Term
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Definition
| legal restrictions placed on states and right to go to war |
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Term
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Definition
| legal restrictions governing behavior in time of war |
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Term
| What Constitutes a War Crime |
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Definition
war crime used as an all encompassing term normally
Text Book Answer:
there are laws of war -- Corpus of the laws of war ( body) and they come in all different variations
If one or any of these specific laws are broken, that constitutes a war crime or crime of war
Reality in Practice
-instead of looking of all the rules, will say a handful are important and will constitute a serious violation and a war crime |
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Term
| Violation of ILOAC vs. War Crime |
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Definition
Soldier in a field that removes his/her uniform or insignia = Violation of ILOAC
as a result, unlawful combatant status
What if the soldier commits murder? It would be a serious violation
then you would have a war crimincal |
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Term
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Definition
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Term
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Definition
Criminal Intent
hardest part to nail down |
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Term
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Definition
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Term
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Definition
the courts interpretation of mens rea
the court determined that acts of recklessness can constitute criminal intent |
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Term
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Definition
Courts is the locale for the prosecution to violate those who violate laws of war including: People and Nation States
people may be civilians and combatant soldiers as well
Tribunal may be a Nation States court, a military court, or and International court |
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Term
| Which People May be Prosecuted |
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Definition
Soldiers are very likely the largest category
People in Administration
Doctors and Nurses
Judges
Industrialists
Prison Wardens
Ordinary Civilians
Senior Servants - i.e sec. of defense |
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Term
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Definition
| the first systematic prosecution of War criminals |
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Term
| Jurisdiction of National (state) Courts |
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Definition
Sound Legal Basis to Proceed
There are different ways:
territorial - on or in the territory of the state
Nationality of Criminal
Nationality of the Victim- the effect principle because the effect is on your country
Universality - any court at anytime has jurisdiction |
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Term
| If No States Request Extradition |
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Definition
War Criminal -- > Committs illegal actions againist 3 diff. countries
No interest in prosecution
State in Possession is bound by International Law by the Principle of “ Aut Dedere aut judicare” ---> extradite or prosecute |
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Term
| Universal Jurisdiction in State Courts |
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Definition
War Crimes
Crimes Againist Humanity
Torture
Extrajudicial Executions
Genocide
Forced Disperances |
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Term
| Jurisdiction of International Courts |
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Definition
More often it should be a treaty, even most of them not, only the ICC created by a int. treaty
you may see it embedded in a treaty that “ in the even of ... has jurisdiction”
Decision of Powerful States
i.e Nuremberg and Tokyo
Yugoslavia and Rwanda |
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Term
| Those who May be Prosecuted |
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Definition
Those who Committed the Crime
Those Who Commissioned the Crime
planning, organizing, ordering, etc.
Those who failed to prevent the crime - in a position to do so but fail to.
that was how Haditha Massacre became a trial of 8 |
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Term
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Definition
-War crimes
Crimes Againist Humanity
Crimes Againist the Peace |
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Term
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Definition
Acts during a war by individual
Individual Responsibility
Soldier commits a war crime againist another soldier using an exploding bullet for example
Another Example would be when a Solider commits a crime towards a non combatant
Could also be civilian againist civilian |
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Term
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Definition
Use of Forbidden Weapons
Treachery in Asking for Quarters
Firing on Undefended Targets
Maltreating Corpses
Abusing Flag of Truce
Misuse of Red Cross
Pillaging
Assasination
Purposeless Destruction
Use of Civilian clothing
Mistreating POWs
Abuse of Children by using them as soldiers in armed conflict |
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Term
| Defenses that Do Not Work |
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Definition
Superior Orders ( Following Superior Orders)
Statute of Limitations Expired
Obedience to Domestic Law
Immunities |
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Term
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Definition
deals with superior orders
Knight
1474
Court of the Holy Roman Empire, where he was brought to trial and where he was a knight
Rebellion , violence used to put it down; he used too much violence according to the allegation
Charges with a War Crime
“ Following Orders “ Defense
Found guilty , beheaded, was a capital offense
-First Recorded War Crimes Trial
Rejection of Superior Orders Defense |
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Term
| 1st Recorded Rejection of Superior Orders Defense |
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Definition
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Term
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Definition
Commander --> Gives Orders --> Orders carried out by individual soldiers --> Those soldiers then assume individual responsibility
if their actions violate ILOAC, they have committed a war crime
reconfirmed at Niremberg |
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Term
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Definition
Deals with Statue of Limitations Expiration
French Functionary during WW2
Deported Jews to Camps
collaborator, french under German occupation
1998 prosecuted in French Court, found guilty
**no statute of limitations on war crimes
10 year sentence |
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Term
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Definition
After the war, named Head of Parisian Police ( Maurice Papon)
Many of the collaborators, reinvented themselves as libarators
Algerian Riots led to massacre
October 17th 1961, called the Paris Massacre of 1961
they were protesting |
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Term
| The Logic of Delayed Prosecution With Milsovich |
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Definition
Milosivich
1992 War Criminal with onset of Slovenia, Croatia, and Bosnia
Sealed ICTY Indictment
Not publically charged because he was NEEDED to speak for the Serbs of Bosnia, we needed to see him in Geneva in order to negotiate
Negotiations to End Bosnia War
if was indicted publically, he woudl not travel
in 1999 No Longer Useful, the indictment was unsealed and Prosecution |
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Term
| Both defenses on lower level that don't work |
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Definition
Obedience to Domestic Law
Immunities |
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Term
| Decline of Immunity for War Crimes |
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Definition
in 1900 , immunities very high
by 1945, they have declined ( “ if we dont like you, you don’t have immunity” no principal across the board) at some point here leaders have not immunity
1998, Rome Convention , treaty of the ICC |
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Term
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Definition
Mistake of Fact
“ I didn’t realize I was killing non combatants”
ex in 1999, bombing chinese embassy in Yugoslavia
Mistake of Law
i.e have a milk factory, a solider goes in after a lawyer tells him it is a legal target; this is not following orders, it is legal advice from a lawyer, but if told it is a military use and then turns out to be a milk factory can use this defense
acting under a legal definition that advised to me that , that was a legitimate target
Duress
person enourmous strain, pyschologial impact of warfare
Insanity
the action tends to define the insanity or sanity of the person
Intoxication
also includes medicine
-Lawful Self Defense |
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Term
| Child Soldiers as a War Crime |
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Definition
Convention on the Rights of the Child (CRC) 1990
international treaty with 194 parties, only the US sudan and Somalia not signed
First Protocal 1990 - establishes a minimum age at 18 years |
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Term
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Definition
240,000 Children
Messengers- and very effective
Bodyguards
Soldiers
Sex Slaves
Africa, Asia, Latin America |
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Term
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Definition
240,000 Children
Messengers- and very effective
Bodyguards
Soldiers
Sex Slaves
Africa, Asia, Latin America |
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Term
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Definition
240,000 Children
Messengers- and very effective
Bodyguards
Soldiers
Sex Slaves
Africa, Asia, Latin America |
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Term
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Definition
Thomas L - comes from Democratic Republic of the Congo
2006 Indictment( by ICC in Hague) and Arrest by a regional Gov.
2009 Trial Commenced
2012, conviction , 1st of the ICC conviction
conviction for the use of child soldiers
he tried to say he didn’t know about it
sentence to be determined |
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Term
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Definition
Laws of War and Laws of Peace are distinct
Crimes againist humanity fall under laws of war
ICTY made a ruling in 1990s that crimes againist humanity can happen during peace time
CRC is a peace time document, but theIcc, Protocol 1 says it goes into the laws of war |
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Term
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Definition
Individual action againist a group
If it is part of a pattern of destructve behavior
Genocide
Ethnic Cleansing
Rape
Peacetime or Wartime it can happen
i.e The holocaust |
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Term
| Crimes Againist the Peace |
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Definition
War of Aggression
Includes also the planning, Ordering, and directing |
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Term
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Definition
| Before war happens, crimes againist the peace happen, During the war there can be warcrimes and crimes against humanity, but they can happen after as well |
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Term
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Definition
Soldiers in the field
these are the ones who in large are accused of committing war crimes
Field Commanders -- crimes aginist humanity ( but also could be soldiers) usually field commanders though
Political LEaders are more likely to face crimes aginist peace charges |
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Term
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Definition
German President WW2
Unrestricted submarine warfare was the carge
10 years sentence
War Crime |
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Term
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Definition
Japanese Prime Minister WW2
7 counts of war crimes, sentenced to death |
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Term
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Definition
Japanese Prime Minister WW2
War Crime
SEntenced to Life |
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Term
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Definition
Yogoslav President
Numerous counts of War Crimes
Died |
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Term
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Definition
Liberian President ( and Prince)
Numerous counts of War Crimes
Pending, wanted to use domestic courts applying int. law, but they could not do this in house , so he had to go to the Hague |
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Term
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Definition
Bosnian Serb President
-Numerous counts of war crimes
Pending |
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Term
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Definition
Libyan president
Charges for Crimes agianist humanity
dead |
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Term
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Definition
Sudanese President
Crimes againist Humanity
In Power |
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Term
| Requirements for a Prosecution |
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Definition
Binding Law - can be domestic law, Hague or Geneva law or any of those treaites
Jurisdiction ( a court that has)
Material Fact
Possession of the perpatrator |
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Term
| Post-War Obstacles to Prosecution |
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Definition
Confusion due to destruction
WW2, 55 million dead
Millions displaced
Detention facitlies established but they are make shift
Criminals and victims housed together
many slip through and get away |
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Term
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Definition
Joseph Mengele
Nazi MD assigned to Auschwitz
Human expieriments on children, so he can mass produce the arian race
1945 war over, captured
relased by mistake, when to argentina
1979, we think he is dead because a body washed up on beach
in 2000, DNA was used to confirm it was him
Experimentation on Twins -- 3,000 sets experimented on , 100 survived |
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Term
| Post War Obstacles to Prosecution |
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Definition
Confusion due to destruction ( joseph Stalin
War Criminals Remain in Power
Selective Interest by Victors
Evasive Tactis by war criminals
Asylum Offered by a third party |
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Term
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Definition
Given residence in Holland
lived a long healthy life |
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Term
| Evasion Tactics of Peretrators |
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Definition
Run and Hide
Reintegration into Society
Flee to a 3rd party, maybe they are unkowning
Assimilation with victors |
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Term
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Definition
-Gadafhi
went into a tunnel
saddam too |
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Term
| Reintegration into Home Society |
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Definition
hiding while staying put
People in posititions of power
able to erase records
go back to work
quietly reintegrated |
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Term
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Definition
German , WW2 Lawyer, coined the phrase “ inferior beings”
Autho of Killing inferior beings
Minister of Justive until 1978 |
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Term
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Definition
| walked around normal in a disguise |
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Term
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Definition
Austrian Nazi Parrty
Became a member of the Nazi SS
Seved at Dachau: Jewish Sector 1942
Lead role in deporting people to camps ( an abuse)
found his documents about holocaust
1945, arrested
went to internment camp, disappeared
he used the Catholic Church to get away
escaped internment
went from monastary to monastery, found himself travel documents and went o Argentina
Houes on Garibaldi Street, abducted, shipped out and on way to presecution
Trial in Israael 1960
announcment of capture when he is out of argentina |
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Term
| US Displaced Persons act of 1948 |
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Definition
we were just opened up to west coast, we needed people
Allowed victims to relocate
10,000 Nazis to America |
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Term
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Definition
Ukrainian soldier
Captured by Germans on the field, when war was over he was reloacted to the US under the 1948 legislation
Cleavland Auto Worker
in 1975, KGB Turned over list of Nazis
Joined Nazi SS
Worked at Treblinka concentration camp
Ivan the terrible
1976 -- US alerted Israel
1977-- Denaturalization Begins
1985- US Citizenship Revoked
1985- Extradition to Israel
Prosecutuion Begins
-Verdict, Guilty, Death Dentence, Appeal, judge has a heart atatack in 1976
-At the end of the cold war, there is a Soviet admission that the list was fake.
