... avoided because ofthe con-sent ofthe State of Japan to war crimes trials in the Instrument of Surrender. The focus at Tokyo was instead upon the extent ofthe scope of that consent and whether the ... Nadya Sadat is the Henry H. Oberschelp Professor ofLaw and Director ofthe Whitney R. Harris World Law Institute at the Washington University School ofLaw (USA). The author of more than 50 ... Alternatively, there may be something positive—something that may be useful today in the revival of international criminal law. Background The Tokyo Trial was the Allied response to Japan’s invasion of...
... invited to address their topics in a mannerwhich would be accessible tothe public, and whichwould trace developments from the Nurembergproceedings tothe establishment ofthe International Criminal ... wellas a discussion ofthe Statuteof the International Criminal Court and the role of nationalcourts, and offers a challenging insight into the future of internationalcriminal justice.This ... andcomplementarity: from the Nuremberg trials tothe dawn of the new InternationalCriminal Court 30 3 After Pinochet: the role of nationalcourts 68 4 The drafting ofthe Rome...
... emergence of a secular natural law the natural law which was proclaimed tobethe basis ofthe new inter-national law is coeval with his resolution ofthe problem ofthe legalstatus ofthe Indian, ... con-tribution towards the writing of alternative histories ofthe discipline:histories of resistance to colonial power, history from the vantage point of the peoples who were, in many ways, the victims of ... what may be required is the telling of alternative histories histories of resistance to colonial power,history from the vantage point ofthe peoples who were subjected to international law and...
... from the large majority of other states that voted to adopt the Rome Statute ofthe Court, in partic-ular the role ofthe Security Council, the powers ofthe prosecutor, the questions of jurisdiction ... politics ofinternationallaw international law. The end ofthe Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism, and the regulatory im-peratives of globalisation ... that leave them ill-equipped to comprehend issues as funda-mental as the expanding corpus ofinternational law, the obligatory force of that law, the way in which the weak can employ thelaw as...
... will also beof assistance tothe growing body of nationallawyers engaged in the practice ofinternationalcriminallaw before domesticcourts. As the Rome Statute oftheInternationalCriminal ... The jurisprudence of other tribunals is not, however, ignored. Thelaw of Nuremberg and Tokyo features prominently, and thelaw and structures of the other international or internationalised tribunals – the ... concerned with the penal responsibility of individuals,2and articulating the core crimes which were tobethe concern of the tribunal,3 the Statute oftheInternationalCriminal Tribunal for the Prosecution...
... June1977 tothe Geneva Conventions of 12 August 1949, Section II: ProtocolAdditional tothe GenevaConventions of 12 August 1949, andrelating tothe Protection of Victims of Non -International ... January 1976ICJ International Court of JusticeICJ Reports Reports oftheInternational Court of JusticeICLQ International and Comparative Law QuarterlyICRC International Committee ofthe RedCrossICRC ... Commentary to AP I J. Pictet et al.(eds.), Commentary on the Additional Protocols of 8 June1977 tothe Geneva Conventions of 12 August 1949, Section I: ProtocolAdditional tothe GenevaConventions of...
... much as of customary law. In the context of the discussion ofthe processes ofinternational law- making and hence of the sources or identification of its norms, the question ofthe kind of norms created27See ... so-called law of treaties, but also of customary law with conditions of customary law- making)and the existence of a rule of recognition (by reference tothe customary nature of Article 38 ofthe ICJ ... samantha besson & john tasioulasprovinces oflaw such as criminal law, contract law, and thelawof torts, or spe-cific types of law, such as municipal state law, judge-made law, and customary law. 2The...
... fundamental theoretical issues confronting the discipline and tothe enduring significance of Vitoria’s thinking on the lawof war and on the rights of dependent peoples.6Vitoria’s two lectures, as their ... colonial origins ofinternational law; I attempt, furthermore, to show how these origins create a set of structures that continually repeat themselves at variousstages in the history ofinternational ... de Vitoria and the Colonial Originsof Inter-national Law , 5(3) Social and Legal Studies,321 336 (1996); ‘Franciscode Vitoria and the Colonial OriginsofInternationalLaw , in Laws of the...
... considering the place of international law among the sciences’,57and international lawyers ofthe periodinvariably refer tothe ‘science’ ofinternational law. 58 The positivist self-image of being ... from them to interfere with the peace and well-being of the aborigines, the latter nevertheless persist in their hostility and do theirbest to destroy the Spaniards, they can make war on the ... justification of their conquest precisely because it ispresented in the language of liberality and even equality. Vitoria con-tinuously alludes tothe theme ofthe novelty ofthe discovery of the Indians:...
... the membership ofthe family of nations.85 The tribes remain outside the realm ofinternational law, not so muchbecause they lack sovereignty, but because they are wanting in the other characteristics ... attempts to exclude the African from the conference, however, the identity ofthe Africannative became the central preoccupation of its deliberations over the question of systematizing territory. ... ofthe central Africananother International Persons and subjects ofInternational Law. ’ Oppenheim, International Law, p.110.Seeibid., pp. 154 156.85Lawrence, The Principles ofInternational Law, p.58.76...