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Author: Margaret M. DeGuzman Publisher: ISBN: 0198786158 Category : Law Languages : en Pages : 241
Book Description
The literature and jurisprudence of international criminal law relies on the claim that international crimes are exceptionally grave. They 'shock the conscience of humanity'. They are 'atrocities'. Yet what makes international crimes especially grave is rarely explained. Addressing the balance, Margaret DeGuzman explains what affect the historical occurrences that led to the heavy reliance on the concept of gravity, including the atrocities of the World War II era, and the crimes of Yugoslavia and Rwanda, had on international law. DeGuzman demonstrates how, in later decades, gravity has been used to obscure controversial value choices. This book looks to build the legitimacy of the international criminal law regime by exposing the value choices that the rhetoric of 'gravity' entails, and poses a new framework for assessing the legitimacy of international criminal law. Instead of solely relying on 'gravity', DeGuzman looks to wider values to ensure the continued legitimacy of international criminal law.
Author: Claus Kreß Publisher: Cambridge University Press ISBN: 1108107494 Category : Law Languages : en Pages :
Book Description
The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.
Author: United Nations Publisher: United Nations Publications ISBN: Category : Law Languages : en Pages : 460
Book Description
This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.
Author: Kevin Jon Heller Publisher: Oxford University Press on Demand ISBN: 0199554315 Category : History Languages : en Pages : 528
Book Description
This book provides the first comprehensive legal analysis of the twelve war-crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMT). The judgments these Tribunals produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand genocide, crimes against humanity, and the crime of aggression. The trials are of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than the main Nuremberg Trial (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMT, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. This book starts by tracing the history of the NMT. It then discusses the law and procedure applied by the NMT, with a focus on the important differences between Control Council Law No. 10 and the Nuremberg Charter and on the protection of the defendants' right to a fair trial. The third section, the heart of the book, provides a systematic analysis of the NMT's jurisprudence. It covers Law No. 10's core crimes, crimes against peace, war crimes, and crimes against humanity, as well as the crimes of conspiracy and membership of a criminal organization. This section also analyzes the general principles of liability that the Tribunals applied and on the defenses they did -and did not- recognize. The final section of the book deals with the aftermath of the trials and their historical legacy.
Author: Paul Chappell Publisher: Easton Studio Press, LLC ISBN: 1935212230 Category : Political Science Languages : en Pages : 98
Book Description
Once in a great while, a book is written that substantially changes the way people think about a particular subject. Will War Ever End? is such a book. Written as a “manifesto for waging peace” by an active duty captain in the US Army, Will War Ever End? challenges readers to think about peace, war and violence in radically new ways. “Are human beings naturally violent?” “What is hatred?” “How can love overcome the power of hatred?” “How does nonviolence overcome the power of violence?” “How can we prove that unconditional love makes us psychologically healthy and that hatred, just like an illness, occurs when something has gone wrong?” “How does violence against the natural world relate to violence between human beings?” These are all questions that Captain Paul K. Chappell leads us to consider in a strikingly new way. In Will War Ever End?, Chappell demonstrates that human beings are naturally peaceful and that world peace can become more than a cliché. He lays out a practical framework for transforming the way we think about war and violence, enabling us to begin the real work we must do in order to achieve true peace for mankind. Will War Ever End? is a deeply personal story of a soldier’s search for human understanding that will lead to universal transformation. Its message is one of hope, offering practical solutions to help us build a better world. We can all make change. Now is the time to begin.
Author: Taner Akçam Publisher: Princeton University Press ISBN: 0691153337 Category : History Languages : en Pages : 529
Book Description
Introducing new evidence from more than 600 secret Ottoman documents, this book demonstrates in unprecedented detail that the Armenian Genocide and the expulsion of Greeks from the late Ottoman Empire resulted from an official effort to rid the empire of its Christian subjects. Presenting these previously inaccessible documents along with expert context and analysis, Taner Akçam's most authoritative work to date goes deep inside the bureaucratic machinery of Ottoman Turkey to show how a dying empire embraced genocide and ethnic cleansing.Although the deportation and killing of Armenians was internationally condemned in 1915 as a "crime against humanity and civilization," the Ottoman government initiated a policy of denial that is still maintained by the Turkish Republic. The case for Turkey's "official history" rests on documents from the Ottoman imperial archives, to which access has been heavily restricted until recently. It is this very source that Akçam now uses to overturn the official narrative.The documents presented here attest to a late-Ottoman policy of Turkification, the goal of which was no less than the radical demographic transformation of Anatolia. To that end, about one-third of Anatolia's 15 million people were displaced, deported, expelled, or massacred, destroying the ethno-religious diversity of an ancient cultural crossroads of East and West, and paving the way for the Turkish Republic.By uncovering the central roles played by demographic engineering and assimilation in the Armenian Genocide, this book will fundamentally change how this crime is understood and show that physical destruction is not the only aspect of the genocidal process.
Author: Jennifer Trahan Publisher: ISBN: Category : Political Science Languages : en Pages : 296
Book Description
This unique book organizes the decisions of the International Criminal Tribunal for the former Yugoslavia by topic, including genocide, crimes against humanity, war crimes, individual criminal responsibility, command responsibility, affirmative defenses, jurisdiction, sentencing, fair trial rights, guilty pleas and appellate review. In selected cases, the book also applies key aspects of the law to the facts of the case.
Author: Dave Grossman Publisher: Open Road Media ISBN: 1497629209 Category : Social Science Languages : en Pages : 312
Book Description
A controversial psychological examination of how soldiers’ willingness to kill has been encouraged and exploited to the detriment of contemporary civilian society. Psychologist and US Army Ranger Dave Grossman writes that the vast majority of soldiers are loath to pull the trigger in battle. Unfortunately, modern armies, using Pavlovian and operant conditioning, have developed sophisticated ways of overcoming this instinctive aversion. The mental cost for members of the military, as witnessed by the increase in post-traumatic stress, is devastating. The sociological cost for the rest of us is even worse: Contemporary civilian society, particularly the media, replicates the army’s conditioning techniques and, Grossman argues, is responsible for the rising rate of murder and violence, especially among the young. Drawing from interviews, personal accounts, and academic studies, On Killing is an important look at the techniques the military uses to overcome the powerful reluctance to kill, of how killing affects the soldier, and of the societal implications of escalating violence.
Author: Tom Dannenbaum
Author: Tom Dannenbaum
Author: Margaret M. DeGuzman
Author: Claus Kreß
Author: United Nations
Author: Kevin Jon Heller
Author: Paul Chappell
Author: Taner Akçam
Author: Jennifer Trahan
Author: Dave Grossman
Author: M. Cherif Bassiouni