The Rise And Fall Of War Crimes Trials

Autor: Charles Anthony Smith
Publisher: Cambridge University Press
ISBN: 1107023548
File Size: 76,35 MB
Format: PDF
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This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

The Ashgate Research Companion To Military Ethics

Autor: Dr James Turner Johnson
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472416287
File Size: 10,30 MB
Format: PDF
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This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs, and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators.

Understanding The Political World

Autor: James N. Danziger
Publisher: Pearson
ISBN: 9780133952971
File Size: 61,94 MB
Format: PDF, ePub
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REVEL for Understanding the Political World gives students deeper insight into the continually evolving nature of international politics. Presenting key concepts, relevant research findings, and detailed explanations, the Twelfth Editionoffers students a path to understanding the challenges of politics and political differences. The text explores the subject matter from a comprehensive and comparative standpoint, using real examples from different international political systems to demonstrate how politics are understood throughout the world. By directly questioning students to understand and explain what they know, REVEL forUnderstanding the Political World brings an abstract subject into focus by relating it to students' opinions and lives. Through real examples of political institutions and processes, students can better understand the nature of global politics. REVEL is Pearson's newest way of delivering our respected content. Fully digital and highly engaging, REVEL offers an immersive learning experience designed for the way today's students read, think, and learn. Enlivening course content with media interactives and assessments, REVEL empowers educators to increase engagement with the course, and to better connect with students. NOTE: REVEL is a fully digital delivery of Pearson content. This ISBN is for the standalone REVEL access card. In addition to this access card, you will need a course invite link, provided by your instructor, to register for and use REVEL.

Writing History In International Criminal Trials

Autor: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 1139498266
File Size: 45,62 MB
Format: PDF, ePub, Mobi
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Why do international criminal tribunals write histories of the origins and causes of armed conflicts? Richard Ashby Wilson conducted research with judges, prosecutors, defense attorneys and expert witnesses in three international criminal tribunals to understand how law and history are combined in the courtroom. Historical testimony is now an integral part of international trials, with prosecutors and defense teams using background testimony to pursue decidedly legal objectives. In the Slobodan Milošević trial, the prosecution sought to demonstrate special intent to commit genocide by reference to a long-standing animus, nurtured within a nationalist mindset. For their part, the defense called historical witnesses to undermine charges of superior responsibility, and to mitigate the sentence by representing crimes as reprisals. Although legal ways of knowing are distinct from those of history, the two are effectively combined in international trials in a way that challenges us to rethink the relationship between law and history.

Humanity S Law

Autor: Ruti Teitel
Publisher: Oxford University Press
ISBN: 0199911681
File Size: 69,59 MB
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In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.

Globalizing Human Rights

Autor: Charles Anthony Smith
Publisher: Routledge
ISBN: 1134920946
File Size: 63,56 MB
Format: PDF, ePub, Mobi
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This collection presents a comprehensive engagement of issues of human rights in an increasingly globalized world. As the role of the rule of law has moved beyond the confines of the state and beyond the interactions of states, how and when law protects human rights has become a central issue of concern. These essays shed light on both the immediate and the long-term future of a variety of issues located at the intersection of globalized law and the protection of the rights of individuals. Here both top-down mechanisms and bottom-up mechanisms for the fulfilment of human rights are artfully explained. This volume presents frontiers of research in human rights in both substance and approach using a variety of methodologies to engage issues ranging from national court compliance, norm diffusion, and the role of the judiciary in fulfilling human rights to human trafficking, same-sex marriage, and judicial institution building through non-governmental organizations. This book was published as a special issue of the Journal of Human Rights.

Gerrymandering The Supreme Court And The Constitutional Revolution Of 2004

Autor: Anthony J. McGann
Publisher: Cambridge University Press
ISBN: 110714325X
File Size: 15,62 MB
Format: PDF
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This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.

Unimaginable Atrocities

Autor: William Schabas
Publisher: OUP Oxford
ISBN: 0191612227
File Size: 36,97 MB
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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 victor's 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 victor's 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.

Crimes Against Humanity

Autor: M. Cherif Bassiouni
Publisher: Cambridge University Press
ISBN: 1139498932
File Size: 53,15 MB
Format: PDF
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This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.

Churchill Hitler And The Unnecessary War

Autor: Patrick J. Buchanan
Publisher: Crown Forum
ISBN: 0307405168
File Size: 68,97 MB
Format: PDF, ePub
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A leading conservative thinker presents a best-selling revisionist history of the twentieth century that argues that Churchill's actions propelled Britain into two World Wars, a situation that led to the collapse of the British empire and ended Europe's global dominance. Reprint.