Rule of Law in War places international law at the centre of the transformation of United States counterinsurgency (COIN) that occurred during the Iraq and Afghanistan wars. It claims international law matters more than is often assumed and more than we have previously been able to claim, contradicting existing theoretical assumptions. In particular, the book contends international law matters in a case that may be regarded as particularly tough for international law, that is, the development of a key military doctrine, the execution of that doctrine on the battlefield, and the ultimate conduct of armed conflict. To do so, the book traces international law's influence in the construction of modern U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006. It then assesses how international law's doctrinal interaction held up in Iraq and Afghanistan. The account of this doctrinal change is based on extensive access to the primary actors and materials, including FM 3-24's drafting history, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.

Human Rights Indicators: A Guide to Measurement and Implementation aims to assist in developing quantitative and qualitative indicators to measure progress in the implementation of international human rights norms and principles. It describes the conceptual and methodological framework for human rights indicators recommended by international and national human rights mechanisms and used by a growing number of governmental and non-governmental actors. It provides concrete examples of indicators identified for a number of human rights - all originating from the Universal Declaration of Human Rights - and other practical tools and illustrations, to support the realisation of human rights at all levels. The Guide will be of interest to human rights advocates as well as policymakers, development practitioners, statisticians and others who are working to make human rights a reality for all.

The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books and a DVD and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor v. Brima, Kamara and Kanu. It contains the full text of all substantive judicial decisions, including the majority, separate and concurring as well as dissenting opinions. It additionally provides relevant information for a better understanding of the case, such as the indictments, a list of admitted exhibits and a list of documents on the case file. The book, which is only the first in a series of edited law reports that will capture the entire jurisprudential legacy of the tribunal, fills the gap for a single and authoritative reference source of the tribunal s jurisprudence. It is intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions as well as anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone. N.B.: The hardback copy of this title contains a DVD with documents. The e-book version does not.

Despite the disasters of Iraq, Afghanistan, Syria and ever more visible evidence of the horrors of war, the concepts of 'Humanitarian Intervention' and 'Just War' enjoy widespread legitimacy and continue to exercise an unshakeable grip on our imaginations. Robin Dunford and Michael Neu provide a clear and comprehensive critique of both Just War Theory and the Responsibility to Protect (R2P) doctrine, deconstructing the philosophical, moral and political arguments that underpin them. In doing so, they show how proponents of Just War and R2P have tended to treat killing in a way which obscures the complex and often messy reality of war, and pays little heed to the human impact of such conflicts. Going further, they provide answers to such difficult questions as 'Surely it would have been just for us to intervene in the Rwandan genocide?' An essential guide to one of the most difficult moral and political issues of our age.

Since the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain and restore security within a country. The operations are established under Chapter VII of the UN Charter and some are empowered to use 'all necessary measures', language traditionally reserved for enforcement operations. Through a close examination of these twenty-first century peacekeeping operations - including operations in Sierra Leone, the Democratic Republic of the Congo, Liberia, Cote d'Ivoire, Haiti and the Darfur region of the Sudan - the book shows that they are, for the most part, fundamentally ill-suited to the enforcement-type tasks being asked of them. The operations, which are under-funded, under-equipped and whose troops are under-trained, frequently lurch from crisis to crisis. There is scant evidence, some 10 years on, that matters are likely to improve. The book argues that bestowing enforcement-type functions on a peacekeeping operation is misconceived. Such operations are likely to be unsuccessful in their enforcement-type tasks, thereby causing serious damage to the excellent reputation of UN peacekeeping, and the UN more broadly. In addition, because such operations are more likely to be perceived as partial, their ability to carry out traditional (non-forceful) peacekeeping tasks may be impeded. Finally, the Security Council's practice of charging peacekeeping operations with enforcement functions lessens the pressure on the Council to work to establish genuine enforcement operations - ie, operations that are considerably better suited to restoring peace and security. '...Dr Sloan is able to show, in knowledgeable detail, not only what has changed over the years, but also what has brought these changes about. His analysis leads him to offer not only well-informed insights, but critical observations, too...This book is a pleasing combination of detailed scrutiny of topics already familiar (provisional measures, consent, so-called 'Chapter VI1/2' action, implied powers) and a rigorous questioning as to their place in - or indeed, relevance at all to - militarised peacekeeping. The reader will find much new terrain traversed, and plenty of out-of-the-box thinking.' From the foreword by Dame Rosalyn Higgins

This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures.
The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.

