Description : Reviewing recently declassified CIA documents, this book provides a balanced but critical discussion of the contribution of American intelligence officials to the Nuremberg war crimes trials. Giving new details of how senior Nazi war criminals, such as SS General Karl Wolff, were provided with effective immunity deals, partly as a reward for their wartime cooperation with US intelligence officials, including Allen Dulles, former CIA Director, the author also discusses the role of such officials in mobilizing the unique resources of a modern intelligence agency to provide important trial testimony and vital documentary evidence. Nazi War Crimes, US Intelligence and Selective Prosecution at Nuremberg argues that both war crimes prosecutors and intelligence officials can engage in mutually beneficial collaborations, but that both sides need to recognize and appreciate the problems that may arise from the fact that these institutions are required to operate according to different, and in some cases contradictory, agendas. This topical book gives those studying, or with interests in, international law, criminal law and history an insight into the debates surrounding international war crimes, within the context of the Nuremberg war crimes trials.
Description : Kerstin von Lingen shows how Nazi SS-General Karl Wolff avoided war crimes prosecution because of his role in "Operation Sunrise," negotiations conducted by high-ranking American, Swiss, and British officials - in violation of the Casablanca agreements with the Soviet Union - for the surrender of German forces in Italy. Von Lingen suggests that the Cold War started already with "Operation Sunrise," and helps us understand rollback operations thereafter: one was the failure of justice and selective prosecution for high ranking Nazi criminals. The Western Allies not only failed to ensure cooperation between their respective national war crimes prosecution organizations, but in certain cases even obstructed justice by withholding evidence from the prosecution.
Description : This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.
Description : There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thought and debates.
Description : The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. The Yearbook also includes a selection of documents from the reporting period, many of which are not accessible elsewhere, and a comprehensive bibliography of all recent publications in humanitarian law and other relevant fields. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.