Richard Ashby Wilson - Böcker

Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Humanitarian sentiments have motivated a variety of manifestations of pity, from nineteenth-century movements to end slavery to the creation of modern international humanitarian law. While humanitarianism is clearly political, this text addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions. As an ethos, humanitarianism has a strong narrative and representational dimension that can generate humanitarian constituencies for particular causes. Essays in the volume analyze the character, form, and voice of private or public narratives themselves and explain how and why some narratives of suffering energize political movements of solidarity, whereas others do not. Humanitarianism and Suffering explores when, how, and why humanitarian movements become widespread popular movements. It shows how popular sentiments move political and social elites to action and, conversely, how national elites appropriate humanitarian ideals for more instrumental ends.

This book asks whether human rights, since the 9/11 attacks and the 'war on terror,' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.

This book asks whether human rights, since the 9/11 attacks and the 'war on terror,' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.

Humanitarian sentiments have motivated a variety of manifestations of pity, from nineteenth-century movements to end slavery to the creation of modern international humanitarian law. While humanitarianism is clearly political, this text addresses the ways in which it is also an ethos embedded in civil society, one that drives secular and religious social and cultural movements, not just legal and political institutions. As an ethos, humanitarianism has a strong narrative and representational dimension that can generate humanitarian constituencies for particular causes. Essays in the volume analyze the character, form, and voice of private or public narratives themselves and explain how and why some narratives of suffering energize political movements of solidarity, whereas others do not. Humanitarianism and Suffering explores when, how, and why humanitarian movements become widespread popular movements. It shows how popular sentiments move political and social elites to action and, conversely, how national elites appropriate humanitarian ideals for more instrumental ends.

International and national armed conflicts are usually preceded by a media campaign in which public figures foment ethnic, national, racial or religious hatred, inciting listeners to acts of violence. Incitement on Trial evaluates the efforts of international criminal tribunals to hold such inciters criminally responsible. This is an unsettled area of international criminal law, and prosecutors have often struggled to demonstrate a causal connection between speech acts and subsequent crimes. This book identifies 'revenge speech' as the type of rhetoric with the greatest effects on empathy and tolerance for violence. Wilson argues that inciting speech should be handled under the preventative doctrine of inchoate crimes, but that once international crimes have been committed, then ordering and complicity are the most appropriate forms of criminal liability. Based in extensive original research, this book proposes an evidence-based risk assessment model for monitoring political speech.