DOCSLIB.ORG

The International Law of War Crimes (Ll211)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The International Law of War Crimes (Ll211) THE INTERNATIONAL LAW OF WAR CRIMES (LL211) Course duration: 54 hours lecture and class time (Over three weeks) LSE Teaching Department: Department of Law Lead Faculty: Professor Gerry Simpson (Dept. of Law) Pre-requisites: Introduction to legal methods or equivalent. (Basic legal knowledge is a requirement. This would be satisfied by, among other things, Professor Lang’s LL105 course in the previous session). Introduction The following provides a course outline, list of lecture topics and sample readings. Use the list to familiarize yourself with the range and type of materials that will be used. Please note that the full reading lists and tutorial discussion questions will be provided at the start of the course. Welcome to this Summer School course in The International Law of War Crimes. The course will consist of twelve three-hour lectures and twelve one-and-a-half-hour classes. It will examine the law and policy issues relating to a number of key aspects of the information society. 1 The course examines, from a legal perspective, the rules, concepts, principles, institutional architecture, and enforcement of what we call international criminal law or international criminal justice, or, sometimes, the law of war crimes. The focus of the course is the area of international criminal law concerned with traditional “war crimes” and, in particular, four of the core crimes set out in the Rome Statute (war crimes, torture as a crime against humanity, genocide and aggression). It adopts an institutional (Nuremberg, Rwanda, the Former Yugoslavia), philosophical (Arendt, Shklar) and practical (the ICC) focus throughout. There will be a particular focus on war crimes trials and proceedings e.g. Eichmann, Milosevic, Pinochet and Goering et al. Course outcomes At the end of the course, students should be able to: . Critically evaluate ongoing developments in international criminal law. Demonstrate an understanding of how these developments relate to one another and to global politics more generally. Understand some of the political and philosophical dilemmas surrounding the decision to convene war crimes trials. Evaluate theories of international criminal law Course content is subject to change. Last updated: December 2016 Course Materials and On-line Support: This course is supported by a Moodle site. Once the course begins operation (i.e. from the 1st day of the course) you will be able to access the site via http://shortcourses.moodle.lse.ac.uk. This site will contain copies of handouts and lecture slides as well as coursework requirements. It will be updated regularly and online assignments may be posted via this page. If you need instruction on using Moodle please follow the online guides at http://shortcourses.moodle.lse.ac.uk. Students will be expected to check the Moodle site on a regular basis. Course Assessment: The course will be assessed by means of one two-hour unseen examination to be held during the examinations period on the last Friday, at a time to be advised by the Summer School Office. In addition you will be required to submit one summative essay of no more than 2000 words by Thursday of week two of teaching. You will also receive feedback on two pieces of formative coursework to be completed in weeks one and two 2 of the course. This feedback will help with your summative work and your exam preparation. Recommended Reading: The recommended textbook is: Simpson: Law, War and Crime (Polity 2007). Texts for Reference Purposes: Kevin Jon Heller, The Nuremberg Military Tribunals and the Origins of International Criminal Law (2011). Kenneth Anderson, ‘The Rise of International Criminal Law: Intended and Unintended Consequences’ 20 (2) European Journal of International Law (2009) 331 at www.ejil.org Mark Osiel, Making Sense of Mass Atrocity, Cambridge University Press, 2009. Judith Shklar, Legalism, (1964) Course content is subject to change. Last updated: December 2016 Maurice Hankey, Politics, Trials, Errors (1950) Christine Schwobel, Critical Approaches to International Criminal Law: An Introduction (2015) Sam Moyn, The Last Utopia, (2010) Mark Lewis, The Birth of the New Justice: The Internationalization of Crime and Punishment, 1919-1950 (2014). Gerry Simpson, “Atrocity, Law, Humanity” in