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West Germany's record of dealing with National Socialism is often held up as a model to be emulated by states emerging out of war and mass crimes. This article traces the application of the German model to contemporary Serbia, as represented by the two tropes of 'Nuremberg' (justice) and 'Willy Brandt's Kniefall' (apology). It argues that both events were divorced from their own historical circumstances and presented as contemporaneous elements of a model that set unrealistic normative benchmarks when applied to the Serbian national context. Placing Germany's process of postwar memory construction in a historical and comparative light, rather than viewing it as an ideal-typical model to be emulated, provides a more productive way of analyzing the complexities of national memory processes in post-conflict states. Keywords: Germany; Serbia; post-conflict; transitional justice; political apology; Nuremberg; ICTY, INTRODUCTION The German model of 'coming to terms with the past' has, since the 1990s, been a key signifier in discourses and debates about memorialization and transitional justice around the [...]

The crisis of global (and Australian) capitalism that began in the early 1970s was a phenomenon that has been the subject of many competing explanations. Often, however, these accounts artificially [...]

BOTH THE INTENTIONAL AND THE DISPROPORTIONATE AND INDISCRIMINATE bombardment of civilian populations by military aircraft are war crimes (McCormack and Durham, 2009), a specific form of state criminality (Chambliss, 1989; [...]

There are too many easy reasons to want to forget horrors, especially the horrors that constitute genocide. Living through a situation develops a different level of awareness and response than being distant and not personally implicated in it. This realization highlights the need to recognize that it is not because of the lack of compassion that we tend to 'forget' so quickly, but rather it is the lack of right understanding about how to make a difference that is complicit in our cognitive failures. The intent of this reflection is to provide a context for remembering Rwanda and for providing a healing perspective on similar disasters. In this regard, a brief overview and historical context of the conflicts that led to the killing in Rwanda is presented, followed by a discussion of the survival issues experienced by the women of Rwanda during the 100 days of terror and death and the implications of a healing perspective. Keywords: healing; trauma; forgiveness; rape; female genocide; ethnic cleansing

For centuries, the rape of women has been used as a tactic of war to advance one group's political, economic, social, or religious position over another. Systematic mass rape devastates individual women and destroys the fabric of families and communities. This article argues that the systematic nature of rape as a tactic of war exists against a backdrop of rigid cultural norms of gender and women's sexuality, social dominance and power within group conflict, and a soldier's social identity as a man and a member of a particular military. Keywords: dominance; power; rape; war

This article critically reviews the literature pertaining to mass rape during times of war to identify and understand the unique factors that promote it. A greater understanding of these factors is considered a productive initial step toward proffering effective solutions to address this significant problem. The former Yugoslavia, particularly Bosnia-Herzegovina, serves as a case study against which this literature is reviewed. The authors conclude that women's experience of rape in war, like the abuse of women's human rights, is often determined by the intersection of a variety of factors, such as age, race, class, religion, ethnicity, and nationality. Future studies should further explore how these complex variables relate to each other in an attempt to understand the horrific crimes that are often perpetrated against women during wartime. Keywords: Bosnia; Yugoslavia; war; rape

The creation and operation of the International Criminal Tribunal for the Former Yugoslavia (ICTY) is an advance in the rule of law and arguably part of a larger process of the globalization of democratic norms. Yet support for the ICTY is increasingly influenced by local processes in which these norms are contested by indigenous parties and forces. We explore this issue with regard to support of Serbs living in and outside of Serbia for the ICTY in comparison to local courts. Serbs in Belgrade are distinctive in insisting that war criminals be tried in their places of origin, while Serbs in Sarajevo and Vukovar agree with other groups in these settings that war criminals should be tried in the locations where their crimes occurred. This is compelling evidence of the localized influence of cultural norms on ethnic and national group members in post-war crime settings. Keywords: war crimes; democracy; rule of law; ICTY; ethnicity; legal cynicism; liberal legalism

Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape constitute war crimes, crimes against humanity, or genocide. In addition, just war theory can provide the normative justification individual soldiers need to resist orders and actions that demonstrate egregious moral breakdown as found in instances of mass rape and systematic use of sexual violence, and just war criteria demonstrate that the use of rape and sexual violence in war time can never be legitimated, especially in the case of prisoner interrogation.