-KGB had lied, and the justice dept. knew it all along
Isrealis release him, returned to the US and regained citizenship in Ohio |
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Term
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Definition
-2001, charged with war crimes
2002 us stripped him of citizenshio
2009 extradited to Germany
5 year sentence, 27900 counts of murder
guilty |
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Term
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Definition
World Crimes prosecutions from WW2
London Charter 1945 |
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Term
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Definition
legal basis
Rules and Procedures for Prosecutions
International Military Tribunal
The Charter produced the IMT
Located in Nuremberg and Tokyo
Who prosecutes was already written |
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Term
| IMT Principles of Procedues |
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Definition
No Jury , Panel of Judges
All Proof at the beginning -- had to be presented
Hearsay is Allowed
No Right of Appeal |
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Term
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Definition
Britain -- > Crimes againist peace
investigation and prosecution
USSR and France had to work together and share burden of War Crimes and Crimes againist humanity
most people at time said we needed to keep an eye on the Russians
-USA - toughest of all --- consiparacy before war |
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Term
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Definition
something that had never been legally defined
USA -- standard definition
USSR-- Defined in terms of Axis States -- in reference to Nazi behavor. they have to be included in the definition; then only the germans could be prosecuted for acts in WW2
Result -- No definition arrived at |
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Term
| Principal Participants IMT |
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Definition
Prosecutors - bring charges, provide evidence, and confince judges that criminal act and intent was present
Judges- determine verdict and sentence
Defendants- those charged |
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Term
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Definition
Cheif Prosecutors -- USA, USSR, France , UK
they would offer someone
add to that a host of associate prosecutors
US Chief Justive Robert Jackson
nomiated and accepted
Ralph Albrecht - assosciate ( US) |
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Term
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Definition
| Cheif French Prosecutor Menthon |
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Term
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Definition
sole surviving prosecutor IMT
Harvard Law |
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Term
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Definition
-Primary Judges
these are the ones who if unless they are ill, they are the 4 to hear all of the cases and render all of the judgements and determine sentences ( USA, USSA, FRAnce, UK)
also then each country will have one alternate judge
-American Judge Francis Biddle |
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Term
| Soviets: Guilty As Charged |
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Definition
| “ We are dealing here with the cheif war criminals who have already been convicted and whose conviction has been alwared announced by both the Moscow and Crimea (YALTA) declarations by the heads of the allied gov... etc. |
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Term
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Definition
Translation Backlog
vast majoirty of translation would be in German so who do you trust among the Germans?
No Cheif Prosecutor
Unity of Defendants
Katyn Massacre -- just would not go away
Missing Key Defendants -- did not have them in their possession |
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Term
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Definition
1940, begininng of WW@, 22k Poles Murdered
Soviet Secret Police is where all the evidence pointed
Soviets blamed the Nazis |
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Term
| Defendants not present IMT |
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Definition
Those who escaped ( Adolf Eichmann, the angel of death, etc)
Those who committed Sucide - Himler, Hitler, etc.
did not have the headliners |
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Term
| Delegation of 4 Powers Inspect City |
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Definition
Landing in Nuremberg
Nuremberg chosen because the Peace Palace was largely intact, and the city is the ceremonial birthplace of the Nazi gov. |
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Term
Nuremberg Trials in Phases
Phase 2 |
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Definition
| Focused on Individual Criminals |
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Term
Nuremberg Trials in Phases
-Round 1 |
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Definition
| Criminality of the Nazi Regime |
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Term
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Definition
round 1
only 22 germans prosecuted
Department heads, political, military,civilians
truly the “movers and the shakers”
principally the cheif prosecuters were responsible here
Round 1 results : 3 aquitted, 12 death by hanging - within 14 days, and the rest 8 got 10 yrs to life in prision
round 2
177 Germans
Lower Ranks, members of the SS, Gestapo, The Civil Servants, pychisicans
accountable as individuals
end of super power negotiation |
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Term
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Definition
Military Officer
Commander of Air Force
1941: Designated Successorr -- to Adolf Hitler
1942 : Retired before that opportunity
Found Guilty, during round 1
Death sentence
Georing Committed Suicide before Death Sentence |
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Term
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Definition
close to Hitler
Political figure
Nazi Party Deputy
When hitler invaded USSR, operation barbarosa, Flew Solo to Scotland in 1941, thats when he got out
Told the Brits he is out
Held as detainee until Nuremburg
said its a physcholigical case, but nuremburg did not agree, had life in prision at Spandau Prison
He outlived all of the others, he was the only one there
died in 1987, there for over 4 decades
2011 Grave Dismantled, moved him to parts unknown because people kept having marches and celebrations where he rest |
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Term
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Definition
Architect
Minister of armaments - over how to allocate resources
Took responsibility in memoirs
Life Sentence IMT
where he wrote a few different books |
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Term
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Definition
of the far east
Judges from 11 states
in japan, came from the victims side which included the victors but others as well
28 political and military leaders tried-- class A
5,700 tried in Class B&C
Emperor and Prince not Prosecuted -- political decision with legal ramifications
Results : Death sentence for 7/28
life for majority of them, and shorter sentences for 2 others
3 died during trial |
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Term
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Definition
Imperial Army General
PM During Pearl Harbor
hanged
IMT Tokyo |
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Term
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Definition
Imperial Army General
PM During Pearl Harbor
hanged
IMT Tokyo |
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Term
| Tokyo in the Shadow of Nuremberg |
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Definition
-Less Atention, Started later, no treaty to establish the court
Court Martial, dragged on for 2+ years, dominated by Macarther |
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Term
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Definition
Controlled Committee that Investigated Crimes
Selected list of criminals
Post ruling powers
Redcued sentences, grant clemencys
can release convited criminals and release on parole
hes thinking about the future when he wants to be next us pres.
gets fired by truman in 52’ |
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Term
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Definition
classic example of MacArthurs influence
most reference jap name relating to trials
Japanese General in the Philippines
Had not ordered Jap War Crimes
Was not aware of crimes
Less than 1 month before MacArthur
MacArthur OrderedTrial, guilty and ordered to Death |
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Term
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Definition
Commanders ---> Orders go down --? those on ground have individual responsibility by the 1474 Van Hagenbach Trial
Nuremberg re-established this principal but now we are saying that the commander is responsible for actions of soliders
Command responsibility
Yamashita Principle - commander responsible for behavior, even absent a clear order to do soemthing
which is why his name is the most referenced
Tokyo ruled that i doesnt matter, you command responsibility for your behavior
individuals following unlawful orders are war criminals and that commanders that do not prop. restrain forces are ground are also war criminals |
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Term
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Definition
Subsequent Nuremberg Trials
Dachau Trials
in far east was the Nanking Trials |
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Term
| Comparision of War Crimes Trials |
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Definition
Nuremberg 1945 -1946, international,
Subsequent Trials - 1946-1949, American
both took place at palace of Justice of Nuremberg
Both German War criminals from 2nd ww |
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Term
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Definition
23 medical doctors
german in medical field accused of war crimes
accused of human experimentation
16 found guilty, incleading Karl Brand who was Hitler’s Physsician |
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Term
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Definition
16 German Jurists and Lawyers
Implementing Racial Purity Laws
10 found guilty, 4 life sentences
defined as this was one of 12 of the subsequent nuremberg trial, this one involved those members of the legal profession and found guilty of implementing racial purity laws. |
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Term
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Definition
12 German Generals
Taking Balkan Civilian Hostages-- prosecuted for this
8 found guilty
7 years to life were the sentences |
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Term
| The Dachau Trials 1945-1948 |
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Definition
Held at the Most Famous German Concentration Camp
US Military Trials
1,672 Defendants
1,416 Guilty
297 Death sentences |
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Term
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Definition
| home of the spinoff trial of Nuremberg of Far East |
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Term
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Definition
not prosecuted at Tokyo but seperately
started on Nov. 13th ( the massacre)
Former Capital Fell --> 6 weeks of destruction
including private homes, villages. forests, etc.
300,000 killed
Prince Asaka, but because granted amnesty could not be prosecuted |
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Term
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Definition
-1946
Chinese Military Trials
4 japanese army officers prosecuted, all found guilty and given death penalty
1 of 13 tribunals ( military Chinese) |
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Term
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Definition
Established a clear legal foundation for war trials
Was a victors’ tribunal
Geopolitics Were Central
No Cold War Follow-up |
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Term
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Definition
The Nuremberg Precendent
ICTY on top of that ans well as the ICTR ( rwandan tribunal)
Rome Statute, created by and international treaty |
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Term
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Definition
Basis for War crime Prosecution
the Nuremberg Precedent
US Leadership (Globally) as the dominant power in the world , US interest in prosecuting war criminals can go a long way
The United Nations
Human Rights |
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Term
| The Lack of Cold War Prosecutions |
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Definition
Cold War Priorities - the US and SU engaged in the global strategic stuggle with many different dimensions, and they simply did not want to hold their allies accountable for actions in the field.
