War Crimes Tribunals and Transitional Justice PDF Download

Author: Madoka Futamura
Publisher: Routledge
ISBN: 1134091311
Category : History
Languages : en
Pages : 462

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Book Description
Advocates of theNuremberg legacy emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures forwar crimes. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well

Author: Madoka Futamura
Publisher: Psychology Press
ISBN: 0415426731
Category : Law
Languages : en
Pages : 213

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Book Description
"Simultaneously published in the USA and Canada."

Author: Kim C. Priemel
Publisher: Berghahn Books
ISBN: 085745532X
Category : History
Languages : en
Pages : 333

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Book Description
For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial—the International Military Tribunal or IMT. The dominant interpretation—neatly summarized in the ubiquitous formula of “Subsequent Trials”—ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.

Author: Matthew Rendle
Publisher:
ISBN: 019884042X
Category : History
Languages : en
Pages : 337

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Book Description
The State versus the People provides the first detailed account of the important role played by law and revolutionary tribunals in securing the Bolsheviks' hold on power after the October Revolution. The study offers a novel perspective on justice and the politics of civil war during the Russian Revolution.

Author: M. Rafiqul Islam
Publisher: BRILL
ISBN: 9004389385
Category : Law
Languages : en
Pages : 536

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Book Description
In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.

Author: K. Fisher
Publisher: Springer
ISBN: 113703050X
Category : Political Science
Languages : en
Pages : 886

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Book Description
This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.

Author: Zachary D. Kaufman
Publisher: Oxford University Press
ISBN: 0190655488
Category : Law
Languages : en
Pages : 433

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Book Description
In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the "legalist" paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Kaufman develops an alternative theory-"prudentialism"-which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994 Rwandan genocide. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials' normative beliefs. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

Author: Craig Etcheson
Publisher: Columbia University Press
ISBN: 0231550723
Category : Political Science
Languages : en
Pages : 314

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Book Description
In just a few short years, the Khmer Rouge presided over one of the twentieth century’s cruelest reigns of terror. Since its 1979 overthrow, there have been several attempts to hold the perpetrators accountable, from a People’s Revolutionary Tribunal shortly afterward through the early 2000s Extraordinary Chambers in the Courts of Cambodia, also known as the Khmer Rouge Tribunal. Extraordinary Justice offers a definitive account of the quest for justice in Cambodia that uses this history to develop a theoretical framework for understanding the interaction between law and politics in war crimes tribunals. Craig Etcheson, one of the world’s foremost experts on the Cambodian genocide and its aftermath, draws on decades of experience to trace the evolution of transitional justice in the country from the late 1970s to the present. He considers how war crimes tribunals come into existence, how they operate and unfold, and what happens in their wake. Etcheson argues that the concepts of legality that hold sway in such tribunals should be understood in terms of their orientation toward politics, both in the Khmer Rouge Tribunal and generally. A magisterial chronicle of the inner workings of postconflict justice, Extraordinary Justice challenges understandings of the relationship between politics and the law, with important implications for the future of attempts to seek accountability for crimes against humanity.

Author: Héctor Olásolo
Publisher: BRILL
ISBN: 9004341005
Category : Law
Languages : en
Pages : 251

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Book Description
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge.

Author: James DeShaw Rae
Publisher: First Forum Press; Lynne Rienner
ISBN:
Category : History
Languages : en
Pages : 284

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Book Description
"Did the United Nations successfully help to build a just, peaceful state and society in postconflict East Timor? Has transitional justice satisfied local demands for accountability and/or reconciliation? What lessons can be learned from the UN's efforts? Drawing on extensive field work, James DeShaw Rae offers a grassroots perspective on the relationship between peacebuilding and transitional justice. Rae traces the effects of the political violence perpetrated in East Timor during the Indonesian occupation, as well as the UN-authorized intervention and the ultimate formulation of the rebuilding effort. In the process, he explores the results of hybrid (mixed domestic-international) tribunals and the attempt to conduct war crimes tribunals and truth and reconciliation commissions in tandem. Not least, his account of the impact of international actors working with the East Timorese to construct a new nation from the ground up suggests important policy prescriptions for all postconflict societies."--Publisher description.