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The Trial of the Kaiser - William A. Schabas
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The Trial of the Kaiser

By: William A. Schabas

Hardcover | 14 November 2018

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In the immediate aftermath of the armistice that ended the First World War, the Allied nations of Britain, France, and Italy agreed to put the fallen German Emperor Kaiser Wilhelm II on trial, in what would be the first ever international criminal tribunal. In Britain, Lloyd George campaigned for re-election on the slogan 'hang the Kaiser', but the Italians had only lukewarm support for a trial, and there was outright resistance from the United States.

During the Peace Conference, international lawyers gathered for the first time to debate international criminal justice. They recommended trial of the Kaiser by an international tribunal for war crimes, and the Americans relented, agreeing to a trial for a 'supreme offence against international morality'. However, the Kaiser had fled to the Netherlands where he obtained asylum, and though the Allies threatened a range of measures if the former Emperor was not surrendered, the Dutch refused and the demands were dropped in March 1920.

This book, from renowned legal scholar William A. Schabas, sheds light on perhaps the most important international trial that never was. Schabas draws on numerous primary sources hitherto unexamined in published work, including transcripts which vividly illuminate this period of international law making. As such, he has written a book which constitutes a history of the very beginnings of international criminal justice, a history which has never before been fully told.
Industry Reviews
Schabas's book is a meticulously researched, grippingly written, important work. * Ziv Bohrer, Israel Law Review *
the author's style carries readers enjoyably along. But his real achievement lies in the books carefully organized and meticulously documented substance. Its 18 chapters strike a successful balance between following the history of the project of trying the Kaiser and analysing the issues it had to confront, legal as well as political. * David Bentley, International Affairs *
Published during the attempted trial's ongoing centennial, the book offers a comprehensive account of its political and legal history. It is skillfully researched, commanding a range of sources that makes possible the telling of what amounts to a global tale of international politics and law. ... overall the book succeeds in telling the story in enough particulars to satisfy scholars, while still being accessible to a general reader. * Arshan Barzani, Lawfare *
Professor Schabas explores the whole question of a trial with erudition and discrimination. His book will be of special interest to lawyers and students of international law, but it is written with the general reader in mind too. Its lucidity and good sense make it an attractive and always interesting work of scholarship. * Allan Massie, Catholic Herald *
Not many authors can write a compelling book about an event that never happened. Yet, William Schabas has done exactly that ,,, The Trial of the Kaiser is meticulously researched and brings gripping insight to the origins of international criminal justice, unearthing the roots of today's codified and customary international criminal and humanitarian law. It recounts the history of the very first time world leaders and international lawyers began contemplating an international criminal tribunal. Moreover, the book resonates with modern parallels by touching on fundamental issues that still fuel debate among scholars and nations. * Dr. Mark Ellis, Los Angeles Review of Books *
Schabas has done meticulous research among the unpublished archival records of this titanic legal struggle. * Isabel V. Hull, New York Review of Books *
terrifically readable ... Schabas, a leading authority on international criminal law ... has produced a thorough and engaging account of the ambitious - if confused and ultimately abortive - attempt to bring the German Emperor to trial. * Lawrence R. Douglas, Times Literary Supplement *
It seeks and succeeds in charting a historic process. It picks its way delicately through the issues and the motivations of various countries. It is assured in place and time, with contemporary issues explained briskly and satisfactorily. ... In all this, it is a work of serious historic merit. * Hugh MacDonald, The Herald *
Professor Schabas' book on the thwarted attempt to bring Kaiser Wilhelm II before an international court after the Great War on charges of war crimes, combines erudition and a fast-pace narrative that one rarely finds in scholarly works of this nature. Schabas has a masterful grip on the extensive sources that underpin this study. Throughout the book there are insights and comparisons to the post-1945 period that will delight not just the lay reader interested in international criminal history, but also the specialist historian interested in the twists and turns of the legal arguments of the key players involved in war crimes trials. This is a book all can read and profit by. * Anthony McElligott, author of Weimar Germany (Oxford Short History of Germany) *
A fascinating readable account by a leading specialist in international criminal law. * Jus Gentium *

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