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War Crimes Tribunals And Transitional Justice

Author: Madoka Futamura
Publisher: Routledge
ISBN: 1134091311
Size: 47.38 MB
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Advocates of the ‘Nuremberg legacy’ emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures for ‘war crimes’. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well as for the International Criminal Court. The problem with this legacy, however, is that it is based solely on the experience of West Germany. Furthermore, the effect of the procedure on post-conflict society has not been empirically examined. This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan. Madoka Futamura examines the short- and long-term impact of the International Military Tribunal for the Far East (the Tokyo Trial), on post-war Japan, in order to improve the understanding of and strategy for ongoing international war crimes tribunals. War Crimes Tribunals and Transitional Justice will be of much interest to students of war crimes, international law, transitional justice and international relations in general.

Prosecuting War Crimes

Author: James Gow
Publisher: Routledge
ISBN: 113461084X
Size: 15.71 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.

Post War Japan As A Sea Power

Author: Alessio Patalano
Publisher: Bloomsbury Publishing
ISBN: 1472526821
Size: 20.40 MB
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In Post-war Japan as a Sea Power, Alessio Patalano incorporates new, exclusive source material to develop an innovative approach to the study of post-war Japan as a military power. This archival-based history of Asia's most advanced navy, the Japanese Maritime Self-Defence Force (JMSDF), looks beyond the traditional perspective of viewing the modern Japanese military in light of the country's alliance with the US. The book places the institution in a historical context, analysing its imperial legacy and the role of Japan's shattering defeat in WWII in the post-war emergence of Japan as East Asia's 'sea power'.

War And Rape

Author: Nicola Henry
Publisher: Routledge
ISBN: 0415564727
Size: 54.18 MB
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Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains âe~unspeakableâe(tm), particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is âe~rememberedâe(tm), it is often the subject of political controversy and heated debate. In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do âe~counter-memoriesâe(tm) of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict. Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.

Perspectives On The Nuremberg Trial

Author: Guénaël Mettraux
Publisher: Oxford University Press, USA
ISBN: 0199232334
Size: 64.98 MB
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The Nuremberg Trial was a landmark in the development of international law; its influence continues to shape our understanding of international criminal justice. This volume presents the most important essays examining the trial from legal, political, historical, and philosophical perspectives. Together, the perspectives provide an overview of the Trial that is invaluable to understanding the significance of the Nuremberg Trial to modern international law andpolitics.

Contemporary Security Studies

Author: Alan Collins
Publisher: Oxford University Press
ISBN: 0198708319
Size: 21.38 MB
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Contemporary Security Studies is the definitive introduction to Security Studies, providing the most accessible, up-to-date guide to the subject available. Bringing together leading scholars in the field, it features an impressive breadth and depth of coverage of the different theoretical approaches to the study of security and the ever-evolving range of issues that dominate the security agenda in the 21st Century. Throughout the text, students are encouraged to question their own preconceptions and assumptions, and to use their own judgement to critically evaluate key approaches and ideas. To help them achieve this, each chapter is punctuated with helpful learning features including "key ideas", "think points" and case studies, demonstrating the real world applications and implications of the theory. In addition to covering a wide range of topical security issues--from terrorism and inter-state armed conflict to cybersecurity, health, and transnational crime--the fourth edition features a new chapter on postcolonialism and expanded coverage of critical security studies. The book is supported by an Online Resource Centre designed to help students take their learning further. For students: - Explore relevant security issues in greater depth with additional online case studies - Test your understanding of the key ideas and themes in each chapter with self-marking multiple-choice questions For registered lecturers: - Use the adaptable PowerPoint slides as the basis for lecture presentations or as hand-outs in class

The Legacy Of Nuremberg

Author: David A. Blumenthal
Publisher: Martinus Nijhoff Publishers
ISBN: 9004156917
Size: 28.75 MB
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In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.

The Triggering Procedure Of The International Criminal Court

Author: Héctor Olásolo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004146156
Size: 33.68 MB
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The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Hijacked Justice

Author: Jelena Subotic
Publisher:
ISBN: 9781501705762
Size: 56.74 MB
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What is the appropriate political response to mass atrocity? In Hijacked Justice, Jelena Subotic traces the design, implementation, and political outcomes of institutions established to deal with the legacies of violence in the aftermath of the Yugoslav wars. She finds that international efforts to establish accountability for war crimes in the former Yugoslavia have been used to pursue very different local political goals. Responding to international pressures, Serbia, Croatia, and Bosnia have implemented various mechanisms of "transitional justice" the systematic addressing of past crimes after conflicts end. Transitional justice in the three countries, however, was guided by ulterior political motives: to get rid of domestic political opponents, to obtain international financial aid, or to gain admission to the European Union. Subotic argues that when transitional justice becomes "hijacked" for such local political strategies, it fosters domestic backlash, deepens political instability, and even creates alternative, politicized versions of history. That war crimes trials (such as those in The Hague) and truth commissions (as in South Africa) are necessary and desirable has become a staple belief among those concerned with reconstructing societies after conflict. States are now expected to deal with their violent legacies in an institutional setting rather than through blanket amnesty or victor's justice. This new expectation, however, has produced paradoxical results. In order to avoid the pitfalls of hijacked justice, Subotic argues, the international community should focus on broader and deeper social transformation of postconflict societies, instead on emphasizing only arrests of war crimes suspects."