Many Americans have condemned the “enhanced interrogation” techniques used in the War on Terror as a transgression of human rights. But the United States has done almost nothing to prosecute past abuses or prevent future violations. Tracing this knotty contradiction from the 1950s to the present, historian Alfred W. McCoy probes the political and cultural dynamics that have made impunity for torture a bipartisan policy of the U.S. government. During the Cold War, McCoy argues, the U.S. Central Intelligence Agency covertly funded psychological experiments designed to weaken a subject’s resistance to interrogation. After the 9/11 terrorist attacks, the CIA revived these harsh methods, while U.S. media was flooded with seductive images that normalized torture for many Americans. Ten years later, the U.S. had failed to punish the perpetrators or the powerful who commanded them, and continued to exploit intelligence extracted under torture by surrogates from Somalia to Afghanistan. Although Washington has publicly distanced itself from torture, disturbing images from the prisons at Abu Ghraib and Guantanamo are seared into human memory, doing lasting damage to America’s moral authority as a world leader.

An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.

The Sexual Violence and Impunity in South Asia research project (coordinated by Zubaan and supported by the International Development Research Centre) brings together, for the first time in the region, a vast body of knowledge on this important - yet silenced - subject. Six country volumes (one each on Bangladesh, Nepal, Pakistan, Sri Lanka, and two on India, as well as two standalone volumes) comprising over fifty research papers and two book-length studies, detail the histories of sexual violence and look at the systemic, institutional, societal, individual and community structures that work together to perpetuate impunity for perpetrators. In this remarkable and wide-ranging study, activist and historian V. Geetha unpacks the meanings of impunity in relation to sexual violence in the context of South Asia. The State's misuse of its own laws against its citizens is only one aspect of the edifice of impunity; its less-understood resilience comes from its consistent denial of the recognition of suffering on the part of victims, and its refusal to allow them the dignity of pain, grief and loss. Time and again, in South Asia, the State has worked to mediate public memory, to manipulate forgetting, particularly in relation to its own acts of commission. It has done this by refusing to take responsibility, not only for its acts but also for the pain such acts have caused. It has denied suffering the eloquence, the words, the expression that it deserves and papered over the hurt of its people with routine government procedures. The author argues that the State and its citizens must work together to accord social recognition to the suffering of victims and survivors of sexual violence, and thereby join in what she calls 'a shared humanity'. While this may or may not produce legal victories, the acknowledgment that the suffering of our fellow citizens is our collective responsibility is an essential first step towards securing justice. It is this that in a fundamental sense challenges and illuminates the contours and details of State impunity, and positions impunity as not merely a legal or political conundrum, but as resolute refusal on the part of State personnel to be part of a shared humanity.

Following a 1932 coup d’état in Thailand that ended absolute monarchy and established a constitution, the Thai state that emerged has suppressed political dissent through detention, torture, forced reeducation, disappearances, assassinations, and massacres. In Plain Sight shows how these abuses, both hidden and occurring in public view, have become institutionalized through a chronic failure to hold perpetrators accountable. Tyrell Haberkorn’s deeply researched revisionist history of modern Thailand highlights the legal, political, and social mechanisms that have produced such impunity and documents continual and courageous challenges to state domination.

This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

As the U.S. special envoy for North Korean human rights from 2009 to 2017, Ambassador Robert R. King led efforts to ensure that human rights were an integral part of U.S. policy with North Korea. In Patterns of Impunity, he traces U.S. involvement and interest in North Korean human rights, from the adoption of the North Korean Human Rights Act in 2004--legislation which King himself was involved in and which called for the creation of the special envoy position--to his own negotiations with North Korean diplomats over humanitarian assistance, discussions that would ultimately end because of the death of Kim Jong-il and Kim Jong-un's ascension as Supreme Leader, as well as continued nuclear and missile testing. Beyond an in-depth overview of his time as special envoy, Ambassador King provides insights into the United Nations' role in addressing the North Korean human rights crisis, including the UN Human Rights Council's creation of the UN Commission of Inquiry on Human Rights in the DPRK in 2013-14, and discussions in the Security Council on North Korea human rights. King explores subjects such as the obstacles to getting outside information to citizens of one of the most isolated countries in the world; the welfare of DPRK defectors, and how China has both abetted North Korea by returning refugees and enabled the problem of human trafficking; the detaining of U.S. citizens in North Korea and efforts to free them, including King's escorting U.S. citizen Eddie Jun back from Pyongyang in 2011; and the challenges of providing humanitarian assistance to a country with no formal relations with the United States and where separating human rights from politics is virtually impossible.

When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.

Since 9/11, a new configuration of power situated at the core of the executive branch of the U.S. government has taken hold. In Crimes of Power & States of Impunity, Michael Welch takes a close look at the key historical, political, and economic forces shaping the country's response to terror. Welch continues the work he began in Scapegoats of September 11th and argues that current U.S. policies, many enacted after the attacks, undermine basic human rights and violate domestic and international law. He recounts these offenses and analyzes the system that sanctions them, offering fresh insight into the complex relationship between power and state crime. Welch critically examines the unlawful enemy combatant designation, Guantanamo Bay, recent torture cases, and collateral damage relating to the war in Iraq. This book transcends important legal arguments as Welch strives for a broader sociological interpretation of what transpired early this century, analyzing the abuses of power that jeopardize our safety and security.

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

This book uses a series of high-profile cases to illustrate the key elements of transnational bribery law. It analyzes the law through the lenses of two competing theoretical approaches: the OECD paradigm and the anti-imperialist critique. It ultimately defends an alternative distinctively inclusive and experimentalist approach to transnational bribery law.