Engagement with international law is notably absent in Canada's legal past. It is likely, however, to be a momentous part of Canada's legal future. It is the thesis of this book that a lack of basic international legal understanding on the part of lawyers and judges is no longer permissible in the integrated world in which we live, and that we must educate ourselves better if we are to manage that integration process in the interests of Canadian society.
This book provides the first 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).
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice.
This book addresses the conceptual and evidentiary issues relating to the treatment of propaganda in international criminal law. Bringing together an interdisciplinary range of scholars, researchers and legal practitioners from Africa, Australia, Europe and the United States, the book provides an in-depth analysis of the nature, position and role of the concept of propaganda in mass atrocity crimes trials.
This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. By detailing the effects of the ICC's all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC's mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being intra-state wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
Fully utilizing the latest archival material, this book provides a comprehensive, multi-dimensional and nuanced understanding of the Tokyo Tribunal by delving into the temporal aspects that extended the relevance and reverberations of the Tribunal beyond its end in 1948.
This book examines the process and the impact of the International Military Tribunal for the Far East, otherwise known as the Tokyo Trial, which was convened in 1946 to try political military leaders accused of involvement in war crimes. Offering valuable research material on the establishment of the tribunal, it studies the background to the establishment of the International Military Tribunal and the lessons learned from earlier trials of World War One War Criminals.
This book provides the first 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 developmentof international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression.
Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. This alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law.
In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law.
International Criminal Tribunals do not only do justice and judge the perpetrators of the most heinous crimes. Their decisions often affect whole societies, governments, legislation in distant countries and trigger processes od adaptation in the administration of countries, which are under the jurisdiction of such a tribunal. This book present the first part of the results of a five-year international research project, based on field research in ten European and African countries.
Over 2,500 entries (an over 20% increasein content over the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites.Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as:* Legal terms as used in international law* Significant doctrines* Prominent cases, decisions and arbitration* Important incidents* Judicial and literary figures* Treaties and conventions* Organizations and institutions* Acronyms
Offers wide-ranging and comprehensive coverage spanning 15 substantive areas within criminology and criminal justice, including criminal law, juvenile justice, education and professionalism, history of crime, and victimization
The Elgar Encyclopedia of Human Rights is the most comprehensive reference work in the field of international human rights protection.Comprising over 340 entries, presented alphabetically, and available online and in print, the Encyclopedia addresses the full range of themes associated with the study and practice of human rights in the modern world. The topics range from substantive human rights to the relevant institutions, legal documents, conceptual and procedural issues of international law and a wide variety of thematic entries. The Encyclopedia has a distinct focus on international human rights law but at the same time is enriched by approaches from the broader social, sciences making it a truly unique and multi-disciplinary resource.