Category Archives: Uncategorized

The Obligation to Prosecute International Law Crimes

Wouters, Jan


In this presentation, the author reflects on the question whether and to what extent States are under an international legal obligation to prosecute international law crimes. Such reflection compels, first of all, an analysis of the exact meaning and scope of the concept “international law crimes”. In the presentation, the author, after looking into the latter concept and its uncertainties, turns attention in the second part to some reflections about the impact the 1998 Rome Statute of the International Criminal Court could have on the “obligation to prosecute”. The remainder of the presentation uses these building bricks to delve into the main issues. The third part assesses the actual substance of the “obligation to prosecute” violations of International Humanitarian Law (IHL), while the fourth part analyses this obligation for other violations of international law, more specifically of human rights law.…

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Beyond Gendercide: Incorporating Gender into Comparative Genocide Studies

Carpenter, CR


The study of gender as a variable in ethnic conflict and genocide has been dominated by feminist approaches emphasising women’s human rights. Adam Jones and other authors have recently sought to apply gender to a different context: the sex-selective massacre of adult civilian males. While an important extension of feminist approaches, the new “gendercide literature” contains certain analytical inconsistencies and substantive limitations. In particular, it confuses “sex” and “gender”; based on misguided analogy with the term “genocide”, and constitutes too narrow a focus for the inclusive study of gender as a variable in comparative genocide studies. The author concludes with a revised framework for incorporating gender into the study of genocide and ethnic conflicts.…

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Will the Judgment in the Nuremberg Trial Constitute a Precedent in International Law?

Kelsen, H


The most characteristic element of a precedent is its law-creating function. In so far as the law is already created by legislation, custom, or international treaty, there is no room for a precedent. It is true that judicial decisions which are considered to be precedents, frequently pretend to apply pre-existing substantive law; but, in fact, they create new law under the disguise of interpreting existing law. Only in so far as they create new law, are they true precedents. This article argues that the judgment rendered by the International Military Tribunal in the Nuremberg Trial cannot constitute a true precedent because it did not establish a new rule of law, but merely applied preexisting rules of law laid down by the International Agreement
concluded on August 8, 1945, in London, for the Prosecution of European Axis War Criminals, by the Governments of Great Britain, the United States of America, France, and the Soviet Union.…

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The Yugoslav Tribunal: Use of Unnamed Witnesses Against Accused

Leigh, Monroe


On August 10, 1995, the Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia issued a ruling of procedural nature, which authorised the Prosecutor to withold from the accused and his counsel the identity of a number of witnesses against the accused. This article examines the ruling.…

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Justice Robert H. Jackson, the Supreme Court, and the Nuremberg Trial

Hockett, Jeffrey D


Justice Robert H Jackson regarded his service as United States Chief of Counsel at the Nuremberg War Crimes Trial as “the most satisfying and gratifying experience” of his life and “infinitely more important” than his work on the Supreme Court. Many lauded Jackson’s efforts and agreed that Nuremberg represented a landmark in international law. Others denied the legitimacy of the Trial and excoriated Jackson for participating. The Trial, some argued, was a negation of principles that lie at the heart of any system of justice under law. it is odd that there is no sustained assessment of Jackson’s decision to participate in the event. Therefore, an examination of Jackson’s Nuremberg experience is of more than historical interest, since requests for judicial participation in international trials seem possible in an increasingly interdependent world.…

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The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone

Schabas, William A


This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the United Nations during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts established in the aftermath of the Second World War, the three tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide,crimes against humanity and war crimes), forms of participation in such crimes as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the creation of the International Criminal Court. The book provides a comprehensive overview of the law of the tribunals,
relying on their judicial decisions as well as the drafting history of their statutes and other contemporary sources. While there is a wealth of periodical literature on specific aspects of the activities of these tribunals, this is the first comprehensive book to be published in more than a decade.…

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Law Reports of Trials of War Criminals- Volume III


This third volume includes reports of ten cases. They are drawn from widely distant parts of the globe; the trial courts are diverse in character. consisting of National Courts and Military Courts acting under different warrants or commissions.…

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Report on the Work of the Office of the Special Adviser of the United Nations Secretary-General on the Prevention of Genocide

Akhavan, P


This Report has been prepared at the request of the Special Adviser to the United Nations Secretary-General on the Prevention of Genocide, Mr. Juan E. M~ndez. Its objective is to review the work of the Office of the Special Adviser in implementing the mandate established by the Secretary-General in his letter dated 12 July 2004 to the Security Council, to gather and assess the views and expectations of the mandate within the United Nations system, and to provide recommendations and options for further action with a view to improving the effectiveness of the Office.…

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Power, Genocide and Mass Murder

Rummel, RJ


The article provides an analysis of the quantitative method used by the author in order to estimate the democide rate for various political systems in the 20th century.…

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Archive I: Media Archive

Archives news reports, opinions, editorials published in different media outlets from around the world on 1971, International Crimes Tribunal and the justice process.

Archive II: ICT Documentation

For the sake of ICT’s legacy this documentation project archives, and preserves proceeding-documents, e.g., judgments, orders, petitions, timelines.

Archive III: E-Library

Brings at fingertips academic materials in the areas of law, politics, and history to facilitate serious research on 1971, Bangladesh, ICT and international justice.

Archive IV: Memories

This archive records from memory the nine-month history of 1971 as experienced and perceived by individuals from all walks of life.