Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg LegacyOxford University Press, 2001 - 435 trang "More than a half century after the Nuremberg and Tokyo trials, nations around the world are increasingly grappling with the need to hold individuals accountable for human rights atrocities. In this innovative book, now in its second edition, Steven R. Ratner and Jason S. Abrams offer a comprehensive study of the promises and limitations of individual accountability as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide, crimes against humanity, and war crimes, and go on to appraise the range of prosecutorial and other mechanisms for holding abusers responsible. The authors conclude with a series of compelling conclusions about the future of accountability. The second edition includes developments since 1997, including new domestic prosecutions and truth commissions, the work of the UN's Yugoslavia and Rwanda tribunals, and the International Criminal Court"--Unedited summary from book cover. |
Nội dung
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 |
397 | |
427 | |
Ấn bản in khác - Xem tất cả
Accountability for Human Rights Atrocities in International Law: Beyond the ... Steven R. Ratner,Jason S. Abrams Xem trước bị giới hạn - 2001 |
Thuật ngữ và cụm từ thông dụng
1996 ILC Report accused AJIL amnesty apartheid Appeal apply armed conflict atrocities Cambodia civil Common Article crimes against humanity criminal responsibility customary international law customary law defendants definition Democratic Kampuchea domestic law Draft Code evidence extradition forced labor Former Yugoslavia GAOR Geneva Conventions Genocide Convention grave breaches human rights abuses ICC Statute ICTR ICTY ILC Y.B. IMT Charter individual accountability individual responsibility INT'L International Criminal Court international criminal law International Criminal Tribunal international humanitarian law International Law Commission International Tribunal investigation issue judicial justice Khmer Rouge limited military Nuremberg offenses officials paras parties perpetrators person political principles prosecutions Prosecutor protected Protocol Protocol II punishment racial regime require Rules Rwanda Rwanda Tribunals Secretary-General Security Council slavery Supp supra note Tadic territory tion torture treaties Trial Chamber United Nations UNTS victims violations of international war crimes Yugoslavia and Rwanda Yugoslavia Tribunal
Tài liệu tham khảo sách này
Peace Without Justice: Obstacles to Building the Rule of Law in El Salvador Margaret Popkin Xem trước bị giới hạn - 2010 |
Agents, Structures and International Relations: Politics as Ontology Colin Wight Xem trước bị giới hạn - 2006 |