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Book
xiv, 598 pages ; 24 cm
  • Creation of the Court
  • The Court becomes operational
  • Jurisdiction
  • Triggering the jurisdiction
  • Admissibility
  • General principles of criminal law
  • Investigation and pre-trial procedure
  • Trial and appeal
  • Punishment
  • Victims of crimes and their concerns
  • Structure and administration of the Court.
The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.
(source: Nielsen Book Data)9781107590175 20170605
Law Library (Crown)
LAW-5033-01
Book
xviii, 612 pages ; 25 cm.
  • Introduction: An Extraordinary Court / Simon M. Meisenberg and Ignaz Stegmiller
  • Trials and tribulations : the long quest for justice for the Cambodian genocide / Helen Jarvis
  • Allegations of political interference, Bias and Corruption at the ECCC
  • The 1979 trial of the People's Revolutionary Tribunal and implications for ECCC / Frank Selbmann
  • Expectations, challenges and of the ECCC / Jeudy Oeung
  • The legacy of the ECCC / Viviane E. Dittrich
  • The Duch case : the ECCC Supreme Court Chamber's review of Case 001 / Franziska C. Eckelmans
  • Case 002/01 trial judgment : a stepping stone from Nuremberg to the present? / Russell Hopkins
  • The theory of joint criminal enterprise at the ECCC : a difficult relationship / Lachezar Yanev
  • Legal constraints in the interpretation of genocide / Mélanie Vianney-Liaud
  • Forced transfer and customary international law : bridging the gap between Nuremberg and the ICTY / Nathan Quick
  • Issues of sexual and gender-based violence an the ECCC / Valerie Oosterveld and Patricia Viseur Sellers
  • The grave breaches charges at the ECCC : an analysis of international humanitarian law in the Duch case / Noëlle Quénivet
  • Past crimes and the effect of statutory limitations on the ECCC / David Boyle
  • Trial process at the ECCC : the rise and fall of the inquisitorial paradigm in international criminal law? / Sergey Vasiliev
  • Managing enormous mass crimes indictments : the ECCC severance experiment / Anne Heindel
  • Frail accused and fitness to stand trial / Roger L. Phillips
  • The admission of torture statements into evidence / Tobias Thienel
  • Recognizing the limits of victims participation : a comparative examination of the victim participation schemes at the ECCC and the ICC / Binxin Zhang
  • Legal developments of civil party participation at the ECCC / Ignaz Stegmiller.
This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC's hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.
(source: Nielsen Book Data)9789462651043 20160619
Law Library (Crown)
LAW-5033-01
Book
xxxviii, 331 pages ; 25 cm
  • Introduction
  • Overview of transitional justice options and the United States role in transitional justice
  • Competing theories of United States policy on transitional justice : legalism versus prudentialism
  • The United States role in transitional justice for Germany
  • The United States role in transitional justice for Japan
  • The United States role in transitional justice for Libya, Iraq, and the Former Yugoslavia
  • The United States role in transitional justice for Rwanda – Conclusion.
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.
(source: Nielsen Book Data)9780190243494 20160718
Law Library (Crown)
LAW-5033-01
Book
xiv, 224 pages : map ; 25 cm
  • ACKNOWLEDGMENTS -- MAP OF RWANDA -- INTRODUCTION -- ABBREVIATIONS -- CHAPTER 1 - The Rwandan Social Context -- CHAPTER 2 - Inside the United Nations International Criminal Tribunal for Rwanda -- CHAPTER 3 - Inside the Rwandan National Courts -- CHAPTER 4 - Inside the Gacaca Courts -- CHAPTER 5 - Legitimating Transitional Justice in Rwanda -- CHAPTER 6 - Conclusion -- APPENDIX -- GLOSSARY -- BIBLIOGRAPHY -- TABLE OF CASES -- TABLE OF STATUTES -- INDEX.
  • (source: Nielsen Book Data)9780199398195 20160618
The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. Courts in Conflict makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. Although Rwanda's post-genocide criminal courts are compatible in law, an interpretive cultural analysis shows how and why they have often conflicted in practice. The author's research is derived from 182 interviews with judges, lawyers, and a group of witnesses and suspects within all three of the post-genocide courts. This rich empirical material shows that the judges and lawyers inside each of the courts offer notably different interpretations of Rwanda's transitional justice processes, illuminating divergent legal cultures that help explain the constraints on the courts' effective cooperation and evidence gathering. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through increased communication among the different sites of justice, fostering legal cultures of complementarity that can more effectively respond to the needs of affected populations.
