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 : This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law
Description : In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.
Description : Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
Description : In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.
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 : This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.
Description : This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing narratives of crimes, perpetrators and victims are produced, circulated and contested. It analyzes how international criminal law and the courts gather, and in turn produce, knowledge about societies in war, their histories and identities, and their relations to the wider world. Moreover, the volume situates narratives of transitional justice in former Yugoslavia both within specific national spaces - such as Serbia, and Bosnia - and beyond the Yugoslav. In this way it also considers experiences from other countries and other times (post-World War II) to offer a sounding board for re-thinking the meanings of transitional justice and institutions within former Yugoslavia. Included in the volume's coverage is a look at the Rwandan tribunals, the trials of Charles Taylor, Radovan Karadzic, the Srebrenica genocide, and other war crimes and criminals in the Yugoslav. Finally, it frames all of those narratives and experiences within the global dynamics of legal, social and geo-political transformations, making it an excellent resource for social science researchers, human rights activists, those interested in the former Yugoslavia and international relations, and legal scholars.
Description : Lack of cooperation and compliance with the International Criminal Tribunal (ICTY) was one of the biggest obstacles to Serbia’s integration into Euro-Atlantic political structures following the overthrow of Milošević. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojić explores the complex processes set in motion by the international community’s policies of conditionality and by the prosecution of the former Serbian leadership in The Hague.
Description : International crimes, such as, crimes against humanity, war crimes and the crime of aggression, have been perpetrated in Eritrea since 1991 in an alarming manner. Some of these have been perpetrated under premeditated government plan of persecution, portraying a widespread and systematic policy of repression. As a result, some high-ranking government officials can be tentatively identified as the most responsible perpetrators, bearing individual criminal responsibility for grave violations of international law. To end the culture of impunity, international criminal justice, administered by the International Criminal Court, foreign municipal courts, or national or mixed tribunals, should be instituted immediately. However, in the event of a negotiated and peaceful political transition, conditional amnesty administered by a democratically constituted truth and reconciliation commission is also regarded as an acceptable option. The book highlights that any model of transitional justice for Eritrea should be based on these assumptions. Academics, policymakers and practitioners working in the area of human rights, transitional justice and international criminal law may find it relevant.
Description : "This book is essential reading for anyone interested in war crimes tribunals and their place in transitional justice. Nettelfield's wide and thorough research in the literature and on the ground in Bosnia and Herzegovina make this work stand out in a field already heavily populated. It represents a well-balanced and realistic assessment of the record of the International Criminal Tribunal for the former Yugoslavia."- Richard Goldstone, former chief prosecutor for the United Nations International Criminal Tribunals for Yugoslavia and Rwanda "Elegantly written and drawing on years of meticulous empirical research, Courting Democracy in Bosnia and Herzegovina is a major contribution to theoretical and policy debates on the role of international justice institutions. Nettelfield robustly challenges conventional critical assessments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and in so doing, changes forever the terms of the discussion about the impact of the ICTY in Bosnia-Herzegovina. Should be required reading in courses on human rights, international criminal law and political transitions in post-conflict settings."- Richard A. Wilson, Gladstein Chair of Human Rights, Director of the Human Rights Institute, and Professor of Anthropology at the University of Connecticut "This work is elegant in its rigor, lively in its tone, and uplifting in its spirit. Nettelfield gracefully moves us beyond turgidly contemptuous or blindly enthusiastic assessments of the relevance of international criminal law. She charts the field's role in post-conflict transition - a modest role, to be sure, and certainly a nuanced one, but also one that fosters democratic development. The book is a must-read for anyone concerned with Bosnia, transitional justice, and the role of law, in life. A tour de force!"- Mark A. Drumbl, Class of 1975 Alumni Professor and Director, Transnational Law Institute Washington and Lee University School of Law "Friends of international justice will welcome this balanced, methodologically rigorous assessment of popular responses to the ICTY in the Western Balkans. With its nuanced presentation of the Tribunal's impact, this work amply identifies missteps and pitfalls while providing gracious encouragement to proponents of international jurisprudence."- Robert Donia, Visiting Professor of History, University of Michigan "Lara Nettelfield has masterfully documented and analyzed the true impact of the International Criminal Tribunal for the former Yugoslavia on Bosnian society since 1993. She challenges conventional wisdom by demonstrating the Tribunal's modest but largely positive contribution to the democratic development of Bosnia and Herzegovina, including the introduction of new social movements for accountability. This book slays a few dragons and introduces refreshing clarity to a very challenging subject." - Professor David Scheffer, Northwestern University School of Law, and former U.S. Ambassador for War Crimes Issues (1997-2001)
Description : The Realities of the International Criminal Justice System takes an analytical and critical look at the impact of the major instruments of international criminal justice since the 1990s with the advent of the International Criminal Tribunals for Rwanda and Yugoslavia.
Description : Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.
