Michael P. Scharf
Michael P. Scharf
Dean and Joseph C. Hostetler - BakerHostetler Professor of Law
Areas of Expertise: International Law, International Criminal Law, International Human Rights Law, Law of International Organizations, and National Security Law
Articles
Scharf on our Scholarly Commons
Book Chapters
Michael P. Scharf, Joint Criminal Enterprise, the Nuremberg Precedent, and the Concept of "Grotian Moment", in Accountability for Collective Wrongdoing 119 (Tracy Isaacs & Richard Vernon eds., 2010).
Accountability for Collective Wrongdoing by Call Number: KZ7075 .A923 2011ISBN: 9780521176118Publication Date: 2011Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished - and if so, how - or are other remedies available? The topic crosses the borders of law, philosophy, and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations.
Michael P. Scharf, Commentary on the ICTR’s Jurisprudence Concerning Witness Issues, in 2 Annotated Leading Cases of International Criminal Tribunals 249 (Andre Klip & Goran Sluiter eds., 2000).
Michael P. Scharf, Jelisic Judgment of the Yugoslavia Tribunal, in 4 Annotated Leading Cases of International Criminal Tribunals 698 (Andre Klip & Goran Sluiter eds., 2002) (with Greg Lombardi).
Michael P. Scharf, Commentary on Prosecutor v. Furundzija, in 5 Annotated Leading Cases of International Criminal Tribunals 357 (Andre Klip & Goran Sluiter eds., 2003) (with Greg Lombardi).
Annotated Leading Cases of International Criminal Tribunals by Call Number: KZ6310 .A5 1999ISBN: 9050952135Publication Date: 2002This 4th volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for the former Yugoslavia in 1999-2000. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 4)
Michael P. Scharf, Trading Justice for Peace: The Contemporary Law and Policy Debate, in Atrocities and International Accountability: Beyond Transitional Justice 246 (Edel Hughes, William Schabas, and Ramesh Thakur ed., 2000)
Atrocities and International Accountability by Call Number: eBookISBN: 9789280871104Publication Date: 2007Peacekeeping operations have unintended consequences - this fact has long been ignored by both practitioners and researchers. The deployment of a large number of soldiers, police officers and civilian personnel inevitably has various effects on the host society and economy, not all of which are in keeping with the peacekeeping mandate and intent or are easily discernible prior to the intervention. Such unintended consequences are especially serious when they cause harm to the local community, as in the case of sexual abuse and exploitation, corruption or the creation of a false economy. Unintended side-effects can also negatively affect the ability of the peacekeeping mission to achieve its mandate. This book is one of the first attempts to improve our understanding of unintended consequences of peacekeeping operations, by bringing together field experiences and academic analyses. The book investigates unintended consequences of peacekeeping operations on individuals and groups of individuals, on the host society and economy, and on the troop-contributing countries. It also analyses the degree to which the United Nations has tried to manage some of these side-effects, as well as the United Nations' accountability in the context of the international legal framework. The aim of the book is not to discredit peace operations but rather to improve the way in which such operations are planned and managed. The book identifies the need to develop a culture of accountability, which should include institutionalizing processes aimed at anticipating unintended consequences as a routine part of all planning cycles, and the monitoring of effects, including unintended effects, so that steps can be taken to prevent and manage negative side-effects as early as possible.
Michael P. Scharf, The Legacy of the Milosevic Trial, in Bringing Power to Justice? 25 (Joanna Harrington, Michael Milde & Richard Vernon eds., 2006).
Bringing Power to Justice? by Call Number: KZ6311 .B75 2006ISBN: 9780773529670Publication Date: 2006'Bringing Power to Justice?' offers a compilation of fresh perspectives and a comprehensive review of the legal, political, and moral dimensions of the controversy surrounding the ICC.
Michael P. Scharf, Seizing the "Grotian Moment": Application of Joint Criminal Enterprise Liability to the Proceedings of the Cambodia Genocide Tribunal, in Collective Violence and International Criminal Justice: An Interdisciplinary Approach 131 (Alette Smeulers ed., 2010).
