Dissertations / Theses: 'Trials (Political crimes and o'

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Pappas, Caroline History Australian Defence Force Academy UNSW. "Law and politics : Australia's war crimes trials in the Pacific, 1943-1961." Awarded by:University of New South Wales - Australian Defence Force Academy. School of History, 1998. http://handle.unsw.edu.au/1959.4/38701.

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This dissertation examines the trial of Japanese war crimes conducted by Australia between 1945 and 1951; although the study commences in 1943, when the Government first focussed on the issue, and ends in 1961, when the issue was closed. Beyond providing an overview of the trials the thesis addresses the major criticism of the trials by looking at whether the trails were fair and if they fulfilled Australian aims. This is addressed within the context of the two elements of international law, the political, and the legal, and examined in each of the three sections. The Policy section establishes the political context of the trials by examining the influence of the international community and the Australian Government. Both influenced structure and progress rather than the final application of the law. When Australian attitudes were incongruous with international views, a perception that Australia was harsh and repressive developed even though justice was an important part of the Government???s agenda. A study of legal aspects of the trials commences in the Procedures section. Australia???s legislation and regulations are explained with particular emphasis on the more controversial aspects, and a comparison is made with the war crimes instruments of other Allies trying the Japanese showing many similarities between the regulations used by other nations and Australia???s. Procedures also discusses the framework for the Australian trials, the procedures used to bring a case to trial, the process used in court, the review process and the carrying out of sentences. Such a thorough study of the procedural basis is necessary to evaluate the individual trials. Practical examples of some of the procedural problems are also discussed in the following section ??? Practice. This section reviews a number of trials and the various types of crimes and the claims made in defence to show how Australia applied and interpreted the law. The study finds many similarities between Australia???s application of the law and the practice of other nations, indicating that Australian courts were applying what was considered to be customary expectations of behaviour. Throughout the trials there was little evidence of vindictiveness or revenge, either by Government or in the courts. Both were faced with significant problems, which were not always dealt with well but overall the trials were fair and those involved were concerned that justice should not only be seen to be done, but actually be done.

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Achterhof, Jeffrey L. ""A grand bloodbath" : the western reaction to Joseph Stalin's 1930s show trials as foreign policy /." Electronic version (PDF), 2007. http://dl.uncw.edu/etd/2007-3/achterhofj/jeffreyachterhof.pdf.

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Gillan, Troy. "Peacemaking through remaking: the international criminal tribunals and the political and social reconstruction of occupied Japan and Germany after 1945." Thesis, University of Canterbury. History, 2015. http://hdl.handle.net/10092/10841.

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This thesis analyses the processes through which the United States sought to influence the political and social reconstruction of occupied Japan and Germany in the aftermath of the Second World War. An important aspect of this was debate within the US over what kind of peace settlement to be imposed on the defeated states. The debate over whether this settlement should be harsh or more moderate involved different visions of the political and social reconstruction and futures of Japan and Germany. While both arguments shared the same basic aims of democratisation, deradicalisation, and demilitarisation, they different substantially on how to achieve these aims. One aspect of moderate plans was the establishment of international criminal tribunals to try the leadership of the defeated regimes deemed responsible for the atrocities committed. An important part of the prosecution arguments was the idea of the victimisation of the Japanese and German people by their own governments. This was an important part of moderate peace arguments and extended into the political and social reforms implemented during the occupations. This idea of victimisation was not only held by the Japanese and German people, but by the occupiers as well.

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Mohan, Mahdev. "The paradox of victim-centrism : a case study of the civil party process at the Khmer Rouge Tribunal /." Thesis, Scroll list to author, 2009. http://www.law.stanford.edu/publications/dissertations_theses/.

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Thesis (J.S.M.)--Stanford University, 2009.
Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "April 2009." Includes bibliographical references (leaves 78-82). Abstract available online.

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Cruywagen, Dennis, and Andrew Drysdale. "The Argus: Mandela, the Rivonia Trial, life or death?" The Argus, 1990. http://hdl.handle.net/10962/76172.

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The Rivonia treason trial started on October 9, 1963, the same day that former Cape Town coloured singer Danny Williams made front page headlines by marrying a white girl in London. Those were the days when apartheid, not as “reformed” as it is today, was rigorously applied by the National Party government. Love, sex and marriage across the colour line were forbidden. Crooner Williams, 31, then riding the crest of the pop wave with his ballad “Moon River”, took his vows with Bobbi Carole, who married him against the wishes of her parents. Williams, fearing persecution, told an interviewer he would not be welcome in South Africa again. But most prominent by far on the front page that day was the Rivonia treason trial. A report from Pretoria — following the style of the times — said: “Eleven men — four whites, one Indian and six Natives — went on trial in the Supreme Court here today before Mr Justice Quartus de Wet (Judge President of the Transvaal) on charges of sabotage and of offences under the Suppression of Communism Act and of contravening the Criminal Law Amendment Act.”
Supplement to The Argus, Wednesday February 7 1990
Exclusive Part 2

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Klaaren, Jonathan Eugene. "A contextual history of Christian institutional involvement in legal assistance to the victims of apartheid, 1960-1982." Master's thesis, University of Cape Town, 1988. http://hdl.handle.net/11427/14340.

