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Prosecuting War Crimes

Author: James Gow
Publisher: Routledge
ISBN: 1134610777
Size: 57.23 MB
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This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.

Prosecuting Slobodan Milo Evi

Author: Nevenka Tromp
Publisher: Routledge
ISBN: 1317335279
Size: 80.23 MB
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This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Milošević at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Milošević 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 Milošević 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 Milošević 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 Milošević 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.

Quasi State Entities And International Criminal Justice

Author: Ernst Dijxhoorn
Publisher: Taylor & Francis
ISBN: 1315402858
Size: 60.65 MB
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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.

The Sierra Leone Special Court And Its Legacy

Author: Charles Chernor Jalloh
Publisher: Cambridge University Press
ISBN: 1107470617
Size: 24.38 MB
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The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.

The Art Of Creating Power

Author: Benedict Wilkinson
Publisher: Oxford University Press
ISBN: 019086267X
Size: 55.35 MB
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The Art of Creating Power explores the intellectual thought and wider impact -- on military affairs, politics and the universities -- of Professor Sir Lawrence Freedman, one of the world's leading authorities on strategy, conflict and international politics. In this volume, senior scholars of international relations and military history trace the long trajectory of Freedman's career, examining his scholarly contribution to a whole host of areas from nuclear strategy to US foreign policy via terrorism, the Falklands War, and Iraq. Individually, these essays provide fascinating and innovative insights into strategy, contemporary defence and foreign policy, and conflict. Taken together, however, they are greater than the sum of their parts as they both reflect and explore the theoretical approach adopted and taught by Freedman - one that has made him one of the great intellectual figures in the canon of international politics, strategy and war. Throughout his professional life, Freedman explored many of the uncertainties that plague our highly unstable world. But as conflicts continue to erupt across the globe, it seems we may be entering an even more precarious and uncertain era. There could hardly be a better time than today to gain a deeper understanding of Freedman's strategic insights.

Militancy And Violence In West Africa

Author: James Gow
Publisher: Routledge
ISBN: 1135968578
Size: 72.47 MB
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This volume provides a systematic and cross-regional analysis of radicalisation, militancy and violence in West Africa. Concern about terrorism in, or from, West Africa, has been recognised in academic research, and the adoption of militarised approaches to addressing it questioned. However, the basis for that questioning – the need to investigate factors such as the historical and socio-economic roots of militancy – is not developed, nor is it substantiated in existing studies. The significant impact of religiously motivated radicalisation and violence in West Africa upon international security makes it essential to understand the issues of militancy and violence in the region. In this volume, the authors draw upon empirical research in West Africa to develop understanding in these areas. Over the course of several chapters written by leading experts in the field, the book successfully blends historical and conceptual analysis with new empirical research gathered from focus group discussions and research interviews. Each of these core studies is structured around five interrelated issues: tracing the antecedents of radicalisation; monitoring trends; identifying actors; anticipating possibilities; and analysing the strength of existing preventive mechanisms. This book will be of much interest to students of African security, African politics, radicalisation, political Islam, war and conflict studies and security studies in general.

Twilight Of Impunity

Author: Judith Armatta
Publisher: Duke University Press
ISBN: 0822391791
Size: 35.15 MB
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An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.

Double Standards International Criminal Law And The West

Author: Wolfgang Kaleck
Publisher:
ISBN: 9788293081678
Size: 53.80 MB
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In this book, Wolfgang Kaleck, an internationally active human rights and criminal lawyer, assesses the practice of international criminal law to date and analyses one of its main weaknesses: International criminal justice purports to be universal, but in reality it often operates in a politically selective manner. Until now, hardly any of those most responsible for international crimes committed by Western states have faced trial. Against the backdrop of this criticism, the book advocates a truly universal practice of international criminal law which holds even the most powerful accountable for crimes they have committed. Kaleck also tells the stories of survivors of human rights violations and human rights organizations that struggle for universal accountability for international crimes. He argues that the proponents of universal criminal justice must actively address existing double standards, as "it will not be possible to speak of a universal criminal justice system with equal rights and access to justice for all until the instigators and organizers of Guantanamo and of the atrocities in Chechnya are held accountable for their actions.""

Some Kind Of Justice

Author: Diane Orentlicher
Publisher: Oxford University Press
ISBN: 0190882271
Size: 33.85 MB
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Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how an international war crimes tribunal affects local communities, and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Scheduled to close at the end of 2017, the ICTY is the longest-running war crimes tribunal in history, and thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence.