מעודכן ל: 19.10.2023
פשעי מלחמה
War crimes
USA:
18 U.S.C.A. § 2441 (Westlaw through Pub. L. No. 117-120).
UK:
War Crimes Act 1991, c. 13 (UK).
Australia:
War Crimes Act 1945 (Cth) (Austl.).
Canada:
Crimes Against Humanity and War Crimes Act, S.C. 2000, c 24 (Can.).
ליאור יבנה לאקונה פשעי מלחמה בדין הישראלי ובפסיקת בתי הדין הצבאיים (2013).
דן מרידור וחיים פס הקרב של המאה ה 21 - דמוקרטיה נלחמת בטרור (2006).
The Congo Trials in the International Criminal Court by
This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and restorative justice. It introduces international justice and courtroom trials in practical terms, offering a balanced view on persistent tensions and controversies. Separate chapters analyze the working realities of central African armed conflicts, finding reasons for their surprising resistance to ICC legal formulas. The book dissects the Court's structural dynamics, which were designed to steer an elusive middle course between high moral ideals and hard political realities. Detailed chapters provide vivid accounts of courtroom encounters with four Congolese suspects. The mixed record of convictions, acquittals, dissents, and appeals, resulting from these trials, provides a map of distinct fault-lines within the ICC legal code, and suggests a rocky path ahead for the Court's next ventures.
The Edge of Law: Legal Geographies of a War Crimes Court by
The Edge of Law explores the spatial implications of establishing a new legal institution in the wake of violent conflict. Using the example of the establishment of the War Crimes Chamber of the Court of Bosnia and Herzegovina, Alex Jeffrey argues that legal processes constantly demarcate a line of inclusion and exclusion: materially, territorially and corporally. In contrast to accounts that have focused on the judicial outcomes of these transitional justice efforts, The Edge of Law draws on long-term fieldwork in Bosnia and Herzegovina to focus on the social and political consequences of the trials, tracing the fraught mechanisms that have been used by international and local political elites to convey their legitimacy. This book will be of interest to socio-legal and geographical scholars working in the fields of transitional justice, legal systems, critical geopolitics and criminology.
The Impact of Human Rights Prosecutions: Insights from European, Latin American, and African Post-conflict Societies by
Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims' wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers. Contributors: Aleida Assmann, Prologue (University of Konstanz), Kristine Avram (Philipps University of Marburg), Ulrike Capdepón (University of Konstanz), Rosario Figari Layús (Justus Liebig University of Giessen), Boris Hau (Diego Portales University), Iris Jave (Pontifical Catholic University), Geoffrey Lugano (Kenyatta University), Joachim J. Savelsberg (University of Minnesota), Debbie Sharnak (Rowan University), Valeria Vegh Weis (Free University of Berlin), Annette Weinke (Friedrich-Schiller University Jena)
In the Shadow of the Holocaust: Poland, the United Nations War Crimes Commission, and the Search for Justice by
In the midst of the Second World War, the Allies acknowledged Germany's ongoing programme of extermination. In the Shadow of the Holocaust examines the struggle to attain post-war justice and prosecution. Focusing on Poland's engagement with the United Nations War Crimes Commission, it analyses the different ways that the Polish Government in Exile (based in London from 1940) agitated for an Allied response to German atrocities. Michael Fleming shows that jurists associated with the Government in Exile made significant contributions to legal debates on war crimes and, along with others, paid attention to German crimes against Jews. By exploring the relationship between the UNWCC and the Polish War Crimes Office under the authority of the Polish Government in Exile and later, from the summer of 1945, the Polish Government in Warsaw, Fleming provides a new lens through which to examine the early stages of the Cold War.
The Law of Armed Conflict: International Humanitarian Law in War by
Newly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.
The Roles and Functions of Atrocity-related United Nations Commissions of Inquiry in the International Legal Order : Navigating Between Principle and Pragmatism by
In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
The Tokyo Trial and War Crimes in Asia by
The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author’s personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author’s manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.
A World History of War Crimes: From Antiquity to the Present by
The greatly expanded and enhanced 2nd edition of A World History of War Crimes provides an authoritative and accessible introduction to the global history of war crimes and the laws of war. Tracing human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal humanitarian norms, Michael S. Bryant's book is a masterful one-volume account of the subject. This new edition includes, for the first time: * Two chapters providing extensive coverage of the Americas, Africa and the Middle East * Strengthened chronological boundaries - a new chapter on the Incas, Aztecs, Mayan, and North American Indian tribes, as well as more material across all regions in ancient times; discussion of contemporary war crimes committed in Afghanistan, Iraq, Myanmar and Syria * A historiographical essay to broaden your understanding of the field * An added final chapter focusing on the social, cultural and psychological aspects of the subject A World History of War Crimes is vital reading for anyone needing to understand the history of war in one of its most significant contexts.
מעודכן ל: 19.10.2023
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