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Bibliography: leaves 120-126.
The perspective of this dissertation is one grounded in taking an option for the poor and the oppressed in the South African context. Ultimately, this perspective is a theological belief. The perspective is thus that of an explicit choice against apartheid and for social justice. This choice is made on the basis of a social analysis of the South African context. The attempt to write this dissertation from the perspective of the poor and the oppressed is unlikely to succeed completely. As a privileged white, the perspective of the author cannot be fully identified with that of the poor and the oppressed in South Africa. Nonetheless, the attempt is made to write this dissertation from a liberating perspective.

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Gould, Chandré. "South Africa's chemical and biological warfare programme 1981-1995." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1002396.

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In 1981 the apartheid military initiated a chemical and biological warfare (CBW) programme (code-named Project Coast). The programme, terminated in 1993, was aimed at developing novel irritating and incapacitating agents for internal and external use, covert assassination weapons for use against apartheid opponents, and defensive equipment for use by South African Defence Force (SADF) troops in Angola. The CBW programme was driven by a single individual, Dr Wouter Basson, who reported to a military management committee (the Co-ordinating Management Committee) which comprised a select group of high ranking officers. Practical and financial oversight of the programme was weak which allowed both for the abuse of programme funds and for senior military officers to deny knowledge of aspects of the programme. The biological component of Project Coast was conducted in violation of the commitments of the South African government to the Biological and Toxins Weapons Convention (BTWC). While the state’s commitment to the BTWC was one of the factors considered when initiating the programme, it was not a sufficient constraint to prevent the development of the biological weapons programme, but rather influenced its structure such that the programme could avoid national and international detection. Despite efforts to conceal the military front companies where the chemical and biological warfare (CBW) research and development was undertaken, evidence presented in this thesis shows that the United States had sufficient information about the programme to have been aware of its existence. Yet, it was only in 1993, on the eve of the democratic election in South Africa, that any attempt was made by the US administration to pressure the government to terminate the programme. This thesis considers the factors which influenced the decision to develop Project Coast; the structure and nature of the programme; the motivations of scientists to become involved in the programme and remain involved; the use of chemical and biological agents against opponents of the state, and the factors which influenced the termination of the programme on the eve of the first democratic elections in 1994. It also considers the nature and exent of international support, both tacit and overt, for the programme and argues that the failure of Western nations to call for the termination of the programme before the early 1990s was a function of political expediency and indicates a significant weakness in the ability of international agreements to constrain the development of such programmes.

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Wanderley, Erika Kubik da Costa. "As auditorias militares no aparato repressor do regime ditatorial (1965-1968)." Universidade Federal de São Carlos, 2009. https://repositorio.ufscar.br/handle/ufscar/971.

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The central objective of this research is to understand the relations established between the first instance of the Brazilian Military Justice the military audits and the repressive apparatus built by the Brazilian military regime in the period of institutionalization that starts with the edition of the second Institutional Act, in October of 1965 and finishes with the publication of the fifth Institutional Act, in December of 1968. The choice of this organ as an object of investigation is essentially, due to its importance in the legal architecture of the regime, mainly after the alterations established by the second Institutional Act, that transferred to the Military Justice the competence to prosecute and judge civil accused of crimes against the national security. The main analytic focus concentrated in the political judgments realized by this instance and the empirical material consisted essentially in primary fonts, of documentary character.
O objetivo central desta pesquisa é entender as relações estabelecidas entre a primeira instância da Justiça Militar brasileira as auditorias militares e o aparato repressor montado pelo regime militar brasileiro no período de institucionalização que se inicia com a edição do segundo Ato Institucional, em outubro de 1965 e termina com a publicação do quinto Ato Institucional, em dezembro de 1968. A escolha deste órgão como objeto de investigação se deve, essencialmente, à sua importância na arquitetura jurídica do regime, principalmente depois das alterações estabelecidas pelo segundo Ato Institucional, que transferiu para a Justiça Militar a competência para processar e julgar civis acusados de crimes contra a segurança nacional. O foco analítico principal se concentrou nos julgamentos políticos realizados por esta instância e o material empírico consistiu essencialmente em fontes primárias, de caráter documental.

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Al-Yaqout, Khaled A. A. "Judicial punishment for war crimes : application of the international legal regime to the case of Iraqi crimes against Kuwait." Thesis, Keele University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269117.

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Stent, Alison. "Reading the Sowetan's mediation of the public's response to the Jacob Zuma rape trial: a critical discourse analysis." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1002940.

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In this minithesis I conduct a critical discourse analysis to take on a double-pronged task. On the one hand I explore the social phenomenon of the contestation between supporters of then-ANC deputy president Jacob Zuma and supporters of his rape accuser. The trial, which took place in the Johannesburg High Court between mid-February and early May 2006, stirred intense public interest, both locally and internationally. The performance of thousands of Zuma’s supporters and a far smaller number of gender rights lobby groups, both of whom kept a presence outside the court building throughout the trial, received similar attention. Second, I examine how the Sowetan, a national daily tabloid with a black, middle-class readership, mediated the trial through pictures of the theatre outside the court and letters to the editor. The study is informed by post-Marxist and cultural studies perspectives, both approaches that are concerned with issues of power, ideology and the circulation of meaning within specific sociocultural contexts. A rudimentary thematic content analysis draws out some of the main themes from the material, while the critical discourse analysis is located within a theoretical framework based on concepts from Laclau & Mouffe’s theory of meaning, which assumes a power struggle between contesting positions seeking to invalidate one another and to either challenge or support existing hegemonies. This is further informed by, first, Laclau’s theorisation of populism, which assumes that diverse groupings can unite under a demagogue’s banner in shared antagonism towards existing power, and second, by concepts from Mamdani’s theorisation of power and resistance in colonial and post-colonial Africa, which explicates three overarching ideological discourses of human rights, social justice and traditional ethnic practices. The study, then, explores how these three discourses were operationalised by the localised contestations over the trial.

