Criminal Law

Punishing Atrocities Through a Fair Trial : International Criminal Law from Nuremberg to the Age of Global Terrorism

By Jonathan Hafetz
Cambridge University Press December 2018

Specifications

ISBN-13
9781107476592
Publisher
Cambridge University Press
Publication
December 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Over the past decades, international criminal law has evolved to become the operative norm for addressing the worst atrocities.

Tribunals have conducted numerous trials addressing mass violence in the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and other countries in order to bring to justice perpetrators of war crimes and other grave offenses. Yet international courts have struggled to hold perpetrators accountable for these crimes while still protecting the fair trial rights of defendants.

Punishing Atrocities through a Fair Trial explores this tension as it has developed from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court . It explains why international criminal law must adhere to transparent principles of legality and due process if it is to assure its future as a legitimate legal regime.

Table of Contents

Introduction
1. Creating the template: Nuremberg and the post-World War II international prosecutions
2. International criminal law's revival and the challenges of implementation
3. The creation of a permanent international criminal court
4. Procedure and fairness in a decentralized system
5. The selectivity challenge in international criminal law
6. Achieving accountability and fairness: a window into the recurring debate over treating terrorism as an international crime
Concluding remarks.
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