Collective Violence and International Criminal Justice by Call Number: K5064 .C65 2010ISBN: 9789400000995Publication Date: 2010Extreme forms of collective violence - such as genocide, crimes against humanity, and war crimes - can endanger international peace and security. The international criminal justice system has been set up in order to prosecute these crimes and thus to restore international peace and security. These crimes are, however, extremely complex social phenomena and it takes an inter- and multidisciplinary approach to understand the true nature of this type of criminality and to effectively prosecute the perpetrators thereof. This book enhances our knowledge of these complex phenomena and thus contributes to a better and more effective system of international criminal justice. Scholars from many different scientific disciplines - such as law, criminology, political science, psychology, research methodology, and information technology - as well as practitioners from within the field, have contributed to this book. General themes include: What kind of people are perpetrators of collective violence? How can we attribute criminal responsibility to individuals for crimes which are collective in nature? How can we study these crimes and how can we discover patterns of violence? What role can statistics play when holding individuals accountable? How do we develop strategies of prosecution? What difficulties do prosecutors and judges face? How important and useful is the International Criminal Court Case Matrix? These are just a few of the many questions addressed in the book.
Michael P. Scharf, Amnesty, in The Encyclopedia of Genocide and Crimes Against Humanity 31 (Dinah Sheltoned ed., 2005).
Encyclopedia of Genocide and Crimes Against Humanity by Call Number: HV6322.7.E532 2005ISBN: 9780028658476Publication Date: 2004-10-29Genocide: the systematic annihilation of a group of people for simply being who they are, whether in ethnic, religious or social terms. It has been with us since the beginning of history. The most widely-studied and catastrophic examples are, however, historically close: the Nazi Holocaust against the Jew, ethnic cleansing in Bosnia, and tribal warfare in Rwanda. Genocide is unfortunately a key feature of the study of world history at nearly every level. The Encyclopedia of Genocide and Crimes against Humanity spans the globe to explain the issues behind crimes against humanity and human rights issues as they relate to individual countries and the world at large. It traces the history of events that qualify as genocide and crimes against humanity, profiles perpetrators and heroes, and explains international laws and law proceedings aimed at ending genocide and crimes against humanity at specific groups or at least punishing those who have committed such crimes.
Michael P. Scharf, Terrorism and Crimes Against Humanity, in Forging A Convention for Crimes Against Humanity 262 (Leila Nadya Sadat ed., 2011) (with Michael A. Newton).
Forging A Convention for Crimes Against Humanity by
Call Number: KZ7180 .F67 2011Publication Date: 2011"Crimes against humanity were one of the three crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a specialized draft convention on crimes against humanity in English and in French, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime"-- Provided by publisher
Michael P. Scharf, An Illusory Fork in the Road to Peace: Justice vs. Accommodation, in The Future of Peace in the Twenty-First Century 763 (Nicholas Kittrie, Rodrigo Carazo & James Mancham eds., 2003) (with Paul R. Williams).
The Future of Peace in the Twenty-First Century by Call Number: OhioLinkISBN: 0890892113Publication Date: 2003Recognizing that the 20th century has seen an escalation of domestic or internal as contrasted with international wars, The Future of Peace addresses war and peace in their broadest definitions, including international conflicts, civil wars, revolutions, rebellions, state violence against citizens, genocide, democide, and terrorist atrocities.
Michael P. Scharf, Jurisdiction with Respect to Crime: Universal Jurisdiction and the Harvard Research, in The Harvard Reserch in International Law: Contemporary Analysis and Appraisal 275 (John P. Grant & J. Craig Barker eds., 2007).
The Harvard Research in International Law by Call Number: KZ1293 .H37 2007ISBN: 9780837730387Publication Date: 2007
Michael P. Scharf, Aut Dedere Aut Judicare (Prosecute or Extradite), in Max Planck Encyclopedia of Public International Law (Rudiger Wolfurm ed., 2008).
