Justice for Crimes Against Humanity

Mark Lattimer, Professor Philippe Sands (Herausgeber)

Buch | Softcover

528 Seiten

2006
Hart Publishing (Verlag)
978-1-84113-568-7 (ISBN)

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This book assesses developments in international law and seeks to end impunity by bringing to justice those accused of crimes against humanity.

The aim of this book is to assess 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, therefore, 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.
The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs

Mark Lattimer is the Executive Director of Minority Rights Group International,an NGO which seeks to protect the rights of minorities and indigenous peoples worldwide. Philippe Sands QC is Professor of Law at University College London, and has also taught at Boston College School of Law, Cambridge University and New York University Law School.

PART I ATROCITY, IMPUNITY, JUSTICE

1. From Nuremberg to Rome: A Personal Account
Benjamin Ferencz

2. Universal Jurisdiction: New Uses for an Old Tool
Christopher Keith Hall

3. Immunities for Heads of State: Where Do We Stand?
Brigitte Stern

4. Their Atrocities and Our Misdemeanours: The Reticence of States to Try Their ‘Own Nationals’ for International Crimes
Timothy L H McCormack

PART II JUSTICE IN INTERNATIONAL AND MIXED LAW COURTS

5. The International Criminal Tribunals for the Former Yugoslavia and Rwanda
Graham T Blewitt

6. The Collection and Admissibility of Evidence and the Rights of the Accused
Richard May

7. The Permanent International Criminal Court
M Cherif Bassiouni

8. Striking a Balance: Mixed Law Tribunals and Conflicts of Jurisdiction
Diane F Orentlicher

PART III JUSTICE IN NATIONAL COURTS

9. Pursuing Crimes Against Humanity in the United States: The Need for a Comprehensive Liability Regime
William J Aceves and Paul L Hoffman

10. Criminal Responsibility in the UK for International Crimes Beyond Pinochet
Clare Montgomery

11. Civil Reparation in National Courts for Victims of Human Rights Abuse
Fiona McKay

12. National Action Challenged: Sovereignty, Immunity and Universal Jurisdiction before the International Court of Justice
Andrew Clapham

PART IV PERSPECTIVES FROM PRACTITIONERS

13. Personal Perspectives

13.1 PW Botha Before South Africa’s Truth and Reconciliation Process
Alex Boraine

13.2 Prosecuting Hastings Banda in Malawi
Sadakat Kadri

13.3 The Contribution of International Tribunals to the Development of International Criminal Law
Eric David

13.4 UK Prosecutions for Crimes Under International Law
Geoffrey Bindman

13.5 The UN Human Rights Machinery and International Criminal Law
Nigel Rodley

13.6 Using Universal Jurisdiction to Combat Impunity
Reed Brody

PART V CONCLUSION

14. Enforcing Human Rights through International Criminal Law
Mark Lattimer

Erscheint lt. Verlag	14.3.2006
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Gewicht	804 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
ISBN-10	1-84113-568-2 / 1841135682
ISBN-13	978-1-84113-568-7 / 9781841135687
Zustand	Neuware