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Exploring the evolution and operation of the international criminal justice system and highlighting the influences of politics, this book takes the reader behind the scenes of the conflict between justice and realpolitik.
Book Synopsis War Crimes and Realpolitik by : Jackson Nyamuya Maogoto
Download or read book War Crimes and Realpolitik written by Jackson Nyamuya Maogoto and published by Lynne Rienner Pub. This book was released on 2004 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the evolution and operation of the international criminal justice system and highlighting the influences of politics, this book takes the reader behind the scenes of the conflict between justice and realpolitik.
Between November 1945 and October 1946, the International Military Tribunal in Nuremberg tried some of the most notorious political and military figures of Nazi Germany. In this book, Kochavi demonstrates that the policies finally adopted, including the institution of the Nuremberg trials, represented the culmination of a complicated process rooted in the domestic and international politics of the war years. Drawing on extensive research in both U.S. and British archives, Kochavi painstakingly reconstructs the prevailing attitudes and constraints that prevented a joint policy on war crimes from being adopted by the Allies during the war and shows how considerations of Realpolitik dominated the thinking in both Washington and London. In contrast to earlier works, this book also examines the roles of the Polish and Czech governments-in-exile, the Soviets, and the United Nations War Crimes Commission in the formulation of a joint policy on war crimes, as well as the neutral governments' stand on the question of asylum for war criminals.
Book Synopsis Prelude to Nuremberg by : Arieh J. Kochavi
Download or read book Prelude to Nuremberg written by Arieh J. Kochavi and published by . This book was released on 1998 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between November 1945 and October 1946, the International Military Tribunal in Nuremberg tried some of the most notorious political and military figures of Nazi Germany. In this book, Kochavi demonstrates that the policies finally adopted, including the institution of the Nuremberg trials, represented the culmination of a complicated process rooted in the domestic and international politics of the war years. Drawing on extensive research in both U.S. and British archives, Kochavi painstakingly reconstructs the prevailing attitudes and constraints that prevented a joint policy on war crimes from being adopted by the Allies during the war and shows how considerations of Realpolitik dominated the thinking in both Washington and London. In contrast to earlier works, this book also examines the roles of the Polish and Czech governments-in-exile, the Soviets, and the United Nations War Crimes Commission in the formulation of a joint policy on war crimes, as well as the neutral governments' stand on the question of asylum for war criminals.
Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.
Book Synopsis Governance, Order, and the International Criminal Court by : Steven C. Roach
Download or read book Governance, Order, and the International Criminal Court written by Steven C. Roach and published by OUP Oxford. This book was released on 2009-05-07 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since entering into force in July 2002, the International Criminal Court (ICC) has emerged as one of the most intriguing models of global governance. This innovative edited volume investigates the challenges facing the ICC, including the dynamics of politicized justice, US opposition, an evolving and flexible institutional design, the juridification of political evil, negative and positive global responsibility, the apparent conflict between peace and justice, and the cosmopolitanization of law. It argues that realpolitik has tested the ICC's capacity in a mostly positive manner and that the ambivalence between realpolitik and justice constitutes a novel predicament for extending global governance. The arguments of each essay are framed by a timely and original approach designed to assess the nuanced relationship between realpolitik and global justice. The approach - which interweaves four International Relations approaches, rationalism, constructivism, communicative action theory, and moral cosmopolitanism - is guided by the metaphor of the switch levers of train tracks, in which the Prosecutor and Judges serve as the pivotal agents switching the (crisscrossing) tracks of realpolitik and cosmopolitanism. With this visual aid, this volume of essays shows just how the ICC has become one of the most fascinating points of intersection between law, politics, and ethics.
This book assesses the International Criminal Tribunal for former Yugoslavia’s (ICTY) legacy and examines the conflicting intersection of law and politics in the search for justice, both thematically and through close analysis of some of the major trials. It analyses the related case brought against Serbia and Montenegro by Bosnia and Herzegovina at the International Court of Justice (ICJ), as well as the Ganic case in London where the ICTY and ICJ findings were challenged. The book addresses the following questions: To what extent the political climate in which the ICTY was conceived, and continues to operate, has affected the declared aims of its founders? Have political considerations and political correctness, and the perceived need for political stability and democratic transition, at times proved an obstacle to the administration of justice? Are some of the acknowledged failings of international policy in the 1990s finding some resonance in more recent court proceedings? This highly relevant and comprehensive book will be of interest to students and scholars of political science, international relations, transitional justice, Balkan area studies, human rights law, international criminal and peace and conflict studies.
