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 : 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 : 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 : 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 : 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 : 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 : After Auschwitz, the world said "Never again". Yet 50 years after the end of World War II, the world is again witnessing genocide--concentration camps in Bosnia and the slaughter of millions in Rwanda. This book examines the significance of the Nuremberg trials and the undeniable political and legal influence they exert over the war crimes proceedings taking place today--the Yugoslav War Crimes Tribunal. Featuring transcripts from the original testimony, this work accompanies Court TV's 12-hour documentary on the 50th anniversary of the Nuremberg trials. Photos.