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The Politics of Establishing International Criminal Tribunals

Luc Reydams, Jan Wouters, and Cedric Ryngaert

in International Prosecutors

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199554294
eISBN:
9780191751691
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554294.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter presents a reconstruction of the historical and political context of the establishment of international tribunals. It looks at the political history of eleven courts employing ... More


The Contribution of the Courts: Nuremberg, Tokyo, and the Rest

Geoffrey Blest

in War and Law since 1945

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198206996
eISBN:
9780191677427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206996.003.0006
Subject:
History, Military History

This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It ... More


Genocide and International Criminal Tribunals

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0013
Subject:
Law, Human Rights and Immigration

The concepts of ‘genocide’ and ‘crimes against humanity’ essentially arose as a reaction to the crimes committed by Nazi Germany during the Second World War. Perhaps even more than crimes against ... More


The Tokyo International Military Tribunal - A Reappraisal

Neil Boister and Robert Cryer

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199278527
eISBN:
9780191706950
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278527.001.0001
Subject:
Law, Public International Law

The Tokyo International Military Tribunal (IMT) (1946-1948) is a neglected topic in the literature on post-war international criminal law. Condemned by its critics as ‘Victors' Justice’ and ... More


Shaping the Trials: The Politics of Trial Policy, 1945–1949

Donald Bloxham

in Genocide on Trial: War Crimes Trials and the Formation of Holocaust History and Memory

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198208723
eISBN:
9780191717017
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208723.003.0002
Subject:
History, European Modern History

This chapter studies the prosecution of prominent war criminals within the context of the broader trial policy of the British and Americans. It brings out the distinctly American flavour of the ... More


Crimes Against Peace: Definition and Bases of Responsibilit y

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0010
Subject:
Law, Public International Law

This chapter describes the principles applied by the various tribunals involved in imposing responsibility for crimes against peace: reference is made to the discussions of the International Law ... More


The Nature of the Nazi State and the Responsibility of Corporate Officials at Nuremberg

Doreen Lustig

in Veiled Power: International Law and the Private Corporation 1886-1981

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198822097
eISBN:
9780191861185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822097.003.0004
Subject:
Law, Private International Law

Chapter 4 explores how various conceptions of the Nazi totalitarian state influenced the findings and prosecutions of the Industrialist Trials at Nuremberg conducted against key officials in the ... More


Introduction

Thomas J. Laub

in After the Fall: German Policy in Occupied France, 1940-1944

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199539321
eISBN:
9780191715808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199539321.003.0001
Subject:
History, Military History, European Modern History

Introductory remarks trace the historiography of the German army and occupied France from war crimes trials held immediately after the war to the present. As they adjudicated cases of treason and war ... More


The Crime Question

Barrie Sander

in Doing Justice to History: Confronting the Past in International Criminal Courts

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198846871
eISBN:
9780191881879
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198846871.003.0004
Subject:
Law, Public International Law

This chapter examines the practices that have influenced the range and definition of crimes adjudicated within international criminal courts and the implications for the scope and content of the ... More


The Genocide Convention: The Gutting of Preventative Measures, 1946–48

Mark A. Lewis

in The Birth of the New Justice: The Internationalization of Crime and Punishment, 1919-1950

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660285
eISBN:
9780191757716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660285.003.0008
Subject:
History, European Modern History, Political History

The creation of the U.N. Genocide Convention in 1946–48 was a response to gaps in the Nuremberg Judgment, as well as a way of combining minorities protection from the 1920s with criminological ... More


The United States Role in Transitional Justice for Japan

Zachary D. Kaufman

in United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics

Published in print:
2016
Published Online:
April 2016
ISBN:
9780190243494
eISBN:
9780190243524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243494.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter is a case study documenting and analyzing the U.S. role in transitional justice for Japan in the immediate aftermath of WWII, including the establishment of the International Military ... More


The Prosecutorial Targets Question

Barrie Sander

in Doing Justice to History: Confronting the Past in International Criminal Courts

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198846871
eISBN:
9780191881879
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198846871.003.0003
Subject:
Law, Public International Law

This chapter examines the practices that have influenced the selection of prosecutorial targets in different institutional settings and the implications for the scope and content of the historical ... More


Concluding Thoughts

Roger S Clark

in Hong Kong's War Crimes Trials

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199643288
eISBN:
9780191749070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643288.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter places the Hong Kong trials in their contemporary perspective alongside the International Military Tribunal trials in Nuremberg and Tokyo, and makes some modern comparisons, based on the ... More


The Search for a Victim-Centered New Justice, 1942–1946: The World Jewish Congress and the Institute of Jewish Affairs 1

Mark A. Lewis

in The Birth of the New Justice: The Internationalization of Crime and Punishment, 1919-1950

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660285
eISBN:
9780191757716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660285.003.0007
Subject:
History, European Modern History, Political History

Legal groups devoted to building international criminal law between 1919 and 1939 were rarely concerned with the rights of minorities or what are today called “human rights.” During World War Two, an ... More


Occupation

Andrew T. McDonald and Verlaine Stoner McDonald

in Paul Rusch in Postwar Japan: Evangelism, Rural Development, and the Battle against Communism

Published in print:
2018
Published Online:
May 2019
ISBN:
9780813176079
eISBN:
9780813176109
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813176079.003.0006
Subject:
Society and Culture, Cultural Studies

Rusch returned to Japan to find destruction, despair, and starvation everywhere. Rusch began his work for the Civil Intelligence Section in Tokyo, uncovering evidence for the International Military ... More


The Limits of the Legal Imagination: Plumbing the Depths of Nazi Criminality

Donald Bloxham

in Genocide on Trial: War Crimes Trials and the Formation of Holocaust History and Memory

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198208723
eISBN:
9780191717017
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208723.003.0004
Subject:
History, European Modern History

This chapter considers the role of the early trials in the formation of the representation of the Nazi camps in the earliest and most widely publicized war crimes trials. It focuses on the IMT and ... More


The United States Role in Transitional Justice for Germany

Zachary D. Kaufman

in United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics

Published in print:
2016
Published Online:
April 2016
ISBN:
9780190243494
eISBN:
9780190243524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243494.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter is a case study documenting and analyzing the U.S. role in transitional justice for Germany in the immediate aftermath of WWII, including the establishment of the International Military ... More


Witness for the Prosecution: Films at Nuremberg

Leshu Torchin

in Creating the Witness: Documenting Genocide on Film, Video, and the Internet

Published in print:
2012
Published Online:
August 2015
ISBN:
9780816676224
eISBN:
9781452948812
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816676224.003.0003
Subject:
Sociology, Social Movements and Social Change

This chapter examines the role of cinematic technologies in the performance of international justice, with particular emphasis on three films in the first set of International Military Tribunals ... More


Introduction

Barrie Sander

in Doing Justice to History: Confronting the Past in International Criminal Courts

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198846871
eISBN:
9780191881879
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198846871.003.0001
Subject:
Law, Public International Law

This chapter introduces the book’s consideration of how international criminal courts have confronted the past in different institutional contexts. The chapter provides a chapter-by-chapter overview ... More


The Culpability Question

Barrie Sander

in Doing Justice to History: Confronting the Past in International Criminal Courts

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198846871
eISBN:
9780191881879
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198846871.003.0005
Subject:
Law, Public International Law

This chapter examines categories of culpability recognised by international criminal courts for attributing criminal responsibility for system crimes to individuals in different institutional ... More


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