Law War and Crime

Author: Gerry J. Simpson
Publisher: John Wiley & Sons
ISBN: 0745657311
Format: PDF, Mobi
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From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Building the International Criminal Court

Author: Benjamin N. Schiff
Publisher: Cambridge University Press
ISBN: 1139470191
Format: PDF, ePub, Docs
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The International Criminal Court (ICC) is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of tremendous turmoil, conflict, and death; it is charged both with trying suspects and with aiding their victims; and it seeks to combine divergent legal traditions in an entirely new international legal mechanism. International law advocates sought to establish a standing international criminal court for more than 150 years. Other, temporary, single-purpose criminal tribunals, truth commissions, and special courts have come and gone, but the ICC is the only permanent inheritor of the Nuremberg legacy. In Building the International Criminal Court, Oberlin College Professor of Politics Ben Schiff analyzes the International Criminal Court, melding historical perspective, international relations theories, and observers' insights to explain the Court's origins, creation, innovations, dynamics, and operational challenges.

Judicial Creativity at the International Criminal Tribunals

Author: Shane Darcy
Publisher: Oxford University Press
ISBN: 0199591466
Format: PDF, ePub
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As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.

Great Powers and Outlaw States

Author: Gerry Simpson
Publisher: Cambridge University Press
ISBN: 9780521534901
Format: PDF, ePub, Mobi
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Historical and legal analysis of Kosovo and Afghanistan wars and impact on global political order.

War Crimes Trials and Investigations

Author: Jonathan Waterlow
Publisher: Springer
ISBN: 3319640720
Format: PDF
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This book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts in their respective fields and the chapters highlight each discipline’s major trends, debates, methods and approaches to mass atrocity, genocide, and crimes against humanity, as well as their interactions with adjacent disciplines. Case studies illustrate how the respective disciplines work in practice, including examples from the Allied Hunger Blockade, WWII, the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and Uganda. Including bibliographical essays to offer readers crucial orientation when approaching the specialist literature in each case, this edited collection equips readers with what they need to know in order to navigate a complex, and until now, deeply fragmented field. A diverse and interdisciplinary body of research, this book will be indispensable reading for scholars of war crimes.

They Would Never Hurt a Fly

Author: Slavenka Drakulic
Publisher: Penguin
ISBN: 1440651051
Format: PDF, ePub
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"Who were they? Ordinary people like you or me—or monsters?” asks internationally acclaimed author Slavenka Drakulic as she sets out to understand the people behind the horrific crimes committed during the war that tore apart Yugoslavia in the 1990s. Drawing on firsthand observations of the trials, as well as on other sources, Drakulic portrays some of the individuals accused of murder, rape, torture, ordering executions, and more during one of the most brutal conflicts in Europe in the twentieth century, including former Serbian president Slobodan Miloševic; Radislav Krstic, the first to be sentenced for genocide; Biljana Plavšic, the only woman accused of war crimes; and Ratko Mladic, now in hiding. With clarity and emotion, Drakulic paints a wrenching portrait of a country needlessly torn apart.

Beyond Victor s Justice The Tokyo War Crimes Trial Revisited

Author: Yuki Tanaka
Publisher: BRILL
ISBN: 9004215913
Format: PDF, Kindle
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The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.

For the Sake of Present and Future Generations

Author: Suzannah Linton
Publisher: Martinus Nijhoff Publishing
ISBN: 9789004270718
Format: PDF, ePub
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This Festschrift, edited by Professors Suzannah Linton, Gerry Simpson and William Schabas, brings together forty-one distinguished experts to honour Professor Roger Stenson Clark s remarkable contribution to International Law."

Pluralism in International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Format: PDF, Docs
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Contested Justice

Author: Christian De Vos
Publisher: Cambridge University Press
ISBN: 1316483266
Format: PDF, Kindle
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The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.