Description : The stationing of foreign armed forces abroad in peacetime has been a constant & distinctive feature of the post-1945 bipolar world. This book is the first systematic study of the subject to look beyond the areas of criminal & civil jurisdiction to broader issues of international law arising out of the establishment & use of foreign military installations in time of peace. Implementation of basing agreements between states sending & states hosting foreign armed forces has resulted in a large body of state practice that includes such major international incidents as the U.S. air raid on Libya in 1986 & the U.S. intervention in Panama in 1989. This book assesses the future of foreign military installations against the background of the end of the Cold War, the unification of Germany, the dissolution of the Warsaw Pact, & the emerging European security order.
Description : 60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.
Description : Sixty years have passed since the Nuremberg trials of the major Nazi war criminals, but that event still stands as the foundation of international justice. Nuremberg not only ignited a revolution in international law but affected domestic law as well with its simple but profound priniciple that every individual accused of crime is entitled to a full and fair hearing.This book reveals how the precedents set at Nuremberg have affected human rights, race relations, medical practice, big business and even Germany's post-war development. It also examines the Nuremberg trials' influence on the modern war crimes trials of tyrants like Slobodan Milosevic and Saddam Hussein.
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 : This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
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 : The Nuremberg Trial was a landmark in the development of international law; its influence continues to shape our understanding of international criminal justice. This volume presents the most important essays examining the trial from legal, political, historical, and philosophical perspectives. Together, the perspectives provide an overview of the Trial that is invaluable to understanding the significance of the Nuremberg Trial to modern international law andpolitics.
Description : A World History of War Crimes provides a truly global history of war crimes and the involvement of the legal systems faced with these acts. Documenting the long historical arc traced by human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal norms, this book provides a comprehensive one-volume account of war and the laws that have governed conflict since the dawn of world civilizations. Throughout his narrative, Michael Bryant locates the origin and evolution of the law of war in the interplay between different cultures. While showing that no single philosophical idea underlay the law of war in world history, this volume also proves that war in global civilization has rarely been an anarchic free-for-all. Rather, from its beginnings warfare has been subject to certain constraints defined by the unique needs and cosmological understandings of the cultures that produce them. Only in late modernity has law assumed its current international humanitarian form. The criminalization of war crimes in international courts today is only the most recent development of the ancient theme of constraining when and how war may be fought.
Description : Encyclopedia of Public International Law, 4: Use of Force, War, and Neutrality Peace Treaties (N-Z) focuses on hostile inter-State relations and associated questions, as well as the use of force, war, neutrality, and peace treaties. The publication first elaborates on warships, wars of national liberation, war materials, laws of war, war correspondent, war and environment, Versailles Peace Treaty (1919), use of force, United Nations peacekeeping system, United Nations forces, and unfriendly act. The text then ponders on trading with the enemy, suspension of hostilities, surrender, submarine warfare, sequestration, self-preservation, self-defense, sea warfare, safety zones, safe-conduct and safe passage, resistance movements, requisitions, and reparations after World War II. The book examines relief actions, recognition of insurgency and belligerency, prisoners of war, threat to peace, peace treaties, means to safeguard peace, pacifism, occupation after armistice, nuclear tests, non-aggression pacts, and neutrality in air warfare, land warfare, and sea warfare. The text is a vital source of information for researchers interested in the use of force, war, and neutrality peace treaties.
Description : Towards the close of World War II, world leaders had to address the question of what to do with alleged war criminals. In 1945, an International Military Tribunal (IMT) was established to see that war criminals would face justice. This collection of essays brings together scholars from all over the world to explore the short-term effects of the IMT at Nuremberg and its present day impact on the International Criminal Court. The essays include analyses of Soviet investigations into Nazi war crimes during the war, examinations of the German public's reactions to the Nuremberg Trials, and the immediate effect the IMT had on the Tokyo and Austrian Trials post-1945. Other essays examine changes in the Alien Tort Statute and human rights litigation, the ethics of selective justice, the obstacles facing hybrid tribunals, and how the U.S. legal and constitutional system is often in conflict with the International Criminal Court. Each essay shows the long-standing legacy of the Nuremberg Trials and how the IMT has impacted the field of international law.
Description : For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.
Description : For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf. Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites. Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as: Legal terms as used in international law Significant doctrines Prominent cases, decisions and arbitration Important incidents Judicial and literary figures Treaties and conventions Organizations and institutions Acronyms
Description : The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of internationalhuman rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rightsstudents, scholars, advocates and practitioners alike. Online Resource Centre The third edition will be accompanied by a new online resource centre which will house the Annex of Documents, allowing them to be updated between editions.
Description : International Criminal Law provides a set of teaching materials furnishing students with a grounding in the transnational issues likely to arise in federal criminal cases, and also in the law produced as a consequence of international efforts to impose criminal responsibility on the perpetrators of human rights atrocities. International Criminal Law offers, for teaching purposes, a collection of cases (mainly domestic) and other materials, together with notes and questions about those cases and materials. The first part introduces the field of international criminal law, and includes a chapter on the general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals. The second part covers the specific application of those principles to cases involving the Foreign Corrupt Practices Act, antitrust and securities regulation, export controls, computer crimes, narcotics and money laundering, piracy and terrorism, and torture. The third part addresses procedural aspects of trying such cases in U.S. courts. This section also treats the extraterritorial application of the U.S. Constitution, immunities from jurisdiction, mutual assistance in criminal cases, extradition, alternatives to extradition, prisoner transfers, recognition of foreign criminal judgments, and the bearing on international human rights instruments on criminal procedure. The final part of International Criminal Law deals with the prosecution of international crimes, and takes up the question of what crimes constitute international crimes. This section also discusses the Nuremberg and Tokyo precedents, the ad hoc tribunals for the former Yugoslavia and for Rwanda, the Rome Statute of the International Criminal Court, and the substantive law of international crimes such as aggression, genocide, crimes against humanity, and war crimes. International Criminal Law is supplemented annually. This eBook features links to Lexis Advance for further legal research options.
Description : In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.
Description : This volume shows that even democratic countries, like France but not France alone, can commit war crimes, crimes against humanity and even be accomplices in genocides. However, past crimes must be recalled and exposed, particularly if they have been hidden, covered by amnesties, and not judicially punished. They must be visible as part of a country's history in order to ensure that they are not repeated.
Description : Implementing International Humanitarian Law examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal Rwanda (ICTR). The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the International Criminal Court, is examined in light of the decisions rendered by the ad hoc tribunals and of the latest international humanitarian law instruments such as the 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind and the ICC Statute.