Description : From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. 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. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and 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 : In this edited collection, Theodor Meron, the world's most important author on issues of international humanitarian law, brings together a fascinating collection of his essays on war crimes and related areas, together with a new concluding chapter, from which the book takes its title, which brings together the themes explored in the essays. The rapid and fundamental developments in the last few years on the establishment of individual criminal responsibility for serious violations of international humanitarian law have been such that now more than ever is an appropriate time to assess their principal features. This book will be welcomed by all scholars in the field as a useful and significant contribution to our understanding of international humanitarian law.
Description : Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
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."& mdash Harvard Law Review "Outstanding... impressive... a terrific book."& mdash; American Historical Review "A five-star accomplishment that will intrigue the reader and prove that, in history, truth is often more fascinating than fiction."& mdash;H. W. William Caming, former Nuremberg prosecutor "Perceptive."& mdash; Journal of American History "An important and fascinating study, marked by impressive research and moral passion."& mdash;Ronald Steel, University of Southern California "A 'must read' for all those interested in international criminal law, war crimes, and war crime trials."& mdash;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."& mdash;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."& mdash;Thomas Keenan, Bardian
Description : Across America today gated communities sprawl out from urban centers, employers enforce mandatory drug testing, and schools screen students with metal detectors. Social problems ranging from welfare dependency to educational inequality have been reconceptualized as crimes, with an attendant focus on assigning fault and imposing consequences. Even before the recent terrorist attacks, non-citizen residents had become subject to an increasingly harsh regime of detention and deportation, and prospective employees subjected to background checks. How and when did our everyday world become dominated by fear, every citizen treated as a potential criminal? In this startlingly original work, Jonathan Simon traces this pattern back to the collapse of the New Deal approach to governing during the 1960s when declining confidence in expert-guided government policies sent political leaders searching for new models of governance. The War on Crime offered a ready solution to their problem: politicians set agendas by drawing analogies to crime and redefined the ideal citizen as a crime victim, one whose vulnerabilities opened the door to overweening government intervention. By the 1980s, this transformation of the core powers of government had spilled over into the institutions that govern daily life. Soon our schools, our families, our workplaces, and our residential communities were being governed through crime. This powerful work concludes with a call for passive citizens to become engaged partners in the management of risk and the treatment of social ills. Only by coming together to produce security, can we free ourselves from a logic of domination by others, and from the fear that currently rules our everyday life.
Description : How did the land of the free become the home of the world’s largest prison system? Elizabeth Hinton traces the rise of mass incarceration to an ironic source: not the War on Drugs of the Reagan administration but the War on Crime that began during Johnson’s Great Society at the height of the civil rights era.
Description : Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
Description : Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
Description : Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Description : The Series Annotated Leading Cases of International Criminal Tribunals provides the reader with the full text of the most important decisions, including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.An index is included. The editors of the Series have gathered the most important case law of the International Criminal Tribunals. The added value of the series is that the selected cases are not only shown in their full format but are also summarised and annotated by leading academics in the field of international criminal law. The series Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR and other forms of international criminal adjudication. This eighth volume of annotated case law of international criminal tribunals
Description : Aggression, Crime and International Security examines the concept of aggression in international relations and how it has been dealt with by international law and collective security organisations. This book analyses the evolution of the concept of aggression in international relations from World War I to the post-Rome Statute era. It charts the emergence of two competing visions of this notion: on the one hand, as a triggering mechanism for collective security enforcement among states, and, on the other, as an international crime giving rise to individual responsibility. The author argues that despite certain contemporary international trends suggesting a shift away from traditional, state-centric power structures towards a more cosmopolitan, globalized polity, the history of the concept of aggression demonstrates just how far away this is in reality. By examining aggression in theory and practice at the League of Nations, the Nuremberg and Tokyo Trials, the United Nations, the conference establishing the Rome Statute, and beyond, the book reveals the recurring moral, political and legal challenges this concept poses - challenges which continue to be at the forefront of thinking about international relations today. This book will be of great interest to students of International Law, War Crimes, International Relations and Security Studies.
Description : Until 1919, European wars were settled without post-war trials, and individuals were not punishable under international law. After World War One, European jurists at the Paris Peace Conference developed new concepts of international justice to deal with violations of the laws of war. Though these were not implemented for political reasons, later jurists applied these ideas to other problems, writing new laws and proposing various types of courts to maintain the post-World War One political order. They also aimed to enhance internal state security, address states' failures to respect minority rights, or rectify irregularities in war crimes trials after World War Two. The Birth of the New Justice shows that legal organizations were not merely interested in ensuring that the guilty were punished or that international peace was assured. They hoped to instill particular moral values, represent the interests of certain social groups, and even pursue national agendas. When jurists had to scale back their projects, it was not only because state governments opposed them. It was also because they lacked political connections and did not build public support for their ideas. In some cases, they decided that compromises were better than nothing. Rather than arguing that new legal projects were spearheaded by state governments motivated by "liberal legalism," Mark Lewis shows that legal organizations had a broad range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. The International Law Association, the International Association of Penal Law, the World Jewish Congress, and the International Committee of the Red Cross transformed the concept of international violation to deal with new political and moral problems. They repeatedly altered the purpose of an international criminal court, sometimes dropping it altogether when national courts seemed more pragmatic.
Description : Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
Description : Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Description : Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.
Description : Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.