Accountability for Human Rights Atrocities in International Law
Beyond the Nuremberg Legacy
Series: Oxford Monographs in International Law;
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 5 April 2001
- ISBN 9780198298717
- Binding Paperback
- No. of pages484 pages
- Size 234x156x24 mm
- Weight 749 g
- Language English 0
Categories
Short description:
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.
Long description:
The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. International law had little to say on this subject from the time of the Nuremberg and Tokyo trials fifty years ago until very recently. In this well-researched book, Steven Ratner and Jason Abrams offer a comprehensive study of the promise and limitations of international criminal law 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 and crimes against humanity. They go on to appraise the most important prosecutorial and other mechanisms developed to bring individuals to
justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. In this new edition the authors also cover 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.
Table of Contents:
PART ONE: SUBSTANTIVE LAW
Individual Accountability for Human Rights Abuses: Historical and Legal Underpinnings
Genocide and the Imperfections of Codification
Crimes Against Humanity and the Inexactitude of Custom
War Crimes and the Limitations of Accountability for Acts in Armed Conflict
Other Abuses Incurring Individual Responsibility under International Law
Expanding and Contracting Culpability: Related Crimes, Defenses, and Other Barriers to Criminality
PART TWO: MECHANISMS FOR ACCOUNTABILITY
Mechanisms for Accountability: Framing the Issues
The Forum of First Resort: National Tribunals
The Progeny of Nuremberg: International Criminal Tribunals
Non-Prosecutorial Options: Investigatory Commissions, Civil Suits, and Immigration Measure
Developing the Case: Comments on Evidence and Judicial Assistance
PART THREE: A CASE STUDY: THE ATTROCITIES OF THE KHMER ROUGE
The Khmer Rouge Rule Over Cambodia: A Historical Overview
Engaging the Mechanisms
PART FOUR: CONCLUSIONS
Striving for Justice: The Prospect for Individual Accountability Appendices
Appendices
