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• 1. The International Criminal Court: Between continuity and renewal / Viviane E. Dittrich
• 2. Attacked, applauded, threatened, universalized. Or: A Wednesday at the International Criminal Court / Alexander Heinze
• Part I: Stocktaking: Looking back and looking ahead. 3. Is power or reason the way to peace? / Benjamin B. Ferencz ; 4. Justice without fear or favour? The uncertain future of the International Criminal Court / Leila Nadya Sadat ; 5. The way forward for the International Criminal Court and its stakeholders: focus inward / Christopher R.F. Hale ; 6. The relevance of the Nuremberg Principles as a source of law for decision making of subsequent International Criminal Judiciary / Katarína Šmigová
• Part II: Context and constraints
• Section A: Prosecutorial policy and practice. 7. Prosecuting 'The most responsible': The law and politics of the expectation and strategy / Fannie Lafontaine and Claire Magnoux ; 8. The use of non-governmental investigatory bodies at the Office of the Prosecutor of the International Criminal Court: An offer we can(not) refuse? / André C.U. Nwadikwa-Jonathan and Nicholas E. Ortiz
• Section B: Jurisdiction and admissibility: Normative considerations and prosecutorial discretion. 9. General Assembly Referral to the International Criminal Court / Fergal Gaynor ; 10. The complementary global regimes working for peace and justice and the pursuit of universal jurisdiction / Andrea Marrone ; 11. Complementarity and due process as a question of admissibility: From fighting impunity to seeking justice? / Anderson Javiel Dirocie De León ; 12. The dynamics of complementarity and preliminary examinations / Adedeji Adekunle
• Section C: Victims and witnesses. 13. Trauma in the witness stand: Effective evaluation of trauma-impacted testimony at the International Criminal Court / Ellie Smith ; 14. Five categories of victims and the consequences on the International Criminal Court / Christoph Safferling and Gurgen Petrossian ; 15. Judicial protective measures for victims and witnesses vis-à-vis external actors at the International Criminal Court / Juan Pablo Pérez-León-Acevedo ; 16. The development of witness evidence law at the International Criminal Court / Hilde Farthofer
• Section D: Defence issues: Procedural and institutional perspectives. 17. Length of proceedings at the International Criminal Court: Context, latest developments and proposed steps to address the issue / Benjamin Gumpert and Yulia Nuzban ; 18. Founding an International Criminal Court Bar / Philippe Currat and Brice Van Erps
• Section E: Legitimacy and independence. 19. Cultivating the court's legitimacy and the use of constructivism to prepare for Head of State Aggression Prosecutions / Cara Cunningham Warren ; 20. Defining situations at the International Criminal Court / Nicolai von Maltitz and Thomas Körner ; 21. Politics and the institutional integrity of the International Criminal Court / Shannon Fyfe
• Part III: Achievements and legacy: Reflections on the twentieth anniversary of thE Rome Statute. 22. Quo vadis, International Criminal Court? The European Union's role and responsibility to support the court in good times and in bad times / Barbara Lochbihler ; 23. Russia and the International Criminal Court: From uncertain engagement to positive disengagement / Bakhtiyar Tuzmukhamedov ; 24. Speech by Foreign Minister Heiko Maas at the Nuremberg Forum 2018 marking the twentieth anniversary of the Rome Statute / Heiko Maas ; 25. Speech by Prosecutor Fatou Bensouda at the Nuremberg Forum 2018 marking the twentieth anniversary of the Rome Statute / Fatou Bensouda ; 26. The twentieth anniversary of the Rome Statute of the International Criminal Court / Bertram Schmitt

This edited volume provides a broad perspective on the International Criminal Court's development over time and explores some of its topical issues, achievements, challenges and critiques. The anthology combines reflections from scholars and practitioners and includes voices from inside and outside the Court, featuring multiple readings of its activities, practice and developments. In line with the volume's title, the authors portray the establishment and development of the Court (hence the theme 'past'), critically engage with its successes and challenges ('present'), and draw conclusions on its achievements and way forward ('future'). The book examines five key topics: prosecutorial policy and strategy, jurisdiction and admissibility, victims and witnesses, defence issues, and legitimacy and independence. It includes a number of papers and speeches given at the Nuremberg Forum 2018. -- Back cover

Case studies resulting from a research project conducted by the International Nuremberg Principles Academy.

