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Forging a Convention for Crimes against Humanity

$45.00

Richard Goldstone, Leila Nadya Sadat, Gareth Evans, Roger S. Clark, Payam Akhavan, M. Cherif Bassiouni, David Crane, Valerie Oosterveld, Göran Sluiter, Guénaël Mettraux, John Hagan, Todd J. Haugh, Diane Orentlicher, Elies van Sliedregt, Michael P. Scharf, Michael A. Newton, Kai Ambos, David Scheffer, Laura M. Olson, Gregory H. Stanton
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  • Date Published: November 2013
  • availability: In stock
  • format: Paperback
  • isbn: 9781107676794

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About the Authors
  • Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.

    • Contains the first ever text of a draft convention on crimes against humanity, in English and French
    • Contains original papers by pre-eminent scholars on various aspects of the prevention and punishment of crimes against humanity
    • Contains the drafting history of the convention
    Read more

    Reviews & endorsements

    "The importance of this pioneering book, Forging a Convention for Crimes against Humanity, cannot be overestimated. Crimes against humanity has emerged as the premier legal vehicle for international courts to impose accountability on perpetrators responsible for the most heinous crimes against innocent civilian populations. Through the International Convention mechanism proposed and discussed by a corps of experts in this comprehensive compilation, which chronicles its history in practice as well as crucial issues involving its scope, definition and enforcement, the salutary potential of CAH as an effective protection for threatened victims around the globe could be significantly enhanced."
    Patricia M. Wald, Former Judge on the International Criminal Tribunal for the Former Yugoslavia

    "There exists an indisputable need for an international convention codifying and developing customary law on crimes against humanity. The editor of this book and all the distinguished contributors must be highly commended for offering a set of thoughtful papers that explore in depth the problems that the drafting of such convention may raise. All these scholars are animated by a keen desire to expand and consolidate international criminal law in an effort to bolster the principle of international accountability for mass atrocities."
    Antonio Cassese, University of Florence, and former President of the International Criminal Tribunal for the Former Yugoslavia

    "Although the Nuremberg Trials at the end of World War II lay a solid foundation for crimes against humanity and the development of international criminal justice in general, they essentially represented the judgment of the victor over the vanquished. In Forging a Convention for Crimes against Humanity, prominent experts in the field make a powerful case for the adoption of a convention that would articulate and consolidate this most heinous category of crimes. Together with genocide, ethnic cleansing, and war crimes, crimes against humanity are now enshrined in the emerging norm of the Responsibility to Protect. Covering the historical evolution of the initiative, a wide array of substantive dimensions to the categories of the crimes involved, and a draft of the proposed convention, this volume is a monumental contribution to an area of gravest concern to humanity."
    Francis M. Deng, Under-Secretary-General and Special Adviser to the UN Secretary-General on the Prevention of Genocide

    "The onward march of international criminal law has been dramatic in recent years. What is proposed by the distinguished specialist contributors to this body is a further step of great significance -a comprehensive international convention dealing with crimes against humanity."
    Sir Geoffrey Palmer, Former Prime Minister of New Zealand

    "I would suggest that the need for a convention on crimes against humanity is an obvious one. Not only will it fill a vacuum in international humanitarian law, but it would enable States and international organizations to adopt appropriate measures aimed at preventing serious crimes against civilian populations. It would be another positive step toward the withdrawal of impunity from war criminals."
    Richard Goldstone, Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda

    "In closing, this is an outstanding and thought provoking work that will be an essential reference to academics, legal scholars, practitioners, human rights advocates and those who are engaged in the study and promotion of international criminal law. For international criminal law scholars especially, it will continue to be an essential tool for years to come."
    Hilmi M. Zawati, Journal of International Criminal Justice

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    Product details

    • Date Published: November 2013
    • format: Paperback
    • isbn: 9781107676794
    • length: 639 pages
    • dimensions: 233 x 154 x 32 mm
    • weight: 0.89kg
    • contains: 6 b/w illus. 2 maps
    • availability: In stock
  • Table of Contents

    Preface
    Foreword – the crimes against humanity initiative
    1. Crimes against humanity and the responsibility to protect Gareth Evans
    2. History of efforts to codify crimes against humanity: from the charter of Nuremberg to the statute of Rome Roger S. Clark
    3. The universal repression of crimes against humanity before national jurisdictions: the need for a treaty-based obligation to prosecute Payam Akhavan
    4. Revisiting the architecture of crimes against humanity: almost a century in the making with gaps and ambiguities remaining – the need for a specialized convention M. Cherif Bassiouni
    5. The bright red thread: the politics of international criminal law – the West African experience – a case study: operation justice in Sierra Leone David Crane
    6. Gender-based crimes against humanity Valerie Oosterveld
    7. 'Chapeau elements' of crimes against humanity in the jurisprudence of the United Nations ad hoc tribunals Göran Sluiter
    8. The definition of crimes against humanity and the question of a 'policy' element Guénaël Mettraux
    9. Ethnic cleansing as euphemism, metaphor, criminology and law John Hagan and Todd J. Haugh
    10. Immunities and amnesties Diane Orentlicher
    11. Modes of participation Elies van Sliedregt
    12. Terrorism and crimes against humanity Michael P. Scharf and Michael A. Newton
    13. Crimes against humanity and the international criminal court Kai Ambos
    14. Crimes against humanity and the responsibility to protect David Scheffer
    15. Re-enforcing enforcement in a specialized convention on crimes against humanity: inter-state cooperation, mutual legal assistance, and the aut dedere aut judicare obligation Laura M. Olson
    16. Why the world needs an international convention on crimes against humanity Gregory H. Stanton
    Appendice I. International convention on the prevention and punishment of crimes against humanity
    Appendice II. Convention internationale pour la prévention et la répression des crimes contre l'humanité
    Appendice III. A comprehensive history of the international convention on the prevention and punishment of crimes against humanity.

  • Editor

    Leila Nadya Sadat, Washington University, St Louis
    Leila Nadya Sadat is the Henry H. Oberschelp Professor at Washington University School of Law and Director of the Whitney R. Harris World Law Institute. She is also the holder of the Alexis de Tocqueville Distinguished Fulbright Chair at the University of Cergy-Pontoise, in Paris, France, for spring 2011. A distinguished expert in international criminal law and human rights, Sadat is the Director of the Crimes Against Humanity Initiative, a three-year project to study the problem of crimes against humanity and draft a comprehensive convention addressing their punishment and prevention. A prolific scholar, Sadat is the author of The International Criminal Court and the Transformation of International Law: Justice for the New Millennium.

    Contributors

    Richard Goldstone, Leila Nadya Sadat, Gareth Evans, Roger S. Clark, Payam Akhavan, M. Cherif Bassiouni, David Crane, Valerie Oosterveld, Göran Sluiter, Guénaël Mettraux, John Hagan, Todd J. Haugh, Diane Orentlicher, Elies van Sliedregt, Michael P. Scharf, Michael A. Newton, Kai Ambos, David Scheffer, Laura M. Olson, Gregory H. Stanton

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