The legacy of Nuremberg : civilising influence or institutionalised vengeance? / edited by David A. Blumenthal, Timothy L.H. McCormack.

Format:

Book

Contributor:

Blumenthal, David A.

McCormack, Timothy L. H.

Series:

International humanitarian law series ; v. 20.

International humanitarian law series ; v. 20

Language:

English

Subjects (All):

Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946--Influence.

Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946.

Physical Description:

1 online resource (364 p.)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2008.

Language Note:

English

Summary:

In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual criminal responsibility under international law and argue that the international community has to some extent failed to fulfil the promise of Nuremberg in the decades since the Trial. Other essays focus on contemporary application of aspects of the substantive law of Nuremberg - particularly the international crime of aggression, the law of military occupation and the use of the crime of conspiracy as an alternative basis of criminal responsibility. The collection also includes essays analysing the nature and operation of a number of international criminal tribunals since Nuremberg including the permanent International Criminal Court. The final grouping of essays focus on the impact of the Nuremberg Trial on Australia examining, in particular, Australia’s post-World War Two war crimes trials of Japanese defendants, Australia’s extensive national case law on Article 1(F) of the Refugee Convention and Australia’s national implementing legislation for the Rome Statute.

Contents:

The atmospherics of the Nuremberg Trial / William Maley

The Nuremberg tribunal and German society : international justice and local judgment in post-conflict reconstruction / Susanne Karstedt

The importance of a retributive approach to justice / Graham T. Blewitt

Investigating international crimes : a review of international law enforcement strategies expediency v. effectiveness / John H. Ralston and Sarah Finnin

Justice betrayed : post-1945 responses to genocide / Mark Aarons

Contributions of the Nuremberg Trial to the subsequent development of international law / Michael J. Kelly and Timothy L.H. McCormack

The crime of aggression : born of the failure of collective security

still shackled to its fate? time to catch up or part ways / Carrie McDougall

Evaluating Timor Leste's Reception, Truth and Reconciliation Commission / Annemarie Devereux and Lia Kent

Different models of tribunals / Madelaine Chiam

The operations of the International Criminal Court

a brief overview and first impressions / Geoffrey Skillen

Australia's prosecution of Japanese war criminals : stimuli and constraints / Michael Carrel

Excluding the undesirable : interpreting Article IF(a) of the Refugee Convention in Australia / Alison Duxbury

Australian implementation of the Rome Statute of the International Criminal Court / David Blumenthal.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-281-92120-3

9786611921200

90-474-2336-4

OCLC:

307619390

Publisher Number:

10.1163/ej.9789004156913.i-338 DOI