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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.
In An Introduction to the Law of International Criminal Tribunals Geert-Jan Alexander Knoops offers an overview of the basic topics in international criminal law (ICL). It discusses main characteristics of International Criminal Tribunals (ICTs), as well as definitions of international crimes. The book will delve into issues of jurisdiction and complementarity, liability principles and specialized defences. Other topics are: due process rights, evidence, trials in absentia and State cooperation. A new chapter is devoted to the geopolitical effects of international criminal prosecutions. The second revised edition includes a chapter on the “new” crime of aggression and is updated with the most recent developments in ICL. The book is essential to everyone becoming familiar with the basic topics and challenges within ICL.
This book offers a critical perspective of the Modus Operandi of The International Crimes Tribunal Bangladesh, highlighting the influences of prejudice. It argues that the tribunal was established to prosecute the accused of the 1971 war, violating their right to fair trial provisions guaranteed by the International Covenant on Civil and Political Rights (ICCPR) and the Rome Statute of the International Criminal Court. For this, I have attempted to expound the ontology and contents of minimum guarantees available to every accused, particularly in a war crime trial. Accordingly, the book evaluates the proceedings of the International Crimes Tribunal Bangladesh (ICTB) alongside other internationally recognized tribunals such as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, to identify areas of concern in the ICTB. A volume as slim as this cannot comprehensively cover every aspect of such a complex institution of war crimes trial. Yet, the book covers the most crucial and salient points of a particular case study of the ICTB in light of modern justice. Therefore, the book si confined strictly ot the legal aspects of these issues. As a purely legal inquiry, this book does not cover the historical, political, and social implications of the issue.
In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."--
The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
A riveting history—the first full account—of the involvement of Richard Nixon and Henry Kissinger in the 1971 atrocities in Bangladesh that led to war between India and Pakistan, shaped the fate of Asia, and left in their wake a host of major strategic consequences for the world today. Giving an astonishing inside view of how the White House really works in a crisis, The Blood Telegram is an unprecedented chronicle of a pivotal but little-known chapter of the Cold War. Gary J. Bass shows how Nixon and Kissinger supported Pakistan’s military dictatorship as it brutally quashed the results of a historic free election. The Pakistani army launched a crackdown on what was then East Pakistan (today an independent Bangladesh), killing hundreds of thousands of people and sending ten million refugees fleeing to India—one of the worst humanitarian crises of the twentieth century. Nixon and Kissinger, unswayed by detailed warnings of genocide from American diplomats witnessing the bloodshed, stood behind Pakistan’s military rulers. Driven not just by Cold War realpolitik but by a bitter personal dislike of India and its leader Indira Gandhi, Nixon and Kissinger actively helped the Pakistani government even as it careened toward a devastating war against India. They silenced American officials who dared to speak up, secretly encouraged China to mass troops on the Indian border, and illegally supplied weapons to the Pakistani military—an overlooked scandal that presages Watergate. Drawing on previously unheard White House tapes, recently declassified documents, and extensive interviews with White House staffers and Indian military leaders, The Blood Telegram tells this thrilling, shadowy story in full. Bringing us into the drama of a crisis exploding into war, Bass follows reporters, consuls, and guerrilla warriors on the ground—from the desperate refugee camps to the most secretive conversations in the Oval Office. Bass makes clear how the United States’ embrace of the military dictatorship in Islamabad would mold Asia’s destiny for decades, and confronts for the first time Nixon and Kissinger’s hidden role in a tragedy that was far bloodier than Bosnia. This is a revelatory, compulsively readable work of politics, personalities, military confrontation, and Cold War brinksmanship.
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?
The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.