Rough Justice

The International Criminal Court's Battle to Fix the World, One Prosecution at a Time

Author: David Bosco

Publisher: Oxford University Press

ISBN: 0199844135

Category: History

Page: 297

View: 5053

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.

The Legitimacy of International Criminal Tribunals

Author: Nobuo Hayashi,Cecilia M. Bailliet

Publisher: Cambridge University Press

ISBN: 1316943151

Category: Law

Page: N.A

View: 8444

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

Universal Jurisdiction

National Courts and the Prosecution of Serious Crimes Under International Law

Author: Stephen Macedo

Publisher: University of Pennsylvania Press

ISBN: 9780812219500

Category: Law

Page: 383

View: 9285

Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.

Unimaginable Atrocities

Justice, Politics, and Rights at the War Crimes Tribunals

Author: William Schabas

Publisher: OUP Oxford

ISBN: 0191612227

Category: Law

Page: 240

View: 8763

As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victor's justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victor's justice. This book traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, with a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade.

Some Kind of Justice

The ICTY's Impact in Bosnia and Serbia

Author: Diane Orentlicher

Publisher: Oxford University Press

ISBN: 0190882298

Category: Political Science

Page: 352

View: 1380

Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how an international war crimes tribunal affects local communities, and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Scheduled to close at the end of 2017, the ICTY is the longest-running war crimes tribunal in history, and thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence.

Stay the Hand of Vengeance

The Politics of War Crimes Tribunals

Author: Gary Jonathan Bass

Publisher: Princeton University Press

ISBN: 1400851718

Category: Political Science

Page: 440

View: 7594

International justice has become a crucial part of the ongoing political debates about the future of shattered societies like Bosnia, Kosovo, Rwanda, Cambodia, and Chile. Why do our governments sometimes display such striking idealism in the face of war crimes and atrocities abroad, and at other times cynically abandon the pursuit of international justice altogether? Why today does justice seem so slow to come for war crimes victims in the Balkans? In this book, Gary Bass offers an unprecedented look at the politics behind international war crimes tribunals, combining analysis with investigative reporting and a broad historical perspective. The Nuremberg trials powerfully demonstrated how effective war crimes tribunals can be. But there have been many other important tribunals that have not been as successful, and which have been largely left out of today's debates about international justice. This timely book brings them in, using primary documents to examine the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II, and the recent wars in the former Yugoslavia. Bass explains that bringing war criminals to justice can be a military ordeal, a source of endless legal frustration, as well as a diplomatic nightmare. The book takes readers behind the scenes to see vividly how leaders like David Lloyd George, Winston Churchill, Franklin Roosevelt, and Bill Clinton have wrestled with these agonizing moral dilemmas. The book asks how law and international politics interact, and how power can be made to serve the cause of justice. Bass brings new archival research to bear on such events as the prosecution of the Armenian genocide, presenting surprising episodes that add to the historical record. His sections on the former Yugoslavia tell--with important new discoveries--the secret story of the politicking behind the prosecution of war crimes in Bosnia, drawing on interviews with senior White House officials, key diplomats, and chief prosecutors at the war crimes tribunal for the former Yugoslavia. Bass concludes that despite the obstacles, legalistic justice for war criminals is nonetheless worth pursuing. His arguments will interest anyone concerned about human rights and the pursuit of idealism in international politics.

Rules for the World

International Organizations in Global Politics

Author: Michael Barnett,Martha Finnemore

Publisher: Cornell University Press

ISBN: 9780801488238

Category: Law

Page: 226

View: 2882

Provides an innovative perspective on the behavior of international organizations and their effects on global politics.

Amnesty in the Age of Human Rights Accountability

Comparative and International Perspectives

Author: Francesca Lessa,Leigh A. Payne

Publisher: Cambridge University Press

ISBN: 110738009X

Category: Political Science

Page: N.A

View: 3691

This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.

Global Good Samaritans

Human Rights as Foreign Policy

Author: Alison Brysk

Publisher: Oxford University Press

ISBN: 9780199700684

Category: Political Science

Page: 304

View: 5464

In a troubled world where millions die at the hands of their own governments and societies, some states risk their citizens' lives, considerable portions of their national budgets, and repercussions from opposing states to protect helpless foreigners. Dozens of Canadian peacekeepers have died in Afghanistan defending humanitarian reconstruction in a shattered faraway land with no ties to their own. Each year, Sweden contributes over $3 billion to aid the world's poorest citizens and struggling democracies, asking nothing in return. And, a generation ago, Costa Rica defied U.S. power to broker a peace accord that ended civil wars in three neighboring countries--and has now joined with principled peers like South Africa to support the United Nations' International Criminal Court, despite U.S. pressure and aid cuts. Hundreds of thousands of refugees are alive today because they have been sheltered by one of these nations. Global Good Samaritans looks at the reasons why and how some states promote human rights internationally, arguing that humanitarian internationalism is more than episodic altruism--it is a pattern of persistent principled politics. Human rights as a principled foreign policy defies the realist prediction of untrammeled pursuit of national interest, and suggests the utility of constructivist approaches that investigate the role of ideas, identities, and influences on state action. Brysk shows how a diverse set of democratic middle powers, inspired by visionary leaders and strong civil societies, came to see the linkage between their long-term interest and the common good. She concludes that state promotion of global human rights may be an option for many more members of the international community and that the international human rights regime can be strengthened at the interstate level, alongside social movement campaigns and the struggle for the democratization of global governance.

