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This book is concerned with the commercial exploitation of armed
conflict; it is about money, war, atrocities and economic actors,
about the connections between them, and about responsibility. It
aims to clarify the legal framework that defines these connections
and gives rise to criminal or, in some instances, civil
responsibility, referring both to mechanisms for international
criminal justice, such as the International Criminal Court, and
domestic systems. It considers which economic actors among
individuals, businesses, governments and States should be held
accountable and before which forum. Additionally, it addresses the
question of how to recover illegally acquired profits and redirect
them to benefit the victims of war. The chapters shine a critical
light on the options provided by a network of laws to ensure that
the 'great industrialists' of our time, who find economic
opportunities in the war-ravaged lives of others, are unable to
pursue those opportunities with impunity.
This Companion is a one-stop reference resource on the Phnom Penh
based ?Khmer Rouge tribunal'. It serves as an introduction to the
Extraordinary Chambers in the Courts of Cambodia, while also
exploring some of the Court?s practical and jurisprudential
challenges and outcomes. Established by an agreement between the
United Nations and the Government of Cambodia, the court has been
operational since 2006, and seeks a mandate to try those most
responsible for serious crimes committed during the Khmer Rouge
period from 1975 to 1979. Written by Nina Jorgensen, who has worked
as senior adviser in the tribunal?s Pre-Trial and Supreme Court
Chambers, the Companion offers both direct insights and academic
analysis organized around a series of themes including legality,
structure, proceedings, jurisprudence, legitimacy and legacy. This
original book will prove a valuable and stimulating read for
lawyers, judges and UN staff working within, establishing, or
monitoring international courts and tribunals as well as local and
international NGOs in Cambodia concerned with the ECCC. Academics
focusing on international criminal justice will also find this
useful to assess the value of the Extraordinary Chambers, both
during the tribunal?s lifespan and after it has closed its doors.
This book is concerned with the commercial exploitation of armed
conflict; it is about money, war, atrocities and economic actors,
about the connections between them, and about responsibility. It
aims to clarify the legal framework that defines these connections
and gives rise to criminal or, in some instances, civil
responsibility, referring both to mechanisms for international
criminal justice, such as the International Criminal Court, and
domestic systems. It considers which economic actors among
individuals, businesses, governments and States should be held
accountable and before which forum. Additionally, it addresses the
question of how to recover illegally acquired profits and redirect
them to benefit the victims of war. The chapters shine a critical
light on the options provided by a network of laws to ensure that
the 'great industrialists' of our time, who find economic
opportunities in the war-ravaged lives of others, are unable to
pursue those opportunities with impunity.
This book focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. The concept became the topic of debate and controversy upon its inclusion in Part I of the United Nations International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980. The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and an existence in international law independent from the Draft Articles on State Responsibility.
This book focuses on the concept of state responsibility for international crimes which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after the Second World War. The concept became the topic of debate and controversy upon its inclusion in Part I of the United Nations International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980. The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and an existence in international law independent from the Draft Articles on State Responsibility.
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