Academic literature on the topic 'War crime tribunals'

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Journal articles on the topic "War crime tribunals"

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Popko, V. "THE "HAGUE" MODIFICATION OF THE INTERNATIONAL CRIME CONCEPT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 66–74. http://dx.doi.org/10.17721/1728-2195/2021/2.117-13.

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The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability
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Bluen, Kelly-Jo. "Globalizing Justice, Homogenizing Sexual Violence: The Legacy of the ICTY and ICTR in terms of Sexual Violence." AJIL Unbound 110 (2016): 214–19. http://dx.doi.org/10.1017/s2398772300009053.

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In their contribution to the AJIL Symposium, Robinson and MacNeil remark that a prolific legacy of the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) is that “it is now commonsense that rape is and must be a war crime.” This line distills the complexity of the legacies of the tribunals regarding sexual and gender-based violence. On the one hand, it articulates the critical role of the tribunals in cementing the idea that sexual violence, hitherto largely relegated to indifference in international criminal law and policy frameworks, is worthy of international attention. Simultaneously, it encapsulates the ways in which the tribunals’ jurisprudence has been received globally to narrate a narrow conception of conflict-related sexual violence as a “weapon of war” or committed as part of “strategic” conflict-related goals. In fact, there is little that constitutes common sense about sexual violence in conflict, nor is it always, or even most predominantly, committed as a war crime, crime against humanity,or in pursuit of genocide as envisaged by international criminal law. Various studies suggest that sexual violence in war takes many forms and causalities with differentiation across and within conflict contexts.
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Franco, Jean. "Rape and Human Rights." PMLA/Publications of the Modern Language Association of America 121, no. 5 (October 2006): 1662–64. http://dx.doi.org/10.1632/pmla.2006.121.5.1662.

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According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during the 1993 takeover of Foca, where women were systematically raped and killed, the purpose being “to destroy an ethnic group by killing it, to prevent its reproduction or to disorganize it, removing it from its home soil.”
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Allahverdiyev, Alovsat. "Criminological specificity of war crimes, their difference from crimes against humanity and genocide." Journal of the National Institute of Justice, no. 4(67) (February 2024): 54–60. http://dx.doi.org/10.52277/1857-2405.2023.4(67).08.

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At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6, crimes against humanity in Article 7, and war crimes in Article 8 respectively. Unlike war crimes, crimes against humanity and crime of genocide can be perpetrated both in times of warfare and peace. It’s always important to distinguish the latter from war crimes.
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Doherty, Joseph W., and Richard H. Steinberg. "Punishment and Policy in International Criminal Sentencing: An Empirical Study." American Journal of International Law 110, no. 1 (January 2016): 49–81. http://dx.doi.org/10.5305/amerjintelaw.110.1.0049.

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The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have sentenced over 130 perpetrators for genocide, crimes against humanity, grave breaches of the Geneva Conventions, or war crimes. Sentencing judgments discuss the factors considered by the judges and impose a term of imprisonment. We regressed the sentence length meted out for each perpetrator on the doctrinal factors said to explain the term of imprisonment and on other factors rumored to affect sentencing. We find that the gravity of the crime and aggravating factors declared by the Tribunals as sentencing factors are significantly related to sentence length but that the mitigating factors proclaimed by the tribunals—all but one of which are associated with diplomatic and policy objectives—are not significantly related to the term of imprisonment. We conclude that international criminal sentences prioritize punishment of the individual based on the seriousness of the crime over the other diplomatic and policy goals that the judges claim to be pursuing. We conjecture that this discrepancy is based on functional differences: the sentencing judgment discussion seeks to advance the many policy objectives of the Tribunals, while the declared term of imprisonment is largely an expressive act of retributive justice, which might also facilitate deterrence and reconciliation.
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Szych, Agnieszka. "Wpływ Międzynarodowego Trybunału dla Dalekiego Wschodu na rozwój Międzynarodowego Prawa Humanitarnego Konfliktów Zbrojnych w aspekcie przemocy seksualnej." Krakowskie Studia Małopolskie 39, no. 3 (2023): 57–72. http://dx.doi.org/10.15804/ksm20230303.