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Chandler, Abby. "At the Magistrate's Discretion: Sexual Crime and New England Law, 1636-1718." Fogler Library, University of Maine, 2008. http://www.library.umaine.edu/theses/pdf/ChandlerA2008.pdf.

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Cocks, Harry Gauthier. "Abominable crimes: sodomy trials in English law and culture, 1830-1889." Thesis, University of Manchester, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.573502.

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Yavnai, Elisabeth M. "Military justice : the U.S. Army crimes trials in Germany, 1944-1947." Thesis, London School of Economics and Political Science (University of London), 2007. http://etheses.lse.ac.uk/3029/.

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In the aftermath of World War II the United States embarked on the largest-scale war crimes punishment program in its history. In addition to the well-publicized trials of the Nazi leadership at Nuremberg the U.S. Army prosecuted 1,676 lesser war criminals in the American zone of occupation in Germany. The Dachau trials, as they later became known, were the culmination of the Army's concentrated effort to investigate, apprehend, and interrogate suspected war criminals in the last months of the war. The trials revived the American tradition of war crimes prosecution in military courts. Their purpose was to punish the perpetrators, educate the public about the crimes of the Nazi regime, and help democratize the Germans. The defendants included Nazi military and state officials, concentration camp personnel, as well as German civilians accused of killing and mistreating allied nationals in violation of the laws of war. The trials provided the earliest glimpse into the identity of individual perpetrators, life in the Nazi concentration camps, and the attitudes of the German population toward captured American prisoners of war. This study examines the role of the U.S. Army in bringing war criminals to justice in Germany. It explores the historical, political, legal, and military origins, implementation, and significance of the Dachau trials. It argues that through a systematic judicial response to Nazi crimes, the Army helped punish the perpetrators, protect its troops, and advance American occupation goals in Germany. Yet legal limitations prevented the Army from addressing certain Nazi-perpetrated crimes or presenting a coherent historical narrative that could have assisted in reshaping German collective memory. Nevertheless, through the Dachau trials the Army provided some degree of retribution; created a symbolic separation of Germany's past from its future; and promoted an early discussion on individual guilt and acceptance of history.

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Shreve, Johanna R. "Anti-LGB Hate Crimes: Political Threat or Political Legitimization?" PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4465.

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While activists and others have argued that the legitimization of biased attitudes and stereotypes by political leaders foments violence against minority groups, criminological research in the U.S. has focused more on "threat" hypotheses that view hate crime as a retaliatory response to perceived gains or encroachment of targeted groups. Another view suggests that heightened public visibility of hate crimes or other bias issues, usually in the form of media coverage, increases hate crimes. This study compares the effect on anti-LGB crimes of events representing political threat (a court decision legalizing marriage equality) and political legitimization of bias (passage of a ban on marriage equality), both of which occurred in California in 2008. The study also tests effects of media coverage prior to the ban on marriage equality. Results showed a statistically significant increase in anti-LGB hate crimes after the ban on same-sex marriage. There was no effect on anti-LGB crime counts after the court decision to legalize marriage equality, or during the media campaign leading up to the vote to ban marriage equality.

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Buckthorp, Kirsty-Ann. "The politics of justice : Anglo-American war crimes policy during the Second World War." Thesis, University of Birmingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367623.

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Abdullahi, Abdurahman. "Tribalism, nationalism and Islam : the crisis of political loyalty in Somalia." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69570.

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This thesis deals with the crisis of political loyalty in Somalia. The analysis is based on an elitist perspective which permits a more satisfactory integration of all levels of Somali society than is possible with familiar "clanist" or "social theory" interpretations. The paper gives details of the three leading ideological groups in Somalia over the past three decades--the Tribalists, Nationalists and Islamists. It demonstrates how the future of the nationalists' imported models of government and policies to contain tribalism culminated in the re-emergence of tribalism, now in more militant political form. The author presents Islam as an important political component and analyses the Islamic Movement in Somalia as a potential alternative political force for the future. The Islamists may be successful if they overcome internal divisions, personality cults and isolation from society, and adopt a moderate realistic attitude on social issues.

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Narayanan, Arujunan. "Second World War Japanese atrocities and British minor war crimes trials : the issue of fair trial in four selected British minor war crimes trials in Malaya and Singapore in 1946-1947." Thesis, Aberystwyth University, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443698.

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Park, Erica. "The Trials of a Comfort Woman." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/113.

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The trials of a comfort woman was never revealed after the conclusion of WWII. More than half a century has passed before the name was uttered on the international stage. Why the sudden break of silence? What is the response of the Japanese government. In this paper, we discuss the issue of the comfort women and the the political implications it holds on Japan. Japan's failure to accept wartime reparation, largely due to Allied intervention, has resulted in the widening gap between Japan and Asia. This paper focuses on the combination of increased US influence as a result of the San Francisco Treaty of 1951 and Japan’s fervent nationalistic identity served to widen the gap between Japan and other East and Southeast Asian nations, making reconciliation over the issue of comfort women a problem that remains unresolved to this day.

