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Sovereignty and justice
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ISBN: 1443859656 9781443859653 1306858682 9781306858687 Year: 2014 Publisher: Newcastle upon Tyne, UK

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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 ...


Book
The hidden histories of war crimes trials
Authors: ---
ISBN: 9780199671144 Year: 2013 Publisher: Oxford, United Kingdom : Oxford University Press,

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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?


Book
Hong Kong's war crimes trials
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ISBN: 0191749079 0191652989 0191652970 9780191652974 9780191749070 9780199643288 0199643288 Year: 2013 Publisher: Oxford, United Kingdom

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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


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A reckoning
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ISBN: 9780299318635 029931863X 9780299318604 0299318605 Year: 2019 Publisher: Madison, Wisconsin

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Democracy, Nazi trials, and transitional justice in Germany, 1945-1950
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ISBN: 1108916546 1139021079 0521871298 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Sacred men : law, torture, and retribution in Guam
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ISBN: 1478005661 147800634X 1478005033 1478090235 9781478006343 9781478005667 Year: 2019 Publisher: Durham : Duke University Press,

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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.


Book
The scene of the mass crime : history, film, and international tribunals
Authors: ---
ISBN: 9780415688949 9780415688956 9780203121986 9781136330674 9781136330629 9781136330667 0203121988 0415688949 0415688957 Year: 2013 Publisher: Abingdon: Routledge,


Book
Daviborshch's Cart
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ISBN: 1283051044 9786613051042 0803234384 9780803234383 9781283051040 9780803234123 0803234120 Year: 2011 Publisher: Lincoln University of Nebraska Press

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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.


Book
Der Prozess gegen Captain Henry Wirz und seine Hintergründe 1865.
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ISBN: 3869451653 9783869451657 1306693837 9781306693837 9783883093345 Year: 2006 Publisher: Nordhausen Traugott Bautz

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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


Book
The Hidden Histories of War Crimes Trials
Authors: ---
ISBN: 0199671141 1306224721 0191653209 0191751510 019165082X 9780191653209 9780191650826 9780191751516 9780199671144 Year: 2013 Publisher: Oxford

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Abstract

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?

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