Michael P. Scharf, War Crimes and Tribunals, in National Security Law 405 (John Norton Moore & Robert F. Turner eds., 2d ed. 2005)
National Security Law by Call Number: OhioLInkISBN: 1594600236Publication Date: 2005From Homeric gods to galaxies to perspective in painting, Paul Feyerabend reveled in physical and cultural abundance. Struck, however, by the fact that human senses and intelligence can take in only a fraction of these riches, a fraction that limits and shapes our sense of reality, Feyerabend began writing Conquest of Abundance to decry these limitations. Unfinished when he died in 1994, this book represents a new way of thinking for this philosophical genius.
Michael P. Scharf, Enforcement Through Sanctions, Force, and Criminalization, in The New Terror: Facing the Threat of Biological and Chemical Weapons 439 (Sidney D. Drell & Abraham D. Sofaer eds., 1999).
The New Terror by Call Number: UG447.8.N48 1999ISBN: 0817997016Publication Date: 1999The growing threat of biological and chemical weapons (BCW) has created the frightening prospect of terrorist attacks by states, state-sanctioned terrorist organizations, and destructive individuals loose in our midst. What can we do to prepare for this threat? This illuminating and often disturbing book brings together the views of leading thinkers--in science, medicine, international and constitutional law, law enforcement, intelligence, and crisis management--on all diverse aspects of this challenge based on their statements at the November 1998 Hoover Institution Conference on Biological and Chemical Weapons. The New Terror takes a hard look at the most pressing BCW issues facing the international community and realistic options for preventing, deterring against, and mitigating the consequences of the use of BCW.
Michael P. Scharf, International Law Principles on Accountability, in Post-Conflict Justice 89 (M. Cherif Bassio ed., 2002) (with Nigel Rodley).
Post-Conflict Justice by Call Number: K5001.P67 2002ISBN: 1571051538Publication Date: 2002Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.
Michael P. Scharf, The Ad Hoc International Criminal Tribunals: Launching a New Era of Accountability, in Routledge Handbook of International Criminal Law 51 (William Schabas & Nadia Bernaz eds., 2010).
Routledge Handbook of International Criminal Law by Call Number: KZ7230 .R68 2011ISBN: 9780415552035Publication Date: 2010International criminal law has developed extraordinarily quickly over the last decade, with the creation of ad hoc tribunals in the former Yugoslavia and Rwanda, and the establishment of a permanent International Criminal Court. This book provides a timely and comprehensive survey of emerging and existing areas of international criminal law. The Handbook features new, specially commissioned papers by a range of international and leading experts in the field. It contains reflections on the theoretical aspects and contemporary debates in international criminal law. The book is split into four parts for ease of reference: The Historical and Institutional Framework ¿ Sets international criminal law firmly in context with individual chapters on the important developments and key institutions which have been established. The Crimes ¿ Identifies and analyses international crimes, including a chapter on aggression. The Practice of International Tribunals ¿ Focuses on topics relating to the practice and procedure of international criminal law. Key Issues in International Criminal Law ¿ Goes on to explore issues of importance such as universal jurisdiction, amnesties and international criminal law and human rights. Providing easy access to up-to-date and authoritative articles covering all key aspects of international criminal law, this book is an essential reference work for students, scholars and practitioners working in the field.
Michael P. Scharf, The Interstellar Relations of the Federation: International Law and Star Trek: The Next Generation, in Star Trek Visions of Law and Justice 73 (Andre Klip & Goran Sluiter eds., 2002) (with Lawrence D. Robert).
Star Trek Visions of Law and Justice by Call Number: OhioLinkISBN: 9780966808025Publication Date: 2004-09-10Star Trek Visions of Law and Justice weds popular media with academic inquiry, by illustrating the connection between the future world of Star Trek and today’s American and international legal system. Editors Robert H. Chaires and Bradley Chilton collect fourteen articles exploring issues of the legal system, international law, corrections, justice, and equality. Scholars in law, political science, criminal justice, sociology, education, and public administration provide a truly interdisciplinary perspective on the Star Trek universe and how it relates to the real world of law and justice today. Star Trek Visions of Law and Justice is for anyone interested in what the future holds for the American justice system and for fans of Star Trek worldwide. It makes an ideal text to teach students interdisciplinary academic concepts using a familiar, popular media phenomenon.
