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Books > Law > International law > Public international law > International humanitarian law

The U.S. War Crimes Trial Program in Germany, 1946-1955 (Hardcover): Frank M. Buscher The U.S. War Crimes Trial Program in Germany, 1946-1955 (Hardcover)
Frank M. Buscher
R2,760 Discovery Miles 27 600 Ships in 10 - 15 working days

Although more than 40 years have passed since the end of World War II, the subject of Nazi war criminals remains a timely and emotionally charged topic of interest to scholars as well as the general public. Administered jointly by the four major Allies, the Nuremberg trial of Hermann Goering and Joachim von Ribbentrop, among other Nazi leaders, has drawn much attention over the years. It was the U.S. Army, however, which was most active in bringing Nazi war criminals to justice and, between 1944 and 1947, the army prosecuted 1,672 individuals for violations of the laws of war. Most of the army's trials remained obscure and little-noticed, even though they dealt with almost 90 percent of all defendants in the American zone. This study examines the treatment of prominent and lesser-known war criminals in the U.S. Zone of Occupation, covering both the trial and clemency aspects of the American war crimes program. In addition, it also explores the relationship between the war criminals issue and U.S. efforts to democratize the Germans, German nationalism, U.S. constitutional issues, the cold war and German rearmament in the 1950s. Finally, the study analyzes the extent to which the U.S. Army war crimes program achieved its stated goals. Based on unpublished sources from both the United States and West Germany, many of which have only recently been declassified, this book provides fresh insight on Nazi war criminals and their treatment, as well as important issues relating to post-war Germany. This book will be of special interest to scholars and historians specializing in European and modern history, post-war Germany, U.S. foreign relations since World War II, the Holocaust, and U.S.military justice and war criminals.

Nuclear Non-proliferation and Arms Control Verification - Innovative Systems Concepts (Hardcover, 1st ed. 2020): Irmgard... Nuclear Non-proliferation and Arms Control Verification - Innovative Systems Concepts (Hardcover, 1st ed. 2020)
Irmgard Niemeyer, Mona Dreicer, Gotthard Stein
R5,294 Discovery Miles 52 940 Ships in 12 - 19 working days

This book strives to take stock of current achievements and existing challenges in nuclear verification, identify the available information and gaps that can act as drivers for exploring new approaches to verification strategies and technologies. With the practical application of the systems concept to nuclear disarmament scenarios and other, non-nuclear verification fields, it investigates, where greater transparency and confidence could be achieved in pursuit of new national or international nonproliferation and arms reduction efforts. A final discussion looks at how, in the absence of formal government-to-government negotiations, experts can take practical steps to advance the technical development of these concepts.

Border Politics - Defining Spaces of Governance and Forms of Transgressions (Hardcover, 1st ed. 2017): Cengiz Gunay, Nina Witjes Border Politics - Defining Spaces of Governance and Forms of Transgressions (Hardcover, 1st ed. 2017)
Cengiz Gunay, Nina Witjes
R4,184 Discovery Miles 41 840 Ships in 10 - 15 working days

In the light of mass migration, the rise of nationalism and the resurgence of global terrorism, this timely volume brings the debate on border protection, security and control to the centre stage of international relations research. Rather than analysing borders as mere lines of territorial demarcation in a geopolitical sense, it sheds new light on their changing role in defining and negotiating identity, authority, security, and social and economic differences. Bringing together innovative and interdisciplinary perspectives, the book examines the nexus of authority, society, technology and culture, while also providing in-depth analyses of current international conflicts. Regional case studies comprise the Ukraine crisis, Nagorno-Karabakh, the emergence of new territorial entities such as ISIS, and maritime disputes in the South China Sea, as well as the contestation and re-construction of borders in the context of transnational movements. Bringing together theoretical, empirical and conceptual contributions by international scholars, this Yearbook of the Austrian Institute for International Affairs offers novel perspectives on hotly debated issues in contemporary politics, and will be of interest to researchers, graduate students and political decision makers alike.

The 1998-2000 War Between Eritrea and Ethiopia - An International Legal Perspective (Hardcover): Andrea De Guttry, Gabriella... The 1998-2000 War Between Eritrea and Ethiopia - An International Legal Perspective (Hardcover)
Andrea De Guttry, Gabriella Venturini, Harry H. G. Post
R3,534 R3,253 Discovery Miles 32 530 Save R281 (8%) Ships in 12 - 19 working days

The war that raged between Eritrea and Ethiopia from 1998 to 2000 has caused great loss of life and tremendous devastation. This book analyses from an international legal perspective the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves as well as developments in the aftermath of the military activities, like the role of the UN peace-keeping deployment and the responsibility for the multitude of explosive remnants of the war. The authors address the complex issues of responsibility for the use of force, violations of humanitarian law and 'borderline' issues regarding situations where the law of armed conflict and the (successive) law of peace meet. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. The analysis of this war is not limited to international legal issues, but has been placed in a wider than strictly legal perspective. It is a valuable work for academics and practitioners in international law, political scientists, diplomats, civil servants and historians. Andrea de Guttry is Professor of International Law at the Scuola Superiore Sant'Anna di Studi Universitari e di Perfezionamento, Pisa, Italy. Harry Post is Professor of International Law at the Universita degli Studi di Modena e Reggio Emilia, Italy. Gabriella Venturini is Professor of International Law at the University of Milan, Italy.

Mass Atrocity, Ordinary Evil, and Hannah Arendt - Criminal Consciousness in Argentina`s Dirty War (Hardcover, New): Mark J.... Mass Atrocity, Ordinary Evil, and Hannah Arendt - Criminal Consciousness in Argentina`s Dirty War (Hardcover, New)
Mark J. Osiel
R1,823 Discovery Miles 18 230 Ships in 12 - 19 working days

Is it possible that the soldiers of mass atrocities-Adolph Eichmann in Nazi Germany and Alfredo Astiz in Argentina's Dirty War, for example-act under conditions that prevent them from recognizing their crimes? In the aftermath of catastrophic, state-sponsored mass murder, how are criminal courts to respond to those who either gave or carried out the military orders that seem unequivocally criminal? This important book addresses Hannah Arendt's controversial argument that perpetrators of mass crimes are completely unaware of their wrongdoing, and therefore existing criminal laws do not adequately address these defendants. Mark Osiel applies Arendt's ideas about the kind of people who implement bureaucratized large-scale atrocities to Argentina's Dirty War of the 1970s, and he also delves into the social conditions that could elicit such reprehensible conduct. He focuses on Argentine navy captain Astiz, who led one of the most notorious abduction squads, to discover how he and other junior officers could justify the murders of more than ten thousand suspected "subversives." Osiel concludes that legal stipulations labeling certain deeds as manifestly illegal are indefensible. He calls for a significant change in the laws of war to preserve both justice and the possibility of dialogue between factions in such sharply divided societies as Argentina. Osiel's proposals have profound implications for future prosecutions of Pinochet's lieutenants, Milosevic's henchmen, the willing executioners of Rwanda and East Timor, and other perpetrators of state-endorsed murder and torture.

Self-Defence as a Fundamental Principle (Hardcover, Edition.): Arthur Eyffinger, Alan Stephens, Sam Muller Self-Defence as a Fundamental Principle (Hardcover, Edition.)
Arthur Eyffinger, Alan Stephens, Sam Muller
R1,549 Discovery Miles 15 490 Ships in 10 - 15 working days