Cambridge Companion to Human Rights Law (eds. Gearty and Douzinas), 2013. F. Jessberger and J. Geneuss, “Down the Drain or Down to Earth? International Criminal Justice under Pressure” J. Int Criminal Justice (2013) 11 (3): 501-503 David Luban, “After the Honeymoon: Reflections on the Current State of International Criminal Justice” J Int Criminal Justice (2013) 11 (3): 505-515 Payam Akhavan, “The Rise, and Fall, and Rise, of International Criminal Justice” J Int Criminal Justice (2013) 11 (3): 527-536 Naomi Roht-Arriaza ”Just a ‘Bubble’?: Perspectives on the Enforcement of International Criminal Law by National Courts” J Int Criminal Justice (2013) 11 (3): 537-543 William A. Schabas “The Banality of International Justice”, J. Int Criminal Justice (2013) 11 (3): 545-551 3 Kirsten Sellars, “Delegitimizing Aggression: First Steps and False Starts after the First World War” J Int Criminal Justice (2012) 10 (1): 7-40 Gary Bass, Stay the hand of vengeance: the politics of war crimes tribunals (2000) For those who want a deeper background, the key English-language works in contemporary international law and theory in general, in no particular order, are Martti Koskenniemi’s From Apology to Utopia: The Structure of International Legal Argument, (1989) and (2007, which contains an indispensable epilogue) and his The Gentle Civiliser of Nations (2002); Philip Allott, Eunomia (1997); David Kennedy’s Of Law and War, “Spring Break” and “The Move to Institutions”; Tony Anghie’s Sovereignty; Chris Reus-Smit’s The Moral Theory of the State; Carl Schmitt’s The Nomos of the Earth; James Crawford’s The Creation of States; Susan Marks’ The Riddle of all Constitutions (2003); Tom Franck’s Fairness in International Law (1995); Gerry Simpson’s, Great Powers and Outlaw States (2004); Martin Wight’s “Western Values”; Sundhya Pahuja’s Decolonising International Law (2011) and Anne Orford’s, International Authority and the Responsibility to Protect. Crawford and Koskenniemi, The Cambridge Companion to International Law (2012) is the defining current collection of essays. Susan Marks’ edited volume, International Law on the Left, Fleur Johns et al, Events: The Force of International Law, and Anne Orford’s edited volume International Law and its Others, each contain some excellent work. Course content is subject to change. Last updated: December 2016 Media It is also important to read at least one newspaper or journal with a good coverage of international affairs, such as The Guardian, The Economist, The New Left Review, the London Review of Books, The New York Times or Le Monde Diplomatique, or the International Herald Tribune, or to subscribe to the BBC News Feed. Other Recommended Reading: (1) Source Material International Legal Materials (ILM) is published six times a year with a wide variety of contemporary documents; the International Law Reports (ILR) contains the English text of most major cases; there are notes on Australian practice in the Australian Yearbook of International Law, British State practice in the British Year Book of International Law (BY), on United States practice in the American Journal of International Law (AJ) and on contemporary issues in the ‘Current Developments’ section of the International and Comparative Law Quarterly (ICLQ). 4 (2) Periodicals and Law Reports Journal of International Criminal Justice at http://jicj.oxfordjournals.org/ The principal general international law periodicals to which reference will be made are: AJ American Journal of International Law [AMER] (also available electronically) BY British Year Book of International Law [K 1 BRIT] CLJ Cambridge Law Journal [CAMB] (available electronically) EJIL European Journal of International Law [EURO] (also available electronically) ICLQ International and Comparative Law Quarterly [INTE] (also available electronically) LQR Law Quarterly Review [LAW] LRIL London Review of International Law MJIL Melbourne Journal of International Law [MELB] Course content is subject to change. Last updated: December 2016 MLR Modern Law Review [MODE] RC Receuil de cours (text of lectures given at the Hague Academy) Decisions of courts are reported in the main systems of law reports. International decisions are usually in the following series: ICJ International Court of Justice Reports (eg ICJ Reps, 1996, p. 457) ILR International Law Reports (eg 98 ILR 456 – arranged by volume number, not date) (3) Websites