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Volejnik, Adriana Cristina Pino. "A prova pericial cont??bil na A????o Penal 470: o caso Mensal??o / Adriana Cristina Pino Volejnik." FECAP, 2017. http://tede.fecap.br:8080/jspui/handle/jspui/736.

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Made available in DSpace on 2017-08-15T20:21:00Z (GMT). No. of bitstreams: 2 Adriana Cristina Pino Volejnik.pdf: 3552207 bytes, checksum: ce70bc720af6e42f000e13a805cc35e9 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2017-01-26
This is a study about how the legal evidence was organized within the criminal sphere, the reason behind it and how this forensic accounting report was added into the Court Case number 470 (AP 470/2007), the "Mensal??o". Structured on both qualitative research and the analysis of the case files (about 63.000 pages until the rulling) through a protocol based on Dempster's Evidence Theory. The data was structured, categorized and classified to allow not only for better identification of the main phases of the "Mensal??o" and of it's documentation, but also to identify characteristics on both technical evidence and forensic accounting report. Throughout the process, 215 pieces of technical evidence were found, of which 30 were mentioned at the rulling by Ministers of the Supreme Court, rapporteur and proofreader. Among these 30 where the 8 main reports made by the Brazillian Federal Police's accounting expert, reggarded as the most solid and complete documents on the AP 470/2007 case. The whole process estabilished the forensic accounting within the criminal sphere, seeing how it transformed financial transgression into something tangible. It estabilished the role of the accounting expert as an asset to solve both criminal and legal questions, as well reinforcing the importance of the forensic accounting as a powerfull tool in the battle against corruption.
Esta pesquisa investigou como foi organizado o conjunto probat??rio no ??mbito criminal, o prop??sito e a forma das provas periciais cont??beis juntadas ?? A????o Penal 470, o Caso Mensal??o. ?? uma pesquisa qualitativa e documental. Foi analisada a ??ntegra dos autos da A????o Penal 470 (cerca de 63.000 p??ginas, at?? a emiss??o do Ac??rd??o), com o uso de um protocolo de an??lise, apoiado na Teoria das Provas. O material foi sistematizado por meio de classifica????o e categoriza????o dos dados, o que permitiu identificar as principais fases do processo e pe??as processuais, as caracter??sticas das mat??rias t??cnico-cient??ficas e dos laudos periciais cont??beis. Foram localizadas 215 provas de natureza t??cnica. Dessas, 30 foram mencionadas no Ac??rd??o pelos Ministros do STF, Relator e Revisor, sendo 8 os Laudos periciais cont??beis estudados, produzidos por peritos cont??beis da Pol??cia Federal, por terem sido as provas cont??beis mais robustas da AP 470/2007. Foi constatada a utilidade da per??cia cont??bil no ??mbito criminal, na medida em que trouxe materialidade a crimes de natureza patrimonial financeira. Constatou-se como atuam os peritos oficiais para colaborar na resolu????o de quest??es legais, em atendimento ??s demandas do conjunto de operadores legais do Mensal??o. Busca-se contribuir para consolidar o entendimento sobre a import??ncia da per??cia cont??bil no combate ?? corrup????o.

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Sharples, Caroline Louise. "A liberal turn? : war crimes trials and West German public opinion in the 1960s." Thesis, University of Southampton, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.438042.

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Bloxham, Donald. "Genocide on trial : war crimes trials and the formation of Holocaust history and memory /." Oxford : Oxford university press, 2003. http://catalogue.bnf.fr/ark:/12148/cb390951061.

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Texte remanié de: Ph.D.--Southampton, 1998. Titre de soutenance : The Holocaust on trial : the war crime trials in the formartion of history and memory.
Documents en annexes (verdicts du procès de Nuremberg et d'autres procès). Bibliogr. p. 233-261. Index.

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Cheah, Wui Ling. "Justice for strangers : culture and communication in the Singapore war crimes trials, 1946-1948." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:4cf3b1d8-30a7-441a-b7e6-67b9c8b2c57b.

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This dissertation, entitled Justice for Strangers, is an in-depth historical and socio-legal analysis of 131 war crimes trials conducted by the British military in Singapore after the Second World War (the Singapore Trials). These trials involved diverse participants who spoke different languages and hailed from different legal systems and cultures: British and Allied judges and prosecutors; Japanese, Taiwanese and Korean accused; Japanese defence counsel; and hundreds of Asian witnesses from as far afield as the Andaman and Nicobar Islands in the Indian Ocean. My dissertation is based on under-explored archival material and is also the first comprehensive study of the Singapore Trials, trials that are important because of their regional scope. After the war, Singapore served as the hub for British war crimes investigations in Asia. Allied judges and lawyers from Australia, the U.S. and the Netherlands participated in the Singapore Trials. Defendants were prosecuted for war crimes committed not only in Singapore but throughout the region. The Singapore Trials thus reveal much about British and Allied war crimes policy in Asia. This study is organised around three questions: (a) How did the cultural difference between trial participants give rise to problems of language, participation, and argumentation; (b) How did judges respond to these problems and why did they choose to do so in particular ways; (c) What could have been done better in the Singapore Trials and what lessons do these trials hold for present-day war crimes trials. Among others, my findings confirm that participants need to share a certain amount of shared cultural knowledge for effective communication at trial. Cultural learning is nevertheless possible, and judicial intervention can minimise the impact of culturally related communication problems.