Within societies, on a national level, self-defence may be used as a defence against the use of force in order to prevent crime against oneself, a fellow human being or even property. Between societies on the international level, self-defence was traditionally linked to the concept of armed attack. However, in today's world, new forms of aggression, the concept of collective security, and an increasing interaction between national and international law necessitate a reassessment of the concept of self-defence. The first session of the Hague Colloquium on the Fundamental Principles of Law, on the topic of self-defence and honouring Shabtai Rosenne, the first Laureate of the Hague Prize for Intenational Law, brought together experts from both academic and professional circles to debate the notion of self-defence in the world of today. Both the Colloquium and this subsequent publication make a valuable contribution to the development of the law by recognising the sources of the principle of self-defence, and the theories underlying it, by following its path of evolution and by reassessing its current status. The essays are accompanied by a remarkably full and useful bibliography and by documentary materials, many of which are difficult to obtain elsewhere. This book will contribute constructively to stimulating scholarship and research in the field of self-defence; it provides food for thought, and will hopefully inspire more colloquia and publications on the topic. Arthur Eyffinger is Director of JUDICAP, a research centre and publishing house in the field of internationalism. Alan Stephens is Director of Research at the Clemens Nathan Research Centre. Sam Muller is Director of the Hague Institute for the Internationalisation of Law (HiiL).

War Crimes Law Comes of Age - Essays (Hardcover): Theodor Meron War Crimes Law Comes of Age - Essays (Hardcover)
Theodor Meron
R4,473 Discovery Miles 44 730 Ships in 12 - 19 working days

Theodor Meron is probably the world's most important author on issues of international humanitarian law. This book is a collection of his essays on war crimes and related areas, together with a new concluding chapter, from which the book takes its title, which brings together the themes explored in the essays.

The African Criminal Court - A Commentary on the Malabo Protocol (Hardcover, 1st ed. 2017): Gerhard Werle, Moritz Vormbaum The African Criminal Court - A Commentary on the Malabo Protocol (Hardcover, 1st ed. 2017)
Gerhard Werle, Moritz Vormbaum
R4,389 Discovery Miles 43 890 Ships in 10 - 15 working days

This book offers the first comprehensive and in-depth analysis of the provisions of the 'Malabo Protocol'-the amendment protocol to the Statute of the African Court of Justice and Human and Peoples' Rights-adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples' Rights with jurisdiction over international and transnational crimes, hence an 'African Criminal Court'. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universitat zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi'an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Munster (Germany) and his postdoctoral degree from Humboldt-Universitat zu Berlin. He is a Senior Researcher at Humboldt-Universitat, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation... Beyond Genocide: Transitional Justice and Gacaca Courts in Rwanda - The Search for Truth, Justice and Reconciliation (Hardcover, 1st ed. 2018)
Pietro Sullo
R3,651 Discovery Miles 36 510 Ships in 10 - 15 working days

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

International Humanitarian Law and Terrorism (Hardcover, New): Andrea Bianchi, Yasmin Naqvi International Humanitarian Law and Terrorism (Hardcover, New)
Andrea Bianchi, Yasmin Naqvi
R5,289 Discovery Miles 52 890 Ships in 12 - 19 working days

This book carefully and thoroughly analyses the legal questions raised by the phenomenon of terrorism, and past and recent efforts to fight it, from the perspective of international humanitarian law (IHL). The objective is to substantially contribute to a better understanding of the issues surrounding the content and applicability of IHL as it applies to terrorism as well as to analyse and contextualise the current debates on these controversial and critically important questions. While due heed is paid to doctrinal debates, particular emphasis is placed on the practice of social actors, particularly, although not exclusively, States. The analysis of their actual conduct as well as their expectations about the interpretation and application of the law is crucial to establishing an interpretive consensus on when and how IHL is relevant to regulate acts of terrorism. The approach of the book is analytical and discursive, rather than prescriptive. Thus the reader will find the relevant rules of IHL and other legal regimes as regards terrorism, but also the debates over their application, the contradictions in State practice and the impact these may have upon IHL's evolution and implementation. The aim is to provide legal practitioners, as well as those in military, political and academic circles, with a useful reference point. Hopefully the book will also prove useful to other readers who will find its content and easy-to-read style an encouragement to getting acquainted with a topical subject, traditionally thought to be reserved for legal specialists. This book was cited with approval by the US Court of Appeals in Salim Ahmed Hamdan v United States of America, 16th October 2012

