Download or read book Trials of War Criminals Before the Nuremberg Military Tribunals Under Control Council Law No 10 Nuernberg October 1946 April 1949 Case 9 U S v Ohlendorf Einsatzgruppen case written by Germany (Territory under Allied occupation, 1945-1955 : U.S. Zone) Military Tribunals and published by . This book was released on 1949 with total page 1224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders written by Hitomi Takemura and published by Springer Science & Business Media. This book was released on 2008-12-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.
Download or read book Australia s War Crimes Trials 1945 51 written by Georgina Fitzpatrick and published by BRILL. This book was released on 2016-08-29 with total page 911 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume provides a detailed analysis of Australia’s 300 war crimes trials of principally Japanese accused conducted in the immediate aftermath of the Second World War. Part I contains contextual essays explaining why Australia established military courts to conduct these trials and thematic essays considering various legal issues in, and historical perspectives on, the trials. Part II offers a comprehensive collection of eight location essays, one each for the physical locations where the trials were held. In Part III post-trial issues are reviewed, such as the operation of compounds for war criminals; the repatriation of convicted Japanese war criminals to serve the remainder of their sentences; and reflections of some of those convicted on their experience of the trials. In the final essay, a contemporary reflection on the fairness of the trials is provided, not on the basis of a twenty-first century critique of contemporary minimum standards of fair trial expected in the prosecution of war crimes, but by reviewing approaches taken in the trials themselves as well as from reactions to the trials by those associated with them. The essays are supported by a large collection of unique historical photographs, maps and statistical materials. There has been no systematic and comprehensive analysis of these trials so far, which has meant that they are virtually precluded from consideration as judicial precedent. This volume fills that gap, and offers scholars and practitioners an important and groundbreaking resource.
Download or read book Theories of Co perpetration in International Criminal Law written by Lachezar D. Yanev and published by BRILL. This book was released on 2018-05-07 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
Download or read book Volume I Genocide written by Guénaël Mettraux and published by Oxford University Press. This book was released on 2019-06-18 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.
Download or read book Diplomatic Interference and the Law written by Paul Behrens and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diplomatic interference carries considerable potential for disruption. In this context, diplomats have been accused of insulting behaviour, the funding of political parties, incitement to terrorism and even attempts to topple the host government. Reactions can be harsh: expulsions are common and, occasionally, diplomatic relations are severed altogether. But an evaluation under international law faces challenges. Often enough, charges of interference are made when legitimate interests are involved – for instance, when diplomats criticise the human rights record of their hosts. In such cases, diplomats may be able to invoke grounds which are recognised under international law. On the basis of more than 300 cases of alleged diplomatic interference and the practice of about 100 States and territories, Diplomatic Interference and the Law provides an examination of the main areas in which charges of meddling have arisen – such as lobbying activities, contacts with the opposition, propaganda, the use of threats and insults and the granting of asylum. It analyses situations in which the sovereignty of the receiving State meets competing interests and offers solutions which avoid a conflict of norms. It concludes with useful advice for foreign offices and diplomatic agents and underlines the most efficient ways of dealing with situations of alleged interference. ''A book that is here to stay! It is essential reading for diplomats, academics, journalists, students and everyone who has an interest in international law and justice. Based on rigorous research, Paul Behrens' book offers new and thoughtful perspectives on the Vienna Convention on Diplomatic Relations which we drafted in 1961. It demonstrates just how important it is to have a lawyer of his impartiality and integrity if we want to reach peaceful and lasting solutions in international relations. Diplomatic Interference and the Law has the makings of an instant classic, and I have no doubt that it will pave the way for the sorely needed reform of diplomatic law.'' Dr Nelson Iriñiz Casás, Vice President of the Committee of the Whole of the Vienna Conference on Diplomatic Relations in 1961; former Head of the diplomatic missions of Uruguay to Austria, Czechoslovakia, Hong Kong, Denmark and Sweden; author of Corrupción en la ONU. ''Dr Behrens's book rigorously analyses the legal doctrine of non-interference by diplomats in their hosts' internal affairs, and how it may conflict with legal obligations to combat, for example, denial of self-determination and breaches of human rights. Exhaustively researched and in accessible language, with copious, often entertaining examples, it will be an indispensable guide for diplomats. "Behrens on diplomatic interference" will be cited as the definitive authority on the matter for the foreseeable future. I recommend this book to diplomats, lawyers and the general reader: they will all read and refer to it with profit and immense pleasure.'' Sir Brian Barder KCMG, BA (Cantab.), is a former British ambassador to Ethiopia, Bénin and Poland and High Commissioner to Nigeria and Australia. ''Paul Behrens' book breaks new ground. It is the first study to focus on the vexed question of diplomatic 'meddling' in the domestic affairs of the receiving State. It has heightened topicality as many Western governments in their concern to promote human rights and democracy urge their diplomats to be active in their support of civil society, particularly in countries with authoritarian governments. This book is replete with case studies covering the 50 years since the signature of the Vienna Convention and provides an invaluable pathway through this legal minefield.'' Sir Ivor Roberts KCMG FCIL, President of Trinity College, Oxford; Former British Ambassador to Yugoslavia, Ireland and Italy
Download or read book International Law and Armed Conflict written by Laurie R. Blank and published by Aspen Publishing. This book was released on 2021-07-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of Waruses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict
Download or read book International Humanitarian Law written by Emily Crawford and published by Cambridge University Press. This book was released on 2020-03-12 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an accessible, scholarly, and up-to-date examination of international humanitarian law.
