Crimes of Peace


Book Description

Among the world's hotly contested, obsessively controlled, and often dangerous borders, none is deadlier than the Mediterranean Sea. Since 2000, at least 25,000 people have lost their lives attempting to reach Italy and the rest of Europe, most by drowning in the Mediterranean. Every day, unauthorized migrants and refugees bound for Europe put their lives in the hands of maritime smugglers, while fishermen, diplomats, priests, bureaucrats, armed forces sailors, and hesitant bystanders waver between indifference and intervention—with harrowing results. In Crimes of Peace, Maurizio Albahari investigates why the Mediterranean Sea is the world's deadliest border, and what alternatives could improve this state of affairs. He also examines the dismal conditions of migrants in transit and the institutional framework in which they move or are physically confined. Drawing on his intimate knowledge of places, people, and European politics, Albahari supplements fieldwork in coastal southern Italy and neighboring Mediterranean locales with a meticulous documentary investigation, transforming abstract statistics into names and narratives that place the responsibility for the Mediterranean migration crisis in the very heart of liberal democracy. Global fault lines are scrutinized: between Europe, Africa, and the Middle East; military and humanitarian governance; detention and hospitality; transnational crime and statecraft; the universal law of the sea and the thresholds of a globalized yet parochial world. Crimes of Peace illuminates crucial questions of sovereignty and rights: for migrants trying to enter Europe along the Mediterranean shore, the answers are a matter of life or death.




Aggression and Crimes Against Peace


Book Description

In this volume, the third in his trilogy on the philosophical and legal aspects of war and conflict, Larry May locates a normative grounding for the crime of aggression - the only one of the three crimes charged at Nuremberg that is not currently being prosecuted - that is similar to that for crimes against humanity and war crimes. He considers cases from the Nuremberg trials, philosophical debates in the Just War tradition, and more recent debates about the International Criminal Court, as well as the hard cases of humanitarian intervention and terrorist aggression. His thesis refutes the traditional understanding of aggression. At Nuremberg, crimes against humanity charges were only pursued if the defendant also engaged in the crime of aggression. May argues for a reversal of this position, contending that aggression charges should be pursued only if the defendant's acts involve serious human rights violations.




Peace with Justice?


Book Description

In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.




Crimes of Peace


Book Description

In Crimes of Peace, Maurizio Albahari investigates why the Mediterranean Sea is the world's deadliest border, and what alternatives might improve this state of affairs. Albahari transforms abstract statistics into names and narratives that place the responsibility for the Mediterranean migration crisis in the heart of liberal democracy.




'Crimes Against Peace' and International Law


Book Description

A legal and historical analysis of the first modern attempts to prosecute national leaders for embarking upon aggressive war.




Uneasy Peace


Book Description

From the late ’90s to the mid-2010s, American cities experienced an astonishing drop in violent crime, dramatically changing urban life. In many cases, places once characterized by decay and abandonment are now thriving, the fear of death by gunshot wound replaced by concern about skyrocketing rents. In Uneasy Peace, Patrick Sharkey, “the leading young scholar of urban crime and concentrated poverty” (Richard Florida, author of The Rise of the Creative Class and The New Urban Crisis) reveals the striking effects: improved school test scores, because children are better able to learn when not traumatized by nearby violence; better chances that poor children will rise into the middle class; and a marked increase in the life expectancy of African American men. Some of the forces that brought about safer streets—such as the intensive efforts made by local organizations to confront violence in their own communities—have been positive, Sharkey explains. But the drop in violent crime has also come at the high cost of aggressive policing and mass incarceration. From Harlem to South Los Angeles, Sharkey draws on original data and textured accounts of neighborhoods across the country to document the most successful proven strategies for combating violent crime and to lay out innovative and necessary approaches to the problem of violence. At a time when crime is rising again, the issue of police brutality has taken center stage, and powerful political forces seek to disinvest in cities, the insights in this book are indispensable.




Child Soldiers as Agents of War and Peace


Book Description

This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.




Crimes against Humanity


Book Description

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals and the International Criminal Court. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010.




Justice in Conflict


Book Description

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.




Model Codes for Post-conflict Criminal Justice


Book Description

Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.