The Genesis of the International Criminal Court

This work analyzes the practice of the International Criminal Court (ICC) as the most ambitious project aimed at combating and preventing mass violations of human rights in inter-and intrastate conflicts. Sure thing, such an institution has not emerged from anywhere, but it is the culmination in the progress of international criminal law evolution. That is why the progress that was made over the centuries and historical conditions forcing its establishment cannot be ignored. This article studies the formation of the International Criminal Court through the prism of the history of previous models of judicial bodies bringing to justice war criminals. Moreover, it analyses the historical conditions and international debates around the establishment of a permanent international criminal court. Conclusions focus on the problems that arose during the establishment of the ICC, and the ways in which they affect ICC activities nowadays.

An Age-Old Question: Optical (A)llusions, (In)Decency, and (In)Justice in the Trial of Japanese War Criminals

Timing complicates all dimensions of post conflict redress. Moving too fast suggests prejudice. Going too slow delays accountability and closure. This paper challenges the temporal logic of international justice. The prosecution of aged defendants created aesthetical dilemmas for war crimes operations in post-World War ii Asia. The unsettling optical allusions of frail perpetrators in court — shadows of their former selves — left many observers conflicted: it looked indecent, it felt unjust and underwhelming. The unseemly punishment of weak defendants undercut prosecution attempts to brand perpetrators as monsters. Disappointed reporters and trial authorities fixated on the shabby dress, waning physique, and benign senescence of once-sinister villains. Few questioned the accused’s guilt. Many felt unnerved by the optics. Ultimately, this paper shows how the staging and performance of justice impacts a court’s effectiveness. Unrelenting accountability, bringing all war criminals to justice, feels right. Yet, the aesthetic complications of prosecuting aged accused may not be worth it.

Nuremberg: Procedural due process at the International Military Tribunal

<p>For over sixty years, lawyers and historians have discussed the credibility and repercussions of the Nuremberg Trial (1945–1946). This paper argues that the defendants’ procedural due process rights were partially protected at Nuremberg, although there were gross breaches of particular fundamental due process rights. The Nuremberg Trial at the International Military Tribunal was conducted by the four Allied Powers to try the upper echelon Nazi war criminals following the Second World War. The London Charter, drafted by the Allies, outlined the trial procedure to be adopted, and provided certain guarantees in attempt to secure a fair trial for the twenty-two defendants. This paper examines the history of fundamental due process rights (recognised in both continental Europe and common law jurisdictions) and analyses the extent to which these rights were breached at Nuremberg. This paper further argues that despite the defendants being afforded more rights than they could have expected given the circumstances, such breaches significantly compromised the integrity of the trial.</p>

Nuremberg: Procedural due process at the International Military Tribunal

<p>For over sixty years, lawyers and historians have discussed the credibility and repercussions of the Nuremberg Trial (1945–1946). This paper argues that the defendants’ procedural due process rights were partially protected at Nuremberg, although there were gross breaches of particular fundamental due process rights. The Nuremberg Trial at the International Military Tribunal was conducted by the four Allied Powers to try the upper echelon Nazi war criminals following the Second World War. The London Charter, drafted by the Allies, outlined the trial procedure to be adopted, and provided certain guarantees in attempt to secure a fair trial for the twenty-two defendants. This paper examines the history of fundamental due process rights (recognised in both continental Europe and common law jurisdictions) and analyses the extent to which these rights were breached at Nuremberg. This paper further argues that despite the defendants being afforded more rights than they could have expected given the circumstances, such breaches significantly compromised the integrity of the trial.</p>