Dozens of websites provide information on international law but the following are particularly useful: ICTY: www.icty.org ICC: https://www.icc-cpi.int/ The Hague Justice Portal http://www.haguejusticeportal.net/index.php?id=1974 5 United Nations: http://www.un.org International Court of Justice: http://www.icj-cij.org American Society of International Law: http://www.asil.org Lauterpacht Research Centre: http://www.law.cam.ac.uk/rcil/home European Journal of International Law: http://www.ejil.org Course content is subject to change. Last updated: December 2016 Lecture Outline: Week One Subject Lecture Date Concepts of International What is going on in international criminal law? Why is Mon Criminal Law there so much of it? What happened when it didn’t yet exist (i.e. prior to, say, 1919)? What has changed? Are these unequivocally positive developments? Why international criminal
Load more

Recommended publications
  • Justice to the Extent Possible: the Prospects for Accountability in Afghanistan
    KHAN GALLEY 1.0 11/18/2010 5:40:51 PM JUSTICE TO THE EXTENT POSSIBLE: THE PROSPECTS FOR ACCOUNTABILITY IN AFGHANISTAN Nadia Khan* I. INTRODUCTION Justice in Afghanistan, in the wake of nearly three decades of war, is a com- plicated endeavor – further complicated by the Afghan government’s recent grant of amnesty to perpetrators of past crimes. This paper will attempt to establish the prospects for accountability in Afghanistan, in light of the country’s historical cy- cles of war and violence and the recent attempts to trade justice for peace. The his- torical foundation will first be laid to demonstrate the complexities of the Afghan conflict and the fragility of the current regime. The steps that have been taken to- wards establishing a transitional justice framework are then set out to illustrate the theoretical objectives that stand in sharp contrast to the government’s actual intran- sigence to justice and accountability. The latter being demonstrated most signifi- cantly in the amnesty law signed into effect on February 20, 2007, that may ulti- mately be considered illegal at international law. However, the illegality of amnesty does not answer the question of account- ability for Afghans, since current circumstances and the government’s self-interest suggest that it will continue in effect. Thus, alternatives are considered, both do- mestically and internationally – with only one avenue producing the most realistic prospect for justice and accountability. It suggests that justice in Afghanistan is not entirely impossible, in spite of the increasing instability and in spite of the am- nesty. Although the culture of impunity in Afghanistan has been perpetuated on the pretext of peace – it has become all too clear that true peace will require jus- tice.
    [Show full text]
  • International Court of Justice (ICJ)
    SRMUN ATLANTA 2018 Our Responsibility: Facilitating Social Development through Global Engagement and Collaboration November 15 - 17, 2018 [email protected] Greetings Delegates, Welcome to SRMUN Atlanta 2018 and the International Court of Justice (ICJ). My name is Lydia Schlitt, and I will be serving as your Chief Justice for the ICJ. This will be my third conference as a SRMUN staff member. Previously, I served as the Director of the International Atomic Energy Agency (IAEA) at SRMUN Atlanta 2017 and the Assistant Director (AD) of the Group of 77 (G-77) at SRMUN Atlanta 2016. I am currently a Juris Doctorate candidate at the University of Oregon School of Law and hold a Bachelor’s of Science with Honors in Political Science and a minor in Mathematics from Berry College. Our committee’s Assistant Chief Justice will be Jessica Doscher. This will be Jessica’s second time as a staff member as last year she served as the AD for the General Assembly Plenary (GA Plen). Founded in 1945, the ICJ is the principal legal entity for the United Nations (UN). The ICJ’s purpose is to solve legal disputes at the request of Member States and other UN entities. By focusing on the SRMUN Atlanta 2018 theme of “Our Responsibility: Facilitating Social Development through Global Engagement and Collaboration," throughout the conference, delegates will be responsible for arguing on the behalf of their assigned position for the assigned case, as well as serving as a Justice for the ICJ for the remaining cases. The following cases will be debated: I.
