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Genocide is both the gravest of crimes under international law and
the ultimate violation of human rights. Recent years have seen
major legal and political developments concerning genocide and
other mass violations of rights. This collection brings together,
for the first time, leading essays covering definitions,
legislation, the sociology of genocide, prevention, humanitarian
intervention, accountability, punishment and reconciliation.
The aim of this book is to assess recent developments in
international law seeking to bring an end to impunity by bringing
to justice those accused of war crimes and crimes against humanity.
The book was originally conceived while the editors were engaged,
in different capacities, in proceedings relating to the detention
of Senator Pinochet in London. The vigorous public debate that
attended that case - and related developments in international
criminal justice, such as the creation of the International
Criminal Court and the trial of former President Milosevic -
demonstrate the close connections between the law and wider
political or moral questions. In the field of international
criminal justice there appeared, therefore, a clear need to
distinguish legal from essentially political issues - promoting the
application of the law in an impartial and apolitical manner -
while at the same time enabling each to legitimately inform the
development of the other. The essays in this volume, written by
internationally recognised legal experts: scholars, practitioners,
judges - explore a wide range of subjects, including immunities,
justice in international and mixed courts, justice in national
courts, and in a particularly practical section, perspectives
offered by experienced practitioners in the field. "This is a
welcome collection of papers on criminal justice both at the
international and the national level...a book which fills many gaps
and adds considerable value by discussing wider policy and moral
issues; it is to be recommended to all who are interested in the
development of international criminal justice." Elizabeth
Wilmshurst, International Affairs
The high civilian death toll in modern, protracted conflicts such
as those in Syria or Iraq indicate the limits of international law
in offering protections to civilians at risk. A recent conference
of states convened by the International Committee of the Red Cross
referred to 'an institutional vacuum in the area of international
humanitarian law implementation'. Yet both international
humanitarian law and the law of human rights establish a series of
rights intended to protect civilians. But which law or laws apply
in a particular situation, and what are the obstacles to their
implementation? How can the law offer greater protections to
civilians caught up in new methods of warfare, such as drone
strikes, or targeted by new forms of military organisation, such as
transnational armed groups? Can the implementation gap be filled by
the growing use of human rights courts to remedy violations of the
laws of armed conflict, or are new instruments or mechanisms of
civilian legal protection needed? This volume brings together
contributions from leading academic authorities and legal
practitioners on the situation of civilians in the grey zone
between human rights and the laws of war. The chapters in Part 1
address key contested or boundary issues in defining the rights of
civilians or non-combatants in today's conflicts. Those in Part 2
examine remedies and current mechanisms for redress both at the
international and national level, and those in Part 3 assess
prospects for the development of new mechanisms for addressing
violations. As military intervention to protect civilians remains
contested, this volume looks at the potential for developing
alternative approaches to the protection of civilians and their
rights.
Genocide is both the gravest of crimes under international law and
the ultimate violation of human rights. Recent years have seen
major legal and political developments concerning genocide and
other mass violations of rights. This collection brings together,
for the first time, leading essays covering definitions,
legislation, the sociology of genocide, prevention, humanitarian
intervention, accountability, punishment and reconciliation.
The aim of this book is to assess recent developments in
international law seeking to bring an end to impunity by bringing
to justice those accused of war crimes and crimes against humanity.
The book was originally conceived while the editors were engaged,
in different capacities, in proceedings relating to the detention
of Senator Pinochet in London. The vigorous public debate that
attended that case - and related developments in international
criminal justice, such as the creation of the International
Criminal Court and the trial of former President Milosevic -
demonstrate the close connections between the law and wider
political or moral questions. In the field of international
criminal justice there appeared, therefore, a clear need to
distinguish legal from essentially political issues - promoting the
application of the law in an impartial and apolitical manner -
while at the same time enabling each to legitimately inform the
development of the other. The essays in this volume, written by
internationally recognised legal experts: scholars, practitioners,
judges - explore a wide range of subjects, including immunities,
justice in international and mixed courts, justice in national
courts, and in a particularly practical section, perspectives
offered by experienced practitioners in the field. "This is a
welcome collection of papers on criminal justice both at the
international and the national level...a book which fills many gaps
and adds considerable value by discussing wider policy and moral
issues; it is to be recommended to all who are interested in the
development of international criminal justice." Elizabeth
Wilmshurst, International Affairs
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