Geoffrey Blest
- 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 ...
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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 explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.Less
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 explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.
Michael Banton
- Published in print:
- 1996
- Published Online:
- November 2003
- ISBN:
- 9780198280613
- eISBN:
- 9780191598760
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280610.003.0002
- Subject:
- Political Science, International Relations and Politics
Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The ...
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Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The Tribunal's judgement was a foundation for the development of international human rights law by the UN.Less
Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The Tribunal's judgement was a foundation for the development of international human rights law by the UN.
Jann K. Kleffner
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199238453
- eISBN:
- 9780191716744
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238453.001.0001
- Subject:
- Law, Public International Law
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against ...
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The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.Less
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
Shane Darcy
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199591466
- eISBN:
- 9780191595585
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199591466.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explores how judicial creativity at the ad hoc Tribunals has led to a reinvention of the law of war crimes, arguably the most far-reaching jurisprudential contribution of the Tribunals. ...
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This chapter explores how judicial creativity at the ad hoc Tribunals has led to a reinvention of the law of war crimes, arguably the most far-reaching jurisprudential contribution of the Tribunals. It considers the ground-breaking Tadić jurisprudence relating to grave breaches and ‘violations of the laws and customs of war’, and explores how the formulation for war crimes devised by the Appeals Chamber has been followed with regard to specific offences. The chapter looks at a potential downside of such expansive conceptions of the law in terms of a possible compromising of the principle nullum crimen sine lege. Given the nature of the Rome Statute of the International Criminal Court, it is argued that the culmination of the work of the ad hoc Tribunals may mark the end of an era of judicial creativity in the context of the international law of war crimes.Less
This chapter explores how judicial creativity at the ad hoc Tribunals has led to a reinvention of the law of war crimes, arguably the most far-reaching jurisprudential contribution of the Tribunals. It considers the ground-breaking Tadić jurisprudence relating to grave breaches and ‘violations of the laws and customs of war’, and explores how the formulation for war crimes devised by the Appeals Chamber has been followed with regard to specific offences. The chapter looks at a potential downside of such expansive conceptions of the law in terms of a possible compromising of the principle nullum crimen sine lege. Given the nature of the Rome Statute of the International Criminal Court, it is argued that the culmination of the work of the ad hoc Tribunals may mark the end of an era of judicial creativity in the context of the international law of war crimes.
Aryeh Neier
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691135151
- eISBN:
- 9781400841875
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691135151.003.0011
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
This chapter discusses that a major goal of the international human rights movement has been to secure accountability for especially grave abuses. This focus has led to the so-called “truth ...
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This chapter discusses that a major goal of the international human rights movement has been to secure accountability for especially grave abuses. This focus has led to the so-called “truth commissions” in many countries, principally in Latin America and Sub-Saharan Africa, but also in several countries of Asia and in Morocco; prosecutions of literally scores of former heads of state before national courts in various parts of the world; increased use of the principle of universal jurisdiction in prosecutions, mainly in Europe, against those accused of gross abuses committed in other countries; and, what is likely to be the most lasting and significant means of securing accountability, the establishment of several international criminal tribunals to prosecute and punish those accused of war crimes, crimes against humanity, and genocide.Less
This chapter discusses that a major goal of the international human rights movement has been to secure accountability for especially grave abuses. This focus has led to the so-called “truth commissions” in many countries, principally in Latin America and Sub-Saharan Africa, but also in several countries of Asia and in Morocco; prosecutions of literally scores of former heads of state before national courts in various parts of the world; increased use of the principle of universal jurisdiction in prosecutions, mainly in Europe, against those accused of gross abuses committed in other countries; and, what is likely to be the most lasting and significant means of securing accountability, the establishment of several international criminal tribunals to prosecute and punish those accused of war crimes, crimes against humanity, and genocide.
Simon Chesterman
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199263486
- eISBN:
- 9780191600999
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263485.003.0006
- Subject:
- Political Science, International Relations and Politics
How can faith in local institutions — most importantly the rule of law — be supported? In many situations, the very laws to be enforced will themselves be controversial, as Serb laws were in ...
