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In 1993, the United Nations Security Council set up an ad hoc tribunal to bring to trial those accused of the worst breaches of humanitarian law in the war-torn former Yugoslavia, thus setting in motion a process which has significantly raised the profile and importance of international criminal justice. Whether through a proliferation of international criminal courts and tribunals, or by the many pronouncements in domestic courts on international crimes, the patchwork of disparate rules, principles, conventions, and treaties is now taking discernible shape, and a distinct corpus of law operating across diverse cultures and varied legal traditions is rapidly emerging. Responding to these momentous developments, this new title from Routledge's Major Works series, Critical Concepts in Law, addresses the acute need for an authoritative reference work that traces the evolution of the emerging discipline of international criminal law. The learned editors aver that now is the time to take stock and make some sense of the subject's dauntingly vast literature, to identify a canon, and to engage with its key concepts. Selected by Antonio Cassese, the first President of the Yugoslavia Tribunal and the author of some of the most influential books on the subject, and a small team of noted scholars, this new four-volume collection assembles the best scholarship from the time of Nuremberg and Tokyo to the present day. The volume editors have realized an ambitious aim. Not only does International Criminal Law bring together ground-breaking material sourced from a wide range of academic journals, edited collections, textbooks, and monographs, many of which are now hard to obtain, the editors also illuminate the much broader-and fundamental-issues related to impunity, guilt, restitution, and social reconciliation. With a full index and a comprehensive introduction, International Criminal Law is an essential, authoritative, and accessible work of reference for scholar, student, and practitioner alike.
This is a first-hand account of the often appalling conditions in prisons, police stations, psychiatric institutions, detention centres and other places where individuals are deprived of their liberty. It is based on extensive inspections in many countries in Europe, including the UK, France, Spain, Greece and Turkey, by a group of inspectors who had hitherto unparalleled access to institutions of detention. Inhuman States is a gripping account of the seamy side of Europe, of those 'social dustbins' that most people tend to ignore and of the practices - including torture - which take place within them. But it is also a book about some general concepts - what is 'human'? What should 'inhuman' or 'degrading' mean? Should general standards be uniformly applied to countries with diverse traditions, legal systems and conditions of life? This book is also a forceful plea for a better and more civilized Europe. Cassese argues that Europe should be unified not only in the field of markets, banks, lawyers, and commerce: an effort should also be made to set out and implement at least some common European standards of justice with regard to those places of detention where each country relegates its misfits, deviants and all those who are thought to imperil the social fabric.
This book is an outstanding document and account of the International Military Tribunal that took place in Tokyo at the end of World War Two. As in the Nuremberg Trial, the leaders of Japan were accused of crimes against peace and crimes against humanity, as well as war crimes.
The third edition of Cassese's International Criminal Law provides
a clear account of the main substantive and procedural aspects of
international criminal law. Adopting a combination of the classic
common law and more theoretical approaches to the subject, it
discusses:
This volume sets out to describe the political and philosophical underpinnings of the idea of human rights by bringing together a collection of original essays by a group of highly distinguished theorists. Recognizing that Western insistence on the universality of the concept of human rights can also function as a diplomatic cover for post-colonial interventions, it insists that the campaign for human rights must take into account the varied social and economic environments in different nation states that affect the ways such demands can be implemented. This campaign is most effective when demonstrating international solidarity with those whose basic rights are jeopardized or denied.
This book consists of interviews with five distinguished international lawyers from the UK, USA, Uruguay and France, conducted by the editor, Antonio Cassese, between 1993 and 1995. Each interview is preceded by a brief 'intellectual portrait' of the interviewee. In his general introduction Cassese stresses that the interviews, all based on the same questionnaire, were intended to bring out not only the main ideas associated with each scholar in the fields of international law and international relations, but also his intellectual and philosophical background, his general outlook and his views of the prospects for the evolution of the international community. In his final essay, Cassese brings together the main threads of the interviews and points to the parallels and divergences appearing from them. This book offers a unique and important insight into the legal minds and outlook of a select group of prominent scholars of international law and legal institutions during the last years of the twentieth century.
Which of the peoples currently claiming the right to self-determination have that right under international law? At what point does this political ideal turn into an international legal standard? This first comprehensive legal account asks how far self-determination is reshaping international relations and assesses the extent of its impact on traditional international institutions. The book scrutinizes State practice through national digests and United Nations proceedings and reappraises the concept against the whole body of international law, thus making an important contribution to an understanding of the interplay of law and politics.
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
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