Description : This book examines transitional justice mechanisms as applied in Bosnia and Herzegovina, with a clear focus on criminal justice mechanisms, primarily on national war crimes trials. The Federation of Bosnia and Herzegovina has been a complex field of experiments for the outreach and referral program of the International Criminal Tribunal for the former Yugoslavia (ICTY). Meanwhile, most of the war crimes trials that were referred from the ICTY to the domestic jurisdiction have been completed. While these trials were mainly focused on the "big fishes" that were regarded as the most responsible for the atrocities during the 1992-1995 armed conflict, the rest of the suspected war criminals are prosecuted by the national authorities. The book provides an overview of national war crimes prosecutions in Bosnia and Herzegovina. It focuses on key problems of substantive and procedural criminal law aspects, such as the application of various different Criminal Codes for the same crimes at the state and entity level, as well as the introduction and application of plea bargaining in war crimes cases. (Series: International Criminal Law / Volkerstrafrecht und internationales Strafrecht - Vol. 5) [Subject: Transitional Justice, International Law, Criminal Law, Human Rights Law]
Description : Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
Description : The book looks at the outreach and communication strategies employed by internationalised courts to try to understand the wider impact of international justice.
Description : Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.
Description : In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights law. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The Special Panels for Serious Crimes in East Timor suspended operation in May 2005, although there continues to be some international involvement in investigation and prosecution of serious crimes. Suggestions have also been made that this model of tribunal would be appropriate for the prosecution of atrocities committed in, among others, Burundi, the Sudan, the Democratic Republic of Congo, Kenya and Liberia, as well as for a wider range of international crimes, most recently piracy. The key aims of this book are: to place the model of hybrid and internationalised tribunals in the context of other mechanisms to try international crimes; to examine the increasing demand for the establishment of hybrid and internationalised judicial institutions and the factors driving such demand; to define the category of 'hybrid and internationalised tribunals' by examining the key features of the existing and proposed hybrid or internationalised tribunals, as well as the features of those institutions with international elements that are generally excluded from this category; to determine the legal and jurisdictional bases of existing hybrid and internationalised tribunals; to analyse how the legal and jurisdictional basis of a tribunal affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of the tribunal with the host state, third states, national courts and other international criminal tribunals. The book concentrates on the definitional, legal and jurisdictional aspects of hybrid and internationalised criminal tribunals as this has been the subject of some confusion in arguments before the tribunals and in the judgments of the tribunals. In its concluding section, the book examines the future role of internationalised and hybrid criminal tribunals, particularly in light of the establishment of the ICC, and the potential use of such tribunals in other contexts. It also assesses how hybrid and internationalised tribunals fit into a 'multi-layered framework' of international criminal law and transitional justice.
Description : Since 1898, the United States and the United Nations have deployed military force more than three dozen times in attempts to rebuild failed states. Currently there are more state-building campaigns in progress than at any time in the past century—including Afghanistan, Bosnia, Kosovo, the Democratic Republic of Congo, Haiti, Sudan, Liberia, Cote d’Ivoire, and Lebanon—and the number of candidate nations for such campaigns in the future is substantial. Even with a broad definition of success, earlier campaigns failed more than half the time. In this book, Paul D. Miller brings his decade in the U.S. military, intelligence community, and policy worlds to bear on the question of what causes armed, international state-building campaigns by liberal powers to succeed or fail. The United States successfully rebuilt the West German and Japanese states after World War II but failed to build a functioning state in South Vietnam. After the Cold War the United Nations oversaw relatively successful campaigns to restore order, hold elections, and organize post-conflict reconstruction in Mozambique, Namibia, Nicaragua, and elsewhere, but those successes were overshadowed by catastrophes in Angola, Liberia, and Somalia. The recent effort in Iraq and the ongoing one in Afghanistan—where Miller had firsthand military, intelligence, and policymaking experience—are yielding mixed results, despite the high levels of resources dedicated and the long duration of the missions there. Miller outlines different types of state failure, analyzes various levels of intervention that liberal states have tried in the state-building process, and distinguishes among the various failures and successes those efforts have provoked.
Description : "Did the United Nations successfully help to build a just, peaceful state and society in postconflict East Timor? Has transitional justice satisfied local demands for accountability and/or reconciliation? What lessons can be learned from the UN's efforts? Drawing on extensive field work, James DeShaw Rae offers a grassroots perspective on the relationship between peacebuilding and transitional justice. Rae traces the effects of the political violence perpetrated in East Timor during the Indonesian occupation, as well as the UN-authorized intervention and the ultimate formulation of the rebuilding effort. In the process, he explores the results of hybrid (mixed domestic-international) tribunals and the attempt to conduct war crimes tribunals and truth and reconciliation commissions in tandem. Not least, his account of the impact of international actors working with the East Timorese to construct a new nation from the ground up suggests important policy prescriptions for all postconflict societies."--Publisher description.