Balkan justice

the story behind the first international war crimes trial since Nuremberg

Author: Michael P. Scharf

Publisher: Carolina Academic Pr


Category: History

Page: 340

View: 4863

Billed by the international media as "the trial of the century," the Tadic case was punctuated by gripping testimony of atrocities, controversial judicial rulings, recanting star witnesses, and performances worthy of an Academy Award. What emerges is a compelling account of the historic trial which documented the full horror of the inhuman acts committed in the former Yugoslavia.

Justice in a Time of War

The True Story Behind the International Criminal Tribunal for the Former Yugoslavia

Author: Pierre Hazan

Publisher: Texas A&M University Press

ISBN: 9781585443772

Category: History

Page: 248

View: 4077

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 trial of Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. With insider interviews filling out every scene, Hazan tells a chaotic story of war that raged while the Western powers cobbled together a tribunal in order to avoid actual intervention. The international lawyers and judges for this rump world court started with nothing-but they ultimately established the tribunal as an unavoidable actor in the Balkans. The West had created the Tribunal in 1993, hoping to threaten international criminals with indictment and thereby force an untenable peace. 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. Hazan's account of the Tribunal's formation and evolution questions the contradictory policies of the Western powers and illuminates a cautionary tale for the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.

Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited

Author: Yuki Tanaka,Timothy L.H. McCormack,Gerry Simpson

Publisher: BRILL

ISBN: 9004215913

Category: Political Science

Page: 436

View: 4343

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.

International Justice in Rwanda and the Balkans

Virtual Trials and the Struggle for State Cooperation

Author: Victor Peskin

Publisher: Cambridge University Press

ISBN: 1139468170

Category: Political Science

Page: N.A

View: 2333

Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.

Pluralism in International Criminal Law

Author: Elies van Sliedregt,Sergey Vasiliev

Publisher: OUP Oxford

ISBN: 019100829X

Category: Law

Page: 410

View: 8932

Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.

Die humanitäre Herausforderung

der International Criminal Court und die USA

Author: Mandana Biegi

Publisher: Nomos Verlagsgesellschaft


Category: International crimes

Page: 264

View: 1072

Das Verhaltnis von Recht und Politik in den internationalen Beziehungen wird durch die Existenz des neuen Internationalen Strafgerichtshofs grundlegend verandert. Das bedeutet fur die Staaten einen Souveranitatsverzicht, zu dem die USA aber nicht bereit sind. In dieser ersten geschlossenen Darstellung der inneramerikanischen Auseinandersetzungen um den ICC, gelingt es der Autorin, die Grunde fur den amerikanischen Widerstand zu identifizieren. Fur den ICC bedeutet das amerikanische Fernbleiben eine erhebliche Schwachung, die seinen Beitrag fur eine weltfriedensordnung empfindlich mindern kann.

Der lange Weg nach Dayton.

Die westliche Politik und der Krieg im ehemaligen Jugoslawien 1991 bis 1995.

Author: Daniel Eisermann

Publisher: N.A

ISBN: 9783789067563

Category: Yugoslav War, 1991-1995

Page: 443

View: 8126

Crimes of the Holocaust

The Law Confronts Hard Cases

Author: N.A

Publisher: N.A


Category: Holocaust, Jewish (1939-1945)

Page: 304

View: 5723

History of Criminal Justice

Author: Herbert Alan Johnson,Nancy Travis Wolfe

Publisher: Anderson Publishing Company


Category: Social Science

Page: 367

View: 4485

The United States and the International Criminal Court

National Security and International Law

Author: Sarah B. Sewall,Carl Kaysen

Publisher: Rowman & Littlefield Publishers

ISBN: 1461645964

Category: Law

Page: 288

View: 4000

American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.

Genocide Or Ethnocide, 1933-2007

How to Make, Unmake, and Remake Law with Words

Author: Bartolomé Clavero

Publisher: Giuffrè Editore

ISBN: 8814142777

Category: Law

Page: 268

View: 4348

Annotated Leading Cases of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia, 2000-2001

Author: André Klip,Göran Sluiter

Publisher: N.A


Category: Arbitration (International law)

Page: 825

View: 6398

This 5th volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for the former Yugoslavia in 2000-2001. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 5)

Customary International Law in Times of Fundamental Change

Recognizing Grotian Moments

Author: Michael P. Scharf

Publisher: Cambridge University Press

ISBN: 1107035236

Category: Law

Page: 237

View: 2204

The first book to explore the concept of 'Grotian Moments', named for Hugo Grotius, who helped marshal in the modern system of international law.

The Founders

Four Pioneering Individuals Who Launched the First Modern-Era International Criminal Tribunals

Author: David M. Crane,Leila Sadat,Michael P. Scharf

Publisher: Cambridge University Press

ISBN: 1108424163

Category: Law

Page: N.A

View: 9733

Focuses on the four individuals who created the world's first international tribunals and how they sought justice for millions of victims.