    [Show full text]
  • The Hague Espace for Environmental Global Governance
    I NSTITUTE FOR E NVIRONMENTAL S ECURITY Study on The Hague Espace for Environmental Global Governance Wybe Th. Douma ❘ Leonardo Massai ❘ Serge Bronkhorst ❘ Wouter J. Veening Volume One - Report May 2009 STUDY ON THE HAGUE ESPACE FOR ENVIRONMENTAL GLOBAL GOVERNANCE VOLUME ONE - REPORT May 2009 Study on The Hague Espace for Environmental Global Governance Volume One - Report Authors: Wybe Th. Douma - Leonardo Massai - Serge Bronkhorst - Wouter J. Veening Published by: Institute for Environmental Security Anna Paulownastraat 103 2518 BC The Hague, The Netherlands Tel: +31 70 365 2299 ● Fax: +31 70 365 1948 www.envirosecurity.org In association with: T.M.C. Asser Institute P.O. Box 30461 2500 GL The Hague, The Netherlands Tel: +31 70 342 0300 ● Fax: +3170 342 0359 www.asser.nl With the support of: City of The Hague The Netherlands Ministry of Foreign Affairs The Netherlands Ministry of Housing, Spatial Planning and the Environment Project Team: Wouter J. Veening, Chairman / President, IES Ronald A. Kingham, Director, IES Serge Bronkhorst, Bronkhorst International Law Services (BILS) / IES Jeannette E. Mullaart, Senior Fellow, IES Prof. Dr. Frans Nelissen, General Director, T.M.C. Asser Institute Dr. Wybe Th. Douma, Senior Researcher, European Law and International Trade Law, T.M.C. Asser Institute Leonardo Massai, Researcher, European Law, T.M.C. Asser Institute Marianna Kondas, Project Assistant, T.M.C. Asser Institute Daria Ratsiborinskaya, Project Assistant, T.M.C. Asser Institute Cover design: Géraud de Ville, IES Copyright © 2009 Institute for Environmental Security, The Hague, The Netherlands ISBN: ________________ NUR: ________________ All rights reserved. Reproduction and dissemination of material in this publication for education and other non- commercial purposes are authorised without any prior written permission from the copyright holder provided the authors and publisher are fully acknowledged.
    [Show full text]
  • Methods of the International Criminal Court and the Role of Social Media
    Methods of the International Criminal Court and the Role of Social Media Stefanie Kunze Northern Arizona University Flagstaff, AZ [email protected] April 2014 Introduction In the 20th century crimes against humanity and crimes of war have become more present in our conscience and awareness. The reasons are that they have become more methodical, more devastating, and also better documented. The 20th century has seen a development from international awareness of international crime and human rights violations, to the establishment of international criminal tribunals and ultimately the establishment of the International Criminal Court, and an undeniable influence of social media on the international discourse. Genocide is one of these crimes against humanity, and arguably the gravest one. With ad-hoc international and national criminal tribunals, special and hybrid courts, as well as the permanent International Criminal Court (ICC), big steps have been taken towards justice in the wake of genocide and crimes against humanity. Genocide is hardly a novel crime; it is the name that was newly coined in the mid-1900s. In fact, mass killings and possible genocide have occurred for centuries. The mass killing under Russian leader Stalin1 (Appendix A) occurred before the height of the Nazi Holocaust. Even before then, mass atrocities were committed over time, though not well documented. For instance the Armenian genocide under the Ottoman Empire, has been widely accepted as a “true” genocide, with roughly one-and-a-half-million dead.2 To this day Turkey denies these numbers.3 With the end of World War II and the end of the Nazi regime, the first international tribunals in history were held, prosecuting top-level perpetrators.