Realpolitik Mindset- tells us that some things are important but some things are very important
Superpower Complicity - with the violations of LOAC
War Criminals Were our Allies
Non-Traditional Wars - complicating factor; more so civil, colonial wars, often becoming internationalized with US or third party intervention |
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Term
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Definition
General sense on the Ally side that what we learned in WW2 was that there was clear and obvious evil in the world exemplified by the Nazi regime
Counter, is that there is good in the world which are the allies
the behavior on the good side should be overlooked |
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Term
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Definition
Born in 1920 in Romania
Enfant ---> NY
Attended Harvard Law
upon graduation in 1943, in the Normandy invasion
Stuck around after , as a chief prosecuter at Nuremberg
Represented the Death Camp survivors ( that was his job) |
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Term
| 2005 Washington Post Interview With Benjamin Ferencz |
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Definition
knew that the remaining were dying off and he was only one left so wanted to talk to him
Investigation of High-Level Nazis
No evidence of US torture -- he was presented with this idea
What was a suprise on how they treated the low level nazis
He is very open about his experience
He said not only did he see these unacceptable acts and even said he participated in them in orer to get testimony, not realizing it wouldn’t stand in court |
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Term
| US War Crimes Allegations and Cases |
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Definition
Dresden Bombing
Tokyo Bombing
Biscari Massacre
Dachau Massacre |
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Term
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Definition
Dresden is Eastern Section ,In a region called Saxony and A residence of Kings
Feb. 13-15 1945
very late in WW2
1300 Heavy Bombers : US and British
3,900 tons of bombs
Dual-Use Assets and Non-Military Assets were targeted ; EVERYTHING targeted
Largely non-military city
Justification was that they were breaking the fighting spirit of the Germans so that they would understand everyday they fight, the more lives of their loved ones lost
25,000 people killed, virtually all civilians
one of the most criticized bombing of WW2 from Ally side |
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Term
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Definition
1942-1945
Not a one time event, in Pacific
Long term bombing campaign that led to Hiroshima
Incendiary Bombs
Wooden Structures targeted
24000 Deaths
280,000 homes and buildings destroyed
1 million made homeless
intentional targeting of civilians to raise the cost of the war with Japan |
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Term
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Definition
Italy 1943, US Soldiers
Killed 71 Unarmed German and Italian POW’s
protected persons under the Geneva Convention
They had surrendered
Omar Bradley reported to George Patton, whom was his commander
Bradley said to Patton that case of “ Cold Blooded Murder” times 71, clear violation of military code, US domestic law, and prevailing IL
Reponse by Patton -- Ordered to Cover it up
he knew it would cause major problems for US soldiers
Bradley did not respect Patton’s insights
Two prosecutions, one aquitted and one found guilty |
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Term
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Definition
April 25, 1945, US soldiers approached
Upon Approaching Dachau -- 8 roofless boxcars just filled with bodies
German Forces Surrendered
Killed 520 Germans
US Freed and Armed Prisoners
Killed another 2 to 4 dozen people |
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Term
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Definition
June 1945 Report
Company Commander shot 4 surrendering Germans in a boxcar
One did not die, so US Soldier Delivered a Coupe de Grace -- a fatal death blow
Dismissed all charges by Eisenhower |
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Term
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Definition
Customary Principles, then add to that Hague and Geneva
Hague and Geneva used for the prosecution in Nuremberg and Tokyo Trials
After Nuremberg, Geneva 1949, bridge Hague and Geneva in effect, and give more specificity and being comprehensive
Then Geneva 1977, had to work through some problems in 49’ , 77’ extends LOAC into the realm of non traditional war
Rome Convention 2002 it entered into force
statue did not solely create the court, it also made a number of statements about ILOAC, it extended the Geneva conventions of 49’ and 77’ |
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Term
| Post WW2 Advances in Protections |
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Definition
-Women - always have been protected in LOAC, no reference in the LOAC of women having certain rights that men do not; however this issue may need to be addressed in future as women become more involved in armed conflict
Children - convention of the rights of the child
Hors de Combat
These 3 you see the greatest advancement that Rome re-articulated for |
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Term
|
Definition
Non-combatants
Now combatants because beginning to populate militaries around the world
Rome -- Sexual violence as a war crime |
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Term
|
Definition
-Prohibition on Abuse and Explotation
No recruitment before the age of 15
CRC (1990) minimum age of 18 established |
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Term
| Norman 2003 SL( Sierra Leone) Special Court |
|
Definition
Onset of the case
Former Interior Minister
Deformed innocent
Indicted for War Crimes in 2003 , for a number of different things
leader of a rebel group, faught for the gov. againist the rebels that were cutting up the children
charge againist him was the fact of the use of young children
Ruling: By 1996 ( when his behavior occured of recruiting children into military) Age 15 for recruitment had crystalized as customary international law
He died in 2007 before verdict |
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Term
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Definition
| People who are captured or surrendering , wounded or incapacitated |
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Term
|
Definition
Korea ;Non Gun Ri -- advancement of this place ; and investigation occured because of this happening almost 50 years later
Vietnam; My Lai; Prosectuion ( 2 of them)
Panama; Panama City; No action taken |
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Term
|
Definition
Village in Central South Korea
June 1950 = invasion, North Korea Overran the area
US responded , asking for permission from UN to go to war in behalf of South Korea
Launched , Landed at Inchon ( south of dividing line) to liberate ROK behind enemy lines |
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Term
|
Definition
September 15th
75,000 troops involved with over 261 Naval Vessels
Turned the Tide of the War
tactical suprise, surrendered in a very large #
liberation of South Korea is underway |
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Term
| No Gun Ri Massacre (1950) |
|
Definition
June 1950 the Korean war began with the DPRK Invasion
In September = battle of Inchon
but in between the two, in July, there is a massacre = No Gun Ri Massacre
No Gun Ri: Caught in the Crosshairs
Hostile North Korean Territory ( a lot of South koreans in control of north)
Then there is US controlled territory with in between these two territoires is the Military line
Refugees running from North Koreans and approaching the Military line which is when the killing started
July 26th 1950, Refugees approach the line
US feared they were NK infiltrators in disguise
Opened Fire
Machine Guns while children were crying
400 killed |
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Term
| Discovering the Massacre at No Gun Rhi |
|
Definition
New York Times broke the story 1999 story
Based on a First Hand account ( the reference wasn’t until the 56th paragraph?!)
As a result of this story, the US army investigated
Said that the account was innacurrate because that soldier was never there and they could prove it, and then he admitted he wasn’t there
The reporters said there was a reason that the 1st hand account was in paragraph was not central
Lowered the deaths down to 40 ?
There is a book about No Gun Ri by the reporter himself
Statement of Regret
issued by Bill Clinton |
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Term
|
Definition
French Colonial War
US War ( begins in the 1950’s)
We don’t consider it a US war until 1964 - 1973
Over 3 Million civilians killed in the war
58,000 killed plus the US ( combatants)
Tiger Force -- Operation Pheonix -- Use of Agent Ornage -- Use of Napalm -- Air Burst bombs -- My Lai
all have war crimes violations |
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Term
|
Definition
Task force of the US Army ( has a specific job)
45 Paratroopers -- must be able to survive on own
task was to “ out guerilla the guerillas”
October 2003, Toledo Blade -- newspaper
Ran a story about operation Tiger force with extensive interviews
serious allegations of war crimes
allegation that there was a 7 month rampage of human destruction
US Army Investigation of Tiger Force
1971- 1975 -- Report Title : Coy Allegation
Soldiers Testified that war crimes were committed
Ears and scalps the enemy
people were wearing neckalces of ear cartlidge
Crimes occured and made known that 18 people should be charged, but no action taken |
|
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Term
|
Definition
1967-1972
US Army , also organized by CIA and ARVN ( Army of the Republic of Vietnam)
Called Counter-Insurgency
trying to counter the insurgents , undermine their ability to recruit, finance, move, and operate; this is a very broad program
Nuetralized 80,000+ Insurgents, killed about 26,000 roughly
From a military point of view , the Pheonix program was an enourmous success and one of the problems it being that it was too successful.
because of this, it was hard to negotiate end to war |
|
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Term
| Pheonix Program Allegations |
|
Definition
Torture of Civilians
Starvation and a Brain tap -- put something in one ear and tap and dont stop until hits the other side
Extra-judicial killings
False Reporting -- happened a great deal , the south vietmanese would give a list of what they believed were north , and we would kill them and we would find that many on the list were falsely reported and were just south koreans in opposistion. |
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Term
|
Definition
1961-1971
Herbicidal Warfare - aganist environment
chemical
US Sprayed 20 Million Gallons
used to Uncover the enemy
and to force urbanization ( if you destroy crops)
then could not supply the vietcong
across southeast Asia
foliage is easy to hide in there |
|
|
Term
| Agent Orange: US Casualties |
|
Definition
a lot of protests as the ramifications were happening
soldiers had high rash and chemicals
Medical Studies undertaken to look at the impact
studies found:
higher instance of cancer of vietnam vets
Nerve disorders
Digestive Disorders
Skin Diesease
40,000 disability claims
only 486 of 40,000 compensated because it was hard to make the linkage |
|
|
Term
| Agent Orange US Vets ( 1984) |
|
Definition
Class Action Law Suit -- DOW
againist more than 12 chemical makers
largest class action suit in history
settled outside of court
settlement for 180 million $$
divided by all the plantiffs, Totally disabled : 12 K, widowed was 3700 , paid out over 10 years |
|
|
Term
| Agent Orange Vietnamese Casualties |
|
Definition
Vietnam’s Esitmate, 400,000 killed or maimed
500,000 children suffered from birth defects
4.8 million people exposed |
|
|
Term
| Agent Orange Victims (2005) |
|
Definition
Class Action Law Suit
On Behalf of Vietnamese Victims
Againist Dozens of US firms -- including DOW
US Judge dismissed the case
his rendering that Agent Orange was not a violation of International war because it wasn’t a chemical weapon, but a herbicidal so was not illegal
Plantiffs appealed, appeals court agreed with the dismissal
Then the S.C refused to hear the case
basically saying there is nothing unconstitutional about the hearing at the lower court level |
|
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Term
|
Definition
US uses in vietnam as well
using gasoline mixed with a jelling agent which leads to an incendiary weapon
Multiple Targets
Effects on people -- severe burns, asphyxiation, death
According to prevailing IL -- it is illegal if used to non-combatants
rockets filled with naplam |
|
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Term
|
Definition
Used in Vietnam as well
CBU-55 - air burst bomb used in armed conflict in 1960’s early 1970’s
750 lb bomb, fueled by propane
used once : April 1975
4 acre fireball
Oxygen Depletion ( the aim of the weapon)
Killed 25 soldiers |
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Term
|
Definition
modern version of air burst bombs
35 times larger than CBU-55
21,000 lbs
Massive Ordinance Air Burst Bomb
“ Mother of all bombs” -- can say this on test |
|
|
Term
|
Definition
father of all bombs
another modern air burst
Russian bomb, 4 times bigger than MOAB
considered at the time to be the most destructive non nuclear bomb |
|
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Term
|
Definition
most attention
Small village suspected of harboring the Vietcong
Charlie Company was hired and went in to clear out the hostiles
Problem was that Charlie Company landed and couldn’t find anything
Assumption was that the vietcong wouldn’t be in the field, they would only be in or out of the village
thought this would be a hot zone
Didnt find any evidence that the vietcong was using My Lai as a base of operation
The peasents would talk about any info so started shooting the people |
|
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Term
|
Definition
“ fierce fire fight”
128 vietcong killed
legal kills
22 civilians killed in the crossfire
The General in charge praised the company after recieving the report , and tells pentagon the wonderful news
the realization was 500 bodies were killed in My Lai |
|
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Term
|
Definition
came across the massacre as it was occuring
saw soldiers shooting into a trench of women and childre, told soldiers to stop and then a soldier threw a hand grenade in the trench
Letters written, the medals were called into question
there was an investigation
a private lawsuit filed in Arizona |
|
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Term
|
Definition
when one changes everything about what just happened
became clear there was one
Colin Powell was largely credited for the white washing
Military investigated |
|
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Term
|
Definition
The Plain dealer broke the story nationally
with picture of bodies in south vietnam
investigative reporting and the country was shocked |
|
|
Term
| My Lai Trial: Ernest Medina (1970) |
|
Definition
One of two cases
f.d bailey was his attorney
Captain
charge was command responsibility
alleged to give a speech the night before that was overly incindieary
Called the Medina Standard - the threshold between command responsibility and no command responsibility
aquitted of the charges, ultimately the judges decided he was not in sufficient responsibility mode and the conenction was too weak |
|
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Term
|
Definition
reach a certain level of control and responsbility before your actions are criminal
the threshold between command responsibility and no command responsibility |
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Term
|
Definition
Yamashita Principle - he was tried by victors
Medina Standard - reach a certain level of control and responsbility before your actions are criminal; he was tried at home
Problem we have in applying command responsibilities in these two cases is that the Yamashita case was profoundly weak because the evidence said opposite and yet he was found guilty when the evidence for medina was very strong and he was aquitted.
