De L'application du droit pénal aux faits de guerre PDF Download

Author: Louis Renault
Publisher:
ISBN:
Category : International law
Languages : fr
Pages : 44

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Author: Joseph M. C. X. Goedseels
Publisher:
ISBN:
Category : Military offenses
Languages : fr
Pages : 232

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Author: Hiromi Sato
Publisher: Springer Science & Business Media
ISBN: 3642167535
Category : Law
Languages : en
Pages : 183

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The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.

Author: Peter Judson Richards
Publisher: NYU Press
ISBN: 0814777228
Category : Law
Languages : en
Pages : 405

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Examines the ways military tribunals seek to administer justice The Al-Qaeda terror attacks of September 11, 2001 aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or “commissions” for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions. Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the “Great War,” and Allied practices during the Second World War. Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.

Author: Guénaël Mettraux
Publisher: OUP Oxford
ISBN: 0191552526
Category : Law
Languages : en
Pages : 832

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The trial of major Nazi war criminals in Nuremberg was a landmark event in the development of modern international law, and continues to be highly influential in our understanding of international criminal law and post-conflict justice. This volume offers a unique collection of the most important essays written on the Trial, discussing the key legal, political, and philosophical questions raised by the Trial both at the time and in historical perspective. The collection focuses on pieces from those involved in the Tribunal, discussing the establishment of the Tribunal, the Trial itself, and the debate that followed the Judgment. Also included are representative essays of the academic debate that has surrounded Nuremberg in the sixty years since the Trial. Ranging from the contribution of Nuremberg to the substantive development of international criminal law to the philosophical evaluation of legalism in post-conflict international relations, the perspectives provided by the essays offer a unique overview of the persistent significance of Nuremberg across a range of academic disciplines. The collection also features newly translated essays from key German, Russian, and French writers, available in English for the first time; a new essay by Guénaël Mettraux examining the Nuremberg legacy in contemporary international criminal justice; and an exhaustive bibliography of the literature on Nuremberg.

Author: Yoram Dinstein
Publisher: OUP Oxford
ISBN: 0191649821
Category : Law
Languages : en
Pages : 302

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The first comprehensive monograph on the defence of superior orders after the second world war, which remains pre-eminent in the field, the republication of this highly-sophisticated work once again makes this book available to scholars and students in the field. First published in 1965, Yoram Dinstein set the standard for future analysis of this issue, providing a ground-breaking interpretation that integrated domestic and international law to provide a subtle and nuanced challenge to the countervailing perceptions of the time, shaped as they were by the Nuremburg and Eichmann trials. The recent jurisprudence of the ad hoc Tribunals has shown remarkably similar analyses to those offered by Dinstein in this book, demonstrating that this key work remains relevant today. Reviewing the relevant precedents that existed at the time, this book shows that superior orders were not, in and of themselves, a defence, but that orders were relevant to other defences, and therefore should not be entirely ignored. Assessing the issue on a conceptual and practical level, and offering an extraordinary level of detail, this is a is a seminal work in international criminal law. It makes required reading for scholars, students, and practitioners of international criminal law.

Author: James Wilford Garner
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 564

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Author: Herbert R. Reginbogin
Publisher: Walter de Gruyter
ISBN: 3110944847
Category : History
Languages : en
Pages : 320

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60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

Author: Larry Zuckerman
Publisher: NYU Press
ISBN: 0814797393
Category : History
Languages : en
Pages : 476

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In August 1914, the German Army invaded the neutral nation of Belgium, violating a treaty that the German chancellor dismissed as a "scrap of paper." The invaders terrorized the Belgians, shooting thousands of civilians and looting and burning scores of towns, including Louvain, which housed the country's preeminent university. The Rape of Belgium recalls the bloodshed and destruction of the 1914 invasion, and the outrage it inspired abroad. Yet Larry Zuckerman does not stop there, and takes us on a harrowing journey over the next fifty months, vividly documenting Germany's occupation of Belgium. The occupiers plundered the country, looting its rich supply of natural resources; deporting Belgians en masse to Germany and northern France as forced laborers; and jailing thousands on contrived charges, including the failure to inform on family or neighbors. Despite the duration of the siege and the destruction left in its wake, in considering Belgium, neither the Allies nor the history books focused on the occupation, and instead cast their attention almost wholly on the invasion. Now, The Rape of Belgium draws on a little-known story to remind us of the horrors of war. Further, Zuckerman shows why the Allies refrained from punishing the Germans for the occupation and controversially suggests that had the victors followed through, Europe's reaction to the rise of Nazi Germany might have taken a very different course.

Author: Edward Fry Library of International Law (London, England)
Publisher:
ISBN:
Category : Catalogs, Classified
Languages : en
Pages : 196

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