War And International Justice

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War and International Justice

Brian Orend
War and International Justice Book PDF

Author : Brian Orend
Publisher : Wilfrid Laurier Univ. Press
Page : 283 pages
File Size : 50,8 Mb
Release : 2010-10-30
Category : Philosophy
ISBN : 9781554587636

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War and International Justice by Brian Orend Pdf

Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.

Judging War Criminals

Y. Beigbeder
Judging War Criminals Book PDF

Author : Y. Beigbeder
Publisher : Springer
Page : 230 pages
File Size : 52,9 Mb
Release : 1998-12-21
Category : Political Science
ISBN : 9780230378964

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Judging War Criminals by Y. Beigbeder Pdf

In June 1998, diplomats met in Rome to draft the Statute of an International Criminal Court. Based on the precedents of the Nuremberg and Tokyo Tribunals and of the War Crimes Tribunals for Former Yugoslavia and Rwanda, the new Court will judge individuals, not States. Unpunished mass slaughters have occurred in many countries. National justice is often ineffective. Truth and reconciliation commissions complement but do not replace justice. International 'Peoples' Tribunals have no international legitimacy. It is hoped that a permanent, international criminal court may combat impunity and deter more crimes.

War Crimes and Realpolitik

Jackson Nyamuya Maogoto
War Crimes and Realpolitik Book PDF

Author : Jackson Nyamuya Maogoto
Publisher : Lynne Rienner Pub
Page : 267 pages
File Size : 42,5 Mb
Release : 2004
Category : Political Science
ISBN : 1588262766

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War Crimes and Realpolitik by Jackson Nyamuya Maogoto Pdf

Exploring the evolution and operation of the international criminal justice system and highlighting the influences of politics, this book takes the reader behind the scenes of the conflict between justice and realpolitik.

Justice in Conflict

Mark Kersten
Justice in Conflict Book PDF

Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 45,6 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948

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Justice in Conflict by Mark Kersten Pdf

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Global Justice

Kingsley Chiedu Moghalu
Global Justice Book PDF

Author : Kingsley Chiedu Moghalu
Publisher : Bloomsbury Publishing USA
Page : 238 pages
File Size : 54,5 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9780313087127

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Global Justice by Kingsley Chiedu Moghalu Pdf

After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.

Michael Walzer on War and Justice

Brian Orend
Michael Walzer on War and Justice Book PDF

Author : Brian Orend
Publisher : McGill-Queen's Press - MQUP
Page : 234 pages
File Size : 43,5 Mb
Release : 2001-03-01
Category : Philosophy
ISBN : 9780773569423

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Michael Walzer on War and Justice by Brian Orend Pdf

In Michael Walzer on War and Justice Brian Orend offers the first clear and comprehensive look at Walzer's entire body of work. He deals with controversial subjects - from bullets, blood, and bombs to the distribution of money, political power, and health care - and surveys both the national and the international fields of justice. This is an important book that provides a thought-provoking and critical look at some of the most pressing and controversial topics of our time.

Peace with Justice?

Paul R. Williams,Michael P. Scharf
Peace with Justice Book PDF

Author : Paul R. Williams,Michael P. Scharf
Publisher : Rowman & Littlefield
Page : 354 pages
File Size : 55,8 Mb
Release : 2002
Category : Law
ISBN : 0742518566

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Peace with Justice? by Paul R. Williams,Michael P. Scharf Pdf

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.

International Justice in the United Nations General Assembly

Ramsden, Michael
International Justice in the United Nations General Assembly Book PDF

Author : Ramsden, Michael
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 41,5 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781788119382

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International Justice in the United Nations General Assembly by Ramsden, Michael Pdf

International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.

Punishment, Justice and International Relations

Anthony F. Lang Jr.
Punishment Justice and International Relations Book PDF

Author : Anthony F. Lang Jr.
Publisher : Routledge
Page : 206 pages
File Size : 46,7 Mb
Release : 2009-10-16
Category : History
ISBN : 9781134070602

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Punishment, Justice and International Relations by Anthony F. Lang Jr. Pdf

This book examines the international political order in the post-Cold War era, arguing that this order has become progressively more punitive. This is seen as resulting from both a human-rights regime that emphasizes legal norms and the aggressive policies of the United States and its allies in the ‘War on Terror’. While punishment can play a key role in creating justice in a political system, serious flaws in the current global order militate against punishment-enforcing global norms. The book argues for the necessary presence of three key concepts - justice, authority and agency - if punishment is to function effectively, and explores four practices in the current international system: intervention, sanctions, counter- terrorism policy, and war crimes tribunals. It concludes by suggesting ways to revise the current global political structure in order to enable punitive practices to play a more central role in creating a just world order. This book will be of much interest to students of International Law, Political Science and International Relations.