medina- how your undermine LOACS |
|
|
Term
| My Lai Trial: William Calley (1971) |
|
Definition
Lieutenant on The Ground ( his own actions to be accountable for)
Charged with killing 104 civilians
Guilty of murder of 22 people
Sentence was Life in prision hard labor
President Nixon released him almost immedietely and made his sentence house arrest |
|
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Term
|
Definition
504 Cilivilans dead
26 US Peronnel Charged
1 convicted |
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Term
| Public Reaction to the Calley Verdict |
|
Definition
National Announcement
Jimmy Carter told everyone in state to drive around with headlights on in support of Calley
In Indiana, flags at half mast in honor of him
White house recieved : 5000 telegrams, 100:1 in favor for Calley |
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Term
| Public Opinion ( American) : Vietnam War |
|
Definition
| verdict guilty and then for the first time we were below 50% of Americans going to turn againist the war |
|
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Term
|
Definition
very end of Cold war , december 1989, US Invasion
Operation Just Cause
US Invasion of Panama - under SR. Pres. Bush
Target was the President of Panama ( Noreiga )
Strategy : We already had forces in theatre already and then also so close to US |
|
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Term
|
Definition
transported out of country, prosecuted and jailed here in FL
at first he got away to the Vatican mission in Panama City
So we played really loud rock music 24 hrs a dday and they finally gave him up |
|
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Term
| Reasons for the Panama Invasion |
|
Definition
Panamanian Assault of US Personnel ( female member of Navy)
Drug Trafficking ( self defense we said )
Peronalities
All not legal and violations of jus ad bellum |
|
|
Term
| International Response To the Panama Invasion |
|
Definition
To the Invasion of US into Panama
OAS met on December 22nd ( 2 days after) and Deplored Incasion
Did Condem playing the rock Music at the embassy
also violated jus ad bello by landing in civilian centers -- us defense = military neccessity
The UN met December 29th, 75-20-40 Vote , but with outright majority
Condemn as Ilegal ( of the Invasion by the US)
The Security Council had a Resolution Debated but vetoed by UK, France, and USA
the argument they made was the US was acting in Self-Defense with 35,000 Americans in Panama that were in danger |
|
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Term
|
Definition
El Chorrillo -- the landing place
Poor working class
2K- 6K killed
in the US landing in the initial intervention |
|
|
Term
| El Chorillo: Legal Principles |
|
Definition
Distinction
Proportionality
Military Neccesity |
|
|
Term
| Other Cold War Case Studies |
|
Definition
Iraq War, 1980 ‘
-THe PResident and dictator of Uganda
Argentinian Dirty Wars
Pinochet - of chili
The Massacre of Cambodia in 1975-1979
East Timor Case 1975 with Indonesia |
|
|
Term
| East Timor Case 1975 with Indonesia |
|
Definition
intervened in East Timor and it began a quarter of a century of massacre and genocide
as a result of Indonesian absorption of the parts of the island
roughly a quarter of the population died |
|
|
Term
|
Definition
came to power in 1973
there was a coup on the Presidential palace |
|
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Term
|
Definition
disapeerence of a # of people who were out protesting their sons disapeering
torture houses, death houses, etc. |
|
|
Term
| -THe PResident and dictator of Uganda |
|
Definition
racist who decided by fiat that it was time to kill all of the asian
his advisor even said they were the backbone of their economic class and yet he went ahead and killed them being a classic instance of genocide |
|
|
Term
|
Definition
obvious aggressor was Iraq
Iraq was never categorized as such
take more than a million lives
here was every violation possible of jus ad bellum pricinples |
|
|
Term
| 20th Century Prosecutions |
|
Definition
End of WW1 - first time to preosecute those for their behavior
the ones after WW1 is significant because they really provided the basis
With the 2nd world war there is enourmous interest in prosecution in 1940’s
In 1960’s-- cold war -- we now have turned the corner and resserected the laws of armed conflict, political interest doesnt exist to prosecute
1980’s many massacres relating to warfare, extremely modest interest in prosecuting
Currently, the graph of prosecution goes through the roof; many of it is our generation who have never experienced a war |
|
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Term
|
Definition
1999 , Kosovo is distinct because it is not a republic of yugoslavia
It’s constitutional right to break free doesnt have the same privledges as a republic
the conflict was brewing in 1990
predominantley albanian muslim - 90% is pretty much muslim of albainian descent
Tito had given a lot of autonomy to the people of Kosovo
all of this taken away by milsivich
1999- gov. crackdown, begin to target individuals
war often attributed to failed diplomacy efforts
77 Day - NATO |
|
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Term
|
Definition
france, “ hunting ground of the kings”
trying to find a way for kosovo to remain part of Serbia but for Kosovo to hold the autonomy that was taken away
massive refugee flows
10 NATO countries participated in the 11 week bombing |
|
|
Term
|
Definition
a lot of thinking that montenegro would break free
Serbia is going to be bombed at pin-prick strikes, draws blood but not going to kill you to get the attention of belgrade
thinking was milosovich was , if we bombed random places it would blow enough smoke to get them scared and have them give Kosovo autonomy
Milosovich severed relations with the US signaling he is in it till the death
showing there is no settling in kosovo crisis
almost quickly after his sealed inditement, it becomes unsealed infront of the whole world so now no one can talk to him
bombs then became bigger in size, dual use assets were bombed
10 weeks, we were running out of bombs and running very low
-will get their autonomy but not only NATO troops., the russians had to be there to ensure it does not become springboard for kosovo independance
us agreed, said we were all going to meet at the same time, and at the same time the Russians got there early |
|
|
Term
| Global Response to Yugoslavia’s Wars |
|
Definition
Diplomacy - consistenly pleading with serbia for the world to end, inviting the leadership of milosivich to come to Geneva for negotiations
this can either be and instrument for resolving disputes
or it can also be a tactic, delay tactic
Sanctions - Serbia was viewed as the instigator and the culprit
therefore the economic sanctions were directed towards them
these were significant, the Yugoslav currency were basically useless
United Nations Peacekeeping
UNPROFOR - intitally seperated
all of these efforts failed and failed miserabley
as a result something had to be done
american posistion was “ lift and strike” lets lift the arms embargo, and strike the serbs; balance of power would be end to the war
as a result of all of these failed, there was a deep divide among the GP’s
a Criminal Tribunal was created - THE ICTY
a way of saying that we were doing something |
|
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Term
|
Definition
established by the UN Security Council in 1993 in response to Yugoslavia’s wars
borad participation
can the SC do this? create a tribunal of jurisdictional powers over territory
headquarted in the Hague
Indictment through 2004
Trials through 2012
Appeals completed by 2014, hope to |
|
|
Term
| ICTY Jurisdictional Scope |
|
Definition
January 1, 1991 - End of war
temporal jurisdiction from this until the end of war
Limited to the Territory of Former Yugoslavia
Limit indictments, charges, and prosecutions to serious war crimes
crimes againist humanity, genocide, etc. |
|
|
Term
|
Definition
1993-1997 : Just getting started, there was a lot to do , hire, establish rules and procedures
1997-2003 : the Most Effective period
2003-Present - Winding down process |
|
|
Term
Stage 1: 1993-1997
OF ICTY |
|
Definition
Sixty Indictments -- lots of evidence of wrong doing and serious war crimes - eight in custody
war- on going
focus during this time was to identify the bad guys
Lack of Money, the ICTY was not funded
Sealed Indictments of Top-level suspects
we couldnt’ see this because it was sealed |
|
|
Term
Transistioning Out of Stage 1
of ICTY |
|
Definition
War Ongoing -- with UN PKO , and suspects being leaders of countries or movements
moving out of this time
the war ends in Dec. of 95’
the UN PKO replaced by NATO forces
the former suspects becoming Indictees banned ( from public office) |
|
|
Term
| How the War in Bosnia Ended |
|
Definition
US Bombardment
July 1995
paired with the Bosnian- Croat alliance ( bosnian muslims...which is assumed)
these leave to a near perfect balance of power |
|
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Term
|
Definition
Dayton Ohio where the plans landed and took off from
negotiations took place |
|
|
Term
| International Restraints in Place |
|
Definition
One Bosnian State was demanded at Dayton
Unified Sarajevo
60K NATO Troops, arrived in dec. in 95
Indictees Banned -- from holding public office
these 4 written in the treatee
Aid tied to election results ( added after the 4 put in Dayton)
EU/NATO Membership |
|
|
Term
Stage 2: 1997-2003
of ICTY |
|
Definition
New Cheif Prosecutor
strikes fear, she is ambitious agressive, competent, professional -- Carla del Ponte
there was sense in NATO that things should not be shaken up, so there wasnt door kicking or anything early until Carla went in
New Western Leaders
Death of Tudjman - Pres. of Croatia
2000 indictments were at 97
35 in Custody
2001: Milosivich..big fish.. presented to the ICTY |
|
|
Term
|
Definition
Kosovo War -- Carla del Ponte Statement started stage 3 ; saying her jurisdiction extends to NATO pilots
basically saying she can prosecute american pilots
-her statement led to a new US posistion on the accord
Need for a New Cheif Prosecutor
Sunset for ICTY Operations |
|
|
Term
Implications of Stage 3 Sunset
ICTY |
|
Definition
-Limited Time ---> ICTY Willingness to Take Pleas
we no longer have the luxury of prosecution one at a time
because of the need to take pleas, increased in walk ins for indictment
light sentences given |
|
|
Term
|
Definition
Serbian General Indicted in 1998
Genocide , Crimes againist humanity, war crimes
Guilty, 46 years, appealed, went down to 35 yrs |
|
|
Term
| Popovic et. al (2010) ICTY |
|
Definition
Seven Serb Generals and Polic
Srebrenica Genocide
all guilty 5 years to life base on complicenty |
|
|
Term
|
Definition
President : 1989- 2000
Ended in 2006 because of his death
Sealed Indictment
1999: Unsealed Indictment because he was not of anymore use to us
In custody in Hague for about a year |
|
|
Term
|
Definition
-2000: Early Elections
Milosevic Lost ...extremely overwhelmingly
Serb Army Abandoned him
Own Political Part then turned him over in hope that the sanctions would end and things would go back to normal
Transfered to the ICTY by his own people
Pressure to Extradite
the new pres. was againist the extradition of Milosivich
said it was a violation of our sovereignity |
|
|
Term
|
Definition
2002 Trial began where he defended himself
-prosecution , 2 years to present
66 counts of genocide and war crimes
Defense Strategy
Delay by slowing things down
Distract by talking about other things
Intimidate -- especially of wwitnesses brought againist him
Counter- attack
witnesses was made to admit about terrorists |
|
|
Term
|
Definition
Former NATO Commander
Presidential Candidate at time of statement
US Given two days to Review testimony
said he had spent more than 100 hours with Milosevich |
|
|
Term
|
Definition
key witness for the prosecution because he was in Milosevic Inner Circle
Key Prosecution Witness
Refuted Charges againist Milosevic
Claimed he was tortured to give the sworn testimony |
|
|
Term
|
Definition
March 11, 2006
Found dead in his cell
Autopsy showed a heart attack
not too long after, someone put a stake through his casket
