Download or read book Mass Atrocity Collective Memory and the Law written by Mark Osiel and published by Transaction Pub. This book was released on 1999-09-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.
Download or read book Mass Atrocity Collective Memory and the Law written by Michael Curtis and published by Routledge. This book was released on 2017-07-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.
Download or read book Mass Atrocity Collective Memory and the Law written by Mark J. Osiel and published by Routledge. This book was released on 2017-07-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a "theater of ideas," which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion. The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.
Download or read book Making Sense of Mass Atrocity written by Mark Osiel and published by Cambridge University Press. This book was released on 2009-07-31 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book trenchantly diagnoses the law's limits in making sense of mass atrocity.
Download or read book Mass Atrocity Ordinary Evil and Hannah Arendt written by Mark Osiel and published by Yale University Press. This book was released on 2001-01-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it possible that the soldiers of mass atrocities--Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example--act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.
Download or read book After Genocide written by Nicole Fox and published by University of Wisconsin Pres. This book was released on 2021-07-27 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nicole Fox investigates the ways memorials can shape the experiences of survivors decades after massacres have ended. She examines how memorializations can both heal and hurt, especially when they fail to represent all genders, ethnicities, and classes of those afflicted.
Download or read book The Crime of Destruction and the Law of Genocide written by Caroline Fournet and published by Routledge. This book was released on 2016-03-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
Download or read book American Memories written by Joachim J. Savelsberg and published by Russell Sage Foundation. This book was released on 2011-09-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long history of warfare and cultural and ethnic violence, the twentieth century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide. Despite this global trend toward accountability, American collective memory appears distinct in that it tends to glorify the nation’s past, celebrating triumphs while eliding darker episodes in its history. In American Memories, sociologists Joachim Savelsberg and Ryan King rigorously examine how the United States remembers its own and others’ atrocities and how institutional responses to such crimes, including trials and tribunals, may help shape memories and perhaps impede future violence. American Memories uses historical and media accounts, court records, and survey research to examine a number of atrocities from the nation’s past, including the massacres of civilians by U.S. military in My Lai, Vietnam, and Haditha, Iraq. The book shows that when states initiate responses to such violence—via criminal trials, tribunals, or reconciliation hearings—they lay important groundwork for how such atrocities are viewed in the future. Trials can serve to delegitimize violence—even by a nation’s military— by creating a public record of grave offenses. But the law is filtered by and must also compete with other institutions, such as the media and historical texts, in shaping American memory. Savelsberg and King show, for example, how the My Lai slayings of women, children, and elderly men by U.S. soldiers have been largely eliminated from or misrepresented in American textbooks, and the army’s reputation survived the episode untarnished. The American media nevertheless evoked the killings at My Lai in response to the murder of twenty-four civilian Iraqis in Haditha, during the war in Iraq. Since only one conviction was obtained for the My Lai massacre, and convictions for the killings in Haditha seem increasingly unlikely, Savelsberg and King argue that Haditha in the near past is now bound inextricably to My Lai in the distant past. With virtually no criminal convictions, and none of higher ranks for either massacre, both events will continue to be misrepresented in American memory. In contrast, the book examines American representations of atrocities committed by foreign powers during the Balkan wars, which entailed the prosecution of ranking military and political leaders. The authors analyze news accounts of the war’s events and show how articles based on diplomatic sources initially cast Serbian President Slobodan Milosevic in a less negative light, but court-based accounts increasingly portrayed Milosevic as a criminal, solidifying his image for the public record. American Memories provocatively suggests that a nation’s memories don’t just develop as a rejoinder to events—they are largely shaped by institutions. In the wake of atrocities, how a state responds has an enduring effect and provides a moral framework for whether and how we remember violent transgressions. Savelsberg and King deftly show that such responses can be instructive for how to deal with large-scale violence in the future, and hopefully how to deter it. A Volume in the American Sociological Association’s Rose Series in Sociology.
Download or read book Obeying Orders written by Mark J. Osiel and published by Routledge. This book was released on 2017-07-05 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti
Download or read book Legal Institutions and Collective Memories written by Susanne Karstedt and published by Bloomsbury Publishing. This book was released on 2009-08-03 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades the debate among scholars, lawyers, politicians and others about how societies deal with their past has been constant and intensive. 'Legal Institutions and Collective Memories' situates the processes of transitional justice at the intersection between legal procedures and the production of collective and shared meanings of the past. Building upon the work of Maurice Halbwachs, this collection of essays emphasises the extended role and active involvement of contemporary law and legal institutions in public discourse about the past, and explores their impact on the shape that collective memories take in the course of time. The authors uncover a complex pattern of searching for truth, negotiating the past and cultivating the art of forgetting. Their contributions explore the ambiguous and intricate links between the production of justice, truth and memory. The essays cover a broad range of legal institutions, countries and topics. These include transitional trials as 'monumental spectacles' as well as constitutional courts, and the restitution of property rights in Central and Eastern Europe and Australia. The authors explore the biographies of victims and how their voices were repressed, as in the case of Korean Comfort Women. They explore the role of law and legal institutions in linking individual and collective memories in the transitional period through processes of lustration, and they analyse divided memories about the past and their impact on future reconciliation in South Africa. The collection offers a genuinely comparative approach, allied to cutting-edge theory
Download or read book The Collective Memory Reader written by Jeffrey K. Olick and published by . This book was released on 2011 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few decades, there are few concepts that have rivaled "collective memory" for attention in the humanities and social sciences. Indeed, use of the term has extended far beyond scholarship to the realm of politics and journalism, where it has appeared in speeches at the centers of power and on the front pages of the world's leading newspapers. Seen by scholars in numerous fields as a hallmark characteristic of our age, an idea crucial for understanding our present social, political, and cultural conditions, collective memory now guides inquiries into diverse, though connected, phenomena. Nevertheless, there remains a great deal of confusion about the meaning, origin, and implication of the term and the field of inquiry it underwrites. The Collective Memory Reader presents, organizes, and evaluates past work and contemporary contributions on collective memory. Combining seminal texts, hard-to-find classics, previously untranslated references, and contemporary landmarks, it will serve as a key reference in the field. In addition to a thorough introduction, which outlines a useful past for contemporary memory studies, The Collective Memory Reader includes five sections-Precursors and Classics; History, Memory, and Identity; Power, Politics, and Contestation; Media and Modes of Transmission; Memory, Justice, and the Contemporary Epoch-comprising ninety-one texts. A short editorial essay introduces each of the sections, while brief capsules frame each of the selected texts. An indispensable guide, The Collective Memory Reader is at once a definitive entry point into the field for students and an essential resource for scholars.
