《ACCOUNTABILITY FOR HUMAN RIGHTS ATROCITIES IN INTERNATIONAL LAW》求取 ⇩

PART Ⅰ: SUBSTANTIVE LAW1

1Individual Accountability for Human Rights Abuses:Historical and Legal.Underpinnings3

A Brief History of Individual Accountability3

Four Bodies of Law8

The Nature of Responsibility13

Methodology and Sources of International Law16

The Principles of Legality: Nullum Crimen Sine Lege and Related Concepts19

A Word on Cultural Relativism22

2Genocide and the Imperfections of Codification24

Background and Preparation of the Genocide Convention24

Definition of Genocide27

Reservations to the Genocide Convention38

Recent Jurisprudential Developments39

Genocide under Customary International Law40

Theoretical and Practical Challenges41

3Crimes Against Humanity and the Inexactitude of Custom45

Evolution of the Concept45

Core Definitional Issues: Elements of the International Crime48

Acts Constituting Crimes Against Humanity67

Theoretical and Practical Challenges74

4War Crimes and the Limitations of Accountability for Acts in Armed Conflict78

From Ancient Origins to Modern .Codes78

Offenses During International Conflicts81

Offenses During Non-International Conflicts91

Afterword on Destruction of Cultural Property101

5 Other Abuses Incurring Individual Responsibility Under International Law104

Slavery and Forced Labor105

Torture110

Racial Discrimination and Apartheid113

Forced Disappearances116

6 Expanding and Contracting Culpability: Related Crimes, Defenses, and Other Barriers to Criminality118

Related Crimes118

Appraising the Defenses under International Law121

Statutes of Limitations125

Theoretical and Practical Challenges127

PART Ⅱ: MECHANISMS FOR ACCOUNTABILITY131

7 Mechanisms for Accountability: Framing the Issues133

8The Forum of First Resort: National Tribunals139

A Jurisdictional Primer139

Precedents for Prosecutions Before National Courts:Four Recent Cases146

Prosecutions Before National Courts of Other States156

Opportunities and Challenges159

9The Progeny of Nuremberg: International Criminal Tribunals162

The Nuremberg and Related Tribunals162

The International Tribunal for the Former Yugoslavia165

The International Tribunal for Rwanda173

Toward a Permanent International Criminal Court177

Opportunities and Challenges184

Afterword on the International Court of Justice and Regional Human Rights Courts189

10 Non-Prosecutorial Options: Investigatory Commissions, Civil Suits, and Immigration Measures193

Investigatory Commissions: Accountability Through Truth and Acknowledgment193

Civil Suits: An Alternative Day in Court for Victims204

Immigration Measures: Denying Refuge to Offenders212

11Developing the Case: Comments on Evidence and Judicial Assistance216

Evidence: A Dearth of Uniform Standards216

Judicial Assistance and the Limits of International Cooperation220

PART Ⅲ: A CASE STUDY: THE ATROCITIES OF THE KHMER ROUGE227

12 The Khmer Rouge Rule Over Cambodia: A Historical Overview229

The Philosophy and Structure of the Khmer Rouge230

The Pattern of Abuses232

Hostilities with Vietnam238

The Khmer Rouge Since 1979239

13 Applying the Law243

Genocide243

Crimes Against Humanity247

War Crimes249

Other Abuses Incurring Individual Criminal Responsibility254

Defenses258

Cambodian Law258

14 Engaging the Mechanisms266

National Tribunals269

International Criminal Tribunals275

Investigatory Commissions277

Civil Suits280

Immigration Measures281

International Court of Justice282

Evidence and Judicial Assistance283

PART Ⅳ: CONCLUSIONS289

15 Striving for Justice: The Prospects for IndividualAccountability291

The State of the Law291

The Processes for Pursuing Justice295

The Fate of Individual Accountability: A Word of Caution302

APPENDICES305

1. Charter of the International Military Tribunal at Nuremberg306

2. Allied Control Council Law No. 10308

3. Convention on the Prevention and Punishment of the Crime of Genocide310

4. Geneva Convention (Ⅰ) for the Amelioration of the Conditionof the Wounded and Sick in Armed Forces in the Field311

5. Geneva Convention (Ⅱ) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces atSea312

6. Geneva Convention (Ⅲ) Relative to the Treatment of Prisoners of War313

7. Geneva Convention (Ⅳ) Relative to the Protection of Civilian Persons in Time of War313

8. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others313

9. Supplementary Convention on the Abolition of Slavery,the Slave Trade, and Institutions and Practices Similar to Slavery314

10. International Covenant on Civil and Political Rights315

11. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity316

12. International Convention on the Suppression and Punishment of the Crime of Apartheid317

13. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol Ⅰ)319

14. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol Ⅱ)321

15. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment321

16. Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991322

17. Statute of the International Tribunal for Rwanda328

18. International Law Commission Draft Statute for an International Criminal Court329

19. International Law Commission Draft Code of Crimes Against the Peace and Security of Mankind336

20. United States Alien Tort Claims Act340

21. United States Torture Victim Protection Act340

Bibliography341

Index361