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The Second World War caused the collapse of the rules prevailing in the world so far. The cruelty of warfare, which also affected civilians, made the international community aware that the principles of humanitarianism adopted so far are insufficient. The world demanded that war criminals be brought to justice. At that point, no international court existed to take on the challenge. Two tribunals were established – the International Military Tribunal based in Nuremberg and the International Tribunal for the Far East based in Tokyo, whose task was to try the most serious crimes committed during II World War. The civilian population, especially women, suffered from sexual violence and rape. The International Tribunal for the Far East did not remain silent on the subject of sex crimes and undertook to judge war criminals who were also responsible for rapes. The actions of the International Tribunal for the Far East were one of the first steps in history in the field of punishing the crime of rape committed during armed conflicts and influenced the development of international criminal law in this area.
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Langer, Máximo. "The Diplomacy of Universal Jurisdiction: The Political Branches and the Transnational Prosecution of International Crimes." American Journal of International Law 105, no. 1 (January 2011): 1–49. http://dx.doi.org/10.5305/amerjintelaw.105.1.0001.

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Under universal jurisdiction, any state in the world may prosecute and try the core international crimes— crimes against humanity, genocide, torture, and war crimes—without any territorial, personal, or national-interest link to the crime in question whenit was committed.The jurisdictional claim is predicated on the atrocious nature of the crime and legally based on treaties or customary international law. Unlike the regime of international criminal tribunals created by the United Nations Security Council and the enforcement regime of the International Criminal Court (ICC), the regime of universal jurisdiction is completely decentralized.
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Shulzhenko, Nadiia, Snizhana Romashkin, Mykola Rubashchenko, and Hаlyna Tatarenko. "The problematic aspects of International core crimes and transnational crimes accordingly to International Law." Revista de la Universidad del Zulia 11, no. 31 (October 1, 2020): 376–88. http://dx.doi.org/10.46925//rdluz.31.23.

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Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.
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Gadler, Alice. "The Protection of Peacekeepers and International Criminal Law: Legal Challenges and Broader Protection." German Law Journal 11, no. 6 (June 1, 2010): 585–608. http://dx.doi.org/10.1017/s2071832200018745.

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The concern for the safety and security of personnel involved in peacekeeping missions has grown in the last two decades, mainly because of the increased risks deriving from deployment in volatile environments and mandates comprising multiple tasks. This article provides an overview of the developments of international law regarding the protection of peacekeepers, with a special focus on international criminal law and its role in enhancing the safety of the personnel and objects involved in peacekeeping missions. Indeed, starting in 2008, international and hybrid tribunals have issued their first decisions and judgments against individuals indicted for war crimes and crimes against humanity in connection with attacks against peacekeepers.After an analysis of the legal regimes established by the 1994 Convention on the Safety of United Nations and Associated Personnel and by international humanitarian law, the article examines the relevant international criminal law provisions and their application and interpretation by the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, and the International Criminal Court. It is argued that the application of the specific war crime of attacking peacekeepers, introduced for the first time in the Rome Statute in 1998, presents particular challenges, but it has also led to the punishment of a broader range of offences against peacekeepers. Furthermore, the application of this crime may contribute to the broadening of the range of punishable offences under the more general war crime of attacking civilians, thus leading to the enhancement of the protection of civilians.
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Birkett, Daley J. "Victims’ Justice? Reparations and Asset Forfeiture at the Extraordinary African Chambers." Journal of African Law 63, no. 2 (June 2019): 151–61. http://dx.doi.org/10.1017/s0021855319000159.

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AbstractThis article critically analyses the reparations and asset forfeiture framework at the Extraordinary African Chambers and its application in the case against Hissène Habré. It identifies obstacles to implementing the reparations awarded and calls for states and international organizations to support their realization for the sake of Habré’s victims, without whose efforts the tribunal might not exist. It argues that international(ized) criminal tribunals should more readily utilize fines and forfeiture as penalties to alleviate the pressure on trust funds to implement reparations awards, particularly in cases where convicted persons possess substantial assets. Lastly, in light of the requirement that assets susceptible to forfeiture orders be derived directly or indirectly from the crime(s) of which a person is found guilty, the article questions the failure of the prosecutor to charge Habré with the war crime of pillage, despite its availability in the tribunal's statute and the finding that the suffering of many of Habré’s victims entitled to individual compensation resulted from pillage.
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Dissertations / Theses on the topic "War crime tribunals"

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Torrens, Shannon Maree. "Interrogating International Criminal Law through the Lens of Justice as Process: From Justice Beliefs to Justice Legacies." Thesis, The University of Sydney, 2019. https://hdl.handle.net/2123/21862.