Justice in Conflict

The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace

Author: Mark Kersten

Publisher: Oxford University Press

ISBN: 0191082945

Category: Law

Page: 280

View: 9664

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

The New Terrain of International Law

Courts, Politics, Rights

Author: Karen J. Alter

Publisher: Princeton University Press

ISBN: 1400848687

Category: Political Science

Page: 480

View: 3061

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Five to Rule Them All

The UN Security Council and the Making of the Modern World

Author: David L. Bosco

Publisher: Oxford University Press, USA

ISBN: 0195328760

Category: Law

Page: 310

View: 7220

From the Berlin Airlift to the Iraq War, the UN Security Council has stood at the heart of global politics. Part public theater, part smoke-filled backroom, the Council has enjoyed notable successes and suffered ignominious failures, but it has always provided a space for the five great powers to sit down together. Five to Rule Them All tells the inside story of this remarkable diplomatic creation. Drawing on extensive research, including dozens of interviews with serving and former ambassadors on the Council, the book chronicles political battles and personality clashes as it opens the closed doors of its meeting room. What emerges here is a revealing portrait of the most powerful diplomatic body in the world. When the five permanent members are united, David Bosco points out, the Council can wage war, impose blockades, redraw borders, unseat governments, and levy sanctions. There are almost no limits to its authority. Yet the Council exists in a world of realpolitik. Its members are, above all, powerful states with their own diverging interests. Time and again, the Council's performance has dashed the hope that its members would somehow work together to establish a more peaceful world. But if these lofty hopes have been unfulfilled, the Council has still served an invaluable purpose: to prevent conflict between the Great Powers. In this role, the Council has been an unheralded success. As Bosco reminds us, massacres in the Balkans and chaos in Iraq are human tragedies, but conflicts between the world's great powers in the nuclear age would be catastrophic. In this lively, fast-moving, and often humorous narrative, Bosco illuminates the role of the Security Council in the postwar world, making a compelling case for the enduring importance of the five who rule them all.

"If You Leave Us Here, We Will Die"

How Genocide Was Stopped in East Timor

Author: Geoffrey Robinson

Publisher: Princeton University Press

ISBN: 0691150176

Category: History

Page: 344

View: 5466

Colonial legacies -- Invasion and genocide -- Occupation and resistance -- Mobilizing the militias -- Bearing witness, tempting fate -- The vote -- A campaign of violence -- Intervention -- Justice and reconciliation.

All Rise

The High Ambitions of the International Criminal Court and the Harsh Reality

Author: Tjitske Lingsma

Publisher: N.A

ISBN: 9789077386200

Category:

Page: N.A

View: 829

On a grey, cold day in January 2011 Tjitske Lingsma visits the International Criminal Court (ICC) in The Hague, The Netherlands. She hears the poignant testimony of a lady who tells the judges how she was savagely gang raped, experienced the looting of her house and neighbourhood and heard how her brother was killed. After this first visit Lingsma decides to follow the ICC, inspired by the court's noble task to bring justice for victims, to fight impunity and to go after perpetrators of genocide, crimes against humanity and war crimes. In a vivid and gripping style, and with unique insights, Lingsma tells the story of this prestigious court, that started in 2002 and now has 124 member states. In thematic chapters she portrays its history, functioning, the work of the prosecutor, life in detention, and the precarious situation of witnesses and victims. Lingsma describes in separate chapters the dramatic cases against suspects of international crimes in Kenya, Democratic Republic of Congo, Central African Republic, Ivory Coast and Libya. But reality proves to be harsh. Despite all hopes, the ICC hasn't fulfilled its ambition. So far it has convicted four persons for international crimes, while cases against no fewer than nine suspects failed. The court, which has cost 1.5 billion euros by now, is damaged by government obstruction, intimidation of witnesses, its own failures and member states threatening to withdraw. All Rise is the sobering account of a court that could not live up to its expectations. But with its important task to bring justice, it is too valuable to fail. The Dutch edition of All Rise, which was published in December 2014, was shortlisted for the Brusse Prize - for best journalistic book in The Netherlands

The Image before the Weapon

a critical history of the distinction between combatant and civilian

Author: Helen M. Kinsella

Publisher: Cornell University Press

ISBN: 9780801461262

Category: Political Science

Page: 272

View: 9613

Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses-including gender, innocence, and civilization- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.