(source: Nielsen Book Data)9780199398195 20160618
Law Library (Crown)
LAW-5033-01
Book
xxiv, 224 pages ; 25 cm
  • Transitional justice globalized
  • The universal and the particular in international criminal justice
  • Transitional justice : post-war legacies
  • Human Rights in Transition : transitional justice genealogy
  • Bringing the messiah through the law
  • Transitional Justice as Liberal Narrative
  • The law and politics of contemporary transitional justice
  • Rethinking Jus Post Bellum in an age of global transitional justice : engaging with Michael Walzer and Larry May
  • Transitional rule of law
  • The alien tort and the global rule of law
  • Transitional justice and the transformation of constitutionalism.
Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.
(source: Nielsen Book Data)9780195394948 20160614
Law Library (Crown)
LAW-5033-01
Book
x, 297 pages : illustrations ; 25 cm
  • Introduction -- 1. A Framework for Analysis -- 2. Origins -- 3. The Phantom Court (1998-2002) -- 4. Caution and Consensus (July 2002-March 2005) -- 5. Breakthrough (2005-2008) -- 6. Power Plays (2008-2012) -- Conclusion: A Constrained Court.
  • (source: Nielsen Book Data)9780199844135 20160612
The Nuremberg trials after World War II constituted a landmark in the development of international criminal justice: presided over by jurists from the victorious powers, it set new standards for defining international war crimes. Set in motion shortly after the creation of the United Nations, the courts seemed to point toward a future in which the international community could more effectively prosecute crimes against humanity and advance the cause of justice and the rule of law throughout the world. However, the onset of the Cold War stymied all efforts to create an effective international criminal court. Neither the US nor the USSR was willing to face the possibility of being judged in a forum controlled by ideological adversaries. Despite the lack of progress, the dream of the court lived on through the 1980s, and when the Cold War ended, a new opportunity arose. After the UN's creation of temporary courts during the Balkan wars of the early 1990s, a powerful grassroots movement championing a permanent international criminal court emerged. Facing stiff resistance from the US and other powerful states, the movement triumphed against great odds. The court was established in 2002, and it now has the support of over 100 states (but not the US). The US opposes it outright and the Russians and Chinese are skeptical of it for a simple reason: as the most powerful states, they have no intention of surrendering jurisdictional authority over their own citizens to lesser powers. As a consequence, the court has faced numerous setbacks, and many have questioned whether it has any real power at all. It has ended up focusing its energies on pursuing war criminals in weak states, typically in Africa. It is now caught on the horns of a dilemma: to pursue justice, it does what it can where it can, but it cannot actually prosecute figures in powerful states. Russia will never surrender troops who may have acted badly in Georgia, and America is not about to hand over soldiers who killed civilians in Afghanistan. Yet the court has had some minor successes, and we should remember that it is still in its very early days. As the years pass, its jurisdictional authority may expand, and the norms that it advances may achieve the status of common sense. Time will tell. In Rough Justice, David Bosco tells the story of the movement to establish the court and its tumultuous first decade. He also considers its prospects for the future, especially the very real challenges that it faces. This is an authoritative account of an international institution that is prototypical of the post-Cold War era.
(source: Nielsen Book Data)9780199844135 20160612
Law Library (Crown)
LAW-5033-01
Book
xix, 316 pages ; 25 cm.
  • Introduction: A very special tribunal / David Tolbert
  • The creation of the Tribunal in its context / Nicolas Michel
  • The legal nature of the Special Tribunal for Lebanon / Dr. Bahige Tabbarah
  • The UN investigation of the Hariri assassination / Amal Alamuddin and Anna Bonini
  • The crime of terrorism in Lebanese and international law / Nidal Nabil Jurdi
  • Individual criminal responsibility / Philippa Webb
  • The unique rules of procedure of the STL / Dov Jacobs
  • Responding to cooperation problems at the STL / Göran Sluiter
  • Victim participation at the Special Tribunal for Lebanon / Howard morrison and Emma Pountney
  • Rights of suspects and accused / John RWD Jones QC and Dr. Miša Zgonec-Rožej
  • The STL registry / David Tolbert and Evelyn Anoya
  • Trial in absentia before the Special Tribunal for Lebanon / Paola Gaeta
  • Ethics before the Special Tribunal for Lebanon / Pascal Chenivesse and Daryl A. Mundis
  • The legacy of the Special Tribunal for Lebanon / Harmen van der Wilt.