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International criminal law is at a crucial juncture in its history and progression. The year 2019 marks 26 years since the creation of the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) and the commencement of the modern international criminal law project. In surveying the expanse of international criminal law at this time, it is clear that this project is at a crossroads, marked by a sense of transition and crisis. This stands in stark contrast to the jubilation and optimism that accompanied the creation of the ICTY. This thesis seeks to examine, analyse, and ultimately account for the forces that have driven international criminal law to this point. It does so using a unique methodological framework, which centres around an understanding of justice as a process. This process involves taking abstract beliefs about what is just (which we might term ‘justice beliefs’), focusing these into concrete aims for a particular international criminal tribunal (‘justice aims’), and embodying those aims in particular models and techniques to deliver justice (‘justice models’ and ‘justice techniques’), in order to deliver practical outcomes that ensure lasting legacies of justice (‘justice legacies’). Analysing the purposes and practices of the international criminal tribunals (‘ICTs’) through the lens of this ‘justice progression’, by examining the operation of the ICTs at each stage of this process, offers new insights into the operation of the ICTs, and reveals some of the hidden causes of the systemic problems they face. In particular, it reveals that at each stage of this ‘justice progression’ the ICTs fail to live up to the standards (beliefs, aims, models, techniques and legacies) that they set for themselves. This is due both to practical difficulties in implementation and, perhaps more significantly, flaws and assumptions implicit in those standards themselves, which skew the operation of the ICTs in particular, often problematic, ways.
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Futamura, Madoka. "Revisiting the 'Nuremberg legacy' : societal transformation and the strategic success of international war crime tribunals : lessons from the Tokyo trial and Japanese experience." Thesis, King's College London (University of London), 2006. https://kclpure.kcl.ac.uk/portal/en/theses/revisiting-the-nuremberg-legacy--societal-transformation-and-the-strategic-success-of-international-war-crime-tribunals--lessons-from-the-tokyo-trial-and-japanese-experience(ca67670c-ca38-4383-8def-20ce29415d1b).html.

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Williams, Meagan. "Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution." Thesis, University of North Texas, 2008. https://digital.library.unt.edu/ark:/67531/metadc9721/.

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The development of joint criminal enterprise at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been controversial since the doctrine was first created in 1997. For the judgments rendered by the ICTY to be perceived as legitimate, the doctrines used to bring charges against defendants must also be perceived as legitimate. The purpose of my thesis is to study the application of joint criminal enterprise at the ICTY and examine how the doctrine has influenced the length of sentences given. I find that joint criminal enterprise may be influencing longer sentences and the three categories of joint criminal enterprise are being used differently on defendants of different power levels. By empirically analyzing the patterns developing at the ICTY, I can see how joint criminal enterprise is influencing sentencing and the fairness of trials.
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Okebukola, Elijah Oluwatoyin. "Towards a universal procedural framework for war crimes tribunals." Thesis, University of Buckingham, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.572504.

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The principal aim of this thesis is the articulation of an overarching conceptual framework for the formulation and evaluation of procedural rules for war crimes tribunals of all kinds. As such, it examines an area of international procedural criminal law largely neglected by scholars and researchers. In setting out this framework, the thesis carries out three functions. The first is to highlight the anomaly consisting in the co-existence of, on the one hand, a coherent and uniform body of substantive war crimes law and, on the other, an incoherent and inconsistent body of procedural war crimes law. The second is to expose the negative practical consequences flowing from this anomaly. The third, and most fundamental, is to show how the articulation of an overarching conceptual framework for war crimes tribunals takes the important first step in removing the anomaly and eliminating its negative practical consequences.
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Paula, Luiz Augusto Módolo de. "Genocídio e o Tribunal Penal Internacional para Ruanda." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-26032012-114115/.