    [Show full text]
  • SCSL Press Clippings
    SPECIAL COURT FOR SIERRA LEONE OUTREACH AND PUBLIC AFFAIRS OFFICE PRESS CLIPPINGS Enclosed are clippings of local and international press on the Special Court and related issues obtained by the Outreach and Public Affairs Office as at: Monday, 7 December 2009 Press clips are produced Monday through Friday. Any omission, comment or suggestion, please contact Martin Royston-Wright Ext 7217 2 Local News Taylor Risk Young Men and Women / The Spectator Page 3 Interview With Charles Taylor’s Lead Counsel, Courtney Griffiths / Standard Times Pages 4-5 President Koroma Launched War Victims Trust Fund / Standard Times Page 6 International News As Judges Order Prosecution To Disclose To Defense All New Documents…/ CharlesTaylorTrial.org Pages 7-9 Taylor Doesn’t Share Fighters Suffering/risk / BBC World Service Trust Page 10 Judges Order Prosecutors To Disclose To The Defense New Documents…/ CharlesTaylorTrial.org Page 11 UNMIL Public Information Office Media Summary / UNMIL Pages 12-16 Arrest of Mladic and Hadzic Still key to ICTY Completion Strategy / The Hague Justice Portal Page 17 Karadzic Files Motion to Remove Appointed Lawyer / Reuters Page 18 Cambodia's First War Crimes Trial Marred by Flaws / The Los Angeles Times Pages 19-21 3 The Spectator Monday, 7 December 2009 4 Standard Times Monday, 7 December 2009 Interview With Charles Taylor’s Lead Counsel, Courtney Griffiths 5 6 Standard Times Monday, 7 December 2009 President Koroma Launched War Victims Trust Fund 7 Charlestaylortrial.org Saturday, 5 December 2009 As Judges Order Prosecution To Disclose To Defense All New Documents They Intend To Use In The Cross-Examination Of Charles Taylor, Prosecutors Say Taylor Did Not Share Hardships With His Soldiers By Alpha Sesay After debates over the use of “fresh evidence” threw the cross-examination of former Liberian President, Charles Taylor, into disarray in recent weeks, Special Court for Sierra Leone judges told prosecutors last Monday that they were in fact allowed to use new documents to test Mr.
    [Show full text]
  • International Criminal Justice: Growing Pains Or Incurable Contradictions? James Von Geldern Macalester College
    Macalester International Volume 28 My Sister's and Brother's Keeper?: Human Article 11 Rights in the Era of Globalization March 2012 International Criminal Justice: Growing Pains or Incurable Contradictions? James von Geldern Macalester College Follow this and additional works at: http://digitalcommons.macalester.edu/macintl Recommended Citation von Geldern, James (2012) "International Criminal Justice: Growing Pains or Incurable Contradictions?," Macalester International: Vol. 28, Article 11. Available at: http://digitalcommons.macalester.edu/macintl/vol28/iss1/11 This Law for All is brought to you for free and open access by the Institute for Global Citizenship at DigitalCommons@Macalester College. It has been accepted for inclusion in Macalester International by an authorized administrator of DigitalCommons@Macalester College. For more information, please contact [email protected]. International Criminal Justice: Growing Pains or Incurable Contradictions? James von Geldern I. Introduction When the Rome Statute of the International Criminal Court (ICC) was drafted in 1998, it represented a signal moment in the history of human rights. Here, finally, was a document that not only enunciated humanitarian protections, it also offered a means to punish individuals guilty of violating them. United Nations Secretary-General Kofi Annan called the Statute “a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.” Drafting Committee Chairman Cherif Bassiouni stressed that the world would never again be the same. This was the last step of a his- tory that had started at the end of the First World War and meant that impunity for the perpetrators of grave crimes of international concern was no longer tolerable.
