Crimes Against Humanity

Author: Norman Geras
Publisher: Oxford University Press
ISBN: 0719082412
Size: 31.78 MB
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This is an accessible and informative guide to the evolution of the concept of crimes against humanity- a hugely influential concept which has had a marked impact on modern international politics, law and ethics

Amnesty For Crimes Against Humanity Under International Law

Author: Faustin Z. Ntoubandi
Publisher: Martinus Nijhoff Publishers
ISBN: 9004162313
Size: 63.29 MB
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Drawing on crystallizing trends in State's practice in respect of amnesty, this book provides a comprehensive legal framework within which grants of amnesty can be reconciled with the duty to prosecute core crimes under international law.

The Birth Of The New Justice

Author: Mark Lewis
Publisher: OUP Oxford
ISBN: 0191635715
Size: 63.10 MB
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Until 1919, European wars were settled without post-war trials, and individuals were not punishable under international law. After World War One, European jurists at the Paris Peace Conference developed new concepts of international justice to deal with violations of the laws of war. Though these were not implemented for political reasons, later jurists applied these ideas to other problems, writing new laws and proposing various types of courts to maintain the post-World War One political order. They also aimed to enhance internal state security, address states' failures to respect minority rights, or rectify irregularities in war crimes trials after World War Two. The Birth of the New Justice shows that legal organizations were not merely interested in ensuring that the guilty were punished or that international peace was assured. They hoped to instill particular moral values, represent the interests of certain social groups, and even pursue national agendas. When jurists had to scale back their projects, it was not only because state governments opposed them. It was also because they lacked political connections and did not build public support for their ideas. In some cases, they decided that compromises were better than nothing. Rather than arguing that new legal projects were spearheaded by state governments motivated by "liberal legalism," Mark Lewis shows that legal organizations had a broad range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. The International Law Association, the International Association of Penal Law, the World Jewish Congress, and the International Committee of the Red Cross transformed the concept of international violation to deal with new political and moral problems. They repeatedly altered the purpose of an international criminal court, sometimes dropping it altogether when national courts seemed more pragmatic.

Norman Geras S Political Thought From Marxism To Human Rights

Author: Mark Cowling
Publisher: Springer
ISBN: 3319740482
Size: 70.26 MB
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This book provides a critical account of the main controversies involving Norman Geras, one of the key modern political thinkers. It moves from his youthful Trotskyism on to his book on Rosa Luxemburg, then his classic account of Marx and human nature, and his highly regarded discussion of Marx and justice. Following this, Geras tried to elaborate a Marxist theory of justice, which involved taking on-board aspects of liberalism. Next he attacked the post modernism of Laclau and Mouffe and criticised Rorty’s pragmatism, and then elaborated a contract of mutual indifference from a detailed study of the Holocaust. Lastly he wrote a book on human rights and humanitarian intervention, defending the 2003 invasion of Iraq. Cowling varies from exposition and admiration, to ideas about how Geras’s work should be interpreted, to criticism of his Trotskyism and of his support for the invasion of Iraq. The book will appeal to readers interested in Norman Geras and Marxism in particular, and social and political theory in general.

Instigation To Crimes Against Humanity

Author: Avitus A. Agbor
Publisher: Martinus Nijhoff Publishers
ISBN: 9004254137
Size: 27.37 MB
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In Instigation to Crimes Against Humanity – The Flawed Jurisprudence of the Trial and Appeal Chambers of the International Criminal Tribunal for Rwanda (ICTR), Avitus A. Agbor critiques the jurisprudence of the ICTR on instigation to crimes against humanity under Article 6(1).

