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From the Ad Hoc Tribunals to a Permanent International Criminal Court
Author: Yusuf Aksar
Publisher: Psychology Press
Category: Political Science
This book examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR).
This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.
The A to Z of World War II: The War Against Japan traces the brutal conflict from Japan's seizure of Chinese territory in 1931, through the onset of war with the Western Allies in 1941, to the use of atomic weapons by the United States in 1945. It also addresses the aftermath of the war, including the formation of the United Nations and the American occupation of Japan. As the first of two volumes covering World War II, this volume concentrates on the war in Asia and the Pacific so the user benefits from the comprehensive explanations of the people, places, and events that shaped much of that region's 20th-century history.
Colony to nation? Isolationism to internationalism? WASP society to a multicultural Canada? Focusing on imperial conflicts in the Pacific, Orienting Canada disrupts these familiar narratives in Canadian history by tracing the relationship between racism and Canadian foreign policy. Grounded in transnationalism and anti-racist theory, this book reassesses critical transpacific incidents, from the 1907 race riots to Canada's early intervention in Vietnam. Shocking revelations about the effects of racism and war into the 1960s are tempered by stories of community resilience and transformation. As a transpacific lens on the past, Orienting Canada deflects Canada's European gaze back onto itself to reveal images that both provoke and unsettle.
This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex. In resolving conflicts between human rights obligations and other areas of international law, the practice of judicial bodies, both domestic and international, is crucial. Judicial practice indicates that norm conflicts typically manifest themselves in situations where human rights obligations are at odds with other international obligations, such as immunities; extradition and refoulement; trade and investment law; and environmental protection. This book sets out and analyses the relevant case law in all of these areas.
This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key 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 contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.
What could be more American than Columbus Day? Or the Washington Redskins? For Native Americans, they are bitter reminders that they live in a world where their identity is still fodder for white society. "The law has always been used as toilet paper by the status quo where American Indians are concerned," writes Ward Churchill in Acts of Rebellion, a collection of his most important writings from the past twenty years. Vocal and incisive, Churchill stands at the forefront of American Indian concerns, from land issues to the American Indian Movement, from government repression to the history of genocide. Churchill, one of the most respected writers on Native American issues, lends a strong and radical voice to the American Indian cause. Acts of Rebellion shows how the most basic civil rights' laws put into place to aid all Americans failed miserably, and continue to fail, when put into practice for our indigenous brothers and sisters. Seeking to convey what has been done to Native North America, Churchill skillfully dissects Native Americans' struggles for property and freedom, their resistance and repression, cultural issues, and radical Indian ideologies.
This compelling reference focuses on the events, individuals, organizations, and ideas that shaped Japanese warfare from early times to the present day. • Topic finder lists • A comprehensive timeline • 10 maps of key military theaters • Essential primary source documents related to the military history of Japan