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Legacies of the International Criminal Tribunal for the Former Yugoslavia
This edited volume provides a multidisciplinary perspective on the contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) to law, memory, and justice. It explores some of the accomplishments, challenges and critiques of the ICTY, as well as some of its less visible legacies.
Supranational Criminal Prosecution of Sexual Violence
The 1996 report of the United Nations Special Rapporteur on Rwanda stated that during the 1994 genocide in Rwanda rape was the rule and its absence the exception. Indeed, rape and other forms of sexual violence as constituting genocide, crimes against humanity or war crimes, directed in particular against women, have taken place on a massive scale since time immemorial and are still rampant.
The Old Bridge of Mostar and Increasing Respect for Cultural Property in Armed Conflict
Based on the study of the Old Bridge of Mostar, this book concerns the adequacy of the international humanitarian law regime relating to the targeting and destruction of immovable cultural property in armed conflict at both normative and enforcement level.
Individual Criminal Responsibility for Core International Crimes
1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and ...
The Additional Protocols to the Geneva Conventions in Context
The 1977 Additional Protocols to the Geneva Conventions remain a landmark in the development of international humanitarian law. This book interprets key rules in the Additional Protocols in light of state practice and the decisions of international criminal tribunals, illuminating some of the most complex areas of the law.
Gender and International Criminal Law
This book analyses narrow definitions of gender in international criminal law. Jurisprudence blind spots are examined, such as sexual violence against men, and the gendered dimensions of forced marriage and reproductive crimes. It promotes a more nuanced notion of gender to improve accountability for war crimes, genocide and aggression.
Military Necessity
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
The Participation of Victims in International Criminal Proceedings
This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice abl...
The Crime of Destruction and the Law of Genocide
This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
