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The drafters of the ICC's founding document, the Rome Statute, foresaw what would become the main challenge to the Court's legitimacy: that it could violate national sovereignty. To address this concern, the drafters added the principle of complementarity to the ICC's jurisdiction, in that the Court's province merely complements the exercise of jurisdiction by the domestic courts of the Statute's member states. The ICC honours the authority of those states to conduct their own trials. This ...
War crime trials. --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials
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Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides a comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognising institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognises international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And — perhaps most important of all — how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?
WAR CRIME TRIALS --- INTERNATIONAL CRIMINAL LAW --- War crime trials. --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials
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In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formalsurrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians durin
Law --- War crime trials. --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Hong Kong (China) --- History
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War crime trials --- World War, 1939-1945 --- War criminals --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Atrocities
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Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.
Transitional justice --- War crime trials --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Justice --- Human rights --- History
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"Between 1944 and 1949 the United States Navy held a war crimes tribunal that tried Japanese nationals and members of Guam's indigenous Chamorro population who had worked for Japan's military government. In Sacred Men Keith L. Camacho traces the tribunal's legacy and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property. Drawing on Giorgio Agamben's notions of bare life and Chamorro concepts of retribution, Camacho demonstrates how the U.S. tribunal used and justified imprisonment, torture, murder, and exiling of accused Japanese and Chamorro war criminals in order to institute a new American political order. This U.S. disciplinary logic in Guam, Camacho contends, continues to directly inform the ideology used to justify the Guantanamo Bay detention center, the torture and enhanced interrogation of enemy combatants, and the American carceral state."--Provided by publisher.
War crime trials --- World War, 1939-1945 --- History --- Atrocities --- Guam --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Giorgio Agamben --- empire --- indigeneity --- militarism --- sovereignty
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In the spring of 1942, Nazi forces occupying the Ukraine launched a wave of executions targeting the region's remaining Jewish communities. These mass shootings were open, public, and intimate. Although the victims themselves could never testify against their killers, many eyewitnesses could and did identify the perpetrators.
Holocaust, Jewish (1939-1945) --- War crime trials --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Crimes de guerre --- Shoah --- Procès --- Australie --- Ukraine
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INHALT 1. EINLEITUNG8 1.1 Fragestellung 1.2 Quellenlage 1.3 Forschungsstand 1.4 Methodisches 1.5 Gliederung der Arbeit 2. AUSSÖHNUNG ODER BESTRAFUNG? 2.1 Rechtliche Fragen im Umgang mit dem Feind 2.2 Amnestie für die Konföderierten 2.3 Konföderierte vor Gericht 3. DIE PERSON HENRY WIRZ 3.1 Wirz' Zeit in der Schweiz 3.2 Auf nach Amerika 3.3 Laufbahn in der Konföderationsarmee 3.4 Lagerkommandant in Andersonville 4. DAS LAGER ANDERSONVILLE 4.1 Die Entwicklung der Gefangenen- und Totenzahlen 4.2 Die Versorgungs
War crime trials. --- Trials (War crimes) --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Wirz, Henry, --- Wirz, Heinrich Hartmann, --- Wirz, Hartmann Heinrich,
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Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides a comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognizing institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognizes international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And - perhaps most important of all - how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?
War crime trials. --- Trials (Crimes against humanity) --- Trials (Genocide) --- Trials --- Trials (War crimes) --- Law / Legal History --- Law / International --- Law / Comparative --- Law
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