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The Prosecutor and the Judge
Earlier this year, the Praemium Erasmianum Foundation bestowed its annual award—the Erasmus Prize—on Benjamin Ferencz and Antonio Cassese, two pioneers in the field of international law. Ferencz, a leading American prosecutor, author, and lecturer, was present at the American war crimes trials in Dachau and was the chief prosecutor in the Einsatzgruppen trials in Nuremburg. Like Ferencz, Cassese was a key figure in the development of international criminal law, serving as the first president of the International Criminal Tribunal for the former Yugoslavia and president of the European Committee for the Prevention of Torture, and chairman of the UN Commission of Inquiry into Violation of Human Rights and Humanitarian Law in Darfur. Cassese is currently the president of the Special Court for Lebanon. In The Prosecutor and the Judge, Heikelina Verrijn Stuart and Marlise Simons provide in-depth, revealing interviews with these two advocates of international law. Supplementing the interviews are several key articles written by Ferencz and Cassese that highlight the two men’s achievements and set the development of international law in context.
Bringing Power to Justice?
The world's first permanent international criminal tribunal for the prosecution and punishment of the world's most serious crimes was created in 2002. In Bringing Power to Justice? legal scholars, political scientists, and political philosophers respond to fundamental questions about the future of this court and international criminal justice. For instance, will the ICC be undermined by political constraints, given the opposition of major powers, including the United States? What are the implications of holding heads of state responsible for international crimes? Are trials the best response to state crime or would other devices (such as truth commissions) be more suitable? Is retributive justice an appropriate response? The contributors offer indispensable and thoughtful assessment of the future of international criminal justice.
The Oxford Handbook of International Criminal Law
Provides a non-traditional inter-disciplinary approach to the study of international criminal law, incorporating insights from global history, philosophy, and international relations, Explores the most innovative theoretical and doctrinal developments in the field, Critically examines prevailing practices, orthodoxies, and received wisdoms, Includes contributions from expert scholars outside of international law alongside chapters by some of the field's most respected scholars Book jacket.
Czech Yearbook of International Law - The Role of Governmental and Non-governmental Organizations in the 21st Century - 2014
The Czech Yearbooks Project, for the moment made up of the Czech Yearbook of International Law® and the Czech (& Central European) Yearbook of Arbitration®, began with the idea to create an open platform for presenting the development of both legal theory and legal practice in Central and Eastern Europe and the approximation thereof to readers worldwide. This platform should serve as an open forum for interested scholars, writers, and prospective students, as well as practitioners, for the exchange of different approaches to problems being analyzed by authors from different jurisdictions, and therefore providing interesting insight into issues being dealt with differently in many different countries.
The Concept of Universal Crimes in International Law
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
Fragmentation and Integration in Human Rights Law
Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They...
‘Law, Not War’
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Seeking Accountability for the Unlawful Use of Force
Analysis of how to prevent war and reinforce UN systems by imposing accountability on individuals and states for the unlawful use of force.
Making Sense of Mass Atrocity
Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.
Human Rights in International Relations
Third edition of Forsythe's successful textbook provides an overview of human rights in an age of upheaval in international politics.