It seems a good in itself to acknowledge, to have enlarged, one's sense of how much suffering caused by human wickedness there is in the world we share with others. [...]

The memories of the US war against Vietnam seem to serve as no more than painful reminders of the tainted history of American military aggression. It appears to offer an antidote to myths and memories that continue to justify the US military interventions and territorial takeovers in the name of rescue and liberation.

Byline: Aleksandar Jokic (1) Keywords: accountability; apologist narrative; genocide; genocidalism; ideological arrogance; international criminal tribunals; international law; normative divide; ``the Holocaust''; universal jurisdiction; war crimes Abstract: This is an attempt to develop a more complete understandingof ``genocidalism of commission,'' or the genocidal use of``genocide,'' defined stipulatively as ``the energeticattributions of ``genocide'' in less than clear cases withoutconsidering available and convincing opposing evidence andargumentation.'' Genocidalism is a widespread phenomenonregarding the discourse on international affairs in theadvanced, liberal societies of the West, embedding a ``normative divide'' between the ways of attending todomestic (national) concerns and ways of attending tointernational issues. I argue that genocidalism is morallywrong, explore its likely causes, and suggest possible waysof getting rid of this hateful practice. Author Affiliation: (1) Department of Philosophy, Portland State University, Portland, OR, 97207, USA (E-mail Article History: Registration Date: 18/10/2004

I. INTRODUCTION Somehow we in the West thought the age of war was behind us. After nuking Hiroshima, after napalming Vietnam, we had only distaste for the idea and the [...], In this Article based on his Storrs Lectures given in November 2001, Professor Fletcher ventures a new approach to collective responsibility and guilt. He grounds his argument in the Romantic tradition and criticizes what he calls the prevailing liberal orthodoxy in the law schools. The Romantic tradition, he claims, supports a robust theory of the nation as a complex organism. Drawing on contemporary philosophical sources, he argues that nations can have collective intentions, engage in collective actions, and bear collective guilt for their wrongdoing. He points to the four crimes defined by the ICC Statute as an instantiation of this collective guilt. Each of these crimes, he argues, presupposes collective as well as individual action. The implication of this thesis is that the collective guilt of nations should mitigate the individual guilt and punishment of defendants. As against this humanistic theory of collective guilt, he warns against two excesses of Romantic thinking in morality and law: (1) permitting the transfer of guilt from generation to generation, and (2) excusing wrongdoing on the grounds of authenticity and sincerity. To rescue the theory of collective guilt from these dangers, he probes the differences among responsibility, shame, and guilt, as they are understood both individually and collectively. Collective guilt, he claims, is justified on classical and biblical assumptions that continue to shape Western intuitions of justice. He concludes by arguing that collective guilt is reflected in numerous social institutions ranging from attitudes toward punishing Holocaust denial to the Japanese renunciation of war.

World War II may have ended fifty years ago, yet it is clear that numerous evaluations, interpretations, and assessments made by historians and scholars on this period in Southeast Asian history have not sufficiently reflected the intrinsic values of the wartime events, personalities, and developments involved. This is particularly true in the case of two wartime leaders in Thailand - Field Marshal Phibunsongkhram and Pridi Phanomyong. The article attempts to re-assess and update both their place in Thai history and their contributions to the socio-political development of the country., Thai politics from 1938 to 1957 were dominated by two leading personalities - Field Marshal Phibunsongkhram and Pridi Phanomyong - the one Prime Minister until 1944, the other the acknowledged [...]

Introduction: Film as Witness and The Problem of Representation November 20, 1995 marks the fiftieth anniversary of the beginning of the most unusual judicial proceedings of the century, the Nuremberg [...]

French militia member Paul Tuvier was convicted by the Cour de cassation of killing seven Jews on the dawn of Jun. 19, 1944 in Rillieux, France, and was sentenced to incarceration for the rest of his life. Paris courts had earlier released him after a trial found him innocent on the basis of the Cour's standards, which required genocide, deportation or enslavement for guilt to be established. Ironically, it was the same Cour de cassation that reordered a reinvestigation that led to Tuvier's conviction. An analysis of Tuvier's crime is presented.