Download or read book International Justice in the Shadow of Realpolitik written by Jackson Nyamuya Maogoto and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunals for the Former Yugoslavia and Rwanda establish the beginning of a new pattern in the genuine international implementation of international criminal law and the move back to the international model inaugurated at Nuremberg. But even these tribunals were first and foremost, the by-products of international realpolitik. They were born out of a political desire to redeem the international community's conscience rather than the primary commitment of the international community to guarantee international justice. In the early stages, there was a persistent lack of political will by Member States to act, or to act with enough assertiveness with regard to the conflicts, notwithstanding the exposition of deliberate and systematic patterns of massive violations of human rights. The Yugoslav and Rwanda Tribunals were not established because of the United Nations, or the powerful States that control it. They were not established because of an intrinsic value on punishing war criminals or upholding the rule of law. Rather, the mobilisation of shame by non-governmental organisations and especially the grisly pictures beamed to the world by the television camera created a public relations nightmare and made liars of the centres of Western civilisation.
Download or read book War Crimes and Realpolitik written by Jackson Nyamuya Maogoto and published by Lynne Rienner Pub. This book was released on 2004 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the evolution and operation of the international criminal justice system and highlighting the influences of politics, this book takes the reader behind the scenes of the conflict between justice and realpolitik.
Download or read book Impediments to the Prevention and Intervention of Genocide written by Samuel Totten and published by Routledge. This book was released on 2017-09-08 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academics, NGOs, the United Nations, and individual nations are focused on the prevention and intervention of genocide. Traditionally, missions to prevent or intervene in genocide have been sporadic and under-resourced. The contributors to this volume consider some of the major stumbling blocks to the avoidance of genocide. Bartrop and Totten argue that realpolitik is the major impediment to the elimination of genocide. Campbell examines the lack of political will to confront genocide, and Theriault describes how denial becomes an obstacle to intervention against genocide. Loyle and Davenport discuss how intervention is impeded by a lack of reliable data on genocide violence, and Macgregor presents an overview of the influence of the media. Totten examines how the UN Convention on Genocide actually impedes anti-genocide efforts; and how the institutional configuration of the UN is itself often a stumbling block. Addressing an issue that is often overlooked, Travis examines the impact of global arms trade on genocide. Finally, Hiebert examines how international criminal prosecution of atrocities can impede preventive efforts, and Hirsch provides an analysis of the strengths, weaknesses, and effectiveness of major international and national prescriptions developed over the last decade. The result is a distinguished addition to Transaction's prestigious Genocide Studies series.
Download or read book The Prevention and Intervention of Genocide written by Samuel Totten and published by Routledge. This book was released on 2008-03-31 with total page 1164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is comprised of over 2,300 annotations on a wide array of issues and topics germane to the subject of preventing the atrocities of genocide and managing these conflicts when they do arise. Samuel Totten brings together in one comprehensive collection the research and findings in various fields, such as political science, sociology, history, and psychology, to enable specialists in genocide studies, peace studies, and conflict resolution to benefit from the insights of a diverse range of scholars and foster an understanding of how the various components of genocide studies connect. Among the topics included are: key conventions, international treaties, and covenants genocide early warning signals and forecasting risk data bases sanctions peacekeeping missions conflict resolution the International Criminal Court realpolitik vis-à-vis the issue of genocide prevention and intervention key non-governmental agencies key governmental and UN bodies working on these important issues. In addition to the annotations, Totten frames the bibliography with a major essay that introduces the reader to the subject of prevention and intervention of genocide, raising a host of critical issues regarding the strengths, weaknesses, and limitations of various approaches germane to issues of managing these conflicts.
Download or read book Forging a Convention for Crimes against Humanity written by Leila Nadya Sadat and published by Cambridge University Press. This book was released on 2011-03-28 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.
Download or read book The Legislative History of the International Criminal Court 2 vols written by M. Cherif Bassiouni and published by BRILL. This book was released on 2016-10-05 with total page 1621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.
Download or read book The Legal Regime of the International Criminal Court written by Jose Doria and published by BRILL. This book was released on 2009-06-24 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.
