the politics and diplomacy of punishing war criminals of the First World war
Author: James F. Willis
Publisher: Greenwood Publishing Group
This book investigates the political context and intentions behind the trialling of Japanese war criminals in the wake of World War Two. After the Second World War in Asia, the victorious Allies placed around 5,700 Japanese on trial for war crimes. Ostensibly crafted to bring perpetrators to justice, the trials intersected in complex ways with the great issues of the day. They were meant to finish off the business of World War Two and to consolidate United States hegemony over Japan in the Pacific, but they lost impetus as Japan morphed into an ally of the West in the Cold War. Embattled colonial powers used the trials to bolster their authority against nationalist revolutionaries, but they found the principles of international humanitarian law were sharply at odds with the inequalities embodied in colonialism. Within nationalist movements, local enmities often overshadowed the reckoning with Japan. And hovering over the trials was the critical question: just what was justice for the Japanese in a world where all sides had committed atrocities?
Justice in Time of Turmoil
Author: Kerstin von Lingen
This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.
From Charles I to Bush II
Author: Charles Anthony Smith
Publisher: Cambridge University Press
Category: American literature
Disloyalty and the Renunciation of Citizenship by Japanese Americans During World War II
Author: Donald E. Collins
Books in English Published Throughout the World and in Print Through 1986. Publishers' listing. 6
Author: Nicholas Triffin
Transnationale Debatten unter Juristen haben das humanitäre Völkerrecht entscheidend geformt. Die Zivilisierung von Kriegsgewalt stand seit der Mitte des 19. Jahrhunderts im Zentrum und gipfelte im Konzept von "Crimes against Humanity", das im Internationalen Militärtribunal von Nürnberg erstmals zum Tatbestand erhoben wurde. Kerstin von Lingen zeichnet diesen Weg nach – von den frühen völkerrechtlichen Debatten unter Juristen über die Haager Friedenskonferenzen und die Verhandlungen von Versailles nach dem Ende des Ersten Weltkriegs. Angesichts immer höherer Opferzahlen und ansteigender Massengewalt gegen Zivilisten wirkte der Zweite Weltkrieg wie ein Katalysator: Das Konzept "Crimes against Humanity" wurde in London in Gremien geschärft, deren Akten für dieses Buch erstmals ausgewertet wurden. "Crimes against Humanity" wurde nach 1945 neben dem Genozid-Vorwurf zum wichtigsten juristischen Werkzeug unserer Zeit, um Massengewalt gegen Zivilisten zu ahnden.
Eine Ideengeschichte der Zivilisierung von Kriegsgewalt 1864–1945
Author: Kerstin von Lingen
Publisher: Verlag Ferdinand Schöningh
Category: Academic libraries
Category: Social sciences
Author: Gordon Morris Bakken
This book offers analyses of historical war crimes trials in Asia from a variety of perspectives. Compared to their counterparts in Europe, the post-WWII war crimes trials in Asia have received much less attention. This is especially true for domestic trials by national authorities in Asia. This book attempts to contribute to the recent trend of uncovering and digging deeper into these trials, with a focus on the Tokyo trial and trials held in China. Sixteen authors from Asia as well as other parts of the world are among the contributors: XUE Ru, ZHU Dan, Yuma Totani, David Cohen, GAO Xiudong, LIU Daqun, WANG Xintong, YANG Lijun, ZHANG Tianshu, ZHANG Binxin, GAO Hong, LI Dan, Nina H.B. Jorgensen, Crystal Yeung, Suzannah Linton, and Guido Acquaviva. The book examines the historical trials from different perspectives, including the legal concepts used and debates that took place; the influence of the trials within a broader social context, both at their time and later; the collection of evidence; and preservation, compilation and research of historical documents. It not only analyses the trials in their historical and social contexts, but emphasises their present day significance, also as regards the prevention of core international crimes, especially in Asia. The book offers insights on retaining and compiling historical materials concerning these trials as important historical records and new developments in evidence collection in contemporary international criminal courts."
Author: Daqun Liu,Binxin Zhang
New York Times Bestseller A Summer Reading Pick for President Barack Obama, Bill Gates, and Mark Zuckerberg From a renowned historian comes a groundbreaking narrative of humanity’s creation and evolution—a #1 international bestseller—that explores the ways in which biology and history have defined us and enhanced our understanding of what it means to be “human.” One hundred thousand years ago, at least six different species of humans inhabited Earth. Yet today there is only one—homo sapiens. What happened to the others? And what may happen to us? Most books about the history of humanity pursue either a historical or a biological approach, but Dr. Yuval Noah Harari breaks the mold with this highly original book that begins about 70,000 years ago with the appearance of modern cognition. From examining the role evolving humans have played in the global ecosystem to charting the rise of empires, Sapiens integrates history and science to reconsider accepted narratives, connect past developments with contemporary concerns, and examine specific events within the context of larger ideas. Dr. Harari also compels us to look ahead, because over the last few decades humans have begun to bend laws of natural selection that have governed life for the past four billion years. We are acquiring the ability to design not only the world around us, but also ourselves. Where is this leading us, and what do we want to become? Featuring 27 photographs, 6 maps, and 25 illustrations/diagrams, this provocative and insightful work is sure to spark debate and is essential reading for aficionados of Jared Diamond, James Gleick, Matt Ridley, Robert Wright, and Sharon Moalem.
A Brief History of Humankind
Author: Yuval Noah Harari
Publisher: Harper Collins
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: Elies van Sliedregt,Sergey Vasiliev
Publisher: OUP Oxford
'Positive complementarity' has become a trendy term since the 2010 Kampala Review Conference. Little thought went into its definition when it was first coined in informal discussions at the International Criminal Court in 2003. 'Complementarity' in the Court's Statute is a passive admissibility threshold below which the Court will not investigate or prosecute. The process to construct national ability to investigate and prosecute core international crimes, on the other hand, requires tireless efforts by numerous international and national actors for many years to come. Democratizing the access to legal information should lie at the heart of such capacity building and knowledge-transfer. One way of reducing existing conditions of inequality faced by war crimes lawyers and investigators operating in different jurisdictions is to facilitate the direct access of national actors to legal sources and knowledge. This book seeks to make the existing capacity building discourse more practical, focused and real. It brings together contributions by persons with expertise in the practice of capacity building, the development and maintenance of tools that can be used to make knowledge-transfer more effective and sustainable, and international criminal law. The Legal Tools Project of the International Criminal Court - a technical platform that can be used by those who intend to strengthen capacity - is discussed in some detail.
Legal Information Transfer
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
Category: Complementarity (International law)
Author: Library of Congress
Category: Children's literature in series
On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world's most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.
The Politics of International Criminal Courts
Author: Rudolph Christopher
Publisher: Cornell University Press
Category: Political Science