This book provides a comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals ...(NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the ‘major war criminals’ — the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers — the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called ‘the banality of evil’. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes — crimes against peace, war crimes, and crimes against humanity — as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defences that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.
In The Corporation, Law and Capitalism, Grietje Baars offers a radical Marxist perspective on law, tracing the corporation from colonial times to the present multinational. 'Corporate accountability' ...is shown to be a red herring in the struggle for another world.
The treaty creating the African Court of Justice and Human and Peoples' Rights, if and when it comes into force, contains innovative elements that have potentially significant implications for ...current substantive and procedural approaches to regional and international dispute settlements. Bringing together leading authorities in international criminal law, human rights and transitional justice, this volume provides the first comprehensive analysis of the 'Malabo Protocol' while situating it within the wider fields of international law and international relations. The book, edited by Professors Jalloh, Clarke and Nmehielle, offers scholarly, empirical, critically engaged and practical analyses of some of its most challenging provisions. Breaking new ground on the African Court, but also treating old concepts in a novel and relevant way, The African Court of Justice and Human and Peoples' Rights in Context is for anyone interested in international law, including international criminal law and international human rights law. This title is also available as Open Access on Cambridge Core.
For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly ...summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.
The scope of criminal justice has to include the body of equal norms which have to be protected. The basic elements of authoritarianism, universality, complementarity, and pluralism should not be ...employed by superior powers and enforced within the procedures and values of our criminal charter. A pure criminal jurisdiction ought to have its own independent honour and its own unified diverse values including: righteousness, innocence, virtue, honesty, and the preservation of objectivity in legal judgments. At the same time, the notion of diversity should not create an artificial equality in place of authentic, dynamic protection. It is of no essential significance which criminal justice measures are exercised by a court if the rulings of the court are based on clear evidence, and most importantly, if the court has not granted immunity for major criminals through impunity as a result of corrupt proceedings. It is the independent character of criminal justice which earns it its high level of respect. The existence of pure values is the natural and essential requirement for a court and allows it to be qualified as a body with ethical and moral character. A court should not be run through the threat of force or through monopolisation, but rather with trust. Furthermore, the courts are morally required to resist enmeshing themselves in the authoritarian exploitation of criminal justice. Working towards this goal should be imperative in the mechanism of criminal jurisprudence. This is the most plausible method for decreasing the number of victims of core international crimes and achieving pluralist values of diversity.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, ...and the challenges this nascent legal regime faces to its legitimacy in world affairs.
The relationship between nationalism and the rule of law has been largely neglected by scholars although separately they have often captured public discourse and have emerged as critical concepts. ...This book provides the first systematic account of this relationship. It develops an analytical framework for understanding the interactions of nationalism and the rule of law by focusing on the domains of citizenship, transitional justice and international justice. The book engages these insights further in a detailed empirical analysis of three case studies from the former Yugoslavia. The author argues that while the tensions and contradictions between nationalism and the rule of law have become more apparent in the post-Cold War era, they can also be harnessed for productive purposes. In exploring the role of law in managing and transforming nationalism, the book emphasises the deliberative character of legal processes and offers an original perspective on the power of international law to reshape public discourse, politics, and legal orders.
This volume examines lessons learned in over two decades of ICC practice. It discusses macro issues, such as universality, selectivity, new technologies, complementarity, victims and challenges in ...the life cycle of cases, as well as ways to re-think the ICC regime in light of the Independent Expert Review, aggression against Ukraine, and novel global challenges.
Followers of the International Criminal Court (ICC) interested in theories of liability
were looking forward to the Appeals Chamber judgment in the Ntaganda case, in
which Bosco Ntaganda was ...convicted of war crimes and crimes against humanity in the Democratic Republic of the Congo (DRC). The conviction was based on the
theory of indirect co-perpetration through an Organized Structure of Power (OSP).
This theory resulted from a specific interpretation of the ICC Statute, based on
German legal scholarship. The theory has been criticized for its breadth and lack
of legal basis. It has also been embraced as the theory of liability that best captures the liability of those who mastermind crimes. When the judgment was delivered on 30 March 2021, the appellate bench was divided, which arguably leaves the theory still contested. This symposium discusses indirect co-perpetration from perspectives hitherto not discussed. Two articles look at how the German theory of Tatherschaft that lies at the basis of indirect co-perpetration, has been absorbed in some domestic legal systems (Japan and Columbia). One article discusses the multi-layered concept of control that is at the heart of the theory. In another piece, adopting a law and sociology approach, authors explore the creative processes that produced indirect coperpetration. Lastly, one author discusses the viability of an alternative to indirect co-perpetration: instigation.
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