William A. Schabas

William Schabas

Ramesh Chandra Thakur

Edel Hughes

Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.

Beyond Transitional Justice

Atrocities and International Accountability

Previous edition, 1st, published in 2000.

The Crime of Crimes

Genocide in International Law

Margaret M. DeGuzman

Martin Luther King, Jr. once said "the arc of the moral universe is long, but it bends toward justice." Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century,from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape thishalf-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor.This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, infields including public international law, human rights, transitional justice, international criminal law, and capital punishment.

Essays in Honour of William A. Schabas

Arcs of Global Justice

Helmut Sax

This volume constitutes a commentary on Article 37 of the United Nations Convention on the Rights of the Child.

A Commentary on the United Nations Convention on the Rights of the Child, Article 37: Prohibition of Torture, Death Penalty, Life Imprisonment and Deprivation of Liberty

The first complete article-by-article English commentary on the ECHR, with chapters devoted to each distinct provision or article, this commentary explores the substance of the rights, the workings of the Court, and the enforcement of judgements.

A Commentary

The European Convention on Human Rights

Michael P. Scharf

Gideon Boas

ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

Legitimacy and Coherence

International Criminal Justice

This book provides an analysis of the Rome Statute, which established the International Criminal Court. Each of the 128 articles is examined in the light of relevant case law, academic commentary and related international instruments.

A Commentary on the Rome Statute

The International Criminal Court

Adán Nieto Martín

Luis Arroyo Zapatero

Beatriz García-Moreno

En 2007 la Asamblea General de la ONU adoptó la Resolución 62/149, en la que se reclamaba una moratoria de las ejecuciones en todo el mundo para el año 2015, reafirmando así el compromiso de la organización internacional con la abolición de la pena de muerte e impulsando el debate en torno a ella. Este libro es una nueva contribución de la Red Académica Internacional contra la pena de muerte a este debate, que se dedica especialmente a la Comisión Internacional contra la pena de muerte y a su Presidente Federico Mayor Zaragoza. La obra es principalmente una compilación de las ponencias que tuvieron lugar durante las Jornadas “Contra las penas crueles e inhumanas y la pena de muerte” que se celebraron en la Real Academia de Bellas Artes de San Fernando, en Madrid en junio de 2013, como preparación del 5º Congreso Mundial contra la pena de muerte. El libro además incluye las contribuciones más destacadas, presentadas por jóvenes investigadores en el marco de estas jornadas y una exhaustiva relación general sobre los trabajos del Congreso Mundial a cargo del profesor Mario Maraver. El libro aborda las cuestiones más actuales del proceso de abolición de la pena de muerte, como la ausencia de especial efecto disuasorio o su consideración como una pena cruel e inhumana e incluye trabajos de Luis Arroyo Zapatero, William Schabas, Roger Hood, Sergio García Ramírez, H.J. Albrecht, Federico Mayor Zaragoza, Anabela Miranda y Mercedes Alonso, entre otros cualificados juristas.

Pena de muerte: una pena cruel e inhumana y no especialmente disuasoria

Kanako Takayama

Marta Muñoz de Morales

Universidad de Castilla-La Mancha

uclm

Death penalty: A cruel and inhuman punishment is an academic contribution by Academics for abolition aimed at fostering the debate launched by the United Nations General Assembly in its resolution 62/149 on 18 December 2007, calling for a worldwide moratorium on executions by 2015, and continued by the upcoming review process of the UN’s Millennium Development Goals (MDG). It is mainly a compilation of papers written by the speakers at the Seminar “Against cruel and inhuman punishment and death penalty”, which took place at the Real Academia de Bellas Artes de San Fernando, in Madrid, on 9 June 2013, on the eve of the 5th World Congress against the death penalty. The book deals with current issues of the process towards abolition as the lack of evidence about the deterrence effect of death penalty and its consideration as a cruel and inhuman punishment. Together with the editors, the contribution includes studies, among others, of H.J. Albrecht, Gabrio Forti, Roger Hood, Salim Himnat and Sergio García Ramírez. The Academic International Network against the Death Penalty (REPECAP) dedicates this book to the International Commission against the Death Penalty (ICDP) chaired by Federico Mayor Zaragoza.

Death Penalty: A Cruel and Inhuman Punishment

This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law

Essays on the Death Penalty, Justice, and Accountability

War Crimes and Human Rights

As international criminal justice has grown in prominence, so have the challenges facing it. This book discusses the unresolved questions and dilemmas confronted by international war crimes courts. These include the controversies surrounding prosecutorial policy, the tension between peace and justice, and accusations of victor's justice.

Justice, Politics, and Rights at the War Crimes Tribunals

Unimaginable Atrocities

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 victor's 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 victor's 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.

Flavia Lattanzi

Essays on the Rome Statute of the International Criminal Court

An Introduction to the International Criminal Court

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...said Mr. Fogg. "Well, your honor," replied the pilot, " I can risk neither my men, nor myself, nor yourself, in so long a voyage on a boat of scarcely twenty tons, at this time of the year. Besides, we would not arrive in time, for it is sixteen hundred and fifty miles from Hong Kong to Yokohama." "Only sixteen hundred," said Mr. Fogg. "It is the same thing." Fix took a good long breath. " But," added the pilot, " there might perhaps be a means to arrange it otherwise." Fix did not breathe any more. "How?" asked Phileas Fogg. " By going to Nagasaki, the southern extremity of Japan, eleven hundred miles, or only to Shanghai, eight Imndred miles from Hong Kong. In this last journey, we wold not be at any distance from the Chinese coast, which v uld be a great advantage, all the more so that the currents run to the north." "Pilot," replied Phileas Fogg, "I must lake the American mail steamer at Yokohama, and not at Shanghai or Nagasaki." "Why not? "replied the pilot " The San Francisco stewnet does not start from Yokohama. She stops there and at Nagasaki, but her port of departure is Shanghai." You are certain of what you are saying? " "Certain." "And when does the steamer leave Shanghai? "On the llth, atseven oclock in the evening. We have then four days before us. Four days, that is ninety-six hours, and with an average of eight knots an hour, if we have good luck, if the wind keeps to the southeast, if the sea is calm, we can make the eight hundred miles which separate us from Shanghai." "And you can leave--" " la an hour, time enough to buy my provisions and hoist sail." " It is a bargain--you are the master of the boat? " " Yes, John Bunsby, master of the Tankadere." " Do you wish some earnest money? " " If it does not inconvenience...

William Schabas

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