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Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy / Edition 3

Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy / Edition 3

Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy / Edition 3
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ISBN-10:
0199546673
ISBN-13:
9780199546671
Pub. Date:
03/15/2009
Publisher:
Oxford University Press, USA
ISBN-10:
0199546673
ISBN-13:
9780199546671
Pub. Date:
03/15/2009
Publisher:
Oxford University Press, USA
Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy / Edition 3

Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy / Edition 3

Overview

The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. This book offers a comprehensive study of the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It provides a searching analysis of the principal crimes under the law of nations, such as genocide and crimes against humanity and an appraisal of the most important prosecutorial and other mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability.

This fully updated new edition also contains expanded coverage of the increasing numbers of international criminal trials including the cases of Bosnia, Serbia, and East Timor. It also explores individual accountability for terrorist acts and accountability for acts undertaken in the name of counter-terrorism policy, and provides expanded coverage of aggression and crimes against peace.

Product Details

ISBN-13: 9780199546671
Publisher: Oxford University Press, USA
Publication date: 03/15/2009
Edition description: New Edition
Pages: 480
Product dimensions: 6.10(w) x 9.10(h) x 1.30(d)

About the Author

Steven R. Ratner, is Professor of Law, University of Michigan Law School
Jason S. Abrams, Consultant to the United Nations
James L. Bischoff, Attorney-Adviser in the Office of the Legal Adviser of the United States Department of State

Table of Contents

PART I: SUBSTANTIVE LAW
1: Individual Accountability for Human Rights Abuses: Historical and Legal Underpinnings
2: Genocide and the Imperfections of Codification
3: Crimes Against Humanity and the Inexactitude of Custom
4: War Crimes and the Limitations of Accountability for Acts in Armed Conflict
5: Other Abuses Incurring Individual Responsibility under International Law
6: Expanding and Contracting Culpability: Complicity, Defenses, and Other

PART II: MECHANISMS FOR ACCOUNTABILITY
7: Mechanisms for Accountability: Framing the Issues
8: The Forum of First Resort: National Tribunals
9: The Progeny of Nuremberg: International Criminal Tribunals
10: Non-Prosecural Options: Investigatory Commissions, Civil Suits, Immigration Measures, and Lustration
11: Developing the Case: Comments on Evidence and Judicial Assistance
12: Developing the Case: Comments on Evidence and Judicial Assistance

PART III: A CASE STUDY: THE ATTROCITIES OF THE KHMER ROUGE
12: The Khmer Rouge Rule over Cambodia: A Historical Overview
13: Applying the Law
14: Engaging the Mechanism

PART IV: CONCLUSIONS
15: Striving for Justice: The Prospects for Individual Accountability
Appendices

What People are Saying About This

Richard J. Goldstone

Ratner and Abrams provide an incisive, knowledgeable, and comprehensive look at the substantive law and legal institutions that inhabit the intersection of international human rights law, international humanitarian law, and international criminal law....This volume...is a timely and essential resource for any scholar or practitioner.
—(Richard J. Goldstone, Justice, Constitutional Court of South Africa, and former Prosecutor, International Criminal Tribunal for the former Yugoslavia)

W. M. Reisman

In their comprehensive and sober examination of the efforts to direct substantive international law from states to individuals and to invent effective mechanisms for personal accountability, Ratner and Abrams have produced a valuable, timely, indeed indispensable work. It will surely influence the formation of the United Nations International Criminal Court. More important, it will focus attention on the wide range of other techniques the authors identify for making individuals accountable for human rights atrocities.
—(W. M. Reisman, Wesley N. Hohfeld Professor of Jurisprudence, Yale Law School, and former President, Inter-American Commission on Human Rights)

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