At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for "the mother of all trials." Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam's many crimes should be prosecuted. Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
The Trial and Execution of Saddam Hussein
Author: Prof. Michael A. Newton,Prof. Michael P. Scharf
Publisher: St. Martin's Press
Der Vormarsch der Milizen des selbsternannten Islamischen Staats gehört derzeit zu den beherrschenden Nachrichtenthemen. In ihm zeigt sich eine neue Qualität des Terrors, der mit dem Export des Heiligen Kriegs, des Dschihad, auch nach Europa überzuschwappen droht. Doch wie konnte es zu dieser bedrohlichen Entwicklung kommen? Wilfried Buchta, ein ausgewiesener Kenner der Region, zeichnet die fatalen Ereignisse im Nahen Osten nach. Er beleuchtet dabei die Rolle der wichtigsten Akteure und Machtfaktoren und erklärt, welche Handlungsoptionen dem Westen heute noch bleiben.
Der Islamische Staat, Iraks Zerfall und Amerikas Ohnmacht
Author: Wilfried Buchta
Publisher: Campus Verlag
Category: Political Science
First Published in 2012. Routledge is an imprint of Taylor & Francis, an informa company.
From Speakers' Corner to War Crimes
Author: Predrag Dojcinovic
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
From Theory to Practice
Author: Carsten Stahn,Mohamed M. El Zeidy
Publisher: Cambridge University Press
The trial of Saddam Hussein marks the first time since the UN was created that a head of state has been put on trial by an invading, occupying power. This book, by the UK coordinator of Saddam Hussein's defense team, seeks to alert public attention to the threat this precedent poses to developing nations worldwide, and to its distortive influence on the further development of international law. Al-Ani documents the trail of illegalities marking the destruction of Iraq at the hands of the US and UK, from the genocidal sanctions of the 1990s, the US State Department pre-invasion planning that commenced in 2001, and the 2003 invasion, to the setting up and proceedings of the Tribunal that swiftly dispatched Saddam Hussein. While the Tribunal was intended to promote the image of a triumphant Iraqi democracy, the US was actually in control of all stages of the trial. It drafted the Tribunal's Statute, decided where the trial would be held, and what charges would be brought; researched, compiled, stored, and prevented access to evidence and documentation; elected and trained the judges, and micro-managed the proceedings. Al-Ani follows the trial step by step, detailing its many failures and US micro-management: * Important documents were not given to defense lawyers in advance * no written transcript of the trial was kept * paperwork was lost * The defense was prevented from cross-examining witnesses * judges and numerous witnesses participated incognito, * defense lawyers were intimidated, three were assassinated * defense witnesses were frightened to come forward * defense lawyers could not communicate with their client or review the evidence The trial itself was so farcical as to provoke international condemnation. International human rights groups, including Amnesty International and Human Rights Watch, as well as UN bodies such as the Working Group on Arbitrary Detention and the High Commissioner for Human Rights, have stated that the Iraqi Special Tribunal and its
Author: ʻAbd al-Ḥaqq ʻĀnī
Publisher: SCB Distributors
Category: Biography & Autobiography
The increase in the number of countries that have abolished the death penalty since the end of the Second World War shows a steady trend towards worldwide abolition of capital punishment. This book focuses on the political and legal issues raised by the death penalty in "countries in transition", understood as countries that have transitioned or are transitioning from conflict to peace, or from authoritarianism to democracy. In such countries, the politics that surround retaining or abolishing the death penalty are embedded in complex state-building processes. In this context, Madoka Futamura and Nadia Bernaz bring together the work of leading researchers of international law, human rights, transitional justice, and international politics in order to explore the social, political and legal factors that shape decisions on the death penalty, whether this leads to its abolition, reinstatement or perpetuation. Covering a diverse range of transitional processes in Asia, Africa, Latin America, Europe, and the Middle East, The Politics of the Death Penalty in Countries in Transition offers a broad evaluation of countries whose death penalty policies have rarely been studied. The book would be useful to human rights researchers and international lawyers, in demonstrating how transition and transformation, ‘provide the catalyst for several of interrelated developments of which one is the reduction and elimination of capital punishment’.
Author: Madoka Futamura,Nadia Bernaz
Author: United States Military Academy. Association of Graduates
During the past several decades, the international human rights movement has had a crucial hand in the struggle against totalitarian regimes, cruelties in wars, and crimes against humanity. Today, it grapples with the war against terror and subsequent abuses of government power. In The International Human Rights Movement, Aryeh Neier--a leading figure and a founder of the contemporary movement--offers a comprehensive and authoritative account of this global force, from its beginnings in the seventeenth and eighteenth centuries to its essential place in world affairs today. Neier combines analysis with personal experience, and gives a unique insider's perspective on the movement's goals, the disputes about its mission, and its rise to international importance. Discussing the movement's origins, Neier looks at the dissenters who fought for religious freedoms in seventeenth-century England and the abolitionists who opposed slavery before the Civil War era. He pays special attention to the period from the 1970s onward, and he describes the growth of the human rights movement after the Helsinki Accords, the roles played by American presidential administrations, and the astonishing Arab revolutions of 2011. Neier argues that the contemporary human rights movement was, to a large extent, an outgrowth of the Cold War, and he demonstrates how it became the driving influence in international law, institutions, and rights. Throughout, Neier highlights key figures, controversies, and organizations, including Amnesty International and Human Rights Watch, and he considers the challenges to come. Illuminating and insightful, The International Human Rights Movement is a remarkable account of a significant world movement, told by a key figure in its evolution.
Author: Aryeh Neier
Publisher: Princeton University Press
Category: Political Science
Provides detailed assessments of law applicable to the most difficult problems encountered during modern armed conflicts and coalitions.