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How can faith in local institutions — most importantly the rule of law — be supported? In many situations, the very laws to be enforced will themselves be controversial, as Serb laws were in post‐conflict Kosovo. Similarly, appointment of judges gives rise to tensions between the need to involve local actors and the desire of international actors to maintain high standards of accountability (for the locals as well as themselves). These tensions may come to a head around the most political crimes, in turn raising the question of how to address a legacy of human rights abuse.Less
How can faith in local institutions — most importantly the rule of law — be supported? In many situations, the very laws to be enforced will themselves be controversial, as Serb laws were in post‐conflict Kosovo. Similarly, appointment of judges gives rise to tensions between the need to involve local actors and the desire of international actors to maintain high standards of accountability (for the locals as well as themselves). These tensions may come to a head around the most political crimes, in turn raising the question of how to address a legacy of human rights abuse.
Jeffrey C. Alexander
- Published in print:
- 2003
- Published Online:
- May 2012
- ISBN:
- 9780195160840
- eISBN:
- 9780199944156
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160840.003.0012
- Subject:
- Sociology, Culture
This chapter explores the social creation of a cultural fact and evaluates the effects of this cultural fact on social and moral life. It analyses the creation of moral universals, focusing on the ...
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This chapter explores the social creation of a cultural fact and evaluates the effects of this cultural fact on social and moral life. It analyses the creation of moral universals, focusing on the Holocaust and the associated war crime and trauma. It attempts to explain how a historical event, an event marked by ethnic and racial hatred, violence, and war, became transformed into a generalized symbol of human suffering and moral evil and a universalized symbol whose very existence has created historically unprecedented opportunities for ethnic, racial, and religious justice, for mutual recognition, and for global conflicts to become regulated in a more civil way.Less
This chapter explores the social creation of a cultural fact and evaluates the effects of this cultural fact on social and moral life. It analyses the creation of moral universals, focusing on the Holocaust and the associated war crime and trauma. It attempts to explain how a historical event, an event marked by ethnic and racial hatred, violence, and war, became transformed into a generalized symbol of human suffering and moral evil and a universalized symbol whose very existence has created historically unprecedented opportunities for ethnic, racial, and religious justice, for mutual recognition, and for global conflicts to become regulated in a more civil way.
Guénaél Mettraux
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207541
- eISBN:
- 9780191709203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207541.003.0025
- Subject:
- Law, Human Rights and Immigration
Both genocide and war crimes are regarded as serious violations of international humanitarian law. Just as with genocide, war crimes may, in principle, be committed by and against civilians and ...
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Both genocide and war crimes are regarded as serious violations of international humanitarian law. Just as with genocide, war crimes may, in principle, be committed by and against civilians and military alike. The law of genocide and the laws of war have very different origins, however, and both categories of crime cover essentially different protected interests. War crimes and genocide contain a number of elements which are not required by the other, the most obvious being that while war crimes, of their nature, may only be committed in times of war, genocide may be committed during war or peace. Under the prevailing test of cumulative convictions developed by a majority of the appeals chamber, an individual who has been charged with both war crimes and genocide for the same criminal conduct could be convicted for both categories of crimes.Less
Both genocide and war crimes are regarded as serious violations of international humanitarian law. Just as with genocide, war crimes may, in principle, be committed by and against civilians and military alike. The law of genocide and the laws of war have very different origins, however, and both categories of crime cover essentially different protected interests. War crimes and genocide contain a number of elements which are not required by the other, the most obvious being that while war crimes, of their nature, may only be committed in times of war, genocide may be committed during war or peace. Under the prevailing test of cumulative convictions developed by a majority of the appeals chamber, an individual who has been charged with both war crimes and genocide for the same criminal conduct could be convicted for both categories of crimes.
Donald W. Shriver, Jr.
- Published in print:
- 2005
- Published Online:
- September 2006
- ISBN:
- 9780195151534
- eISBN:
- 9780199785056
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195151534.003.0006
- Subject:
- Religion, Religion and Society
This chapter celebrates public occasions and measures in recent years where the American government and citizens’ groups acknowledged national “misdeeds” in international relations, especially in its ...