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Antoff, Theresa L. "Negotiating intimacies : the trial of Katharine Nairn and Patrick Ogilvie for the crimes of incest and murder." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237793.

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Bloxham, Donald. "The Holocaust on trial : the war crimes trials in the formation of history and memory." Thesis, University of Southampton, 1998. https://eprints.soton.ac.uk/42317/.

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The thesis considers the educational function of the trials of Nazis by the British and American authorities after the Second World War. As has generally been overlooked in the literature, legal proceedings were instituted not only to punish the abhorrent actions of the Third Reich, but also to provide an historical record for the edification of victors, vanquished and posterity alike. The route from this Allied intention to its fulfillment was not a straightforward one, however, bedeviled by enduring preconceptions of Nazi criminality on all sides, and by the very nature of the legal process. To illustrate by case study the difficulties of disclosing information through the trial medium, the theme of the murder of the European Jews has been selected. The limiting influence of British and American socio-cultural and politico-legal norms on the parameters of the trials is developed in the first section. This analyses the prosecutorial methods with which it was considered the didactic aims would best be achieved, alongside the prevailing trend towards downplaying the particular identity of the chief victims of Nazism. The image of the Jewish catastrophe thus compiled as theory was translated into reality in the Allied courtrooms is the initial focus of the second section. That deals with the problematic image of the 'concentration camps' established in a selection of trials; and with the influence of such proceedings upon the academic historiography of the Holocaust. Finally, the thesis confronts the popular receptivity in Britain, the USA and West Germany to the information made available.

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Binneh-Kamara, Abou. "Media reporting of war crimes trials and civil society responses in post-conflict Sierra Leone." Thesis, University of Bedfordshire, 2015. http://hdl.handle.net/10547/618559.

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This study, which seeks to contribute to the shared-body of knowledge on media and war crimes jurisprudence, gauges the impact of the media’s coverage of the Civil Defence Forces (CDF) and Charles Taylor trials conducted by the Special Court for Sierra Leone (SCSL) on the functionality of civil society organizations (CSOs) in promoting transitional (post-conflict) justice and democratic legitimacy in Sierra Leone. The media’s impact is gauged by contextualizing the stimulus-response paradigm in the behavioral sciences. Thus, media contents are rationalized as stimuli and the perceptions of CSOs’ representatives on the media’s coverage of the trials are deemed to be their responses. The study adopts contents (framing) and discourse analyses and semi-structured interviews to analyse the publications of the selected media (For Di People, Standard Times and Awoko) in Sierra Leone. The responses to such contents are theoretically explained with the aid of the structured interpretative and post-modernistic response approaches to media contents. And, methodologically, CSOs’ representatives’ responses to the media’s contents are elicited by ethnographic surveys (group discussions) conducted across the country. The findings from the contents and discourse analyses, semi-structured interviews and ethnographic surveys are triangulated to establish how the media’s coverage of the two trials impacted CSOs’ representatives’ perceptions on post-conflict justice and democratic legitimacy in Sierra Leone. To test the validity and reliability of the findings from the ethnographic surveys, four hundred (400) questionnaires, one hundred (100) for each of the four regions (East, South, North and Western Area) of Sierra Leone, were administered to barristers, civil/public servants, civil society activists, media practitioners, students etc. The findings, which reflected the perceptions of people from large swathe of opinions in Sierra Leone, appeared to have dovetailed with those of the CSOs’ representatives across the country. The study established that the media’s coverage of the CDF trial appeared to have been tainted with ethno-regional prejudices, and seemed to be ‘a continuation of war by other means’. However, the focus groups perceived the media reporting as having a positive effect on the pursuit of post-conflict justice, good governance and democratic accountability in Sierra Leone. The coverage of the Charles Taylor trial appeared to have been devoid of ethno-regional prejudices, but, in the view of the CSOs, seemed to have been coloured by lenses of patriotism and nationalism.

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Ertür, Başak. "Spectacles and spectres : political trials, performativity and scenes of sovereignty." Thesis, Birkbeck (University of London), 2015. http://bbktheses.da.ulcc.ac.uk/110/.

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Political trials are generally understood as extraordinary events in the life of liberal democracies, dramatically staging claims to and contests over political authority and legitimacy. Notably, political trials often attract commentary on their theatrics whereby the spectacle becomes a matter of uneasy scrutiny, despite the tacit crosscultural acknowledgment that the trial is an inherently theatrical form. This thesis is an attempt to conceptualise the political operations and effects of the relation between performance and performativity in trials, treating these as separate but related terms. It proposes a new framework for studying political trials by drawing on theories of performativity (J.L. Austin, Jacques Derrida, Judith Butler, Shoshana Felman, Stanley Cavell) which assist not only in rethinking the role and effects of performance in trials, but also in introducing a multivalence to the meaning of ‘political’ in political trials. In other words, performative theory allows the formulation of the politics of trials beyond its standard conception in terms of the utilisation of legal procedure for political ends or expediency, instead attuning us to the unconscious processes, inadvertent gestures, ghostly operations, structural infelicities and other similar dynamics that recast the political effects of legal proceedings. This thesis is therefore an attempt to conceptualise the spectacles and spectres of justice at the intersection of law and politics. In addition to incorporating brief discussions of various 20th and 21st century political trials to develop this theoretical framework, it offers close studies of three cases: the 1921 Berlin trial of Soghomon Tehlirian, and two contemporary ‘deep state’ trials from Turkey – the Ergenekon trial, and the Hrant Dink murder trial. A sustained concern is with legacies of political violence, how they are addressed or contained by law, and how they are perpetuated by law.

