Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy

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Oxford University Press, 2001 - 435 pagini
The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. International law had little to say on this subject from the time of the Nuremberg and Tokyo trials fifty yearsago until very recently. In this well-researched book, Steven Ratner and Jason Abrams offer a comprehensive study of the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principalcrimes under the law of nations, such as genocide and crimes against humanity. They go on to appraise the most important prosecutorial and other mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compellingconclusions on the prospects for accountability. In this new edition the authors also cover recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court.This new edition has been revised and updated to include developments since 1997, including domestic prosecutions and truth commission, the work of the UN's Yugoslavia and Rwand Tribunals, and the International Criminal Court.

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Cuprins

Genocide and the Imperfections of Codification
26
Crimes Against Humanity and the Inexactitude of Custom
46
War Crimes and the Limitations of Accountability for Acts
80
Other Abuses Incurring Individual Responsibility Under
111
Torture
117
Forced Disappearances
123
Framing the Issues
151
National Tribunals
160
Comments on Evidence
253
Hostilities with Vietnam
277
Applying the Law
284
Engaging the Mechanisms
307
The Prospects for Individual
331
A Word of Caution
343
International Covenant on Civil and Political Rights
357
Convention against Torture and Other Cruel Inhuman
364

International Criminal
187
The International Criminal Tribunal for Rwanda
201
Investigatory Commissions
228
United States Alien Tort Claims Act
395
Index
421
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Despre autor (2001)

Steven Ratner is Assistant Professor at the University of Texas Law School. Jason Abrams was formerly working as a Legal Officer with the Office of Legal Affairs of the United Nations and is now an International Lawyer in New York.

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