old rituatl to drive the evils away |
|
|
Term
|
Definition
Milan Babi
Miroslac Bralo
Anto Gotovina -- the big one
Azra Basic |
|
|
Term
|
Definition
Croatian, first president of Krajina
2004 indicted, 5 charges
1st to plead guilty -- in the ICTY; wasnt going to fight the charges at all
13 years in jail was sentence, committed suicide |
|
|
Term
|
Definition
2nd in Command of the Jokers who were Croation Irregulars was someone who wears a uniform in command but not in command of a sovereign nation
Charged with the murder of 14 muslims in a brutal massacre
Found Guilty of the charges, 20 years in jail |
|
|
Term
|
Definition
Croatian General
Drove Serbs from Krajina ( the region that the serbs grabbed in 92’ when the counter offensive happened in 95 croatia turned over..so he is a hero)
Charged with Ethnic cleansing, lot of serbs in krajina until he drove them all out
He went missing, hiding in Canary Islands
found guilty, senetenced to 24 years in prison
graffiti all over
reflects a new posistion that the Croatian President was in
he has the croatian public support, but definitely wants to be apart of the European Union
it was turn him over and have support, dont turn over and “ lose paperwork for eu” |
|
|
Term
|
Definition
Croatian that tortured and killed serbs
carved crosses into foreheads
cut throats and forced victims family to drink it
turned up in Kentucky
Extradtition Pending |
|
|
Term
|
Definition
Bosnian Muslim War Criminal along with Rasema Handanovic
2007
General in bosnian Army
1993: Killing 200 Civilians -- accused of
Ritual beheadings of those who killed
5 years in jail
appealed and got it down to 3.5 years
what would legitimate reason be? commander responsibility, he didnt actually kill people, but they prob. determined things were happening under his command he should have known about but he didnt; , wasnt literally pulling the trigger
responsible for his peoples actions only to certain extent |
|
|
Term
| Other Yugoslav Cases: Outside ICTY |
|
Definition
Bosnian courts
Germany
Austria
Netherlands
USA: Two Civil cases |
|
|
Term
|
Definition
Outside ITCY
USA: Two civil Cases
Bosnian Serb Politician
Torture and Atrocities
Served While Visiting UN
They brought 2 financial rewards -- $745 Million ( class action)
the next 3.8 billion dollars for the seperate case/ruling
he has not paid this monoey |
|
|
Term
|
Definition
Completed
Ongoing - the docket
Not in Custody - indicted but not turned over
They all move towards the completed sections
the summer of 2011, there are no more not in custody, everyone who has been indicted is in custody or the case has been completed |
|
|
Term
|
Definition
Fugitive : 1996- 2008 when he fell from power-- The Dayton Accord in 96’ , an
Accused of Command Responsibility
7500 Srebenitzans killed in Massacre
Visited UN in 1993 and 1995 --- did not happen them seizing him
Turned over in 2008 |
|
|
Term
|
Definition
bosnian serb military commander
Arrested by Serbian Authorities
Under EU pressure
2011: Turned over |
|
|
Term
|
Definition
Bosniani Serb Military Commander
Ethnic Cleansing in Krajina
Arrested by Serbs
immense pressure also by EU
faces 14 counts of serious war crimes |
|
|
Term
| Some Observations About the ICTY |
|
Definition
-Created by Security Council for Political Reasons
-Extraordinarily effective
advances in ILOAC
NATO Powers not prosecuted |
|
|
Term
|
Definition
ICJ
Ius Ad Bellum violations case made
Also Ius In Bello violations made |
|
|
Term
| Yugoslavia v. NATO: Jus ad Bellum |
|
Definition
The Case made by NATO
Humanitarian Imperitive
Regional stability
in a court of law these mean very little |
|
|
Term
| Yugoslavia v. NATO: Jus ad Bellum |
|
Definition
The Case made by Yugoslavia and Critics
there is no argument for self defense mainly because yugoslavia didn’t attack any of the NATO members
No court authorization |
|
|
Term
| Yugoslavia v. NATO: Jus in Bello |
|
Definition
he Case made by Yugoslavia and Critics
Dual Asset Targets
Proportionality violations
-1,000 civilians killed
-4500 seriously injured
19 children
schools, houses, etc. |
|
|
Term
|
Definition
ICJ
10 seperate cases againist NATO states
Two declined to come before court, us was one of them
some accepted ( i.e Canada)
Others: Obligated to go because treaty obligation
Courts Dismissed the charges
failed to give ruling because the former Yugoslavia is no longer part of world politics so therefore not a plantiff |
|
|
Term
|
Definition
| created by the SC in 1990s |
|
|
Term
|
Definition
100 days
assasination of the Country’s President
Hutus ( majority) ---> over powered Tutsis ( ones in power)
800,000 dead, as high as one million
250,000 raped
happened in july of 1994
tons of refugees |
|
|
Term
|
Definition
-1994 SC res
created court in 1995
January 1st- December 31st 1994 = temporal jurisidiction
Citizens in or Near Rwanda
Genocide, Crimes againist Humanity, and serious war crimes |
|
|
Term
|
Definition
S.C creates -- ICTY, Cheif Prosecutor, Hague Peace Palace, ICTR
Also has a tribunal for Tanzania Tribunal |
|
|
Term
|
Definition
50 trials, 29 convictions, 11 in progress, 14 in docket waiting, 14 remain at large
dont have to memorize this
5 transfered to National courts |
|
|
Term
|
Definition
CTR
Rwandan school teacher and politician
ordred killings: gave a hitlist
15 counts
guilty on 9 of 15
life sentence |
|
|
Term
|
Definition
Prime Minister
Genocide
Plead, Guilty, failed to rescind plea
Life in prision, appeals are rejected. |
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Term
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Definition
retired general, de facto commander
2001: Arrested in Senegal
25 years when extradited to tanzania
2009to benin to complete sentence |
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Term
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Definition
ICTR completes with Rwandan National Courts who are controlled by the gov.
ICTR is in pursuit of justice, its focus is on the criminals
Methodical
For the Rwandan National Courts- politics, opponents, wants swift prosecutuons |
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Term
| What Rwanda Wanted our of ICTR |
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Definition
wanted Rwandan judges along side the international judges
courts that miz domestic and international judges are hybrid courts
Rwandan judges would outjude international judges
Rwandan government on top |
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Term
| What the SC wanted out of ICTR |
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Definition
Cheif prosecutor that is independent of Rwanda
International Judges
this is what they ended up getting |
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Term
| Rwandan Complaints about ICTR |
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Definition
Could Prosecute Gov. ( why they didn’t want a Rwandan cheif prof.)
No death penalty
too few resources ( under funded)
Lack of Rwandan control ( the cheif pros. isnt even on the same continent) |
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Term
| Result: Competing Courts ICTR |
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Definition
ICTR in Tanzania
Rwandan courts looking like “ converyor belts on speed” as quickly as possible |
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Term
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Definition
More than 9000 tried by the Rwanda National Courts
125,000 await trial
Executed by the dozens |
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Term
| ILOAC Prosections: 1990-2000 |
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Definition
Yugoslavia, Rwanda
Other Tribunals created |
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Term
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Definition
Cambodia ( The cambodia tribunal), Sierra Leone ( the special tribunal for sierra leone)
two of the most headlined of tribunals |
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Term
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Definition
Southeast asia, effected from Vietnam War
1975, Khmer Rouge arrived in the capital
he ended up eradicated the calendar, break all the clocks, and foreced everyone to move away from home with the cities depopulated
they were forced in the fields to labor, and then ultimately mass execution to reach ultimarely about 2 million, found bullets to be too expensive so they killed them with blows to the spinal cord with a “hoe”
people with glasses died because it was western, anything western must be destryoed |
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Term
| Victims of the Khmer Rogue |
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Definition
Political executions
starvation
forced labor
Two Million people died from 75-79’ |
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Term
| Prosecuting the Criminals |
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Definition
1997 KR Trial Task Force Established
cambodians with international assistance to figure out how they would be holding the major war criminals accountable
2006, SG appointed 7 judges
were trying to wait out the death of the khmer rogue
2007, first trial of a SENIOR khmer rogue officials ( written into the document of the tribunal) |
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Term
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Definition
Jail Keeper in one of Cambodian prisions
allegations of torture, murder and Crimes againist humanity
not genocide because not volume, its differentation
Found guilty, given 35 years, appealed saying he was not a big whig in this operation, just a jail keeper and the court shouldnt have jurisidiction becuse not a senior official
court changed sentence to life in prision |
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Term
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Definition
| three most senior living khmer rogue officials |
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Term
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Definition
West Africa
Relatively stable during the cold war because the super powers were there to prop up their leaders and allies, but once the cold war ended it was a free for all, sierra leone had a two sided civil war
1991- 2002 , Multi-sided war ( gov. forces, rebels, mercenaries, counter mercenaries, and a military that would side both with and againist the gov. )
50,000 dead
2.5 million displaced
much of the violence fueled by the blood diamonds
mutilation of civilians |
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Term
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Definition
2002 created
21 indicted
20 of 21 captured
8 convicted so far
1 aquitted |
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Term
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Definition
Unique Case
Former President of Liberia
on exam will ask to match indicted heads of state with country
charged for involvement in Sierra Leone in the civil war
his gov. supported the IRF and there to profit off the blood diamond sales
-transfered to the Hague for prosecution
verdict : April 26th 2012 ( thats what they are saying)
names himself a prince...not literal but what he wants to be called |
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Term
| PCW Tribunals ILOAC Contributions |
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Definition
8 contributions
1st genocide Conviction
rape as a form of genocide was established as an international law
CAH can happen during peace time - as result to an ICTY ruling
1st african extradition ( Senegal)
Application of 1997 ( 2nd) -- 1st time
Independent Judiciaries ( establishing and functioning)
Long-term viable courts |
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Term
| How IMT and PCW Courts were similar |
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Definition
established by major powers
created by Fiat ( musselni by fiat)
Focus on Major war crimes
Political Motivations of Great Powers
the yamishida indictment i.e |
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Term
| How IMT and PCW Courts differed |
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Definition
(IMT was after was was over, when ICTR after, ICTY during etc.)
