International Prosecution of Human Rights Crimes
1 In his separate opinion in the Nuclear Weapons case, Judge Mohammed Bed- oui, then the President of the International Court of Justice, called nuclear we- ons “the absolute evil. ” There are a few other things which merit being called - solutely evil. T
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Wolfgang Kaleck · Michael Ratner Tobias Singelnstein · Peter Weiss (Editors)
International Prosecution of Human Rights Crimes
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Tobias Singelnstein Freie Universität Berlin Van’t-Hoff-Str. 8 14195 Berlin Germany [email protected]
Wolfgang Kaleck Immanuelkirchstr. 3–4 10405 Berlin Germany wka@diefirma.net Michael Ratner Center for Constitutional Rights 666 Broadway 10012 New York, NY USA www.ccr-ny.org
Peter Weiss Center for Constitutional Rights 666 Broadway 10012 New York, NY USA www.ccr-ny.org
Cataloging-in-Publication Data Library of Congress Control Number: 2006933086
ISBN-10 3-540-36648-2 Springer Berlin Heidelberg New York ISBN-13 978-3-540-36648-5 Springer Berlin Heidelberg New York This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable for prosecution under the German Copyright Law. Springer is a part of Springer Science+Business Media springer.com © Springer-Verlag Berlin Heidelberg 2007 The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Production: LE-TEX Jelonek, Schmidt & Vöckler GbR, Leipzig Cover: Erich Kirchner, Heidelberg SPIN 11800958
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Preface
In his separate opinion in the Nuclear Weapons case,1 Judge Mohammed Bedjaoui, then the President of the International Court of Justice, called nuclear weapons “the absolute evil.” There are a few other things which merit being called absolutely evil. They are the predicates of the International Criminal Court and of various domestic laws patterned on the Rome Statute: war crimes, crimes against humanity, genocide, and aggression. A conference organized by the Berlin-based Republikanischer Anwältinnen- und Anwälteverein (Republican Lawyers Association) and the New York-based Center for Constitutional Rights was held in Berlin in June 2005 under the title Globalverfassung versus Realpolitik (Global Constitution versus Realpolitik). It dealt with the tension between these universally accepted norms and the actual practice of governments in an age characterized by the ill-defined concept of the “war on terror.” This book is the outcome of that conference. It is intended for a wide variety of readers: academics, all kinds of jurists, as well as human rights activists, who sometimes know more about the applicable law than the legal experts. It owes its existence to a paradox: On the one hand, new struct
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