The Nuremberg Fallacy

Available for the first time in paperback, The Nuremberg Fallacy examines the inherent shortcomings of the Nuremberg "rules of war" and the War Crimes Tribunal's impossible expectations. In 1946, the Tribunal declared all aggressive war, war crimes, and crimes against humanity illegal. Yet the period since World War II has witnessed an unprecedented number of armed conflicts. In light of recent crises, including those in Rwanda, Bosnia and Serbia, and the Middle East, it is clear that the issues explored in The Nuremberg Fallacy are as relevant today as they were at the time of the book's first publication a quarter century ago. In this volume, Eugene Davidson continues his investigations begun in The Trial of the Germans (University of Missouri Press), which studied the Nuremberg trials themselves, by focusing on five major conflicts since the end of World War II: the Suez crisis of 1956; Algeria's war of independence; Israel's recurring (and ongoing) battles with its Arab neighbors, complicated and worsened by intervention of the superpowers; the wars in Southeast Asia; and the Soviet Union's suppression of Czechoslovakia and other border states of Eastern Europe. By exploring the roots and ramifications of these five conflicts, Davidson is able to chart the crosscurrents between large and small states, between individual nations and the United Nations, between the rules of Nuremberg and the significantly older rules of self- interest. The result is a thoughtful and thought-provoking study of the dynamics of war and peace in the post-Nuremberg world. The rules of war proclaimed at Nuremberg--observing the flag of truce, prohibiting attacks on surrendered enemies, treating prisoners of war and civilian populations humanely--have become virtually irrelevant in modern guerrilla warfare. If anything, Davidson suggests, conditions have actually become worse than they were before the Nuremberg War Crimes Tribunal. The continuing importance and relevance of The Nuremberg Fallacy is best summarized in the final sentences of Davidson's text: "The survival of a nation cannot be successfully entrusted to simplistic formulae or to principles that reflect unworkable doctrines. No computers have been programmed for the wisdom that remains essential for survival. People still have to provide that from their own inner and outer resources, no matter how far the weapons may seem to have outdistanced them."

In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.

Encyclopedia of Public International Law, 4: Use of Force, War, and Neutrality Peace Treaties (N-Z) focuses on hostile inter-State relations and associated questions, as well as the use of force, war, neutrality, and peace treaties. The publication first elaborates on warships, wars of national liberation, war materials, laws of war, war correspondent, war and environment, Versailles Peace Treaty (1919), use of force, United Nations peacekeeping system, United Nations forces, and unfriendly act. The text then ponders on trading with the enemy, suspension of hostilities, surrender, submarine warfare, sequestration, self-preservation, self-defense, sea warfare, safety zones, safe-conduct and safe passage, resistance movements, requisitions, and reparations after World War II. The book examines relief actions, recognition of insurgency and belligerency, prisoners of war, threat to peace, peace treaties, means to safeguard peace, pacifism, occupation after armistice, nuclear tests, non-aggression pacts, and neutrality in air warfare, land warfare, and sea warfare. The text is a vital source of information for researchers interested in the use of force, war, and neutrality peace treaties.

Revising our understanding about how transitional justice works, this study analyses and compares Nazi trials in post-war East and West Germany from 1945 to 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities.

This comprehensive volume provides a wealth of information with annotated listings of more than 3,500 titles--a broad sampling of books on the war years 1939-1945. Includes both fiction and nonfiction works about all aspects of the war. Professional resources for educators aligned to the educational standards for social studies; technical references; periodicals and electronic resources; a directory of WWII museums, memorials, and other institutions; and topics for exploration complement this excellent library and classroom resource.

Is war an institution of international society and how is it constituted as such across the evolution of international society? This book is an inquiry into the purpose of war as a social institution, as originally put forward by Hedley Bull. It offers a comprehensive examination of what is entailed in thinking of war as a social institution and as a mechanism for order. Since the terrorist attacks of 9/11 the subject of war has become increasingly relevant, with questions about who can wage war against whom, the way war is fought, and the reasons that lead us to war exposing fundamental inadequacies in our theorisation of war. War has long been considered in the discipline of International Relations in the context of the problem of order. However, the inclusion of war as an ‘institution’ is problematic for many. How can we understand an idea and practice so often associated with coercion, destruction, and disorder as contributing to order and coexistence? This study contends that an understanding of the core elements that establish the character of war as an institution of modern international society will give us important insights into the purpose, if any, of war in contemporary international relations. This ground-breaking book will be of strong interest to students and scholars of international relations, international relations theory, the English school, security studies and warfare.

Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. Learning Goals Trace the development of International Law through key principles and processes. Illustrate important issues and theories using excerpts from landmark cases.

A collection of essays on the legal aspects of the Vietnam War by one of its most respected commentators.