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More than ten years ago the International Criminal Court (ICC) was
established as a universal court meant to achieve criminal justice
worldwide. That goal still stands, but so far the Court has
dedicated most of its time and resources to African conflicts in
which international crimes have been committedWhile the ICC can be
said to contribute to criminal justice in Africa, it cannot be
denied that the relationship between the Court and the continent
has been troublesome. The ICC has been accused of targeting Africa,
and many African states do not seem willing to cooperate with the
Court. Debates on Africa and international criminal justice are
increasingly politicised.The authors of this volume all recognise
the current problems and criticism. Yet they do not side with
populist pessimists who, after just over a decade of ICC
experiences, conclude that the Court and international criminal
justice are doomed to fail. Rather, the contributors may be
regarded as cautious optimists who believe there is a future for
international criminal justice, including the ICC. The contributors
use their unique specific knowledge, expertise and experiences as
the basis for reflections on the current problems and possible
paths for improvement, both when it comes to the ICC as such, and
its specific relationship with Africa.
Despite the conclusion of the International Military Tribunal at
Nuremberg that aggression is the 'supreme international crime',
armed conflict remains a frequent and ubiquitous feature of
international life, leaving millions of victims in its wake. This
collection of original chapters by leading and emerging scholars
from all around the world evaluates historic and current examples
of the use of force and the context of crimes of aggression. As we
approach the 75th anniversary of the Nuremberg War Crimes Tribunal,
Seeking Accountability for the Unlawful Use of Force examines the
many systems and accountability frameworks which have developed
since the Second World War. By suggesting new avenues for enhancing
accountability structures already in place as well as proposing new
frameworks needed, this volume will begin a movement to establish
the mechanisms needed to charge those responsible for the unlawful
use of force.
Crimes against humanity were one of the three categories of crimes
elaborated in the Nuremberg Charter. However, unlike genocide and
war crimes, they were never set out in a comprehensive
international convention. This book represents an effort to
complete the Nuremberg legacy by filling this gap. It contains a
complete text of a proposed convention on crimes against humanity
in English and in French, a comprehensive history of the proposed
convention, and fifteen original papers written by leading experts
on international criminal law. The papers contain reflections on
various aspects of crimes against humanity, including gender
crimes, universal jurisdiction, the history of codification
efforts, the responsibility to protect, ethnic cleansing, peace and
justice dilemmas, amnesties and immunities, the jurisprudence of
the ad hoc tribunals, the definition of the crime in customary
international law, the ICC definition, the architecture of
international criminal justice, modes of criminal participation,
crimes against humanity and terrorism, and the inter-state
enforcement regime.
Crimes against humanity were one of the three categories of crimes
elaborated in the Nuremberg Charter. However, unlike genocide and
war crimes, they were never set out in a comprehensive
international convention. This book represents an effort to
complete the Nuremberg legacy by filling this gap. It contains a
complete text of a proposed convention on crimes against humanity
in English and in French, a comprehensive history of the proposed
convention, and fifteen original papers written by leading experts
on international criminal law. The papers contain reflections on
various aspects of crimes against humanity, including gender
crimes, universal jurisdiction, the history of codification
efforts, the responsibility to protect, ethnic cleansing, peace and
justice dilemmas, amnesties and immunities, the jurisprudence of
the ad hoc tribunals, the definition of the crime in customary
international law, the ICC definition, the architecture of
international criminal justice, modes of criminal participation,
crimes against humanity and terrorism, and the inter-state
enforcement regime.
Despite the conclusion of the International Military Tribunal at
Nuremberg that aggression is the 'supreme international crime',
armed conflict remains a frequent and ubiquitous feature of
international life, leaving millions of victims in its wake. This
collection of original chapters by leading and emerging scholars
from all around the world evaluates historic and current examples
of the use of force and the context of crimes of aggression. As we
approach the 75th anniversary of the Nuremberg War Crimes Tribunal,
Seeking Accountability for the Unlawful Use of Force examines the
many systems and accountability frameworks which have developed
since the Second World War. By suggesting new avenues for enhancing
accountability structures already in place as well as proposing new
frameworks needed, this volume will begin a movement to establish
the mechanisms needed to charge those responsible for the unlawful
use of force.
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