The Legacy Of Nuremberg Civilising Influence Or Institutionalised Vengeance

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The Legacy of Nuremberg

Author : David A. Blumenthal
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004156917
Total Pages : 365 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Legacy of Nuremberg by : David A. Blumenthal

Download or read book The Legacy of Nuremberg written by David A. Blumenthal and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Hidden Histories of War Crimes Trials

Author : Kevin Heller
Publisher : OUP Oxford
ISBN 13 : 019165082X
Total Pages : 493 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Hidden Histories of War Crimes Trials by : Kevin Heller

Download or read book The Hidden Histories of War Crimes Trials written by Kevin Heller and published by OUP Oxford. This book was released on 2013-10-31 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides an essential resource for a more comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognising institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognises international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And - perhaps most important of all - how can recovering the lost stories and imagining new narrative forms reconfigure the discipline? Many of the trials examined in this book have hardly ever before been discussed; others have been examined only in the most cursory manner. Indeed, until now, no volume has been dedicated to telling the story of these trials, that have yet to find a place in the international criminal law canon. Providing a detailed analysis of these trials, which took place in Europe, Africa, South America, and Australasia, in both historical and contemporary contexts, this book is essential reading for anyone concerned with the development of international criminal law.

Principles of International Criminal Law

Author : Gerhard Werle
Publisher : OUP Oxford
ISBN 13 : 019100863X
Total Pages : 787 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Principles of International Criminal Law by : Gerhard Werle

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by OUP Oxford. This book was released on 2014-08-14 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.

Escape Routes: Contemporary Perspectives on Life After Punishment

Author : Stephen Farrall
Publisher : Routledge
ISBN 13 : 1136859594
Total Pages : 289 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Escape Routes: Contemporary Perspectives on Life After Punishment by : Stephen Farrall

Download or read book Escape Routes: Contemporary Perspectives on Life After Punishment written by Stephen Farrall and published by Routledge. This book was released on 2010-12-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Escape Routes: Contemporary Perspectives on Life After Punishment addresses the reasons why people stop offending, and the processes by which they are rehabilitated or resettled back into the community. Engaging with, and building upon, renewed criminological interest in this area, Escape Routes nevertheless broadens and enlivens the current debate. First, its scope goes beyond a narrowly-defined notion of crime and includes, for example, essays on religious redemption, the lives of ex-war criminals, and the relationship between ethnicity and desistance from crime. Second, contributors to this volume draw upon a number of areas of contemporary research, including urban studies, philosophy, history, religious studies, and ethics, as well as criminology. Examining new theoretical work in the study of desistance and exploring the experiences of a number of groups whose experiences of life after punishment do not usually attract much attention, Escape Routes provides new insights about the processes associated with reform, resettlement and forgiveness. Intended to drive our understanding of life after punishment forward, its rich array of theoretical and substantive papers will be of considerable interest to criminologists, lawyers, and sociologists.

Some Kind of Justice

Author : Diane Orentlicher
Publisher : Oxford University Press
ISBN 13 : 0190882298
Total Pages : 497 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Some Kind of Justice by : Diane Orentlicher

Download or read book Some Kind of Justice written by Diane Orentlicher and published by Oxford University Press. This book was released on 2018-03-30 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

For the Sake of Present and Future Generations

Author : Suzannah Linton
Publisher : BRILL
ISBN 13 : 9004270728
Total Pages : 703 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis For the Sake of Present and Future Generations by : Suzannah Linton

Download or read book For the Sake of Present and Future Generations written by Suzannah Linton and published by BRILL. This book was released on 2015-07-14 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’

Rough Justice

Author : David Bosco
Publisher : Oxford University Press
ISBN 13 : 0199844135
Total Pages : 313 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Rough Justice by : David Bosco

Download or read book Rough Justice written by David Bosco and published by Oxford University Press. This book was released on 2014 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the movement to establish the International Criminal Court, its tumultuous first decade, and the challenges it will continue to face in the future.

War and Rape

Author : Nicola Henry
Publisher : Routledge
ISBN 13 : 1136861823
Total Pages : 186 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis War and Rape by : Nicola Henry

Download or read book War and Rape written by Nicola Henry and published by Routledge. This book was released on 2012-07-26 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wartime rape has been virulent in wars of sovereignty, territory, conquest, religion, ideology and liberation, yet attention to this crime has been sporadic throughout history. Rape remains ‘unspeakable’, particularly within law. Moreover, rape has not featured prominently in post-conflict collective memory. And even when rape is ‘remembered’, it is often the subject of political controversy and heated debate. In this book, Henry asks some critical questions about the relationship between mass rape, politics and law. In what ways does law contribute to the collective memory of wartime rape? How do ‘counter-memories’ of victims compete with the denialism of wartime rape? The text specifically analyses the historical silencing of rape throughout international legal history and the potential of law to restore these silenced histories, it also examines the violence of law and the obstacles to individual and collective redemption. Tracing the prosecution of rape crimes within contemporary courts, Henry seeks to argue that politics underscores the way rape is dealt with by the international community in the aftermath of armed conflict. Providing a comprehensive overview of the politics of wartime rape and the politics of prosecuting such crimes within international humanitarian law, this text will be of great interest to scholars of gender and security, war crimes and law and society.