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A presente dissertação de mestrado analisa a atuação do Tribunal Penal Internacional para Ruanda, corte com sede na Tanzânia, criada sob os auspícios da ONU e encarregada de processar as pessoas responsáveis por sérias violações ao Direito Internacional Humanitário cometidas durante o genocídio da população tutsi organizado por membros do governo e do exército de Ruanda em 1994, e que vitimou mais de 800.000 civis. Estuda-se a evolução do Direito Internacional Penal ao longo do século XX até a criação do Tribunal e a história e a organização política de Ruanda até a eclosão da guerra civil e do genocídio. Apresenta-se a estrutura, a competência e a dinâmica dos julgamentos, promove-se o estudo de quatro casos paradigmáticos julgados, e verificam-se os resultados concretos alcançados pelo Tribunal para impedir a impunidade, apontando este órgão judicial como importante precursor do Tribunal Penal Internacional criado pelo Estatuto de Roma em 1998. O trabalho também ambiciona perpetuar a lembrança de um dos maiores massacres da história, comparável ao próprio Holocausto, e o tratamento dado pelo Direito e pela comunidade internacional ao episódio
This dissertation examines the performance of the International Criminal Tribunal for Rwanda, Tanzania-based court, created under the auspices of the UN, in charge of prosecuting people responsible for serious violations of International Humanitarian Law committed during the genocide of the Tutsi population, organized by members of the government and the army of Rwanda in 1994, which killed over 800,000 civilians. It is studied the evolution of International Criminal Law over the twentieth century until the establishment of the Court, and also the history and the political organization in Rwanda until the outbreak of civil war and genocide. This dissertation presents the structure, competence and dynamics of the trials, promotes the study of four paradigmatic cases tried, and verifies the concrete results achieved by the Court to prevent impunity, pointing this judicial body as an important forerunner of the International Criminal Court created by the Rome Statute in 1998. The study also aspires to perpetuate the memory of one of the greatest massacres in history, comparable to the Holocaust itself, and treatment given by the law and by the international community to the episode
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Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

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Ellenbecker, Joseph A. "From Nuremberg to the Hague : a contrasting study of war crimes tribunals." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1998. http://handle.dtic.mil/100.2/ADA343637.

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Thesis (M.A. in National Security Affairs) Naval Postgraduate School, March 1998.
"March 1998." Thesis advisor(s): Donald Abenheim. Includes bibliographical references (p. 93-98). Also available online.
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LaVilla, Oriana H. D. "Reconciliation and The Rule of Law: The Changing Role of International War Crimes Tribunals." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/439.

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This thesis explores the relationship between international war crimes tribunals and peacebuilding in post-conflict societies. The aim of the present study was to examine how the role and function of international tribunals has changed since the establishment of the Nuremberg tribunal in the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding processes in the aftermath of conflict. As the first international tribunal mandated to restore international peace and security, the International Criminal Tribunal for the former Yugoslavia (ICTY) set a new precedent for international tribunals. Beginning with its establishment, there appeared to be a new trend of using international judicial mechanisms to promote peace and reconciliation in the aftermath of conflict. One important element of change was the increased tendency of international tribunals to engage in public outreach and help build the capacity of national justice sector institutions. As the first international tribunal to succeed the Nuremberg and Tokyo tribunals and the first UN tribunal of its kind, the ICTY has shown the extent to which international tribunals facilitate societal reconciliation is, and will be, understood within the context of the legacies they leave behind. Institutions such as the ICTY will not be judged solely on the merits of the ideals on which they were established, but instead on their concrete successes in the domestic arena and their ability to fortify domestic judicial capacity.
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Kuner, Janosch O. A. "The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1823_1363782732.

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This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The 
proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after World War II. Seen from present-day perspective, the question will be raised whether any conclusions can be drawn from the Flick case in respect of the substance of present-day international criminal law.
 

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Penachioni, Júlia Battistuzzi. "Violência sexual em conflitos armados e em ataques generalizados ou sistemáticos: a criminalização pelo Tribunal Penal Internacional." Pontifícia Universidade Católica de São Paulo, 2017. https://tede2.pucsp.br/handle/handle/19843.

