law war and crime war crimes trials and the reinvention of international law

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Law War And Crime

Author : Gerry J. Simpson
ISBN : 9780745657318
Genre : Law
File Size : 37. 22 MB
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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.

Beyond Victor S Justice The Tokyo War Crimes Trial Revisited

Author : Yuki Tanaka
ISBN : 9789004215917
Genre : Political Science
File Size : 58. 77 MB
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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.

War Crimes Trials And Investigations

Author : Jonathan Waterlow
ISBN : 9783319640723
Genre : Social Science
File Size : 43. 60 MB
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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.

Pluralism In International Criminal Law

Author : Elies van Sliedregt
ISBN : 9780191008290
Genre : Law
File Size : 67. 50 MB
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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.

Events The Force Of International Law

Author : Fleur Johns
ISBN : 9781136920295
Genre : Law
File Size : 63. 87 MB
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Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.

Die Wiener Rechtstheoretische Schule

Author : Hans Kelsen
ISBN : 3704653608
Genre : International law
File Size : 65. 8 MB
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Der Selbstmord Der Amerikanischen Demokratie

Author : Chalmers A. Johnson
ISBN : 3442153247
Genre :
File Size : 52. 16 MB
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For The Sake Of Present And Future Generations

Author : Suzannah Linton
ISBN : 900427071X
Genre : Law
File Size : 89. 59 MB
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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."

The Holocaust Fascism And Memory

Author : D. Stone
ISBN : 9781137029539
Genre : History
File Size : 29. 50 MB
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From interpretations of the Holocaust to fascist thought and anti-fascists' responses, this book tackles topics which are rarely studied in conjunction. This is a unique collection of essays on a wide variety of subjects, which contributes to understanding the roots and consequences of mid-twentieth-century Europe's great catastrophe.

C Te D Ivoire

Author : Albin Eser
ISBN : 3428117751
Genre : Criminal jurisdiction
File Size : 30. 59 MB
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