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Bonafè, Beatrice I. The Relationship Between State and Individual Responsibility for International Crimes. Leiden, The Netherlands: Martinus Nijhoff Publishers, 2009.
Abstract: This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Engdahl, Ola and Wrange, Pål, ed. Law at War: The Law as it Was and the Law as it Should Be- Liber Amicorum Ove Bring. International Humanitarian Law Series, 22. Leiden, Netherlands: Martinus Nijhoff Publishers, 2008.
Abstract: The authors of this volume have been inspired by the scholar to which this Liber Amicorum is dedicated – Professor Ove Bring – to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals.
Aranburu, Xabier Agirre. “Sexual Violence beyond Reasonable Doubt: Using Pattern Evidence and Analysis for International Cases.” Leiden journal of international law. 23.3 (2010): 609-627.
Abstract: Establishing the pattern of crime is fundamental for the successful investigation of international crimes (genocide, war crimes, and crimes against humanity). A pattern of crime is the aggregate of multiple incidents that share common features related to the victims, the perpetrators, and the modus operandi. Pattern evidence and analysis have been used successfully, mainly in the investigation of large-scale killings, destruction, and displacement; the use for sexual violence charges has been remarkably more limited. There is a need to overcome this gap by setting proper methods of data collection and analysis. At the level of evidence collection, under-reporting should be addressed through victimization surveys or secondary analysis of data available from different sources. At the level of analysis, the available evidence needs to be subject to impartial examination beyond the pre-conceptions of the conflict parties and advocacy groups, in compliance with scientific standards for quantitative, qualitative, and GIS (Geographic Information Systems)methods. Reviewing the different investigative experiences and jurisprudence will help to set the right methodology and contribute most efficiently to putting an end to the impunity regarding sexual crimes.
International Military Tribunal Nuremberg. Trial of The Major War Criminals before the International Military Tribunal Nuremberg: 14 November 1945 to 1 October 1946. Vol. 3. Blue Series. Nuremberg, Germany: Secretariat of the International Military Tribunal Nuremberg, 1947.
Abstract: Known as the “Blue Series”, these volumes contain the authentic text of the proceedings of the International Military Tribunal (i.e., Nuremberg Tribunal). The series records in full details the proceedings – from the preliminary session of 14 November 1945 to the closing session of 1 October 1946. This volume contains Tribunals trial proceedings right from the Tenth day onward to twentieth day.
International Military Tribunal Nuremberg. Trial of The Major War Criminals before the International Military Tribunal Nuremberg: 14 November 1945 to 1 October 1946. Vol. 1. Blue Series. Nuremberg, Germany: Secretariat of the International Military Tribunal Nuremberg, 1947.
Abstract: Known as the “Blue Series”, these volumes contain the authentic text of the proceedings of the International Military Tribunal (i.e., Nuremberg Tribunal). The series records in full details the proceedings – from the preliminary session of 14 November 1945 to the closing session of 1 October 1946. The First volume contains basic pre-trial documents together with the Tribunal’s judgments and sentences on the defendants. In subsequent volumes, the Trial proceedings are published in full, followed by an Index volume.