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This chapter celebrates public occasions and measures in recent years where the American government and citizens’ groups acknowledged national “misdeeds” in international relations, especially in its wars. The chapter begins with the 1998 Pentagon award of three soldiers’ medals to the helicopter crewmen who sought to call the My Lai massacre to a halt. It then describes recent presidential apologies for American failures to curb massacres in Bosnia and Rwanda. The author then nominates some still-to-be-acknowledged occasions for repentance in this country’s recent international affairs: the civilian-bombings of World War II, failures of public leaders to mourn — or even to count — the deaths of enemies in war, and the arrogance of American claims to global “full spectrum dominance”. The chapter concludes with pleas that America listen more carefully to its friendly critics in other countries, especially the two countries with which the book began: Germany and South Africa.Less
This chapter celebrates public occasions and measures in recent years where the American government and citizens’ groups acknowledged national “misdeeds” in international relations, especially in its wars. The chapter begins with the 1998 Pentagon award of three soldiers’ medals to the helicopter crewmen who sought to call the My Lai massacre to a halt. It then describes recent presidential apologies for American failures to curb massacres in Bosnia and Rwanda. The author then nominates some still-to-be-acknowledged occasions for repentance in this country’s recent international affairs: the civilian-bombings of World War II, failures of public leaders to mourn — or even to count — the deaths of enemies in war, and the arrogance of American claims to global “full spectrum dominance”. The chapter concludes with pleas that America listen more carefully to its friendly critics in other countries, especially the two countries with which the book began: Germany and South Africa.
Guénaél Mettraux
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207541
- eISBN:
- 9780191709203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207541.003.0006
- Subject:
- Law, Human Rights and Immigration
A war crime may be defined as a serious violation of the laws or customs of war which entails individual criminal responsibility under international law. From the point of view of the ad hoc ...
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A war crime may be defined as a serious violation of the laws or customs of war which entails individual criminal responsibility under international law. From the point of view of the ad hoc tribunals created for the former Yugoslavia and Rwanda, only those war crimes that are stipulated in the statute (expressly or implicitly) may be prosecuted. Furthermore, in order to prosecute those crimes successfully under the statute, the prosecution must establish in relation to each one of them, that at the time when these acts were committed there existed a state of armed conflict in the relevant area and that the acts of the accused were sufficiently connected to that conflict and that the offence allegedly committed constituted a serious infringement of a rule of international humanitarian law that entailed his or her individual criminal responsibility under international law at that time.Less
A war crime may be defined as a serious violation of the laws or customs of war which entails individual criminal responsibility under international law. From the point of view of the ad hoc tribunals created for the former Yugoslavia and Rwanda, only those war crimes that are stipulated in the statute (expressly or implicitly) may be prosecuted. Furthermore, in order to prosecute those crimes successfully under the statute, the prosecution must establish in relation to each one of them, that at the time when these acts were committed there existed a state of armed conflict in the relevant area and that the acts of the accused were sufficiently connected to that conflict and that the offence allegedly committed constituted a serious infringement of a rule of international humanitarian law that entailed his or her individual criminal responsibility under international law at that time.
Siobhán Wills
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199533879
- eISBN:
- 9780191714801
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533879.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explores the extent to which historically there has been an expectation on the part of the UN, the international community, and local communities that peacekeepers have some obligation ...
