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Prosecuting War Crimes

Author: James Gow
Publisher: Routledge
ISBN: 1134610777
Size: 72.78 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: 33.63 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: 35.13 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.

George W Bush S Foreign Policies

Author: Donette Murray
Publisher: Routledge
ISBN: 1317698045
Size: 42.78 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.

The Sierra Leone Special Court And Its Legacy

Author: Charles Chernor Jalloh
Publisher: Cambridge University Press
ISBN: 1107029147
Size: 34.23 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.

Some Kind Of Justice

Author: Diane Orentlicher
Publisher: Oxford University Press
ISBN: 0190882298
Size: 49.36 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.

Twilight Of Impunity

Author: Judith Armatta
Publisher: Duke University Press
ISBN: 0822391791
Size: 18.42 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.

Stay The Hand Of Vengeance

Author: Gary Jonathan Bass
Publisher: Princeton University Press
ISBN: 1400851718
Size: 64.71 MB
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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.