Download or read book Blowback written by Christopher Simpson and published by Open Road Media. This book was released on 2014-06-10 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: A searing account of a dark “chapter in U.S. Cold War history . . . to help the anti-Soviet aims of American intelligence and national security agencies” (Library Journal). Even before the final shots of World War II were fired, another war began—a cold war that pitted the United States against its former ally, the Soviet Union. As the Soviets consolidated power in Eastern Europe, the CIA scrambled to gain the upper hand against new enemies worldwide. To this end, senior officials at the CIA, National Security Council, and other elements of the emerging US national security state turned to thousands of former Nazis, Waffen Secret Service, and Nazi collaborators for propaganda, psychological warfare, and military operations. Many new recruits were clearly responsible for the deaths of countless innocents as part of Adolph Hitler’s “Final Solution,” yet were whitewashed and claimed to be valuable intelligence assets. Unrepentant mass murderers were secretly accepted into the American fold, their crimes forgotten and forgiven with the willing complicity of the US government. Blowback is the first thorough, scholarly study of the US government’s extensive recruitment of Nazis and fascist collaborators right after the war. Although others have approached the topic since, Simpson’s book remains the essential starting point. The author demonstrates how this secret policy of collaboration only served to intensify the Cold War and has had lasting detrimental effects on the American government and society that endure to this day.
Download or read book United States of America V Otto written by and published by . This book was released on 1987 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Translating Guilt written by Cassandra Steer and published by Springer. This book was released on 2017-02-26 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
Download or read book Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No 10 Nuremberg October 1946 April 1949 Case 9 U S v Ohlendorf Einsatzgruppen case Case 8 U S v Greifelt RuSHA case written by and published by . This book was released on 1949 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Trial of German Major War Criminals written by International Military Tribunal and published by . This book was released on 1946 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 24 defendants were: Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop, Robert Ley, Wilhelm Keitel, Ernst Kaltenbrunner, Alfred Rosenberg, Hans Frank, Wilhelm Frick, Julius Streicher, Walter Funk, Hjalmar Schacht, Gustav Krupp von Bohlen und Halbach, Karl Dönitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred Jodl, Martin Bormann, Franz von Papen, Arthur Seyss-Inquart, Albert Speer, Constantin von Neurath, and Hans Fritzsche.
Download or read book Obeying Orders written by Mark J. Osiel and published by Routledge. This book was released on 2017-07-05 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti
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 Hitler s Generals on Trial written by Valerie Geneviève Hébert and published by University Press of Kansas. This book was released on 2021-02-12 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.
Download or read book Nazi Policy on the Eastern Front 1941 written by Alex J. Kay and published by University Rochester Press. This book was released on 2012 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nazi Germany's invasion of the Soviet Union in June 1941 and events on the Eastern Front that same year were pivotal to the history of World War II. It was during this year that the radicalization of Nazi policy -- through both an all-encompassing approach to warfare and the application of genocidal practices -- became most obvious. Germany's military aggression and overtly ideological conduct, culminating in genocide against Soviet Jewry and the decimation of the Soviet population through planned starvation and brutal antipartisan policies, distinguished Operation Barbarossa-the code name for the German invasion of the Soviet Union-from all previous military campaigns in modern European history. This collection of essays, written by young scholars of seven different nationalities, provides readers with the most current interpretations of Germany's military, economic, racial, and diplomatic policies in 1941. With its breadth and its thematic focus on total war, genocide, and radicalization, this volume fills a considerable gap in English-language literature on Germany's war of annihilation against the Soviet Union and the radicalization of World War II during this critical year. Alex J. Kay is the author of Exploitation, Resettlement, Mass Murder: Political and Economic Planning for German Occupation Policy in the Soviet Union, 1940-1941 and is an independent contractor for the Ludwig Boltzmann Institute for Research on War Consequences. Jeff Rutherford is assistant professor of history at Wheeling Jesuit University, where he teaches modern European history. David Stahel is the author of Operation Barbarossa and Germany's Defeat in the East and Kiev 1941: Hitler's Battle for Supremacy in the East.
