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Dictatorship, Democracy, and Transitional Justice in Global Legal History
The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.
Public Health Crisis Management and Criminal Liability of Governments
This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVI...
Individual Criminal Liability for the International Crime of Aggression
The checkered history of 'the criminalization of aggression' as a crime under international law has reached an important milestone with the adoption of the Kampala Resolution on the Crime of Aggression (2010). This Resolution provides for the definition of the crime of aggression to be included in the Rome Statute of the International Criminal Court (ICC), as well as for conditions for the exercise of ICC jurisdiction over the crime. The second edition of this book contains an overview and discussion of the historical and normative processes (legal and political) that culminated in the adoption of the Kampala Resolution. The different components of the Resolution are critically assessed agai...
International Conflict and Security Law
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the m...
International Law
International Law offers a rigorous yet accessible introduction to public international law for students. Presenting a clearly structured conceptual framework, the text is designed to support understanding by providing a concise, coherent perspective of international law principles and systems at domestic, regional and international levels. In addition to the standard, core material addressed in international law curriculae, the text examines judgments from South African courts and African jurisdictions, and provides a challenging analysis of key, emerging developments which are particularly relevant to the African context. These topics include: International criminal law, protection of indi...
International Criminal Tribunals as Actors of Domestic Change
Do International Criminal Tribunals trigger social change, provide reconciliation, stabilize fragile post-conflict societies? Many authors claim they do, but they base their assumptions mainly on theoretical considerations and opinion polls. The editors and authors of this book take a different position: based on extensive field research in nine European and African countries, they examine whether tribunal decisions resulted in changes in media frames about the conflicts which gave rise to the creation of these tribunals. International Tribunals hardly ever shape or change the grand narratives about wars and other conflicts, but they often manage to trigger small changes in media frames which, in some cases, even lead to public reflexion about guilt and responsibility and more awareness for (the respective enemy's) victims. On an empirical basis, this book shows the potential of International Criminal Justice, the possibilities, but also the limits of International Criminal Tribunals. Volume 2 presents the evidence from Kenya, Rwanda, Sudan and South Sudan.
International Criminal Tribunals as Actors of Domestic Change
International Criminal Tribunals do not only do justice and judge the perpetrators of the most heinous crimes. This book present the first part of the results of a five-year international research project, based on field research in ten European and African countries.