This book provides a full analytical overview of the establishment and functioning of the Special Tribunal for Lebanon, the newest and most controversial of the UN-sponsored international criminal courts. In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast that reverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to be tried in the court in The Hague-but in their absence as their locations are unknown. The Tribunal is the UN's first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court's narrow mandate and unique procedures have led many to question what kind of precedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritative guide to the procedure of the Tribunal, the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defence counsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date.
(source: Nielsen Book Data)9780199687459 20160613
Law Library (Crown)
LAW-5033-01
Book
x, 533 p., [16] plates : ill., maps ; 25 cm.
  • Introduction: Ambassador to hell
  • An echo of Nuremberg
  • It's genocide, stupid
  • Credible justice for Rwanda
  • Abandoned at Srebrenica
  • The pastor from Mugonero
  • Unbearable timidity
  • The siren of exceptionalism
  • Futile endgame
  • Rome's aftermath
  • Crime scene Kosovo
  • Freetown is burning
  • The toughest cockfight
  • No turning back
  • Postscript on law, crimes, and impunity.
Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court. "All the Missing Souls" is Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time. Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel "Sandy" Berger, Richard Holbrooke, and Wesley Clark, among others. A stirring personal account of an important historical chapter, "All the Missing Souls" provides new insights into the continuing struggle for international justice.
(source: Nielsen Book Data)9780691140155 20160606
Law Library (Crown)
LAW-5033-01
Book
l, 470 p. ; 24 cm.
  • The emerging system of international criminal justice
  • Hybrid and internationalised tribunals : a study of existing practice
  • Exclusions and proposals for future hybrid and internationalised tribunals
  • Hybrid and internationalised : in search of a definition
  • Legal and jurisdictional bases of hybrid and internationalised tribunals
  • Legal barriers to the exercise of jurisdiction.
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.
(source: Nielsen Book Data)9781841136721 20160614
Law Library (Crown)
LAW-5033-01
Book
xii, 388 p. : map ; 24 cm.
  • Acknowledgements-- List of abbreviations-- Map of Rwanda-- Introduction-- 1. Framing Gacaca: transitional justice themes-- 2. Moulding tradition: the history, law and hybridity of Gacaca-- 3. Interpreting Gacaca: the rationale for analysing a dynamic socio-legal institution-- 4. The Gacaca journey: the rough road to justice and reconciliation-- 5. Gacaca's modus operandi: engagement through popular participation-- 6. Gacaca's pragmatic objectives-- 7. Accuser, liberator or reconciler? Truth through Gacaca-- 8. Law, order and restoration: peace and justice through Gacaca-- 9. Mending hearts and minds: healing and forgiveness through Gacaca-- 10. (Re)fusing social bonds: Gacaca and reconciliation-- Conclusion-- Glossary-- Bibliography-- Index.
  • (source: Nielsen Book Data)9780521193481 20160604
Since 2001, the Gacaca community courts have been the centrepiece of Rwanda's justice and reconciliation programme. Nearly every adult Rwandan has participated in the trials, principally by providing eyewitness testimony concerning genocide crimes. Lawyers are banned from any official involvement, an issue that has generated sustained criticism from human rights organisations and international scepticism regarding Gacaca's efficacy. Drawing on more than six years of fieldwork in Rwanda and nearly five hundred interviews with participants in trials, this in-depth ethnographic investigation of a complex transitional justice institution explores the ways in which Rwandans interpret Gacaca. Its conclusions provide indispensable insight into post-genocide justice and reconciliation, as well as the population's views on the future of Rwanda itself.
(source: Nielsen Book Data)9780521193481 20160604
Law Library (Crown)
LAW-5033-01
Book
xxviii, 399 p. ; 23 cm.