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Sommer, Heather J. "Of Crimes and Calamities: Marie Antoinette in American Political Discourse." Miami University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=miami1532967916465092.

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Albertyn, Catherine Hester. "A critical analysis of political trials in South Africa 1948-1988." Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292803.

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Grunwald, Ernest Henning Edmund. "Party lawyers, political trials and judicial culture in the Weimar Republic." Thesis, University of Cambridge, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.619526.

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Franzki, Hannah C. "Criminal trials, economic dimensions of state crime, and the politics of time in international criminal law : a German-Argentine constellation." Thesis, Birkbeck (University of London), 2018. http://bbktheses.da.ulcc.ac.uk/304/.

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In the past thirty years, International Criminal Law (ICL) has established itself as an influential framework through which claims for justice in relation to the past can be mediated. This thesis offers a critique of the particular way in which ICL links history, law and justice. To this end, it contrasts a transitional justice perspective on trials in response to state crime, with one that looks at such trials as sites of competing politics of time. While the former focuses on the stabilisation of political authority, the later privileges its destabilisation. This perspective is then brought to bear on two sets of trials. These are, on the one hand, the trials of German industrialists conducted by the Allies in the wake of World War II (1939-1945) and, on the other hand,the ongoing trials in Argentina which seek to address the economic dimensions of the last Argentinian dictatorship (1976-1983). Through the reading of these trials, ICL is shown to be a liberal concept of historical justice, not (merely) because it focuses on individual responsibility or because it seeks to foster the liberal rule of law, but, more importantly, because it understands the economic dimensions of state crime according to the ontological separation of the state and the economic which is inherited from political liberalism. As a consequence, ICL tends to authorise a liberal democratic order, while sidelining other political imaginaries and related claims to justice, especially those that would involve a reshaping of the political economy on which liberalism rests. This argument is developed in two parts. The first part, consisting of three chapters, contrasts what has become the predominant perspective from which to study trials in response to state crime, namely transitional justice, with a theoretical framework inspired by the work of Walter Benjamin – in particular, his philosophy of history and his critique of violence. The central difference between these approaches, this thesis will argue, lies with the way in which each conceives of the promise of justice that comes with the memory of past violence. Transitional justice literature links the duty to remember past violence to the promise of fostering a particular juridico-political order, namely the liberal rule of law. Walter Benjamin, by contrast, is interested in the past’s ability to expose the foundational violence of the present juridico-political order. Against this backdrop, the promise of trials in response to state crime can be located only at the place, where they unearth ‘rags of history’ that, if read, expose not only the the violence of the past, but also that of the present, thereby opening it anew for contestation. Chapters Four, Five and Six put this theoretical framework to work in close readings of several criminal trials which deal with the economic dimensions of state crime conducted in post-World War II Germany and contemporary Argentina. These readings bring into relief the way in which the ontological underpinnings of political liberalism – such as the separation of the economic from the political, and the categorisation of violence according to sanctioned and non-sanctioned manifestations – structures the way that ICL makes sense of the economic dimensions of state crime.

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Manirakiza, Pacifique. "La répression des crimes internationaux devant les tribunaux internes." Thesis, University of Ottawa (Canada), 2003. http://hdl.handle.net/10393/29060.

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Le phénomène criminel est inhérent à toute société. Actuellement, la criminalité internationale est devenue un phénomène fréquent et très préoccupant pour la communauté internationale dans son ensemble. En effet, la commission des crimes internationaux les plus graves comme le génocide, les crimes de guerre et les crimes contre l'humanité porte gravement atteinte aux valeurs communes jugées fondamentales pour l'humanité entière. De par la complexité de ces à ces graves de violence et l'extrême barbarie qui entoure leur commission, la communauté internationale a mis en place des mécanismes juridiques et institutionnels de protéction estimés efficaces pour juguler ce phénomène afin d'en prévenir la récurrence. Ainsi, des juridictions pénales internationales ont été créées où sont sur le point de l'être. Cependant, en raison de l'ampleur du phénomène criminel international, les juridictions internationales ne sauraient, à elles seules, venir à bout de l'impunité qui en résulte. Les juridictions répréssives étatiques sont donc interpellées pour prêter main-forte aux tribunaux internationaux dans la lutte contre l'impunité du crime international. En vertu du droit pénal international, les tribunaux internés peuvent intervenir sous plusieurs titres de compétence en l'occurrence la territorialité, la personnalité et l'universalité. Néanmoins, quoique juridiquement habilitées par le droit international à assurer la répression des crimes internationaux, certaines juridictions étatiques font face à plusieurs obstacles et contraintes de plusieurs ordres qu'elles deviennent incapables où se montrent moins enthousiastes pour engager de veritables poursuites pénales pour crimes internationaux. Il s'agit en l'occurrence des tribunaux des États qui sortent d'un conflit arme, d'une crise humanitaire ou d'une dictature qui ont rendu l'appareil judiciaire ineffectif et/ou inefficace. L'exemple du Rwanda est à cet égard très éloquent. Dans ce cas, la communauté internationale pour le compte de laquelle la justice est rendue à le devoir de venir en aide à ces appareils judiciaires étatiques afin d'en renforcer la capacité pour leur permettre de mieux assumer convenablement cette noble mission d'administration interne de la justice pénale internationale. Une telle intervention de la communauté internationale aboutit à l'internationalisation de la fonction judiciaire qui se traduirait par la mise en place de juridictions pénales internationalisées spécifiquement chargées du traitement judiciaire du génocide, des crimes de guerre et des crimes contre l'humanité. (Abstract shortened by UMI.)

