Untold Stories: The Hidden Histories of War Crimes Trials

Hardcover | November 30, 2013

EditorKevin Heller, Gerry Simpson

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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 amore 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 newnarrative 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.

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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 amore comprehensive overview, uncovering and e...

Kevin Jon Heller is a Senior Lecturer at Melbourne Law School, where he teaches criminal law and international criminal law. He has a JD from Stanford Law School, an MA in literature from Duke University, an MA and BA in social and political theory from the New School for Social Research, all with honors and a PhD from Leiden Universi...

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Format:HardcoverDimensions:520 pages, 9.21 × 6.14 × 0.1 inPublished:November 30, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199671141

ISBN - 13:9780199671144

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Table of Contents

1. Kevin Jon Heller and Gerry Simpson: IntroductionPart 1: Pre-Histories: From Von Hagenbach to The Armenian Genocide2. Benjamin Brockman-Hawe: From Might to Right: The affair of Kham Muon and the Franco-Siamese Mixed Court in historical perspective3. Gregory S. Gordon: Peter von Hagenbach and the Twilight Zone pre-history of international criminal law4. Jennifer Balint: The special military tribunal for the Armenian GenocidePart 2: European Histories I: Prosecuting Atrocity5. Rosa Ana Alija-Fernandez: US military trials against Spanish Kapos in Mauthausen and universal jurisdiction6. Dov Jacobs: A narrative of justice and the (re)writing of history: French trials after World War II7. Frederic Megret: The Bordeaux Trial - Prosecuting the Oradour-sur-Glane massacre8. Jernej Letnar Cernic: Responding to crimes against humanity committed in Slovenia after the Second World WarPart 3: European Histories II: Americans in Europe9. Grietje Baars: Capitalism's victor's justice? Prosecution of industrialists post WWII10. Stephen Vladeck: Eisentrager's (Forgotten) Merits: Military commissions and collateral reviewPart 4: European Histories III: Contemporary Trials11. Benedetta Faedi Duramy: Making peace with the past: Federal Republic of Germany's accountability for World War II massacres before the Italian Supreme Court12. Tamas Hoffman: Hungarian historical justice trials13. Rain Liivoja: Nuremberg revised? Prosecuting Soviet war crimes in the Baltic States14. Julia Selman-Ayetey: The law of universal jurisdiction: The case of NorwayPart 5: African Histories15. Jackson Maogoto: Reading the shadows of history: The bridges between Turkish and Ethiopian 'internationalised' domestic crime trials16. Firew Kebede Tiba: Mass trials and modes of responsibility for international crimes: Ethiopia17. Hannibal Travis: Cold War genocides: Failures of global justice in Nigeria and PakistanPart 6: Southern Histories18. Georgina Fitzpatrick: War crimes trials and Australian military justice in the aftermath of World War II19. Narrelle Morris: Asian victims and the Australian war crimes trials of the Japanese 1945-5120. Peter Rush: Argentina's Dirty WarPart 7: Histories of a Type: Excavating the Crime of Aggression21. Roger Clark: From the trial of Takashi Sakai in August 1946 to the Kampala Review Conference in 201022. Mark Drumbl: Aggression prosecutions outside the limelight - the Greiser and Sakai trials23. Immi Tallgren: The Finnish war-responsibility trial in 1945-56: Flawed justice, anxious peace?Part 8: Conclusion24. Gerry Simpson: History of histories