From Nuremberg to The Hague is based on a 2002 lecture series by leading experts in international law, including Mr. Sands. Given just as the global war on terror was getting under way, this book is a very brief introduction to legal proceedings that will become prominent in coming years. While not a work that will inform lawyers already in the field, it can be insightful for lawyers and law students not in international law, and it can be a clearly-worded explanation to laypeople.
Andrew Clapham's lecture on complicity and complementarity may burst a lot of myths about International Criminal Court jurisdiction: it is only when a country will not prosecute war crimes that the ICC begins to assert itself, something that lawmakers should consider before absolving or pardoning any suspects in recent conflicts. Mr. Sands' own article on the 1998 Pinochet case shows just how much of a watershed this case was: after Pinochet, retired government officials may find unexpected problems if they travel. This was not true after Vietnam, but it is true after Pinochet.
The chapters on the ICC and the Rome Statute are short and, of necessity, sketchy, but it's worth reading what experts in the field thought, both in historical context (as of 2002) and in general applicability. Given that a U.S. administration is retiring, a new administration and Congress are taking over, and that the world faces new war crimes and piracy in various places as I write, this book is a helpful introduction to this area of international law.
This book is also a useful introduction to Mr. Sands' books, "Lawless World" and "Torture Team," both of which I also recommend. Here, he sets the stage, and in his later works he presents his own analysis, and indictments. As someone who writes and research on some areas of war-crime law, I find From Nuremberg to The Hague, and Mr. Sands' work in general, to be indispensable.
Author(s): Philippe Sands
Publisher: Cambridge University Press
Year: 2003
Language: English
Pages: 208
Cover......Page 1
Half-title......Page 3
Title......Page 5
Copyright......Page 6
Contents......Page 7
Notes on the contributors......Page 9
Preface......Page 11
1 The Nuremberg trials: international law in the making......Page 17
Introduction......Page 46
Complexity......Page 47
Complicity......Page 66
Complementarity......Page 79
Conclusions......Page 81
Introduction......Page 84
The International Criminal Court......Page 90
International law promotes a role for national courts......Page 98
Pinochet......Page 105
The World Court steps in......Page 111
Conclusions......Page 119
Introduction......Page 125
Three underlying issues......Page 128
The institutional problem......Page 129
The rule of law problem......Page 141
The problem of acceptability of a universal international criminal court......Page 149
Two possible solutions......Page 151
The ILC’s procedural model......Page 153
The Rome Statute: an international criminal justice system for a few crimes?......Page 161
The outcome: the ICC under the Rome Statute......Page 170
5 Prospects and issues for the International Criminal Court: lessons from Yugoslavia and Rwanda......Page 173
Prospects for credibility and legitimacy: the International Criminal Court and women......Page 177
Prospects for criminal justice: what role for the International Criminal Court?......Page 192
The International Criminal Court as a public demonstration of justice......Page 193
Upholding the rule of law: the creation of order......Page 196
Memory against forgetting: the ICC as truth-teller......Page 199
The international International Criminal Court......Page 201
Conclusion......Page 207