Law, War and Crime

Gerry J. Simpson
Law War and Crime Book PDF

Author : Gerry J. Simpson
Publisher : John Wiley & Sons
Page : 249 pages
File Size : 50,9 Mb
Release : 2013-04-18
Category : Law
ISBN : 9780745657318

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Law, War and Crime by Gerry J. Simpson Pdf

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Toward a Just World

Dorothy V. Jones
Toward a Just World Book PDF

Author : Dorothy V. Jones
Publisher : University of Chicago Press
Page : 287 pages
File Size : 51,6 Mb
Release : 2002-12-15
Category : Political Science
ISBN : 9780226409481

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Toward a Just World by Dorothy V. Jones Pdf

"Toward a Just World is an insightful and thoughtful history. The first half of the twentieth century and the heroic efforts of those who sought international justice during that time will be much better understood and appreciated thanks to this fascinating book."—Robert F. Drinan, Georgetown University A century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. Yet now we depend on institutions such as these to air and punish crimes against humanity, as we have seen in the International Criminal Tribunal for Rwanda and the appearance of Serbian leader Slobodan Milosevic before the Tribunal for the Former Yugoslavia. Toward a Just World tells the remarkable story of the long struggle to craft the concept of international justice that we have today. Dorothy V. Jones focuses on the first half of the twentieth century, the pivotal years in which justice took on expanded meaning in conjunction with ideas like world peace, human rights, and international law. Fashioning both political and legal history into a compelling narrative, Jones recovers little-known events from undeserved obscurity and helps us see with new eyes the pivotal ones that we think we know. Jones also covers many of the milestones in the history of diplomacy, from the Treaty of Versailles and the creation of the League of Nations to the Nuremberg war crimes tribunal and the making of the United Nations. As newspapers continue to fill their front pages with stories about how to administer justice to al Qaeda and Saddam Hussein, Toward a Just World will serve as a timely reminder of how the twentieth century achieved one of its most enduring triumphs: giving justice an international meaning.

Toward a Just World

Dorothy V. Jones
Toward a Just World Book PDF

Author : Dorothy V. Jones
Publisher : University of Chicago Press
Page : 287 pages
File Size : 41,5 Mb
Release : 2013-12-04
Category : Political Science
ISBN : 9780226115818

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Toward a Just World by Dorothy V. Jones Pdf

"Toward a Just World is an insightful and thoughtful history. The first half of the twentieth century and the heroic efforts of those who sought international justice during that time will be much better understood and appreciated thanks to this fascinating book."—Robert F. Drinan, Georgetown University A century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. Yet now we depend on institutions such as these to air and punish crimes against humanity, as we have seen in the International Criminal Tribunal for Rwanda and the appearance of Serbian leader Slobodan Milosevic before the Tribunal for the Former Yugoslavia. Toward a Just World tells the remarkable story of the long struggle to craft the concept of international justice that we have today. Dorothy V. Jones focuses on the first half of the twentieth century, the pivotal years in which justice took on expanded meaning in conjunction with ideas like world peace, human rights, and international law. Fashioning both political and legal history into a compelling narrative, Jones recovers little-known events from undeserved obscurity and helps us see with new eyes the pivotal ones that we think we know. Jones also covers many of the milestones in the history of diplomacy, from the Treaty of Versailles and the creation of the League of Nations to the Nuremberg war crimes tribunal and the making of the United Nations. As newspapers continue to fill their front pages with stories about how to administer justice to al Qaeda and Saddam Hussein, Toward a Just World will serve as a timely reminder of how the twentieth century achieved one of its most enduring triumphs: giving justice an international meaning.

International Judicial Institutions

Richard J. Goldstone,Adam M. Smith
International Judicial Institutions Book PDF

Author : Richard J. Goldstone,Adam M. Smith
Publisher : Routledge
Page : 202 pages
File Size : 53,7 Mb
Release : 2015-03-05
Category : Political Science
ISBN : 9781317623717

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International Judicial Institutions by Richard J. Goldstone,Adam M. Smith Pdf

This fully-updated and much expanded second edition provides a much needed, short and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prosecutor and a leading international law expert, this book analyses the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: New updates on recently found records of the United Nations War Crimes Commission. Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda Updates on the Special Tribunal For Lebanon A re-evaluation of the future of the International Criminal Court International Judicial Institutions: Second Edition will be of great interest to students of International Politics, Criminology and Law.

Child Soldiers as Agents of War and Peace

Leonie Steinl
Child Soldiers as Agents of War and Peace Book PDF

Author : Leonie Steinl
Publisher : Springer
Page : 421 pages
File Size : 48,7 Mb
Release : 2017-08-19
Category : Law
ISBN : 9789462652019

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Child Soldiers as Agents of War and Peace by Leonie Steinl Pdf

This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

International Justice in Rwanda and the Balkans

Victor Peskin
International Justice in Rwanda and the Balkans Book PDF

Author : Victor Peskin
Publisher : Cambridge University Press
Page : 290 pages
File Size : 45,5 Mb
Release : 2008-03-03
Category : Political Science
ISBN : 9781139468176

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International Justice in Rwanda and the Balkans by Victor Peskin Pdf

Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.