Download or read book Holocaust Public Memory in Postcommunist Romania written by Alexandru Florian and published by Indiana University Press. This book was released on 2018-01-24 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is the Holocaust remembered in Romania since the fall of communism? Alexandru Florian and an international group of contributors unveil how and why Romania, a place where large segments of the Jewish and Roma populations perished, still fails to address its recent past. These essays focus on the roles of government and public actors that choose to promote, construct, defend, or contest the memory of the Holocaust, as well as the tools—the press, the media, monuments, and commemorations—that create public memory. Coming from a variety of perspectives, these essays provide a compelling view of what memories exist, how they are sustained, how they can be distorted, and how public remembrance of the Holocaust can be encouraged in Romanian society today.
Download or read book Pursuing Justice for Mass Atrocities written by Sarah McIntosh and published by . This book was released on 2021-03-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.
Download or read book The Collective Memory Reader written by Jeffrey K. Olick and published by Oxford University Press. This book was released on 2011-01-21 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few decades, there are few concepts that have rivaled "collective memory" for attention in the humanities and social sciences. Indeed, use of the term has extended far beyond scholarship to the realm of politics and journalism, where it has appeared in speeches at the centers of power and on the front pages of the world's leading newspapers. Seen by scholars in numerous fields as a hallmark characteristic of our age, an idea crucial for understanding our present social, political, and cultural conditions, collective memory now guides inquiries into diverse, though connected, phenomena. Nevertheless, there remains a great deal of confusion about the meaning, origin, and implication of the term and the field of inquiry it underwrites. The Collective Memory Reader presents, organizes, and evaluates past work and contemporary contributions on collective memory. Combining seminal texts, hard-to-find classics, previously untranslated references, and contemporary landmarks, it will serve as a key reference in the field. In addition to a thorough introduction, which outlines a useful past for contemporary memory studies, The Collective Memory Reader includes five sections-Precursors and Classics; History, Memory, and Identity; Power, Politics, and Contestation; Media and Modes of Transmission; Memory, Justice, and the Contemporary Epoch-comprising ninety-one texts. A short editorial essay introduces each of the sections, while brief capsules frame each of the selected texts. An indispensable guide, The Collective Memory Reader is at once a definitive entry point into the field for students and an essential resource for scholars.
Download or read book Memory from the Margins written by Bridget Conley and published by Springer. This book was released on 2019-03-13 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks the question: what is the role of memory during a political transition? Drawing on Ethiopian history, transitional justice, and scholarly fields concerned with memory, museums and trauma, the author reveals a complex picture of global, transnational, national and local forces as they converge in the story of the creation and continued life of one modest museum in the Ethiopian capital, Addis Ababa—the Red Terror Martyrs Memorial Museum. It is a study from multiple margins: neither the case of Ethiopia nor memorialization is central to transitional justice discourse, and within Ethiopia, the history of the Red Terror is sidelined in contemporary politics. From these nested margins, traumatic memory emerges as an ambiguous social and political force. The contributions, meaning and limitations of memory emerge at the point of discrete interactions between memory advocates, survivor-docents and visitors. Memory from the margins is revealed as powerful for how it disrupts, not builds, new forms of community.
Download or read book The Responsibility to Protect written by Gareth Evans and published by Rowman & Littlefield. This book was released on 2009-08-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never
Download or read book The Figure of the Witness in International Criminal Tribunals written by Benjamin Thorne and published by Taylor & Francis. This book was released on 2022-10-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses how international criminal institutions, and their actors – legal counsels, judges, investigators, registrars – construct witness identity and memory. Filling an important gap within transitional justice scholarship, this conceptually led and empirically grounded interdisciplinary study takes the International Criminal Tribunal for Rwanda (ICTR) as a case study. It asks: How do legal witnesses of human rights violations contribute to memory production in transitional post-conflict societies? Witnessing at tribunals entails individuals externalising memories of violations. This is commonly construed within the transitional justice legal scholarship as an opportunity for individuals to ensure their memories are entered into an historical record. Yet this predominant understanding of witness testimony fails to comprehend the nature of memory. Memory construction entails fragments of individual and collective memories within a contestable and contingent framing of the past. Accordingly, the book challenges the claim that international criminal courts and tribunals are able to produce a collective memory of atrocities; as it maintains that witnessing must be understood as a contingent and multi-layered discursive process. Contributing to the specific analysis of witnessing and memory, but also to the broader field of transitional justice, this book will appeal to scholars and practitioners in these areas, as well as others in legal theory, global criminology, memory studies, international relations, and international human rights.
