extraordinary justice military tribunals in historical and international context

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Extraordinary Justice

Author : Peter Judson Richards
ISBN : 9780814777220
Genre : Law
File Size : 81. 22 MB
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The Al-Qaeda terror attacks of September 11, 2001, aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or “commissions” for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions, most recently Hamdan v. Rumsfeld. At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the “Great War,” and Allied practices during the Second World War. Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.

The Birth Of The New Justice

Author : Mark Lewis
ISBN : 9780191635717
Genre : History
File Size : 60. 66 MB
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Until 1919, European wars were settled without post-war trials, and individuals were not punishable under international law. After World War One, European jurists at the Paris Peace Conference developed new concepts of international justice to deal with violations of the laws of war. Though these were not implemented for political reasons, later jurists applied these ideas to other problems, writing new laws and proposing various types of courts to maintain the post-World War One political order. They also aimed to enhance internal state security, address states' failures to respect minority rights, or rectify irregularities in war crimes trials after World War Two. The Birth of the New Justice shows that legal organizations were not merely interested in ensuring that the guilty were punished or that international peace was assured. They hoped to instill particular moral values, represent the interests of certain social groups, and even pursue national agendas. When jurists had to scale back their projects, it was not only because state governments opposed them. It was also because they lacked political connections and did not build public support for their ideas. In some cases, they decided that compromises were better than nothing. Rather than arguing that new legal projects were spearheaded by state governments motivated by "liberal legalism," Mark Lewis shows that legal organizations had a broad range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. The International Law Association, the International Association of Penal Law, the World Jewish Congress, and the International Committee of the Red Cross transformed the concept of international violation to deal with new political and moral problems. They repeatedly altered the purpose of an international criminal court, sometimes dropping it altogether when national courts seemed more pragmatic.

Generals Of The Bulge

Author : Jerry D. Morelock
ISBN : 9780811711999
Genre : History
File Size : 62. 55 MB
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The Battle of the Bulge lives in history as the U.S. Army's largest and bloodiest battle of World War II. This innovative study of American military leadership in action during the battle examines the performance of six generals in the days and weeks after the German attack in December 1944. • Generals covered include Dwight Eisenhower and Omar Bradley, among others • Five levels of command are studied: supreme coalition, army group, army, corps, and division/armored combat command • A unique and important history that will appeal to buffs, scholars, and soldiers

The Yale Journal Of International Law

Author :
ISBN : UCAL:B5130674
Genre :
File Size : 74. 56 MB
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The Journal Of Military History

Author :
ISBN : UOM:39015078326967
Genre : United States
File Size : 33. 94 MB
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Routledge Handbook Of International Criminal Law

Author : William A. Schabas
ISBN : 9781136866678
Genre : Law
File Size : 54. 70 MB
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International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework – Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes – Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals – Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law – Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.

The International Criminal Tribunal For The Former Yugoslavia

Author : Rachel Kerr
ISBN : 9780199263059
Genre : History
File Size : 55. 70 MB
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On the 25th of May 1993 the United Nations Security Council decided to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This text provides an examination of the ICTY.

Guant Namo And Beyond

Author : Fionnuala Ni Aoláin
ISBN : 9781107009219
Genre : Law
File Size : 26. 52 MB
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This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.

A Biographical Encyclopedia Of Contemporary Genocide Portraits Of Evil And Good

Author : Paul R. Bartrop
ISBN : 9780313386794
Genre : Political Science
File Size : 21. 74 MB
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This book documents the devastating effects of genocide in the world's most destructive human environments since the end of World War II and explores why such events still occur.

The Criminal Law Of Genocide

Author : Ralph J. Henham
ISBN : 0754648982
Genre : Law
File Size : 22. 74 MB
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This volume presents a contextual view of genocide which allows a consideration of the social and political concepts of the crime and of its historical dimensions as well as its legal treatment. It also suggests alternative justice solutions to the phenomenon of genocide.

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