War With Crime
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War Crimes
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Author : Matthew Talbert
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-11
War Crimes written by Matthew Talbert and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11 with Philosophy categories.
In 2005, US Marines killed 24 unarmed Iraqi civilians in the town of Haditha, including several children. How should we assess the perpetrators of this and other war crimes? Is it unfair to blame the Marines because they were subject to situational pressures such as combat stress (and had lost one of their own in combat)? Or should they be held responsible for their actions, since they intentionally chose to kill civilians? In this book, Matthew Talbert and Jessica Wolfendale take up these moral questions and propose an original theory of the causes of war crimes and the responsibility of war crimes perpetrators. In the first half of the book, they challenge accounts that explain war crimes by reference to the situational pressures endured by military personnel, including peer pressure, combat stress, and propaganda. The authors propose an alternative theory that explains how military personnel make sense of their participation in war crimes through their self-conceptions, goals, and values. In the second half of the book, the authors consider and reject theories of responsibility that excuse perpetrators on the grounds that situational pressures often encourage them to believe that their behavior is permissible. Such theories of responsibility are unacceptably exculpatory, implying it is unreasonable for victims of war crimes to blame their attackers. By contrast, Talbert and Wolfendale argue that perpetrators of war crimes may be blameworthy if their actions express objectionable attitudes towards their victims, even if they sincerely believe that what they are doing is right.
Elements Of War Crimes Under The Rome Statute Of The International Criminal Court
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Author : Knut Dörmann
language : en
Publisher: Cambridge University Press
Release Date : 2003-03-27
Elements Of War Crimes Under The Rome Statute Of The International Criminal Court written by Knut Dörmann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-27 with Law categories.
The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.
Encyclopedia Of War Crimes And Genocide
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Author : Leslie Alan Horvitz
language : en
Publisher:
Release Date : 2011
Encyclopedia Of War Crimes And Genocide written by Leslie Alan Horvitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Genocide categories.
Encyclopedia of War Crimes and Genocide, Revised Edition examines the contemporary history of crimes against humanity, during both wartime and peacetime. With more than 500 entries, this two-volume A-to-Z encyclopedia covers a wide range of relevant topics, including human rights, war criminals, war crimes, examples of genocide, international organizations and international law concerning war crimes, and much more. This revised edition also includes updated information on recent human rights and war crime trials. It features a primary resources section with documents that are vital to understanding this subject.
Japanese War Criminals
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Author : Sandra Wilson
language : en
Publisher: Columbia University Press
Release Date : 2017-02-14
Japanese War Criminals written by Sandra Wilson and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-14 with History categories.
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
The Law Of War Crimes
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Author : Timothy L.H. McCormack
language : en
Publisher: BRILL
Release Date : 2023-07-24
The Law Of War Crimes written by Timothy L.H. McCormack and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
Law War And Crime
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Author : Gerry J. Simpson
language : en
Publisher: John Wiley & Sons
Release Date : 2013-04-18
Law War And Crime written by Gerry J. Simpson and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-18 with Law categories.
From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.
War Crimes And Just War
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Author : Larry May
language : en
Publisher: Cambridge University Press
Release Date : 2007-02-12
War Crimes And Just War written by Larry May and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-12 with Philosophy categories.
Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. He shows that in a deeply pluralistic world, we need to understand the rules of war as the collective responsibility of states that send their citizens into harm's way, as the embodiment of humanity, and as the chief way for soldiers to retain a sense of honour on the battlefield. Throughout, May demonstrates that the principle of humanness is the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality. He draws extensively on the older Just War tradition to assess recent cases from the International Tribunal for Yugoslavia as well as examples of atrocities from the archives of the International Committee of the Red Cross.
War Crimes In Internal Armed Conflicts
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Author : EVELA HAYE
language : en
Publisher: Lulu.com
Release Date :
War Crimes In Internal Armed Conflicts written by EVELA HAYE and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
War Crime And The Covenant
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Author : Géza Róheim
language : en
Publisher:
Release Date : 1945
War Crime And The Covenant written by Géza Róheim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1945 with Primitive societies categories.
War And War Crimes
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Author : James Gow
language : en
Publisher: C Hurst
Release Date : 2013
War And War Crimes written by James Gow and has been published by C Hurst this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with International War Crimes Tribunal categories.
The laws of war have always been concerned with issues of necessity and proportionality, but how are these principles applied in modern warfare? What are the pressures on practitioners where an increasing emphasis on legality is the norm? Where do such boundaries lie in the contexts, means and methods of contemporary war? What is wrong, or right, in the view of military-political practitioners, in how those concepts relate to today's means and methods of war? These are among the issues addressed by James Gow in his compelling analysis of war and war crimes, which draws upon research conducted over many years with defence professionals from all over the world. Today more than ever, military strategy has to embrace justice and law, with both being deemed essential prerequisites for achieving success on the battlefield. And in a context where legitimacy defines success in warfare, but is a fragile and contested concept, no group has a greater interest in responding to these pressures and changes positively than the military. It is they who have the greatest need and desire to foster legitimacy in war by getting the politics-law-strategy nexus right, as well as developing a clear understanding of the relationship between war and war crimes, and calibrating where war becomes a war crime.