War Crimes and Trials - James Larry Taulbee

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Auteur(s) : James Larry Taulbee

Editeur : Bloomsbury Academic

Langue : Anglais

Parution : 31/08/2024

Format : Moyen, de 350g à 1kg

Nombre de pages : 408

Dimensions : 25.4 x 17.8 x 2.5

ISBN : 9798765132807

Résumé :

This comprehensive reference work serves as an important resource for anyone interested in the international prosecution of war crimes and how it has evolved.

War Crimes and Trials analyzes the evolution of war crime trials through primary sources. Beginning with a general discussion of why regulations for war have evolved, it then illustrates the resulting changes in the nature and consequences of war as well as attitudes toward war as a part of international life. Moreover, it contextualizes contemporary rules that pertain to both international and non-international armed conflicts.

The heart of the book focuses on 12 World War II cases central to the development of war law over the next 50 years, including the Nuremberg and Tokyo trials of major war criminals. It additionally dedicates discussion to the evolution of the law after World War II as set in motion by the United Nations, the 1949 Geneva Conventions and amendments, the background and operation of the ad hoc international criminal courts, and the creation of the permanent International Criminal Court, illustrating problems and successes through 12 cases drawn from these four courts.

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Biographie:
408-409)
Testimony
The Power of the Media in a Closed Environment
A Final Note on the ICTR
References
32 The Special Court for Sierra Leone: The Charles Taylor Trial
Background: Liberia and Sierra Leone
Liberia
Sierra Leone and Liberia
Document: Statute of the Special Court for Sierra Leone
The Statute
Charles Taylor Indictment
Trial Summary #23: Prosecutor v. Charles Ghankay Taylor
Document: Prosecutor v. Charles Ghankay Taylor
Testimony
Appeal
The Residual Special Court
References
33 The International Criminal Court
Politics and Promise
Document: Rome Statute of the International Criminal Court
A Note on Other Courts
Structure and Jurisdiction
How Do Cases Come to the Court?
Article 16: Deferral of Investigation and Prosecution
Article 9: Elements of Crimes
Document: Elements of Crimes: Crimes against Humanity
Article 7: Crimes against Humanity
The United States and the ICC
Other Crises: The Politics of Prosecution
Deferred Issue: The Crime of Aggression
Document: Jurisdiction over the Crime of Aggression
Activation
Document: Elements of Crimes: Aggression
References
34 Prosecutor v. Thomas Lubanga Dyilo
Democratic Republic of the Congo
Referral and Arrest
Warrant of Arrest
Warrant for Thomas Lubanga Dyilo
Document: Warrant of Arrest, Situation in the Democratic Republic of the Congo in the Case of the Prosecutor v. Thomas Lubanga Dyilo
Legal Issues Prior to the Trial
The First Stay of Trial Proceedings
The Second Stay of Trial Proceedings
Trial Summary #24: Prosecutor v. Thomas Lubanga Dyilo
Document: XI. Individual Criminal Responsibility of Thomas Lubanga (Article 25(3)(A) of the Statute
Testimony
Controversy
References
35 Prosecutor v. Jean-Pierre Bemba Gombo
Bemba and the First Congo War (1996)
The Second Congo War
Movement toward Peace
Bemba and the 2006 Presidential Election
Indictment and Arrest
Role of the LAC
The Plot to Prevent the Trial
Trial Summary #25: Prosecutor v. Jean-Pierre Bemba Gombo
Document: Definition of Command Responsibility
A Crime Not Punished
Appeals Chamber Decision
References
Index

Sommaire:

Preface
Prelude: Purposes and Plan of the Book
Abbreviations and Legal Terms
1 What Is a War Crime?
War and Armed Conflict
Law and War
Pre-World War I: Evolution of Contemporary Law
Document: Geneva Convention
The Lieber Code and the American Civil War
Document: The Lieber Code (General Orders No. 100)
The 1899 and 1907 Hague Conventions
Document: List of 1907 Hague Conventions
Document: 1907 Hague Convention IV: Annex
Document: 1907 Hague Convention X
Naval Warfare
Document: Manual of the Laws of Naval War
References
2 World War I: Leipzig
Document: Report, Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties
Document: Treaty of Versailles
Trials
Trial Summaries #1: The Dover Castle and the Llandovery Castle
Document: Dover Castle
Document: Llandovery Castle
Superior Orders as a Defense
References
3 Between World War I and World War II
The League of Nations
Document: Covenant of the League of Nations
Why Did the League Fail?
The Kellogg-Briand Pact: Regulating the jus ad bellum
Document: Kellogg-Briand Pact-Treaty between the United States and Other Powers Providing for the Renunciation of War as an Instrument of National Policy
What Did Kellogg-Briand Accomplish?
Extending the Scope of the jus in bello
Chemical and Biological Weapons
Document: Protocol for the Prohibition of the Use in War of Asphyxiating Gas and of Bacteriological Methods of Warfare
Prisoners of War (POWs)
Document: Convention of July 27, 1929, Relative to the Treatment of Prisoners of War
References
4 World War II
What Caused World War II?
Germany
War Crimes
Nazi Party Organizations
Trials
References
5 Anton Dostler Case
Document: The F?hrerbefehl of 18 October, 1942
Trial Summary #2: The Dostler Case
Document: The Anton Dostler Case
The Importance of the Ruling on Jurisdiction
Reprisals
Superior Orders as a Defense
Reference
6 German Concentration and Extermination Camps
The Final Solution
References
7 Zyklon B Trial
Fritz Haber
What Is Zyklon B?
Fritz Haber and the Nazis
Preparing for the Final Solution
Trial Summary #3: The Zyklon B Case
Document: The Zyklon B Case
Setting the Stage for the Defense
Some Additional Notes for Future Reference
References
8 Belsen Trial
Charges
Trial Summary #4: Belsen Trial
Document: Belsen Trial: Josef Kramer and 44 Others
Some Observations about the Testimony
A Note on Camp Organization
References
9 Buchenwald Trial
Defendants
Trial Summary #5: Buchenwald Trial
Document: Buchenwald Trial (United States of America v. Josias Prince zu Waldeck et al.)
Some Additional Findings of the Court
References
10 The Malmedy Massacre Trial
Malmedy
Trial Summary #6: Malmedy Massacre
Document: Malmedy Massacre (United States v. Valentin Bersin, et al.)
The Rest of the Story
References
11 The Nuremberg Trial
Document: International Conference on Military Trials (London Charter)
A Note on the Tokyo Trials
Nuremberg: Jurisdiction and Procedure
Nuremberg
Hermann G?ring
Rudolf H?ss (Hoess)
Trial Summary #7: Trial of the Major War Criminals
Was the Nuremberg Trial an Exercise in Victor's Justice?
Significance
References
12 Allied Control Council Law No. 10
Document: Allied Control Council Law No. 10 (CCL no. 10)-Punishment of Persons Guilty of War Crimes, Crimes against Peace a...