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Gender and Transitional Justice
Gender and Transitional Justice provides the first comprehensive feminist analysis of the role of international law in formal transitional justice mechanisms. Using East Timor as a case study, it offers reflections on transitional justice administered by a UN transitional administration. Often presented as a UN success story, the author demonstrates that, in spite of women and children’s rights programmes of the UN and other donors, justice for women has deteriorated in post-conflict Timor, and violence has remained a constant in their lives. This book provides a gendered analysis of transitional justice as a discipline. It is also one of the first studies to offer a comprehensive case study of how women engaged in the whole range of transitional mechanisms in a post-conflict state, i.e. domestic trials, internationalised trials and truth commissions. The book reveals the political dynamics in a post-conflict setting around gender and questions of justice, and reframes of the meanings of success and failure of international interventions in the light of them.
Genocide in Darfur
In response to the ongoing mass murder of Black Sudanese groups in the Darfur region of Sudan by Sudanese government troops and Arab militias, the US government sent the Darfur Atrocities Documentation Team to various points along the Chad/Sudan in order to interview refugees from Darfur. Based on their investigation, US Secretary of State Colin Powell formally announced that ‘genocide has occurred in Darfur and may still be occurring.’ The United States officially accused the government of Sudan of perpetrating genocide - the first time that any government has officially and publicly accused another government of genocide. As a result the United States played a key role in pressuring th...
The Legal Regime of the International Criminal Court
This impressive and unique collection of essays covers important aspects of the legal regime of the International Criminal Court (ICC). The volume begins with an analysis of the historical development of the ICC, the progressive development of international humanitarian and international criminal law by the ad hoc Tribunals and the work of mixed national/international jurisdictions. The legal and institutional basis of the ICC is then dealt with in detail, including the organs of the ICC, war crimes, crimes against humanity and crimes of aggression, modes of liability before the ICC and defences before the ICC. Part III focuses on the court at work, including its procedural rules, criminal proceedings at the ICC, penalties and appeal and revision procedures. Part IV deals with the relationship of the ICC with states and international organizations. The contributors are established scholars in the field of international criminal and humanitarian law, many of whom are practitioners in the various tribunals.
International Crimes: Law and Practice
This authoritative manual on the law of international crimes discusses in detail crimes against humanity, and its relationship to other international crimes. It is an invaluable tool for academics and researchers, as well as legal practitioners, who will be able readily to identify relevant legal standards and precedents.
Deadly Metal Rain: The Legality of Flechette Weapons in International Law
Relying on often unique sources, this book offers the only in-depth study on flechette weapons yet conducted. Its comprehensive exploration of the legal versus illegal implications of conventional weapons use make it an invaluable resource for weaponry policy analysts.
The Legacy of Nuremberg
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual crimin...
Sex in Peace Operations
This book critically re-evaluates the problem of sex between international personnel and local people and offers regulatory solutions to legal problems.
The Justice of Humans
An innovative socio-legal study of 'international justice', focusing on conflict-related sexual violence in the former Yugoslavia.
Protecting Cultural Property in Armed Conflict
In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.
Regulating the Use of Force in Wars of National Liberation: The Need for a New Regime
This work reconsiders and critically evaluates the complex international legal framework which seeks to regulate wars of national liberation in the light of two fascinating case studies. It tests the effectiveness of both the jus ad bellum and jus in bello aspects of the current legal framework by applying it to self-determination wars waged in the South Moluccas and Aceh by armed groups against Indonesia. The book highlights the various difficulties inherent in the current legal framework as well as the ad hoc and unpredictable practice of States in relation to its application. The work concludes with recommendations on how the current framework should be updated and enhanced so that it can adequately deal with modern self-determination conflicts.
