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This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
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In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.
International criminal courts --- Criminal courts --- International courts --- Complementarity (International law) --- History. --- International Criminal Tribunal for Rwanda --- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 --- International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia --- International Criminal Tribunal for the Former Yugoslavia --- International Tribunal for the Former Yugoslavia --- Tribunal pénal international pour l'Ex-Yougoslavie --- ICTY --- TPIY --- Tribunal international chargé de poursuivre les personnes présumées responsables de violations graves du droit international humanitaire commises sur le territoire de l'ex-Yougoslavie depuis 1991 --- Međunarodni trubunal za suđenje licima odgovornim za teške povrede međunarodnog humanitarnog prava na teritoriji bivše Jugoslavije od 1991. godine --- Haški tribunal --- United Nations. --- Hague Tribunal --- Internationaler Strafgerichtshof in Den Haag --- Haiya shen pan --- Mezhdunarodnyĭ tribunal po byvsheĭ I︠U︡goslavii --- MTBI︠U︡ --- Mechanism for International Criminal Tribunals --- ICTR (International Criminal Tribunal for Rwanda) --- International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994 --- International Tribunal for Rwanda --- International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States --- Rwanda Tribunal --- TPIR (Tribunal for Rwanda) --- Tribunal pénal international chargé de juger les personnes présumées responsables d'actes de génocide ou d'autres violations graves du droit international humanitaire commis sur le territoire du Rwanda et les citoyens rwandais présumés responsables de tels actes ou violations commis sur le territoire d'états voisins entre le 1er janvier et le 31 décembre 1994 --- Tribunal pénal international pour le Rwanda --- Urukiko Nshinjabyaha Mpuzamahanga rwagenewe u Rwanda --- International Criminal Court for Rwanda --- United Nations --- Influence.
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International criminal courts --- History. --- International Criminal Tribunal for Rwanda --- International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 --- Influence. --- Influence.
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Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.
International law --- United States --- Foreign relations --- Law and legislation. --- Law --- General and Others
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Cherif Bassiouni is often referred to as 'the father of international criminal law.' Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour , UN High Commissioner for Human Rights; Mahnoush Arsanjani , Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher , UN Independent Expert on Combating Impunity; Michael Reisman , former President of the Inter-American Commission for Human Rights; Yves Sandoz , Director for International Law of the International Committee of the Red Cross; William Schabas , Member of the Sierra Leone Truth Commission; Brigitte Stern , Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal , first President of the Assembly of States Parties of the International Criminal Court.
Criminal jurisdiction. --- Criminal procedure (International law) --- International criminal procedure --- International criminal law --- Conflict of criminal jurisdiction --- Conflict of laws --- Criminal law --- Criminal procedure --- Exterritorial crime --- Jurisdiction --- Bassiouni, M. Cherif, --- Pa-hsi-ao-ni, M. C., --- Bassiouni, Cherif, --- Baxiaoni, M. C., --- Basyūnī, Maḥmūd Sharīf, --- بسيونى، محمود شريف، --- Bassiouni, Mahmoud Cherif,
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International criminal courts. --- War crime trials --- Yugoslav War, 1991-1995
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War crime trials --- Former Yugoslav republics --- Politics and government.
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