Accountability for Human Rights Atrocities in International Law Beyond the Nuremberg Legacy

ISBN-10: 0199546673
ISBN-13: 9780199546671
Edition: 3rd 2009
List price: $70.00
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Description: The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. This book offers a comprehensive study of the promise and limitations  More...

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Book details

List price: $70.00
Edition: 3rd
Copyright year: 2009
Publisher: Oxford University Press, Incorporated
Publication date: 4/15/2009
Binding: Paperback
Pages: 536
Size: 6.00" wide x 9.00" long x 1.25" tall
Weight: 1.760
Language: English

The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. This book offers a comprehensive study of the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It provides a searching analysis of the principal crimes under the law of nations, such as genocide and crimes against humanity and an appraisal of the most important prosecutorial and other mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition also contains expanded coverage of the increasing numbers of international criminal trials including the cases of Bosnia, Serbia, and East Timor. It also explores individual accountability for terrorist acts and accountability for acts undertaken in the name of counter-terrorism policy, and provides expanded coverage of aggression and crimes against peace.

Steven R. Ratner is Professor of Law at the University of Michigan Law School Jason S. Abrams is an international lawyer based in New York James Bischoff works in the offices of U.S. Court of Appeals Judge Juan Torruella

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

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