Unimaginable Atrocities

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Unimaginable Atrocities

Author : William Schabas
Publisher : OUP Oxford
Page : 240 pages
File Size : 47,6 Mb
Release : 2012-02-23
Category : Law
ISBN : 9780191612220

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Unimaginable Atrocities by William Schabas Pdf

As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victors' justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victors' justice. This book traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, with a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade.

Unimaginable Atrocities

Author : William Schabas
Publisher : Oxford University Press
Page : 241 pages
File Size : 49,7 Mb
Release : 2012-02-23
Category : History
ISBN : 9780199653072

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Unimaginable Atrocities by William Schabas Pdf

As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.

Invisible Atrocities

Author : Randle C. DeFalco
Publisher : Cambridge University Press
Page : 313 pages
File Size : 50,7 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108487412

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Invisible Atrocities by Randle C. DeFalco Pdf

This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.

Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court

Author : Rosemary Grey
Publisher : Cambridge University Press
Page : 395 pages
File Size : 41,7 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108470438

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Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court by Rosemary Grey Pdf

Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.

Atrocity Labelling

Author : Markus P. Beham
Publisher : Bloomsbury Publishing
Page : 217 pages
File Size : 44,8 Mb
Release : 2022-11-03
Category : Political Science
ISBN : 9780755617548

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Atrocity Labelling by Markus P. Beham Pdf

Atrocity. Genocide. War crime. Crime Against Humanity. Such atrocity labels have been popularized among international lawmakers but with little insight offered into how and when these terms are applied and to what effect. What constitutes an event to be termed a genocide or war crime and what role does this play in the application of legal proceedings? Markus P. Beham, through an interdisciplinary and comparative approach, unpicks these terms to uncover their historical genesis and their implications for international criminal law initiatives concerned with atrocity. The book uniquely compares four specific case studies: Belgian colonial exploitation of the Congo, atrocities committed against the Herero and Nama in German South-West Africa, the Armenian genocide and the man-made Ukrainian famine of the 1930s. Encompassing international law, legal history, and discourse analysis, the concept of 'atrocity labelling' is used to capture the meaning underlying the work of international lawyers and prosecutors, historians and sociologists, agenda setters and policy makers.

Law, Politics and the Limits of Prosecuting Mass Atrocity

Author : Damien Rogers
Publisher : Springer
Page : 244 pages
File Size : 46,6 Mb
Release : 2017-08-30
Category : Political Science
ISBN : 9783319609942

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Law, Politics and the Limits of Prosecuting Mass Atrocity by Damien Rogers Pdf

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.

Arcs of Global Justice

Author : Margaret M. DeGuzman,Diane Marie Amann
Publisher : Oxford University Press
Page : 593 pages
File Size : 48,5 Mb
Release : 2018
Category : Law
ISBN : 9780190272654

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Arcs of Global Justice by Margaret M. DeGuzman,Diane Marie Amann Pdf

M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothless tiger, or a meaningful force for change? -- Marc Bossuyt / The UN optional protocol on the abolition of the death penalty --Christof Heyns and Thomas Probert and Tess Borden / The right to life and the progressive abolition of the death penalty -- Zhao Bingzhi / Progress and trend of the reform of the death penalty in China -- Margaret M. DeGuzman / Criminal law philosophy in international criminal law scholarship -- Frédéric Mégret / Is the ICC focusing too much on non-state actors? -- Shane Darcy / The principle of legality at the crossroads of human rights and international criminal law -- Alain Pellet / Revisiting the sources of applicable law before the ICC -- Mireille Delmas-Marty / The ICC as a work in progress, for a world in process -- Carsten Stahn / Legacy in international criminal justice -- Andrew Clapham and Paola Gaeta / Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas -- Hirad Abtahi and Philippa Webb / Secrets and surprises in the Travaux préparatoires of the genocide convention -- Jérémie Gilbert / Perspectives on cultural genocide : from criminal law to cultural diversity -- Beth Van Schaack / Crimes against humanity : repairing Title 18's blind spots -- Leila Nadya Sadat / A new global treaty on crimes against humanity : future prospects -- Mark A. Drumbl / Justice outside of criminal courtrooms and jailhouses -- Charles Chernor Jalloh / Toward greater synergy between courts and truth commissions in post-conflict contexts : lessons from Sierra Leone -- Geoffrey Nice and Nevenka Tromp / Criminal trial as a tool to control historical narrative -- Mary Ellen O'Connell / The arc toward justice and peace -- Adama Dieng / The maintenance of international peace and security through prevention of atrocity crimes : the question of co-operation between the UN and regional arrangements -- Emma Sandon / Law and film : curating rights cinema -- Wayne Jordash / The role of advocates in developing international law -- Diane Marie Amann / Bill the blogger

The International Criminal Court

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1400 pages
File Size : 53,7 Mb
Release : 2017-01-19
Category : Law
ISBN : 9780191060304

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The International Criminal Court by William A. Schabas Pdf

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

Perpetrators of International Crimes

Author : Alette Smeulers,Maartje Weerdesteijn,Barbora Holá
Publisher : Oxford University Press
Page : 400 pages
File Size : 50,8 Mb
Release : 2019-02-07
Category : Law
ISBN : 9780192565495

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Perpetrators of International Crimes by Alette Smeulers,Maartje Weerdesteijn,Barbora Holá Pdf

Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.