The Unfinished Revolution

Voices from the Global Fight for Women's Rights

Author: Minky Worden

Publisher: Seven Stories Press

ISBN: 1609803884

Category: Social Science

Page: 257

View: 3070

“It’s a time of change in the world, with dictators toppling and new opportunities rising, but any revolution that doesn’t create equality for women will be incomplete. The time has come to realize the full potential of half the world’s population.” —Christiane Amanpour, from the foreword The Unfinished Revolution tells the story of the global struggle to secure basic rights for women and girls, including in the Middle East where the Arab Spring raised high hopes, but the political revolutions are so far insufficient to guarantee progress. Around the world, women and girls are trafficked into forced labor and sex slavery, trapped in conflict zones where rape is a weapon of war, prevented from attending school, and kept from making deeply personal choices in their private lives, such as whom and when to marry. In many countries, women are second-class citizens by law. In others, religion and traditions block freedoms such as the right to work, study or access health care. Even in the United States, women who are victims of sexual violence often do not see their attackers brought to justice. More than 30 writers—Nobel Prize laureates, leading activists, top policymakers, and former victims—have contributed to this anthology. Drawing from their rich personal experiences, they tackle some of the toughest questions and offer bold new approaches to problems affecting hundreds of millions of women. This volume is indispensable reading, providing thoughtful analysis from a never-before assembled group of advocates. It shows that the fight for women’s equality is far from over. As Leymah Gbowee, 2011 Nobel Peace Prize Laureate says, “Women are not free anywhere in this world until all women in the world are free.”

Law Without Nations?

Why Constitutional Government Requires Sovereign States

Author: Jeremy A. Rabkin

Publisher: Princeton University Press

ISBN: 9780691095301

Category: Law

Page: 350

View: 2211

What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.

Demystifying the European Union

The Enduring Logic of Regional Integration

Author: Roy H. Ginsberg

Publisher: Rowman & Littlefield

ISBN: 0742566927

Category: Political Science

Page: 398

View: 9964

Written by one of the premier scholars on the European Union and hailed as the best undergraduate text on the subject, this book has been thoroughly updated, revised, and streamlined. Clear and comprehensive, it is dedicated to demystifying one of the world's most important and least-understood institutions. Ginsberg begins with the foundation blocks of history, law, economics, and politics to provide the context for understanding integration. He then breaks the EU down into its individual elements so that they easily can be understood on their own, as well as in relation to one another and to the whole. Ensuring that students' knowledge of the EU rests on a solid foundation, the author challenges them to see it as a remarkable experiment in regional cooperation with profound implications for the peaceful resolution of conflict in many of the world's troubled regions.

Five years of my life

an innocent man in Guantanamo

Author: Murat Kurnaz

Publisher: Palgrave MacMillan

ISBN: N.A

Category: Biography & Autobiography

Page: 255

View: 8773

A former prisoner at Guantanamo describes how, in October 2001, he was arrested by police during a visit to Pakistan, sold to U.S. forces, and imprisoned in Afghanistan and in Guantanamo, where he endured more than 1,600 days of torture, interrogation, and solitary confinement before being released with acknowledgement of his innocence. 30,000 first printing.

Norms Without the Great Powers

International Law and Changing Social Standards in World Politics

Author: Adam Bower

Publisher: Oxford University Press

ISBN: 0192507176

Category: Political Science

Page: 288

View: 6090

Can multilateral treaties succeed in transforming conduct when they are rejected by the most powerful states in the international system? In the past two decades, coalitions of middle-power states and transnational civil society groups have negotiated binding legal agreements in the face of concerted opposition from China, Russia, andmost especiallythe United States. These instances of a so-called 'new diplomacy' reflect a deliberate attempt to use the language of international law to bypass great power objections in establishing new global standards. Yet critics have frequently derided such treaties as utopian and counter productive because they fail to include those states allegedly most capable of effectively managing complex international cooperation. Thus far no study has offered a systematic, comparative study of the promise, and limits, of multilateralism without the great powers. Norms Without the Great Powers addresses this gap through the presentation of a novel theoretical account and detailed empirical evidence regarding the implementation of two archetypal cases, the antipersonnel Mine Ban Treaty and International Criminal Court. Both treaties have substantially reshaped expectations and behaviour in their respective domains, but with important variation in the extent and breadth of their impact. These findings provide the impetus for assessing the prospects for similar strategies on other topics of contemporary global concern. This book offers a timely addition to the dynamic and growing literature on the practice and consequences of international governance and should appeal to academics, civil society experts, and foreign policy practitioners working in fields such as security, human rights, and the environment.