Criminal Law

The Rise and Fall of War Crimes Trials From Charles I to Bush II

By Anthony Smith
Cambridge University Press June 2012

Specifications

ISBN-13
9781107023543
Publisher
Cambridge University Press
Publication
June 2012
Format
Hardback , 326 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials – a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

• First comprehensive treatment of war crimes tribunals that is theoretically grounded

• First volume that tracks the evolution of war crimes trials from the outset through the present

• Offers a theoretical argument supported by a thorough analysis of the empirical evidence

Table of Contents

Acknowledgments
vii
1.      Introduction
1
Overview
1
The Evolution of Justice and the Concept of Law
11
Politics and Power
16
The Cases
20
2.      Antecedents and Origins of War Crimes Tribunals: The Trial of Charles I and the Trial of Captain Henry Wirz
29
The Trial of Charles I
30
The Trial of Captain Henry Wirz
50
3.      The Institutionalization of War Crimes Tribunals: The Nuremberg Trials and the Tokyo Trials
79
The Nuremberg Trials
80
The Tokyo War Crimes Trial
96
Charles I, Captain Wirz, Nuremberg, and Tokyo in Perspective
110
4.      Domestication of War Crimes Tribunals: Argentina, South Africa, and the Former Soviet States
117
Argentina
118
The Truth and Reconciliation Commission of South Africa
132
Lustration and the Former Soviet States
148
5.      Third-Party War Crimes Tribunals: The ICTY and the ICTR
155
The Former Yugoslav States
156
Rwanda
173
6.      Globalization of War Crimes Tribunals through the International Criminal Court
185
7.      The Fall of War Crimes Tribunals: Afghanistan, Iraq, and the War on Terror
231
Iraq
234
Afghanistan and the War on Terror
243
8.      Conclusion
265
References
291
Index
311

About the Author

Charles Anthony Smith
University of California, Irvine

Out of stock
This title is currently unavailable for purchase.
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries

Recommended

You may also be interested in these books:

More titles from Criminal Law

View all