Foreword Xi
Introduction Xv
List of Abbreviations Xxi
Presentation Xxiii
Chapter One French Democracy and Justice = 1
Historical Evolution = 2
A History of Wars and Massacres = 2
Towards Democracy and The Rule of Law = 5
International Conventions and French Laws = 6
International Human Rights and Humanitarian Conventions = 6
French Criminal Laws = 8
Amnesties = 10
French Justice = 10
Judicial Principles and Structure Under The 1958 Constitution = 11
Military Tribunals = 12
Justice and Politics Under The Fifth Republic = 13
National Defence Secrecy: An Obstruction to Justice = 14
Imperfect Democracy and Justice = 15
Judgments of The European Court of Human Rights = 16
The United Nations Committee Against Torture (cat) = 19
The European Committee for The Prevention of Torture and Inhuman Or Degrading Treatment Or Punishment (cpi) = 19
The Quasi-impunity of Police Officers = 20
The Impunity of French Presidents = 21
The Irish 'terrorists of Vincennes' = 22
The Wiretapping Scandal = 22
The Rainbow Warrior Affair = 23
Universal Jurisdiction Or Realpolitik = 26
France and Algeria = 26
Massacres at The Beach (brazzaville, Congo) = 27
Conclusion = 29
Part I French Colonization and Justice (1830-1962) = 33
Chapter Two French Colonialism = 37
Conquests and Losses = 38
Early Ventures = 38
Colonial Expansion = 39
Loss of The Colonies = 40
Colonial Policies = 42
Slavery = 42
French Colonial Policy = 43
Legal Status of The 'natives' = 43
The Colonizers' Motivations = 44
Political Parties = 46
Christian Churches = 47
Public Opinion = 52
The Lonely Voices of Anti-colonialism = 53
The Winds of History = 55
Conclusion = 56
Chapter Three The French Vietnam War (1946-1954)
Conquest and Loss of Indochina = 60
The Attitude of French Political Leaders = 64
Abuses and Crimes Denounced = 66
Andree Viollis' Book = 67
The French League of Human Rights = 68
French Periodicals = 69
Three Trials = 70
Henri Martin = 71
Jeanne Berge = 72
Georges Boudarel = 73
Conclusion = 74
Chapter Four Madagascar: Revolt and Repression (1947-1948) = 79
Brief Historical Notes = 79
The Rebellion = 82
The Repression = 83
Factors Which Led to The Rebellion = 84
The Trials = 85
Conclusion = 89
Chapter Five French Algeria: The "dirty War" (1954-1962) = 93
Brief Historical Notes = 94
French Law in Algeria = 96
Justice in Algeria = 98
Breaches of Due Process = 99
Hiding War Crimes and Torture = 100
Official Instructions and Reports = 100
Reports of The International Committee of The Red Cross = 103
Protests Against Torture = 106
Political Parties = 106
The French League of Human Rights = 108
A Few Journalists and Intellectuals = 109
Christian Protests = 111
Supporters of The Fln = 114
Manifeste Des 121 = 114
The Jeanson Trial = 115
The Algerian War Revisited = 117
The Trial of General Aussaresse = 118
The Trials of General Schmitt = 120
Recent Political Response = 121
Death Squadrons: The French School = 124
Conclusion = 125
Part Ii Vichy France: The Late Reckoning (1940-2005) = 131
Chapter Six Vichy's Regime, Legislation and Justice = 135
Leading to Vichy: The Political Process = 137
The Vichy Regime = 139
Constitutional Acts = 139
The Nature of The Regime = 142
Anti Jewish Laws = 143
French People's Attitudes on Vichys' Antisemitism = 149
The Churches = 150
Vichy Justice = 155
The Trial of Pierre Mendes France = 156
The Riom Trial = 160
Special Sections = 163
Conclusion = 163
Chapter Seven Post-liberation Myth, Purge and Trials = 167
The Gaullist Myth = 169
Post-liberation Laws and Courts = 170
The Purges (l'epuration) = 173
Extra-legal Purge = 173
Judiciary Purge = 176
Purge of The French Civil Service = 177
Other Purges = 179
Selected Trials = 180
The Trial of Pierre Pucheu = 180
The Trial of Marshall Petain = 184
The Trial of Pierre Laval = 192
Conclusion = 196
Chapter Eight from Barbie to Papon = 199
Amnesties and Amnesia = 200
The Amnesties = 200
A Long Amnesia = 201
The Return of Vichy's Memories = 202
The Trials = 204
The Trial of Klaus Barbie = 204
The Trial of Paul Touvier = 208
The Aborted Trial of Rene Bousquet = 213
The Trial of Maurice Papon = 221
Conclusion = 227
Part Iii International Criminal Tribunals and Commissions (1945-2005) = 233
