptions of CSOs’ representatives on the media’s coverage of the trials are deemed to be their responses. The study adopts contents (framing) and discourse analyses and semi-structured interviews to analyse the publications of the selected media (For Di People, Standard Times and Awoko) in Sierra Leone. The responses to such contents are theoretically explained with the aid of the structured interpretative and post-modernistic response approaches to media contents. And, methodologically, CSOs’ representatives’ responses to the media’s contents are elicited by ethnographic surveys (group discussions) conducted across the country. The findings from the contents and discourse analyses, semi-structured interviews and ethnographic surveys are triangulated to establish how the media’s coverage of the two trials impacted CSOs’ representatives’ perceptions on post-conflict justice and democratic legitimacy in Sierra Leone. To test the validity and reliability of the findings from the ethnographic surveys, four hundred (400) questionnaires, one hundred (100) for each of the four regions (East, South, North and Western Area) of Sierra Leone, were administered to barristers, civil/public servants, civil society activists, media practitioners, students etc. The findings, which reflected the perceptions of people from large swathe of opinions in Sierra Leone, appeared to have dovetailed with those of the CSOs’ representatives across the country. The study established that the media’s coverage of the CDF trial appeared to have been tainted with ethno-regional prejudices, and seemed to be ‘a continuation of war by other means’. However, the focus groups perceived the media reporting as having a positive effect on the pursuit of post-conflict justice, good governance and democratic accountability in Sierra Leone. The coverage of the Charles Taylor trial appeared to have been devoid of ethno-regional prejudices, but, in the view of the CSOs, seemed to have been coloured by lenses of patriotism and nationalism.

46

Mitchell, David Scott. "Voicing the Silent War Crime: Prosecuting Sexual Violence in the Special Court for Sierra Leone". Miami University Honors Theses / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1146448301.

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Tay, Frances. "Making Malaysian Chinese : war memory, histories and identities". Thesis, University of Manchester, 2015. https://www.research.manchester.ac.uk/portal/en/theses/making-malaysian-chinese-war-memory-histories-and-identities(abc19330-315a-4602-9680-5beb74173920).html.

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This thesis proposes a new perspective on Malaysian Chinese studies by exploring issues of identity formation refracted through the lens of contestations of war memory, communal history and state-sponsored national history. In multiethnic Malaysia, despite persistent nation-building programs towards inculcating a shared Malaysian national identity, the question as to whether the Chinese are foremost Chinese or Malaysian remains at the heart of Malaysian socio-political debates. Existing scholarship on the Malaysian Chinese is often framed within post-independent development discourses, inevitably juxtaposing the Chinese minority condition against Malay political and cultural supremacy. Similarly, explorations of war memory and history echo familiar Malay-Chinese, dominant-marginalised or national-communal binary tropes. This thesis reveals that prevailing contestations of memory and history are, at their core, struggles for cultural inclusion and belonging. It further maps the overlapping intersections between individual (personal/familial), communal and official histories in the shaping of Malaysian Chinese identities. In tracing the historical trajectory of this community from migrants to its current status as ‘not-quite-citizens,’ the thesis references a longue durée perspective to expose the motif of Otherness embedded within Chinese experience. The distinctiveness of the Japanese occupation of British Malaya between 1941-1945 is prioritised as a historical watershed which compounded the Chinese as a distinct and separate Other. This historical period has also perpetuated simplifying myths of Malay collaboration and Chinese victimhood; these continue to cast their shadows over interethnic relations and influence Chinese representations of self within Malaysian society. In the interstices between Malay-centric national history and marginalised Chinese war memory lie war memory silences. These silences reveal that obfuscation of Malaysia’s wartime past is not only the purview of the state; Chinese complicity is evident in memory-work which selectively (mis)remembers, rejects and rehabilitates war memory. In excavating these silences, the hitherto unexplored issue of intergenerational memory transmission is addressed to discern how reverberations of the wartime past may colour Chinese self-image in the present. The thesis further demonstrates that the marginalisation of Chinese war memory from official historiography complicates the ongoing project of reconciling the Malaysian Chinese to a Malay-dominated nationalist dogma.

48

Negash, Tesfamicael. "Accomplishments, shortcomings and challenges: evaluation of the Special Court for Sierra Leone". Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4727_1183988504.

