scholarly journals David Sissons and the history of Australia’s war crimes trials: A spectral interaction in the archives

2020 ◽  
pp. 1-19
Author(s):  
Georgina Fitzpatrick
Keyword(s):  
War Crimes ◽  
War Crimes Trials ◽  
History Of

JAK LUDOBÓJSTWO ZOSTAŁO UZNANE ZA ZBRODNIĘ – DZIEDZICTWO RAFAŁA LEMKINA

2016 ◽  
Vol 10 (2) ◽  
pp. 69-85 ◽  
Author(s):  
Sam MCFARLAND ◽  
Katarzyna HAMER
Keyword(s):  
International Law ◽  
War Crimes ◽  
Genocide Convention ◽  
Entire Life ◽  
War Crimes Trials ◽  
Criminal Charge ◽  
Short Biography ◽  
The World ◽  
Real Change ◽  
History Of

Raphael Lemkin is hardly known to a Polish audiences. One of the most honored Poles of theXX century, forever revered in the history of human rights, nominated six times for the Nobel PeacePrize, Lemkin sacrificed his entire life to make a real change in the world: the creation of the term“genocide” and making it a crime under international law. How long was his struggle to establishwhat we now take as obvious, what we now take for granted?This paper offers his short biography, showing his long road from realizing that the killing oneperson was considered a murder but that under international law in 1930s the killing a million wasnot. Through coining the term “genocide” in 1944, he helped make genocide a criminal charge atthe Nuremburg war crimes trials of Nazi leaders in late 1945, although there the crime of genocidedid not cover killing whole tribes when committed on inhabitants of the same country nor when notduring war. He next lobbied the new United Nations to adopt a resolution that genocide is a crimeunder international law, which it adopted on 11 December, 1946. Although not a U.N. delegate – hewas “Totally Unofficial,” the title of his autobiography – Lemkin then led the U.N. in creating theConvention for the Prevention and Punishment of the Crime of Genocide, adopted 9 December, 1948.Until his death in 1958, Lemkin lobbied tirelessly to get other U.N. states to ratify the Convention.His legacy is that, as of 2015, 147 U.N. states have done so, 46 still on hold. His tomb inscriptionreads simply, “Dr. Raphael Lemkin (1900–1959), Father of the Genocide Convention”. Without himthe world as we know it, would not be possible.

scholarly journals ConfrontingDuch: civil party participation in Case 001 at the Extraordinary Chambers in the Courts of Cambodia

2011 ◽  
Vol 93 (882) ◽  
pp. 503-546 ◽  
Author(s):  
Eric Stover ◽  
Mychelle Balthazard ◽  
K. Alexa Koenig
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Criminal Courts ◽  
War Crimes Trials ◽  
History Of ◽  
Victim Participation ◽  
International War

AbstractThe Extraordinary Chambers in the Courts of Cambodia (ECCC) is unique because it is the first international criminal tribunal to allow victims of alleged crimes to act as civil parties at trial. This means that victims can have a role at the ECCC beyond being called as witnesses. After presenting the history of victim participation in national and international war crimes trials, this article examines how civil party participation shaped the trial proceedings at the ECCC, and how the civil parties viewed their interactions with the court. It concludes by reflecting on the positive and negative aspects of civil party participation in theDuchtrial, and what implications such participation may have for future trials at the ECCC and other international criminal courts.

Nazi Atrocities, International Criminal Law, and Soviet War Crimes Trials

2019 ◽  
pp. 189-219
Author(s):  
Franziska Exeler
Keyword(s):  
Criminal Law ◽  
Public Perception ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
Basic Rule ◽  
War Crimes Trials ◽  
History Of ◽  
The Difference ◽  
Global Moment

This chapter analyses the Soviet Union’s role in the global moment of post-Second World War justice. It examines the extent to which Moscow’s participation at the International Military Tribunal in Nuremberg, its war crimes trials of Axis soldiers, and its treason (or collaboration) trials of Soviet citizens were linked, but also when and why these different-level processes remained separate. Although the Soviet side made productive contributions to the history of international criminal law, its war crimes and treason trials continued to lack basic rule of law. In one crucial respect, though, the Soviet trials of Axis soldiers were distinct from Soviet prewar show trials. The difference lay in fabricated or imagined versus actual and visible acts, and in the extent to which almost everyone in occupied territory had suffered under the Germans. This, in turn, not only affected public perception of the trials, it also accounted for differences within illiberal justice.

The First Wave of International War Crimes Trials: Istanbul and Leipzig

2006 ◽  
Vol 14 (4) ◽  
pp. 441-455 ◽  
Author(s):  
ALAN KRAMER
Keyword(s):  
War Crimes ◽  
Second World War ◽  
Crimes Against Humanity ◽  
World War ◽  
The First World War ◽  
War Crimes Trials ◽  
International War ◽  
Second World ◽  
First World ◽  
Foundation Stone

The Nuremberg tribunal following the Second World War is universally considered as the foundation stone of international law with regard to war crimes and crimes against humanity. It may come as a surprise, however, to learn that the first international attempts to prosecute war crimes and crimes against humanity came at the end of the First World War, with trials held at Allied prompting in Turkey and Germany.

European War Crimes Trials: a Bibliography

1952 ◽  
Vol 28 (3) ◽  
pp. 368-368
Author(s):  
B. K.
Keyword(s):  
War Crimes ◽  
War Crimes Trials

The Law of International Criminal Procedure and Domestic War Crimes Trials

2006 ◽  
Vol 6 (4) ◽  
pp. 605-635 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Procedure ◽  
War Crimes ◽  
Specific Context ◽  
National Courts ◽  
International Criminal Tribunals ◽  
War Crimes Trials ◽  
The Law ◽  
Do So

AbstractThis article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance.The article starts with an exploration of the origin and development of the law of international criminal procedure, to reach the conclusion that because of the lack of a strong foundation it is difficult to discern firmly established rules in this field. Next, two areas are examined where the law of international criminal procedure is capable of producing effect for national trials: human rights and rules that have developed in the specific context of war crimes prosecutions.Whether rules of international criminal procedure are formally effective in the domestic legal order remains to be seen. There is no clear obligation under international law to do so. Furthermore, the law of international criminal procedure may be difficult to harmonise with domestic inquisitorial systems.In spite of these difficulties, the article concludes that national courts will increasingly face similar procedural problems in complex war crimes trials as international criminal tribunals and will be happy to learn from their experiences.

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