    [Show full text]
  • International Law's Erie Moment
    Michigan Journal of International Law Volume 34 Issue 2 2013 International Law's Erie Moment Harlan Grant Cohen University of Georgia School of Law Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Courts Commons, International Law Commons, and the Organizations Law Commons Recommended Citation Harlan G. Cohen, International Law's Erie Moment, 34 MICH. J. INT'L L. 249 (2013). Available at: https://repository.law.umich.edu/mjil/vol34/iss2/1 This Article is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. INTERNATIONAL LAW'S ERIE MOMENT Harlan Grant Cohen* INTRODUCTION ..................................................... 249 I. NEGOTIATED LAW.....................................255 A. InternationalLaw and Gaps. ............. ................. 255 B. Negotiated Laws: Settlements, Private Legal Systems, and Separationof Powers......................... 257 1. Clarity of Rules ....................................259 2. Winners and Losers Versus Compromise ..... ..... 264 3. Speed and Path Dependence.......... .................... 266 4. Legitimacy ......................... ..... 268 5. Summary .......................... ..... 270 II. FROM DIPLOMACY TO ARBITRATION To ADJUDICATION...............271
    [Show full text]
  • Srebrenica in Summary 07 Aug 2008 an Overview of the Legal Proceedings Relating to the 1995 Genocide
    Srebrenica in summary 07 Aug 2008 An overview of the legal proceedings relating to the 1995 genocide Following the commemoration of the 13th anniversary of the genocide at Srebrenica, the Hague Justice Portal reviews and summarises the numerous legal proceedings relating to the tragic events of July 1995. The Srebrenica massacre was the worst atrocity of the Bosnian War (1992-1995) and the largest massacre committed in Europe since the Second World War. On 16 November 1995, four months after the horrific events took place, the International Criminal Tribunal for the former Yugoslavia (ICTY) confirmed the indictment against recently captured Bosnian Serb leader Radovan Karadžić and General Ratko Mladić. In expressing the magnitude of the crimes committed at Srebrenica, Judge Riad stated: The evidence tendered to the prosecutor describes scenes of unimaginable savagery, thousands of men executed and buried in mass graves, hundreds of men buried alive, mutilated and slaughtered… These are truly scenes from Hell, written on the darkest pages of human history. While the ICTY was established in 1993 by the UN Security Council specifically to deal with the ongoing atrocities committed in the region, proceedings relating to the events in Srebrenica have also taken place before several other courts. In 2007, the International Court of Justice delivered its decision in the historic Genocide Case, which addressed the issue of whether the Serbian state could be held responsible for the Srebrenica genocide under international law. The special War Crimes Chambers set up in Sarajevo and Belgrade have also dealt with crimes committed in Srebrenica and recently – here in the Netherlands – representatives of the victims have attempted to bring the Dutch State (and the United Nations itself) to account for the fateful events at Srebrenica.
    [Show full text]
  • HJJ 2008-2 ENG 01.Indd
    This article from Hague Justice Journal is published by Eleven international publishing and made available to anonieme bezoeker EDITORIAL The State of International Law in The Hague: Much Activity at Courts and Tribunals but Concern about the ICC Harry Post* This issue of the Hague Justice Journal–Journal judiciaire de La Haye pays attention to proceedings and historic developments at no less than six courts and tribunals both in The Hague and further afi eld. To begin with, the Judgment of the International Court of Justice (ICJ) in the Malaysia/Singapore case merits analysis if only because it raises fundamental questions of legal stability and certainty. Two important Appeals Judgements, the fi rst one ever of the Appeals Chamber of the Special Court for Sierra Leone (SCSL) and the Appeals Chamber Judgement of the International Criminal Tribunal for Rwanda (ICTR) in the notorious Seromba case, are examined. The much-anticipated judgement of The Hague District Court in one of the cases brought by victims in the Srebrenica atrocity is assessed. The major event for The Hague in international criminal law in recent months was undoubtedly the capture, transfer and then appearance of Radovan Karadžić before the International Criminal Tribunal for the former Yugoslavia (ICTY). This event has also raised some delicate legal questions. Finally, this issue of the Hague Justice Journal is concluded by an essay of even greater delicacy on the state of affairs at the International Criminal Court (ICC) entitled: “The Controversial Actions of the Prosecutor of the International Criminal Court: a ‘Crisis of Maturity’?” The judgment of the ICJ in the Case Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge between Singapore and Malaysia concerns the sovereignty over three maritime features in the Straits of Singapore, a very busy and strategic maritime passage.
