Crimes Against Humanity: The Struggle for Global Justice

Front Cover
The New Press, Feb 5, 2013 - Political Science - 864 pages
When it was first published in 1999, Crimes Against Humanity called for a radical shift from diplomacy to justice in international affairs. In vivid, non-legalese prose, leading human rights lawyer Geoffrey Robertson made a riveting case for holding political and military leaders accountable in international courts for genocide, torture, and mass murder.

Since then, fearsome figures such as Charles Taylor, Laurent Gbagbo, and Ratko
Mladic´ have been tried in international criminal court, and a global movement has rallied around the human rights framework of justice. Any such legal framework requires constant evolution in order to stay relevant, and this newly revised and expanded volume brings the conversation up to date. In substantial new chapters, Robertson covers the protection of war correspondents, the problem of piracy, crimes against humanity in Syria, nuclear armament in Iran, and other challenges we are grappling with today. He criticizes the Obama administration's policies around “targeted killing” and the trials of Khalid Sheik Mohammed and other “high value” detainees. By rendering a complex debate accessible, Robertson once again provides an essential guide for anyone looking to understand human rights and how to work toward a more complete blueprint for justice.
 

Contents

Bring on The Diplomats
421
The Law Takes its Course
424
The Pinochet Precedent and The ICJ
435
9 The Balkan Trials
446
Establishing The ICTY
448
THE LEGAL BASIS OF The ICTYand ICTR
451
How The ICTY Operates
460
The Tadic ́ Case
469

2 The Postwar World
49
Thirty Inglorious Years
51
The Human Rights Commission and Council
60
The Human Rights Committee System
70
Some Enforcement At Last
80
Realpolitik Rules OK
90
The Srebrenica Question
102
3 The Rights of Humankind
108
Making Human Rights Rule
110
International Crimes and The Rule Against Retrospectivity
121
The Statute of Liberty
125
Safety of The Person
131
Individual Freedoms
138
The Right to Fairness
149
Judicial Independence
160
Peaceful Enjoyment of Property
169
4 Twentyfirst Century Blues
175
Freedom From Execution
176
Death Penalty Safeguards
182
Minority Cultural and Indigenous Rights
195
SelfDetermination
207
The Question of Palestine
216
Economic and Social Rights
220
Labour Rights as Human Rights
229
The Duties of Multinational Corporations
232
A Right to Democracy?
239
5 War Law
246
In Search of The Just War
251
The Geneva Conventions
256
Good Conventions
266
The Dogs of War
288
War Reporting
291
Child Soldiers
298
6 An End to Impunity?
301
International Crimes
302
The Nazi Leaders
306
The Trial
309
Judgment Day
313
Nuremberg and Tokyo
316
Towards Universal Jurisdiction
324
The Nuremberg Legacy
342
7 Slouching Towards Nemesis
351
Out of This Blackness
354
The Duty to Prosecute
359
The Limits of Amnesty
367
Amnesties in International Law
372
Truth Commissions and Transitional Justice
383
The Case for Retribution
398
8 The Case of General Pinochet
404
An Arrest in Harley Street
406
The State in International Law
412
Sovereign Immunity
414
Individual Responsibility
476
The Rwanda Tribunal ICTR
483
The MiloŠevic ́ Trial
486
KaradŽic ́ Mladic ́ and The ICTY Legacy
495
10 The International Criminal Court
502
The Politics
503
The Statute
508
International Crimes
512
Criminal Law Principles
522
The Court
525
The Trial
532
The Aftermath
546
The ICC ten years on
550
11 Justice in Demand
560
Lessons From Sierra Leone
563
The Killing Fields of Cambodia
574
Long Ago and Far Away
580
The Case of East Timor
584
Trials of The Arab Spring
595
The Lebanon Tribunal
602
Syria Lethal Force and The Right to Protest
603
911 and Beyond
608
Enemies of Humankind?
610
Making War Means Making Law
614
SelfDefence
619
The Road to Guantanamo Bay
628
Targeted Killings
640
Fair Trials for International Terrorists?
656
The Crime of Terrorism
668
The Case ofSaddam Hussein
676
Give War a Chance
681
The Bush Doctrine and Beyond
691
Regime Change
697
The Occupation of Iraq
705
Abu Ghraib
708
The Trial of Saddam Hussein
720
Bombingfor Humanity
728
The Right of Humanitarian Intervention
733
We Bombed in Kosovo
745
Just War
755
The Responsibility to Protect
760
The Gaddafi Precedent
767
The Aftermath Laurent Gbagbo
780
Epilogue
784
Notes
804
Human Rights in History
852
Universal Declaration of Human Rights
861
Ratifications of Human Rights Conventions
868
Excerpts from the Rome Statute of the International Criminal Court
870
Excerpts from the Charter of the United Nations
883
Index
889
Copyright

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About the author (2013)

Geoffrey Robertson was the first president of the Sierra Leone Special Court (which indicted Charles Taylor) and has delivered important rulings on the illegality of recruiting child soldiers and the invalidity of amnesties. He was appointed as a distinguished jurist member of the UN's Justice Council in 2008, and he acted for Human Rights Watch in the Pinochet case. His clients have ranged from Salman Rushdie to Mike Tyson, and he is currently defending Julian Assange. Robertson lives in London.

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