Judging War Criminals - The Politics of International Justice (Hardcover): Y. Beigbeder Judging War Criminals - The Politics of International Justice (Hardcover)
Y. Beigbeder
R2,877 Discovery Miles 28 770 Ships in 10 - 15 working days

In June 1998, diplomats met in Rome to draft the Statute of an International Criminal Court. Based on the precedents of the Nuremberg and Tokyo Tribunals and of the War Crimes Tribunals for Former Yugoslavia and Rwanda, the new Court will judge individuals, not States. Unpunished mass slaughters have occurred in many countries. National justice is often ineffective. Truth and reconciliation commissions complement but do not replace justice. International 'Peoples' Tribunals have no international legitimacy. It is hoped that a permanent, international criminal court may combat impunity and deter more crimes.

Yearbook of International Humanitarian Law - 2001 (Hardcover, Edition.): Horst Fischer Yearbook of International Humanitarian Law - 2001 (Hardcover, Edition.)
Horst Fischer; Edited by Avril McDonald, John Dugard, William Fenrick, Hans-Peter Gasser, …
R4,867 Discovery Miles 48 670 Ships in 10 - 15 working days

The defining moments of 2001, the terrorist attacks of September 11 against the UnitedStatesofAmerica, markedaturningpointininternational lawandrelations. Bytheirscaleandaudaciousness, overnighttheyhelpedtopropeltheissueofint- national terrorism to the top of the international security agenda and particularly that of the USA, with consequences for many branches of international law, including the jus ad bellum, the jus in bello, international law relating to terrorism, international human rights law and international criminal law, that were just beginning to be felt as the year closed. The September 11 attacks were immediately characterised by the United States 3 as an act of war, an armed attack on such ascale asto constitute an armed conflict. Its immediate response was to declare a so-called 'Global War on Terrorism'. Avowedly acting in self-defense, on 7 October the US launched armed attacks against Afghanistan, notbecause Afghanistan wasconsidered tobelegally resp- sible for the September 11 attacks but for harbouring and refusing to surrender members of Al Qaeda, including its leader, Osama Bin Laden, and refusing to dismantle terrorist training camps. Although the main target of the attacks was Al Qaeda, the armed conflict that ensued was an international armed conflict between the US and its allies and the state of Afghanistan, notwithstanding that the US never recognised the Taleban as the government of Afghanistan.

The Oxford Handbook of International Law in Armed Conflict (Hardcover, New): Andrew Clapham, Paola Gaeta The Oxford Handbook of International Law in Armed Conflict (Hardcover, New)
Andrew Clapham, Paola Gaeta
R6,384 Discovery Miles 63 840 Ships in 12 - 19 working days

Which human rights violations or war crimes allegations result in exclusion from the refugee regime? What human rights protections apply to someone declared an unlawful combatant? Which human rights obligations apply to the actions of armed forces acting abroad? Over the past ten years the content and application of international law in armed conflict has changed dramatically. An authoritiative and comprehensive study of the role of international law in armed conflicts, this Oxford Handbook engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, this book has a global, multi-disciplinary perspective on the place of law in war.
The Handbook consists of 35 Chapters in seven parts. Part A provides the historical background and sets out some of the contemporary challenges. Part B considers the relevant sources of international law. Part C describes the different legal regimes: land warfare, air war fare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part D introduces crucial concepts in international humanitarian law: weapons and the concepts of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, and internal armed conflict. Part E looks at fundamental rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, the human rights of the members of the armed forces, and the protection of children. Part F covers important issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, refugee law, and the issues of gender in times of armed conflict. Part G deals with accountability issues including those related to private security companies and armed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice.

Universal Jurisdiction: The Sierra Leone Profile (Hardcover, 2015 ed.): Justice Bankole Thompson Universal Jurisdiction: The Sierra Leone Profile (Hardcover, 2015 ed.)
Justice Bankole Thompson
R3,165 R1,914 Discovery Miles 19 140 Save R1,251 (40%) Ships in 12 - 19 working days

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.

