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This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.
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In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Saddam Hussein. Derided as "the Butcher of Baghdad," he was charged with the most serious crimes known to mankind. On October 19, 2005, the ruthless Iraqi leader and seven of his henchmen began a legal battle of epic proportions, with their lives literally in the balance. The first of several planned trials before the Iraqi High Tribunal focused on the destruction of the town of Dujail and the torture and murder of its inhabitants in retaliation for a 1982 failed assassination attempt. Billed by the international media as "the real trial of the century," the televised proceedings were punctuated by gripping testimony of atrocities, controversial judicial rulings, assassinations of defense co...
Assesses the legacy and impact of the ICTY and ICTR, focusing on their most significant legal achievements in international criminal law.
Billed by the international media as "the trial of the century," the Tadic case was punctuated by gripping testimony of atrocities, controversial judicial rulings, recanting star witnesses, and performances worthy of an Academy Award. What emerges is a compelling account of the historic trial which documented the full horror of the inhuman acts committed in the former Yugoslavia.
ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging dis...
This casebook exposes students to the most significant current legal issues relating to international organizations in a stimulating format, employing debates, simulations, and role-play exercises. The chapters cover international organizations related to peace and security, human rights, the environment, and the global economy, both within and outside of the UN system. The third edition updates all of the existing chapters, and adds new chapters addressing the role of international organizations in matters of humanitarian intervention, self-determination, and nuclear nonproliferation.
Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni...