The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country's profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state's jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.

This timely handbook offers an examination of man's history of war crimes and the parallel development of rules of war to prevent them in the future. Kosovo, Rwanda, Sierra Leone, Darfur, Auschwitz. War crimes have occurred in regions around the world and continue to this day. Although atrocities are as old as war itself, they did not become punishable crimes until the law evolved to define them as such. War Crimes, Genocide, and the Law: A Guide to the Issues examines the types of war crimes and the motivations behind them, as well as the laws that seek to control and abolish these heinous acts. Within the handbook, centuries of war crimes and genocides are analyzed and catalogued. At the same time, the author offers a history of the development of the rules of war, enabling readers to grasp the importance of such precedent-setting events as the 1946 Nuremberg Trials, and to see the gradual evolution of the laws intended to punish perpetrators and prevent future barbarism. Copies of the original humanitarian treaties: the Civil War Lieber Code, Hague Agreements, and Geneva Conventions of 1929 and 1949 Images ranging from a disturbing picture from Life magazine to war crimes photos from the U.S. Military Education and Heritage Center and photos of the Nuremberg Trials A robust bibliography designed to provide interested readers with a sweeping description of the most important sources available

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"Holocaust Restitution compiles a group of essays from leading authorities and participants in the Holocaust restitution movement. This book gathers different voices from across the Holocaust restitution movement and does an ex post facto review of the litigation. Holocaust Restitution presents an up-to-date analysis of the Holocaust restitution movement and presents the drama of Holocaust restitution from the perspective of almost all the major players, including plaintiff counsel, defense counsel, judges, diplomats, administrators, corporate defendants, and Jewish representatives. It also includes outside viewpoints from respected commentators, including historians, academics, and Holocaust survivors. It is remarkably comprehensive, does not shy away from controversy, and thoughtfully reflects on the Holocaust and its implications for future international human rights adjudication."
--"Stanford Journal of International Law"

aHolocaust Restitution compiles a group of essays from leading authorities and participants in the Holocaust restitution movement. This book gathers different voices from across the Holocaust restitution movement and does an ex post facto review of the litigation. Holocaust Restitution presents an up-to-date analysis of the Holocaust restitution movement and presents the drama of Holocaust restitution from the perspective of almost all the major players, including plaintiff counsel, defense counsel, judges, diplomats, administrators, corporate defendants, and Jewish representatives. It also includes outside viewpoints from respected commentators, including historians, academics, and Holocaust survivors.It is remarkably comprehensive, does not shy away from controversy, and thoughtfully reflects on the Holocaust and its implications for future international human rights adjudication.a
--"Stanford Journal of International Law"

"Bazyler and Alford have produced an essential tool for understanding the righteous struggle to win restitution for Holocaust victims and their heirs."
--Richard Z. Chesnoff, author of "Pack of Thieves: How Hitler & Europe Plundered the Jews & Committed The Greatest Theft In History"

"This excellent volume makes a significant contribution both to legal studies and to the history of the Holocaust. The editors deserve special praise for including chapters by Holocaust survivors, assuring that their often-forgotten voices are not lost within the great debate about Holocaust restitution."
--Marilyn J. Harran, Stern Chair in Holocaust History, Chapman University

"An invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all victims."
--Israel W. Charny, President, International Association of Genocide Scholars

"This unique collection is important in bringing together the perspectives of legal practitioners, activists, archivists and historians, negotiators, and survivors. It is remarkably comprehensive. . . . The editors have not shied away from controversy."
--David Cesarani, Research Professor in History, Royal Holloway, University of London

"If there is a 'final frontier' in understanding the Holocaust, it is the assessment of international litigation, compensation, and reparations claims. This extraordinary group ofcontributions thoughtfully reflects on the Holocaust, past and present, as well as what many would call 'imperfect justice.'"
--Stephen Feinstein, Professor of History and Director, Center for Holocaust and Genocide Studies, University of Minnesota

"This collection of essays on Holocaust restitution litigation provides a wonderful overview of the subject. Bazyler and Alford have assembled the 'A list' and the result is a most authoritative and complete treatment."
--Professor William A. Schabas, Director, Irish Centre for Human Rights

Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement.

From lawyers and state department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution.

Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and FiorentinaAzizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

3 On 22 February 2002, Jonas Malheiro Savimbi, who led the UNITA rebel move- 4 ment during the bloody armed conflict in Angola and who had battled to take power by force since Angola's independence from Portugal in 1975, was killed in 5 a gun battle with the Angolan Army. During the Cold War, Savimbi was a proxy for the United States against the then-Marxist government of Angola. But after the end of the Cold War, he lost international support for rejecting peace efforts. He was accused of perpetuating a bloody internal conflict to advance his own interests 6 and was exposed to international sanctions. Meanwhile, the government of Presi- 7 dent Jose Eduardo dos Santos moved closer to the United States. The 27-year-long armed conflict is believed to have killed approximately one million people and driven four million others from their homes, creating a humani- 8 tarian crisis. In addition, the conflict destroyed almost all of the country's inf- structure, and effectively disrupted every effort by the government to start the long desired national reconstruction after independence, and the building of prosperity for the nation's children. Savimbi was viewed as the primary obstacle to peace, personifying the 'corrupt- 9 ing influence of ambition, mineral wealth, and the grinding brutality of war'. His 3. 'UNITA' is the Portuguese acronym for 'National Union for the Total Independence of Angola' (Uniao Nacional para a Independencia Total de Angola). It was founded in 1966 by the late Mr Jonas Savimbi."

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States' boundaries: indeed, while remaining a fundamental tool for asserting States' power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens "within" borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States' and international organisations' powers and prerogatives across or "beyond" borders.

This book analyses three major themes: decolonization, sovereignty, and peacekeeping. Their interaction during the national liberation struggle during the Cold War, culminating in the 1956 Suez War, addresses the principle of national sovereignty after World War II in the framework of the UN Charter. The new peacekeeping operations were used in many conflicts, during which the Charter's theory and application were tested. The rise of the USA as the key Western power and Israel's special role in the Middle East have created a new confrontational dynamic for the entire region. The interaction between the book's main themes in the field has led to the principles of peacekeeping in international and national conflicts being reviewed in light of the discredited 'Capstone Doctrine'. The author argues that state sovereignty is sacrosanct, but humanitarian interventions are equally imperative in his view. Striking the right balance is crucial for managing conflicts. The author: * offers a well-informed historical account and an authoritative political analysis * was exposed to UNEF deployments and termination and knows key peacekeeping actors * draws on original documents, memoirs, and interviews * includes unpublished photos and previously unavailable documentary material * has experience in government and academia

The book addresses the question of whether the currently available instruments of international environmental and international humanitarian law are applicable to climate conflicts. It clarifies the different pathways leading from climate change to conflict and offers an analysis of international environmental law embedded within the international doctrine of state responsibility. It goes on to discuss whether climate change amounts to an issue covered by Art. 2.4 UN Charter - the prohibition of the use of force. It then considers the possible application of international humanitarian law to climate conflicts. The book also offers a definition of the term "climate conflict", drawing on legal as well as peace and conflict studies.

The general theme of this volume is contemporary armed conflicts and their implications for international humanitarian law. It is elaborated upon in several chapters, dealing with a variety of topics related to, among other things, the situations in Libya, Transnistria, Mexico, Syria/Iraq (Islamic State) and Israel/Gaza. Besides these chapters that can be connected to the general theme, this volume also contains a chapter dedicated to an international criminal law topic (duress), as well as a Year in Review, describing the most important events and legal developments that took place in 2015. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

The main objective of this book is to make available to an informed audience a le gal and policy oriented study on accountability for serious human rights and inter national humanitarian law violations. It is an attempt to share the lessons learnt in accountability for atrocity crimes as conducted by the International Criminal Tri bunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). The former established subsequent to egregious atrocities that took place in 1994, and the latter following the massive outburst of violence in 1999. The book is based on two cases: Rwanda and East Timor. It is expected that it will serve as reference literature to both the legal community and policy makers on accountability for heinous international crimes. As the international community and States, following serious human rights and international humanitarian law violations have painfully come to terms with their obligations to bring to justice persons in high offices or leadership positions, de jure or de facto, alleged to have committed such crimes, it has also become im perative that beginners mistakes be avoided. When the International Criminal Tri bunal for the Former Yugoslavia (ICTY) was established in 1993, and the ICTR in 1994 and commenced their pioneering mandates there was no template on which the prosecution of individuals most responsible or with the greatest responsibility could be cast. Accountability had to be experimental."

The Birth of the New Justice is a history of the attempts to instate ad hoc and permanent international criminal courts and new international criminal laws from the end of World War I to the beginning of the Cold War. The purpose of these courts was to repress aggressive war, war crimes, terrorism, and genocide. Rather than arguing that these legal projects were attempts by state governments to project a "liberal legalism" and create an international state system that limited sovereignty, Mark Lewis shows that European jurists in a variety of transnational organizations derived their motives from a range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. European jurists at the Paris Peace Conference in 1919 created a controversial new philosophy of prosecution and punishment, and during the following decades, jurists in different organizations, including the International Law Association, International Association for Criminal Law, the World Jewish Congress, and the International Committee of the Red Cross, transformed the ideas of the legitimacy of post-war trials and the concept of international crime to deal with myriad social and political problems. The concept of an international criminal court was never static, and the idea that national tribunals would form an integral part of an international system to enforce new laws was frequently advanced as a pragmatic-and politically convenient-solution. 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 instil particular moral values, represent the interests of certain social groups, and even pursue national agendas. At the same time, their projects to define new types of crimes and ensure that old ones were truly punished also sprang from hopes that a new international political and moral order would check the power of the sovereign nation-state. 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, did not build public support for their ideas, or decided that compromises were better than nothing.

