Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: Oxford University Press

ISBN: 0199546665

Category: History

Page: 483

View: 1426

The book offers an introduction to international law's approaches to holding individuals accountable for human rights atrocities, exploring whether human rights abusers can and should be brought to justice. The authors examine how, in the years since the Nuremberg Trials, states have created international norms holding abusers accountable, tried such people domestically and internationally for their crimes, and established other,non-criminal forms of accountability. These include trials in domestic courts and international tribunals such as the UN's Yugoslavia and Rwanda tribunals and the International Criminal Court, as well asnonprosecutorial mechanisms including civil suits, truth commissions, and immigration measures. The authors appraise the state of the law and its mechanisms, including analysis of the principal crimes (such as genocide and crimes against humanity) and discuss the opportunities for and challenges to further steps aimed at accountability.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: OUP Oxford

ISBN: 0191018678

Category: Political Science

Page: 536

View: 6441

This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams

Publisher: Oxford University Press, USA

ISBN: 9780198298717

Category: Law

Page: 435

View: 2360

The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. International law had little to say on this subject from the time of the Nuremberg and Tokyo trials fifty years ago until very recently. In this well-researched book, Steven Ratner and Jason Abrams offer a comprehensive study of the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide and crimes against humanity. They go on to appraise the most important prosecutorial and other mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. In this new edition the authors also cover recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court. This new edition has been revised and updated to include developments since 1997, including domestic prosecutions and truth commission, the work of the UN's Yugoslavia and Rwand Tribunals, and the International Criminal Court.

Buying Social Justice

Equality, Government Procurement, & Legal Change

Author: Christopher McCrudden

Publisher: Oxford University Press on Demand

ISBN: 0199232423

Category: Law

Page: 680

View: 2171

Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate, and underused means of achieving social justice.

The Oxford Handbook of International Trade Law

Author: Daniel L. Bethlehem

Publisher: Oxford University Press, USA

ISBN: 0199231923

Category: Law

Page: 801

View: 6762

The Oxford Handbook of International Trade Law explores the law of the World Trade Organization and its broader context. It examines the discipline of international trade law itself and also the outside face of international trade law and its intersection with states and with other aspects of the international system. It covers the economic and institutional context of the world trading system, the substantive law of the WTO, the WTO dispute settlement system,and the interaction between trade and other disciplines and fields of international law.

Hiding in Plain Sight

The Pursuit of War Criminals from Nuremberg to the War on Terror

Author: Eric Stover,Victor Peskin,Alexa Koenig

Publisher: Univ of California Press

ISBN: 0520962761

Category: Social Science

Page: 504

View: 779

Hiding in Plain Sight tells the story of the global effort to apprehend the world’s most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America’s pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies—both successful and unsuccessful—that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades—all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.

Foreign Fighters under International Law and Beyond

Author: Andrea de Guttry,Francesca Capone,Christophe Paulussen

Publisher: Springer

ISBN: 9462650993

Category: Law

Page: 533

View: 6349

This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Author: Yuki Tanaka,Timothy L.H. McCormack,Gerry Simpson

Publisher: BRILL

ISBN: 9004215913

Category: Political Science

Page: 436

View: 9535

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.

The Nuremberg Legacy

How the Nazi War Crimes Trials Changed the Course of History

Author: Norbert Ehrenfreund

Publisher: St. Martin's Press

ISBN: 9780230610781

Category: History

Page: 288

View: 9098

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.

Aggression and Crimes Against Peace

Author: Larry May

Publisher: Cambridge University Press

ISBN: 1139473069

Category: Philosophy

Page: N.A

View: 6150

In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.

Access to Justice as a Human Right

Author: Francesco Francioni

Publisher: OUP Oxford

ISBN: 0191018651

Category: Law

Page: 272

View: 3174

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

All the Missing Souls

A Personal History of the War Crimes Tribunals

Author: David Scheffer

Publisher: Princeton University Press

ISBN: 0691140154

Category: Biography & Autobiography

Page: 533

View: 1163

Recounts the author's experiences of setting up the International Criminal Court, including problems with achieving international cooperation for tribunals, war crimes victims, and challenges from the U.S. due to fears of soldiers facing prosecution.