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This chapter explores the extent to which historically there has been an expectation on the part of the UN, the international community, and local communities that peacekeepers have some obligation to try and protect civilians from crimes against humanity, war crimes, and other serious abuses of their human rights; and the extent to which this expectation was fulfilled. It discusses the theoretical development of peacekeeping and its evolution in practice, focusing in particular on the tension between on the one hand; respect for State sovereignty, the consensual nature of peacekeeping and the importance of remaining impartial as between the warring parties, and the need to be prepared to use force to protect civilians from crimes against humanity, war crimes, and other serious abuses of their human rights, on the other hand. It explores the gradual evolution from consciously non-interventionist principles of peacekeeping, in which protection obligations were viewed as intrinsic to the nature of peacekeeping but were not specifically addressed; to the explicit authorization of protection as the norm for peacekeeping mandates, albeit on highly qualified terms.Less
This chapter explores the extent to which historically there has been an expectation on the part of the UN, the international community, and local communities that peacekeepers have some obligation to try and protect civilians from crimes against humanity, war crimes, and other serious abuses of their human rights; and the extent to which this expectation was fulfilled. It discusses the theoretical development of peacekeeping and its evolution in practice, focusing in particular on the tension between on the one hand; respect for State sovereignty, the consensual nature of peacekeeping and the importance of remaining impartial as between the warring parties, and the need to be prepared to use force to protect civilians from crimes against humanity, war crimes, and other serious abuses of their human rights, on the other hand. It explores the gradual evolution from consciously non-interventionist principles of peacekeeping, in which protection obligations were viewed as intrinsic to the nature of peacekeeping but were not specifically addressed; to the explicit authorization of protection as the norm for peacekeeping mandates, albeit on highly qualified terms.
Donald Bloxham
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780198208723
- eISBN:
- 9780191717017
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208723.003.0001
- Subject:
- History, European Modern History
This introductory chapter begins with a brief explanation of the purpose of the book, which is to show that the war crimes trials did little to clarify conceptualizations of Nazi criminality in the ...
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This introductory chapter begins with a brief explanation of the purpose of the book, which is to show that the war crimes trials did little to clarify conceptualizations of Nazi criminality in the public sphere anywhere. Sometimes they actually muddied the waters by drawing attention away from the victims of Nazi genocide and onto much more ambiguous symbols of suffering. It then discusses the trials enacted after the Second World War and the early formation of punishment policy. An overview of the subsequent chapters is presented.Less
This introductory chapter begins with a brief explanation of the purpose of the book, which is to show that the war crimes trials did little to clarify conceptualizations of Nazi criminality in the public sphere anywhere. Sometimes they actually muddied the waters by drawing attention away from the victims of Nazi genocide and onto much more ambiguous symbols of suffering. It then discusses the trials enacted after the Second World War and the early formation of punishment policy. An overview of the subsequent chapters is presented.
Kevin Jon Heller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199554317
- eISBN:
- 9780191728624
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554317.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals ...
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This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the ‘major war criminals’ — the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers — the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes — crimes against peace, war crimes, and crimes against humanity — as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defences that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.Less
This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the ‘major war criminals’ — the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers — the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes — crimes against peace, war crimes, and crimes against humanity — as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defences that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
Bing Bing Jia
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198268376
- eISBN:
- 9780191683510
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268376.003.0011
- Subject:
- Law, Public International Law
This chapter examines the concepts of war crimes and crimes against humanity in the context of international criminal law. It analyses whether there is a customary rule that allows for charges of war ...
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This chapter examines the concepts of war crimes and crimes against humanity in the context of international criminal law. It analyses whether there is a customary rule that allows for charges of war crimes and crimes against humanity to be considered as the same offence, and evaluates how customary international law treats these two types of crime. It explores the possibility of hierarchical distinction between these two crimes in terms of gravity.Less
This chapter examines the concepts of war crimes and crimes against humanity in the context of international criminal law. It analyses whether there is a customary rule that allows for charges of war crimes and crimes against humanity to be considered as the same offence, and evaluates how customary international law treats these two types of crime. It explores the possibility of hierarchical distinction between these two crimes in terms of gravity.
Donald Bloxham
- 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 ...
