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The Making of International Criminal Justice
There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation...
The Past in Present Times
"The Past in Present Times exposes the violations of human rights, war crimes, and genocide during the rise of the former Yugoslavia during World War I, prior to and directly after World War II, the Yugoslav War, and the recent fall of the federation. In addition to the legal findings by the Nuremberg and Hague Tribunals, including the most recent trials, this legal-historical analysis reviews details of undisputed facts and recorded dialogues, which unveils surprising background information. As Dr. Lajco Klajn leads the reader along an historical line of events, he clarifies the factors and circumstances that led to genocide, war crimes, and crimes against humanity while explaining the social, legal, historical, and moral consequences. Without forcing judgment about the past, Dr. Klajn exposes the roots of these conflicts and explains why if the roots are not eradicated, the conflicts may resurface in the future as a manifestation of even more monstrous wars and suffering as the past becomes the present once again."--BOOK JACKET.
The Army Lawyer
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The Pillars of Global Law
This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.
The Rule of Law
This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada), and Troper (France). The essays cover issues such as: the debate about the meaning and application of the rule of law; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government; international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush to the indictment of Slobodan Milosevic at the War Crimes Tribunal.
International Criminal Justice
Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.
The Historiography of Genocide
The Historiography of Genocide is an indispensable guide to the development of the emerging discipline of genocide studies and the only available assessment of the historical literature pertaining to genocides.
The UN International Criminal Tribunals
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
German Practice in International Law: Volume 1
Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany's membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.