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This dissertation seeks to analyze how sexual violence in armed conflicts and in widespread or systematic attacks has become an international crime, and is criminalized especially by the International Criminal Court (ICC), responsible for characterizing it as a crime against humanity and a war crime, in addition to allowing it to be understood as a form of genocide. For a long time, sexual violence has been seen as an inevitable part of war, notion that will change with the new forms of global accountability — such as individual criminal accountability, contemplated by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda, Courts that contributed to bring sexual violence in armed conflict to prominence, as well as opening important precedents for what would later be understood by the ICC — together with the construction of a solid normative basis, which strengthened the legal foundations that culminated in the formation of the Rome Statute of the ICC
A presente dissertação busca analisar de que maneira a violência sexual em conflitos armados e em ataques generalizados ou sistemáticos tornou-se um crime internacional, sendo criminalizada sobretudo pelo Tribunal Penal Internacional (TPI), responsável por caracterizá-la como um crime contra a humanidade e como crime de guerra, além de possibilitar que fosse entendida como uma forma de genocídio. Durante muito tempo a violência sexual foi considerada como uma parte inevitável da guerra, concepção que vai se alterar a partir das novas formas de prestação de contas global — como a responsabilização penal individual, observada no Tribunal Penal Internacional para a antiga Iugoslávia (TPII) e no Tribunal Penal Internacional para Ruanda (TPIR), Cortes que contribuíram para que a violência sexual em conflitos armados fosse colocada em evidência, além de abrir precedentes de grande relevância para o que mais tarde seria entendido pelo TPI — em conjunto com a construção de uma base normativa sólida, que fortificou os fundamentos legais que culminaram na formação do Estatuto de Roma do TPI
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Books on the topic "War crime tribunals"

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Askin, Kelly Dawn. War crimes against women: Prosecution in international war crimes tribunals. The Hague: M. Nijhoff Publishers, 1997.

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Goodrich, Peter, and Christian Delage. The scene of the mass crime: History, film, and international tribunals. Abingdon, Oxon: Routledge, 2012.

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Bass, Gary J. Stay the hand of vengeance: The politics of war crimes tribunals. Princeton, N.J: Princeton University Press, 2002.

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Maureen, Mulholland, Pullan Brian 1935-, and Pullan Anne, eds. Judicial tribunals in England and Europe, 1200-1700. Manchester: Manchester University Press, 2003.

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Simpson, Gerry J. Law, war and crime: War crimes trials and the reinvention of international law. Cambridge: Polity, 2007.

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Simpson, Gerry J. Law, war and crime: War crimes trials and the reinvention of international law. Cambridge: Polity, 2007.

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Robson, K. MS 200, papers of the International Military Tribunal and the Nuremberg Military Tribunals, 1945-9. Southampton: University of Southampton, 1993.

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Espelund, Görrel. Till mänsklighetens försvar: Iakttagelser av krigsbrott, tribunaler och försoning. Visby: Eddy.se, 2006.

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Futamura, Madoka. War crimes tribunals and transitional justice: The Tokyo Trial and the Nuremburg legacy. Abingdon: Routledge, 2008.

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John R. W. D. Jones. The practice of the International Criminal Tribunals for the former Yugoslavia and Rwanda. 2nd ed. Ardsley, NY: Transnational Publishers, 2000.

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Book chapters on the topic "War crime tribunals"

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Remy, Steven P. "The Nuremberg and Tokyo tribunals." In War Crimes, 33–45. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003118664-6.

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Elias-Bursać, Ellen. "Translation Institutions: War Crimes Tribunals." In The Palgrave Handbook of Languages and Conflict, 331–51. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-04825-9_15.

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Remy, Steven P. "From International Criminal Tribunals to the International Criminal Court." In War Crimes, 68–77. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003118664-10.

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Takeda, Kayoko. "Interpreting at the Tokyo War Crimes Tribunal." In Doing Justice to Court Interpreting, 9–27. Amsterdam: John Benjamins Publishing Company, 2010. http://dx.doi.org/10.1075/bct.26.03tak.

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Beigbeder, Yves. "The International Tribunal for Crimes in the Former Yugoslavia." In Judging War Criminals, 146–68. London: Palgrave Macmillan UK, 1999. http://dx.doi.org/10.1057/9780230378964_8.

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Crowe, David M. "IHL: Soviet-Afghan War, Saddam Hussein, Ad Hoc Tribunals, and Guantánamo." In War Crimes, Genocide, and Justice, 329–78. New York: Palgrave Macmillan US, 2014. http://dx.doi.org/10.1057/9781137037015_10.

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"War Crime Tribunals." In Law Among Nations, 663–92. Routledge, 2015. http://dx.doi.org/10.4324/9781315663708-36.

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Wilets, J. D. "War Crimes: War Crime Law and Tribunals." In Encyclopedia of Forensic and Legal Medicine, 672–78. Elsevier, 2016. http://dx.doi.org/10.1016/b978-0-12-800034-2.00387-6.