War Crimes, Genocide, and the Law - A Guide to the Issues (Hardcover): Arnold Krammer War Crimes, Genocide, and the Law - A Guide to the Issues (Hardcover)
Arnold Krammer
R2,521 Discovery Miles 25 210 Ships in 10 - 15 working days

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

Holocaust Restitution - Perspectives on the Litigation and Its Legacy (Hardcover): Michael J. Bazyler, Roger P. Alford Holocaust Restitution - Perspectives on the Litigation and Its Legacy (Hardcover)
Michael J. Bazyler, Roger P. Alford
R3,132 Discovery Miles 31 320 Ships in 10 - 15 working days

View the Table of Contents. Read the Introduction.

"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.

Damages for Violations of Human Rights - A Comparative Study of Domestic Legal Systems (Hardcover, 1st ed. 2016): Ewa Baginska Damages for Violations of Human Rights - A Comparative Study of Domestic Legal Systems (Hardcover, 1st ed. 2016)
Ewa Baginska
R4,611 Discovery Miles 46 110 Ships in 12 - 19 working days

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.

Yearbook of International Humanitarian Law - 2002 (Hardcover, Edition.): Horst Fischer Yearbook of International Humanitarian Law - 2002 (Hardcover, Edition.)
Horst Fischer; Edited by Avril McDonald
R4,593 Discovery Miles 45 930 Ships in 10 - 15 working days

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."

Borders, Legal Spaces and Territories in Contemporary International Law - Within and Beyond (Hardcover, 1st ed. 2019): Tommaso... Borders, Legal Spaces and Territories in Contemporary International Law - Within and Beyond (Hardcover, 1st ed. 2019)
Tommaso Natoli, Alice Riccardi
R4,586 Discovery Miles 45 860 Ships in 12 - 19 working days

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.

Decolonization, Sovereignty, and Peacekeeping - The United Nations Emergency Force (UNEF), 1956-1967 (Hardcover, 1st ed. 2020):... Decolonization, Sovereignty, and Peacekeeping - The United Nations Emergency Force (UNEF), 1956-1967 (Hardcover, 1st ed. 2020)
Hanny Hilmy
R2,955 Discovery Miles 29 550 Ships in 10 - 15 working days

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

Climate Conflicts - A Case of International Environmental and Humanitarian Law (Hardcover, 1st ed. 2016): Silke Marie... Climate Conflicts - A Case of International Environmental and Humanitarian Law (Hardcover, 1st ed. 2016)
Silke Marie Christiansen
R3,854 R3,572 Discovery Miles 35 720 Save R282 (7%) Ships in 12 - 19 working days

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.

Yearbook of International Humanitarian Law  Volume 18, 2015 (Hardcover, 1st ed. 2016): Terry D Gill Yearbook of International Humanitarian Law Volume 18, 2015 (Hardcover, 1st ed. 2016)
Terry D Gill
R5,352 Discovery Miles 53 520 Ships in 12 - 19 working days

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.

Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor (Hardcover, 2005 ed.): Mohamed... Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor (Hardcover, 2005 ed.)
Mohamed Othman
R4,578 Discovery Miles 45 780 Ships in 10 - 15 working days

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."

Yearbook of International Humanitarian Law 2011 - Volume 14 (Hardcover, 2012 ed.): Michael N. Schmitt, Louise Arimatsu Yearbook of International Humanitarian Law 2011 - Volume 14 (Hardcover, 2012 ed.)
Michael N. Schmitt, Louise Arimatsu
R2,972 Discovery Miles 29 720 Ships in 10 - 15 working days

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.

OPCW: The Legal Texts (Hardcover, 3rd ed. 2015): Organisation for the Prohibition OPCW: The Legal Texts (Hardcover, 3rd ed. 2015)
Organisation for the Prohibition
R5,780 Discovery Miles 57 800 Ships in 10 - 15 working days

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.

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