From Sovereign Impunity To International Accountability: The by Ramesh Thakur, Peter Malcontent

By Ramesh Thakur, Peter Malcontent

This e-book explores the growth, scope, and controversies of retaining political leaders liable for overseas crimes. "The final century has noticeable the position of legislations and justice in governance expand past the world of person international locations. Its importance, either locally and globally, is illustrated through the advancements made in foreign legislation, particularly in regards to the popularity of overseas human rights, common jurisdiction, and extra overseas crimes. even if, the numerous advances in regards to the foreign popularity of humanitarian legislation and the finishing of impunity for conflict criminals stand in actual risk of being reversed?" —From the foreword by means of Justice Richard J. Goldstone " the best way from the hole of a mass grave to proving a political chief accountable is lengthy and complicated, and good fortune is not at all ensured. In situations like this, a felony trial would possibly not continually give you the top software for reminiscence and healing—especially if the chief has to be published due to the loss of formal proof. nonetheless, if liberating the chief is excluded on the outset, then the legitimacy of the trial might be questioned..." —From the Preface via Martti Ahtisaari

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T]he ultimate step . . is to make statesmen responsible to law. And let me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn aggression by any other nations, including those which sit here now in judgment. 41 With this objective in mind, the judgments at Nuremberg, and those that followed from the Tokyo trials, made clear that international law applies to all individuals waging war, from the lowest foot-soldier to the highest government official.

The past and its culture of impunity ‘‘The culture of impunity’’ is an appropriate description for most of the entire experience of human history. In the vast and complex history of the world, the overwhelming majority of those who ever lived and died suffered from some form of human rights abuse. During almost all times and in all places, people found themselves confronting various forms of prejudice and discrimination, with sharp distinctions made on the basis of gender, race, caste or class, religious or political belief, ethnicity, place of origin, or some other form of difference.

Geoffrey Robertson, Crimes against Humanity: The Struggle for Global Justice, London: Penguin, 1999, pp. 301–302. 4. Martha Minow, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence, Boston: Beacon Press, 1998, p. 26. Part I The historical and political background of international criminal accountability 1 From impunity to accountability: Forces of transformation and the changing international human rights context Paul G. Lauren Introduction The simple but powerful expression ‘‘From a culture of impunity to a culture of accountability’’ implies a transformation nothing short of revolutionary.

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