Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide and the Trials of Slobodan Milosevic and Saddam Hussein

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Peter Lang, 2005 - Law - 272 pages
This work tracks two dynamics: the evolution of genocide into an international crime and the erosion of sovereign immunity as a defense to prosecution. Both dynamics meet in the trials of Slobodan Milosevic for the Bosnian genocide at Srebrenica and Saddam Hussein for the Kurdish and Marsh Arab genocides. While one despot meets his fate before an international tribunal, the other will face justice before a domestic court of his own countrymen. Neither can hide behind the shield of sovereignty - dictators now have nowhere to hide.
 

Contents

Introduction
3
Genocide the Period of World Wars 19151945
13
International Law Defines the Crime 1948
23
Genocide Inaction During the Cold War 19501990
29
Genocide Reaction After the Cold War 19902000
37
Enforcement Through an International Criminal Court
53
The Prosecution of Slobodan Milosevic
87
67
116
Conclusion
149
Convention on the Prevention and Punishment
155
Statute of the International Criminal Tribunal for
161
Indictment of Slobodan Milosevic
177
Statute of the Iraqi Special Tribunal
203
Notes
227
Index
267
Copyright

The Prosecution of Saddam Hussein
119

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About the author (2005)

The Author: Michael J. Kelly is Associate Professor of International Law at Creighton University School of Law in Omaha, Nebraska. He received his B.A. in political science and J.D. from Indiana University, and his LL.M. in international law from Georgetown University. He is most recently co-author with Raneta Lawson Mack of Equal Justice in the Balance: America's Legal Responses to the Emerging Terrorist Threat (2004).

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