Holocaust Consciousness in New Zealand 1980-2010: A Study

<p>This thesis chronicles and examines the major New Zealand specific Holocaust-related issues of the last three decades, in the time period 1980 to 2010. The Holocaust has had a long reaching legacy worldwide since the end of the Second World War. There have been major news items and issues that have brought the Holocaust to the forefront of people's consciousness throughout the decades, the most prominent example being the trial of Adolf Eichmann in 1961. It was major news such as that trial, as well as Hollywood productions such as the TV miniseries Holocaust in the late 1970s, that brought about widespread consciousness of the Holocaust worldwide, in countries such as the United States and Australia. In New Zealand, but major Holocaust-related issues connected specifically to New Zealand did not begin to emerge until the 1980s. This thesis investigates, in three chapters, differing issues over the aforementioned time period that have had an impact on consciousness of the Holocaust in New Zealand. The issues investigated are respectively: the war criminals investigation of the late 1980s and early 1990s, the colonial 'holocaust' argument of the late 1990s and early 2000s, Holocaust denial controversies in New Zealand academia, and the growth and evolution of Holocaust commemoration and education. Although some issues, such as commemoration and education, began earlier, it was not until the 1980s that these issues developed in earnest and a greater number of people began to take notice of the connection of these issues, and in turn New Zealand, to the Holocaust. The main arguments made in this thesis are that New Zealand's consciousness of the Holocaust developed when it did and at the rate it did because of particular aspects of the Jewish community and New Zealand society as a whole, including the geographical isolation of the country, the size and assimilation of the Jewish and survivor communities here, and the overall attitudes and on occasion apathy and ignorance towards the Holocaust. All of these aspects have influenced, to varying degrees, consciousness of the Holocaust within New Zealand throughout the time period of 1980 to 2010.</p>

Holocaust Consciousness in New Zealand 1980-2010: A Study

<p>This thesis chronicles and examines the major New Zealand specific Holocaust-related issues of the last three decades, in the time period 1980 to 2010. The Holocaust has had a long reaching legacy worldwide since the end of the Second World War. There have been major news items and issues that have brought the Holocaust to the forefront of people's consciousness throughout the decades, the most prominent example being the trial of Adolf Eichmann in 1961. It was major news such as that trial, as well as Hollywood productions such as the TV miniseries Holocaust in the late 1970s, that brought about widespread consciousness of the Holocaust worldwide, in countries such as the United States and Australia. In New Zealand, but major Holocaust-related issues connected specifically to New Zealand did not begin to emerge until the 1980s. This thesis investigates, in three chapters, differing issues over the aforementioned time period that have had an impact on consciousness of the Holocaust in New Zealand. The issues investigated are respectively: the war criminals investigation of the late 1980s and early 1990s, the colonial 'holocaust' argument of the late 1990s and early 2000s, Holocaust denial controversies in New Zealand academia, and the growth and evolution of Holocaust commemoration and education. Although some issues, such as commemoration and education, began earlier, it was not until the 1980s that these issues developed in earnest and a greater number of people began to take notice of the connection of these issues, and in turn New Zealand, to the Holocaust. The main arguments made in this thesis are that New Zealand's consciousness of the Holocaust developed when it did and at the rate it did because of particular aspects of the Jewish community and New Zealand society as a whole, including the geographical isolation of the country, the size and assimilation of the Jewish and survivor communities here, and the overall attitudes and on occasion apathy and ignorance towards the Holocaust. All of these aspects have influenced, to varying degrees, consciousness of the Holocaust within New Zealand throughout the time period of 1980 to 2010.</p>

Contractive Practices in History of Serbo-Croatian Relations

The article examines Serbo-Croatian conflict in the XX - early XXI centuries. The history of the formation of the Serbian and Croatian statehood is analyzed; the reasons for the confrontation between two close Slavic peoples are determined and the evolution of their relationship is highlighted; clarified the determinants that determine the antagonistic nature and demonstrative cruelty of the Serbo-Croatian confrontation. The formation after the “Patriotic War” of 1991-1995 of two parallel “worlds” was stated, as a result of which the Croatian and Serbian communities hardly intersect in everyday life. Constant quarrels and fights on ethnic grounds, burning of flags and desecration of state symbols have been and remain daily occurrences from the very beginning of reintegration, and war criminals convicted by an international tribunal are perceived by the two communities as national heroes and defenders of the Motherland. It points to the gradual aggravation of interethnic confrontation in Croatia and the growth of xenophobic sentiments, which has been observed recently. The conclusion about the failure of past and modern attempts to establish Serbo-Croatian cooperation in building a common future has been substantiated. It is emphasized that the Serbo-Croatian conflict does not look exhausted, not only because of the heavy burden of the past, which causes mutual accusations and long-standing hatred. Attention is drawn to the fact that this confrontation is primarily about the future - about the fate of various national projects. The mirage of “Greater Serbia” still tempts a significant part of the Serbs, who are hatching revanchist intentions, while the Croats are determined to defend their won independence. Accordingly, under certain international conditions, the confrontation of political ambitions in the Balkans can easily flare up with renewed vigor, once again confirming the reputation of this region as a “powder keg” of Europe.