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At the closely guarded and secretive military facility, Pine Gap in Australia's Northern Territory, police arrest six nonviolent activists. Their crime: to step through a fence, lamenting and praying for the dead of war. They call themselves Peace Pilgrims. The Crown calls them a threat to national security and demands gaol time. Their political trials, under harsh Cold War legislation, tell a story of obsessive Australian secrecy about the American military presence on our soil and the state's hardline response to dissent. In Peace Crimes, Alice Springs journalist Kieran Finnane gives a gripping account of what prompts the Pilgrims to risk so much, interweaving local events and their legal aftermath with this century's disturbing themes of international conflict and high-tech war. She asks, what responsibilities do we have as Australians for the covert military operations of Pine Gap and what are we going to do about them?
Among the world's hotly contested, obsessively controlled, and often dangerous borders, none is deadlier than the Mediterranean Sea. Since 2000, at least 25,000 people have lost their lives attempting to reach Italy and the rest of Europe, most by drowning in the Mediterranean. Every day, unauthorized migrants and refugees bound for Europe put their lives in the hands of maritime smugglers, while fishermen, diplomats, priests, bureaucrats, armed forces sailors, and hesitant bystanders waver between indifference and intervention—with harrowing results. In Crimes of Peace, Maurizio Albahari investigates why the Mediterranean Sea is the world's deadliest border, and what alternatives could improve this state of affairs. He also examines the dismal conditions of migrants in transit and the institutional framework in which they move or are physically confined. Drawing on his intimate knowledge of places, people, and European politics, Albahari supplements fieldwork in coastal southern Italy and neighboring Mediterranean locales with a meticulous documentary investigation, transforming abstract statistics into names and narratives that place the responsibility for the Mediterranean migration crisis in the very heart of liberal democracy. Global fault lines are scrutinized: between Europe, Africa, and the Middle East; military and humanitarian governance; detention and hospitality; transnational crime and statecraft; the universal law of the sea and the thresholds of a globalized yet parochial world. Crimes of Peace illuminates crucial questions of sovereignty and rights: for migrants trying to enter Europe along the Mediterranean shore, the answers are a matter of life or death.
In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.
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.
From the late ’90s to the mid-2010s, American cities experienced an astonishing drop in violent crime, dramatically changing urban life. In many cases, places once characterized by decay and abandonment are now thriving, the fear of death by gunshot wound replaced by concern about skyrocketing rents. In Uneasy Peace, Patrick Sharkey, “the leading young scholar of urban crime and concentrated poverty” (Richard Florida, author of The Rise of the Creative Class and The New Urban Crisis) reveals the striking effects: improved school test scores, because children are better able to learn when not traumatized by nearby violence; better chances that poor children will rise into the middle class; and a marked increase in the life expectancy of African American men. Some of the forces that brought about safer streets—such as the intensive efforts made by local organizations to confront violence in their own communities—have been positive, Sharkey explains. But the drop in violent crime has also come at the high cost of aggressive policing and mass incarceration. From Harlem to South Los Angeles, Sharkey draws on original data and textured accounts of neighborhoods across the country to document the most successful proven strategies for combating violent crime and to lay out innovative and necessary approaches to the problem of violence. At a time when crime is rising again, the issue of police brutality has taken center stage, and powerful political forces seek to disinvest in cities, the insights in this book are indispensable.
A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war.
In 1996, Louise Arbour was appointed by the Security Council of the United Nations as Chief Prosecutor for the International Criminal Tribunals for the former Yugoslavia and Rwanda. Reflecting on these experiences, she argues in War Crimes and the Culture of Peace that the level of public awareness and understanding of the significance of these events is minimal in part as a result of the way in which international criminal law is practiced. Justice Arbour contends that previous efforts to unite concepts of international law and criminal law in the practice of these tribunals are evolving, and suggests that the ties between personal criminal accountability and peace should be central to the decisions made in the future concerning procedural models for the permanent International War Crimes Tribunals. As a result, the public might better understand the context and causes of such crime, and the notion of crime as a breach of the peace would be made central to these trials. Justice Arbour delivered War Crimes and the Culture of Peace as the fifth annual Senator Keith Davey Lecture at Victoria University at the University of Toronto in January 2001.
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.
Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.
Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.