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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 the ‘Belsen’ cases, and to a lesser extent, on the first Dachau trial. As a consequence both of their timing and their subject-matter, and in Germany in part as a result of the Allied control of the news media, these three commanded the most widespread attention of any trials of the period. The chapter culminates in an examination of what was effectively a non-representation at the trials: that of the Polish extermination centres of Belzec, Sobibor, and Treblinka. Besides the IMT trial, it brings in consideration of the first and fourth of the subsequent Nuremberg proceedings. These were, respectively, the Medical trial and the Pohl trial against members of the SS Business Administration Head Office, the organization that administered the concentration camps from March 1942 onwards. The chapter shows how the trials avoided consideration of the clearest signifier of Nazi genocidal antisemitism. Trial policy was implicated in the process of conflation and homogenization that characterized occupation policy as a whole and that created the enduring camp trope. This process was one that would have wide-ranging ramifications in a world where victimhood was fast becoming ready political currency.Less
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 the ‘Belsen’ cases, and to a lesser extent, on the first Dachau trial. As a consequence both of their timing and their subject-matter, and in Germany in part as a result of the Allied control of the news media, these three commanded the most widespread attention of any trials of the period. The chapter culminates in an examination of what was effectively a non-representation at the trials: that of the Polish extermination centres of Belzec, Sobibor, and Treblinka. Besides the IMT trial, it brings in consideration of the first and fourth of the subsequent Nuremberg proceedings. These were, respectively, the Medical trial and the Pohl trial against members of the SS Business Administration Head Office, the organization that administered the concentration camps from March 1942 onwards. The chapter shows how the trials avoided consideration of the clearest signifier of Nazi genocidal antisemitism. Trial policy was implicated in the process of conflation and homogenization that characterized occupation policy as a whole and that created the enduring camp trope. This process was one that would have wide-ranging ramifications in a world where victimhood was fast becoming ready political currency.
Alejandro Chehtman
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199603404
- eISBN:
- 9780191725173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603404.003.0005
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter presents a jurisdictional theory of international crimes. It argues that the defining feature of the concept of an international crime is that it warrants conferring upon at least some ...
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This chapter presents a jurisdictional theory of international crimes. It argues that the defining feature of the concept of an international crime is that it warrants conferring upon at least some extraterritorial authority the power to punish their perpetrators. It critically examines the leading arguments available in the literature, i.e., piracy-based explanations and the view of international crimes as harming humanity as a whole, and submits that they ultimately fail to account for their specific jurisdictional regime. This is mainly because these arguments are entirely unrelated to the reasons that justify meting out legal punishment to offenders in the first place. By contrast, the argument provided in Chapter 2 allows us to explain precisely this normative implication for standard cases of international crimes. The chapter also considers certain cases of war crimes and different varieties of terrorism to assess the explanatory potential of the view hereby endorsed. It concludes by examining the general objection put forward in the literature that a plausible theory of international criminal justice does not need an account of international crimes.Less
This chapter presents a jurisdictional theory of international crimes. It argues that the defining feature of the concept of an international crime is that it warrants conferring upon at least some extraterritorial authority the power to punish their perpetrators. It critically examines the leading arguments available in the literature, i.e., piracy-based explanations and the view of international crimes as harming humanity as a whole, and submits that they ultimately fail to account for their specific jurisdictional regime. This is mainly because these arguments are entirely unrelated to the reasons that justify meting out legal punishment to offenders in the first place. By contrast, the argument provided in Chapter 2 allows us to explain precisely this normative implication for standard cases of international crimes. The chapter also considers certain cases of war crimes and different varieties of terrorism to assess the explanatory potential of the view hereby endorsed. It concludes by examining the general objection put forward in the literature that a plausible theory of international criminal justice does not need an account of international crimes.
Guénaël Mettraux
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207541
- eISBN:
- 9780191709203
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207541.001.0001
- Subject:
- Law, Human Rights and Immigration
The contribution of the ad hoc tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the ...
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The contribution of the ad hoc tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), provoking discussion for many years to come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. This book examines the legal and historical significance of some of the most important judicial developments to occur in the last fifty years in international criminal law. It states the law of the tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the tribunals’ jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).Less
The contribution of the ad hoc tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), provoking discussion for many years to come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. This book examines the legal and historical significance of some of the most important judicial developments to occur in the last fifty years in international criminal law. It states the law of the tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the tribunals’ jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).
CHUSHICHI TSUZUKI
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198205890
- eISBN:
- 9780191676840
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198205890.003.0016
- Subject:
- History, World Modern History, Political History
This chapter describes the new constitution and the Tokyo War Crimes Trial. It talks about the ‘unconditional’ surrender. It also presents some characteristics of the reform period of the American ...
