Crimes Against Humanity: A Normative Account

ISBN-13: 9780521840798 / Angielski / Twarda / 2004 / 328 str.

Larry May; Gerald J. Postema; Jules L. Coleman

Opis

This analysis of the philosophical foundations of international criminal law focuses on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states--sovereignty--and breaches to this sovereignty can only be justified in limited circumstances. The book should appeal to students of international law, political philosophy, international relations, and human rights theory.

Recenzje

'May's book is located in a relatively unexplored area of international criminal law scholarship, at the crossroads of legal theory and moral and political philosophy.' Journal of Peace Research

Spis treści

Part I. Universal Norms and Moral Minimalism: 1. Introduction; 2. Jus cogens norms; 3. Custom, opinio juris, and consent; Part II. Principles of International Criminal Law: 4. The security principle; 5. The international harm principle; 6. International crime: the case of rape; Part III. Prosecuting International Crimes: 7. Prosecuting minor players for crimes against humanity; 8. Prosecuting state leaders for crimes against humanity; 9. Prosecuting genocide amidst widespread complicity; Part IV. Defenses and Alternatives: 10. Superior orders, duress, and moral perception; 11. The international rule of law; 12. Victims and convictions; 13. Reconciliation and amnesty programs.