Prosecuting War Crimes

Lessons and legacies of the International Criminal Tribunal for the former Yugoslavia

Author: James Gow,Rachel Kerr,Zoran Pajic

Publisher: Routledge

ISBN: 1134610777

Category: Law

Page: 264

View: 7349

This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.

Prosecuting War Crimes and Genocide

The Twentieth-century Experience

Author: Howard Ball

Publisher: N.A


Category: History

Page: 288

View: 1172

"The book also analyzes the reluctance of the United States to sanction the ICC, tracing longstanding U.S. reluctance to grant criminal justice jurisdiction to an international prosecutor."--BOOK JACKET.

Atrocities on Trial

Historical Perspectives on the Politics of Prosecuting War Crimes

Author: Patricia Heberer,J_rgen MatthÜus

Publisher: U of Nebraska Press

ISBN: 0803210841

Category: History

Page: 327

View: 1607

These essays are organised into four sections, dealing with the history of war crime trials from Weimar Germany to just after World War II, the sometimes diverging Allied attempts to come to terms with the Nazi concentration camp system, the ability of postwar societies to confront war crimes of the past and the legacy of war crime trials.

Human Rights after Hitler

The Lost History of Prosecuting Axis War Crimes

Author: Dan Plesch

Publisher: Georgetown University Press

ISBN: 1626164339

Category: Political Science

Page: 272

View: 6561

Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II. From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC’s files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including “water treatment,” wartime sexual assault, and crimes by foot soldiers who were “just following orders.” Plesch’s book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.

Prosecuting War Crimes in the Former Yugoslavia

The International Tribunal, National Courts and Concurrent Jurisdiction : a Guide to Applicable International Law, National Legislation and Its Relation to International Human Rights Standards : a Report of the Lawyers Committee for Human Rights

Author: N.A

Publisher: N.A


Category: International criminal courts

Page: 80

View: 8825


War Crimes Against Women

Prosecution in International War Crimes Tribunals

Author: Kelly Dawn Askin

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041104861

Category: Law

Page: 455

View: 9413

Of the ICTY.

Justice in the Balkans

Prosecuting War Crimes in the Hague Tribunal

Author: John Hagan

Publisher: University of Chicago Press

ISBN: 9780226312309

Category: Law

Page: 304

View: 8464

Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council resolution to an institution with more than 1,000 employees and a $100 million annual budget. With Slobodan Milosevic now on trial and more than forty fellow indictees currently detained, the success of the Hague tribunal has forced many to reconsider the prospects of international justice. John Hagan's Justice in the Balkans is a powerful firsthand look at the inner workings of the tribunal as it has moved from an experimental organization initially viewed as irrelevant to the first truly effective international court since Nuremberg. Creating an institution that transcends national borders is a challenge fraught with political and organizational difficulties, yet, as Hagan describes here, the Hague tribunal has increasingly met these difficulties head-on and overcome them. The chief reason for its success, he argues, is the people who have shaped it, particularly its charismatic chief prosecutor, Louise Arbour. With drama and immediacy, Justice in the Balkans re-creates how Arbour worked with others to turn the tribunal's fortunes around, reversing its initial failure to arrest and convict significant figures and advancing the tribunal's agenda to the point at which Arbour and her colleagues, including her successor, Carla Del Ponte (nicknamed the Bulldog), were able to indict Milosevic himself. Leading readers through the investigations and criminal proceedings of the tribunal, Hagan offers the most original account of the foundation and maturity of the institution. Justice in the Balkans brilliantly shows how an international social movement for human rights in the Balkans was transformed into a pathbreaking legal institution and a new transnational legal field. The Hague tribunal becomes, in Hagan's work, a stellar example of how individuals working with collective purpose can make a profound difference. "The Hague tribunal reaches into only one house of horrors among many; but, within the wisely precise remit given to it, it has beamed the light of justice into the darkness of man's inhumanity, to woman as well as to man."—The Times (London)

Prosecuting Nazi War Criminals

Author: Alan S. Rosenbaum

Publisher: Basic Books (AZ)

ISBN: 9780813332871

Category: Holocaust, Jewish (1939-1945)

Page: 160

View: 4450

"Rosenbaum forcefully reminds us of how vast were Nazi crimes against Jews & how legally & morally successful were the Nuremberg trials & the subsequent prosecutions of those like Adolf Eichmann & Klaus Barbie." Choice "Thoughtful & convincing.... Rosen-baum's message is clear & insightful, his book an essential addition to Holocaust studies." ALA Booklist

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: 5519

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.

