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

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Oxford University Press, 2001 - 435 trang
Fifty years after the Nuremberg and Tokyo trials, nations around the world are grappling with the need to hold individuals accountable for human rights atrocities. This new edition offers an unprecedented comprehensive appraisal of the prospects of this enterprise. The authors examine the scope of international crime, the mechanisms created by states for enforcing the law, and the practical difficulties of applying them, and conclude with an assessment of the future of accountability. The book also covers recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court. This new edition has been revised and updated to include developments since 1997, including domestic prosecutions and truth commission, the work of the UN's Yugoslavia and Rwand Tribunals, and the International Criminal Court.
 

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Individual Accountability for Human Rights Abuses Historical and Legal Underpinnings
3
Four Bodies of Law
9
The Nature of Legal Responsibility
15
Methodology and Sources of International Law
17
Nullum Crimen Sine Lege and Related Concepts
21
A Word on Cultural Relativism
24
Genocide and the Imperfections of Codification
26
Definition of Genocide
29
Judicial Assistance and the Limits of International Cooperation
258
A CASE STUDY THE ATROCITIES OF THE KHMER ROUGE
265
The Khmer Rouge Rule Over Cambodia A Historical Overview
267
The Philosophy and Structure of the Khmer Rouge
268
The Pattern of Abuses
270
Hostilities with Vietnam
277
Applying the Law
284
Crimes Against Humanity
288

Reservations to the Genocide Convention
39
Genocide under Customary International Law
41
Theoretical and Practical Challenges
42
Crimes Against Humanity and the Inexactitude of Custom
46
Elements of the International Crime
49
Acts Constituting Crimes Against Humanity
69
Theoretical and Practical Challenges
77
War Crimes and the Limitations of Accountability for Acts in Armed Conflict
80
Offenses During International Conflicts
83
Offenses During NonInternational Conflicts
95
Afterword on Destruction of Cultural Property
107
Other Abuses Incurring Individual Responsibility Under International Law
111
Slavery and Forced Labor
112
Torture
117
Racial Discrimination and Apartheid
120
Forced Disappearances
123
A Brief Word on Crimes Against Peace
124
Expanding and Contracting Culpability Related Crimes Defenses and Other Barriers to Criminality
129
Appraising the Defenses under International Law
135
Statues of Limitations
143
Theoretical and Practical Challenges
145
MECHANISMS FOR ACCOUNTABILITY
149
Mechanisms for Accountability Framing the Issues
151
The Broader Context
155
The Forum of First Resort National Tribunals
160
Four Recent Cases
168
Prosecutions Before National Courts of Other States
178
Opportunities and Challenges
182
The Progeny of Nuremberg International Criminal Tribunals
187
The International Criminal Tribunal for the Former Yugoslavia
190
The International Criminal Tribunal for Rwanda
201
Toward the Permanent International Criminal Court
206
Opportunities and Challenges
219
Afterword on the International Court of Justice and Regional Human Rights Courts
225
NonProsecutorial Options Investigatory Commissions Civil Suits and Immigration Measures
228
An Alternative Day in Court for Victims
240
Denying Refuge to Offenders
248
Developing the Case Comments on Evidence and Judicial Assistance
253
War Crimes
290
Other Acts Incurring Individual Criminal Responsibility
294
Defenses
298
Cambodian Law
299
Engaging the Mechanisms
307
National Tribunals
310
International Criminal Tribunals
316
Investigatory Commissions
318
Civil Suits
321
Immigration Measures
323
International Court of Justice
324
Evidence and Judicial Assistance
325
CONCLUSIONS
329
Striving for Justice The Prospects for Individual Accountability
331
The Processes for Pursuing Justice
336
A Word of Caution
343
APPENDICES
347
Charter of the International Military Tribunal at Nuremberg
348
Allied Control Council Law No 10
350
Convention on the Prevention and Punishment of the Crime of Genocide
352
Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
353
Geneva Convention II for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed Forces at Sea
355
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
356
International Covenant on Civil and Political Rights
357
Convention on the NonApplicability of Statutory Limitations to War Crimes and Crimes Against Humanity
359
Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts Protoc...
361
Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of NonInternational Armed Conflicts Pr...
363
Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
364
Statute of the International Tribunal for the Former Yugoslavia
365
Statute of the International Criminal Tribunal for Rwanda
370
International Law Commission Draft Code of Crimes Against the Peace and Security of Mankind
371
Statute of the International Criminal Court
375
United States Alien Tort Claims Act
395
United States Torture Victim Protection Act
396
Bibliography
397
Index
427
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Giới thiệu về tác giả (2001)

Steven Ratner is Assistant Professor at the University of Texas Law School. Jason Abrams was formerly working as a Legal Officer with the Office of Legal Affairs of the United Nations and is now an International Lawyer in New York.

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