Prosecuting International Crimes: Selectivity and the International Criminal Law Regime
This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
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ˇCelebi´ci acts AJIL Antonio Cassese Appeals Chamber Ardsley armed conflict Article asserted basis Blaˇski´c chapter Cherif Bassiouni civilian Command Responsibility Commission committed complementarity Court for Sierra crimes against humanity customary international law customary law Decision defence Draft duty to prosecute EJIL enforcement evidence example extradition Former Yugoslavia Gaeta and John Geneva Conventions Genocide Hague Human Rights ICTR ICTY ICTY and ICTR ICTY Statute International Criminal Court international criminal law International Criminal Tribunal International Humanitarian Law investigation John R. W. D. Jones Judgment Justice Kluwer Law of War liability Military Nuremberg IMT Nuremberg Trial obligation offences Opinion of Judge Otto Triffterer Oxford University Press paras Paula Gaeta Pinochet Principles Prosecutor provision Punishment R. W. D. Jones eds regime relation Report requirement Resolution Rome Statute Rwanda Security Council Sierra Leone Special Court superior orders Tadi´c territory Tokyo IMT Transnational treaty Trial Chamber Tribunal for Rwanda United Nations universal jurisdiction violations