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"International criminal courts -- History -- 20th century"
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Negotiating the International Criminal Court
This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations became so unusual and successful. This book is both for those who seek detailed legislative history, scholars or practitioners in international law and relations and those simply curious about how the Court came about.
eBook
All the missing souls : a personal history of the war crimes tribunals
Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court. All the Missing Souls is Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time. Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel \"Sandy\" Berger, Richard Holbrooke, and Wesley Clark, among others. -- From publisher description.
eBook
All the Missing Souls
Within days of Madeleine Albright's confirmation as U.S. ambassador to the United Nations in 1993, she instructed David Scheffer to spearhead the historic mission to create a war crimes tribunal for the former Yugoslavia. As senior adviser to Albright and then as President Clinton's ambassador-at-large for war crimes issues, Scheffer was at the forefront of the efforts that led to criminal tribunals for the Balkans, Rwanda, Sierra Leone, and Cambodia, and that resulted in the creation of the permanent International Criminal Court.All the Missing Soulsis Scheffer's gripping insider's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.
Scheffer reveals the truth behind Washington's failures during the 1994 Rwandan genocide and the 1995 Srebrenica massacre, the anemic hunt for notorious war criminals, how American exceptionalism undercut his diplomacy, and the perilous quests for accountability in Kosovo and Cambodia. He takes readers from the killing fields of Sierra Leone to the political back rooms of the U.N. Security Council, providing candid portraits of major figures such as Madeleine Albright, Anthony Lake, Richard Goldstone, Louise Arbour, Samuel \"Sandy\" Berger, Richard Holbrooke, and Wesley Clark, among others.
A stirring personal account of an important historical chapter,All the Missing Soulsprovides new insights into the continuing struggle for international justice.
eBook
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
Spirits and social reconstruction after mass violence: Rethinking transitional justice
A vibrant debate in the field of transitional justice concerns the relative ability of global, national, and local mechanisms to promote justice after violent conflict. Discussion largely focuses on more formal mechanisms of justice (courts, tribunals, or truth commissions), implying that state institutions and the law are solely responsible for shaping the process of social healing. This article suggests that scholars should take seriously more informal, socio-cultural processes outside the purview of the state, particularly for how they promote social reconstruction at the micro level. Examining the phenomena of spirit possession and ritual cleansing in northern Uganda, I illustrate how such efforts are expressions of injustice and reflect ordinary people’s attempts to seek moral renewal and social repair. This approach is particularly illustrative in cases where ‘intimate enemies’ exist – that is, settings where ordinary people who engaged in violence against one another must live together again.
Journal Article
Representing Mass Violence
A free ebook version of this title is available through Luminos, University of California Press’s new open access publishing program for monographs. Visit www.luminosoa.org to learn more. How do interventions by the UN Security Council and the International Criminal Court influence representations of mass violence? What images arise instead from the humanitarianism and diplomacy fields? How are these competing perspectives communicated to the public via mass media? Zooming in on the case of Darfur, Joachim J. Savelsberg analyzes more than three thousand news reports and opinion pieces and interviews leading newspaper correspondents, NGO experts, and foreign ministry officials from eight countries to show the dramatic differences in the framing of mass violence around the world and across social fields. Representing Mass Violence contributes to our understanding of how the world acknowledges and responds to violence in the Global South.
eBook
Germany's Colonial Policy in German South-West Africa in the Light of International Criminal Law
The debate over whether Germany's colonial policy toward the Herero and Nama constituted genocide suffers from two basic shortcomings: authors who are proficient in international criminal law (ICL) often have difficulties in getting the historical facts right, and historians with a good knowledge of primary sources lack knowledge about the evolving definition of genocide in ICL. As a result, the authors of many articles and books concerning the German atrocities committed against the Herero and Nama at the beginning of the 20th century either do not apply any precise definition of genocide at all or they quote the definition derived from the Convention for the Prevention and Punishment of Genocide, but without including the comprehensive jurisprudence about genocide that has emerged from international criminal tribunals. Because social science and history have not elaborated an undisputed and precise definition of genocide, this article proposes to apply the relatively narrow and precise ICL definition of genocide to the events in Germany's South-West African colony at the beginning of the 20th century. This method sheds new light on some neglected aspects of Germany's policy toward the Herero and Nama, which suddenly appear more important than those that until now have most frequently been regarded as genocidal.
Journal Article
Know-How in Postwar Business and Law
In the mid-twentieth century, businesses around the world began to see technical know-how as one of the most important assets they could possess. While their exact definitions of know-how varied (usually centering on employees' tacit knowledge; accumulated, minor innovations rather than just patentable inventions; and tailoring to local conditions), the rapidly growing perception that it was invaluable led to widespread know-how licensing. As businesses embraced it, legal scholars and business lawyers during the 1950s through the 1970s scrambled to clarify legal bases for intellectual property protections for know-how. In the 1970s Supreme Court decisions undermined this effort, and a consortium of legal organizations turned instead to lobbying for statutory protection for the related, narrower category of \"trade secrets.\" Despite the rise and relative decline of know-how in American business and law, interest in the term spread to other languages and legal systems, and the repercussions of these shifting understandings of technology transfer remain with us today.
Journal Article