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The Rise and Fall of War Crimes Trials

The Rise and Fall of War Crimes Trials From Charles I to Bush II

Author: Anthony Smith
Publisher: Cambridge University Press
ISBN: 9781107023543
Published In: June 2012
Format: Hardback , 326 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials – a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

• First comprehensive treatment of war crimes tribunals that is theoretically grounded

• First volume that tracks the evolution of war crimes trials from the outset through the present

• Offers a theoretical argument supported by a thorough analysis of the empirical evidence

Acknowledgments	vii
1. Introduction	1
Overview	1
The Evolution of Justice and the Concept of Law	11
Politics and Power	16
The Cases	20
2. Antecedents and Origins of War Crimes Tribunals: The Trial of Charles I and the Trial of Captain Henry Wirz	29
The Trial of Charles I	30
The Trial of Captain Henry Wirz	50
3. The Institutionalization of War Crimes Tribunals: The Nuremberg Trials and the Tokyo Trials	79
The Nuremberg Trials	80
The Tokyo War Crimes Trial	96
Charles I, Captain Wirz, Nuremberg, and Tokyo in Perspective	110
4. Domestication of War Crimes Tribunals: Argentina, South Africa, and the Former Soviet States	117
Argentina	118
The Truth and Reconciliation Commission of South Africa	132
Lustration and the Former Soviet States	148
5. Third-Party War Crimes Tribunals: The ICTY and the ICTR	155
The Former Yugoslav States	156
Rwanda	173
6. Globalization of War Crimes Tribunals through the International Criminal Court	185
7. The Fall of War Crimes Tribunals: Afghanistan, Iraq, and the War on Terror	231
Iraq	234
Afghanistan and the War on Terror	243
8. Conclusion	265
References	291
Index	311