Reassessing the Nuremberg Military Tribunals
Reassessing the Nuremberg Military Tribunals

Author: Kim Christian Priemel

Publisher: Berghahn Books

Published: 2012

Total Pages: 335

ISBN-13: 0857455303

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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. Kim C. Priemel is Assistant Professor of History at Humboldt University Berlin, Germany. Alexa Stiller is Research Associate at the Department of Modern History and Contemporary History, University of Berne, Switzerland.

Theories of Co-perpetration in International Criminal Law
Theories of Co-perpetration in International Criminal Law

Author: Lachezar D. Yanev

Publisher: BRILL

Published: 2018-05-07

Total Pages: 654

ISBN-13: 9004357505

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The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

The Extraordinary Chambers in the Courts of Cambodia
The Extraordinary Chambers in the Courts of Cambodia

Author: Simon M. Meisenberg

Publisher: Springer

Published: 2016-03-30

Total Pages: 614

ISBN-13: 9462651051

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This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.

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

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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.

A Theory of Punishable Participation in Universal Crimes
A Theory of Punishable Participation in Universal Crimes

Author: Terje Einarsen

Publisher: Torkel Opsahl Academic EPublisher

Published: 2018-12-07

Total Pages: 756

ISBN-13: 8283481282

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This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.