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Fletcher, Megan. "Along the road to reconciliation the challenges facing the truth commissions of El Salvador and Guatemala /." Diss., Connect to the thesis, 2004. http://hdl.handle.net/10066/1509.

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Cadd, Larissa J. "The Australian War Crimes Act 1945 (as amended 1988) : a political perspective /." Title page,contents and abstract only, 1993. http://web4.library.adelaide.edu.au/theses/09AR/09arc121.pdf.

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Sharman, Claire Louise. "War crimes trials between occupation and integration : the prosecution of Nazi war criminals in the British zone of Germany." Thesis, University of Southampton, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445491.

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Brino, Eileen. "The Responsibility to Prevent| Neocolonialism, Poverty and Mass Atrocity Crimes in Africa." Thesis, State University of New York at Albany, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10812518.

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The Responsibility to Protect principle was founded on the premise that sovereignty requires responsibility. The principle establishes the responsibility of states to protect their citizens from mass atrocity crimes and shifts the responsibility to the international community if states fail. This thesis explains how former colonies have had particular difficulty in meeting this responsibility and often fail to protect their populations from things like severe poverty and human rights abuses including mass atrocity crimes. In former colonies the matter of responsibility is complicated by the residual effects of colonial policies that often leave former colonies impoverished, dependent, socially fragmented and with a limited capacity protect their populations. In addition, foreign and international entities such as global financial institutions and transnational corporations often hold significant power in former colonies and even make decisions regarding national budgets and the use of the military.

This thesis employs a postcolonialist approach to analyze four cases of mass atrocity crimes in Rwanda, Sudan, Cote d’Ivoire and Nigeria. This thesis argues that since, in former colonies, foreign and international entities wield power tantamount to state power they bear responsibility and should be held accountable like states. This thesis also argues that a postcolonial interpretation of the Responsibility to Protect would recognize the implied negative duty of foreign and international entities that possess agency and therefore bear responsibility to not contribute to massive human rights violations namely mass atrocity crimes and hold them accountable if they do.

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Jones, John D. W. "A New World Order| The Trials and Tribulations of American Primacy." Thesis, Georgetown University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10643418.

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Over the past twenty-five years, the United States has moved from optimism to considerable pessimism about its role to do well in the world. Indeed, President George H.W. Bush’s “New World Order” stands unquestionably in stark contrast to today’s reality; from failed states in Africa to aspiring if not un-stabilizing states in Asia. Yet, when faced with such problems the United States does not know what it stands for, or what to do about them. In short, since emerging as a superpower the United States has, until of late, known what role it must play in terms of global leadership; whether it was making the world safer for democracy or in charge of a global economic order. Nevertheless, since the collapse of the Soviet Union, the American led geo-political system, as a whole, has become more unstable not less.

Using a multidimensional approach this thesis sets out a trio of structural factors: (1) Superpower China; (2) A liberal international order that is neither liberal, nor international, nor orderly; (3) Failed American foreign policy. Combined, these three factors have emerged to mean that American primacy is in real danger. This thesis also proposes that for Pax Americana to continue there must emerge a consistency between American values and the grand strategy that it pursues.

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Lawson, Cecil Bryant. "Leviathan's Rage: State Sovereignty and Crimes Against Humanity in the Late Twentieth Century." Amherst, Mass. : University of Massachusetts Amherst, 2009. http://scholarworks.umass.edu/open_access_dissertations/13/.

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Dwyer, Peter Gerard. "The South African liberation struggle and beyond : the trials and tribulations of people making history." Thesis, University of East Anglia, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273512.

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Morgan, Carolyn Morgan. "Fear & loathing in the Vaterland: hate crimes and immigrant political engagement in modern day Germany." The Ohio State University, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=osu1498210134564422.

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Yau, Peter. "The administration of criminal justice in Hong Kong the Carrian case /." Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B3197613X.

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Lemieux, Scott. ""Constitutional politics and the political impact of abortion litigation : judicial power and judicial independence in comparative perspectives" /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/10756.

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Morris, Stephen David. "The causes, consequences and dynamics of political corruption in Mexico." Diss., The University of Arizona, 1988. http://hdl.handle.net/10150/184518.