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This thesis assessed the effectiveness of the Special Court in relation to the impact is has made in cultivating the rudiments of a human rights culture, dispensing justice, ending a culture of impunity, effecting unity and national reconciliation in post war Sierra Leone.

49

Sedgwick, James Burnham. "Western reaction to Allied war crimes operations in the Far East, 1945-1951 : apathetic and insignificant?" Thesis, University of Canterbury. School of History, 2004. http://hdl.handle.net/10092/2628.

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World War II was one of the most brutal conflicts in history, and conflicting attitudes pervaded the post-war period. Feelings of profound hatred, emerging Cold War tensions, hope for future peace and international cooperation all came to the fore. In this context, the victorious Allied powers brought Axis war criminals to ''justice''. Although much has been written about the ensuing trials of Nazis and their collaborators in Europe, markedly less is known about the complement trials in Asia. This is surprising because Allied prosecutions in the East were at least as extensive as those in Europe and represented perhaps an even greater effort in international cooperation. The lack of scholarly exposure given to these trials is notable, and even during their proceedings, the Asian trials were overshadowed by their European counterparts. This lack of attention does not, however, imply apathy. This study examines contemporary Western reaction to Allied war crimes operations in the Far East, revealing that the international community was in fact very aware of the trials. Contemporary popular media covered the most dramatic and shocking trials, and academic periodicals discussed their legal validity and legacy. Although the most widely-discussed trial of the period was the International Military Tribunal for the Far East (IMTFE) in Tokyo, many other trials were also covered. Those directly involved in the trial of Japanese war criminals were especially vocal in discussing their work. This was particularly so with those linked to the IMTFE. The final chapter of this thesis presents a case study of internal reaction to this trial, examining available published and unpublished recollections of individuals involved with the IMTFE such as the judges, prosecutors, defence counsel, and personal assistants. Like other trials in the East, the IMTFE was not as widely discussed as its Nuremberg contemporary. The people involved in the IMTFE were nonetheless aware of its importance, its shortcomings and strengths, and its role in the politics and media of an increasingly international society. In this way, internal reaction to the IMTFE represents a microcosm of contemporary views of Allied war crimes prosecutions in Asia. Interest in Allied trials in the East may not have been widespread, but it was thorough, vigorous, and varied. It was not the indifferent haphazard array that is most regularly depicted.

50

Roberts, Julie Ann. "An anthropological study of war crimes against children in Kosovo and Bosnia-Herzegovina in the 1990s". Thesis, University of Glasgow, 2011. http://theses.gla.ac.uk/2562/.

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Abstract (sommario):

Between 1991 and 1999 war broke out across Former Yugoslavia. Thousands of people are believed to have been killed and many more were internally displaced or forcibly expelled from their countries. In 1993 the United Nations established the International Criminal Tribunal for Former Yugoslavia (ICTY) to investigate war crimes allegedly committed in the region. Its work is still ongoing. This research comprises an anthropological study of the children in Kosovo and Bosnia-Herzegovina who were killed as a direct result of war crimes perpetrated during the conflicts of the 1990s. It is based on primary forensic data collected by investigators and scientists on behalf of ICTY between the dates of 1996 and 2000. From this data, a single integrated database was created which allowed the numbers of child deaths, causes of death, demographic profiles of the deceased, and post-mortem treatment of their remains to be analysed. As well as examining these factors within each country a significant aspect of the research included comparative analysis between the crimes committed against children in Kosovo and those in Bosnia-Herzegovina. Broad comparisons were also made between adult and child data in both countries. The findings from the research were analysed within their wider socio-political context and an assessment was made of how closely the forensic evidence supported accounts from other literary sources. In its current form, the research can be used as a historical and scientific resource by those wishing to study both the events surrounding the wars in Kosovo and Bosnia-Herzegovina, and the scientific methods used by experts in the field to investigate the crimes. The methodology employed during the research, including the creation of the database, is described in detail and is directly transferrable to other studies of a similar nature. Solutions employed to address the considerable problems encountered during the construction of the database can be applied to other similarly large and unmanageable datasets. The database itself can be expanded to include the forensic evidence collected in Bosnia-Herzegovina and Kosovo since 2001, when ICTY handed over responsibility for the exhumations to local government agencies. It can also be used to examine other aspects of the wars, and adapted to analyse data from other countries. Ultimately it is hoped that this research will be of use in formulating pro-active strategies which might assist in protecting children involved in future conflicts.

Tesi sul tema "Crimes of war"

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