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La Justice Face A La Guerre
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Book Synopsis Justice in a Time of War by : Pierre Hazan
Download or read book Justice in a Time of War written by Pierre Hazan and published by Texas A&M University Press. This book was released on 2004-09-03 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.
Download or read book Victors' Justice written by Danilo Zolo and published by Verso Books. This book was released on 2020-01-28 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victors’ Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo’s key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.
Book Synopsis International Law and Organization by : Michael W. Doyle
Download or read book International Law and Organization written by Michael W. Doyle and published by Rowman & Littlefield. This book was released on 2004 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The closing decade of the last century witnessed a great number of international agreements, but very little work was done on establishing institutions to monitor or implement them. Thus compliance has become a major issue. This volume offers a debate on aspects of the problem.
Book Synopsis Liberalism and War by : Andrew Williams
Download or read book Liberalism and War written by Andrew Williams and published by Routledge. This book was released on 2013-04-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military power is now the main vehicle for regime change. The US army has been used on more than 30 different occasions in the post-Cold War world compared with just 10 during the whole of the Cold War era. Leading scholar Andrew Williams tackles contemporary thinking on war with a detailed study on liberal thinking over the last century about how wars should be ended, using a vast range of historical archival material from diplomatic, other official and personal papers, which this study situates within the debates that have emerged in political theory. He examines the main strategies used at the end, and in the aftermath, of wars by liberal states to consolidate their liberal gains and to prevent the re-occurrence of wars with those states they have fought. This new study also explores how various strategies: revenge; restitution; reparation; restraint; retribution; reconciliation; and reconstruction, have been used by liberal states not only to defeat their enemies but also transform them. This is a major new contribution to contemporary thinking and action. This book will be of great interest to all students and scholars of politics, international relations and security studies.
Download or read book Philosophy of Law written by Larry May and published by John Wiley & Sons. This book was released on 2009-05-18 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
Book Synopsis War and Change in the Balkans by : Brad K. Blitz
Download or read book War and Change in the Balkans written by Brad K. Blitz and published by Cambridge University Press. This book was released on 2006-10-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contemporary history of the Balkans from the break-up of Yugoslavia to the present day, first published in 2006.
Book Synopsis Human Rights in the Shadow of Colonial Violence by : Fabian Klose
Download or read book Human Rights in the Shadow of Colonial Violence written by Fabian Klose and published by University of Pennsylvania Press. This book was released on 2013-04-22 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights in the Shadow of Colonial Violence explores the relationship between the human rights movement emerging after 1945 and the increasing violence of decolonization. Based on material previously inaccessible in the archives of the International Committee of the Red Cross and the United Nations Human Rights Commission, this comparative study uses the Mau Mau War (1952-1956) and the Algerian War (1954-1962) to examine the policies of two major imperial powers, Britain and France. Historian Fabian Klose considers the significance of declared states of emergency, counterinsurgency strategy, and the significance of humanitarian international law in both conflicts. Klose's findings from these previously confidential archives reveal the escalating violence and oppressive tactics used by the British and French military during these anticolonial conflicts in North and East Africa, where Western powers that promoted human rights in other areas of the world were opposed to the growing global acceptance of freedom, equality, self-determination, and other postwar ideals. Practices such as collective punishment, torture, and extrajudicial killings did lasting damage to international human rights efforts until the end of decolonization. Clearly argued and meticulously researched, Human Rights in the Shadow of Colonial Violence demonstrates the mutually impacting histories of international human rights and decolonization, expanding our understanding of political violence in human rights discourse.
Book Synopsis Purify and Destroy by : Jacques Semelin
Download or read book Purify and Destroy written by Jacques Semelin and published by Columbia University Press. This book was released on 2007-08-17 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we comprehend the sociopolitical processes that give rise to extreme violence, ethnic cleansing, or genocide? A major breakthrough in comparative analysis, Purify and Destroy demonstrates that it is indeed possible to compare the Holocaust, the Rwandan genocide, and ethnic cleansing in Bosnia-Herzegovina while respecting the specificities of each appalling phenomenon. Jacques Semelin achieves this, in part, by leading his readers through the three examples simultaneously, the unraveling of which sometimes converges but most often diverges. Semelin's method is multidisciplinary, relying not only on contemporary history but also on social psychology and political science. Based on the seminal distinction between massacre and genocide, Purify and Destroy identifies the main steps of a general process of destruction, both rational and irrational, born of what Semelin terms "delusional rationality." He describes a dynamic structural model with, at its core, the matrix of a social imaginaire that, responding to fears, resentments, and utopias, carves and recarves the social body by eliminating "the enemy." Semelin identifies the main stages that can lead to a genocidal process and explains how ordinary people can become perpetrators. He develops an intellectual framework to analyze the entire spectrum of mass violence, including terrorism, in the twentieth century and before. Strongly critical of today's political instrumentalization of the "genocide" notion, Semelin urges genocide research to stand back from legal and normative definitions and come of age as a discipline in its own right in the social sciences.
