Download or read book War and International Justice written by Brian Orend and published by Wilfrid Laurier Univ. Press. This book was released on 2010-10-30 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.

Download or read book Peace with Justice written by Paul R. Williams and published by Rowman & Littlefield. This book was released on 2002 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

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 Toward a Just World written by Dorothy V. Jones and published by University of Chicago Press. This book was released on 2002-12-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Toward a Just World is an insightful and thoughtful history. The first half of the twentieth century and the heroic efforts of those who sought international justice during that time will be much better understood and appreciated thanks to this fascinating book."—Robert F. Drinan, Georgetown University A century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. Yet now we depend on institutions such as these to air and punish crimes against humanity, as we have seen in the International Criminal Tribunal for Rwanda and the appearance of Serbian leader Slobodan Milosevic before the Tribunal for the Former Yugoslavia. Toward a Just World tells the remarkable story of the long struggle to craft the concept of international justice that we have today. Dorothy V. Jones focuses on the first half of the twentieth century, the pivotal years in which justice took on expanded meaning in conjunction with ideas like world peace, human rights, and international law. Fashioning both political and legal history into a compelling narrative, Jones recovers little-known events from undeserved obscurity and helps us see with new eyes the pivotal ones that we think we know. Jones also covers many of the milestones in the history of diplomacy, from the Treaty of Versailles and the creation of the League of Nations to the Nuremberg war crimes tribunal and the making of the United Nations. As newspapers continue to fill their front pages with stories about how to administer justice to al Qaeda and Saddam Hussein, Toward a Just World will serve as a timely reminder of how the twentieth century achieved one of its most enduring triumphs: giving justice an international meaning.

Download or read book Japanese War Criminals written by Sandra Wilson and published by Columbia University Press. This book was released on 2017-02-14 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.

Download or read book Michael Walzer on War and Justice written by Brian Orend and published by McGill-Queen's Press - MQUP. This book was released on 2001-03-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Michael Walzer on War and Justice Brian Orend offers the first clear and comprehensive look at Walzer's entire body of work. He deals with controversial subjects - from bullets, blood, and bombs to the distribution of money, political power, and health care - and surveys both the national and the international fields of justice. This is an important book that provides a thought-provoking and critical look at some of the most pressing and controversial topics of our time.

Download or read book Balkan Justice written by Michael P. Scharf and published by . This book was released on 1997 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Billed by the international media as "the trial of the century," the Tadic case was punctuated by gripping testimony of atrocities, controversial judicial rulings, recanting star witnesses, and performances worthy of an Academy Award. What emerges is a compelling account of the historic trial which documented the full horror of the inhuman acts committed in the former Yugoslavia.

Download or read book War Crimes written by David Chuter and published by Lynne Rienner Publishers. This book was released on 2003 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A nuanced discussion of why war crimes occur, what can be done to bring the perpetrators to justice, and the prospects of preventing such atrocities in the future.

Download or read book Justice in a Time of War written by Pierre Hazan and published by Texas A&M University Press. This book was released on 2004-09-03 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.

Download or read book Standing Up for Justice written by Theodor Meron and published by Oxford University Press. This book was released on 2021-03-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decades, Judge Meron has been at the heart of the international criminal justice system, serving as President of the International Criminal Tribunal for the former Yugoslavia (ICTY), President of the International Residual Mechanism for Criminal Tribunals, and a Judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda. Drawing on this experience, and his life and career before serving as an international judge, Judge Meron reflects on some of the key questions facing the international criminal justice system. In the opening chapter, Judge Meron writes vividly about his childhood experiences in Poland during World War II, his education, career with the Israeli Foreign Ministry, and subsequent move into academia in the United States. The book continues with Meron's reflections on what it means to transform from a law professor into an international criminal judge, and shifts focus to the criminal courtroom, addressing topics such as the judicial function, the rule of law, and the principle of fairness in trying atrocity crimes: genocide, crimes against humanity, and war crimes. Judge Meron discusses judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, he addresses the controversial subjects of acquittals and the early release of prisoners. Although acquittals are often seen as a failure of international justice, Judge Meron argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks ahead at the challenges facing the future of international justice and accountability, and discusses the all-important question: does international criminal justice work?

Download or read book Problems of International Justice written by Steven Luper-Foy and published by Routledge. This book was released on 2019-10-02 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the topic of international justice did arise, discussion rarely got beyond recommendations about how nations could avoid war, as well as suggestions about when a declaration of war was morally justifiable and what sorts of methods might be used in the course of a justifiable war the topics of so-called just-war theory. Such is no longer the case.To be sure, just-war theory is reaching greater states of sophistication,much of it focused around Michael Walzer's book Just and Unjust Wars.Excerpts from Walzer's book appear here, in Part Two, along with a set of newly written chapters that deal with issues arising from the use of violence among nations. The topics of these chapters are foreign interventionism and states' rights, deterrence and the threat of nuclear reprisal, and terrorism.But issues of international justice other than just-war theory have been discussed by an an ever-increasing group of twentieth-century scholars. These issues deal with what might be called (for lack of a better term) distributive justice, which concerns the distribution of the world's natural resources and the goods produced by laborers across the world, as well as the duties,rights, and liberties possessed by individuals. How such items ought to be distributed within nation-states has been discussed extensively by social and political philosophers. Only in recent years has any attention been paid to the proper distribution of goods internationally. The chapters in Part One all do so. With one exception, all of these chapters are written for this volume. The exception is an excerpt from Charles Beitz's book PoliticalTheory and International Relations, Part Three of which is reproduced here almost in its entirety. The other chapters in this part are devoted to the topics of justice and the distribution of the world's resources, the obligation to assist the needy, the responsibilities of international corporations, and justice and the global environment.

Download or read book Global Justice written by Kingsley Chiedu Moghalu and published by Bloomsbury Publishing USA. This book was released on 2006-10-30 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.

Download or read book International Justice in the United Nations General Assembly written by Ramsden, Michael and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.

Download or read book The Tokyo War Crimes Trial written by Yuma Totani and published by BRILL. This book was released on 2020-03-17 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book assesses the historical significance of the International Military Tribunal for the Far East (IMTFE)—commonly called the Tokyo trial—established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II. Through extensive research in Japanese, American, Australian, and Indian archives, Yuma Totani taps into a large body of previously underexamined sources to explore some of the central misunderstandings and historiographical distortions that have persisted to the present day. Foregrounding these voluminous records, Totani disputes the notion that the trial was an exercise in “victors’ justice” in which the legal process was egregiously compromised for political and ideological reasons; rather, the author details the achievements of the Allied prosecution teams in documenting war crimes and establishing the responsibility of the accused parties to show how the IMTFE represented a sound application of the legal principles established at Nuremberg. This study deepens our knowledge of the historical intricacies surrounding the Tokyo trial and advances our understanding of the Japanese conduct of war and occupation during World War II, the range of postwar debates on war guilt, and the relevance of the IMTFE to the continuing development of international humanitarian law."

Download or read book Customary Justice and the Rule of Law in War torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Download or read book Global Justice Kant and the Responsibility to Protect written by Heather Roff and published by Routledge. This book was released on 2013-06-26 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory. The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria. This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty’s provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant’s account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.

Download or read book Punishment Justice and International Relations written by Anthony F. Lang Jr. and published by Routledge. This book was released on 2009-10-16 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume argues that a wide range of policies in the international system today – economic sanctions, military intervention, and counter terrorism policy – are part of a ‘punitive ethos’ that has arisen since the end of the Cold War.