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Despite the pervasiveness of political corruption in Mexico, the topic has received little scholarly attention. Two objectives guide the current study: to contribute to the comparative literature on political corruption, and to incorporate corruption into an analysis of Mexican politics broadly conceived. Prompted by a host of problems with prior approaches to the study of corruption, the theoretical framework highlights the separation of the normative and behavioral dimensions of the central concept, ties corruption to a three-part model of the state and identifies bribery and extortion as two primary types of corruption. A state-society theory of corruption is presented that underscores the relative balance of state and social forces to offer routes of social mobility as the major determinant of political corruption. The direction of the imbalance between state and society determines, in turn, the bribery or extortion type of corruption dominating the system. Applying this framework, attention centers on the causes, consequences and dynamics of political corruption in Mexico. As to cause, it is argued that the overwhelming power of the Mexican state and the relative weakness of social organizations create the incentives for widespread extortion. Analysis focuses on factors internal to the state, the linkages between state and society and general aspects of society. Data on corruption are used to examine types of corruption, bureaucratic location and denouncing parties. In terms of the consequences of corruption, analysis underscores its contribution to political stability by integrating the political elite, cushioning the impact of policy, displacing political accountability and serving as a symbolic device to mobilize society. Although corruption has fostered widespread distrust of the government and governmental officials among the public, it is portrayed and seen as a non-systemic problem and hence does not erode diffuse system support. A survey of public opinion confirms high levels of distrust and shows such factors as socio-economic status and political involvement to be weak yet significant determinants of opinions towards corruption. Examination of the dynamics of corruption center on the short-term impact of the Mexican sexenio (six year political term) on the incidence and intensity of corruption and anti-corruption campaigns. Also, analysis focuses on the "crisis of corruption" characterizing Mexico in the decade of the eighties.

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Gassama, Diakhoumba. "Accountability and prosecution in the Liberian transitional society: lessons from Rwanda and Sierra Leone." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=init_3458_1180416748.

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In the aftermath of World War Two, the International Community has shown a renewed commitment towards the protection of human rights. However, whether during wars or under dictatorial regimes, numerous human rights abuses occurred everywhere in the world, from Latin America to Eastern Europe and from Southern Europe to Africa. Countries which experienced oppressive governance or outrageous atrocities has to address the legacies of their past on the return of democratic rule or peace. In other words, they had to emerge from the darkness of dictatorship or civil war in order to establish a democracy. Today, after 14 years of civil war, Liberia is faced with the challenge of achieving a successful transition where the imperatives of truth, justice and reconciliation need to be met. The purpose of this research paper was to make some recommendations on the way the accountability process in Liberia should be shaped as far as prosecution is concerned.

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Weisers, Marie-Anne. "Juger les crimes contre les Juifs: des Allemands devant les tribunaux belges, 1941-1951." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209269.

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La thèse porte sur le travail effectué par la justice belge, après la Seconde guerre mondiale, face aux crimes commis par les Allemands contre les Juifs. L'étude porte d'abord sur la mise en place du cadre juridique international et national. Ensuite, elle tente de montrer à travers une étude de cas comment, malgré un cadre juridique trop étroit, les juridictions militaires belges ont tenté de poursuivre et condamner les responsables allemands des persécutions raciales.
Doctorat en Histoire, art et archéologie
info:eu-repo/semantics/nonPublished

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Norton, Michelle Lesley. "Judges and politics : a study of sentencing remarks in South African political trials, 1960-1990." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323677.

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Derbew, Sarah. "Educatio et alimenta puellis munificence or political tricks of emperors? /." Diss., Connect to the thesis, 2009. http://hdl.handle.net/10066/3591.

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Kuner, Janosch O. A. "The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1823_1363782732.

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This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The
proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law.

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Lewis, Mark. "International legal movements against war crimes, terrorism, and genocide, 1919-1948." Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1710343761&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Jones, Leslie Tara. "Arthur Gooch : the political, economic, and social influences that led him to the gallows /." Read thesis online, 2010. http://library.uco.edu/UCOthesis/JonesLT2010.pdf.

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Mahony, Christopher. "International crimes prosecution case selection : the ICC, ICTR, and SCSL." Thesis, University of Oxford, 2013. https://ora.ox.ac.uk/objects/uuid:a390aead-46cb-42bb-baa7-431540692d9d.

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International crimes prosecutions have become more common since 1993, both domestically and at international courts and tribunals. The advance of this norm confronts realist state interests causing debate about the norm's status. Kathryn Sikkink views a norm as cascading when enough states adopt it to cause international influence, without domestic pressure, to procure levels of conformity. This thesis considers the degree of conformity by observing the level of case selection independence to determine whether this norm is cascading. By identifying the jurisdictional and functional elements of case selection independence, I develop a framework for observing the interface between politics and law. While Sikkink errs towards the quantity of international crimes prosecutions, I focus on the quality. This project examines case selection independence at the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court, in Uganda. The project considers whether case selection has become more or less independent at these courts - whether the norm of international crimes prosecution has cascaded or contracted. In observing the various case selection independence elements I attempt to explain the observed cascades and contractions at each court. I then consider whether a cascade or contraction occurred during the period of the courts' collective design and function. The research qualitatively observes a cumulative justice contraction. The research observes a combination of factors affecting case selection independence, including shifts in power dynamics between and among weak and powerful states, increasing state sophistication in international court engagement, a shift in jurisdiction triggering actors and forums, and realist state co-option of norm entrepreneurs via endearing explanation of independence-diminishing policies.

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Dissertations / Theses on the topic 'Trials (Political crimes and o'

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