Michael P. Scharf, The United States and the International Criminal Court: An Overview, in The United States and the International Criminal Court: National Security and International Law 1 (Sarah B. Sewall & Carl Kaysen eds., 2000) (with Sarah B. Sewall and Carl Kaysen).
Michael P. Scharf, Justice versus Peace, in The United States and the International Criminal Court: National Security and International Law 179 (Sarah B. Sewall & Carl Kaysen eds., 2000).
Michael P. Scharf, The ICC's Jurisdiction over the Nationals of Non-Party States, in The United States and the International Criminal Court: National Security and International Law 213 (Sarah B. Sewall &Carl Kaysen eds., 2000).
The United States and the International Criminal Court by Call Number: KZ6310 .U55 2000ISBN: 0742501345Publication Date: 2000American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.
Michael P. Scharf, UN Mandates: The Letter of the Law, in With No Peace to Keep…: United Nations Peacekeeping and the War in the Former Yugoslavia, 34 (Ben Cohen & George Stamkoski eds., 1995)
With No Peace to Keep…: United Nations Peacekeeping and the War in the Former Yugoslavia by ISBN: 0952711400Publication Date: 1995
Books
Balkan Justice by Call Number: KZ1203.T33 S33 1997ISBN: 0890899193Publication Date: 1997"Balkan Justice provides the inside story of the United Nations' Yugoslavia War Crimes Tribunal, charged with conducting the first international war crimes trials since World War II. The pages are filled with behind-the-scenes information gleaned from the author's days as an official at the U.S. Department of State and from subsequent interviews with the key players involved in this international judicial drama." "The first part of the book details how the tribunal barely survived attempts by the major powers first to block the collection of evidence, then to delay the selection of a prosecutor, and finally to starve the tribunal of funding. From investigation to judgment, the second part recounts the initial case to be tried before the tribunal - that of Dusko Tadic, a Bosnian Serb pub owner accused of murdering a dozen people, beating and torturing scores of his Muslim former neighbors, and raping several young girls ... all in the name of "ethnic cleansing."" "Billed by the international media as "the trial of the century," the Tadic case was punctuated by gripping testimony of atrocities, controversial judicial rulings, recanting star witnesses, and performances worthy of an Academy Award. What emerges is a compelling account of the historic trial which documented the full horror of the inhuman acts committed in the former Yugoslavia."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Criminal Jurisdiction 100 Years after the 1907 Hague Peace Conference by Call Number: OhioLinkISBN: 9789067042802Publication Date: 2009We have taken note with considerable admiration and satisfaction the completion of the manuscript of this book. It contains the proceedings of the highly successful Joint Conf- ence of the American Society of International Law and the Netherlands Society of Int- national Law, entitled Criminal Jurisdiction 100 Years Afer the 1907 Hague Peace Conference. Our Hague Joint Conferences have increasingly come to serve as the main transatlantic meeting place and forum of debate of international lawyers, including both practitioners and academics. As such they play a useful role in promoting mutual und- standing and international co-operation. It proved to be highly relevant to commemorate the Second Hague Peace Conf- ence of 1907 and discuss its contemporary relevance. Whereas international criminal jurisdiction as such was not yet a topic at that time, the 1907 discussions were in ret- spect already highly relevant to it. Te Second Hague Peace Conference resulted in a major revision of the 1899 Convention on the Pacifc Settlement of International Disputes, a Declaration on obligatory arbitration, a Draf Convention for the Creation of a Court of Arbitral Justice (efectively the frst draf of what would become the Statute of the Permanent Court of International Justice), a Convention on the Creation of an International Prize Court (which as a result of a lack of ratifcations never came into being) and a series of other conventions, declarations and regulations concerning naval and land warfare.
