Unconscionable Crimes

The first general theory of the influence of norms—moral, legal and social—on genocide and mass atrocity. How can we explain—and prevent—such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes. Morrow considers such key explanatory pathways as the erosion of moral norms through brutalization and demoralization, the exploitation of legal norms to legitimize persecution and deny violence, and the enduring influence of gender-based social norms on targets and perpetrators of atrocities. Key constraints on atrocities would include the revision of moral norms that have traditionally guided the conduct of soldiers and humanitarian aid workers, the strengthening of legal prohibitions on large-scale crimes through statutory and institutional reform, and the elimination of social norms prescribing silence about personal experience of atrocities. Throughout, Morrow emphasizes the differences among moral, legal, and social norms, which stand in different relations to real or perceived social practices, and exhibit different patterns of creation, modification, and elimination. Ultimately, he argues, norms of each kind are integral to the explanation and the prevention of mass atrocities.

The first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. How can we explain--and prevent--such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes.

Focusing on the problem of indigenous spoliation in developing countries, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians. Due to constraints of the state system and the lack of appropriate substantive municipal law, efforts to punish those responsible for the economic rape of entire nations and to recover spoliated funds have been frustrated and rendered insubstantial. Taking a multidisciplinary approach and on the basis of data generated from empirical, cross-national research, this study makes the case for indigenous spoliation as a violation of international law. Substantially revised and updated to take account of recent legal and political developments, the second edition will be a valuable resource for academics, practitioners, NGOs, and policymakers.

This book provides a thorough compilation of the types, specific incidents, relevant agencies, theories, responses, and prevention programs relevant to crime and violence in schools and on campuses. Encyclopedia of School Crime and Violence is the most comprehensive reference on this deeply unsettling topic ever undertaken. No other volume integrates as much information about the many types of crime and violence occurring in schools as well as the variety of responses and prevention efforts aimed at curbing it. In a series of alphabetically organized entries, Encyclopedia of School Crime and Violence looks at significant cases both at high schools and on college campuses, with coverage that includes professional and community responses, and theories as to why these events happened. Unlike other volumes that focus only on the most sensational events, the encyclopedia spans the full spectrum of school crime—not just the high profile cases like Columbine and Virginia Tech, but the insidious problems of theft, bullying, cybercrime, violence, sexual assault, and more. Coverage includes information on some cases outside the United States, as well as entries on the government agencies and other organizations dedicated to analyzing and eradicating school crime and violence.

This comprehensive and versatile book covers both international criminal law and the application of US criminal law transnationally. It has chapters on each of the core crimes (aggression, genocide, crimes against humanity, war crimes), as well as separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. Thus the book can be used for courses focusing entirely on international criminal law and accountability for core crimes. But it also covers US criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and US constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students with no prior background. New to the 3rd Edition: Recent developments in the international tribunals, including the Habré trial in the African Extraordinary Chamber Updates on post-Morrison jurisdictional developments and the treatment of jurisdiction in the Restatement (Fourth) of the Foreign Relations Law of the United States Activation of the crime of aggression by the ICC; cyber-attacks as aggression Recent war crimes jurisprudence and the treatment of war crimes in the US Department of Defense Law of War Manual A thorough revision of the ICC chapter including the Lubanga sentencing decisions and the Comoros decision on gravity Recent ICC jurisprudence on modes of liability Latest FCPA prosecution standards New cases on immunities and extradition Professors and students will benefit from: Versatility: Can be used for courses on international criminal law, and also for courses on US criminal law applied across borders Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law Detailed treatment of “headline” issues including torture, terrorism, and war crimes Readable background on historical context Teaching materials include: Comprehensive teacher’s manual, including the authors’ own teaching notes Discussion problems

Genocide, crimes against humanity, war crimes, ethnic cleansing are terms which in recent years have entered common usage. The worst cases of these crimes seen in the Yugoslav secession conflict and the Rwandan slaughter resulted in attempts by the international legal community to initiate an international mechanism for establishing criminal accountability. In 1998, after many States signed the Rome Statute, it was expected that justice would prevail over state power and impunity be eliminated. However there is a serious question mark over the effectiveness of this process. That is the starting point for this collection. It is not an acclamatory collection that is meant to celebrate the undoubted advances of international criminal justice. The articles in the first part show the importance of comparative criminal law research to the development of international criminal justice, and in the second part they deal with the foundations, substantive and procedural aspects of international criminal law.

A gripping behind-the-scenes account of the dramatic legal fight to hold leaders personally responsible for aggressive war On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord’s riveting insider’s account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war—and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.

Human trafficking has become the scourge of the 21st century, with child trafficking arguably its worst form. As vulnerable children are lured into prostitution, pornography and other forms of exploitation, there is only a patchwork legal regime trying to deal with child trafficking. This book assesses this legal regime, arguing that a more coordinated and international response is needed. Analyzing the moral and conceptual issues at stake across a wide variety of child trafficking cases – child prostitution, child pornography, forced “marriage,” corrupt “adoptions,” organ “donation,” refugee abuse, child soldiers, orphanage abuse, and “normal” parental child abuse – it goes on to argue that the crimes of child trafficking make apparent that there are conceptual, moral, and legal issues concerning child trafficking that differ from other kinds of crime including adult trafficking. Trafficking and the Conscience of Humanity puts forward the case that the crimes of child trafficking could, and should, be prosecuted by an international court such as the International Criminal Court.