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In this revised edition, Professor Bassiouni persuasively establishes the legal validity of the Nuremberg Charter and describes the evolution of crimes against humanity' from 1945 to the 1998 ICC Statute. The book's comprehensive historical and legal analysis starts with the origins of this crime in the international regulation of armed conflicts and covers the Nuremberg, Tokyo and Allied Prosecutions after World War II, and subsequent national prosecutions, as well as the Statutes of the ICTY, ICTR and their jurisprudence, and the Statute of the ICC. The Nuremberg Charter first established crimes against humanity' in positive international criminal law, but it raised lingering legal issues. The book examines the ten different international legal formulations which were developed at that time, particularly their overlap with genocide and war crimes, and sorts out the confusion regarding the legal characteristics of this crime. The meticulous and thorough analysis of all relevant legal issues, many of which are not covered elsewhere, includes: principles of legality, criminal responsibility for decision-makers and others, command responsibility, obedience to superior orders and other defences, specific contents and their counterpart in national laws, policy considerations, and the applicability of this crime to non-State actors. The wealth of information and detailed discussion of international and national prosecutions and their failures make a compelling case for more effective enforcement in the future. The author brings to this book his well-known scholarship and unique practical experiences as Chairman of the UN Commission that investigated these crimes in the former Yugoslavia, andas Chairman of the ICC's Drafting Committee in Rome. The breadth and depth of this exhaustively documented book makes it the definitive authority on crimes against humanity'.
Global Trends: Law, Policy & Justice is a Festschrift for Professor Giuliana Ziccardi Capaldo which offers a broad and challenging view of the changing world society and the implications of globalization for the content and structure of the law, the development of judicial institutions and the shaping of world policies. Contributions made by judges of international tribunals, scholars, and practitioners offers insights into different aspects of globalization and its implications on changes in the world system. It examines a variety of current issues relating to international law, judicial institutions and global policies, focusing on different aspects of globalization and its implications on key areas of the world system, with a particular focus on issues such as, human rights, global justice, global politics global environment and public goods. This special edition of The Global Community Yearbook of International Law and Jurisprudence presents not only a systemic approach to changes in the world system but gives us the outline of the future evolution of the role of law, justice and policy in tomorrow's increasingly globalized society. Global Trends: Law, Policy & Justice offers the advantage of simultaneously covering new insights into the meaning and function of the concept of globalization, combined with a thorough analysis of the evolutionary trends in key areas of the world system to provide a unified vision. Global Trends: Law, Policy & Justice is a special edition of The Global Community Yearbook of International Law and Jurisprudence, written in honor of Professor Giuliana Ziccardi Capaldo.
The investigation into the conflict in the former Yugoslavia is detailed in this book, including the uncovering of 187 mass graves, the interviewing of 223 victims of rape and sexual assault, and the utilization of prison camps and mass expulsion for the purpose of ethnic cleansing.
This book is about the Egyptian people's 2011 Revolution for freedom, justice, and human dignity, and its aftermath. The Revolution succeeded in toppling the authoritarian Mubarak regime in less than three weeks. It was then co-opted by the Muslim Brotherhood through Egypt's first free and fair elections in 2012, which was in turn crushed in 2013 by a popularly supported military regime whose practices of repression negatively impacted the justice system and human rights. The problems facing the country and its people are daunting, particularly economic, demographic, and social pressures. The contextual analysis of these and other historic and contemporary issues give the reader a comprehensive understanding of what has occurred in the last five years and an insight into where the country is heading. Even though the Revolution has been suppressed and the promise of democracy shunted aside, the majority of the Egyptian people continue to hope for the unachieved dreams of social justice, human dignity, and freedom. Egypt's geopolitical importance makes it indispensable to the stability of the Middle East, and thus important to the world.
This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.
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