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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.
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.
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.
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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