The International Criminal Tribunal for the Former Yugoslavia
The International Criminal Tribunal for the Former Yugoslavia

Author: Rachel Kerr

Publisher: OUP Oxford

Published: 2004-01-15

Total Pages: 248

ISBN-13: 0191532371

DOWNLOAD EBOOK

On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy
The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy

Author: Rachel Kerr

Publisher: OUP Oxford

Published: 2004-01-15

Total Pages: 248

ISBN-13: 9780199263059

DOWNLOAD EBOOK

On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law.The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunalwas established as a tool of politics, but it was a judicial, not a political tool.This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, stateco-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and insteadenhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

International Justice in Rwanda and the Balkans
International Justice in Rwanda and the Balkans

Author: Victor Peskin

Publisher: Cambridge University Press

Published: 2008-03-03

Total Pages: 290

ISBN-13: 1139468170

DOWNLOAD EBOOK

Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.

The UN International Criminal Tribunals
The UN International Criminal Tribunals

Author: William A. Schabas

Publisher: Cambridge University Press

Published: 2006-07-20

Total Pages: 55

ISBN-13: 1139456814

DOWNLOAD EBOOK

This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.

Atrocities, Massacres, and War Crimes [2 volumes] [2 volumes]
Atrocities, Massacres, and War Crimes [2 volumes] [2 volumes]

Author: Alexander Mikaberidze

Publisher: Bloomsbury Publishing USA

Published: 2013-06-25

Total Pages: 906

ISBN-13: 1598849263

DOWNLOAD EBOOK

Both concise and wide-ranging, this encyclopedia covers massacres, atrocities, war crimes, and genocides, including acts of inhumanity on all continents; and serves as a reminder that lest we forget, history will repeat itself. The 400-plus entries in Atrocities, Massacres, and War Crimes: An Encyclopedia provide accessible and concise information on the difficult subject of abject human violence committed on all continents. The entries in this two-volume work describe atrocities, massacres, and war crimes committed in the 20th century, thereby documenting how human beings have repeatedly proven their capability to commit horrific acts of inhumanity even in relatively recent times and within the modern era. The encyclopedia covers countries, treaties, and terms; profiles individuals who had been formally indicted for war crimes as well as those who have committed mass atrocities and gone unpunished; and addresses human rights violations, crimes against humanity, and crimes against peace.

Contested Justice
Contested Justice

Author: Christian De Vos

Publisher: Cambridge University Press

Published: 2015-12-18

Total Pages: 525

ISBN-13: 1316483266

DOWNLOAD EBOOK

The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

Women of the Foreign Office
Women of the Foreign Office

Author: Elizabeth Warburton

Publisher: The History Press

Published: 2021-03-19

Total Pages: 174

ISBN-13: 0750997087

DOWNLOAD EBOOK

Since the suffrage campaigns in the early twentieth century, the advancement of women's rights in the UK has been nonstop. Proponents of the cause have aimed for equality across all sectors: personal and civil rights, employment rights, equal pay – and yet Britain's first official female ambassador did not take up her position until 1976. Many obstacles lay between a capable, educated woman and the fulfilment of her potential. Here, Elizabeth and Richard Warburton cast a detailed eye over the advancement of women in the Foreign Office, as diplomats, ambassadors, ministers and Foreign Secretary. Leaving no stone unturned, they discuss the culturally conservative, closed pillar of the Foreign Office in the context of the times, and of the development of women's rights both in the UK and across the first world. Supported by first-person accounts, they explore the stories of those who successfully broke through the constraints of convention, prejudice and law, and why.

Prosecuting War Crimes
Prosecuting War Crimes

Author: James Gow

Publisher: Routledge

Published: 2013-09-23

Total Pages: 262

ISBN-13: 1134610777

DOWNLOAD EBOOK

This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.

The Defendant in International Criminal Proceedings
The Defendant in International Criminal Proceedings

Author: Björn Elberling

Publisher: Bloomsbury Publishing

Published: 2012-08-31

Total Pages: 300

ISBN-13: 1847319963

DOWNLOAD EBOOK

It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of “show trials”.