Judging War Criminals The Politics of International Justice
In June 1998, diplomats met in Rome to draft the Statute of an International Criminal Court. Based on the precedents of the Nuremberg and Tokyo Tribunals and of the War Crimes Tribunals for Former Yugoslavia and Rwanda, the new Court will judge individual
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Also by Yves Beigbeder INTERNATIONAL MONITORING OF PLEBISCITES, REFERENDA AND NATIONAL ELECTIONS: Self-determination and Transition to Democracy MANAGEMENT PROBLEMS IN UNITED NATIONS ORGANIZATIONS: Reform or Decline THE ROLE AND STATUS OF INTERNATIONAL HUMANITARIAN VOLUNTEERS AND ORGANIZATIONS: The Right and Duty to Humanitarian Assistance THREATS TO THE INTERNATIONAL CIVIL SERVICE: Past Pressures and New Trends
* THE INTERNAL MANAGEMENT OF UNITED NATIONS ORGANIZATIONS: The Long Quest for Reform
* also from the same publishers
Judging War Criminals The Politics of International Justice Yves Beigbeder Adjunct Professor Webster University Geneva Switzerland
Foreword by Theo van Boven
First published in Great Britain 1999 by
MACMILLAN PRESS LTD
Houndmills, Basingstoke, Hampshire RG21 6XS and London Companies and representatives throughout the world A catalogue record for this book is available from the British Library.
ISBN 978-1-349-39990-1 DOI 10.1057/9780230378964
ISBN 978-0-230-37896-4 (eBook)
First published in the United States of America 1999 by
ST. MARTIN'S PRESS, INC.,
Scholarly and Reference Division, 175 Fifth Avenue, New York, N.Y. 10010
ISBN 978-0-312-21649-8 Library of Congress Cataloging-in-Publication Data Beigbeder, Yves. Judging war criminals : the politics of international justice I Yves Beigbeder; foreword by Theo van Boven. p. em. Includes bibliographical references and index. ISBN 978-0-312-21649-8 (cloth) !. International criminal courts. 2. War criminals. I. Title. K5000.B45 1998 341.7'7-dc21 98-25629 ClP ©Yves Beigbeder 1999 Foreword © Theo van Boven 1999 Softcover reprint of the hardcover 1st edition 1999 978-0-333-68153-4 All rights reserved. No reproduction, copy or transmission of this publication may be made without written pernlission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London WIP 9HE. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. 10987654 08 07 06 05 04 03 02 01
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To the memory of Henri Donnedieu de Vabres (1880-1952), French judge at the Nuremberg War Crimes Trial, 1945-6
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Contents List of Tables and Presentations
viii
Foreword
ix
Preface and Acknowledgements
xii
List of Abbreviations
1
xvii
Humanitarian Law: from Normative Thrust to Criminal Enforcement
1
2
The Nuremberg Precedent
27
3
The Tokyo Trial
50
4
The Hidden, Denied and Unpunished Mass Crimes
76
5
Truth and Reconciliation
104
6
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