Justice For Crimes Against Humanity

Overview

This book assesses 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 ...
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Overview

This book assesses 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 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.
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Product Details

  • ISBN-13: 9781841135687
  • Publisher: Hart Publishing (UK)
  • Publication date: 3/14/2006
  • Pages: 530
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.07 (d)

Table of Contents

List of contributors
Introduction 1
1 From Nuremberg to Rome: A Personal Account 31
2 Universal Jurisdiction: New Uses for an Old Tool 47
3 Immunities for Heads of State: Where Do We Stand? 73
4 Their Atrocities and Our Misdemeanours: The Reticence of States to Try Their 'Own Nationals' for International Crimes 107
5 The International Criminal Tribunals for the Former Yugoslavia and Rwanda 145
6 The Collection and Admissibility of Evidence and the Rights of the Accused 161
7 The Permanent International Criminal Court 173
8 Striking a Balance: Mixed Law Tribunals and Conflicts of Jurisdiction 213
9 Pursuing Crimes Against Humanity in the United States: The Need for a Comprehensive Liability Regime 239
10 Criminal Responsibility in the UK for International Crimes Beyond Pinochet 271
11 Civil Reparation in National Courts for Victims of Human Rights Abuse 283
12 National Action Challenged: Sovereignty, Immunity and Universal Jurisdiction before the International Court of Justice 303
13 Personal Perspectives 335
13.1 PW Botha Before South Africa's Truth and Reconciliation Process 336
13.2 Prosecuting Hastings Banda in Malawi 347
13.3 The Contribution of International Tribunals to the Development of International Criminal Law 354
13.4 UK Prosecutions for Crimes Under International Law 365
13.5 The UN Human Rights Machinery and International Criminal Law 372
13.6 Using Universal Jurisdiction to Combat Impunity 376
14 Enforcing Human Rights through International Criminal Law 387
App UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 419
App Rome Statute of the International Criminal Court, 1998 430
Selected Bibliography 495
Index 501
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