The Second Edition of Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this...

Since the end of the Cold War and the emergence of "asymmetric" threats like terrorism, the military has been increasingly entrusted with tasks traditionally belonging to the police. This development is visible through the new challenges posed to modern Peace Support Operations (PSO), intended as an umbrella definition covering different types of post-conflict peace operations, be these mandated under Chapter VI or Chapter VII of the United Nations Charter, with either peace-keeping, peace-enforcing or even peace-building goals. The aim of this volume is primarily to provide guidance, in the...

This volume is about the failure to prevent genocide in Rwanda in 1994. In particular, the research focuses on why the early warnings of an emerging genocide were not translated into early preventative action. The warnings were well documented by the most authoritative source, the Canadian U.N. peace-keeping commander General Romeo Dallaire and sent to the leading political civil servants in New York. The communications and the decisionmaking are scrutinized, i.e., who received what messages at what time, to whom the messages were forwarded and which (non-) decisions were taken in response to...

THE ICC AS A NEW INSTRUMENT FOR REPRESSING TERRORISM received the 2004 Honorable Mention Award of ASIL's Francis Lieber Society. Its author, Roberta Arnold, received the Walther Hug Prize for being one of the top Swiss PhDs in 2004. This insightful work analyzes the deficiencies of the existing counter-terrorism framework and assesses whether acts commonly referred to as "terrorism" are actually war crimes, crimes against humanity, genocide, and aggression, thereby falling within the jurisdiction of the International Criminal Court. Following a discussion of the international law definition...

A Guide to Documents on the Arab-Palestinian/Israeli Conflicts: 1897-2008, is a comprehensive non-partisan compilation designed to provide relevant legal and historical source material pertaining to this conflict. Each document is summarized for the reader's benefit. The compilation contains all United Nations Resolutions and Reports, Treaties and Agreements, as well as historic documents that are difficult to obtain. To put the conflict into perspective, a chronology of events is provided, followed by an objective analysis of the historical background, including discussion of the various...

An extensive body of law designed to control international terror violence has come into being, and it is this assembly of reports and resolutions, conventions and scattered treaty provisions that we must rely on as we move toward an enforceable, unambiguous anti-"terrorism" regime in international law. These legal instruments are gathered together for the first time in this definitive two volume set. The only published source of all United Nations documentation since 1972 on the subject of "terrorism"--including all 180 reports and resolutions adopted since that date and up to June 2001....

This book provides practitioners, scholars and students with an in-depth analysis of the law of evidence before international criminal tribunals. It treats subjects such as admissibility; hearsay; identification evidence; forensic and documentary evidence. It also discusses procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. The main focus of this work is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. However, it traces the developments of the law of...

This innovative book provides an incisive, knowledgeable and comprehensive study of the promises and limitations of the emerging phenomenon of surrender of individuals to international criminal courts, such as the International Criminal Court of the Former Yugoslavia (ICTY), the International Criminal Court of Rwanda (ICTR), and the International Criminal Court (ICC). It is the first study on this area. The author analyses the distinctions and similarities with international extradition norms and persuasively establishes the international legal confinements of the surrender concept and the...

The Prosecution and Defense of Peacekeepers under International Criminal Law is the first comprehensive study on the international judicial implications of prosecution of international peacekeepers and members of military crisis operations under the principles of international criminal law and especially those of the International Criminal Court (ICC). Based on both domestic case law and that of the ICTY-ICTR, this study analyzes the foundation and application of international criminal liability concepts and defenses from the perspective of the prosecution and defense in the area of...

This book examines critical challenges in achieving accountability for genocide, crimes against humanity, and war crimes, focussing in particular on the relationship between national and international accountability mechanisms in pursuing key goals over the past decade. The essays in this volume provide an in-depth look at the goals and mechanisms of accountability in a variety of cases: the former Yugoslavia; Rwanda; Sierra Leone; Cambodia; Argentina and El Salvador; East Timor and Indonesia; and Belgium's prosecution of war crimes under its universal jurisdiction law. By analyzing the goals...