Quiet Neighbors

Prosecuting Nazi War Criminals in America

Author: Allan A. Ryan

Publisher: Harcourt


Category: Law

Page: 386

View: 6327

Tells how Nazi war criminals emigrated to America under assumed identities and now live quiet, prosperous lives among us.

Japanese War Crimes

The Search for Justice

Author: Peter Li

Publisher: Transaction Publishers

ISBN: 9781412826839

Category: History

Page: 339

View: 3917

One of the most troublesome unresolved problems facing many Asian and Western countries after the Asia Pacifi c war (1931-1945) is the question of the atrocities committed by the Japanese Imperial Army throughout Asia and the Japanese governments repeated attempts to whitewash its wartime responsibilities. The psychological and physical wounds suffered by victims, their families, and relations remain unhealed after more than half a century, and the issue is now pressing. This collection, edited by Peter Li, undertakes the critical task of addressing some of the multifaceted and complex issues of Japanese war crimes, redress, and denial...".

Joseph Roth: A Life in Letters

Author: Joseph Roth,Michael Hofmann

Publisher: W. W. Norton & Company

ISBN: 0393060640

Category: Biography & Autobiography

Page: 551

View: 2344

The tumultuous life of the Austrian writer best known for "The Radetzky March" is described through letters that recall his father's and wife's mental illnesses, numerous mistresses, and travel to Paris.

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: 6482

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.

Prosecuting Slobodan Miloševi?

The Unfinished Trial

Author: Nevenka Tromp

Publisher: Routledge

ISBN: 1317335260

Category: History

Page: 289

View: 7463

This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Miloševi? at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Miloševi? in March 2006 his trial was left unfinished. Although the traditional objectives of criminal law, such as retribution, justice for victims, and deterrence, were not achieved, the Miloševi? trial archive is a significant historical resource for researchers from various fields. This book extracts details from the collection of documentary and transcript evidence that makes up the trial record – sources which would be almost impossible to extricate without an insider’s guiding hand – to allow readers to trace the threads of several historical narratives. The value of this methodology is particularly evident in the Miloševi? case as, acting as his own defence counsel, he responded to, and interacted with, almost all witnesses and evidence presented against him. By providing snapshots of the behaviour displayed by Miloševi? in court while conducting his defence, in combination with passages of carefully selected evidence from an immense archive familiar to few scholars, this volume reveals how these trial records, and trail records in general, are a truly invaluable historical source. The book underlines the premise that any record of a mass atrocities trial, whether finished or unfinished, establishes a record of past events, contributes to interpretations of a historical period and influences the shaping of collective memory. This book will be of much interest to students of the Former Yugoslavia, war crimes, international law, human rights, international relations and European politics.

War Crimes and Justice

A Reference Handbook

Author: Howard Ball

Publisher: ABC-CLIO

ISBN: 157607899X

Category: History

Page: 259

View: 6097

Provides a chronology of treaties and events; biographies of activists; texts of statutes establishing international tribunals and the International Criminal Court; and essays covering historical and current issues.

Prosecuting Conflict-Related Sexual Violence

Author: Serge Brammertz,Michelle Jarvis

Publisher: Oxford University Press

ISBN: 0198768567


Page: 544

View: 6256

Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

Nazi War Criminals

Author: Earle Rice

Publisher: N.A


Category: Juvenile Nonfiction

Page: 111

View: 5736

Explores the lives of six Nazi war criminals and the roles they played in implementing the Final Solution to the Jewish Question.

Madame Prosecutor

Confrontations with Humanity's Worst Criminals and the Culture of Impunity

Author: Carla Del Ponte,Chuck Sudetic

Publisher: Other Press, LLC

ISBN: 1590515374

Category: Biography & Autobiography

Page: 448

View: 5111

Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.