Author: Gerry J. Simpson
Publisher: John Wiley & Sons
Release Date: 2013-04-18
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.
Author: Benjamin N. Schiff
Publisher: Cambridge University Press
Release Date: 2008-05-05
Genre: Political Science
The International Criminal Court (ICC) is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of tremendous turmoil, conflict, and death; it is charged both with trying suspects and with aiding their victims; and it seeks to combine divergent legal traditions in an entirely new international legal mechanism. International law advocates sought to establish a standing international criminal court for more than 150 years. Other, temporary, single-purpose criminal tribunals, truth commissions, and special courts have come and gone, but the ICC is the only permanent inheritor of the Nuremberg legacy. In Building the International Criminal Court, Oberlin College Professor of Politics Ben Schiff analyzes the International Criminal Court, melding historical perspective, international relations theories, and observers' insights to explain the Court's origins, creation, innovations, dynamics, and operational challenges.
Author: Suzannah Linton
Publisher: Martinus Nijhoff Publishing
Release Date: 2015
This Festschrift, edited by Professors Suzannah Linton, Gerry Simpson and William Schabas, brings together forty-one distinguished experts to honour Professor Roger Stenson Clark s remarkable contribution to International Law."
Author: Elies van Sliedregt
Publisher: OUP Oxford
Release Date: 2014-10-02
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.
Author: Shane Darcy
Publisher: Oxford University Press
Release Date: 2010-12-16
As the work of the International Criminal Tribunals for the Former Yogoslavia and Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated.
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.
Author: Christian De Vos
Publisher: Cambridge University Press
Release Date: 2015-12-18
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
Author: John E. Noyes
Publisher: Foundation Press
Release Date: 2007
This new Law Stories title sets the most significant international law cases in their social, political, and historical context. It showcases thirteen essays by leading international law experts. The essays, written in an accessible form, are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the U.S. legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the core controversies and most significant developments in the field.
Author: David Kennedy
Publisher: Princeton University Press
Release Date: 2011-06-27
In this provocative and timely book, David Kennedy explores what can go awry when we put our humanitarian yearnings into action on a global scale--and what we can do in response. Rooted in Kennedy's own experience in numerous humanitarian efforts, the book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war. It takes us from the jails of Uruguay to the corridors of the United Nations, from the founding of a non-governmental organization dedicated to the liberation of East Timor to work aboard an aircraft carrier in the Persian Gulf. Kennedy shares the satisfactions of international humanitarian engagement--but also the disappointments of a faith betrayed. With humanitarianism's new power comes knowledge that even the most well-intentioned projects can create as many problems as they solve. Kennedy develops a checklist of the unforeseen consequences, blind spots, and biases of humanitarian work--from focusing too much on rules and too little on results to the ambiguities of waging war in the name of human rights. He explores the mix of altruism, self-doubt, self-congratulation, and simple disorientation that accompany efforts to bring humanitarian commitments to foreign settings. Writing for all those who wish that "globalization" could be more humane, Kennedy urges us to think and work more pragmatically. A work of unusual verve, honesty, and insight, this insider's account urges us to embrace the freedom and the responsibility that come with a deeper awareness of the dark sides of humanitarian governance.
This title was first published in 2002: The purpose if this volume is to provide a map of some of the great theoretical debates within the discipline of international law. The essays included are structured as dialogues between international legal theorists on concrete subjects such as democracy, gender, compliance, sovereignty and justice. They represent the most interesting theoretical work undertaken in international law.
Author: V.S. Ramachandran
Publisher: William Andrew
Release Date: 2002-10-28
Genre: Technology & Engineering
This comprehensive book containing essential information on the applicability of thermal analysis techniques to evaluate inorganic and organic materials in construction technology should serve as a useful reference for the scientist, engineer, construction technologist, architect, manufacturer, and user of construction materials, standard-writing bodies, and analytical chemists. The material scientists at the National Research Council of Canada have established one of the best thermal analysis laboratories in the world. Various types of thermal analysis techniques have been applied successfully to the investigation of inorganic and organic construction materials. These studies have provided important information on the characterization of raw as well as finished materials, quality control, quantitative estimation, interrelationships between physical, chemical, mechanical, and durability characteristics. Information on the application of thermal analysis to construction materials is dispersed in literature and hence the IRC scientists embarked on producing a handbook, the first of its kind, incorporating the latest knowledge available in this field of activity. Almost all important construction materials have been included.
Author: D. Stone
Release Date: 2013-02-22
From interpretations of the Holocaust to fascist thought and anti-fascists' responses, this book tackles topics which are rarely studied in conjunction. This is a unique collection of essays on a wide variety of subjects, which contributes to understanding the roots and consequences of mid-twentieth-century Europe's great catastrophe.
Author: Maureen Healy
Publisher: Cambridge University Press
Release Date: 2004-05-27
Maureen Healy examines the collapse of the Habsburg Empire from the perspective of everyday life in the capital city. She argues that a striking feature of 'total war' on the home front was the spread of a war mentality to the mundane sites of everyday life - streets, shops, schools, entertainment venues and apartment buildings. While Habsburg armies waged military campaigns on distant fronts, Viennese civilians (women, children, and men 'left at home') waged a protracted, socially devastating war against one another. Vienna's multi-ethnic population lived together in conditions of severe material shortage and faced near-starvation by 1917. The city fell into civilian mutiny before the state collapsed in 1918. Based on meticulous archival research, including citizens' letters to state authorities, the study offers a penetrating look at Habsburg citizenship by showing how ordinary women, men and children conceived of 'Austria' in the Empire's final years.