Against Humanity

Author: Sam Dubal
Publisher: Univ of California Press
ISBN: 0520296109
Size: 28.78 MB
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"This is not about crimes against humanity. Rather, it is an indictment of "humanity," the concept that lies at the heart of human rights and humanitarian missions. Based on fieldwork in northern Uganda, this book brings readers inside the Lord's Resistance Army, an insurgent group accused of rape, forced conscription of children, and inhumane acts of violence. The author talks with and learns from former rebels as they find meaning in wartime violence, politics, spirituality, and love--experiences that observers often place outside the boundaries of humanity. Rather than approaching the LRA as a set of possibilities, humanity looks at the LRA as a set of problems, as inhuman enemies needing reform. Humanity hegemonizes what counts as good in ways that are difficult to question or challenge. It relies on very specific notions of the good--shaped in ideals of modern violence, technology, modernity, and reason, among others--in ways that do violence to the common good. What emerges from this ethnography is an unorthodox question--what would it mean to be 'against humanity'? Against Humanity provocatively asks us how to honor life existing outside normative moralities. It challenges us to shift toward alternative, more radical approaches to humanitarian, political, medical, and other interventions, rooted in anti-humanism"--Provided by publisher.

Forging A Convention For Crimes Against Humanity

Author: Leila Nadya Sadat
Publisher: Cambridge University Press
ISBN: 1139495828
Size: 21.88 MB
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Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

Individual Criminal Responsibility In International Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 0191627755
Size: 34.14 MB
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This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.

East West Street

Author: Philippe Sands
Publisher: Vintage
ISBN: 0385350724
Size: 52.36 MB
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A profound and profoundly important book—a moving personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitler’s Third Reich. East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of “genocide” and “crimes against humanity,” both of whom, not knowing the other, studied at the same university with the same professors, in a city little known today that was a major cultural center of Europe, “the little Paris of Ukraine,” a city variously called Lemberg, Lwów, Lvov, or Lviv. The book opens with the author being invited to give a lecture on genocide and crimes against humanity at Lviv University. Sands accepted the invitation with the intent of learning about the extraordinary city with its rich cultural and intellectual life, home to his maternal grandfather, a Galician Jew who had been born there a century before and who’d moved to Vienna at the outbreak of the First World War, married, had a child (the author’s mother), and who then had moved to Paris after the German annexation of Austria in 1938. It was a life that had been shrouded in secrecy, with many questions not to be asked and fewer answers offered if they were. As the author uncovered, clue by clue, the deliberately obscured story of his grandfather’s mysterious life, and of his mother’s journey as a child surviving Nazi occupation, Sands searched further into the history of the city of Lemberg and realized that his own field of humanitarian law had been forged by two men—Rafael Lemkin and Hersch Lauterpacht—each of whom had studied law at Lviv University in the city of his grandfather’s birth, each considered to be the father of the modern human rights movement, and each, at parallel times, forging diametrically opposite, revolutionary concepts of humanitarian law that had changed the world. In this extraordinary and resonant book, Sands looks at who these two very private men were, and at how and why, coming from similar Jewish backgrounds and the same city, studying at the same university, each developed the theory he did, showing how each man dedicated this period of his life to having his legal concept—“genocide” and “crimes against humanity”—as a centerpiece for the prosecution of Nazi war criminals. And the author writes of a third man, Hans Frank, Hitler’s personal lawyer, a Nazi from the earliest days who had destroyed so many lives, friend of Richard Strauss, collector of paintings by Leonardo da Vinci. Frank oversaw the ghetto in Lemberg in Poland in August 1942, in which the entire large Jewish population of the area had been confined on penalty of death. Frank, who was instrumental in the construction of concentration camps nearby and, weeks after becoming governor general of Nazi-occupied Poland, ordered the transfer of 133,000 men, women, and children to the death camps. Sands brilliantly writes of how all three men came together, in October 1945 in Nuremberg—Rafael Lemkin; Hersch Lauterpacht; and in the dock at the Palace of Justice, with the twenty other defendants of the Nazi high command, prisoner number 7, Hans Frank, who had overseen the extermination of more than a million Jews of Galicia and Lemberg, among them, the families of the author’s grandfather as well as those of Lemkin and Lauterpacht. A book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder. Powerful; moving; tender; a revelation.