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Prosecuting Slobodan Milo Evi

Author: Nevenka Tromp
Publisher: Routledge
ISBN: 1317335260
Size: 35.13 MB
Format: PDF
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This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Miloševi? at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Miloševi? in March 2006 his trial was left unfinished. Although the traditional objectives of criminal law, such as retribution, justice for victims, and deterrence, were not achieved, the Miloševi? trial archive is a significant historical resource for researchers from various fields. This book extracts details from the collection of documentary and transcript evidence that makes up the trial record – sources which would be almost impossible to extricate without an insider’s guiding hand – to allow readers to trace the threads of several historical narratives. The value of this methodology is particularly evident in the Miloševi? case as, acting as his own defence counsel, he responded to, and interacted with, almost all witnesses and evidence presented against him. By providing snapshots of the behaviour displayed by Miloševi? in court while conducting his defence, in combination with passages of carefully selected evidence from an immense archive familiar to few scholars, this volume reveals how these trial records, and trail records in general, are a truly invaluable historical source. The book underlines the premise that any record of a mass atrocities trial, whether finished or unfinished, establishes a record of past events, contributes to interpretations of a historical period and influences the shaping of collective memory. This book will be of much interest to students of the Former Yugoslavia, war crimes, international law, human rights, international relations and European politics.

George W Bush S Foreign Policies

Author: Donette Murray
Publisher: Routledge
ISBN: 1317698045
Size: 80.72 MB
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This book offers a fresh assessment of George W. Bush’s foreign policies. It is not designed to offer an evaluation of the totality of George W. Bush’s foreign policy. Instead, the analysis will focus on the key aspects of his foreign and security policy record, in each case considering the interplay between principle and pragmatism. The underpinning contention here is that policy formulation and implementation across Bush’s two terms can more usefully be analysed in terms of shades of grey, rather than the black and white hues in which it has often been painted. Thus, in some key policy areas it will be seen that the overall record was more pragmatic and successful than his many critics have been prepared to give him credit for. The president and his advisers were sometimes prepared to alter and amend their policy direction, on occasion significantly. Context and personalities, interpersonal and interagency, both played a role here. Where these came together most visibly – for instance in connection with dual impasses over Iraq and Iran – exigencies on the ground sometimes found expression in personnel changes. In turn, the changing fortunes of Bush’s first term principals presaged policy changes in his second. What emerges from a more detached study of key aspects of the Bush administration – during a complicated and challenging period in the United States’ post-Cold War history, marked by the dramatic emergence of international Islamist terrorism as the dominant international security threat – is a more complex picture than any generalization can ever hope to sustain, regardless of how often it is repeated. This book will be of much interest to students of US foreign policy, international politics and security studies.

Ethics Law And Justifying Targeted Killings

Author: Jack McDonald
Publisher: Routledge
ISBN: 131723958X
Size: 17.56 MB
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This book examines the normative debates around the American use of targeted killings. It questions whether the Obama administration’s defence of its use of targeted killings is cohesive or hypocritical. In doing so, the book departs from the disciplinary purpose of international law, constitutional law and the just war tradition and instead examines discipline-specific defences of targeted killings to identify their requisite normative principles in order to compare these norms across disciplines. The methodology used in this book means that it argues that targeted killings are only defensible as acts of war, but it also highlights the normative role of accountability and responsibility in this defence. In doing so, it offers an argument that the use of ‘pattern of life’ killings by the CIA falls outside the defence offered by the Obama administration, but that this same type of targeting could be used by the military due to differing standards/mechanisms of responsibility assignment in these organisations. The book thus provides a way of investigating contemporary wars where the conduct of war lacks the traditional hallmarks of conventional warfare. Furthermore, by drawing attention to differing normative concepts that underpin competing interpretations of law and morality, it provides a way of analysing contemporary political violence in an interdisciplinary fashion without seeking to displace single disciplinary study. This book will be of much interest to students of military studies, ethics of war, foreign policy, international security and IR.

Quasi State Entities And International Criminal Justice

Author: Ernst Dijxhoorn
Publisher: Taylor & Francis
ISBN: 1315402858
Size: 50.40 MB
Format: PDF, Kindle
View: 1993
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This book explores the intended and unintended impact of international criminal justice on the legitimacy of quasi-state entities (QSEs). In order to do so, the concept of ‘quasi-state entity’ is introduced to distinguish actors in statehood conflicts that aspire to statehood, and fulfil statehood functions to a greater or lesser degree, including the capacity and willingness to deploy armed force, but lack the status of sovereign statehood. This work explores the ability of QSEs to create and maintain legitimacy for their actions, institutions and statehood projects in various constituencies simultaneously. It looks at how legitimacy is a prerequisite for success of QSEs and, using critical legitimacy theory, assesses the legitimating narratives of QSEs and their statehood adversaries. The book links international criminal justice to statehood projects of QSEs and their success and legitimacy. It looks at the effects of international criminal justice on the ability to create and maintain legitimacy of QSEs, an approach that leads to new insights regarding international courts and tribunals as entities competing with states over statehood functions that increasingly have to take the legal implications of their actions into consideration. Most important, a close assessment of the legitimising narratives of QSEs, counter narratives, and the messages sent by international criminal justice with which QSEs have to deal, and their ability to overcome legitimacy crises, provides insight on QSEs and the complex processes of legitimation. This book will be of much interest to students of international criminal justice, political violence, security studies and IR.

Mit Zweierlei Ma

Author: Wolfgang Kaleck
Publisher: Verlag Klaus Wagenbach
ISBN: 3803141087
Size: 77.32 MB
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Am 1. Juli 2012 wird der Internationale Strafgerichtshof in Den Haag zehn Jahre alt. Doch die Hoffnungen auf eine universale Strafverfolgung von Menschheitsverbrechen wurden enttäuscht. Die Praxis internationaler und nationaler Gerichte muss deswegen verändert werden. Der Erfolg der Nürnberger Prozesse nährte die Erwartung, in Zukunft alle Regierungen für begangene Verbrechen vor Gericht stellen zu können. Aber der Kalte Krieg verhinderte jahrzehntelang eine Umsetzung dieses Versprechens. Wolfgang Kaleck zeichnet in diesem Buch die schier endlose Serie von ungesühnten Völkerrechtsstraftaten westlicher Machthaber von Algerien über Vietnam bis in die Türkei und Kolumbien nach. Trotz der vielversprechenden Schaffung des Internationalen Strafgerichtshofs und der Tribunale für Ruanda und Jugoslawien gibt es noch viele Gründe für Kritik an den stattfindenden wie an den ausbleibenden Verfahren. Kaleck bemängelt, dass das Völkerstrafrecht überwiegend nur auf besiegte afrikanische Potentaten und Generäle angewandt wird und nicht auf die Verbrechen der Großmächte, insbesondere des Westens. Damit stellt die herrschende selektive Strafverfolgungspraxis das Prinzip universell geltender Menschenrechte generell in Frage.