• Editors' preface
• Foreword / Liu Daqun
• Foreword / Sun Xiaoxia
• Foreword / Hans-Peter Kaul
• Foreword / Theodor Meron
• Crimes against peace in the Tokyo Trial / Xue Ru
• From Tokyo to Rome : a Chinese perspective / Zhu Dan
• Japanese receptions of separate opinions at the Tokyo Trial / Yuma Totani
• Dissent at Tokyo : the opinion of Justice Henri Bernard at the International Military Tribunal for the Far East / David Cohen
• The Tokyo Trial and its influence on contemporary international criminal justice / Gao Xiudong
• The Nanjing Trials : victor's [sic] justice? Revisiting the case of Tani Hisao / Liu Daqun
• The Nanjing Trial and its impact on the Chinese and Japanese peoples / Wang Xintong
• On the successor commander's responsibility : the Okamura Yasuji Case revisited / Yang Lijun
• The fall of the tigers of Hong Kong : Chinese war crimes trials of three Japanese governors of Hong Kong / Zhang Tianshu
• War crimes trials in China after the Second World War : justice and politics / Zhang Binxin
• The progress of historical documents acquisition and compilation on Japanese war crimes trials after the Second World War in the National Library of China / Gao Hong and Li Dan
• Joint and command responsibility in Hong Kong's war crimes trials : revisiting the cases of Kishi Yasuo and Noma Kennosuke / Nina H. B. Jørgensen and Crustal Yeung
• Overcoming challenges in historical war crimes research : the Hong Kong War Crimes Trials Project / Suzannah Linton
• Evidence collection and preservation in international criminal tribunals / Guido Acquaviva.

• Foreword
• Introduction
• Part I. Immediate Accountability, 1790s-1920s
• Chapter 1. The Parameters of Openness and Executive Discretion, 1790-1860
• Chapter 2. The Civil War Origins of the FRUS Series, 1861-1868
• Chapter 3. The Death and Resurrection of FRUS, 1868-1876
• Chapter 4. The Contemporaneous FRUS, 1870-1905
• Chapter 5. Transition to a New Era, 1905-1920s
• Part II. Negotiating Responsible Historical Transparency, 1920s to Early 2000s
• Chapter 6. "The Necessary Limitations Upon Open Diplomacy," 1920-1945
• Chapter 7. "Out of the Frying Pan Into the Fire," 1945-1957
• Chapter 8. Cold War Normalcy, 1958-1979
• Chapter 9. The Erosion of Transparency, 1978-1985
• Chapter 10. "A Civil War in the Department," 1986-1990
• Chapter 11. "Thorough, Accurate, and Reliable," 1990-1991
• Chapter 12. Implementing the FRUS Statute, 1992-2002
• Conclusion
• Acknowledgements
• Terms
• Abbreviations
• Stages in Creation of a Foreign Relations Volume
• Appendix A. Historical Foreign Relations Timeliness and Production Charts
• Appendix B. FRUS Production Chart, 1861-1935
• Appendix C. Supplemental Foreign Relations Submissions, 1869-1914
• Appendix D. Office Heads and Office Symbol Designations, 1919-2014
• Bibliography
• Contributors
• Index.

"Toward "Thorough, Accurate, and Reliable" explores the evolution of the Foreign Relations of the United States documentary history series from its antecedents in the early republic through the early 21st century implementation of its current mandate, the 1991 Foreign Relations statute. This book traces how policymakers and an expanding array of stakeholders translated values like "security," "legitimacy," and "transparency" into practice as they debated how to balance the government's obligation to protect sensitive information with its commitment to openness. Determining the "people's right to know" has fueled lively discussion for over two centuries, and this work provides important, historically informed perspectives valuable to policymakers and engaged citizens as that conversation continues"--Publisher's website.