During vs. after wars
Great Power not War Participants
with IMT they ran the show providing judges and prosecutors,etc.
Independent Civil Servants
developed
Aftermath |
|
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Term
| Post-Tribunal Developments |
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Definition
IMT after ww2--> no other tribunals
ICTY /ICTR --> creation of ICC |
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Term
| Nuremberg and Tokyo Tribunals |
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Definition
| -Victorious major powers imposing self on IMT to go after vanquished Major powers ( germans and japs) |
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Term
| Yuglav and Rwandan Tribunals |
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Definition
Major powers to ICTY -- ICTR
the participating powers fighting with eachother, then the major powers create the tribunals from the outside, more distant approach |
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Term
|
Definition
Afghan War 2001-
Iraq War 2003-2011
Georgian War 2008
Libyan War 2011 |
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Term
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Definition
landlocked, profoundly poor, no solid center
historically the unifcation of the country has happen when an outsider has invaded
1709- Russia vs. England
classed over it, brits contolling some area of south asia and russian empire to the north with afganistan in between the two
“the great game” three wars between them
1919 Independence
1946 Membership into UN approved
1979 - Russo-Afghan War // soviet invasion
1988- soviet withdrawal
-Soviet Withdrawal in 88’, civil war ensued
-stability under the taliban able to effectively control the cities |
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Term
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Definition
-Taliban to Power 1996 ( only 3 gov. recognized the Taliban as in power)
Al Qaeda made connections to Taliban
9/11 happened, NATO invoked its principle artliles of collective self defense
leading to US lead intervention
3,000 Coalition Deaths , mostly american deaths
41,000 taliban deaths |
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Term
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Definition
-translates as the base
-tsuni terrorist organization led by Bin Laden
1990’s power
extensive reach
not hiearchaclly structured |
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Term
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Definition
Principle aim of US was to Topple the Taliban
Taliban connected to al Qaeda, whom attacked the US, the US said it was state responsibility because they wanted to topple them
it was easy to do this because we have air control
Chase Al Qaeda
Counter Insurgency
more difficult task
aimed at Taliban because terrorists dont fight classic wars
battles by the anti-american forces in afghanistan
Re-building a nation
40,000 civilian deaths |
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Term
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Definition
Polish Court
Military tribunal
2007 in the midst of a wedding party, 8 civilians died ( afghan)
Seven Poles indicted, all acquitted for charges
Polish SC - reassesed charges againist 4 of them |
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Term
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Definition
US Interrogator
abused detainee, victim died
US Court
Found guilty of Dereliction of Duty
Reprimand , demoted, docked pay $250 each paycheck
no jail time
he was a taxi driver, had people in his cab who might have been connected to taliban |
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Term
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Definition
Left his post at night
walked a mile
killed 16 or 17 people, one of victims pregnant
burned up some bodies, wrapped in afghan rug, burned in front of suvirors and admittedly did it
Blood Money
Us voluntary contributions/compensations
50,000 per dead
11,000 for each injured |
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Term
|
Definition
The Italian cruise liner that went down
many people killed and discomforted
14500 for uninjured passengers
Most turned it down
Pictures of soldiers , posing with body parts |
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Term
|
Definition
Collin Powell said if this vile had somethng nasty in it, it would be bad for americans
US Sponsored SC resolution which authorized military intervention in Iraq
at the Base of the US argument was Iraq was in violation of UN SC resolutions
Less than 9 votes
Resolution ultimately withdrawn
Invasion very strong from south
but modest from the North since Turkey denied US use of its territories
ultimate capture of saddamm , who was brought to trial by the Iraqis, a domestic trial but IL was applied, CAH, etc.; video of him dying
US principle goal was the democratization of iraq, and if we wanted that we needed to be in the cities, but if we are in these cities we are going to die
Us contractors at the filuzah bridge and they were captured killed and hung up on a bridge |
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Term
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Definition
4800+ Coalition Deaths , over 98% of these are American Deaths
1500+ contractor deaths
10000 Iraqi Combantant death, most of them apart of the insurgency
24,000 Iraqi security deaths
100,000- 1 Million Civilians deaths
a lot you can’t directly link to those directly and indirectly killed by war |
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Term
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Definition
Baghdad Central Prision is the official name
20 Miles West of Baghdad
British built
2001 had about 15000 inmates
2002, amneisty granted to everyone -- vacant in 2003
Mass graves surrounded the prision |
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Term
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Definition
has a prisioner on a leash like a dog
did it in front of everyone so everyone can see it
court martial for this behavior
found guilty for her crimes
sentenced to 521 in jail |
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Term
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Definition
11 US soldiers Convicted of Prisioner Abuse
systematic abuse of people
-2011: Last convicted soldier released from prision |
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Term
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Definition
very breif
August 7: Georgia assault South Ossetia ( on own country)
in this area there are ethnic russians living and speaking and for their passport renewals to moscow
-Russian troops entered on behalf of South Ossetians , bombing campaign
August 8th: Russia blockaded Georgian coast
August 12: Georgian forces evicted from South Ossetia and a little to the west of
France mediated a cease-fire
August 26th: Russia recognized South Ossetia
Nicaragua is the only other country to recognize South Ossetia
-October 8: Russian troops withdrawn
Georgia : 150 soldiers killed, Russians: 64 soldiers, civilians 350
the cold wars end was another reason for Georgias independence |
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Term
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Definition
| The USSR became 15 nation states almost immedietely |
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Term
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Definition
Mikheil saakashvili
Tensions with South Ossetians
the former president was gorbechav’s right hand man and prime minister
Pro- US and NATO |
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Term
| Ius Ad Bellum Russo-Georgia war |
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Definition
was russia legally justiffied in intervening in Georgia
Self defense- NO
Collective SD- NO because South Ossetia was not recognized as a Nation State
SC Authorization- NO |
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Term
|
Definition
Humanitarian Intervention --longest history of debate within the legal community but still aminority
R2P
Pre-emption |
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Term
| Ius in Bello Russo-Georgian War |
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Definition
did the combatants in this conflict behave in a way consistent with prevailing LOAC
Human rights watch -- issued a # of reports of the war
proclaimed serious violations by both sides
significant is quantitity, serious is the concept we associate with the magnitude of the actions
Civilian deaths is apart of the evidence, but it not sufficent by itself; because civilians die in war all the time not as a result of war crimes
Infrastructure Damage |
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Term
|
Definition
Tank and Machine Gun fire into civilian apartments
going out south ostethians who support russia or independence
Firing rockets into civilian areas
depends if legal ifthe principal target is a military asset or combatant
Rebels firing at Georgian troops from some of the buildings
those rebels are those againist georgian gov. |
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Term
|
Definition
Indiscriminate Force Use againist civilians
Targeting civilian convoys fleeing the violence
Warplanes bombing civilian centers
Gori District Bombing |
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Term
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Definition
breif war happening last spring
Battle over Cities whom were pro and anti-ghadafi |
|
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Term
| SC Authorization dealing with Libya |
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Definition
began with the Arab League
it requested that the SC take up the issue of Libya with Arab Spring underway, the leader won 19t concede power and killing people violating IL
the SC then authorized NATO to enforce a noflyzone over Libya |
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Term
|
Definition
No fly zone in Libya
attacks on ground and sea forces -- which effected our decision fighting for rebels |
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Term
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Definition
Libya 19s Military is much larger than the rebels, it was not one againist the other, the rebels had nothing to use
Added to one side of the merger, was NATO, and suddenly there is a large fight on our hands |
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Term
|
Definition
Popular revolt at home
crack-down by the gov.
the emergence of rebels who were almost immedietely recognized by the british
NATO takes up the cause of the rebels, the regime then collapses
then we have the death of Ghadafi which formally ended the revolution and begins the new life of Libya |
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Term
Ghadafi War Crimes
ICC Indictments |
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Definition
3 indicted, close relative, ghadafi himself, and close relative
charges againist them were crimes agiainist humanity
arrest warrants issued
Formal request for Extradition to The Hague
Status of them : ghadafi is dead, the son Saef is held by Libyan rebels, Senussi Held by Mauritania ( close relative) |
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Term
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Definition
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Term
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Definition
|
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Term
|
Definition
|
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Term
| People avoid justice Reasons |
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Definition
Invitation to Sciences evasion tactic
Rat Line Evasion Tactic
Business Expertise Evasion Tactic |
|
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Term
| Invitation to Sciences evasion tactic |
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Definition
This is a little more specific and reflective of WWII Policy.
-Large priority in a cold war policy. Out science the soviets.
German scientist were brought tot he US to work on the Apollo. Germans were really advanced with their rockets during this time.
500,000 scientists came to the U.S. We do not know which ones were nazis. |
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Term
|
Definition
Invitation to Sciences evasion tactic
-German Scientist
-Oversaw use of slave labor during WWII.
-German scientist were charged with making the best to overcome some of the other countries.
-60,000 people/civilians. They were working int the rocket industry and they were all worked to death.
-He came to the U.S. and worked on the Apollo Space Program
-1987 that Germany and his identity were discovered.
He was then extradited to Germany and he died in 1996. |
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Term
|
Definition
Cold War Priority: Spy the Soviets.
There were not sceintiests, they were spys.
It was not just russia, it was everyone they were behind and backed as well.
-When we got one of them, we expressed there were new opportunities in the US.
-War crimes were dismissed for people like this. |
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Term
|
Definition
Rat Line Evasion Tactic
Gestapo Head
Lyon, France
Used torture against captured French.
He is called the butcher of Lyon.
-He was recruited by US Counter Intelligence.
