Download or read book The Contribution of the Rwanda Tribunal to the Development of International Law cby L J Van Den Herik written by L. J. Van Den Herik and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a thorough analysis of the establishment and the Statute of the International Criminal Tribunal for Rwanda. Furthermore, it gives insight into how the Rwanda Tribunal has operated in practice during its first ten years and it examines the case law on the three major international crimes: genocide, crimes against humanity and war crimes. The author provides a balanced judgement of the contribution of the Rwanda Tribunal towards the development of international criminal law, emphasizing its strong points, in particular the case law on genocide, but also exposing its weaknesses in terms of legal reasoning. The author also demonstrates the inherent limits of the Rwanda Tribunal due to the political and social situation within Rwanda and due to its own Statute.

Download or read book The Contribution of the Rwanda Tribunal to the Development of International Law written by and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a thorough analysis of the establishment and the Statute of the International Criminal Tribunal for Rwanda. Furthermore, it gives insight into how the Rwanda Tribunal has operated in practice during its first ten years and it examines the case law on the three major international crimes: genocide, crimes against humanity and war crimes. The author provides a balanced judgement of the contribution of the Rwanda Tribunal towards the development of international criminal law, emphasizing its strong points, in particular the case law on genocide, but also exposing its weaknesses in terms of legal reasoning. The author also demonstrates the inherent limits of the Rwanda Tribunal due to the political and social situation within Rwanda and due to its own Statute.

Download or read book Judge Ant nio A Can ado Trindade The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2017-03-06 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. We also offer this title as part of a 3 volume set (isbn 9789004375048).

Download or read book The Elgar Companion to the International Criminal Tribunal for Rwanda written by Anne-Marie de Brouwer and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice.

Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by Martinus Nijhoff Publishers. This book was released on 2013-06-17 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.

Download or read book Multiculturalism and International Law written by Sienho Yee and published by BRILL. This book was released on 2009-03-31 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law—an ever more topical issue—in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.

Download or read book The Use of Nuclear Weapons and the Protection of the Environment during International Armed Conflict written by Erik V Koppe and published by Bloomsbury Publishing. This book was released on 2008-04-25 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that "while the existing international law relating to the protection and safeguarding of the environment does not specifically prohibit the use of nuclear weapons it indicates important environmental factors that are properly to be taken into account in the context of the implementation of the principles and rules of the law applicable in armed conflict." The present work analyses this conclusion, focusing on the question whether or not the use of nuclear weapons during international armed conflict would violate existing norms of public international law relating to the protection and safeguarding of the environment. Although the use of weaponry during armed conflict is usually related to the protection of individuals, the rapidly emerging appreciation of, and the worldwide realization of the intrinsic value of, the natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future generations, warrants a thorough and extensive examination of the question of the (il)legality of the employment of nuclear weapons from the point of view of international environmental protection law. The book consists of two parts. Part I discusses the historical development and the effects of nuclear weapons; Part II discusses the protection of the environment during international armed conflict under ius in bello, ius ad bellum and ius pacis. Only then is it possible to assess the legality of the use of nuclear weapons under this particular set of rules.

Download or read book Judges and the Making of International Criminal Law written by Joseph Powderly and published by BRILL. This book was released on 2020-06-08 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.

Download or read book Genocide written by Adam Jones and published by Routledge. This book was released on 2010-09-13 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. The book is designed as a text for upper-undergraduate and graduate students, as well as a primer for non-specialists and general readers interested in learning about one of humanity’s enduring blights. Fully updated to reflect the latest thinking in this rapidly developing field, this new edition: provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including an extended discussion of the concept of genocidal intent, and the dynamism and contingency of genocidal processes discusses the role of state-building, imperialism, war, and social revolution in fueling genocide supplies a wide range of full-length case studies of genocides worldwide, each with an accompanying box-text explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies considers "The Future of Genocide," with attention to historical memory and genocide denial; initiatives for truth, justice, and redress; and strategies of intervention and prevention. Written in clear and lively prose, liberally sprinkled with over 100 illustrations and maps, and including personal testimonies from genocide survivors, Genocide: A Comprehensive Introduction has established itself as the core textbook of the new generation of genocide scholarship. An accompanying website (www.genocidetext.net) features a broad selection of supplementary materials, teaching aids, and Internet resources.