• A Crimes Against Humanity Convention after the establishment of the International Criminal Court / by Morten Bergsmo and Song Tianying
• Codifying the 'Laws of Humanity' and the 'Dictates of the Public Consciene': towards a new global treaty on crimes against humanity / by Leila Sadat
• The ICC case law on the contextual elements of crimes against humanity / by Eleni Chaitidou
• The Draft Convention on Crimes Against Humanity: what to do with the definition? / by Darryl Robinson
• Beyond territory, jurisdiction, and control: towards a comprehensive obligation to prevent crimes against humanity / by María Luisa Piqué
• The obligation to prevent in the Proposed Convention examined in the light of the obligation to prevent in the Genocide Convention / by Travis Weber
• State obligation to punish core international crimes and the Proposed Crimes Against Humanity Convention / by Julie Pasch
• Towards greater coherence in international criminal law: comparing protected groups in genocide and crimes against humanity / by Rhea Brathwaite
• The Proposed Convention on Crimes Against Humanity and human trafficking / by Christen Price
• The responsibility to protect and to prosecute: reflections on the Canadian experience and recommendations for the Proposed Crimes Against Humanity Convention / by Rita Maxwell
• U.S. role in the prevention and prosecution of and response to crimes against humanity / by Mary Kate Whalen
• The Proposed Convention on Crimes Against Humanity and aut dedere aut judicare / by Ian Kennedy
• The aut dedere aut judicare provision in the Proposed Convention on Crimes Against Humanity: assessment from a Chinese perspective / by Shang Weiwei and Zhang Yueyao
• The Proposed Convention on the the Prevention and Punishment of Crimes Against Humanity: developments and deficiencies / by Tessa Bolton.

东京审判研究丛书之一. 本书旨在总结一年来国内对于东京审判研究的状况以及成果, 也将成为国内针对东京审判研究的交流平台.

• An opportunity to reorient
• The Goldstone report
• The Gaza flotilla
• Conserving the international laws of war.

In recent years, the term lawfare has come to describe the use of international law as a political weapon. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of it. In both cases, UN officials, distinguished lawyers, and diplomats put forward weak or indefensible legal arguments to condemn actions taken by Israel in self-defense. In this book, Peter Berkowitz exposes these abuses of the international laws of war by bringing into focus the flawed assumptions on which they rest and refuting the defective claims they promulgate. Berkowitz shows that the Goldstone Report engaged in disreputable fact-finding and misapplied the relevant legal tests, even as its mission lacked proper foundations in international law. And he demonstrates that the arguments presented in the Gaza flotilla controversy to condemn Israel's blockade of Gaza as unlawful prove on inspection to be unsound and insubstantial. In both cases, he explains, the result has been to reward terrorists who, in gross violation of the international laws of war, deliberately efface the distinction between civilian and military objects and to punish liberal democracies-in particular Israel and the United States-that expose their soldiers and civilian populations to heightened risk in the quest to wage war lawfully.
(source: Nielsen Book Data)

• Part I. Old evidence and core international crimes. 1. Placing old evidence and core international crimes on the agenda of the international discourse on international criminal justice for atrocities / by Morten Bergson and CHEAH Wui Ling
• 2. The passage of time, the vagaries of memory, and reaching judgment in mass atrocity cases / by David Cohen
• 3. Adjudicating core international crimes cases in which old evidence is introduced / by Alphons MN.M. Orie
• 4. Old evidence in core international crimes cases in Kosovo / by Agnieszka Klonowiecka-Milart
• 5. Dealing with old evidence in core international crimes cases: the Dutch experience as a case study / by Martin Witteveen
• 6. Prosecuting and defending in core international crimes cases using old evidence / by Andrew Cayley
• 7. Investigating core international crimes in Indonesia using old evidence: the Indonesian National Commission on Human Rights' 1965-1966 investigations / by Sriyana
• 8. Old documents and archives in core international crimes cases / by Patrick J. Treanor
• 9. Memory and trauma / by Anya Topiwala and Seena Fazel
• 10. "The messaging effect": eliciting credible historical evidence from victims of mass crimes / by Mahdev Mohan
• Part II: Old evidence and the context of Bangladesh. 11. Towards the prosecution of core international crimes before the International Crimes Tribunal / by M. Amir-Ul Islam
• 12. The importance of prosecuting core international crimes: the International Criminal Tribunal's objectives and experience / by H.E. Shafique Ahmed
• 13. The International Crimes (Tribunals) Act of 1973 and the rules: substantive and procedural laws / by Md. Shahinur Islam
• 14. Bangladesh's attempts to achieve post-war (or transitional?) justice in accordance with international legal standards / by Otto Triffterer.