Chapter Nine The Nuremberg and Tokyo Tribunals = 237
The Nuremberg Trial = 237
The Origins = 238
Negotiating The London Agreement = 240
The Nuremberg Charter = 244
The Proceedings = 248
The French Prosecutors' Presentations = 249
The Judges' Deliberations = 251
The Judgments = 253
Donnedieu De Vabres' Later Views = 255
The Tokyo Trial = 257
The Establishment of The Tokyo Tribunal = 257
The Indictment and The Proceedings = 259
The Judgment = 260
France and The Tokyo Tribunal = 263
The French Prosecution = 265
The French Indictment = 266
Judge Bernard's Views on The Tribunal's Jurisdiction = 267
Judge Bernard's Dissenting Judgment = 268
Conclusion = 271
Chapter Ten The Genocide in Rwanda = 275
The Genocide = 276
The International Criminal Tribunal for Rwanda = 278
Creation of The Tribunal = 279
Mandate and Structure = 280
The Tribunal's Achievements = 281
Belgium's Parliamentary Inquiry Commission = 284
France's Parliamentary Information Mission = 285
The Un Carlsson Commission = 290
The Oau Report = 292
Challenges to The Official Position of France = 294
France-rwanda Relationships = 295
Charges Against The French Army = 298
Conclusion = 299
Chapter Eleven Crimes in The Former Yugoslavia = 303
The International Criminal Tribunal for The Former Yugoslavia = 304
Creation of The Tribunal = 304
Mandate and Structure = 308
Staffing = 309
The Tribunal's Achievements = 309
France's Attitude Towards The Tribunal = 310
The Srebrenica Massacre = 312
Events Leading to Srebrenica = 313
The United Nations Report = 320
Report of The French Parliamentary Mission = 322
The Dutch Reports on Srebrenica = 327
Conclusion = 329
Chapter Twelve The International Criminal Court = 333
The Origins of The Icc = 334
France's Initial Ambivalence = 335
The Statute of The Court (a Summary) = 339
France's Cooperation With The Court = 343
The Us Position = 347
Conclusion = 348
Chapter Thirteen Conclusion = 351
Vichy's Memories = 353
Colonialism and Neo-colonialisn = 354
More Independent Judges = 357
The Fragility of Democracies = 359
The Governance of France = 361
Other Counter-powers = 362
Conclusion = 363
Index = 365
Introduction Xv
List of Abbreviations Xxi
Presentation Xxiii
Chapter One French Democracy and Justice = 1
Historical Evolution = 2
A History of Wars and Massacres = 2
Towards Democracy and The Rule of Law = 5
International Conventions and French Laws = 6
International Human Rights and Humanitarian Conventions = 6
French Criminal Laws = 8
Amnesties = 10
French Justice = 10
Judicial Principles and Structure Under The 1958 Constitution = 11
Military Tribunals = 12
Justice and Politics Under The Fifth Republic = 13
National Defence Secrecy: An Obstruction to Justice = 14
Imperfect Democracy and Justice = 15
Judgments of The European Court of Human Rights = 16
The United Nations Committee Against Torture (cat) = 19
The European Committee for The Prevention of Torture and Inhuman Or Degrading Treatment Or Punishment (cpi) = 19
The Quasi-impunity of Police Officers = 20
The Impunity of French Presidents = 21
The Irish 'terrorists of Vincennes' = 22
The Wiretapping Scandal = 22
The Rainbow Warrior Affair = 23
Universal Jurisdiction Or Realpolitik = 26
France and Algeria = 26
Massacres at The Beach (brazzaville, Congo) = 27
Conclusion = 29
Part I French Colonization and Justice (1830-1962) = 33
Chapter Two French Colonialism = 37
Conquests and Losses = 38
Early Ventures = 38
Colonial Expansion = 39
Loss of The Colonies = 40
Colonial Policies = 42
Slavery = 42
French Colonial Policy = 43
Legal Status of The 'natives' = 43
The Colonizers' Motivations = 44
Political Parties = 46
Christian Churches = 47
Public Opinion = 52
The Lonely Voices of Anti-colonialism = 53
The Winds of History = 55
Conclusion = 56
Chapter Three The French Vietnam War (1946-1954)
Conquest and Loss of Indochina = 60
The Attitude of French Political Leaders = 64
Abuses and Crimes Denounced = 66
Andree Viollis' Book = 67
The French League of Human Rights = 68
French Periodicals = 69
Three Trials = 70
Henri Martin = 71
Jeanne Berge = 72
Georges Boudarel = 73
Conclusion = 74
Chapter Four Madagascar: Revolt and Repression (1947-1948) = 79
Brief Historical Notes = 79
The Rebellion = 82
The Repression = 83
