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This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.
Steven R. Ratner is Professor of Law at the University of Michigan Law School Jason S. Abrams is an international lawyer based in New York James Bischoff works in the offices of U.S. Court of Appeals Judge Juan Torruella
PART I: SUBSTANTIVE LAW ; 1. Individual Accountability for Human Rights Abuses: Historical and Legal Underpinnings ; 2. Genocide and the Imperfections of Codification ; 3. Crimes Against Humanity and the Inexactitude of Custom ; 4. War Crimes and the Limitations of Accountability for Acts in Armed Conflict ; 5. Other Abuses Incurring Individual Responsibility under International Law ; 6. Expanding and Contracting Culpability: Complicity, Defenses, and Other Barriers to Criminality ; PART II: MECHANISMS FOR ACCOUNTABILITY ; 7. Mechanisms for Accountability: Framing the Issues ; 8. The Forum of First Resort: National Tribunals ; 9. The Progeny of Nuremberg: International Criminal Tribunals ; 10. Non-Prosecural Options: Investigatory Commissions, Civil Suits, Immigration Measures, and Lustration ; 11. Developing the Case: Comments on Evidence and Judicial Assistance ; 12. Developing the Case: Comments on Evidence and Judicial Assistance ; PART III: A CASE STUDY: THE ATTROCITIES OF THE KHMER ROUGE ; 12. The Khmer Rouge Rule over Cambodia: A Historical Overview ; 13. Applying the Law ; 14. Engaging the Mechanism ; PART IV: CONCLUSIONS ; 15. Striving for Justice: The Prospects for Individual Accountability ; Appendices
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- ID: 9780199546671
3rd Revised edition
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