Law Library (Crown)
LAW-5033-01
Book
vi, 383 pages ; 24 cm
  • Introduction / Stephan Macedo
  • Preface / Mary Robinson
  • The history of universal jurisdiction and its place in international law / M. Cherif Bassiouni
  • Comment: The quest for clarity / Stephen A. Oxman
  • The growing support for universal jurisdiction in national legislation / A. Hays Butler
  • The Adolf Eichmann case : universal and national jurisdiction / Gary J. Bass
  • Comment: Connecting the threads in the fabric of international law / Lori F. Damrosch
  • Assessing the Pinochet litigation : whither universal jurisdiction / Richard A. Falk
  • Comment: Universal jurisdiction and transitions to democracy / Pablo De Greiff
  • The Hisseǹe Habré case : the law and politics of universal jurisdiction / Stephen P. Marks
  • Defining the limits : universal jurisdiction and national courts / Ann-Marie Slaughter
  • Universal jurisdiction, national amnesties, and truth commissions : reconciling the irreconcilable / Leila Nadya Sadat
  • The future of universal jurisdiction in the new architecture of transnational justice / Diane F. Orentlicher
  • Universal jurisdiction and judicial reluctance : a new fourteen points / Michael Kirby
  • Afterword: The politics of advancing international criminal justice / Lloyd Axworthy.
"When former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world's attention was focused for the first time on the idea of universal jurisdiction. Universal jurisdiction stands for the principle that atrocities such as genocide, torture, and war crimes are so heinous and so universally abhorred that any state is entitled to prosecute these crimes in its national courts regardless of where they were committed or the nationality of the perpetrators or the victims. In 2001, two Rwandan nuns were convicted in a Belgian court for atrocities committed in Rwanda against Rwandans. Serbs have been prosecuted in German courts, and a court in Senegal asserted universal jurisdiction over the former dictator of Chad, Hissène Habré. Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens. [This book discusses] the origins, evolution, and implications of this legal weapon against impunity. [Contributors] examine the questions that cloud its future, and its role in specific cases involving Adolf Eichmann, Pinochet, Habré, and former Rwandan government officials, among others, in order to determine the proper place of universal jurisdiction in the emerging regime of international legal accountability."-- Back cover.
Law Library (Crown)
LAW-5033-01
Book
xiii, 256 p. ; 24 cm.
  • The Beginning 2. The Adventures of Augusto Pinochet in the United Kingdom: A "Most Civilized Country" 3. The Investigations Come Home to Chile 4. Argentina: Truth and Consequences 5. The European Cases 6. Operation Condor Redux 7. The Legal Legacy of Pinochet: Universal Jurisdiction and Its Discontents 8. The Actors Behind the Pinochet Cases.
  • (source: Nielsen Book Data)9780812238457 20160528
The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
(source: Nielsen Book Data)9780812238457 20160528
Law Library (Crown)
LAW-5033-01
Book
xii, 298 p. ; 24 cm
  • Athens in 411 and 403 BC
  • The French restorations in 1814 and 1815
  • The larger universe of cases
  • The structure of transitional justice
  • Wrongdoers
  • Victims
  • Constraints
  • Emotions
  • Politics.
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
(source: Nielsen Book Data)9780521839693 20160617
Law Library (Crown)
LAW-5033-01
Book
lviii, 491 p. ; 25 cm.
  • Preface-- Acknowledgements-- Abbreviations-- Table of Contents-- INTRODUCTION-- 1. The role of internationalized courts and tribunals in the fight against international criminality-- 2. The Second Generation UN-Based Tribunals: A Diversity Of Mixed Jurisdictions-- PART I: INTERNATIONALIZED CRIMINAL COURTS AND TRIBUNALS-- KOSOVO-- 3. Explaining and Evaluating the UNMIK Court System-- 4. Internationalized Courts in Kosovo: An UNMIK Perspective-- EAST TIMOR-- 5. East Timor: Trials and Tribulations-- 6. Getting Untrapped, Struggling For Truths: The Commission For Reception, Truth And Reconciliation (CAVR) In East Timor-- SIERRA LEONE-- 7. Sierra Leone: The Intersection of Law, Policy and Practice-- 8. The Management Committee for the Special Court for Sierra Leone-- 9. Internationalized Courts And Their Relationship With Alternative Accountability Mechanisms: The Case Of Sierra Leone-- CAMBODIA-- 10. The Politics of Genocide Justice in Cambodia-- 11. The Extraordinary Chambers In the Courts of Cambodia-- PART II: CROSS-CUTTING ASPECTS-- INSTITUTION BUILDING-- 12. The Judges of Prosecutors of Internationalized Criminal Courts and Tribunals-- 13. The Financing of Internationalized Criminal Courts and Tribunals-- LAW AND PROCEDURE-- 14. Internationalized Courts And Substantive Criminal Law-- 15. Procedural Law of Internationalized Criminal Courts-- RELATIONSHIP WITH THIRD ENTITIES: NATIONAL COURTS, THIRD STATES, AND THE ICC-- 16. The Relationship Between Internationalized Courts And National Courts-- 17. Legal Assistance to Internationalized Criminal Courts and Tribunals-- 18. Some Tentative Remarks On The Relationship Between Internationalized Criminal Jurisdictions And The International Criminal Court-- 19. Geographical and Jurisdictional Reach of the ICC: Gaps in the International Criminal Justice System and a Role for Internationalized Bodies-- CONCLUSIONS AND POST-FACE-- 20. Internationalized Criminal Courts and Tribunals: Are They Necessary?-- 21. Internationalized Courts: Better Than Nothing-- Selected Bibliography-- Useful Websites-- Analytical Index.
