Genocide in International Law
Genocide in International Law

Author: William Schabas

Publisher: Cambridge University Press

Published: 2000-08-31

Total Pages: 644

ISBN-13: 9780521787901

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The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.

The Triggering Procedure of the International Criminal Court
The Triggering Procedure of the International Criminal Court

Author: Héctor Olásolo

Publisher: BRILL

Published: 2005-10-01

Total Pages: 422

ISBN-13: 9047415744

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The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Accountability for Human Rights Atrocities in International Law
Accountability for Human Rights Atrocities in International Law

Author: Steven R. Ratner

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 486

ISBN-13: 0199248338

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"More than a half century after the Nuremberg and Tokyo trials, nations around the world are increasingly grappling with the need to hold individuals accountable for human rights atrocities. In this innovative book, now in its second edition, Steven R. Ratner and Jason S. Abrams offer a comprehensive study of the promises and limitations of individual accountability as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide, crimes against humanity, and war crimes, and go on to appraise the range of prosecutorial and other mechanisms for holding abusers responsible. The authors conclude with a series of compelling conclusions about the future of accountability. The second edition includes developments since 1997, including new domestic prosecutions and truth commissions, the work of the UN's Yugoslavia and Rwanda tribunals, and the International Criminal Court"--Unedited summary from book cover.

Principles of International Criminal Law
Principles of International Criminal Law

Author: Gerhard Werle

Publisher: Oxford University Press

Published: 2020-10-09

Total Pages: 750

ISBN-13: 0192561588

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Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

Ethnic Cleansing
Ethnic Cleansing

Author: Clotilde Pegorier

Publisher: Routledge

Published: 2013-04-12

Total Pages: 199

ISBN-13: 1134067836

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This book confronts the problem of the legal uncertainty surrounding the definition and classification of ethnic cleansing, exploring whether the use of the term ethnic cleansing constitutes a valuable contribution to legal understanding and praxis. The premise underlying this book is that acts of ethnic cleansing are, first and foremost, a criminal issue and must therefore be precisely placed within the context of the international law order. In particular, it addresses the question of the specificity of the act and its relation to existing categories of international crime, exploring the relationship between ethnic cleansing and genocide, but also extending to war crimes and crimes against humanity. The book goes on to show how the current understanding of ethnic cleansing singularly fails to provide an efficient instrument for identification, and argues that the act, in having its own distinctive characteristics, conditions and exigencies, ought to be granted its own classification as a specific independent crime. Ethnic Cleansing: A Legal Qualification, will be of particular interest to students and scholars of International Law and Political Science.

The Philosophy of Taxation and Public Finance
The Philosophy of Taxation and Public Finance

Author: Robert W. McGee

Publisher: Springer Science & Business Media

Published: 2011-06-27

Total Pages: 301

ISBN-13: 1441991409

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Most public finance books are texts, which are aimed at undergraduate or graduate students. They are overly technical in nature and appeal only to a narrow range of bureaucrats and academics. Books on taxation are written for tax practitioners and usually emphasize either what the law is or how to maneuver through the labyrinth of tax law to minimize taxes for clients. Philosophy books on taxation or public finance simply do not exist. The Philosophy of Taxation and Public Finance is different. It is written in nontechnical language and is aimed to appeal to a wide range of readers, including practitioners, academics and students in the fields of taxation, public finance, economics, law, philosophy and political science as well as general readers who are interested in learning why they are being taxed the way they are. The author addresses the major issues and topics in taxation and public finance and injects them with philosophical insights. He discusses questions such as: -What arguments have been used to justify taxation? -When is tax evasion unethical? -Are some taxes better than others? -What are the proper functions of government? -How much is enough? Is the ability to pay concept valid? -When can punitive taxes be justified?

The United Nations Security Council in the Post-Cold War Era
The United Nations Security Council in the Post-Cold War Era

Author: Kenneth Manusama

Publisher: BRILL

Published: 2006-06-01

Total Pages: 362

ISBN-13: 9047409906

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The United Nations Security Council is meant to be the central international organ for maintaining international peace and security, and it has a profound impact on the rights and duties of states under international law. However, it has been severely criticized throughout its existence. This book examines the role of international law in its decisions and decision-making process since the end of the Cold War, with the principle of legality as theoretical framework. It explores the limits that international law places on the Security Council, i.e. what it is allowed to demand of and impose on states. More importantly, however, this study provides great insight into how states use international legal arguments in the Council’s decision-making process, and whether the Security Council has in practice respected and observed these legal limits. Selected case studies include Iraq, the former Yugoslavia, Haiti, East Timor and international terrorism.