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This chapter describes the new constitution and the Tokyo War Crimes Trial. It talks about the ‘unconditional’ surrender. It also presents some characteristics of the reform period of the American occupation. Democracy was not to be imposed. The chapter then explains the sabotaged democracy. In addition, it discusses the war crimes and the Far Eastern Military Tribunal. The revival of political parties under the occupation period is reported. The major concern of the Shidehara government was to put an end to the ‘aberration’ of wartime military rule and to return to pre-war parliamentary politics or what was known as Taisho democracy. Political parties took advantage of the Potsdam Declaration.Less
This chapter describes the new constitution and the Tokyo War Crimes Trial. It talks about the ‘unconditional’ surrender. It also presents some characteristics of the reform period of the American occupation. Democracy was not to be imposed. The chapter then explains the sabotaged democracy. In addition, it discusses the war crimes and the Far Eastern Military Tribunal. The revival of political parties under the occupation period is reported. The major concern of the Shidehara government was to put an end to the ‘aberration’ of wartime military rule and to return to pre-war parliamentary politics or what was known as Taisho democracy. Political parties took advantage of the Potsdam Declaration.
Guénaél Mettraux
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207541
- eISBN:
- 9780191709203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207541.003.0024
- Subject:
- Law, Human Rights and Immigration
Four elements distinguish war crimes from crimes against humanity. War crimes may only be committed during an armed conflict, whereas crimes against humanity can be committed both in times of war and ...
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Four elements distinguish war crimes from crimes against humanity. War crimes may only be committed during an armed conflict, whereas crimes against humanity can be committed both in times of war and of peace. Furthermore, a crime against humanity may be committed against nationals of any state, including that state’s own nationals, if the state takes part in the attack. Whereas crimes against humanity may only be committed against civilians, most war crimes may be committed against both civilians and enemy combatants. A crime against humanity must be committed as part of a widespread or systematic attack upon a civilian population; there is no such requirement for a war crime. An isolated act could qualify as a war crime, but not as a crime against humanity. Nearly all of the underlying offences which could qualify as crimes against humanity would also amount, all other conditions being met, to war crimes, but the converse is not necessarily true.Less
Four elements distinguish war crimes from crimes against humanity. War crimes may only be committed during an armed conflict, whereas crimes against humanity can be committed both in times of war and of peace. Furthermore, a crime against humanity may be committed against nationals of any state, including that state’s own nationals, if the state takes part in the attack. Whereas crimes against humanity may only be committed against civilians, most war crimes may be committed against both civilians and enemy combatants. A crime against humanity must be committed as part of a widespread or systematic attack upon a civilian population; there is no such requirement for a war crime. An isolated act could qualify as a war crime, but not as a crime against humanity. Nearly all of the underlying offences which could qualify as crimes against humanity would also amount, all other conditions being met, to war crimes, but the converse is not necessarily true.
Clark Ian
- Published in print:
- 1988
- Published Online:
- October 2011
- ISBN:
- 9780198273257
- eISBN:
- 9780191684012
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198273257.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter analyses the regulation of warfare. It begins by discussing the nature of war crimes and the associated problem of responsibility for their perpetration. The chapter then examines the ...
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This chapter analyses the regulation of warfare. It begins by discussing the nature of war crimes and the associated problem of responsibility for their perpetration. The chapter then examines the case of guerrilla or insurgency warfare and explores the difficulties of applying the rules of war to a non-conventional military environment. Finally, it reviews the two principal modes for the restraint of war – restrictions on weapons and targets – and the difficulties created by their implementation.Less
This chapter analyses the regulation of warfare. It begins by discussing the nature of war crimes and the associated problem of responsibility for their perpetration. The chapter then examines the case of guerrilla or insurgency warfare and explores the difficulties of applying the rules of war to a non-conventional military environment. Finally, it reviews the two principal modes for the restraint of war – restrictions on weapons and targets – and the difficulties created by their implementation.
