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262.9 sec. 1 - Perpetrators, Victims & Bystanders: Justice After Mass Atrocities (Spring 2014)

Instructor: Eric Stover  (view instructor's teaching evaluations | profile)
Instructor: Alexa Koenig  (view instructor's profile)
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Units: 3
Meeting Time: W 10:00-12:40
Meeting Location: 107

Course Start: January 08, 2014
Course End: December 31, 1969
Course Control Number (Non-1Ls): 49807


The aftermath of World War II - an era of post-colonial conflicts, civil wars and “Cold War” - challenged the western world’s understanding of war as an armed contest between nation states, carried on principally through conventional military campaigns waged by national armies. International lawyers struggled to adapt the historic norms of the laws of war to the horrors of the Second World War (as reflected in the resulting 1948 Genocide Convention and the 1949 Geneva Conventions), including new forms of mass violence directed largely against civilian populations. In the 1990s, the international community returned to mechanisms of international criminal justice to restore peace and order for the first time since the Tokyo and Nuremberg tribunals. Yet, at the dawn of the 21st century, many of those international norms are being challenged once again by the United States’ and other nations’ “war against terror.”

This graduate seminar will use an interdisciplinary lens to examine how war, genocide, and terrorism have affected the development of relevant law and policy - including where such laws and policies have failed in their intended impact - as well as the psychological forces that turn ordinary men and women into perpetrators. We will study the ways in which historians, psychologists, social psychologists, anthropologists, journalists, and jurists have contributed to our understanding of wartime atrocities and their effects on individuals and society. We will examine war crimes committed during 20th century conflicts - ranging from WWII in Europe to the former Yugoslavia and Rwanda - and compare those conflicts and their emergent jurisprudence with 21st century conflicts in Iraq, Afghanistan, and Guantánamo Bay, Cuba. We will also discuss the ways in which different academic disciplines and professions have studied the power structures that facilitate genocide, crimes against humanity, and war crimes; how various disciplines and professions have theorized the causes and nature of such crimes; and the difficulty locating responsibility for the perpetration of war crimes within the complex interplay of military, political, and cultural institutions. Students will write a 30-page paper for this course that may satisfy the writing requirement.

ERIC STOVER is Faculty Director of the Human Rights Center and Adjunct Professor of Law at UC Berkeley. In the early 1990s, Stover conducted the first research on the social and medical consequences of land mines in Cambodia and other post-war countries. During the wars in Croatia and Bosnia, he served on several medico-legal investigations as an "Expert on Mission" to the International Criminal Tribunal for the former Yugoslavia in The Hague. He conducted a survey of mass graves throughout Rwanda for the International Criminal Tribunal for Rwanda in 1995. His most recent books include My Neighbor, My Enemy: Justice and Community in the Aftermath of Mass Atrocity (edited, with Harvey Weinstein); The Witnesses: War Crimes and the Promise of Justice in The Hague; and The Guantanamo Effect: Exposing the Consequences of U.S. Detention and Interrogation Practices (with Laurel Fletcher).

ALEXA KOENIG is executive director of the Human Right Center. She supports the qualitative and quantitative research design of the center’s various projects and is responsible for the center's overall administration. Prior to her appointment, she conducted significant legal and empirical research on civil and human rights-related topics. In addition to having taught at the University of San Francisco School of Law and UC Berkeley, she has co-authored numerous articles and reports on war crimes-related issues. Koenig holds a J.D. from the University of SanFrancisco School of Law, an M.A. from UC Berkeley, and a Ph.D. in Jurisprudence and Social Policy from UC Berkeley. Koenig and Stover are co-authoring a book on the pursuit of war crimes suspects from World War II to post 9/11.

This course may satisfy the Writing Requirement.

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Exam Notes: P
Course Category: International and Comparative Law
This course is cross-listed in the following categories:
Criminal Law
Jurisprudence and Social Policy (JSP)
Law and Society
Legal Theory and History
Public Law and Policy
Social Justice and Public Interest

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Readers:
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Books:
Required Books are in blue

  • Modernity and the Holocaust
    Zygmunt Bauman
    Edition: 2001
    Publisher: Ithaca, N.Y. : Cornell University Press.
    ISBN: 9780801487194
    Copyright Date: To Be Determined
    Price: $23.95
    Price Source: user provided
  • My neighbor, my enemy
    edited by Eric Stover and Harvey M. Weinstein
    Edition: 2004
    Publisher: Cambridge : Cambridge University Press
    ISBN: 9780521542647
    Copyright Date: To Be Determined
    Price: 44.00
    Price Source: user provided
  • Ordinary men
    Christopher R. Browning
    Edition: 1998
    Publisher: Harper
    ISBN: 9780060995065
    Copyright Date: To Be Determined
    Price: 15.99
    Price Source: user provided
  • The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals
    Jane Mayer
    Edition: 2008
    Publisher: Anchor Books
    ISBN: 9780307456298
    Copyright Date: To Be Determined
    Price: 15.95
    Price Source: user provided
  • The Guantanamo Effect: Exposing the Consequences of US Detention and Interrogation Practices
    Laurel E. Fletcher and Eric Stover
    Edition: 2009
    Publisher: University of California Press
    ISBN: 9780976067733
    Copyright Date: To Be Determined
    Price: 22.95
    Price Source: user provided
  • The destruction of the European Jews
    Raul Hilberg
    Publisher: Holmes & Meier
    ISBN: 9780841909106
    Copyright Date: To Be Determined
    Price: 22.00
    Price Source: user provided

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