Against the backdrop of the British-American law-making and war-making of the first decade of the millennium, Fighting Monsters considers: how the way we think about law affects the way we make war and how the way we think about war affects the way we make law. The discussion is founded upon four of the martial phenomena that unsettle our complacent and flabby understandings of what law is to a liberal democracy: aggressive or 'pre-emptive' war, targeted killings, torture, and arbitrary detention. The book argues, first, that force is a quintessential - albeit ambivalent - element of any realistic, serviceable, and intellectually coherent concept of law. Second, reappraising the classic question at the intersection of martial doctrine and political philosophy in its contemporary context, the book asserts that we need not, in fighting monsters, become monstrous ourselves; that fighting partisans does not entail our own partisanship; and that we can indeed govern without dirtying our hands. Seeking to ground a total, essentialist, and practical theory of legality's sordid relationship with brutality, this broad, coherent, and original book encompasses: language and image * war and crime * liberty, security, and rationality * amity, enmity, and identity * sex, terror, and perversion * temporality, spirituality, and sublimity * economy and hegemony * parliaments, the press, and the public man.

Genocide and Political Groups provides a comprehensive examination of the crime of genocide in connection with political groups. It offers a detailed empirical study of the current status of political groups under customary international law, as well as a comprehensive theoretical analysis of whether political genocide should be recognized as a separate crime by the international community.
The book discusses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences -notably crimes against humanity and war crimes- are not workable substitutes for a specific offence that protects political groups.
This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies that theory in evaluating whether political groups are legitimate candidates for specific protection from physical and biological destruction 'as such'.
The writing includes an exhaustive analysis of state practice and opinio juris on the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to this legal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.

As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal. Hector Olasolo's book is indispensible to anyone interested in bringing top leaders, political or military, to account for their complicity in crimes. A.G. Noorani Frontline September 2009

The Euro Area, the Schengen Area, and Airbus - the 'Anglosphere', the Franco-German 'motor' and Nordic cooperation - each illustrates how differentiation has become a pervasive feature of European integration. Which Europe? offers an authoritative and comprehensive examination of differentiated integration in its functional and its territorial aspects. It focuses on its implications for both the practice and the theory of European integration. Is it strengthening or weakening the EU and its Member States? Are territorial identities being undermined or strengthened? Are new theories of integration required? In particular, this book looks at the relationship between the growth in use of differentiated integration and the widening of European Union membership, the broadening in its policy scope, and the deepening in integration.

Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.

At the 2005 UN World Summit, world leaders endorsed the international principle of Responsibility to Protect (R2P), acknowledging that they had a responsibility to protect their citizens from genocide and mass atrocities and pledging to act in cases where governments manifestly failed in their responsibility. This marked a significant turning point in attitudes towards the protection of citizens worldwide.
This important new book charts the emergence of this principle, from its origins in a doctrine of sovereignty as responsibility, through debates about the legitimacy of humanitarian intervention and the findings of a prominent international commission, and finally through the long and hard negotiations that preceded the 2005 commitment. It explores how world leaders came to acknowledge that sovereign rights entailed fundamental responsibilities and what that acknowledgment actually means. The book goes on to analyze in detail the ways in which R2P can contribute to the global effort to end genocide and mass atrocities. Focusing on the prevention of these crimes and the improvement of the world's reaction to them, the book explores the question of how to build sustainable peace in their aftermath. Alex J. Bellamy argues that although 2005 marked an important watershed, much more work is needed to defend R2P from those who would walk away from their commitments and - in the words of UN Secretary-General Ban Ki-moon - to translate the principle 'from words into deeds'.
This fascinating book will appeal to students and scholars of international relations, international affairs, human rights and humanitarian emergencies, as well as anyone concerned about the protection of civilians on a global scale

