Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law.

In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.

Exploring the evolution and operation of the international criminal justice system and highlighting the influences of politics, this book takes the reader behind the scenes of the conflict between justice and realpolitik.

Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.

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.

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective—that of an anarchical international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of universal jurisdiction, Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.

ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International 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.

Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.

Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.