Description : This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Description : Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 101. Chapters: Genocide, Piracy, Crime against humanity, War crime, Universal jurisdiction, Nuremberg Code, Convention on the Prevention and Punishment of the Crime of Genocide, Civilian casualties, War Crimes Law, List of war crimes, Special Tribunal for Lebanon, Command responsibility, Superior Orders, European Arrest Warrant, Preemptive war, War of aggression, Crime of apartheid, Joint Criminal Enterprise, Russell Tribunal, Hans K chler's Lockerbie trial observer mission, Nuremberg Principles, Amnesty law, Hostis humani generis, Caribbean Court of Justice, Lawfare, List of parties to the Genocide Convention, World Tribunal on Iraq, Crime against peace, Immunity from prosecution, Nuremberg and Vietnam: An American Tragedy, Peremptory norm, Case Concerning the Arrest Warrant of 11 April 2000, Caroline test, Global Justice or Global Revenge, London Charter of the International Military Tribunal, Avocats Sans Fronti res, United Nations 1956 Supplementary Convention on the Abolition of Slavery, Interpol notice, International Association of Genocide Scholars, Lotus case, Aut dedere aut judicare, BRussells Tribunal, Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, Periodic Report of the United States of America to the United Nations Committee Against Torture, International Network of Genocide Scholars, Caribbean Association of Judicial Officers, United Nations General Assembly Resolution 96, International crime, United Nations General Assembly Resolution 177. Excerpt: This article lists and summarizes some of the war crimes committed since the Hague Convention of 1907. In addition, those incidents which have been judged in a court of justice to be Crimes Against Peace that have been committed since these crimes were first defined are also included. Since many war crimes are not u...
Description : Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 101. Chapters: Genocide, Piracy, Crime against humanity, War crime, Universal jurisdiction, Nuremberg Code, Convention on the Prevention and Punishment of the Crime of Genocide, Civilian casualties, War Crimes Law, List of war crimes, Special Tribunal for Lebanon, Command responsibility, Superior Orders, European Arrest Warrant, Preemptive war, War of aggression, Crime of apartheid, Joint Criminal Enterprise, Russell Tribunal, Hans Kochler's Lockerbie trial observer mission, Nuremberg Principles, Amnesty law, Hostis humani generis, Caribbean Court of Justice, Lawfare, List of parties to the Genocide Convention, World Tribunal on Iraq, Crime against peace, Immunity from prosecution, Nuremberg and Vietnam: An American Tragedy, Peremptory norm, Case Concerning the Arrest Warrant of 11 April 2000, Caroline test, Global Justice or Global Revenge, London Charter of the International Military Tribunal, Avocats Sans Frontieres, United Nations 1956 Supplementary Convention on the Abolition of Slavery, Interpol notice, International Association of Genocide Scholars, Lotus case, Aut dedere aut judicare, BRussells Tribunal, Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, Periodic Report of the United States of America to the United Nations Committee Against Torture, International Network of Genocide Scholars, Caribbean Association of Judicial Officers, United Nations General Assembly Resolution 96, International crime, United Nations General Assembly Resolution 177.
Description : This volume, covering entries A-H, presents information on those acts that fall within the definitions developed over the past century of crimes under international law: war crimes, genocide, and crimes against humanity.
Description : This new edition of the Human Rights Module updates and expands the first and second. Within Part One, the book provides a relatively concise and up-to-date exploration of the “core” international crimes most often associated with human rights infractions for those interested in human rights and for use in international law courses, human rights courses, or seminars. The Module is unique because it is relatively compact and contains needed documents. “Core” crimes include crimes against humanity, genocide, other crimes against human rights (such as torture, criminalized race discrimination, apartheid, hostage-taking, and disappearances), and war crimes. There is a new introductory chapter on Human Rights Law that provides sections on the general nature and sources of international law, individual responsibility and general human rights. A final chapter focuses on civil sanctions in the U.S. for human rights violations, with attention to relevant federal statutes and various U.S. cases. Part Two of the book contains the many documents needed for students. The Module allows professors to cover basic areas and to supplement a course or seminar experience with other materials of their choice.
Description : This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law
Description : Entries address topics related to genocide, crimes against humanity and peace, and human rights violations; profile perpetrators including Joseph Stalin, Pol Pot, and Idi Amin; and discuss institutions set up to prosecute these crimes in countries around the world.
Description : The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.
Description : The World and Darfur brings together genocide scholars from a range of disciplines - social history, art history, military history, African studies, media studies, literature, political science, sociology - to provide a cohesive and nuanced understanding
Description : 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.