  • (source: Nielsen Book Data)9780199276738 20160528
At the end of the 20th century and the beginning of the 21st, a new generation of 'internationalized' criminal justice bodies emerged to prosecute suspects of international crimes such as genocide, crimes against humanity and war crimes. Designed to address the weaknesses of both international and domestic criminal courts, these courts combine national and international elements. Their bench consists of both international and national judges and they can apply both international and national law. This book addresses three active and one putative jurisdiction of this kind: the Serious Crimes Panels in the District Court of Dili (East Timor); the 'Regulation 64' Panels in the courts of Kosovo; the Special Court for Sierra Leone; and the so-called Extraordinary Chambers in the Courts of Cambodia. Contributions from scholars of international law and international criminal law and from practitioners working in these courts provide in-depth analysis of the differing approaches and procedures of the courts and evaluation of their wider impact on the development of international criminal law and practice.
(source: Nielsen Book Data)9780199276738 20160528
Law Library (Crown)
LAW-5033-01
Book
xxvii, 258 p. ; 24 cm.
  • Universal Jurisdiction in International Law: The General Problem of Jurisdiction in International Law - The Lotus case, Absence of a global convention on criminal jurisdiction, Consequences of ultra vires jurisdiction and remedies, Extradition and human rights, Burden of proof, Principles of jurisdiction, Forms of jurisdiction, Jurisdiction and globalization - pressure for change. Universal Jurisdiction in Doctrine - The co-operative general universality principle, The co-operative limited universality principle, The unilateral limited universality principle: Universal Jurisdiction in Current International Texts - Multilateral conventions, Resolutions of intergovernmental bodies, Official drafts and studies. Universal Jurisdiction in Municipal Law: Australia-- Austria-- Belgium-- Canada-- Denmark-- France-- Germany-- Netherlands-- Israel-- Senegal-- Spain-- Switzerland-- United Kingdom-- United States.
  • (source: Nielsen Book Data)9780199251629 20160528
After centuries of near dormancy, the concept of 'universal jurisdiction' has suddenly become an important legal tool in the international campaign against impunity. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two: Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? Reydams first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. He then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. Reydams' point of departure is the need for a context-sensitive analysis. The municipal laws are thus placed in the larger context of a country's views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reader with the reasons why the individual was, or was not, brought to justice in a third country. The inclusion of (translated) texts of municipal statutes, of (translated) excerpts from judicial decisions, and of commentaries by legal scholars makes this volume an important resource for decision makers and legal practitioners, national and international.
(source: Nielsen Book Data)9780199251629 20160528
Law Library (Crown)
LAW-5033-01
Book
402 p. : map ; 25 cm.
  • List of Abbreviations ix Chapter One: Introduction 3 Chapter Two: St. Helena 37 Chapter Three: Leipzig 58 Chapter Four: Constantinople 106 Chapter Five: Nuremberg 147 Chapter Six: The Hague 206 Chapter Seven: Conclusion 276 Chapter Eight: Epilogue 284 Acknowledgments 311 Notes 313 Index 389.
  • (source: Nielsen Book Data)9780691092782 20160528
International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice. Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell - with important new discoveries - the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.
(source: Nielsen Book Data)9780691092782 20160528
International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, the author offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. The author explains that bringing war criminals to justice can be a military ordeal, a sour.
(source: Nielsen Book Data)9780691049229 20160528
Law Library (Crown)
LAW-5033-01