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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 criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia's post-World War Two war crimes trials of Japanese defendants, Australia's extensive national case law on Article 1(F) of the Refugee Convention and Australia's national implementing legislation for the Rome Statute.
Hiding in Plain Sight tells the story of the global effort to apprehend the world’s most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America’s pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies—both successful and unsuccessful—that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades—all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.pbs.org/wnet/dead-reckoning/. And for more information about the Human Rights Center, visit hrc.berkeley.edu.
Much is at stake when we choose a word for a form of violence: whether a conflict is labeled civil war or genocide, whether we refer to “enhanced interrogation techniques” or to “torture,” whether a person is called a “terrorist” or a “patriot.” Do these decisions reflect the rigorous application of commonly accepted criteria, or are they determined by power structures and partisanship? How is the language we use for violence entangled with the fight against it? In Naming Violence, Mathias Thaler articulates a novel perspective on the study of violence that demonstrates why the imagination matters for political theory. His analysis of the politics of naming charts a middle ground between moralism and realism, arguing that political theory ought to question whether our existing vocabulary enables us to properly identify, understand, and respond to violence. He explores how narrative art, thought experiments, and historical events can challenge and enlarge our existing ways of thinking about violence. Through storytelling, hypothetical situations, and genealogies, the imagination can help us see when definitions of violence need to be revisited by shedding new light on prevalent norms and uncovering the contingent history of ostensibly self-evident beliefs. Naming Violence demonstrates the importance of political theory to debates about violence across a number of different disciplines from film studies to history.
This anthology offers case studies on the deterrent effect of international criminal tribunals in ten situations, six of which are International Criminal Court situations. The case studies cover four different international tribunals. This gives a new comparative perspective on the impact of international criminal law since the early 1990s. The book seeks to contribute to an important discourse on deterrence: on how international criminal tribunals can assist in a global, co-operative effort to prevent core international crimes. Thirteen authors draw on both quantitative and qualitative factors to assess the rise and fall of criminality and perceptions of deterrence amongst a wide variety of respondents. The studies are based on first-hand information where feasible. They are multi-disciplinary and holistic. Apart from the two editors, the book has contributions by Evelyne Owiye Asaala, Olivia Bueno, Dafi na Bucaj, Seydou Doumbia, Mackline Ingabire, Kasande Sarah Kihika, Sladjana Lazic, Sharanjeet Parmar, Kounkin Augustin Som and Eleanor D. Thompson. It presents concrete findings and recommendations to inform future work of international criminal tribunals including the International Criminal Court.

Sudan

United States. Congress. House. Committee on International Relations

Published: 2006

Total Pages: 64


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This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
The field of humanitarianism is characterised by profound uncertainty, by a constant need to respond to the unpredictable, and by concepts and practices that often defy simple or straightforward explanation. Humanitarians often find themselves not just engaged in the pursuit of effective action, but also in a quest for meaning. That is the starting point for this book. Humanitarian action has in recent years confronted geopolitical challenges that have upended much of its conventional modus operandi and presented threats to its foundational assumptions and legal frameworks. The critical interrogation of the purpose, practice and future of humanitarian action has yielded a rich new field of enquiry, humanitarian studies, and many thoughtful books, articles and reports. So, the question arose as to the most useful way to provide a critical overview that might serve to bring some definitional clarity as well as analytical rigor to the waves of critique and shifting sands of humanitarian action. Humanitarianism: A Dictionary of Concepts provides an authoritative analysis that attempts to rethink, rather than merely problematize or define the issues at stake in contemporary humanitarian debates. It is an important moment to do so. Just about every tenet of humanitarianism is currently open to question as never before.
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.