The Legacy of Nuremberg

Civilising Influence Or Institutionalised Vengeance?

Author: David A. Blumenthal,Timothy L. H. McCormack

Publisher: Martinus Nijhoff Publishers

ISBN: 9004156917

Category: Law

Page: 337

View: 6824

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.

Eichmann in Jerusalem

A Report on the Banality of Evil

Author: Hannah Arendt

Publisher: Penguin

ISBN: 9781101007167

Category: Social Science

Page: 336

View: 3454

The controversial journalistic analysis of the mentality that fostered the Holocaust, from the author of The Origins of Totalitarianism Sparking a flurry of heated debate, Hannah Arendt’s authoritative and stunning report on the trial of German Nazi leader Adolf Eichmann first appeared as a series of articles in The New Yorker in 1963. This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling (and unsettled) issues of the twentieth century.

The Methods of International Law

Author: Steven R. Ratner,Anne-Marie Slaughter

Publisher: N.A

ISBN: N.A

Category: Human rights

Page: 271

View: 4699

Nine of the ten essays are revised versions of essays which appeared originally in Vol. 93, no. 2 of the American journal of international law (April 1999).

Accountability for Atrocities

National and International Responses

Author: Jane E. Stromseth

Publisher: Brill - Nijhoff

ISBN: 9781571052797

Category: Law

Page: 500

View: 8969

This book examines critical challenges in achieving accountability for genocide, crimes against humanity, and war crimes, focussing in particular on the relationship between national and international accountability mechanisms in pursuing key goals over the past decade. The essays in this volume provide an in-depth look at the goals and mechanisms of accountability in a variety of cases: the former Yugoslavia; Rwanda; Sierra Leone; Cambodia; Argentina and El Salvador; East Timor and Indonesia; and Belgium's prosecution of war crimes under its universal jurisdiction law. By analyzing the goals pursued in each case, the relationship between domestic and international mechanisms, the relative emphasis on criminal and non-criminal forms of accountability, and the effectiveness of the chosen approaches, this volume offers important lessons for the ICC and highlights the continuing need for innovative forms of international assistance to advance specific accountability goals in particular countries. Published under the Transnational Publishers imprint.

Writing History in International Criminal Trials

Author: Richard Ashby Wilson

Publisher: Cambridge University Press

ISBN: 1139498266

Category: Law

Page: N.A

View: 7076

Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Children and Transitional Justice

Truth-telling, Accountability and Reconciliation

Author: Sharanjeet Parmar,Mindy Jane Roseman,Saudamini Siegrist,Theo Sowa

Publisher: Harvard University Press

ISBN: 9780979639548

Category: Law

Page: 417

View: 9987

Children are increasingly a focus of international and national courts and truth commissions. Their participation, including through testimony that bears witness to their experiences, demonstrates their critical role in truth, justice, and reconciliation processes. If children are to engage, however, their rights must be respected. This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa. It also explores key areas of current debates among legal scholars and child rights advocates, such as international criminal responsibility, traditional and restorative justice, reparations, psychosocial support for child witnesses, and links between education and reconciliation. The book emphasizes how children must be engaged during post-conflict transition. If children are excluded, they may become vulnerable to a continuing cycle of violence, affecting future generations. In contrast, through active involvement in transitions, children and adolescents can be the catalysts for justice, reconciliation, and peace-building within their own families and communities.

Transnational Corporations and Human Rights

Author: Olivier De Schutter

Publisher: Bloomsbury Publishing

ISBN: 1847312764

Category: Law

Page: 440

View: 7051

This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.

Crimes against Humanity

Historical Evolution and Contemporary Application

Author: M. Cherif Bassiouni

Publisher: Cambridge University Press

ISBN: 1139498932

Category: Law

Page: N.A

View: 3077

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.