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Abbreviations and Shorthand Forms in Footnotes | |
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Acknowledgements | |
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Table of Authorities | |
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Introduction | |
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Substantive Law | |
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Individual Accountability for Human Rights Abuses: Historical and Legal Underpinnings | |
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A Brief History of Individual Accountability | |
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Four Bodies of Law | |
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The Nature of Legal Responsibility | |
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Individual Accountability as a Holistic Framework | |
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Methodology and Sources of International Law | |
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The Principles of Legality: Nullum Crimen Sine Lege and Related Concepts | |
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A Word on Cultural Relativism | |
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Genocide and the Imperfections of Codification | |
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Background and Preparation of the Genocide Convention | |
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Definition of Genocide | |
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Incitment to Genocide | |
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Genocide under Customary International Law | |
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Theoretical and Practical Challenges | |
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Crimes Against Humanity and the Inexactitude of Custom | |
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Evolution of the Concept | |
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Core Definitional Issues: Elements of the International Crime | |
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Offenses Constituting Crimes Against Humanity | |
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Theoretical and Practical Challenges | |
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War Crimes and the Limitations of Accountability for Acts in Armed Conflict | |
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From Ancient Origins to Modern Codes | |
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Offenses during International Conflicts | |
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Offenses during Non-International Conflicts | |
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Afterword on Destruction of Cultural Property | |
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Other Abuses Incurring Individual Responsibility Under International Law | |
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Slavery and Forced Labor | |
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Torture | |
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Racial Discrimination and Apartheid | |
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Forced Disappearances | |
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Terrorism | |
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A Brief Word on Crimes Against Peace | |
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Expanding and Contracting Culpability: Complicity, Defenses, and Other Barriers to Criminality | |
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Forms of Individual Criminal Responsibility | |
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Defenses under International Law | |
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Statutes of Limitations | |
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Theoretical and Practical Challenges | |
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Mechanisms for Accountability | |
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Mechanisms for Accountability: Framing the Issues | |
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Legal Requirements of Individual Accountability | |
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Accountability in Context | |
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The Forum of First Resort: National Tribunals | |
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A Jurisdictional Primer | |
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Prosecutions before National Tribunals: Four Contemporary Cases | |
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Prosecutions before National Courts of Other States | |
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Opportunities and Challenges | |
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The Progeny of Nuremberg: International Criminal Tribunals | |
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The Nuremberg and Related Tribunals | |
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The International Criminal Tribunal for the Former Yugoslavia | |
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International Criminal Tribunal for Rwanda | |
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The International Criminal Court | |
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Hybrid or Internationalized Tribunals | |
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Opportunities and Challenges | |
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Afterword on the International Court of Justice and Regional Human Rights Courts | |
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Non-Prosecutorial Options: Investigatory Commissions, Civil Suits, Immigration Measures, and Lustration | |
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Investigatory Commissions: Accountability through Truth and Acknowledgment | |
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Civil Suits: An Alternative Day in Court for Victims | |
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Immigration Measures: Denying Refuge to Offenders | |
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A Word on Lustration | |
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Developing the Case: Comments on Evidence and Judicial Assistance | |
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Evidence: A Dearth of Uniform Standards | |
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Judicial Assistance and the Limits of International Cooperation | |
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A Case Study: The Atrocities of The Khmer Rouge | |
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The Khmer Rouge Rule over Cambodia: A Historical Overview | |
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The Philosophy and Structure of the Khmer Rouge | |
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The Pattern of Abuses | |
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Hostilities with Vietnam | |
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The Khmer Rouge since 1979 | |
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Applying the Law | |
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Genocide | |
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Crimes Against Humanity | |
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War Crimes | |
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Other Acts Incurring Individual Criminal Responsibility | |
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Defenses | |
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Crimes under Cambodian Law | |
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Engaging the Mechanisms | |
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Framing the Options | |
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National Trials | |
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International Criminal Tribunals | |
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The Option Realized: A Hybrid Tribunal | |
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Investigatory Commissions | |
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Civil Suits | |
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Immigration Measures | |
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Lustration | |
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International Court of Justice | |
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Evidence and Judicial Assistance | |
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Conclusions | |
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Striving for Justice: The Prospects for Individual Accountability | |
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The State of the Law | |
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The Processes for Pursuing Justice | |
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The Fate of Individual Accountability: A Word of Caution | |
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Appendices | |
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Charter of the International Military Tribunal at Nuremberg | |
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Allied Control Council Law No. 10 | |
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Convention on the Prevention and Punishment of the Crime of Genocide | |
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Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field | |
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Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea | |
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Geneva Convention (III) Relative to the Treatment of Prisoners of War | |
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Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War | |
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Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery | |
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International Covenant on Civil and Political Rights | |
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Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity | |
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International Convention on the Suppression and Punishment of the Crime of Apartheid | |
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Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) | |
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Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) | |
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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | |
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Statute of the International Criminal Tribunal for the Former Yugoslavia | |
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Statute of the International Criminal Tribunal for Rwanda | |
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International Law Commission Draft Code of Crimes Against the Peace and Security of Mankind | |
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Statute of the International Criminal Court | |
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United States Alien Tort Claims Act | |
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United States Torture Victim Protection Act | |
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Bibliography | |
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Index | |