Though the Qatar 2022 FIFA Men's World Cup is for many a symbol of long-standing corruption and human rights problems, the event may actually represent something entirely new. Megasports are now demonstrating a capacity to leave what this book calls a human rights and anti-corruption legacy: norms, practices, policies, or laws that have application beyond sport, are likely to endure after the event, and the implementation of which is accelerated by hosting the event. In the 2010s, Brazil's hosting of the FIFA Men's World Cup and Summer Olympics, and then South Korea's hosting of the Winter Olympics, left what this book calls reactive, accidental, and one-dimensional anti-corruption legacies. Most would be shocked to find that Qatar now moves this legacy concept forward, undertaking to create megasports' first intentional and proactive human rights legacy. The first and perhaps best opportunity to build a proactive, intentional, and two-dimensional human rights and anti-corruption legacy lies in France, as it prepares to host the 2024 Paris Summer Olympics while implementing new landmark anti-corruption and human rights laws. The concept may still advance in Australia and New Zealand (2023 FIFA Women's World Cup) and Italy (2026 Milan Cortina Winter Olympics). However, the United Bid of Canada, the United States, and Mexico has promised the first proactive, intentional, and two-dimensional legacy around the 2026 FIFA Men's World Cup. The book analyzes existing megasport policies and practices, then suggests reforms to acknowledge and support these new legacies.

Over the past 150 years, the International Committee of the Red Cross (ICRC) has been one of the main drivers of progressive development in international humanitarian law, whilst assuming various roles in the humanization of the laws of war. With select contributions from international experts, this book critically assesses the ICRC's unique influence in international norm creation. It provides a detailed analysis of the workings of the International Red Cross, Red Crescent Movement and ICRC by addressing the milestone achievements as well as the failures, shortcomings and controversies over time. Crucially, the contributions highlight the lessons to be learnt for future challenges in the development of international humanitarian law. This book will be of particular interest to scholars and students of international law, but also to practitioners working in the field of international humanitarian law at both governmental and non-governmental organizations.

When Adolph Eichmann stood trial in Jerusalem in 1961, Israel and the rest of the world experienced a reaction unlike any other produced by proceedings against a Nazi war criminal. Although some details about the Holocaust were generally known by the early sixties, the painful topic had slipped from public discussion as countries touched by World War II moved on to other pressing matters. Among Israeli Jews fighting for a new homeland, the near-extermination of European Jewry was misunderstood as an embarrassment -- an instance of Jewish impotence in the face of victimization by the Nazis. However, as the head of Hitler's Race and Resettlement Office stood trial on Israeli soil under the eye of the international media and Israeli survivors told their powerful stories to the world, the Holocaust became a defining experience for Zionism and human history.

Facing the Glass Cage, being published in English for the first time, is a detailed account of Eichmann's trial by the poet and journalist Haim Gouri, who was assigned to cover the event by the Israeli daily newspaper Lamerhav. The trial changed attitudes toward the Holocaust, and Gouri's reporting was the literary catalyst of this change. Packed with tension, Gouri's riveting descriptions of the testimony reveal a marked shift in attitudes toward Holocaust survivors in Israeli society. He admits to his initial skepticism toward these witnesses, and yet he learns much from them. Gouri's account is both a fascinating historical document and a chronicle of an extraordinary poet's encounter with one of the most terrible events of our times.

The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal. CONTENTS PART 1 THE GENEALOGY OF HUMAN RIGHTS 1 The Triumph of Human Rights 2 A Brief History of Natural Law I: The Classical Beginnings 3 A Brief History of Natural Law II: From Natural Law to Natural Rights 4 Natural Right in Hobbes and Locke 5 Revolution and Declarations: The Rights of Men, Citizens and Few Others 6 The Triumph of Humanity: From 1789 to 1989 and from Natural to Human Rights PART 2 THE PHILOSOPHY OF HUMAN RIGHTS 7 The Classical Critiques of Rights: Burke and Marx 8 Subjectum and Subjectus: The Free and Subjected Subject 9 Law's Subjects: Rights and Legal Humanism 10 Hegel's Law: Rights and Recognition 11 Psychoanalysis Becomes the Law: Rights and Desire 12 The Imaginary Domain and the Future of Utopia 13 The Human Rights and the Other 14 The End of Human Rights