East Germany would be built on the old Germany.
-US helped him escape to Bolivia.
-He was asked for extradiction to France for trial
-in 1987 we sent him to France, he was guilty and sentence to life in prison. |
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Term
|
Definition
- rat line evasion tactic
French resistance leader. He was fighting the good fight against Germany. He tried to kill himself, and he wore a scarf to cover up the scare around his neck.
-He knows everything about the resistance, where people were etc.
He never ever spoke, and died. |
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Term
| Business Expertise Evasion Tactic |
|
Definition
We don’t use that in the US because we have business skills.
-The Nazi Party and the German Business Elites.
Hidler came to power because of the business elities, and the military and political elites. They wanted somebody to stand for their wants.
The business elites left Germany after WWII.
People in banking moved. |
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Term
|
Definition
Formal Institutions--just to catch war criminals
Individual Researches--people to investigate
Modern Technology- has really changed how people. |
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Term
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Definition
- He was a hunter for the Germans.
1908-2005
He was Austrian
Jewish
He was in the Holocaust camps
He survived
-5’11, he was 99lbs when he was liberated.
-He came to work for the U.S. army specializing in war crimes.
-He established his own Center. The Simon Wisenthal Center in 1977 in LA.
-2005- Operation last Chance--
-Annual Most Wanted Nazi List
-1, 100 found to date from his center. |
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Term
| Freelance War Crimes Hunter |
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Definition
Not apart of a formal institution. They fall into 2 categories
Idealists- they are really doing this for justice. They are reporters, or historians, and they just want to find the people.
Profiteers-- they are looking for the bounty. They want to make the money. |
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Term
|
Definition
Freelance War Crimes Hunter
Freeland Idealist
Author Historian, Journalist.
-Colombia University Ph.D.
-Harvard Fellow- somebody who comes in on occasion to lecture.
-2009 National Press Club Award
-Principle Areas--- US War crimes during Vietnam. |
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Term
|
Definition
Bounty Hunters
What they are doing?
-Filling the gap of international law (was is allowed and legal)
and then an international police force that does not exist.
So the bounty hunters fill the gap in between the two.
i.e INTERPOL |
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Term
|
Definition
Profiteer
-American
-Task Force Saber 7-- he led.
There were only three of them.
-He went to Afghanistan to hunt for UBL, but he would hunt anyone of interest.
-He turned over a terrorist, AQ or Taliban, a month later, the terrorist was released, because he was not who Idema thought he was.
-Ideama was a big talker.
The Afghanistan arrested him for being there illegal and carry a gun.
-He was found guilty and a 10 year sentence, and only served 3. Released in 2007. |
|
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Term
| Social Media and War Criminals |
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Definition
| We live in a different time of communication, and peoples information can be looked at from anywhere, by anyone, and usually anonymously. |
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Term
|
Definition
Ugandan Rebel
-Lord’s Resistance Army (LRA)
-Christian Fanatic (he has his own commandments)
-Terrorist
He murder, raped, mutiliation and cannibalism.
Was indicted by the ICC, and remains at large.
LRA is not what it use to be.
Should he get the recognition or just let him go?
150 Million Views
Conflicting Issues:If prosecution is the target, more then likely he will not go after us, he will go after innocent civilians and kill them.
We have had forces since 2011 there looking for him. |
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Term
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Definition
Important it is to go after alleged war criminals--
They should be prosecuted, and would possibly lead to some deterrence, it also leads to punishment of war crimes, and it then brings a sense of justice to the survivors.
Logic to seek them out, but seeking them out may not be the most productive route.
Prosecution can also lead to a lot of death and destruction, chaos and instability and also a missed opportunity.
There are two different arguments. Possibly not go after them, and look for something else they could do. |
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Term
|
Definition
Prosecution of the Germans for their culpability.
But if we push them too hard the people who their society liked.
It could actually lead to a government collapse.
There would be no effective negotiator for the Serbs (etc) |
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Term
| Simplistic View of Prosecution |
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Definition
Good and Evil
The good respect the laws
The evil violate the laws
-we should therefore prosecute the evil people. But the implication might outweigh the benefit. |
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Term
| Reflective View of Prosecutions |
|
Definition
Positive and Negative to each prosecution
-positive-deterence, justice.
-negative- Do we make it to the moon without Arthur Rudolf?
It will be a positive and negative scale.
When the negative and the positives are different, sometimes we will not prosecute. |
|
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Term
|
Definition
WWI
Total War might be a better description.
-Largely in Europe.
1914-1918
10 Great Powers
70 Million troops
1st conflict at this level.
9 million battle deaths
Three Key Considerations:
Who started the war-- Germany invaded Belgium, Russia was the first to mobilize. Austria handled the July crisis different early on. Serbia was apart of the early crisis, blamed for the assassination of the arch duke. |
|
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Term
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Definition
WW1
Triple Entente- France, Britain and Russia
Dual Alliance (Central Powers aka)- Germans, Austrian, Ottomans (strategic calculation for the Ottomans) |
|
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Term
|
Definition
End of WWI
November 11, 1918
It was a complete exhaustion on both sides. Germany v. France. The Americans came in with fresh blood and money. The Germans became confronted with a deal. |
|
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Term
|
Definition
War Guilt. They had to assume it. (US said you have to sign this, if not Germnay could not go back to war)
Gave up a lot of territory.
Had to make Reparations (payments)
Loss of its right to have a military (in the event Germany violated any of this, the victors like France would be able to invade and take whatever France needed for those reparations)
A certain list of people the US is going to prosecute. It has 901 names on the list of War Criminals. But came down a lot. |
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Term
|
Definition
Geneva of 1864
Hague 1899 and 1907
Geneva 1906
jus in bello principles out of customary law
These were the prevailing IOLAC at the time. |
|
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Term
|
Definition
Allegations against the Germans
-Invasion of Belgium
-Doctrine of Intervention was inappropriate, because Belgium is declared neutral.
It was invaded because of its location.
Article 2(4) Was was illegal.
-Bombing Coastal Cities of Britain
-Unrestricted submarine warfare- take out anything that may help out the other side. |
|
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Term
|
Definition
German Violations:
Belgium-
It was neutral
Treaty of London 1839- Belgium’s Neutrality was declared.
-Prussia Signed this-- the successor to Germany.
The German attack-
6,000 non-combatants died
25,000 homes destroyed. (Germans are suppose to just be passing through)
They gave themselves about 2 days to get into Belgium.
Catholic University 1914-- No military value. It was crumbled and destroyed the library.
City of Leuven 1915 |
|
|
Term
| Bombing of Coastal Cities |
|
Definition
Dec. 16th, 1914
German Naval assault on three British Cities.
The cities were undefended, therefore they can not be attacked.
137 dead, 592 injured.
Britain wanted the commanders to be prosecuted. |
|
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Term
| Unrestricted Submarine Warfare |
|
Definition
Lusitania (Cruise Liner) was sunk by a submarine in 15 mins.
1260 dead |
|
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Term
|
Definition
January 1919: Paris
Treaty of Versailles
4 Major Powers- England, France, US and Italy.
Called for the arrest and trial of German War Criminals.
The germans have to sign it.
Kaiser a War Criminal
It is a victors tribunal--- they will run it on foreign soil.
Netherlands opposed extradition.
The German government did not want to cooperate. Germans looked at Kaiser as a victim, not the others. |
|
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Term
|
Definition
Allies have two options:
Force Extradition (Mostly the 901 criminals on the list)
Collapse Weimar
________________________
Radical Germany
Soften Demands
give them German Trials to prosecute
________________________
Allies retain Germany as an ally.
Number 2 worked. |
|
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Term
|
Definition
Germans Prosecute its own Criminals
1921
German Supreme Court
It was waddled down to 45 by the US. It comes with the softening.
12 of them were prosecuted, 6 were guilty, 6 not guilty.
6 that were guilty-- 4 months to 4 years. |
|
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Term
|
Definition
-1921 Leipzig
-German Captain
-Head of a POW Camp of 1000
Charges were failure to maintain conditions and failing to prevent abuse in the camps and to punish the violators.
Found guilty- received 6 months.
1st Time in Contemporary Trials- Command Responsibility First Applied. (You are responsible for your soldiers responsibilities) |
|
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Term
|
Definition
Genocide of the Armenians
8 year systematic destruction of their people.
It was in the cloak of the war. This was happening while the war was going on.
600,00 to 1.8mn dead. |
|
|
Term
| Prosecuting Turkey in WW1 |
|
Definition
no easy but we tried
August 1920
It was in the Treaty of Sevres
Trial of “young turks” responsible
Turkey asserted sovereignty-- you can not have them. There is no universal jurisdiction.
-UNder this debate, a war broke out in the Ottoman Empire, and it became a War on Independence.
1923- Treaty of Lausanne- Amnesty that the turkey’s government was giving to their war criminals, was published. |
|
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Term
| Turkey’s Dramatic Rebound |
|
Definition
1920 it was in a position of weakness. Victors still unified. There was constant drumbeat to get war criminals to prosecute.
Colonization
1923- It was in a position of strength.
It wanted allied concessions, you can keep your land etc.
Turkey is not independent. |
|
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Term
| How did turkey turn the tables? |
|
Definition
Kimmel and his people were successful on the ground.
The successful war of independence.
Turkey also was about trading detainees.
-Britain seized 118 Turks called Malta Detainees.
-Turkey help Britain Civilians and Military and held them.
in 1921- “All for All” exchange.
Then Turkey followed the same German model of not very good prosecution. Both sides had to prosecute their own soldiers. |
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Term
|
Definition
1939-1945
27 Significant States
16 million combat deaths
45 million non-combatants
2 Atomic Bombs in civilian centers
1st of the 6 in which we have a definitive victor, it ushered in new leading states.
This is the historic bottoming out of the principles of IOLAC. |
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Term
| The Path to WWII Prosecutions |
|
Definition
1943 (prior to the outcome)
1943 a war crimes commission was established.
UN at the time was a war coalition.
The commission was charged with investigating/recording war crimes. They already want to get the information for war crimes.
Then report causes to pursue. (can not indict, but says to the victors who to prosecute.)
Over two years: 8, 178 Dossiers (list of people to prosecute) |
|
|
Term
| Moscow Declaration of 1943 |
|
Definition
Differences of Opinions
USA we need a court that can make judicial decisions.
USSR wanted a court just to endorse that the Nazi 19s and Japanese had done it all.
