"Submitted in partial fulfillment of the requirements for the degree of Master of Business Administration from the Naval Postgraduate School, December 2007." / Advisor(s): Franck, Raymond ; Gates, Bill ; Coughlan, Pete. "December 2007." "MBA professional report"--Cover. Title from title page of PDF document (viewed on: Apr 18, 2008). Includes bibliographical references (p. 49-50).

Thesis--University of Santo Thomas. / Includes bibliographical references.

No description available.

The members of the Canadian War Crimes Liaison Detachment ??? Far East travelled across the Pacific in April 1946 to participate in ???minor??? war crimes trials in Hong Kong and Japan. The assignment stemmed from the harrowing experiences of the Winnipeg Grenadiers and Royal Rifles of Canada in Hong Kong and Japan following the Japanese invasion in December 1941 through to their liberation from POW camps at the end of the Pacific War. Literature pertaining to war crimes trials during this period focuses primarily on the Nuremberg and other European trials, or on the major, often politicized Tokyo Trial. This dissertation addresses the frequently proffered recommendation in the literature that further explorations into the ???minor??? trials of 5600 Japanese war criminals are needed. The members of the Canadian Detachment served as prosecutors at the American operated Yokohama War Crimes Trials, as well as the British Hong Kong War Crimes Courts. Their cases covered the entirety of the POW experience, from atrocities during battle and in the immediate aftermath, to brutal abuses and medical neglect in POW camps and exploitation in war-related and dangerous labour. The Canadian trials were steeped in emerging and evolving legal concepts including issues of command responsibility and superior orders, as well as the use of common or joint trials and broadly expanded rules of evidence. The uncertainty of trial outcomes and the leniency of many of the sentences combined with the genuine effort extended by the Canadian Detachment members in investigation, case development, and in the courtroom belie the crude and misguided application of a victors??? justice framework. Although the trials were not marked with a clear sense of unfairness, their historical legacy has ultimately been a failure. When the international community sought answers to war crimes starting in the latter half of the twentieth century, these trial records have been left to gather dust on archive shelves. However, the transcripts offer historians the opportunity to better understand both the brutality and banality of the POW experience, and the legal community a series of pragmatic and thorough avenues for addressing violations of the laws and customs of war.

This  thesis  offers  a  comparative  study  of  the  My  Lai  massacre  perpetrated  by  American soldiers during the Vietnam in War and the  massacre in Bialystok  carried out by a police unit operating  under the Nazi regime. Using theories from social  psychology in combination witha  careful  scrutiny  of  sources  from  criminal  investigations,  it  seeks  to  elucidate  the  social mechanisms  of  perpetration  in  the  two  cases  and  explores  how  their  divergent  macro-level contexts facilitated  distinctions in the perpetrator’s behavioural patterns and motivations. The study  demonstrates  that  despite  commonalities  at  the  micro  level,  the  massacres  were organized  in  distinctive  ways,  featured  divergent  perpetrator  behavioural  patterns  andencompassed  disparities  in  the  number  of  abstainers  due  to  different  macro-level  contexts. The  thesis provides  explanations  for these case variations, and it  argues  that new insight into the phenomenon of perpetration can be gained by adopting a comparative perspective.

Approved for public release; distribution is unlimited / In 1998, 120 members of the United Nations adopted a treaty establishing the International Criminal Court, designed to address issues such as war crimes, genocide and crimes against humanity. The United States, in cooperation with its European allies, was instrumental in bringing this treaty about. In the end, however, it felt compelled to withdraw its signature, an unusual step signifying a high level of dissatisfaction with the structure and competency of the Court. This thesis argues that, while the United States maintains good relations with Europe, its abandonment of the ICC has constituted a major setback to Euro-American relations, and entailed a loss of face among the international community as a whole. Even as the United States has stood aloof from the Court, fearing that its soldiers and officials could face politically motivated trials, Europeans have continued their vigorous efforts to make the ICC a success. The United States and Europe are now on opposing sides on a major issue of international criminal justice. This has already caused tensions over internationally sanctioned peacekeeping troops, and has the potential to further disrupt the Euro-American partnership, above all in the military sphere. / Lieutenant, United States Navy

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No description available.

This paper outlines a prosecutorial framework by which Canadian corporations can be held criminally liable for their involvement in war crimes, crimes against humanity or genocide. Combining the provisions of the Crimes Against Humanity and War Crimes Act with the corporate liability standards found in the Canadian Criminal Code, a standard of liability emerges which appears well designed to generate findings of guilt against multinational corporations with complicated ownership structures, a myriad of representatives and far-flung operations. This model standard, it is hoped, might furthermore contribute to the global debate regarding multinational corporate accountability. By applying the proposed framework to two Canadian corporations constructing internationally illegal settlements on the farmlands of Bil‘in in the West Bank, I therefore seek to test its practical relevance, as well as to demonstrate the theoretical underpinnings and legal sources (domestic and international) which would support its application, both in this instance and beyond.

This paper outlines a prosecutorial framework by which Canadian corporations can be held criminally liable for their involvement in war crimes, crimes against humanity or genocide. Combining the provisions of the Crimes Against Humanity and War Crimes Act with the corporate liability standards found in the Canadian Criminal Code, a standard of liability emerges which appears well designed to generate findings of guilt against multinational corporations with complicated ownership structures, a myriad of representatives and far-flung operations. This model standard, it is hoped, might furthermore contribute to the global debate regarding multinational corporate accountability. By applying the proposed framework to two Canadian corporations constructing internationally illegal settlements on the farmlands of Bil‘in in the West Bank, I therefore seek to test its practical relevance, as well as to demonstrate the theoretical underpinnings and legal sources (domestic and international) which would support its application, both in this instance and beyond.