Description : In 2000, the International Panel of Eminent Personalities that investigated the genocide in Rwanda concluded that intervention could have saved the thousands of lives that perished in less than a hundred days. The finding made it clear that Africa as a continent needed to develop in earnest the normative and institutional framework to save the lives of its inhabitants faced with massive crimes. In 2001, the African states established the African Union, endowed with a right of intervention inside its member states against genocide, crimes against humanity, and war crimes. This book investigates the legality of the African Union's right of intervention under international law. It critically analyzes the constituent elements of the African Union's right of intervention and elucidates the norms and institutions relevant for its effective implementation. The book uses the Darfur atrocities and the surrounding events to explain the challenges in the application of the African Union's right of intervention against genocide, crimes against humanity, and war crimes.
Description : An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.
Description : A profound and profoundly important book—a moving personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitler’s Third Reich. East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of “genocide” and “crimes against humanity,” both of whom, not knowing the other, studied at the same university with the same professors, in a city little known today that was a major cultural center of Europe, “the little Paris of Ukraine,” a city variously called Lemberg, Lwów, Lvov, or Lviv. The book opens with the author being invited to give a lecture on genocide and crimes against humanity at Lviv University. Sands accepted the invitation with the intent of learning about the extraordinary city with its rich cultural and intellectual life, home to his maternal grandfather, a Galician Jew who had been born there a century before and who’d moved to Vienna at the outbreak of the First World War, married, had a child (the author’s mother), and who then had moved to Paris after the German annexation of Austria in 1938. It was a life that had been shrouded in secrecy, with many questions not to be asked and fewer answers offered if they were. As the author uncovered, clue by clue, the deliberately obscured story of his grandfather’s mysterious life, and of his mother’s journey as a child surviving Nazi occupation, Sands searched further into the history of the city of Lemberg and realized that his own field of humanitarian law had been forged by two men—Rafael Lemkin and Hersch Lauterpacht—each of whom had studied law at Lviv University in the city of his grandfather’s birth, each considered to be the father of the modern human rights movement, and each, at parallel times, forging diametrically opposite, revolutionary concepts of humanitarian law that had changed the world. In this extraordinary and resonant book, Sands looks at who these two very private men were, and at how and why, coming from similar Jewish backgrounds and the same city, studying at the same university, each developed the theory he did, showing how each man dedicated this period of his life to having his legal concept—“genocide” and “crimes against humanity”—as a centerpiece for the prosecution of Nazi war criminals. And the author writes of a third man, Hans Frank, Hitler’s personal lawyer, a Nazi from the earliest days who had destroyed so many lives, friend of Richard Strauss, collector of paintings by Leonardo da Vinci. Frank oversaw the ghetto in Lemberg in Poland in August 1942, in which the entire large Jewish population of the area had been confined on penalty of death. Frank, who was instrumental in the construction of concentration camps nearby and, weeks after becoming governor general of Nazi-occupied Poland, ordered the transfer of 133,000 men, women, and children to the death camps. Sands brilliantly writes of how all three men came together, in October 1945 in Nuremberg—Rafael Lemkin; Hersch Lauterpacht; and in the dock at the Palace of Justice, with the twenty other defendants of the Nazi high command, prisoner number 7, Hans Frank, who had overseen the extermination of more than a million Jews of Galicia and Lemberg, among them, the families of the author’s grandfather as well as those of Lemkin and Lauterpacht. A book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder. Powerful; moving; tender; a revelation.
Description : On 17 July 1998 South Africa signed and ratified the Rome Statute of the International Criminal Court, thereby becoming the 23rd State Party. To domesticate the obligations in the Rome Statute, South Africa's parliament drafted The Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which became law on 16 August 2002. The passing of the ICC Act was momentous: prior to the Act, South Africa had no domestic legislation on the subject of war crimes or crimes against humanity, and no domestic prosecutions of international crimes had taken place in this country. The ICC Act is the means by which to remedy that failure, and is in any event the domestic legislation that South Africa (as a State Party to the Rome Statute) was legally obliged to pass in order to comply with its duties under the Statute's complementarity scheme. This paper reflects on South Africa's membership of the ICC regime, and considers the domestic steps the country has taken in its relationship with the ICC. There is much to commend South Africa's involvement in the ICC scheme, and the ICC Act might be considered an example for other African states as they draft their own implementation legislation.
Description : As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victor's justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victor's justice. This book traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, with a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade.