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Prosecuting War Crimes

Author: James Gow
Publisher: Routledge
ISBN: 1134610777
Size: 33.40 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: 80.44 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.

Ethics Law And Justifying Targeted Killings

Author: Jack McDonald
Publisher: Routledge
ISBN: 1317239571
Size: 33.71 MB
Format: PDF
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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.

The Sierra Leone Special Court And Its Legacy

Author: Charles Chernor Jalloh
Publisher: Cambridge University Press
ISBN: 1107470617
Size: 46.55 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.

Mit Zweierlei Ma

Author: Wolfgang Kaleck
Publisher: Verlag Klaus Wagenbach
ISBN: 3803141087
Size: 73.70 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.

The Nuremberg Ss Einsatzgruppen Trial 1945 1958

Author: Hilary Camille Earl
Publisher: Cambridge Univ Pr
ISBN:
Size: 53.85 MB
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Based on extensive archival research, this book offers the first historical examination of the arrest, trial, and punishment of the leaders of the SS-Einsatzgruppen - the mobile security and killing units employed by the Nazis in their racial war on the eastern front. Sent to the Soviet Union in the summer of 1941, four units of Einsatzgruppen along with reinforcements, murdered approximately one million Soviet civilians in open air shootings and in gas vans and, in 1947, twenty-four leaders of these units were indicted for crimes against humanity and war crimes for their part in the murders. In addition to a describing the legal proceedings, this book also examines recent historiographical trends and perpetrator paradigms and expounds on such contested issues as the timing and genesis of the Final Solution, the perpetrators' route to crime and their motivation for killing, as well as discussing the tensions between law and history.