Description : The author argues that contemporary international law functions as a two-track system: a made-to-measure law for the dominant countries and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other
Description : The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course—its choice of judges, procedures, decisions, and omissions—General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Description : Nothing is to be gained after a war by the punishment of the vanquished by the victors, even if the vanquished have been to blame for the war itself. It now seems more probable than ever that for victors to assert after a war the 'war guilt' of the vanquished serves but to disguise the real sources of international disturbance. Possibly it is because the western victors in 1919 did not recognize the moral basis of international relations that war returned to Europe and to the world in 1939. Possibly it is because the western victors again in 1945 did not recognize the moral basis of those relations that the world was treated to the spectacle of victors' justice, a.k.a. 'the Nuremberg Trial', and one more great war had ended without leading men's feet into the way of peace.
Description : The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.
Description : "When we captured Kigali, we thought we would face criminals in the state; instead, we faced a criminal population." So a political commissar in the Rwanda Patriotic Front reflected after the 1994 massacre of as many as one million Tutsis in Rwanda. Underlying his statement is the realization that, though ordered by a minority of state functionaries, the slaughter was performed by hundreds of thousands of ordinary citizens, including even judges, human rights activists, and doctors, nurses, priests, friends, and spouses of the victims. Indeed, it is its very popularity that makes the Rwandan genocide so unthinkable. This book makes it thinkable. Rejecting easy explanations of the genocide as a mysterious evil force that was bizarrely unleashed, one of Africa's best-known intellectuals situates the tragedy in its proper context. He coaxes to the surface the historical, geographical, and political forces that made it possible for so many Hutu to turn so brutally on their neighbors. He finds answers in the nature of political identities generated during colonialism, in the failures of the nationalist revolution to transcend these identities, and in regional demographic and political currents that reach well beyond Rwanda. In so doing, Mahmood Mamdani usefully broadens understandings of citizenship and political identity in postcolonial Africa. There have been few attempts to explain the Rwandan horror, and none has succeeded so well as this one. Mamdani's analysis provides a solid foundation for future studies of the massacre. Even more important, his answers point a way out of crisis: a direction for reforming political identity in central Africa and preventing future tragedies.
Description : Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.
Description : As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.
Description : International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.
Description : Advocates of the ‘Nuremberg legacy’ emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures for ‘war crimes’. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well as for the International Criminal Court. The problem with this legacy, however, is that it is based solely on the experience of West Germany. Furthermore, the effect of the procedure on post-conflict society has not been empirically examined. This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan. Madoka Futamura examines the short- and long-term impact of the International Military Tribunal for the Far East (the Tokyo Trial), on post-war Japan, in order to improve the understanding of and strategy for ongoing international war crimes tribunals. War Crimes Tribunals and Transitional Justice will be of much interest to students of war crimes, international law, transitional justice and international relations in general.
Description : Yuma Totani assesses the historical significance of the International Military Tribunal for the Far East (IMTFE) - commonly called the Tokyo trial - established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II.
Description : Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.
Description : One of the most troublesome unresolved problems facing many Asian and Western countries after the Asia Pacifi c war (1931-1945) is the question of the atrocities committed by the Japanese Imperial Army throughout Asia and the Japanese governments repeated attempts to whitewash its wartime responsibilities. The psychological and physical wounds suffered by victims, their families, and relations remain unhealed after more than half a century, and the issue is now pressing. This collection, edited by Peter Li, undertakes the critical task of addressing some of the multifaceted and complex issues of Japanese war crimes, redress, and denial...".
Description : Do states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, political philosophers and political theorists to explore the central notions of international legitimacy and global justice. The essays examine how these notions are related and how understanding the relationships will help us comparatively assess the validity of proposals for the reform of international institutions and public international law.
Description : "Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe"--
Description : This volume reviews the achievements and limitations of the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the creation of mixed national/international courts: the Special Court for Sierra Leone and the Cambodia Tribunal. The major, unexpected and promising judiciary innovation is however the creation of the International Criminal Court in 1998, supported by the UN, European Union members and other countries, effectively promoted by NGOs, but strongly opposed by the USA. The Court will have to show that it is a fair and valuable instrument in fighting impunity at the international level.
Description : When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries
Description : This book explores pacted transitions to democracy, in which former autocrats are granted amnesty in exchange for allowing free elections.
Description : Military power is now the main vehicle for regime change. The US army has been used on more than 30 different occasions in the post-Cold War world compared with just 10 during the whole of the Cold War era. Leading scholar Andrew Williams tackles contemporary thinking on war with a detailed study on liberal thinking over the last century about how wars should be ended, using a vast range of historical archival material from diplomatic, other official and personal papers, which this study situates within the debates that have emerged in political theory. He examines the main strategies used at the end, and in the aftermath, of wars by liberal states to consolidate their liberal gains and to prevent the re-occurrence of wars with those states they have fought. This new study also explores how various strategies: revenge; restitution; reparation; restraint; retribution; reconciliation; and reconstruction, have been used by liberal states not only to defeat their enemies but also transform them. This is a major new contribution to contemporary thinking and action. This book will be of great interest to all students and scholars of politics, international relations and security studies.
Description : Winner of the Pulitzer Prize, the 1999 National Book Award for Nonfiction, finalist for the Lionel Gelber Prize and the Kiriyama Pacific Rim Book Prize, Embracing Defeat is John W. Dower's brilliant examination of Japan in the immediate, shattering aftermath of World War II. Drawing on a vast range of Japanese sources and illustrated with dozens of astonishing documentary photographs, Embracing Defeat is the fullest and most important history of the more than six years of American occupation, which affected every level of Japanese society, often in ways neither side could anticipate. Dower, whom Stephen E. Ambrose has called "America's foremost historian of the Second World War in the Pacific," gives us the rich and turbulent interplay between West and East, the victor and the vanquished, in a way never before attempted, from top-level manipulations concerning the fate of Emperor Hirohito to the hopes and fears of men and women in every walk of life. Already regarded as the benchmark in its field, Embracing Defeat is a work of colossal scholarship and history of the very first order. John W. Dower is the Elting E. Morison Professor of History at the Massachusetts Institute of Technology. He is a winner of the National Book Critics Circle Award for War Without Mercy.