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The Army Lawyer
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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 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 Annotated Digest of the International Criminal Court, 2004-2006
The International Criminal Court was established from the July 1, 2002, entry into force of the Rome Statute. The first decisions rendered by the Court were published in July 2004, and by the end of December 2006, the number of decisions had reached 230. The Annotated Digest of the International Criminal Court, 2004-2006, is the first volume in a series that compiles the most significant legal findings from public decisions rendered by the International Criminal Court. In total, 230 decisions were reviewed for the preparation of the present volume, which examines the decisions issued from 2004 and 2006. The abstracts selected for inclusion in this volume concern the first situations referred...
Fear and Trembling
Johannes de Silentio, Kierkegaard's pseudonymous author of Fear and Trembling, argues that the knight of faith is the paradox, is the individual, absolutely nothing but the individual, without connections or pretensions. The knight of faith is the individual who is able to gracefully embrace life: Kierkegaard put it this way in Either/Or, "When around one everything has become silent, solemn as a clear, starlit night, when the soul comes to be alone in the whole world, then before one there appears, not an extraordinary human being, but the eternal power itself, then the heavens open, and the I chooses itself or, more correctly, receives itself. Then the personality receives the accolade of knighthood that ennobles it for an eternity.
Like Fire
Like Fire chronicles an indigenous movement for radical change in Papua New Guinea from 1946 to the present. The movement’s founder, Paliau Maloat, promoted a program for step-by-step social change in which many of his followers also found hope for a miraculous millenarian transformation. Drawing on data collected over several decades, Theodore Schwartz and Michael French Smith describe the movement’s history, Paliau’s transformation from secular reformer and politician to Melanesian Jesus, and the development of the current incarnation of the movement as Wind Nation, a fully millenarian endeavour. Their analysis casts doubt on common ways of understanding a characteristically Melanesi...
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.