• 1. On State Sovereignty and Individual Criminal Responsibility for Core International Crimes in International Law / By Morten Bergsmo and LING Yan
• 2. The Life and Contributions of Professor LI Haopei / By WANG Houli
• 3. Brief Analysis of a Few Controversial Issues in Contemporary International Criminal Law / By ZHOU Lulu
• 4. Has Non-Immunity for Heads of State Become a Rule of Customary International Law? / By LIU Daqun
• 5. Immunity for State Officials from Foreign Jurisdiction for International Crimes / By JIA Bingbing
• 6. International Criminal Court: A Judicial Guarantee for International Peace and Security? / By GUO Yang
• 7. Universal Jurisdiction for Core International Crimes / By Erkki Kourula
• 8. The Connotation of Universal Jurisdiction and its Application in the Criminal Law of China / By MA Chengyuan
• 9. Universal Jurisdiction Before the United Nations General Assembly: Seeking Common Understanding under International Law / By ZHU Lijiang
• 10. The International Criminal Court and Immunities under International Law for States Not Party to the Court’s Statute / By Claus Kreß.

‘State sovereignty’ is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffi rmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State offi cials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts tto the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability?

• Towards rational thematic prosecution and the challenge of international sex crimes / by Morten Bergsmo and Cheah Wui Ling
• An expressive rationale for the thematic prosecution of sex crimes / by Margaret M. deGuzman
• "Those most responsible" versus international sex crimes : competing prosecution themes? / by Fabricio Guariglia
• Prioritising international sex crimes before the Special Court for Sierra Leone : one more instrument of political manipulation? / by Christopher Mahony
• Prospect for thematic prosecution of international sex crimes in Latin America / by Flor de Maria Valdez-Arroyo
• Thematic prosecution of international sex crimes and stigmatisation of victims and survivors : two sides of the same coin? / by Benson Chinedu Olugbu
• Thematic prosecutions for crimes against children / by Susanna Greijer
• Looking forward : the prosecution of sex crimes in national courts / by Paloma Soria Montañez
• Contextualising sexual violence in the prosecution of international crimes / by Valerie Oosterveld
• Going beyond prosecutorial discretion : institutional factors influencing thematic prosecution / by Neha Jain
• Special mechanisms to investigate and prosecute international sex crimes : pro and contra arguments / by Olympia Bekou
• Science and international thematic prosecution of sex crimes : a tale of re-essentialisation / by Alejandra Azuero Quijano
• Thematic investigations and prosecution of international sex crimes : some critical comments from a theoretical and comparative perspective / by Kai Ambos
• UN military peacekeeper complicity in sexual abuse : the ICC or a tri-hybrid court / by Roisin Burke
• The impact of prosecutorial strategy on the investigation and prosecution of sexual violence at international criminal tribunals / by Niamh Hayes.

By singling out the theme of recruitment and use of child soldiers in its first case, the Lubanga Trial Judgment of the International Criminal Court has legitimized the very idea of thematic prosecution at the international and national levels.... This is the first book to deal with the topic of thematic prosecution of core international crimes. Its focus is on international sex crimes. It is important to justify the singling out of a narrow range of criminality for prosecution, whether in internationalized or national criminal jurisdictions. Thematic prosecutions should be explained to the public. Absent proper justification, the thematic prosecution of core international crimes is likely to generate increasing controversy--Dustjacket.

"[This anthology] addresses the gap betwen international standard-setting prohibiting international sex crimes and actual accountability for individuals who are responsible for such crimes. The book provides detailed analysis of the legal requirements of international sex crimes and types of fact that can be used to meet these requirements. It includes a unique knowledge-base that digests international case law on such crimes. The anthology also contains several studies of institutional and evidentiary challenges in the prosecution of international sex crimes"--Series pref.

本书大量取自海外和私人的照片、文字, 再现东京大审判这段历史中鲜为人知的事实. 内容涉及正义之剑篇、世纪人生篇.