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The contribution of the ad hoc Tribunals to international criminal
law and international justice has been manifold, both academically
and historically, and they will continue to influence the findings
and decisions of many other courts (both domestic and
international), and to provoke discussion for many years to Come.
This volume provides the first comprehensive analysis of the law of
international crimes as applied by the ad hoc tribunals for the
former Yugoslavia and Rwanda. International Crimes and the Ad Hoc
Tribunals examines the legal and historical significance of some of
the most important judicial developments to occur in the last 50
years in international criminal law. It states the law of the
Tribunals, and provides concrete illustrations of the application
of the law to a variety of criminal cases, providing a
comprehensive and detailed analysis of this voluminous body of
jurisprudence. The primary focus is on the jurisdiction ratione
materiae of the Tribunals: the definition and application of the
law of war crimes, crimes against humanity, and genocide. However,
it also examines the Tribunals' jurisdiction ratione personae,
insofar as this enables a full understanding of the law of crimes
(for instance, in relation to forms of criminal liability).
The book offers a unique study of the law of command or superior
responsibility under international law. Born in the aftermath of
the Second World War, the doctrine of superior responsibility
provides that a military commander, a civilian leader or the leader
of a terrorist, paramilitary or rebel group could be held
criminally responsible in relation to crimes committed by
subordinates even where he has taken no direct or personal part in
the commission of these crimes. The basis of this type of liability
lies in a grave and culpable failure on the part of the superior to
fulfill his duties to prevent or punish crimes of subordinates.
The idea that a superior could be held criminally responsible in
relation to crimes of subordinates is central to the ability of
international law to ensure compliance with standards of
humanitarian law and it remains a most important legal instrument
in the fight against impunity. Though it first developed in the
international arena, the doctrine of superior responsibility has
now spread into many domestic jurisdictions thus offering judicial
and prosecutorial authorities a ready-made instrument to hold to
account the leaders of men who knew of the crimes of their
subordinates and failed to adequately respond to prevent or punish
those crimes.
This volume provides a comprehensive and insightful dissection of
the doctrine of superior responsibility, the scope of its
application, its elements as well as the evidential difficulties
involved in establishing the criminal responsibility of a superior
in the context of a criminal prosecution.
The contribution of the ad hoc Tribunals to international criminal
law and international justice has been manifold, both academically
and historically, and they will continue to influence the findings
and decisions of many other courts (both domestic and
international), and to provoke discussion for many years to Come.
This volume provides the first comprehensive analysis of the law of
international crimes as applied by the ad hoc tribunals for the
former Yugoslavia and Rwanda. International Crimes and the Ad Hoc
Tribunals examines the legal and historical significance of some of
the most important judicial developments to occur in the last 50
years in international criminal law. It states the law of the
Tribunals, and provides concrete illustrations of the application
of the law to a variety of criminal cases, providing a
comprehensive and detailed analysis of this voluminous body of
jurisprudence. The primary focus is on the jurisdiction ratione
materiae of the Tribunals: the definition and application of the
law of war crimes, crimes against humanity, and genocide. However,
it also examines the Tribunals' jurisdiction ratione personae,
insofar as this enables a full understanding of the law of crimes
(for instance, in relation to forms of criminal liability).
Judge Mettraux's four-volume compendium, International Crimes: Law
and Practice, will provide the most detailed and authoritative
account to-date of the law of international crimes. It is a
scholarly tour de force providing a unique blend of academic rigour
and an insight into the practice of international criminal law. The
compendium is un-rivalled in its breadth and depth, covering almost
a century of legal practice, dozens of jurisdictions (national and
international), thousands of decisions and judgments and hundreds
of cases. This first volume discusses in detail the law of
genocide: its definition, elements, normative status, and
relationship to the other core international crimes. While the book
is an invaluable tool for academics and researchers, it is
particularly suited to legal practitioners, guiding the reader
through the practical and evidential challenges associated with the
prosecution of international crimes.
The trial of major Nazi war criminals in Nuremberg was a landmark
event in the development of modern international law, and continues
to be highly influential in our understanding of international
criminal law and post-conflict justice. This volume offers a unique
collection of the most important essays written on the Trial,
discussing the key legal, political and philosophical questions
raised by the Trial both at the time and in historical
perspective.
The collection focuses on pieces from those involved in the
Tribunal, discussing the establishment of the Tribunal, the Trial
itself, and the debate that followed the Judgment. Also included
are representative essays of the academic debate that has
surrounded Nuremberg in the sixty years since the Trial. Ranging
from the contribution of Nuremberg to the substantive development
of international criminal law to the philosophical evaluation of
legalism in post-conflict international relations, the perspectives
provided by the essays offer a unique overview of the persistent
significance of Nuremberg across a range of academic
disciplines.
The collection also features newly translated essays from key
German, Russian and French writers, available in English for the
first time; a new essay by Guenael Mettraux examining the Nuremberg
legacy in contemporary international criminal justice, and an
exhaustive bibliography of the literature on Nuremberg.
Judge Mettraux's four-volume compendium, International Crimes: Law
and Practice, will provide the most detailed and authoritative
account to-date of the law of international crimes. It is a
scholarly tour de force providing a unique blend of academic rigour
and an insight into the practice of international criminal law. The
compendium is un-rivalled in its breadth and depth, covering almost
a century of legal practice, dozens of jurisdictions (national and
international), thousands of decisions and judgments and hundreds
of cases. This second volume discusses in detail crimes against
humanity.
The trial of major Nazi war criminals in Nuremberg was a landmark
event in the development of modern international law, and continues
to be highly influential in our understanding of international
criminal law and post-conflict justice. This volume offers a unique
collection of the most important essays written on the Trial,
discussing the key legal, political and philosophical questions
raised by the Trial both at the time and in historical
perspective.
The collection focuses on pieces from those involved in the
Tribunal, discussing the establishment of the Tribunal, the Trial
itself, and the debate that followed the Judgment. Also included
are representative essays of the academic debate that has
surrounded Nuremberg in the sixty years since the Trial. Ranging
from the contribution of Nuremberg to the substantive development
of international criminal law to the philosophical evaluation of
legalism in post-conflict international relations, the perspectives
provided by the essays offer a unique overview of the persistent
significance of Nuremberg across a range of academic
disciplines.
The collection also features newly translated essays from key
German, Russian and French writers, available in English for the
first time; a new essay by Guenael Mettraux examining the Nuremberg
legacy in contemporary international criminal justice, and an
exhaustive bibliography of the literature on Nuremberg.
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