Description : In this classic text, Peter Maguire follows America's legal relationship with war, both before and after the Nuremberg trials of the 1940s. Maguire argues that the precedents set by the trials were nothing less than revolutionary, and he traces the development of these new attitudes throughout American history. The text has been revised throughout, with a new preface and postscript discussing the George W. Bush administration's attempt to rewrite the laws of war after 9/11. Maguire connects these efforts to the decline in American power and reputation. Praise for the previous edition: "[An] intriguing historical analysis."—Harvard Law Review "Outstanding... impressive... a terrific book."—American Historical Review "A five-star accomplishment that will intrigue the reader and prove that, in history, truth is often more fascinating than fiction."—H. W. William Caming, former Nuremberg prosecutor "Perceptive."—Journal of American History "An important and fascinating study, marked by impressive research and moral passion."—Ronald Steel, University of Southern California "A 'must read' for all those interested in international criminal law, war crimes, and war crime trials."—J. C. Watkins Jr., University of Alabama "A sobering exploration of the hypocrisy and double standards that shape the laws of war. Maguire reveals the conflict between American ideology and American imperialism, the Faustian compromises made by our leaders during their elusive quest for justice."—Iris Chang, author of The Rape of Nanking "A pioneering account.... Law and War goes back to the middle of the nineteenth century to trace the history of modern war crimes, their shock value, and the efforts made to bring their perpetrators to account."—Thomas Keenan, Bardian
Description : The third edition of Ingrid Detter's authoritative work explores the changing legal context of modern warfare in light of events over the last decade. The new edition covers post 9/11 events and the resulting changes in the ethos of war. It analyses the role of military companies sometimes authorised by States to act in war-like situations and examines what their legitimacy means for international society. The edition also discusses certain ‘intrinsic’ rules such as rules giving individuals the right to be spared genocide, torture, slavery and apartheid and assure them basic democratic rights.
Description : The authors of this volume have been inspired by the scholar to which this "Liber Amicorum" is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals. The volume also contains a bibliography and a presentation of Professor Bring's work.
Description : In his investigation of such inquiries as the Sioux trials, Wirz trial, Leipzig trials, and the Nuremberg and Tokyo trials following World War II, Maguire agrees that war crimes proceedings on any scale warrant the term "political justice." His examples illustrate the gradations of political justice across three continents and a century of American involvement.
Description : Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime.
Description : The essays discuss the philosophical and political implications of war crimes jurisprudence as well as the surprisingly rich and unexpected historical record of previous war crimes trials. Issues also covered are legislative and judicial approaches to war crimes in Europe, Israel, Australia and North America. This publication contains an indispensable new material and careful legal analysis. .
Description : This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.