Research Handbook on the Theory and History of International Law

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116712
Total Pages : 512 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on the Theory and History of International Law by : Alexander Orakhelashvili

Download or read book Research Handbook on the Theory and History of International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.

The Law and Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : OUP Oxford
ISBN 13 : 0191015296
Total Pages : 1620 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Law and Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Law and Practice of the International Criminal Court written by Carsten Stahn and published by OUP Oxford. This book was released on 2015-05-28 with total page 1620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

The International Criminal Court

Author : Andrew Novak
Publisher : Springer
ISBN 13 : 3319158325
Total Pages : 128 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The International Criminal Court by : Andrew Novak

Download or read book The International Criminal Court written by Andrew Novak and published by Springer. This book was released on 2015-03-11 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.

Transitional Justice

Author : Christine Bell
Publisher : Routledge
ISBN 13 : 1317007263
Total Pages : 282 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Transitional Justice by : Christine Bell

Download or read book Transitional Justice written by Christine Bell and published by Routledge. This book was released on 2016-02-17 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.

The Presumption of Innocence in International Human Rights and Criminal Law

Author : Michelle Coleman
Publisher : Routledge
ISBN 13 : 1000352331
Total Pages : 148 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Presumption of Innocence in International Human Rights and Criminal Law by : Michelle Coleman

Download or read book The Presumption of Innocence in International Human Rights and Criminal Law written by Michelle Coleman and published by Routledge. This book was released on 2021-03-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Accountability for Violations of International Humanitarian Law

Author : Jadranka Petrovic
Publisher : Routledge
ISBN 13 : 1317669789
Total Pages : 396 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Accountability for Violations of International Humanitarian Law by : Jadranka Petrovic

Download or read book Accountability for Violations of International Humanitarian Law written by Jadranka Petrovic and published by Routledge. This book was released on 2015-06-26 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.

Perpetrators of International Crimes

Author : Alette Smeulers
Publisher : Oxford University Press
ISBN 13 : 0192565508
Total Pages : 424 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Perpetrators of International Crimes by : Alette Smeulers

Download or read book Perpetrators of International Crimes written by Alette Smeulers and published by Oxford University Press. This book was released on 2019-02-07 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.

Female Administrators of the Third Reich

Author : Rachel Century
Publisher : Springer
ISBN 13 : 1137548932
Total Pages : 277 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Female Administrators of the Third Reich by : Rachel Century

Download or read book Female Administrators of the Third Reich written by Rachel Century and published by Springer. This book was released on 2017-08-10 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares female administrators who specifically chose to serve the Nazi cause in voluntary roles with those who took on such work as a progression of established careers. Under the Nazi regime, secretaries, SS-Helferinnen (female auxiliaries for the SS) and Nachrichtenhelferinnen des Heeres (female auxiliaries for the army) held similar jobs: taking dictation, answering telephones, sending telegrams. Yet their backgrounds and degree of commitment to Nazi ideology differed markedly. The author explores their motivations and what they knew about the true nature of their work. These women had access to information about the administration of the Holocaust and are a relatively untapped resource. Their recollections shed light on the lives, love lives, and work of their superiors, and the tasks that contributed to the displacement, deportation and death of millions. The question of how gender intersected with Nazism, repression, atrocity and genocide forms the conceptual thread of this book.

Negative Emotions and Transitional Justice

Author : Mihaela Mihai
Publisher : Columbia University Press
ISBN 13 : 023154118X
Total Pages : 322 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Negative Emotions and Transitional Justice by : Mihaela Mihai

Download or read book Negative Emotions and Transitional Justice written by Mihaela Mihai and published by Columbia University Press. This book was released on 2016-03-22 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vehement resentment and indignation are pervasive in societies emerging from dictatorship or civil conflict. How can institutions channel these emotions without undermining the prospects for democracy? Emphasizing the need to recognize and constructively engage negative public emotions, Mihaela Mihai contributes theoretically and practically to the growing field of transitional justice. Drawing on an extensive philosophical literature and case studies of democratic transitions in South Africa, South America, and Eastern Europe, her book rescues negative emotions from their bad reputation and highlights the obstacles and the opportunities such emotions create for democracy. By valorizing negative emotions, either through the judicial review of transitional justice bills or the criminal trials of victimizers, institutions realize the value of respect and concern for all while contributing to a culture that is hospitable to democracy.