Book Synopsis The Balkans on Trial by : Carole Hodge
Download or read book The Balkans on Trial written by Carole Hodge and published by Routledge. This book was released on 2019-05-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the International Criminal Tribunal for former Yugoslavia’s (ICTY) legacy and examines the conflicting intersection of law and politics in the search for justice, both thematically and through close analysis of some of the major trials. It analyses the related case brought against Serbia and Montenegro by Bosnia and Herzegovina at the International Court of Justice (ICJ), as well as the Ganic case in London where the ICTY and ICJ findings were challenged. The book addresses the following questions: To what extent the political climate in which the ICTY was conceived, and continues to operate, has affected the declared aims of its founders? Have political considerations and political correctness, and the perceived need for political stability and democratic transition, at times proved an obstacle to the administration of justice? Are some of the acknowledged failings of international policy in the 1990s finding some resonance in more recent court proceedings? This highly relevant and comprehensive book will be of interest to students and scholars of political science, international relations, transitional justice, Balkan area studies, human rights law, international criminal and peace and conflict studies.
A nuanced discussion of why war crimes occur, what can be done to bring the perpetrators to justice, and the prospects of preventing such atrocities in the future.
Book Synopsis War Crimes by : David Chuter
Download or read book War Crimes written by David Chuter and published by Lynne Rienner Publishers. This book was released on 2003 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A nuanced discussion of why war crimes occur, what can be done to bring the perpetrators to justice, and the prospects of preventing such atrocities in the future.
Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.
Book Synopsis Justice in a Time of War by : Pierre Hazan
Download or read book Justice in a Time of War written by Pierre Hazan and published by Texas A&M University Press. This book was released on 2004-09-03 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.
The International Criminal Tribunals for the Former Yugoslavia and Rwanda establish the beginning of a new pattern in the genuine international implementation of international criminal law and the move back to the international model inaugurated at Nuremberg. But even these tribunals were first and foremost, the by-products of international realpolitik. They were born out of a political desire to redeem the international community's conscience rather than the primary commitment of the international community to guarantee international justice. In the early stages, there was a persistent lack of political will by Member States to act, or to act with enough assertiveness with regard to the conflicts, notwithstanding the exposition of deliberate and systematic patterns of massive violations of human rights. The Yugoslav and Rwanda Tribunals were not established because of the United Nations, or the powerful States that control it. They were not established because of an intrinsic value on punishing war criminals or upholding the rule of law. Rather, the mobilisation of shame by non-governmental organisations and especially the grisly pictures beamed to the world by the television camera created a public relations nightmare and made liars of the centres of Western civilisation.
Book Synopsis International Justice in the Shadow of Realpolitik by : Jackson Nyamuya Maogoto
Download or read book International Justice in the Shadow of Realpolitik written by Jackson Nyamuya Maogoto and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunals for the Former Yugoslavia and Rwanda establish the beginning of a new pattern in the genuine international implementation of international criminal law and the move back to the international model inaugurated at Nuremberg. But even these tribunals were first and foremost, the by-products of international realpolitik. They were born out of a political desire to redeem the international community's conscience rather than the primary commitment of the international community to guarantee international justice. In the early stages, there was a persistent lack of political will by Member States to act, or to act with enough assertiveness with regard to the conflicts, notwithstanding the exposition of deliberate and systematic patterns of massive violations of human rights. The Yugoslav and Rwanda Tribunals were not established because of the United Nations, or the powerful States that control it. They were not established because of an intrinsic value on punishing war criminals or upholding the rule of law. Rather, the mobilisation of shame by non-governmental organisations and especially the grisly pictures beamed to the world by the television camera created a public relations nightmare and made liars of the centres of Western civilisation.
The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War. Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics. In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men reveals a Cold War dynamic that still roils East Asian relations today.
Book Synopsis Men to Devils, Devils to Men by : Barak Kushner
Download or read book Men to Devils, Devils to Men written by Barak Kushner and published by Harvard University Press. This book was released on 2015-01-05 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War. Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics. In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men reveals a Cold War dynamic that still roils East Asian relations today.
Book Synopsis The Darfur Name Game by : Angela Overton
Download or read book The Darfur Name Game written by Angela Overton and published by . This book was released on 2014 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Combining history, politics, and critical analysis, he revisits the killing fields of Cambodia, documents the three-month Hutu "machete genocide" of about 800,000 Tutsi villagers in Rwanda, and casts recent headlines from Kosovo in the light of these other conflicts."--BOOK JACKET.
Book Synopsis Prosecuting War Crimes and Genocide by : Howard Ball
Download or read book Prosecuting War Crimes and Genocide written by Howard Ball and published by . This book was released on 1999 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining history, politics, and critical analysis, he revisits the killing fields of Cambodia, documents the three-month Hutu "machete genocide" of about 800,000 Tutsi villagers in Rwanda, and casts recent headlines from Kosovo in the light of these other conflicts."--BOOK JACKET.