Book Synopsis Criminal law between war and peace by : Stefano Manacorda
Download or read book Criminal law between war and peace written by Stefano Manacorda and published by Ministerio de Justicia. This book was released on 2009 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: If subjecting war to law is one of the most important legal achievements of the 20th century, progressing further in that direction is one of the most important challenges for the 21st century. The problems it poses are many: the term “war” has formally fallen into disuse and we talk about “peacekeeping”; armies are today the product of cooperation between states and international organizations; private contractors increasingly participate in warlike activities, as the case of the Iraq war demonstrates; and the lines between war and very serious forms of crime (terrorism, organized crime) are increasingly blurred. This volume compiles the contributions presented at XVth International Congress on Social Defence, and tackle the criminal-legal issues raised by these new scenarios. It constitutes an innovative volume, gathering together the work of both academic and military authors, who have drawn on their theoretical and practical experience.
Book Synopsis The King's Council in England During the Middle Ages by : James Fosdick Baldwin
Download or read book The King's Council in England During the Middle Ages written by James Fosdick Baldwin and published by . This book was released on 1913 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International by : Marcelo Gustavo Kohen
Download or read book La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International written by Marcelo Gustavo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Book Synopsis Spink & Son's Monthly Numismatic Circular by :
Download or read book Spink & Son's Monthly Numismatic Circular written by and published by . This book was released on 1893 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Triggering Procedure of the International Criminal Court by : Héctor Olásolo
Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by BRILL. This book was released on 2005-10-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Book Synopsis Confronting the Yugoslav Controversies by : Charles Ingrao
Download or read book Confronting the Yugoslav Controversies written by Charles Ingrao and published by Purdue University Press. This book was released on 2012-12-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been two decades since Yugoslavia fell apart. The brutal conflicts that followed its dissolution are over, but the legacy of the tragedy continues to unsettle the region. Reconciliation is a long and difficult process that necessitates a willingness to work together openly and objectively in confronting the past. Over the past ten years the Scholars' Initiative has assembled an international consortium of historians, social scientists, and jurists to examine the salient controversies that still divide the peoples of former Yugoslavia. The findings of its eleven research teams represent a direct assault on the proprietary narratives and interpretations that nationalist politicians and media have impressed on mass culture in each of the successor states. Given gaps in the historical record and the existence of sometimes contradictory evidence, this volume does not pretend to resolve all of the outstanding issues. Nevertheless, this second edition incorporates new evidence and major developments that have taken place in the region since the first edition went to press. At the heart of this project has always been the insistence of the authors that they would continue to reconsider their analyses and conclusions based on credible new evidence. Thus, in this second edition, the work of the Scholars' Initiative continues. The broadly conceived synthesis will assist scholars, public officials, and the people they represent both in acknowledging inconvenient facts and in discrediting widely held myths that inform popular attitudes and the electoral success of nationalist politicians who profit from them. Rather than rely on special pleading and appeals to patriotism that have no place in scholarship, the volume vests its credibility in the scientific credentials of its investigators, the transparent impartiality of its methodology, and an absolute commitment to soliciting and examining evidence presented by all sides.
Book Synopsis Model(ing) Justice by : Kerstin Bree Carlson
Download or read book Model(ing) Justice written by Kerstin Bree Carlson and published by Cambridge University Press. This book was released on 2018-11-29 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s and designed to advance liberalism through international criminal law. Model(ing) Justice examines the practice and case law of the ICTY to make a novel theoretical analysis of the structural flaws inherent in ICTs as institutions that inhibit their contribution to social peace and prosperity. Kerstin Bree Carlson proposes a seminal analysis of the structural challenges to ICTs as socially constitutive institutions, setting the agenda for future considerations of how international organizations can perform and disseminate the goals articulated by political liberalism.
Book Synopsis International and Foreign Legal Research by : Marci Hoffman
Download or read book International and Foreign Legal Research written by Marci Hoffman and published by Martinus Nijhoff Publishers. This book was released on 2012-10-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected]>[email protected] or [email protected]. International and Foreign Legal Research: A Coursebook, by Marci Hoffman and Mary Rumsey, now in a second, revised edition, is designed for classes in foreign and international legal research. Following a general section on basic concepts, topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU. International and Foreign Legal Research offers a possible roadmap for structuring a class in international and foreign legal research while also serving as a tool for quick look-ups when a researcher requires direction on a topic or information on a source. Developed for use in legal research courses, International and Foreign Legal Research is an invaluable resource for librarians, students, law professors, and other researchers in the research of foreign and international law.