The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC), which entered into force on 29 April 1997, bans an entire category of weapons of mass destruction. The CWC has now been in force for almost twenty years and having 190 States Parties as at July 2014, has almost achieved universal adherence. To achieve its objectives, the CWC established the Organisation for the Prohibition of Chemical Weapons (OPCW). This third edition of 'OPCW: The Legal Texts' brings together the text of the Convention, the interpretative decisions and understandings reached by the organs of the OPCW, policies, rules of procedure, regulations, the conclusions of the three reviews undertaken by the States Parties of the operation of the Convention and key background texts. The volume provides a comprehensive overview of the Convention regime, as it has developed over the past seventeen years. Useful for national authorities responsible for the operation of the Convention in their countries, governmental and non-governmental entities engaged in disarmament issues, legal advisers, practitioners and academics engaged either in disarmament matters, general public international law and treaty law.

This book conducts a gendered critique of the 'principle of distinction' in international humanitarian law (IHL), with a focus on recent conflicts in Africa. The 'principle of distinction' is core to IHL, and regulates who can and cannot be targeted in armed conflict. It states that civilians may not be targeted in attack, while combatants and those civilians directly participating in hostilities can be. The law defines what it means to be a combatant and a civilian, and sets out what behaviour constitutes direct participation. Close examination of the origins of the principle reveals that IHL was based on a gendered view of conflict, which envisages men as fighters and women as victims of war. Problematically, this view often does not accord with the reality in 'new wars' today in which women are playing increasingly active roles, often forming the backbone of fighting groups, and performing functions on which armed groups are highly reliant. Using women's participation in 'new wars' in Africa as a study, this volume critically examines the principle through a gendered lens, questioning the extent to which the principle serves to protect women in modern conflicts and how it fails them. By doing so, it questions whether the principle of distinction is suitable to effectively regulate the conduct of hostilities in new wars. This book will be of much interest to students of international law, gender studies, African politics, war and conflict studies, and international relations.

From 1978 1996 Holocaust denial emerged as a major concern for the liberal democracies of Europe and North America. This period also saw the first prosecutions of Holocaust deniers. But these prosecutions often ran into trouble. Holocaust Denial and the Law relates how courts in four countries (Canada, France, Germany and the United States) resolved the dilemmas posed by Holocaust denial litigation. It also describes how, in the United States, student editors had to decide whether to run ads denying the Holocaust. The book concludes that a given country's resolution of these dilemmas turns on its specific legal traditions and historical experiences. MARKET 1: Law; Politics of Religion; Jewish History

This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children's Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children's fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

This work examines both the failures and successes of intervention by the international community into the internal conflicts that are plaguing the post-Cold War world. It examines the legal framework and the bureaucratic and political realities that govern intervention and helps to explain why performance has been so uneven. The strategy offered by the authors operates within the parameters of legal and political limits to improve effectiveness by increasing international cooperation. Although radical in the context of international intervention, it has strong precedents in both industry and in actual conflict resolution. It involves a move to decentralization of operations to the field, permitting those on the scene to exercise far greater responsibility than is now the case. It details models of success and argues that effective decentralization can be institutionalized. For this proposed strategy to be effective, reponsible leadership of international organizations and their member states requires reassurance. This reassurance can be provided by a process of systematic and joint planning for intervention performed at the highest level as well as by careful training within civilian agencies that deal with diplomacy or humanitarian services. All of the arguments and strategies developed by the authors are supported with examples developed from case studies of how to effectively accomplish their goal of mitigating the outbreaks of violent conflicts through improved international cooperation in intervention.

The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).

Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law - war crimes, genocide, crimes against humanity and aggression - should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya. Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute.

Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years. It analyses Latin America's main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America's protection of refugees.

This volume contains several articles on the topic 'Detention in non-international armed conflict', including the Copenhagen Process, and moreover features contributions on autonomous weapons systems, Apartheid and the second Turkel Report. It also contains an elaborate Year in Review and a special section on the high-level Boundaries of the Battlefield symposium, including a conference report and several in-depth reflections on various other aspects of the symposium. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states' obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
"

This book presents a case study of human trafficking from Nigeria to the UK, with a focus on practical measures for ending this trafficking. The study addresses the many aspects of human trafficking, including sexual exploitation, domestic servitude, labor exploitation, benefit fraud, and organ harvesting. Despite the huge investment of the international community to eradicate it, this form of modern day slavery continues, and the author urges stakeholders to focus not only on criminals but also on attitudes, cultures, laws and policies that hinder the eradication of modern slavery.