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Chivalry, one of Shakespeare's central themes, retains its pertinence and topicality in our rules for international humanitarian law and the conduct of war. Against a background of Medieval and Renaissance sources as well as Shakespeare's historical and dramatic realms, Professor Meron considers the ways in which law, chivalry, morality, conscience, and state necessity are deployed in Shakespeare to promote a society in which soldiers behave humanely and leaders are held to high standards of civilized behavior. In doing so, he illustrates the literary genealogy of contemporary international humanitarian concerns such as the treatment of prisoners and of women and accountability for war crimes.
Theodor Meron is probably the world's most important author on issues of international humanitarian law. This book is a collection of his essays on war crimes and related areas, together with a new concluding chapter, from which the book takes its title, which brings together the themes explored in the essays.
Until recently, and with a few notable exceptions in the wake of
World War II, violations of the laws of war and international
humanitarian law were addressed primarily as claims between states.
However, this approach has changed radically in the last twenty
years, as the international community has increasingly accepted the
idea of individual criminal responsibility for violations of
international humanitarian law. The International Criminal
Tribunals for the former Yugoslavia and Rwanda have played a key
role in this transformation and, as the trailblazers for a growing
number of new international or hybrid criminal courts, in
establishing the field of international criminal justice and
encouraging the national prosecution of war crimes. Understanding
the Tribunals' origins, their ground-breaking jurisprudence, and
how they have addressed critical legal and practical challenges is
essential to understanding both the revolution that has occurred
over the past twenty years and how international criminal law will
change and grow in the years ahead. As a leading scholar on
humanitarian law, and President of the International Criminal
Tribunal for the former Yugoslavia, Theodor Meron has observed and
influenced the development of international criminal law as it has
evolved from a mostly academic exercise to a cornerstone of the new
international legal order. In this collection of speeches delivered
during his first decade on the bench, he offers an insightful
overview of the foundations of international criminal law as well
as a unique insider's perspective on the challenges faced by
international criminal tribunals, their creation of a corpus of
substantive and procedural law, and the responsibilities of
international jurists. Judge Meron's experience in international
criminal justice makes this volume as rewarding for experts as it
is for the general public.
War is a major theme in Shakespeare's plays. Aside from its
dramatic appeal, it provided him with a context in which his
characters, steeped in the ideals of chivalry, could discuss such
concepts as honor, courage, patriotism, and justice. Well aware of
the decline of chivalry in his own era, Shakespeare gave his
characters lines calling for civilized behavior, mercy,
humanitarian principles, and moral responsibility. In this
remarkable new book, eminent legal scholar Theodor Meron looks at
contemporary international humanitarian law and rules for the
conduct of war through the lens of Shakespeare's plays and discerns
chivalry's influence there.
The book comes as a response to the question of whether the world
has lost anything by having a system of law based on the Hague and
Geneva conventions. Meron contends that, despite the foolishness
and vanity of its most extreme manifestations, chivalry served as a
customary law that restrained and humanized the conflicts of the
generally chaotic and brutal Middle Ages. It had the advantage of
resting on the sense that rules arise naturally out of societies,
their armed forces, and their rulers on the basis of experience.
Against a background of Medieval and Renaissance sources as well as
Shakespeare's historical and dramatic settings, Meron considers the
ways in which law, morality, conscience, and state necessity are
deployed in Shakespeare's plays to promote a society in which
soldiers behave humanely and leaders are held to high standards of
civilized behavior. Thus he illustrates the literary genealogy of
such modern international humanitarian concerns as the treatment of
prisoners and of noncombatants and accountability for war crimes,
showing that the chivalric legacy has not been lost entirely.
Fresh and insightful, Bloody Constraint will interest scholars of
international law, lovers of Shakespeare, and anyone interested in
the history of war.
Shakespeare's "Henry V" has traditionally been acclaimed for its
depiction of the psychological and political impact of warfare, and
it remains one of the most widely-discussed plays in the cannon. In
this study, Professor Meron uses rare medieval ordinances, and
other medieval and Renaissance historical and legal sources to
provide new contexts for Shakespeare's famous play. The result is
an account of how Shakespeare's "Henry V" and other "histories"
dramatically articulated complex medieval and Renaissance attitudes
to warfare and the conduct of nations and individuals in time of
war. The author uses the play and the campaign itself as a frame
for the examination of the medieval laws of war, and examines
stability and change in attitudes toward aspects of the law of war.
This study should be of interest not only to scholars of war,
history of law and literature, but also to anyone interested in
this important period in the development of international
humanitarian laws. Theodore Meron is the author of "Human Rights in
International Law", "Human Rights Law-Making in the UN" and "Human
Rights and Humanitarian Norms in International Law".
This work aims to consider the influence of human rights and
humanitarian law on general international law: the humanization of
international law. Although human rights and humanitarian norms are
central to the book, it is not a book about human rights and
humanitarian law. Rather, it deals with the radiation, or the
reforming effect, that human rights and humanitarian law have had
on other fields of public international law. Because of the
peculiarities of human rights law, this influence cannot be taken
for granted. It is sometimes said that the elaboration of human
rights norms and institutions has produced no less than a
revolution in the system of international law. Is this true and if
so in which parts of international law? By examining most areas of
public international law, the author attempts to demonstrate that
the influence of human rights and humanitarian norms has not
remained confined to one sector of international law, but that its
influence has spread to many parts, albeit to varying degrees. The
Humanization of International Law is a revised and updated version
of the General Course on Public International Law delivered by the
author at the Hague Academy of International Law in 2003. Also
available in hardback.
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