    [Show full text]
  • A New Forum for the Prosecution of Terrorists: Exploring the Possibility
    Loyola University Chicago International Law Review Volume 8 Article 7 Issue 1 Fall/Winter 2010 2010 A New Forum for the Prosecution of Terrorists: Exploring the Possibility of the Addition of Terrorism to the Rome Statute's Jurisdiction Angela Hare Loyola University Chicago, School of Law Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation Angela Hare A New Forum for the Prosecution of Terrorists: Exploring the Possibility of the Addition of Terrorism to the Rome Statute's Jurisdiction, 8 Loy. U. Chi. Int'l L. Rev. 95 (2010). Available at: http://lawecommons.luc.edu/lucilr/vol8/iss1/7 This Student Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. A NEw FORUM FOR THE PROSECUTION OF TERRORISTS: EXPLORING THE POSSIBILITY OF THE ADDITION OF TERRORISM TO THE ROME STATUTE'S JURISDICTION Angela Hare* Introduction The International Criminal Court ("ICC") is "the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community."' On July 17, 1998, 120 states adopted the Rome Statute to establish the ICC.2 Subse- quently, the Rome Statue was ratified by 60 countries and became effective on July 1, 2002.3 Currently, there are 113 states that are parties to the ICC. 4 How- ever, it is important to note that the U.S., China, India, and Russia have refrained from joining the ICC.
    [Show full text]
  • The Global Prosecution of Core Crimes Under International Law
    Christopher Soler The Global Prosecution of Core Crimes under International Law 123 Christopher Soler Faculty of Laws University of Malta Valletta, Malta ISBN 978-94-6265-334-4 ISBN 978-94-6265-335-1 (eBook) https://doi.org/10.1007/978-94-6265-335-1 Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg © T.M.C. ASSER PRESS and the author 2019 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publi- cation does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. This T.M.C. ASSER PRESS imprint is published by the registered company Springer-Verlag GmbH, DE part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany To the wrongly convicted and imprisoned, in the hope they would be freed; to all victims who still await criminal justice, in the belief it shall prevail; and to all journalists who, at the risk of losing their own lives, courageously expose such sad stories.
    [Show full text]
  • The Avoidance of Substance in the International Court of Justice's Kosovo Opinion
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2013 Misplaced Boldness: The Avoidance of Substance in the International Court of Justice's Kosovo Opinion Timothy W. Waters Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Waters, Timothy W., "Misplaced Boldness: The Avoidance of Substance in the International Court of Justice's Kosovo Opinion" (2013). Articles by Maurer Faculty. 2601. https://www.repository.law.indiana.edu/facpub/2601 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. MISPLACED BOLDNESS: THE AVOIDANCE OF SUBSTANCE IN THE INTERNATIONAL COURT OF JUSTICE'S KOSOVO OPINION TIMOTHY WILLIAM WATERS* The International Court of Justice's Kosovo Advisory Opinion is a masterpiece of avoidance. The Court has lived to run another day, and one can only admire the judges' skill in arriving at the vacant place between difficult and clashing conclusions of substance. Still, in the wake of the Opinion, questions inevitably arise: Of what use is this document? Has it advanced a project ofjustice, or of law? The Opinion has done something, though not, perhaps, what it purports to do. To understand it, we must engage this cautious, crimped document in its full context-or rather, we must understand the ways in which the Opinion itself comprehensively avoids any engagement with context.
    [Show full text]