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"International Criminal Law"
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The Nuremberg Military Tribunals and the Origins of International Criminal Law
This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the ‘major war criminals’ — the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers — the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes — crimes against peace, war crimes, and crimes against humanity — as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defences that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
eBook
The new histories of international criminal law : retrials
The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law.0Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions;gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more.0This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.
Book
Reassessing the nuremberg military tribunals
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.
eBook
Complementarity in the line of fire : the catalysing effect of the international criminal court in Uganda and Sudan
\"Of the many expectations attending the creation of the first permanent International Criminal Court, the greatest has been that the principle of complementarity would catalyse national investigations and prosecutions of conflict-related crimes and lead to the reform of domestic justice systems. Sarah Nouwen explores whether complementarity has had such an effect in two states subject to ICC intervention: Uganda and Sudan. Drawing on extensive empirical research and combining law, legal anthropology and political economy, she unveils several effects and outlines the catalysts for them. However, she also reveals that one widely anticipated effect - an increase in domestic proceedings for conflict-related crimes - has barely occurred. This finding leads to the unravelling of paradoxes that go right to the heart of the functioning of an idealistic Court in a world of real constraints\"-- Provided by publisher.
Book
Imperative Philosophy of International Criminal Justice. Visible Power. Invisible Essence
This book delivers a central and dynamic interpretation of the imperative philosophy of international criminal justice and how it struggles to defend the body of international human rights law. Understanding the fundamental philosophies of both legal disciplines reassures the promotion of the virtue of their norms. This work examines these basic philosophies by analysing them through the lens of the new terms: visible power and invisible essence. The former term addresses jus major provisions, while the latter reveals the substantive essence of the existence of the ethical virtues of both legal disciplines as subjects of unity. The invisible reasoning contains genuine imperative moral law and attempts to strengthen its visible framework by preventing autocratic law. The invisible platform of the system of international criminal justice should always remain imperative and it should not be compromised through new, domineering interpretations. The ethics of the procedures of the system of international criminal courts should not rest on the interpretation of visible provisions promoted through authoritarian impulsive rules, rather they should be based on whether or not the invisible pure jus imperative legal justice has been given sufficient weight in the judgements of courts. The coherent scale of the invisible moral essence should not be shattered by incoherent visible morality. Reading about these novel values with the new terms: criminalvisibilism and criminalinvisibilism, as coined by the author, is a must.
eBook
Powertionism in International Criminal Justice
Powertionism is an innovative legal term coined by the author used to emphasize the greed of our governments. This greed is demonstrated through how such governments interpret international legal rules based on their agendas and their desire to pursue and strengthen their political, military, and economic interests. As a result, certain governments have adopted hypocritical, autocratic, egregious, and reductio ad absurdum standards, while other governments continue to suffer under the hegemonic policies of the former. Powertionism sings a song of superiority instead of one of multilateralism. The epidemic of powertionism first arose within the systems of international human rights law and international criminal justice when governments nominated themselves to be permanent members of the United Nations, Security Council, and NATO, and subsequently began imposing hypocritical sanctions upon other states. The existence of a number of brutal wars in different regions implies the expansion of hedonistic powertionism which has spawned from the concealed and cruel political interests at the national and international levels. The deceitful justification of the notion of powertionism prevents populations across the globe from attaining their substantive cultural, ethnic, and universal natural rights. This book illuminates the truth relating to the objectives of governments working to conceal the true nature and impact of their deadly weapons as a result of the punitive or deluded decisions made by NATO or others. We are compelled to promote accurate values of human rights in order to prevent large-scale massacres resulting from powertionist, oppressive, and unilateral judgments. We can no longer ethically consent to the domination of power, the waging of proxy wars, and the ambiguous incitement of the commission of international crimes by permitting the chauvinistic policies of powertionist governments.
eBook