In this revised edition, Professor Bassiouni persuasively establishes the legal validity of the Nuremberg Charter and describes the evolution of crimes against humanity' from 1945 to the 1998 ICC Statute. The book's comprehensive historical and legal analysis starts with the origins of this crime in the international regulation of armed conflicts and covers the Nuremberg, Tokyo and Allied Prosecutions after World War II, and subsequent national prosecutions, as well as the Statutes of the ICTY, ICTR and their jurisprudence, and the Statute of the ICC. The Nuremberg Charter first established crimes against humanity' in positive international criminal law, but it raised lingering legal issues. The book examines the ten different international legal formulations which were developed at that time, particularly their overlap with genocide and war crimes, and sorts out the confusion regarding the legal characteristics of this crime. The meticulous and thorough analysis of all relevant legal issues, many of which are not covered elsewhere, includes: principles of legality, criminal responsibility for decision-makers and others, command responsibility, obedience to superior orders and other defences, specific contents and their counterpart in national laws, policy considerations, and the applicability of this crime to non-State actors. The wealth of information and detailed discussion of international and national prosecutions and their failures make a compelling case for more effective enforcement in the future. The author brings to this book his well-known scholarship and unique practical experiences as Chairman of the UN Commission that investigated these crimes in the former Yugoslavia, andas Chairman of the ICC's Drafting Committee in Rome. The breadth and depth of this exhaustively documented book makes it the definitive authority on crimes against humanity'.

The many terms and legal expressions in the discourse of human rights are often unknown or misunderstood in their international context. Yet human rights have their ultimate expression in the international legal context: in international treaties, declarations, country-specific or thematic reports, decisions of administrative or quasi-judicial bodies, and court judgments, all of which employ legal terminology. The same is increasingly so in the national legal context, which looks to the international context as a source of law and legal interpretation. "A Handbook of International Human Rights Terminology" is a much-needed tool that provides access to the developing language of human rights and aids in full comprehension of human rights theory and issues. In this convenient handbook almost eight hundred key terms and acronyms commonly used in international and national human rights discourse are defined in non-technical language. Included are definitions of foreign language terminology, including many Latin terms. A useful appendix contains the full text of the four principal international human rights instruments that constitute the International Bill of Rights, along with an internationally accepted list of the specific substantive human rights contained in those instruments. An accessible introduction for students and newcomers to the field of human rights, this handbook will also serve as an indispensable reference for specialists.

The UK's new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process. The papers in this volume,arising from the second Cambridge Centre for Public Law conference consider the Act's impact on investigation and surveillance, on evidence, procedure and the substantive law applied at trials and hearings, and at the post-trial stage e.g. sentencing and post-report action in respect of DTI Inspection. Contributions from many of the country's leading criminal and regulatory lawyers (both academic and practising) make this volume an important and original source for all criminal lawyers.

Does an emergent democracy have an obligation to prosecute its former dictators for crimes against humanity-for what Arendt and Kant called "radical evil"? What impact will such prosecutions have on the future of democracy? In this book, Carlos Santiago Nino offers a provocative first-hand analysis of developments in Argentina during the 1980s, when a brutal military dictatorship gave way to a democratic government. Nino played a key role in guiding the transition to democracy and in shaping the human rights policies of President Raul Alfonsin after the fall of the military junta in 1983. The centerpiece of Alfonsin's human rights program was the trial held in a federal court in Buenos Aires in 1985, which resulted in the convictions of five of the leading members of the junta that ruled the country from 1976 to 1983. Placing the Argentine experience in the context of the war crimes trials at Nuremberg, Tokyo, and elsewhere, Nino examines the broader questions raised by human rights trials. He considers their political repercussions and their potential for strengthening the new democratic government. He explains why prosecutions for human rights violations should be grounded on a theory of the criminal law that emphasizes the preventive rather than retributive functions of punishment. Nino rejects the obligation to punish perpetrators of radical evil and argues instead for a more forward-looking duty-to safeguard democracy. This, he believes, is what ultimately justified the Argentine trials and should be the focus of any international action.