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Hiding in Plain Sight tells the story of the global effort to apprehend the world's most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America's pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies--both successful and unsuccessful--that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades--all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.
The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.
In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states ...
For many years, hidden from view in the secure corridors of The Hague, Arusha, and Freetown, international prosecutors have worked to bring those accused of international crimes to justice. Drawing on first-hand interviews with prosecutors, this book reveals what motivated their decisions – from opening investigations and selecting charges, right through to deciding whether to appeal.
Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.
'... meticulously and comprehensively navigates the discourse over a nation-state's authority to prosecute an alleged international criminal... I am unaware of any other study of universal jurisdiction offering as extensive a compilation and critique of the relevant domestic law.' -The American Journal of International LawThis study is about the ambit of national criminal law. Can a country prosecute and punish a foreigner for a crime committed abroad against another foreigner? Reydams first identifies the international legal issues which arise when a State exercises extraterritorial jurisdiction generally. He then brings together detailed accounts of universal jurisdiction in fourteen count...
In Crimes Against Humanity in the 21st Century, Dr Robert Dubler SC and Matthew Kalyk provide a comprehensive analysis of crimes against humanity in international criminal law. The text tracks the crime from its conceptual origins in antiquity, to its emergence in customary international law at Nuremberg, to the establishment of the ‘modern definition’ at the Hague with the ICTY, ICTR and ICC, and finally to recent state practice and jurisprudence. The text sets out conclusions about the legal elements of the crime and contends that the raison d'être of the crime is located not in the inhumanity of its authors’ actions but in the extent to which its authors threaten international peace and security so as to justify international intervention. With a foreword by Geoffrey Robertson QC.
International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.