基本説明
New in paperback. Hardcover was published in 2004. Looking at how the law can be used to bring human rights violators to justice, with a wide range of subjects, including immunities, justice in international and mixed courts, etc.
Full Description
The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other.
The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs
Contents
PART I ATROCITY, IMPUNITY, JUSTICE
1. From Nuremberg to Rome: A Personal Account
Benjamin Ferencz
2. Universal Jurisdiction: New Uses for an Old Tool
Christopher Keith Hall
3. Immunities for Heads of State: Where Do We Stand?
Brigitte Stern
4. Their Atrocities and Our Misdemeanours: The Reticence of States to Try Their 'Own Nationals' for International Crimes
Timothy L H McCormack
PART II JUSTICE IN INTERNATIONAL AND MIXED LAW COURTS
5. The International Criminal Tribunals for the Former Yugoslavia and Rwanda
Graham T Blewitt
6. The Collection and Admissibility of Evidence and the Rights of the Accused
Richard May
7. The Permanent International Criminal Court
M Cherif Bassiouni
8. Striking a Balance: Mixed Law Tribunals and Conflicts of Jurisdiction
Diane F Orentlicher
PART III JUSTICE IN NATIONAL COURTS
9. Pursuing Crimes Against Humanity in the United States: The Need for a Comprehensive Liability Regime
William J Aceves and Paul L Hoffman
10. Criminal Responsibility in the UK for International Crimes Beyond Pinochet
Clare Montgomery
11. Civil Reparation in National Courts for Victims of Human Rights Abuse
Fiona McKay
12. National Action Challenged: Sovereignty, Immunity and Universal Jurisdiction before the International Court of Justice
Andrew Clapham
PART IV PERSPECTIVES FROM PRACTITIONERS
13. Personal Perspectives
13.1 PW Botha Before South Africa's Truth and Reconciliation Process
Alex Boraine
13.2 Prosecuting Hastings Banda in Malawi
Sadakat Kadri
13.3 The Contribution of International Tribunals to the Development of International Criminal Law
Eric David
13.4 UK Prosecutions for Crimes Under International Law
Geoffrey Bindman
13.5 The UN Human Rights Machinery and International Criminal Law
Nigel Rodley
13.6 Using Universal Jurisdiction to Combat Impunity
Reed Brody
PART V CONCLUSION
14. Enforcing Human Rights through International Criminal Law
Mark Lattimer
