The Paris Peoples' Tribunal and the Istanbul Trials: Archives of the Armenian Genocide

2016 ◽  
Vol 29 (1) ◽  
pp. 245-268 ◽  
Author(s):  
GABRIELLE SIMM
Keyword(s):  
International Law ◽  
War Crimes ◽  
Armenian Genocide ◽  
History And Memory ◽  
International Courts ◽  
The Past ◽  
War Crimes Trials ◽  
The Relationship

AbstractThe decisions of international courts and tribunals affect how we read history. Alternative tribunals, such as peoples’ tribunals, attempt to write alternative histories to counter the official versions. This article locates controversies over the Armenian genocide in debates about the relationship between history and international law. It considers ways of reading archives and the role of archives in informing those debates. It compares the Istanbul war crimes trials held in 1919–1920 before the Ottoman Military Tribunals with the Paris session of the Permanent Peoples’ Tribunal held in 1984 that dealt with questions of history and memory through the juridical format of a hearing. A century after the events of 1915, the contested historiography of the Armenian genocide influences how international lawyers and historians seek to pass judgment on the past.

Equity in Arbitration and in Judicial Settlement of Disputes

1993 ◽  
Vol 6 (2) ◽  
pp. 323-329 ◽  
Author(s):  
Judge Manfred Lachs
Keyword(s):  
International Law ◽  
General Assembly ◽  
Type I ◽  
International Courts ◽  
The Past ◽  
Un General Assembly ◽  
Similarities And Differences ◽  
Settlement Of Disputes ◽  
Recommended Action

Much has been written on the similarities and differences between arbitration tribunals and international courts; much more could and will certainly be written in the future. The purpose of my comments is to define similarities and differences in regard to the role of equity in both. However, I hope to enter the caveat at the very outset that in this paper I will focus solely on the role of equity in cases where the decision is to be based on international law. Accordingly, I will not here discuss cases of the type I had in mind when I pointed out in a speech delivered 34 years ago to the Legal Committee of the UN General Assembly that “[t]he arbitral solution has been applied in the past to a variety of problems, some of which were not judicial in character and did not raise issues of law”. Nor will I now discuss arbitrations in which the parties have agreed that the arbitrators need not be guided by law, or where the arbitral tribunal is expressly authorized by the parties to decide ex aequo et bono and thereby to settle the matter in a liberal spirit without regard to legal requirements and technicalities. Thus, cases in which the arbitrators have been empowered to seek mutual accommodations that would give offense to neither party are outside the scope of this discussion, as are cases where arbitrators recommended action by one of the parties as an act of grace.

‘Experts in truth?’: the politics of retribution in Italy and the role of historians

Modern Italy ◽  
2010 ◽  
Vol 15 (3) ◽  
pp. 349-363 ◽  
Author(s):  
Paolo Pezzino
Keyword(s):  
War Crimes ◽  
Professional Skills ◽  
The Past ◽  
Starting Point ◽  
War Crimes Trials ◽  
Personal Experiences ◽  
Expert Consultant ◽  
The One ◽  
Judicial Procedure

There have been many reflections on the relations between the judge and the historian which have concentrated on the differences between these two figures: but what happens in cases where an historian collaborates openly with a judge as an expert consultant? What happens when an investigative office, or a court, asks an historian to reconstruct an event which is subject to a judicial procedure, or when he or she has to pronounce the ‘last word’ on an event or a document? Or, in another possible scenario, what happens when a community asks an historian to pronounce on what happened in the past, in order to ascertain which, between two contesting memories of the representation of an event, is the one which corresponds to what ‘really happened’? In these cases historians are sought out to establish the truth–their professional skills as ‘truth experts’ are called upon. And there is an extraordinary faith that the truth will be discovered. The author reflects on these issues, using as a starting point his own personal experiences as a consultant in some recent Italian war-crimes trials.

Justice & Memory: South Africa's Constitutional Court

Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 168-178 ◽  
Author(s):  
Kate O'Regan
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Practice ◽  
New Order ◽  
Constitutional Court ◽  
History And Memory ◽  
The Past ◽  
Law And Justice ◽  
The Relationship

In a society such as South Africa in which the past has been deeply unjust, and in which the law and judges have been central to that injustice, establishing a shared conception of justice is particularly hard. There are four important strands of history and memory that affect the conception of justice in democratic, post-apartheid South Africa. Two of these, the role of law in the implementation of apartheid, and the grant of amnesty to perpetrators of gross human rights violations, are strands of memory that tend to undermine the establishment of a shared expectation of justice through law. Two others, the deeprooted cultural practice of justice in traditional southern African communities, and the use of law in the struggle against apartheid, support an expectation of justice in our new order. Lawyers and judges striving to establish a just new order must be mindful of these strands of memory that speak to the relationship between law and justice.

