10 books like Balkan Justice

The grandmama of human rights-related trial accounts, and for good reason. Arendt covered the trial of Nazi official Adolf Eichmann in Jerusalem in the 1960s. Eichmann had been living in Argentina, and was kidnapped and taken to Israel, where he was tried and condemned for his role in the Holocaust. Arendt raises profound questions about the value of trials in the face of overwhelming evil, about how trials structure narratives, and about memory. Still issues we grapple with today.

Reed Brody, a lawyer for Human Rights Watch, was one of the key actors in bringing former Chadian dictator Hissene Habré to justice for torture, rape, and mass murder he committed during the 1980s. The book chronicles the twists and turns, over almost two decades, of efforts to bring Habré to trial. That finally happened in 2018, in a specially-created African Union-backed court based in Senegal. The book celebrates the central role of victims in bringing Habré to justice, and tells an engaging and readable story from an insider’s perspective. It shows the creativity of the victims and lawyers in combining different legal forums and political and media pressure, but also the limits, and personal sacrifices, that victory required. 

The dictatorships of the Southern Cone of South America joined forces to detain, torture, and kill their perceived political enemies in the 1970s. Decades later, human rights lawyers, family members, and survivors joined forces themselves to bring those responsible for crimes against humanity to justice in the national courts of the region. Lessa, an Oxford researcher and long-time observer of these trials, writes this inspiring story of perseverance and hope. She explains the legal complexities of getting the defendants into court, trying large numbers of defendants, and hearing testimony from survivors scattered around the world about crimes committed long ago.  

Etcheson has spent decades working for justice for survivors of the Khmer Rouge massacres of the 1970s. He tells the inside story of the diplomatic, legal, political, and social maneuvering behind the negotiation, setup, and operation of the Extraordinary Chambers of the Courts of Cambodia. That court, plagued by political interference, only managed to try three defendants, but its legacy went beyond the actual trials, sometimes in surprising ways. The book is engaging and has fascinating details on behind-the-scenes discussions.  

I found Ehrenfreund’s book compelling because he applied his legal expertise as a lawyer and judge to what he personally witnessed at the trial. His research included numerous conversations with Germans who lived through the Nazi regime. I also valued his insights as they were informed by his personal journey to learn his grandfather’s fate many years after he disappeared into the Holocaust. While Ehrenfreund reveals how U.S. law heavily influenced the law applied at Nuremberg, I found his analysis of the trial’s subsequent influence on U.S. law revealing. For example, Justice Robert Jackson, chief prosecutor at Nuremberg and U.S. Supreme Court Justice, was impacted by the racial hatred that underlies the crimes of the Holocaust in Brown v. Board of Education, The U.S. Court’s school desegregation decision.

Leaders, soldiers, and civilians around the world faced a dizzying array of ethical dilemmas during the course of the conflict. From the decision to drop the atomic bomb and making alliances with dictators to the role of kamikaze pilots and war crimes trials, Bess considers the ethics of warfare from multiple viewpoints. He shakes up our conventional wisdom about wartime decision making and shows how the legacies of those choices remain with us today.

The trials of Nazi war criminals are an important but subsidiary theme in Mary Fulbrook’s book. In Francine Hirsch’s study, the most significant trial of top-ranking German officials takes center stage, the International Military Tribunal at Nuremberg. Unlike most previous analyses of Nuremberg, which depict the Soviets as minor actors who, if anything, were impediments to the quest for justice, Hirsch insists that Soviet contributions were essential cornerstones of the trial’s success. This may seem an unlikely role for a totalitarian country already responsible for terror famines in Ukraine, the atrocious show trials of the 1930s, and the senseless murder of 20,000 Poles in the Katyn Forest in 1940. Nonetheless, as Hirsch cogently argues, without Soviet participation the trial may never have occurred. The glory of her book is its insistence on the counterintuitive and contradictory nature of reality, in which, against all expectations, an authoritarian regime led by a… show more.

Kochavi’s book gave me a more complete and nuanced understanding of how the Nuremberg war crimes court came to be, how defendants were selected, and what law to apply. Based on copious research, Kochavi uncovers the inside story of how the Allies ultimately agreed to establish an international court to hold Nazi officials accountable for mass atrocities instead of summarily executing them, which Churchill, Roosevelt, and Stalin favored. Initial U.S. and British resistance to including crimes against German nationals (extermination of the Jews among them) was overcome by strong public, especially Jewish, opposition.

I’m drawn to inconvenient truths and Canadian Erna Paris reveals them in exceptionally readable prose. Paris discusses why it took more than fifty years to establish a permanent International Criminal Court to try war crimes, crimes against humanity, and genocide. She examines the reasons for U.S. opposition to the permanent International Criminal Court established in 2002, identifies U.S. officials who worked to undermine efforts to develop the ICC, exposes the real reasons they did so, and debunks the official position of protecting US soldiers.

An easily accessible overview of development and internal workings of the International Criminal Tribunal for the former Yugoslavia (ICTY) up to the first stages of the Milosevic trial. Hagan satisfied my interest in what happens behind the scenes: the struggles, losses, and triumphs of creating the first international war crimes court since Nuremberg and Tokyo. I found particularly illuminating his discussion of how an ICTY prosecution team developed the legal theory, supported by substantial evidence, of rape as an intentional strategy to further the goal of ethnic cleansing, for the first time making it a war crime in its own right. His explication of the tension between diplomacy (which often utilizes amnesty in seeking an end to conflict) and accountability (which seeks justice for victims and humanity) was thought-provoking.