Customary International Law in Times of Fundamental Change by Call Number: KZ1277 .S33 2013ISBN: 9781107035232Publication Date: 2013This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
Enemy of the State by Call Number: KMJ41.H87 N49 2008ISBN: 9780312385569Publication Date: 2008On October 19, 2005, Saddam Hussein was let into the courtroom of the Iraq High Tribunal in Baghdad for one of the most important and chaotic trials in history. This title goes behind behind the scenes at the mother of all trials with the U.S. law professors who set it up.
The Founders by Call Number: KZ7230 .F68 2018ISBN: 9781108424165Publication Date: 2018The Balkan Wars, the Rwanda genocide, and the crimes against humanity in Cambodia and Sierra Leone spurred the creation of international criminal tribunals to bring the perpetrators of unimaginable atrocities to justice. When Richard Goldstone, David Crane, Robert Petit, and Luis Moreno-Ocampo received the call - each set out on a unique quest to build an international criminal tribunal and launch its first prosecutions. Never before have the founding International Prosecutors told the behind-the-scenes stories of their historic journey. With no blueprint and little precedent, each was a path-breaker. This book contains the first-hand accounts of the challenges they faced, the obstacles they overcame, and the successes they achieved in obtaining justice for millions of victims.
Henry T. King by Call Number: KF373.K498 S33 2011ISBN: 9781611630381Publication Date: 2011-08-01In his nine decades on the planet, the late Henry T. King, Jr., served as a Prosecutor at Nuremberg, Legal Adviser of the Marshall Plan, Chief Corporate International Counsel for TRW, Chairman of the American Bar Association's International Law Section, Professor of Law at Case Western Reserve University, Delegate to the Rome Diplomatic Conference on the Establishment of the International Criminal Court, and Honorary Consul of Canada. In his final work, Professor King shares insights about his life's extraordinary journey, the history of international accountability for war crimes, and his philosophy of peace through justice. The book includes a Foreword by Professor King's son, best-selling novelist Dave King, as well as personal reflections about Professor King by prominent international prosecutors, government officials, and academic colleagues.
An Insider's Guide to the International Criminal Tribunal for the Former Yugoslavia by Call Number: KZ1203.A165 1995ISBN: 0941320928Publication Date: 1995The scholarly significance of the book is understated by the use of the word "guide" in the title. . . . This is much more than a guide to the Hague Tribunal. It is an in-depth treatment of the creation and functioning of this important new court. Lt. Col. H. Wayne Elliott, The Journal of National Security Law, Vol. 1, No. 1 This definitive "insider's view" of the Statute and its Rules of Procedure and Evidence takes into account existing international law and practice, the proposals submitted by states and organizations, and the views expressed by members of the Security Council in adopting the Statute. The text also places the International Tribunal in its historical context as the first international criminal tribunal created since the 1945 Nuremberg and Tokyo Tribunals, and as a major achievement in the UN's long-standing project of an international regime of criminal law. Published under the Transnational Publishers imprint.
International Criminal Justice by Call Number: K5001 .I58 2012ISBN: 9781781005590Publication Date: 2012International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives.While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study.This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.- International Criminal Law: Cases and Materials byCall Number: K5000.I6747 1996ISBN: 0890898944Publication Date: 1996
International Criminal Law: Cases and Materials (2nd ed) by Call Number: K5000 .I58 2007ISBN: 9781594602474Publication Date: 2006The third edition has been significantly updated, especially to reflect case trends in the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity), as well as developments and issues with respect to creation of the new permanent International Criminal Court. Some chapters have been deleted and some materials have been cut back to include new materials for a more manageable book.- International Criminal Law: Cases and Materials (3rd ed) by Call Number: K5000 .I58 2007ISBN: 9781594602474Publication Date: 2007The third edition has been significantly updated, especially to reflect case trends in the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity), as well as developments and issues with respect to creation of the new permanent International Criminal Court. Some chapters have been deleted and some materials have been cut back to include new materials for a more manageable book.
