Unimaginable Atrocities
Justice, Politics, and Rights at the War Crimes Tribunals
Format:Paperback
Publisher:Oxford University Press
Published:30th Jan '14
Currently unavailable, and unfortunately no date known when it will be back
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- Hardback£96.00(9780199653072)
As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world's worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victors' justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations. In this exceptional book, one of the leading writers in the field of international criminal law explores these controversial issues in a manner that is accessible both to lawyers and to general readers. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victors' justice. This book traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, with a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade.
A great strength of this book is Schabas approach to providing a broad overview of the major international criminal law issues... Schabas ability to go beyond legal doctrine to discuss the foundational theories and political issues of international criminal law speaks to his broad expertise and versatility. The issues and arguments are consistently presented in an accessible, engaging style... He does not burden the reader with dense, legalistic prose. He makes the discussion relevant by drawing on a great deal of historical context and precedent, particularly from the Nuremburg trials. He does not, however, shy away from making reasoned legal arguments and grounding them in sources of international law. He frequently explains and refers to treaties, custom, case law, and works of pre-eminent international law scholars. * Nathan Kruger, Canadian Yearbook of International Law *
Unimaginable Atrocities, Schabas has produced perhaps his greatest work in a prodigious collection of extraordinary contributions to the field... Schabas has long contributed to the development of effective world law. He has taken on the task and made it his own, standing shoulder to shoulder with the likes of Cherif Bassiouni, Antonio Cassese, Hans Corell, Michael Scharf and David Scheffer. His text is plainly intended to appeal to and inform, not only academics, but also those with less direct expertise in the field. This is not to suggest that it is somehow written at an introductory level, or that it can be passed over by those more familiar with the issues addressed in the book. Rather, it seeks to expand the audience, educating those interested in creating a safer and more tolerant world on key components within the field of international criminal law, while providing substantive arguments for discussion among academic circles. * Matthew Kane, International Affairs *
Insightfully explain[s] the conceptual foundations and prospective paths for an international criminal judiciary. Schabas' book reveals once more that international criminal law is shaped by a complex relationship of policy and law, which unfortunately can only partly prevent war crimes while influencing how humanity confronts unimaginable atrocities. * Martin Wählisch, ASIL Cables *
ISBN: 9780198712954
Dimensions: 236mm x 157mm x 14mm
Weight: 358g
240 pages