Factors Which Led to The Rebellion = 84
The Trials = 85
Conclusion = 89
Chapter Five French Algeria: The "dirty War" (1954-1962) = 93
Brief Historical Notes = 94
French Law in Algeria = 96
Justice in Algeria = 98
Breaches of Due Process = 99
Hiding War Crimes and Torture = 100
Official Instructions and Reports = 100
Reports of The International Committee of The Red Cross = 103
Protests Against Torture = 106
Political Parties = 106
The French League of Human Rights = 108
A Few Journalists and Intellectuals = 109
Christian Protests = 111
Supporters of The Fln = 114
Manifeste Des 121 = 114
The Jeanson Trial = 115
The Algerian War Revisited = 117
The Trial of General Aussaresse = 118
The Trials of General Schmitt = 120
Recent Political Response = 121
Death Squadrons: The French School = 124
Conclusion = 125
Part Ii Vichy France: The Late Reckoning (1940-2005) = 131
Chapter Six Vichy's Regime, Legislation and Justice = 135
Leading to Vichy: The Political Process = 137
The Vichy Regime = 139
Constitutional Acts = 139
The Nature of The Regime = 142
Anti Jewish Laws = 143
French People's Attitudes on Vichys' Antisemitism = 149
The Churches = 150
Vichy Justice = 155
The Trial of Pierre Mendes France = 156
The Riom Trial = 160
Special Sections = 163
Conclusion = 163
Chapter Seven Post-liberation Myth, Purge and Trials = 167
The Gaullist Myth = 169
Post-liberation Laws and Courts = 170
The Purges (l'epuration) = 173
Extra-legal Purge = 173
Judiciary Purge = 176
Purge of The French Civil Service = 177
Other Purges = 179
Selected Trials = 180
The Trial of Pierre Pucheu = 180
The Trial of Marshall Petain = 184
The Trial of Pierre Laval = 192
Conclusion = 196
Chapter Eight from Barbie to Papon = 199
Amnesties and Amnesia = 200
The Amnesties = 200
A Long Amnesia = 201
The Return of Vichy's Memories = 202
The Trials = 204
The Trial of Klaus Barbie = 204
The Trial of Paul Touvier = 208
The Aborted Trial of Rene Bousquet = 213
The Trial of Maurice Papon = 221
Conclusion = 227
Part Iii International Criminal Tribunals and Commissions (1945-2005) = 233
Chapter Nine The Nuremberg and Tokyo Tribunals = 237
The Nuremberg Trial = 237
The Origins = 238
Negotiating The London Agreement = 240
The Nuremberg Charter = 244
The Proceedings = 248
The French Prosecutors' Presentations = 249
The Judges' Deliberations = 251
The Judgments = 253
Donnedieu De Vabres' Later Views = 255
The Tokyo Trial = 257
The Establishment of The Tokyo Tribunal = 257
The Indictment and The Proceedings = 259
The Judgment = 260
France and The Tokyo Tribunal = 263
The French Prosecution = 265
The French Indictment = 266
Judge Bernard's Views on The Tribunal's Jurisdiction = 267
Judge Bernard's Dissenting Judgment = 268
Conclusion = 271
Chapter Ten The Genocide in Rwanda = 275
The Genocide = 276
The International Criminal Tribunal for Rwanda = 278
Creation of The Tribunal = 279
Mandate and Structure = 280
The Tribunal's Achievements = 281
Belgium's Parliamentary Inquiry Commission = 284
France's Parliamentary Information Mission = 285
The Un Carlsson Commission = 290
The Oau Report = 292
Challenges to The Official Position of France = 294
France-rwanda Relationships = 295
Charges Against The French Army = 298
Conclusion = 299
Chapter Eleven Crimes in The Former Yugoslavia = 303
The International Criminal Tribunal for The Former Yugoslavia = 304
Creation of The Tribunal = 304
Mandate and Structure = 308
Staffing = 309
The Tribunal's Achievements = 309
France's Attitude Towards The Tribunal = 310
The Srebrenica Massacre = 312
Events Leading to Srebrenica = 313
The United Nations Report = 320
Report of The French Parliamentary Mission = 322
The Dutch Reports on Srebrenica = 327
Conclusion = 329
Chapter Twelve The International Criminal Court = 333
The Origins of The Icc = 334
France's Initial Ambivalence = 335
The Statute of The Court (a Summary) = 339
France's Cooperation With The Court = 343
The Us Position = 347
Conclusion = 348
Chapter Thirteen Conclusion = 351
Vichy's Memories = 353
Colonialism and Neo-colonialisn = 354
More Independent Judges = 357
The Fragility of Democracies = 359
The Governance of France = 361
Other Counter-powers = 362
Conclusion = 363
Index = 365