Lawyers had been producing reports of trials and appellate proceedings in order to understand the law and practices of the Westminster courts since the Middle Ages, and printed reports had appeared in the late fifteenth century. This book considers trials in the regular English criminal courts in the eighteenth and nineteenth centuries. It also considers the contribution of criminal lawyers in developing the modern rules of evidence. The book explores the influence of scientific and pseudoscientific knowledge on Victorian insanity trials and trials for homosexual offences, respectively. The British Trials Collection contains the only readily accessible and near-verbatim accounts of civil trials from the 1760s, 1770s, and 1780s, decades crucial to understanding how the rules of evidence developed. It might be thought that Defence of the Realm Acts (DORA) or its regulations would have introduced trials in camera. The book presents a comparative critique of war crimes trials before the International Military Tribunals at Nuremberg and Tokyo and the International Tribunals for the former Yugoslavia and for Rwanda. The first spy trial by court martial after the legal change in 1915 was that of Robert Rosenthal, who was German. The book also considers the principal features of the first war crimes trial of the twenty-first century in terms of personnel and procedures, the alleged crimes, and issues of legality and legitimacy. It also speculates on the narratives or non-narratives of the trial and how these may impact on the professed aims and objectives of the litigation.
Peter Carey's fictions explore the experiences lurking in the cracks of normality, and are inhabited by hybrid characters living in between spaces or on the margins. Carey took a circuitous route into literature and writing. Characterising Carey's stories takes us to the heart of his fictional practice. Most adopt a mixture of narrative modes, a central feature of his writing. In Carey stories, terminal societies trap characters in drive-in movie car parks, or offer the bizarre possibility of exchanging bodies, or generate a counter-revolutionary resistance movement led by fat men. Grouping the stories around themes and issues allows for a fairly comprehensive insight into Carey's shorter works, and provides some key threads for later discussions of the longer fiction. Four of the most significant areas are: American imperialism and culture; capitalism; power and authority; and gender. In Bliss, the hippy capitalists of 'War Crimes' are replaced by the more conventional scenario of hippies versus capitalists. Illywhacker examines twentieth-century Australian history with the savage humour and fantasy of the earlier fiction now placed within an epic framework. Oscar and Lucinda might be termed 'retro-speculative' fiction. The Tax Inspector is Carey's most savage novel to date, and it captures Marx's vision of the ravening effects of capital. The Unusual Life of Tristan Smith marks a return to the overt alternative world-building found in the early stories with their fantastic and fable-like scenarios. The overlap between post-modernism and post-colonialism in Carey has been investigated by a number of critics.
This book has examined crimes against humanity and war crimes under the Rome Statute of the International Criminal Court (ICC). This concluding chapter commences by considering how this interpretation of crimes may be affected by national prosecutions of war crimes and crimes against humanity under the principle of complementarity. Next, consideration is given to the influence that reservations and interpretative declarations to the Conventions which form the basis of Article 8, or interpretative declarations to the Rome Statute, will
As the first defendants appear before the International Criminal Court it is now more important than ever to gain a proper understanding of the crimes with which they have been charged. The purpose of this study is to provide a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute and developed by the Elements of Crimes. Background to the ICC The origins of the ICC are mainly rooted in the events of the twentieth century. Whilst
Here on the outposts of the American Empire … ( Bliss , 9) C AREY ’s first published novel capitalised on the success of his stories to exhilarating effect. Its anarchic narratology puzzled many reviewers, 1 but as Carey’s œuvre grows, its mix of satiric realism, fable, fantasy and manic cartoon quality seem entirely characteristic. After War Crimes was awarded the New South Wales Premier Award in 1980, Bliss received the same prize in 1982, as well as the Miles Franklin and the National Book Council
French Ordinance of 28 August 1944 Concerning the Suppression of War Crimes, which read: Where a subordinate is prosecuted as the actual perpetrator of a war crime, and his superiors cannot be indicted as being equally responsible, they shall be considered as
examine international trials for war crimes – what are sometimes referred to as breaches of international humanitarian law – and human rights violations. The twentieth century witnessed the creation of an apparently impressive range of international tribunals with authority to consider such offences: the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court of Human Rights. All of these, however, adjudicated state responsibility for violations of international law; they did not have
negated the criminal liability of perpetrators. This chapter explores the various forms of direct participation in humanitarian law offences. These are: planning and conspiracy; ordering others to commit a crime; incitement and dissemination of hate propaganda; and complicity. Before we proceed with this analysis, it would be useful to identify the specific crimes, that is, the concept of war crimes and crimes against
interests over the rights or citizens and the rule of law; the criminalisation and corruption of significant elements of the police and intelligence agencies particularly; and a legacy of war crimes and human rights abuses. Since 2000, some progress has been made in addressing these problems, particularly in relation to role re-definition. Nevertheless, serious organisational challenges
The trial of Slobodan Milosevic 9 The trial of Slobodan Milosevic: a twenty-first century trial? Dominic McGoldrick At 10.02 am on Tuesday, 3 July 2001, Slobodan Milosevic made an initial appearance before the International Criminal Tribunal for the former Yugoslavia (ICTY).1 He wore a blue suit, a blue shirt, and a tie in the national colours of Serbia. He was the first former head of state in history to be prosecuted for war crimes by an international tribunal.2 This image of international criminal justice was flashed across the world’s media.3 The humbling