Download or read book United States Law and Policy on Transitional Justice written by Zachary Daniel Kaufman and published by Oxford University Press. This book was released on 2016 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Download or read book Achievements and Shortcomings of International Criminal Tribunal for Rwanda written by Karina Oborune and published by GRIN Verlag. This book was released on 2010-11 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2009 in the subject Politics - Topic: Peace and Conflict, Security, grade: A-, University of Basel (Europainstitut), course: Friedensförderungsseminar, language: English, abstract: ABSTRACT Aim of paper This paper deals with the effectiveness and achievements of ICTR that can be viewed in light of aims set out in the UN Resolution 955, 1994. In the Resolution UN is determined to: 1) have effective application and enforcement of restrictions against the warfare perpetrators; 2) bring justice and ensure that violations are halted; 3) have fair trials; 4) contribute to criminal justice and process of reconciliation and restoration and maintenance of peace. Hypotheses In the present paper author put forward two hypotheses. The first hypothesis is that creation of ICTR was a logical, but moderate step, which would have not been necessary if global society would have appropriately reacted to previous warnings about possible genocide in Rwanda. The second hypothesis is that ICTR was merely a vehicle of justice, but it is hardly designed as a vehicle for reconciliation. Analytical framework Author has discussed the work of ICTR and refer to particular aims, possibility of their achievement and assess outcomes. Author used three tools of analytical framework: legal, political and economical, as from these different standing points it is possible to assess the work of ICTR in its entirety. Legal aspects of work of ICTR extend from mere procedural points to ICTR's contribution to legal tradition and legal developments. Author depicted which of legal aspects have undermined the authority and image of ICTR, as well as could be deemed as actual shortcomings, and how these aspects influence achievement of justice as the ultimate goal of legal authority. Financial aspect shows the costs of ICTR, but political aspect deals with assessment of set goals in the Resolution and bringing justice as a prerogative, as it is expected to be effecti

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2008-11-13 with total page 1664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.

Download or read book The Law of Non International Armed Conflict written by Sandesh Sivakumaran and published by Oxford University Press. This book was released on 2012-08-09 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.

Download or read book Essays on Genocide and Humanitarian Intervention written by Guenter Lewy and published by University of Utah Press. This book was released on 2012-04-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong collection of essays about mass murder and humanitarian intervention that is sure to incite discussion

Download or read book The Rome Statute as Evidence of Customary International Law written by Yudan Tan and published by BRILL. This book was released on 2021-08-09 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.

Download or read book The Access of Individuals to International Justice written by Antônio Augusto Cançado Trindade and published by Oxford University Press. This book was released on 2011-08-25 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. --

Download or read book Protecting Humanity written by Chile Eboe-Osuji and published by BRILL. This book was released on 2010-09-24 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navi Pillay is a modern icon in the world’s efforts to protect humanity through international law and policy. She played a leading role in the multi-national operation to clean up the humanitarian dross left on the essence of modern civilization by the Rwandan Genocide of 1994. Her contributions in that effort were in virtue of her role as a judge—and, eventually, as the President—of the International Criminal Tribunal for Rwanda. From there, she went on to serve as one of the first appeal judges at the newly established International Criminal Court—another international endeavour aimed at protecting humanity through law. In time, she was fittingly appointed the United Nations High Commissioner for Human Rights, just ahead of a call to honour her with a book of essays in international law and policy, for the contributions that she had already made in the international enterprise of protecting humanity. Inspired by Pillay, some of the modern legends and experts in international law and policy have, in this volume, shared their experiences and thoughts on how better to protect humanity in our time. In the book, we read the wise words of Nobel laureates and other envoys of peace, renowned international judges and famous scholars, as well as those of energetic younger minds with great promise. Some chapters are in French.