Repetition and International Law

Author : Wouter Werner
Publisher : Cambridge University Press
Page : 205 pages
File Size : 44,9 Mb
Release : 2022-02-03
Category : Law
ISBN : 9781316510780

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Repetition and International Law by Wouter Werner Pdf

An exploration of the dialectical role of repetition in international law, building on insights from philosophy, sociology, theatre and film.

Atrocity Crimes, Children and International Criminal Courts

Author : Cécile Aptel
Publisher : Taylor & Francis
Page : 216 pages
File Size : 44,9 Mb
Release : 2023-04-28
Category : Law
ISBN : 9781000862874

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Atrocity Crimes, Children and International Criminal Courts by Cécile Aptel Pdf

This book shows how international criminal courts have paid only limited and inconsistent attention to atrocity crimes affecting children. It elucidates the many structural, legal, financial and even attitudinal obstacles, often overlapping, that have contributed to the international courts’ focus on the experience of adults, rendering children almost invisible. It reviews whether and how different international and hybrid criminal jurisdictions have considered international crimes committed against or by children. The book also considers how international criminal justice can help contribute to the recognition of the specific impact that international crimes have on children, whether as victims or as participants, and strengthen their protection. Finally, it proposes an agenda to improve this situation, making specific recommendations encompassing the urgent need to further elaborate child-friendly procedures. It also calls for international investigative and prosecutorial strategies to be less adult-centric and broaden the scope of crimes against children beyond the focus on child-soldiers. This book is an invaluable resource for academics, researchers and fieldworkers in the areas of international criminal law, international human rights law/child rights, international humanitarian law, child protection and transitional justice.

West Point History of World War II, Vol. 2

Author : The United States Military Academy
Publisher : Simon and Schuster
Page : 384 pages
File Size : 48,9 Mb
Release : 2016-11-08
Category : History
ISBN : 9781476782782

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West Point History of World War II, Vol. 2 by The United States Military Academy Pdf

The definitive, must-have military history of World War II—spanning 1942 until the end of the war—packed with the same expert analysis, exclusive tactical maps, unique graphics, and historical images used by The United States Military Academy at West Point to teach the art of war to its own cadets. Since its founding, West Point has taught its cadets the history of warfare, and since 1847 it has done so through a singular text, The West Point History of Warfare. That text has been updated repeatedly, and now through a unique partnership with West Point graduates, The West Point History of Warfare has been completely rewritten. Volume 1 concluded with the midpoint of World War II in 1942, which is where this latest edition begins, covering all aspects of the war in chapters such as “Strategic Seapower and Airpower” by Richard J. Overy, “The Defeat of Japan” by Robert W. Love, Jr., “The Allies Turn the Tide” by Robert M. Citino, and “Occupation, Demobilization, and Assessing Victory” by Steve R. Waddell. As with previous volumes, The West Point History of World War II, Volume 2 boasts rich, full-color illustrations with unique tactical maps created by expert cartographers in collaboration with West Point’s military historians, as well as dozens of graphics uniquely created for this volume and hundreds of historical images, many of which are from the West Point archives. Authoritative, compelling, a goldmine for history lovers, this essential resource belongs in the library of every serious student of World War II.

Public Health, Mental Health, and Mass Atrocity Prevention

Author : Jocelyn Getgen Kestenbaum,Caitlin O. Mahoney,Amy E. Meade,Arlan F. Fuller
Publisher : Routledge
Page : 243 pages
File Size : 52,8 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781000414240

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Public Health, Mental Health, and Mass Atrocity Prevention by Jocelyn Getgen Kestenbaum,Caitlin O. Mahoney,Amy E. Meade,Arlan F. Fuller Pdf

This multidisciplinary volume considers the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, and genocide. The authors address atrocity prevention through the framework of primary (pre-conflict), secondary (mid-conflict), and tertiary (post-conflict) settings. They examine the ways in which public health and mental health scholars and practitioners currently orient their research and interventions and the ways in which we can adapt frameworks, methods, tools, and practice toward a more sophisticated and truly interdisciplinary understanding and application of atrocity prevention. The book brings together diverse fields of study by global north and global south authors in diverse contexts. It culminates in a narrative that demonstrates the state of the current fields on intersecting themes within public health, mental health, and mass atrocity prevention and the future potential directions in which these intersections could go. Such discussions will serve to influence both policy makers and practitioners in these fields toward developing, adapting, and testing frames and tools for atrocity prevention. Multidisciplinary perspectives are represented among editors and authors, including law, political science, international studies, public health, mental health, philosophy, clinical psychology, social psychology, history, and peace studies.

The Ashgate Research Companion to International Criminal Law

Author : Yvonne McDermott
Publisher : Routledge
Page : 553 pages
File Size : 50,8 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317043140

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The Ashgate Research Companion to International Criminal Law by Yvonne McDermott Pdf

International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

Genocide and Crimes Against Humanity

Author : Caroline Fournet
Publisher : Bloomsbury Publishing
Page : 168 pages
File Size : 55,9 Mb
Release : 2013-01-31
Category : Law
ISBN : 9781782250692

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Genocide and Crimes Against Humanity by Caroline Fournet Pdf

This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and an overly conservative practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. Whilst it uses the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'.