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Corn, Geoffrey S., and Eric T. Jensen. "Trial and Punishment For Battlefield Misconduct." In The War on Terror and the Laws of War, 161–86. Oxford University PressNew York, NY, 2009. http://dx.doi.org/10.1093/oso/9780195389210.003.0005.

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Abstract The terms war crime and terrorism share common connections: they both refer to the unjustified infliction of suffering, they both connote the victimization of the innocent, and they both trigger criminal sanction. But these two terms also differ in certain legally substantial ways. Perhaps the most important difference is the source of law that operates to condemn these crimes. War crimes are quintessential international law violations—crimes that are defined by international law and subject to criminal sanction either through international tribunals or domestic tribunals invoking the substance of international law. Terrorism, in contrast, although ostensibly universally condemned, is primarily the subject of domestic law, subject to criminal sanction as the result of domestic criminal prohibition.
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Kai, Ambos. "Ch.IV The Crime of Aggression." In Treatise on International Criminal Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192895738.003.0004.

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This chapter discusses the crime of aggression that was prosecuted for the first time under the title of crime against peace by the Nuremberg and Tokyo Tribunals. The crime of aggression was then defined as planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements, or assurances. In the Nuremberg Trials, to initiate a war of aggression was considered to be the supreme international crime, while before the International Military Tribunal for the Far East (IMTFE) aggression belonged to the major war crimes. The chapter mentions the UN General Assembly (GA) that adopted a groundbreaking definition of an act of aggression in Resolution 3314 (XXIX), which served as the basis for all subsequent discussion leading up to the Kampala compromise as adopted by Art. 8bis ICC Statute. This new crime of aggression and its complicated jurisdictional provisions will be discussed in detail.
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Conference papers on the topic "War crime tribunals"

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Gūtmane, Alma Vilma. "Starptautiska tribunāla izveides aspekti Krievijas–Ukrainas kara kontekstā." In Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.45.

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In response to Russia’s invasion of Ukraine, global focus shifts to holding Russian officials accountable for their crimes. With no current means to enforce accountability for the crime of aggression, the creation of a special international tribunal is a potential option. In the context of the Russia-Ukraine war, the author concludes that two options emerge, namely, a regional solution: a leading role of the Council of Europe in the establishment of an ad hoc international tribunal based on a multilateral treaty; or a tribunal established with a treaty between the UN and Ukraine, initiated by the UN General Assembly. The hybrid tribunal format is discouraged due to potential constitutional problems.
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"Immunity from Jurisdiction with Special View to Kuala Luampur War Crime Tribunal." In International Conference on Trends in Economics, Humanities and Management. International Centre of Economics, Humanities and Management, 2015. http://dx.doi.org/10.15242/icehm.ed0315033.

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Matoušková, Anna. "Aggression against Ukraine: Failure of the International Criminal Justice?" In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.381-390.

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On March 2, 2022, during its 11th Emergency Special Session, the United Nations General Assembly adopted a resolution that condemned the aggression by the Russian Federation against Ukraine. A resolution expected to be followed by further, specific steps. Ensuring accountability for the crime of aggression committed by the members of the leadership of the aggressor State would be one of them. However, gaps in the international criminal justice system still exist, which make the way forward difficult. The key organ of this system, the International Criminal Court, regarding the crime of aggression, is limited by its narrow jurisdictional framework. The present article first explains the limits of the International Criminal Court’s jurisdiction. Subsequently, methods of the establishment of a special tribunal for the crime of aggression are outlined and structured into two categories based on the involvement of the United Nations in the process. First, it describes the possibilities, advantages, and risks of attempting to draft and conclude an agreement between Ukraine and the United Nations on the establishment of a special tribunal. Furthermore, it outlines alternative ways without the direct involvement of the United Nations.
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Mareček, Lukáš. "Terorizmus – zločin podľa medzinárodného práva?" In Protistátní trestné činy včera a dnes. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9976-2021-16.

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Terrorism is a fenomena that is seriously threatening values and interests of the international community. Despite of that the international community was not able to settle its definition yet. If the definition is absent then supression of terorizm by means of international criminal law is in conflict with the principle of legality. Solving of this question is a precondition for evental creation of international criminal organs. In spite of that the issue was not settled the Special Tribunal for Lebanon was created which had crime of terrorism in its jurisdiction ratione materiae. The aims of this paper is to analyse how the Special Tribunal for Lebanon dealt with this problem and to evaluate soundness of its argumentation.
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