Conclusion

2018 ◽  
Author(s):  
Guy Beiner
Keyword(s):  
Oral History ◽  
Transitional Justice ◽  
The Political ◽  
History And Memory ◽  
The Past ◽  
Post Conflict ◽  
The Right ◽  
The Relationship

An understanding of the historical dynamics of social forgetting can be learned from the detailed case study of the vernacular historiography of the 1798 Rebellion in Ulster. It has far-reaching implications for a more meaningful appreciation of the relationship between history and memory. The political impasse in post-conflict Northern Ireland, which has stumbled over disagreements on ‘dealing with the past’ in the context of finding acceptable arrangements for transitional justice, could benefit from showing more sensitivity, not only to the role of oral history storytelling, but also to ingrained traditions of ‘vernacular silence’ that perpetuate social forgetting. A brief inspection of some prominent twentieth-century examples demonstrates the wider relevance of studying social forgetting. In today’s digital age, explorations of social forgetting suggest new possibilities for reconciling conflicts between an inner duty to remember and the right to be outwardly forgotten.

Reflections on the Past, Present, and Future of IUU Fishing under International Law

2020 ◽  
Vol 22 (3-4) ◽  
pp. 368-376
Author(s):  
Nilufer Oral
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transnational Crime ◽  
Current Status ◽  
International Courts ◽  
The Past ◽  
Iuu Fishing ◽  
Management And Conservation ◽  
Institutional Process

Abstract The present brief contribution reflects on the evolution of IUU fishing, its current status, and possible future pathways to prevent, deter, and eliminate this practice. IUU fishing not only presents a question of management and conservation, but also entails serious human rights and transnational crime components. From these perspectives, this paper concludes that IUU fishing must be addressed through a multi-regime and multi-institutional process requiring the involvement of many stakeholders, including non-State actors. In particular, the effective settlement of IUU fishing disputes requires enhancing the role of international courts and tribunals as part of this process.

Justice and the faithless: The demand for disobedience in international criminal law

2017 ◽  
Vol 24 (2) ◽  
pp. 344-366
Author(s):  
Bronwyn Leebaw
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Legal Reasoning ◽  
War Crimes ◽  
International Criminal Law ◽  
Political Agency ◽  
Politics Of Memory ◽  
War Crimes Trials

How is disobedience required under international criminal law? How do war crimes trials demand and seek to cultivate disobedience as a response to atrocity? It is widely recognized that international law may require disobedience as a response to domestic authorities that order or legalize war crimes, yet this obligation to disobey is commonly conceptualized as a kind of byproduct of efforts to establish compliance with international norms. Drawing on empirical and theoretical scholarship analyzing “crimes of obedience,” this article investigates the demand for disobedience as articulated in international legal conventions and in war crimes trials dealing with lower-level soldiers and civilian authorities. It argues that disobedience is an important response to war crimes and that the capacity to disobey abusive authorities does not follow logically or inevitably from a commitment to obey laws that criminalize their abuses. In international criminal law, the obligation to disobey abusive authorities has been articulated in ways that require the exercise of critical judgment, as well as moral and political agency, in order to overcome various pressures to obey domestic authority. Prominent theoretical explanations of compliance with international law not only neglect the importance of such skills, but call for strategies that are in tension with their development. Closer attention to the role of exemplary disobedience in the legal reasoning animating war crimes prosecutions, I suggest, could strengthen the pedagogical role of legal institutions as a response to criminal obedience and as interventions in the politics of memory.

A literature review on firms' internationalisation through e-commerce

2019 ◽  
pp. 121-143
Author(s):  
Riccardo Resciniti ◽  
Federica De Vanna
Keyword(s):  
Systematic Review ◽  
Literature Review ◽  
International Business ◽  
Decision Process ◽  
Foreign Markets ◽  
New Markets ◽  
Integrative Framework ◽  
The Past ◽  
The Relationship

The rise of e-commerce has brought considerable changes to the relationship between firms and consumers, especially within international business. Hence, understanding the use of such means for entering foreign markets has become critical for companies. However, the research on this issue is new and so it is important to evaluate what has been studied in the past. In this study, we conduct a systematic review of e-commerce and internationalisation studies to explicate how firms use e-commerce to enter new markets and to export. The studies are classified by theories and methods used in the literature. Moreover, we draw upon the internationalisation decision process (antecedents-modalities-consequences) to propose an integrative framework for understanding the role of e-commerce in internationalisation

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.

A Typology of International Judicial Practices

2018 ◽  
Author(s):  
Jeffrey L Dunoff ◽  
Mark A Pollack
Keyword(s):  
International Law ◽  
Practice Theory ◽  
Third Parties ◽  
International Courts ◽  
Everyday Practices ◽  
The Everyday ◽  
Judicial Opinions

This chapter discusses the inner working of ICs, such as the drafting of judicial opinions; practices concerning separate opinions; the role of language and translation; and the roles of third parties. It also presents a preliminary effort to identify and examine the everyday practices of international judges. In undertaking this task, the authors draw selectively upon a large literature on ‘practice theory’ that has only rarely been applied to international law in general or to international courts in particular. A typology and synoptic overview of practices is presented.

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