Download or read book State Sovereignty and International Criminal Law Versailles to Rome written by Jackson Maogoto and published by BRILL. This book was released on 2021-12-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative text is shows how there has been a concerted effort, since the end of World War I, to curb a state's power and freedom of action through the concept of international accountability to a set of recognized rules and norms. A state not only is to adhere to these rules but also can be sanctioned by an international penal process through enforcement of international criminal law. Adoption of the Rome Statute and the creation of the International Criminal Court are the culmination of many years of effort to challenge the power of state action. Scholars and students of international law with an interest in international criminal law will find this volume an interesting narrative of how the developments of international penal mechanisms of the 20th century have contributed to a diminution of state sovereignty. Published under the Transnational Publishers imprint.
Download or read book International Criminal Law Volume 1 Sources Subjects and Contents written by M. Cherif Bassiouni and published by BRILL. This book was released on 2008-12-31 with total page 1126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).
Download or read book The UN International Criminal Tribunals written by William A. Schabas and published by Cambridge University Press. This book was released on 2006-07-20 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
Download or read book Encyclopedia of Criminology written by J. Mitchell Miller and published by Routledge. This book was released on 2013-12-17 with total page 4407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume work offers a comprehensive review of the pivotal concepts, measures, theories, and practices that comprise criminology and criminal justice. No longer just a subtopic of sociology, criminology has become an independent academic field of study that incorporates scholarship from numerous disciplines including psychology, political science, behavioral science, law, economics, public health, family studies, social work, and many others. The three-volume Encyclopedia of Criminology presents the latest research as well as the traditional topics which reflect the field's multidisciplinary nature in a single, authoritative reference work. More than 525 alphabetically arranged entries by the leading authorities in the discipline comprise this definitive, international resource. The pivotal concepts, measures, theories, and practices of the field are addressed with an emphasis on comparative criminology and criminal justice. While the primary focus of the work is on American criminology and contemporary criminal justice in the United States, extensive global coverage of other nations' justice systems is included, and the increasing international nature of crime is explored thoroughly. Providing the most up-to-date scholarship in addition to the traditional theories on criminology, the Encyclopedia of Criminology is the essential one-stop reference for students and scholars alike to explore the broad expanse of this multidisciplinary field.
Download or read book Crimes against Humanity written by M. Cherif Bassiouni and published by Cambridge University Press. This book was released on 2011-04-25 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.
Download or read book Choices Under Fire written by Michael Bess and published by Vintage. This book was released on 2009-03-12 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: World War II was the quintessential “good war.” It was not, however, a conflict free of moral ambiguity, painful dilemmas, and unavoidable compromises. Was the bombing of civilian populations in Germany and Japan justified? Were the Nuremberg and Tokyo war crimes trials legally scrupulous? What is the legacy bequeathed to the world by Hiroshima? With wisdom and clarity, Michael Bess brings a fresh eye to these difficult questions and others, arguing eloquently against the binaries of honor and dishonor, pride and shame, and points instead toward a nuanced reckoning with one of the most pivotal conflicts in human history.
Download or read book The Legislative History of the International Criminal Court written by M. Cherif Bassiouni and published by International and Comparative. This book was released on 2005 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Each article of the Rome Statute is presented chronologically, along with all its prior versions. These versions comprise the texts transmitted between the Drafting Committee and the Committee of the Whole at the Rome Diplomatic Conference; the text proposed by the 1998 Preparatory Committee on the Establishment of an ICC; the text completed by the Intersessional meeting in Zutphen; the text proposed by the 1995 Ad Hoc Committee on the Establishment of an International Criminal Court; the text proposed by the International Law Commission in 1994. It also contains government proposals made during the 1995-1998 sessions of the Ad Hoc and Preparatory Committees, most of which have not been made public documents. This organization of the legislative history permits the reader to see the complete textual evolution of each article. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this three-volume publication unmatched for completeness and ease of use. Published under the Transnational Publishers imprint.
Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2004 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Status in the Shadow of Empire written by Cait Storr and published by Cambridge University Press. This book was released on 2020-09-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nauru is often figured as an anomaly in the international order. This book offers a new account of Nauru's imperial history and examines its significance to the histories of international law. Drawing on theories of jurisdiction and bureaucracy, it reconstructs four shifts in Nauru's status – from German protectorate, to League of Nations C Mandate, to UN Trust Territory, to sovereign state – as a means of redescribing the transition from the nineteenth century imperial order to the twentieth century state system. The book argues that as international status shifts, imperial form accretes: as Nauru's status shifted, what occurred at the local level was a gradual process of bureaucratisation. Two conclusions emerge from this argument. The first is that imperial administration in Nauru produced the Republic's post-independence 'failures'. The second is that international recognition of sovereign status is best understood as marking a beginning, not an end, of the process of decolonisation.