International Criminal Law: Cases and Materials (4th ed) by Call Number: K5000 .I6747 2013ISBN: 9781594609053Publication Date: 2013The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity). Some of the chapters have new sub-subtitles and relevant domestic cases have been added or noted in various chapters. There are also additions to the Documents Supplement.
The Law of International Organizations by Call Number: KZ4986.S35 2001ISBN: 0890899460Publication Date: 2001
The Law of International Organizations (2nd ed) by Call Number: KZ4986 .S35 2007ISBN: 9781594603020Publication Date: 2007This problem-oriented coursebook is designed to expose students to the most significant current legal issues relating to international organizations in a stimulating format. Each chapter begins with a role-playing exercise or simulation in the form of an introductory problem, which places the subsequent material in an exciting and realistic context. The Second Edition updates all of the existing chapters, and adds new chapters addressing organizations not covered in the First Edition, including the World Trade Organization, the International Monetary Fund, the World Bank, and Interpol. In addition, it focuses on timely new issues, including the legality of the 2003 US invasion of Iraq, protection of cultural property and artifacts, and balancing human rights and national security in the context of the war on terrorism.The book covers issues relevant to many kinds of international organizations, focusing mainly on international organizations that are within the U.N. system, including the U.N. Secretariat, General Assembly, Security Council, Sanctions Committee, Credentials Committee, International Court of Justice, Human Rights Commission, International Financial Institutions, and International Criminal Tribunals. Scharf addresses such issues as political obstacles to the effective functioning of international organizations, interpretation of the Charters and regulations governing international organizations, questions of financing, credential challenges, succession problems, privileges and immunities disputes, efforts at Security Council reform, application and interpretation of U.N. sanctions resolutions, U.N. peacekeeping controversies, the issue of humanitarian intervention, and the role of international law in U.N. organized peace negotiations.
The Law of International Organizations (3rd ed) by ISBN: 9781594609077Publication Date: 2013This popular casebook exposes students to the most significant current legal issues relating to international organizations in a stimulating format, employing debates, simulations, and role-play exercises. The chapters cover international organizations related to peace and security, human rights, the environment, and the global economy, both within and outside of the UN system. The third edition updates all of the existing chapters, and adds new chapters addressing the role of international organizations in matters of humanitarian intervention, self-determination, and nuclear nonproliferation.
The Legacy of Ad Hoc Tribunals in International Criminal Law by Call Number: OhioLinkISBN: 9781108417389Publication Date: 2019In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.- Peace with Justice? byCall Number: DR1318 .W55 2002ISBN: 0742518558Publication Date: 2002Resolving the Yugoslav conflict was the last great foreign policy challenge of the 20th century. In this work, two former State Department lawyers, Paul Williams and Michael Scharf, undertake to tell the warts and all story of the role of justice in building peace in the former Yugoslavia. During the conflict, Serb leader Slobodan Milosevic was transformed from a key partner in peace to an indicted war criminal. But the road from accommodation to accountability in the Balkans was anything but smooth. Based on their personal experience, research and interviews with key players in the Yugoslav peace-building process, Williams and Scharf provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. All too often human rights and peace advocates treat justice as a panacea for conflict and atrocities, while self-proclaimed realists and professional diplomats dismiss justice as an impediment to peace.
Prosecuting Maritime Piracy by Call Number: eBookISBN: 9781139962988Publication Date: 2015This 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.