Britain did not want a court at all, they wanted Summary executions. |
|
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Term
| Yugoslavia 19s Dismemberment: |
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Definition
1990 got global interest bc it was surprising to see Europeans bombing another European city since WW2
Newly established state: matter of expediency and necessity after WW1 by Woodrow Wilson
Was part of Persian, Macedonian (Greek - 3rd century BCE - Alexander the Great) Roman and Ottoman Empires
This led to jumbled religious groups
Croatia: Western Christianity
Serbia: Christian Orthodox
Bosnia: Muslim
Western scholars and politicians sold this as an ethno-religious war but is not accurate - it was all about politics, leadership, self determination; it eventually became religious in nature after inflammatory rhetoric |
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Term
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Definition
WW1 ----> est 1st Yugoslavia
WW2 - Croats sided w germany, Serbia sided w soviets --> still put back together (2nd Yugo)
End of Cold War -> Break up of Yugoslavia |
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Term
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Definition
The Soviet Threat: constantly planning an invasion but would 19ve been very difficult! so they upped the anty and occupied eastern europe
Joseph Tito: leader
Western financial aid - wanted to make it a success so Albania, Romania, Hungary, etc would pull away from Soviets |
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Term
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Definition
1892-1980
Croat - didn 19t side w Nazi 19s went to Moscow instead
Moscow put him in power
Benevolent Dictator (popular) - well liked for distribution of wealth |
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Term
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Definition
end of USSR
death of Joseph Tito
Economic Recession
This led to populism 1Cyou 19re hurting bc this or that ethnic group 1D |
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Term
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Definition
| Throws everything off - Tito cared about the 6 republics and he cared about his power (Sides mostly w Serbia) |
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Term
| 1991: Slovenia 19s Independence |
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Definition
Detached from Serbia
Wealthy
Aligned with west
The 10 Day War: Summer 1991
63 killed
328 injured
4,693 POWs |
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Term
| First Crimes of the Yugoslav Wars: |
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Definition
1991 Croatia - Holmec killed (right on the line btw C and S)
3 surrendering Serb/Croat Soldiers approaching Slovenes
Shot dead by Slovene Policemen
Investigation --> dismissal --> video by Slovene reporter showing they were definitely surrendering |
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Term
| Slovenia and the Holmec crimes: |
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Definition
Dismissed allegations and evidence (after video surfaced)
Refused to prosecute
Filed charges against the slovene who who called the acts war crimes
Neka Miklavcic-Predan
Director of regional HRWatch
Chrage: deeply hurt the feelings of Slovene Vets |
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Term
| 1992 - Croatia 19s Independence War |
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Definition
1991-1995
21,000 killed
1/3 of Croatia captured by JNA - Yugoslav National Army
European 19s were recognizing independence immediately
Croatian independence leads to loss of coast line -
Allegations of ethnic cleansing - doesn 19t have to involve killing, just chasing them away
Dubrovnik = capital
Shelling of Dubrovnik
October 1991
Three month Serbian serge
Undefended city - only 150 soldiers killed
69% of buildings hit
15,000 refugees
Done by serb natl air force |
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Term
| 1992 Bosnia 19s Independence |
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Definition
1992-1995
57,000 Soldiers killed
40,000 civilians killed
Horror stories
Detention Facilities --> deprived of needs
Bosnia - most ethnically diverse
Serbs - 31% (Serbian Ally)
Croats - 17% (Croatian ally)
Muslims - 44% (international community took up their cause) |
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Term
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Definition
Distinction of targets
Treatment of detainees
Ethnic Cleansing
Genocide
Sexual Violence against women
Crimes against humanity |
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Term
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Definition
darker and darker each day - ex: pregnant woman burning in houses w rescue aid blocked
Market Square Massacre (Richard Holbrook - to end a war)
Cemetery Massacres |
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Term
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Definition
darker and darker each day - ex: pregnant woman burning in houses w rescue aid blocked
Market Square Massacre (Richard Holbrook - to end a war)
Cemetery Massacres |
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Term
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Definition
darker and darker each day - ex: pregnant woman burning in houses w rescue aid blocked
Market Square Massacre (Richard Holbrook - to end a war)
Cemetery Massacres |
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Term
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Definition
Ch 8-1,2,3
April 1992 - Feb 196
Longest Siege of a capital city (3x longer than Leningrad)
12,000 killed or missing
56,000 wounded
ICTY Prosecutions
those prosecuted got 27 years to life |
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Term
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Definition
Target (this case its capital)
Encircle and cut off the target
Historically Legal
Geneva 1977 I dealt w siege warfare
distinguish btw
city w civilians- starvation illegal - ONE INSTANCE I CAN THINK OF WHERE ITS LEGAL TO SHOOT AT CIVILIANS (Nuremburg ruling not changed by Geneva 77) you can shoot them as they try to leave to force them back into the city; killing may be another matter
city w only combatants: starvation legal
Attacks on children: 1,500 children killed in siege of Sarajevo (ex: 7 year old sniper victim)
Sarajevo Holiday Inn taken out - clear civi use asset |
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Term
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Definition
(when both Croatia and Serbia were going after Bosnia the intention turned to saving people)
Violation on safe havens |
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Term
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Definition
Srebenica Genocide - targeted muslims; july 1995
8,000 Men and Boys Murdered
The Worst European Crime Since WW2 |
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Term
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Definition
Women and Children
Men of Fighting age --> buses --> massacres
Elderly
Serbia wanted to distinguish btw combatants and noncombatants and treat them accordingly (POWs)
ie: Dutch peacekeepers and Greek Volunteer Guard were complicit in distinguishing btw fighting age and non fighting age and the fighting age were murdered |
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Term
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Definition
Women and Children
Men of Fighting age --> buses --> massacres
Elderly
Serbia wanted to distinguish btw combatants and noncombatants and treat them accordingly (POWs)
ie: Dutch peacekeepers and Greek Volunteer Guard were complicit in distinguishing btw fighting age and non fighting age and the fighting age were murdered
there was post massacre evidence |
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Term
| Bosnian Genocide case (2007) - ICJ |
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Definition
Three Legal Questions:
1. Was Srebrenica Genocide? Yes
2. Was Serbia Responsible? No
3. Did Serbia violate the treaty? (Genocide Convention) Yes |
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Term
| Why was Serbia held in violation of intnl responsibilities --> violation of treaty bc |
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Definition
failed to prevent Genocide
failure to prosecute the accused
Non cooperation w ICTY |
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Term
| NATO War Crimes Allegations |
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Definition
during the 2011 breif intervention in Libya
Jus ad bellum - did NATO have legal right
Security Council authorization for a no fly zone as well as an arms embargo but no where in the document do you find a authorization for regime change or military intervention
if something gets in the way, they have a legal right to do that
but opens door fro broad interpretation |
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Term
| Legality of NATO Intervention - Libya |
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Definition
In order to enforce NATO no fly zonze, they had to attack forces in air and on ground and then also had to fight for the rebels---what NATO says
everyone says the zone was legal, but the atatacking people dont agree on legal or not legal |
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Term
| NATO War Crimes Allegations- Libya |
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Definition
Jus in Bello
Targeting civilians
schools and food storage depots
Murder and torture by rebels |
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Term
| The Aerial Campaign - Libya |
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Definition
18 Nations were involved
7 months
9000 bombs
6000 targets
civilian deaths 60-90
1500 migrants died -- seperate these because they require more scrutiny |
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Term
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Definition
68 Africans
Fleeing by Boat
10 Days adrift
Died of Exposure
NATO knew of them |
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Term
Casualties and Destruction
Libya |
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Definition
50,000 killed
50,000 seriously injured
Significant infrastructure damage
ICC investigation undertaken |
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Term
| ICC Parties and Signatories |
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Definition
established by an INt. treaty and not ad hoc
121 States parties that have ratified Rome treaty of 1998 or the ICC statute
32 states have signed not ratified
41 states not signed
no legal obligation for anyone who isnt signed to the party to hand them over to te tribunal |
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Term
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Definition
Rome stature 1998- created it; enetered into force in july 2002
Genocide can prosecute, crimes aginist humanity, serious war crimes, and the crime of aggression starting in 2014
The Jurisdiction is limited to a citizen of a party that committs a crime
a crime takes place on the territory of a party
whern the S.C refers a case to the court
because of the 3rd one = libya
temporary membership is granted |
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Term
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Definition
| The ICC, entering into force in july 2002 |
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Term
Concurrent Jurisdiction
ICC |
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Definition
it has jurisdiction and national courts have jurisdiction
the reality is that national courts have an enourmous advantage over ICC jurisdiction
common themes amoong indictments is that they all come from africa |
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Term
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Definition
2007-8 Violence in Kenya
Six Perpetrators
ocampo decided to look at these 6
ocampo is the cheif prosecutor
Crimes againist humanity |
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Term
| 21st Century Prosecutions |
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Definition
-Tribunals established
ICTY, ICTR,ICC
Laws
- crimes againist humanity prohibitions ( 1977 geneva protocol), R2P
Major Powers residing over these tribunals, and very influential over creation and interpretation of the laws
going to be applyng these courts and these laws to the minor powers of the world |
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Term
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Definition
Cardinal Principles - discrimination, prohibition on perfidy, proportionality, etc. Remain the base
Hague Conventions 1899,1907
All the geneva conventions - 1864,1906,1929,1977
Human rights treaties -- creates a bit a complication
things used to be pretty straight forward between war and peace
and now they are blurring to the point that people rarely differentiate between one branch to another of IL regarding human on human violence
continues to evolve |
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Term
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Definition
United Nations Charter - art 2 para 4 1954
this is most recent addition
saying warfare outside self defense is illegal
-Montevideo 1933
-Kellog Briand pact 1928
-LON covenant 1920 |
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Term
| ILOAC: Legal Institutions |
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Definition
Nuremberg and Tokyo Tribunals
ICTY and ICTR
Special Tribunals - i.e sierra leone
ICC
focus of all these tribunals is jus ad bello |
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Term
| The Evolution of the ILOAC |
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Definition
1900 War legitimate, behavior unregulated
2000, War Illegal, and behavior being preosecuted
Detailed prosecutions of Wartime Conduct eveolved into dynamic case law |
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Term
Further Evolution
of ILOAC |
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Definition
Retributive Justice to Deterrence
the message becomes dont do what the general did because we will find you too
the court system reduces people down to what they are as people |
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Term
| Explaining the Evolution of ILOAC |
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Definition
Change in Human Nature - that people are not only more aware but have internalized many of the norms and ideas in hague and geneva
the costs of war are up
The benefits of going to war are down sharply |
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Term
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Definition
Global Compliance
all governments on board
For the governments to be on board, societies must be on board |
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Term
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Definition
| the most recent , added 2 recognizable symbols of humanitarian groups: the red crescent and the red diamond |
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Term
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Definition
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Term
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Definition
| 1st example of command responsibility |
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Term
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Definition
| august, russo v georgia, allegations that there was indiscrimnnate bombing, violations fo proportionality, etc. |
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Term
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Definition
| media investigated and took back to surface |
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Term
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Definition
revolution in thinking and now seige warfare differentiates between cities with civlian pops between cities with mainly military populations
it is now illegal to starve a targeted area city that has civilians which makes starvation an illegal action |
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