Commentary and Critique
Author: Michael A. Newton
Publisher: Cambridge University Press
Torture is the most widespread human rights crime in the modern world, practiced in more than one hundred countries, including the United States. How could something so brutal, almost unthinkable, be so prevalent? The Phenomenon of Torture: Readings and Commentary is designed to answer that question and many others. Beginning with a sweeping view of torture in Western history, the book examines questions such as these: Can anyone be turned into a torturer? What exactly is the psychological relationship between a torturer and his victim? Are certain societies more prone to use torture? Are there any circumstances under which torture is justified—to procure critical information in order to save innocent lives, for example? How can torture be stopped or at least its incidence be reduced? Edited and with an introduction by the former Executive Director of Amnesty International USA, The Phenomenon of Torture draws on the writings of torture victims themselves, such as the Argentinian journalist Jacobo Timerman, as well as leading scholars like Elaine Scarry, author of The Body in Pain. It includes classical works by Voltaire, Jeremy Bentham, Hannah Arendt, and Stanley Milgram, as well as recent works by historian Adam Hochschild and psychotherapist Joan Golston. And it addresses new developments in efforts to combat torture, such as the designation of rape as a war crime and the use of the doctrine of universal jurisdiction to prosecute perpetrators. Designed for the student and scholar alike, it is, in sum, an anthology of the best and most insightful writing about this most curious and common form of abuse. Juan E. Méndez, Special Advisor to the United Nations Secretary General on the Prevention of Genocide and himself a victim of torture, provides a foreword.
Readings and Commentary
Author: William F. Schulz
Publisher: University of Pennsylvania Press
Category: Political Science
Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.
Author: Michael Newton,Larry May
Publisher: Oxford University Press
Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.
Author: Yuval Noah Harari
This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Domestic Solutions to International Crimes
Author: Michael P. Scharf,Michael A. Newton,Milena Sterio
Publisher: Cambridge University Press
Tracking the ways in which journalism and memory mutually support, undermine, repair and challenge each other, this fascinating collection brings together leading scholars in journalism and memory studies to investigate the complicated role that journalism plays in relation to the past.
Author: B. Zelizer,K. Tenenboim-Weinblatt
The modern use of international tribunals to try heads of state for genocide and crimes against humanity is often considered a positive development. Many people think that the establishment of special courts to prosecute notorious dictators represents a triumph of law over impunity. In "A History of Political Trials," John Laughland takes a very different and controversial view. He shows that trials of heads of state are in fact not new, and that previous trials throughout history have themselves violated the law and due process. It is the historical account which carries the argument. By examining trials of heads of state and government throughout history - figures as different as Charles I, Louis XVI, Erich Honecker, and Saddam Hussein - Laughland shows that modern trials of heads of state have ugly historical precedents. In their different ways, all the trials he describes were marked by arbitrariness and injustice, and many were gross exercises in hypocrisy. Political trials, he finds, are only the continuation of war by other means. With short and easy chapters, but the fruit of formidable erudition and wide reading, this book will force the general reader to re-examine prevailing opinions of this subject.
From Charles I to Saddam Hussein
Author: John Laughland
Publisher: Peter Lang
"Fast 500.000 verkaufte Exemplare in drei Tagen - die Enthüllung von Bushs ehemaligem Terrorberater Richard Clarke schlägt alle Rekorde" (SPIEGEL ONLINE) Binnen weniger Tage wurde "Against All Enemies" zu einem hochbrisanten Politikum, über das die Medien weltweit berichteten. Was macht die Schlagkraft dieses Buches aus? "Die Bush-Administration hat die Gelegenheit verpasst, Al Qaida zu zerschlagen", schreibt Richard A. Clarke. Sie habe alle Warnungen vor Al Qaida ignoriert, in einem unnötigen Krieg gegen Irak wertvolle Zeit verloren und dem Terrorismus Gelegenheit gegeben, sich neu zu organisieren. Wie kein anderer ist Clarke berechtigt, ein solches Urteil zu fällen. Zwei Jahrzehnte seines Lebens hat er dem Kampf gegen den Terrorismus gewidmet. Er war unter Clinton und Bush Cheforganisator der amerikanischen Anti-Terror-Politik und leitete in den entscheidenden Stunden nach den Anschlägenvom 11. September den Krisenstab im Weißen Haus. Sein Bericht, der sich auf die Entwicklungen vom ersten Golfkrieg bis zu "Bushs Vietnam" im Irak konzentriert, liest sich wie ein autobiografischer Thriller.
Der Insiderbericht über Amerikas Krieg gegen den Terror
Author: Richard A. Clarke
Publisher: Hoffmann und Campe
Averting Global War examines major regional disputes and conflicts throughout the world as they impact upon both American domestic and foreign policy. These include: The ongoing _war on terrorism_; NATO enlargement to Russian borders; US intervention in Iraq; US confrontation with Iran; the feud between Israel and the Palestinians; the widening _zone of conflict_ from Central Asia to sub-Saharan Africa; the global ramifications of North Korea_s nuclear program and China_s claims to Taiwan; Venezuela_s _Bolivarian Revolution_ and the _war on drugs_ in Latin America, the domestic socio-political effects of Latin American immigration upon the US. The book_s goal is to articulate an irenic American strategy intended to resolve, or at least transform, a number of these disputes and conflicts so as to prevent them from further _deepening_ or _widening__and to avert the real possibility of major power confrontation involving both clandestine and overt methods of warfare.
Regional Challenges, Overextension, and Options for American Strategy
Author: H. Gardner
Category: Political Science
Category: Economic history