Saddam on Trial by Call Number: KMJ41.H87 S23 2006ISBN: 9781594603044Publication Date: 2006Saddam Hussein. Derided as "the Butcher of Baghdad," he was charged with the mostserious crimes known to mankind. On October 19, 2005, the ruthless Iraqi leader andseven of his henchmen began a legal battle of epic proportions, with their lives literally in the balance. The first of several planned trials before the Iraqi High Tribunal focused onthe destruction of the town of Dujail and the torture and murder of its inhabitants in retaliation for a 1982 failed assassination attempt.Billed by the international media as "the real trial of the century," the televised proceedings were punctuated by gripping testimony of atrocities, controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances.Was it a mistake to try Saddam in Baghdad before a panel of Iraqi judges? Was the Iraqi High Tribunal a legitimate judicial institution? Were the proceedings fundamentally fair? Did the judges react properly to the defendants' attempts to derail the proceedings? Did the Prosecution prove its case? Did Saddam have any valid defenses? What precedents did this extraordinary trial set?Saddam on Trial: Understanding and Debating the Iraqi HighTribunal provides the reader with a thorough understanding of these and a host of other issues related to the Saddam Trial. The text offers a series of essays, in which leading international and criminal law experts discuss and debate more than thirty discrete questions raised by the trial. The book also includes a psychological profile of Saddam Hussein, a chronology of events related to the charges, a glossary of key legal terms, a synopsis of the charges and applicable law, a summary of the evidence and testimony, an analysis of the judgment, and English translations of the Tribunal's Statute, Rules, and other relevant instruments.Saddam on Trial is designed for law students, undergraduates, academics, journalists, and general readers. The book will be useful as a supplement for any law school course on International Law, International Criminal Law, International Humanitarian Law, or National Security Law. It is also suitable for undergraduate Foreign Relations, Public Policy, or Criminal Justice courses. An accompanying Teacher's Guide contains suggested questions and answers, debates, simulations, and role play exercises designed to facilitate use of the book as a teaching tool.
Shaping Foreign Policy in Times of Crisis by Call Number: KF4581 .S33 2010ISBN: 9780521766807Publication Date: 2010Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.
Slobodan Milosevic on Trial by Call Number: KZ1203.M55 S33 2002ISBN: 0826414117Publication Date: 2002From 1991 to 1999, Slobodan Milosevic launched and ultimately lost four Balkan wars, resulting in the deaths of hundreds of thousands and the displacement of millions. He saw himself as a modern day Abe Lincoln, employing force in a valiant effort to hold his crumbling Yugoslavia together. But the ruthless Serb leader's tactics included systematic war crimes and ethnic cleansing, ultimately prompting the U. S. and its NATO allies to launch a controversial military intervention in the spring of 1999 to halt the bloodshed.Now Milosevic is on trial in The Hague before the United Nations-created International War Crimes Tribunal. He is the first former head of state ever to face international justice. The televised trial of Slobodan Milosevic is expected to last for two years and could well prove to be the most watched criminal proceedings since the trial of O. J. Simpson.There is much the public will want to know about this historic and complex trial. Written in a lively, journalistic style by two of the leading experts on the International War Crimes Tribunal, Slobodan Milosevic on Trial: A Companion is designed to inform the reader about what to watch for, who the players are, what the rules are, who has won in the past, and who is likely to win this time. Complete with maps, photos, and a glossary of legal terms, this comprehensive guide to the Milosevic trial will help the public understand the important and complex proceedings taking place in The Hague.
The Syrian Conflict's Impact on International Law by Call Number: KZ6795.S97S33 2020ISBN: 9781108491532Publication Date: 2020Written as the decade-long Syria conflict nears an end, this is the first book-length treatment of how the Syrian war has changed international law. In The Syrian Conflict's Impact on International Law, the authors explain the history of the current conflict in Syria and discuss the principles and process of customary international law formation and the phenomenon of accelerated formation of customary international law known as Grotian Moments. They then explore specific examples, including how use of force against ISIS in Syria has changed the law of self-defense against non-state actors, how the allied airstrikes in response to Syria's use of chemical weapons have changed the law of humanitarian intervention, and others. This book seeks to contribute both to understanding the concept of accelerated formation of customary international law and the specific ways the Syria conflict has led to development of new norms and principles in several areas of international law.
The Theory and Practice of International Criminal Law by Call Number: K5000 .T49 2008ISBN: 9789004166318Publication Date: 2008Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.
