Punishing Atrocities through a Fair Trial

Punishing Atrocities through a Fair Trial

Author: Jonathan Hafetz

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 204

ISBN-13: 1108692532

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Over the past decades, international criminal law has evolved to become the operative norm for addressing the worst atrocities. Tribunals have conducted hundreds of trials addressing mass violence in the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and other countries to bring to justice perpetrators of genocide, war crimes, and crimes against humanity. But international courts have struggled to hold perpetrators accountable for these offenses while still protecting the fair trial rights of defendants. Punishing Atrocities through a Fair Trial explores this tension, from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court. It explains why international criminal law must adhere to transparent principles of legality and due process to ensure its future as a legitimate and viable legal regime.


Punishing Atrocities Through a Fair Trial

Punishing Atrocities Through a Fair Trial

Author: Jonathan Hafetz

Publisher:

Published: 2018-04-19

Total Pages: 203

ISBN-13: 1107094550

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Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.


An Essay on Crimes and Punishments

An Essay on Crimes and Punishments

Author: Cesare Beccaria

Publisher: The Lawbook Exchange, Ltd.

Published: 2006

Total Pages: 274

ISBN-13: 1584776382

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Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.


Victors' Justice

Victors' Justice

Author: Richard H. Minear

Publisher: Princeton University Press

Published: 2015-03-08

Total Pages: 254

ISBN-13: 1400870348

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The klieg-lighted Tokyo Trial began on May 3, 1946, and ended on November 4, 1948, a majority of the eleven judges from the victorious Allies finding the twenty-five surviving defendants, Japanese military and state leaders, guilty of most, if not all, of the charges. As at Nuremberg, the charges included for the first time "crimes against peace" and "crimes against humanity," as well as conventional war crimes. In a polemical account, Richard Minear reviews the background, proceedings, and judgment of the Tokyo Trial from its Charter and simultaneous Nuremberg "precedent" to its effects today. Mr. Minear looks at the Trial from the aspects of international law, of legal process, and of history. With compelling force, he discusses the motives of the Nuremberg and Tokyo proponents, the Trial's prejudged course—its choice of judges, procedures, decisions, and omissions—General MacArthur's review of the verdict, the criticisms of the three dissenting judges, and the dangers inherent in such an international, political trial. His systematic, partisan treatment pulls together evidence American lawyers and liberals have long suspected, feared, and dismissed from their minds. Contents: Preface. I. Introduction. II. The Tokyo Trial. III. Problems of International Law. IV. Problems of Legal Process. V. Problems of History. VI. After the Trial. Appendices. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


The International Criminal Court and Complementarity

The International Criminal Court and Complementarity

Author: Carsten Stahn

Publisher: Cambridge University Press

Published: 2011-10-06

Total Pages: 1293

ISBN-13: 1316139506

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This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.


Why Punish Perpetrators of Mass Atrocities?

Why Punish Perpetrators of Mass Atrocities?

Author: Florian Jeßberger

Publisher: Cambridge University Press

Published: 2021-07-08

Total Pages: 410

ISBN-13: 9781108465892

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This edited volume provides, for the first time, a comprehensive account of theoretical approaches to international punishment. Its main objective is to contribute to the development of a consistent and robust theory of international criminal punishment. For this purpose, the authors - renowned scholars in the fields of criminal law, international criminal law, and philosophy of law, as well as practitioners working at different international criminal courts and tribunals - address the question of meaning and purpose of punishment in international law from various perspectives. The volume fleshes out the predominant dimensions of a theory of international punishment and highlights the differences between 'ordinary' (domestic) crime and international crimes and their respective enforcement. At the same time, throughout the volume a major focus is on the practical consequences of the different theoretical approaches, in particular for the activities of the International Criminal Court.


The Nuremberg Trial

The Nuremberg Trial

Author: Ann Tusa

Publisher: Skyhorse Publishing Inc.

Published: 2010-07

Total Pages: 513

ISBN-13: 1616080213

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Here is a gripping account of the major postwar trial of the Nazi hierarchy in World War II. The Nuremberg Trial brilliantly recreates the trial proceedings and offers a reasoned, often profound examination of the processes that created international law. From the whimpering of Kaltenbrunner and Ribbentrop on the stand to the icy coolness of Goering, each participant is vividly drawn. Includes twenty-four photographs of the key players as well as extensive references, sources, biographies, and an index.


The Law of Armed Conflict

The Law of Armed Conflict

Author: Geoffrey S. Corn

Publisher: Aspen Publishing

Published: 2018-09-14

Total Pages: 744

ISBN-13: 1543802915

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The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.