Accountability for human rights atrocities in international law : beyond the Nuremberg legacy / Steven R. Ratner, Jason S. Abrams.

Includes bibliographical references (p. [397]-426) and index.

PART I: SUBSTANTIVE LAW
1 Individual Accountability for Human Rights Abuses:
Historical and Legal Underpinnings
A Brief History of Individual Accountability
Methodology and Sources of International Law
The Principles of Legality: Nullum Crimen Sine Lege
and Related Concepts A Word on
Cultural Relativism
2 Genocide and the Imperfections of Codification Background and Preparation of the Genocide Convention
Definition of Genocide Reservations to the Genocide Convention Genocide under Customary International Law Theoretical and Practical Challenges
3 Crimes Against Humanity and the Inexactitude of Custom Evolution of the Concept Core Definitional Issues: Elements of the International Crime Acts Constituting Crimes Against Humanity Theoretical and Practical Challenges
4 War Crimes and the Limitations of Accountability for Acts
in Armed Conflict From Ancient Origins to Modern Codes
Offenses During International Conflicts
ffenses During Non-International Conflicts Afterword on Destruction of Cultural Property
5 Other Abuses Incurring Individual Responsibility Under International Law Slavery and Forced Labor Torture
Racial Discrimination and Apartheid Forced Disappearances A Brief Word on Crimes Against Peace
6 Expanding and Contracting Culpability: Related Crimes, Defenses, and Other Barriers to Criminality Related Crimes Appraising the Defenses under International Law Statutes of Limitations
Theoretical and Practical Challenges
PART II: MECHANISMS FOR ACCOUNTABILITY
7 Mechanisms for Accountability: Framing the Issues
Legal Requirements of Individual Accountability The Broader Context
8 The Forum of First Resort: National Tribunals
A Jurisdictional Primer
Precedents for Prosecutions Before National Tribunals:
Four Recent Cases
Prosecutions Before National Courts of Other States Opportunities and Challenges
9 The Progeny of Nuremberg: International Criminal
Tribunals
The Nuremberg and Related Tribunals
The International Criminal Tribunal for the Former
Yugoslavia
The International Criminal Tribunal for Rwanda Toward the Permanent International Criminal Court Opportunities and Challenges Afterword on the International Court of Justice and Regional Human Rights Courts
10 Non-Prosecutorial Options: Investigatory Commissions,
Civil Suits, and Immigration Measures Investigatory Commissions: Accountability Through Truth and Acknowledgment
Civil Suits: An Alternative Day in Court for Victims Immigration Measures: Denying Refuge to Offenders
11 Developing the Case: Comments on Evidence and Judicial Assistance Evidence: A Dearth of Uniform Standards Judicial Assistance and the Limits of International
Co-operation
PART III: A CASE STUDY: THE ATROCITIES OF THE KHMER ROUGE
12 The Khmer Rouge Rule Over Cambodia:
A Historical Overview
The Philosophy and Structure of the Khmer Rouge
The Pattern of Abuses
Hostilities with Vietnam
The Khmer Rouge Since 1979
13 Applying the Law
Genocide
Crimes Against Humanity
War Crimes
Other Acts Incurring Individual Criminal Responsibility
Defenses
Cambodian Law
14 Engaging the Mechanisms
National Tribunals
International Criminal Tribunals
Investigatory Commissions
Civil Suits
Immigration Measures
International Court of Justice
Evidence and Judicial Assistance
PART IV: CONCLUSIONS
15 Striving for Justice: The Prospects for Individual
Accountability
The State of the Law
The Processes for Pursuing Justice
The Fate of Individual Accountability: A Word of Caution
APPENDICES
1. Charter of the International Military Tribunal at Nuremberg 3. Convention on the Prevention and Punishment of the Crime of
2. Allied Control Council Law No. 10
Genocide
4. Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field 5. Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
6. Geneva Convention (III) Relative to the Treatment of
Prisoners of War
7. Geneva Convention (IV) Relative to the Protection of Civilian
Persons in Time of War
8. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 9. Supplementary Convention on the Abolition of Slavery,
the Slave Trade, and Institutions and Practices Similar to Slavery
10. International Covenant on Civil and Political Rights
11. Convention on the Non-Applicability of Statutory Limitations
to War Crimes and Crimes Against Humanity
12. International Convention on the Suppression and Punishment
of the Crime of Apartheid
13. Protocol Additional to the Geneva Conventions of 12 August
1949, and Relating to the Protection of Victims of
International Armed Conflicts (Protocol I)
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
15. Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment
16. Statute of the International Criminal Tribunal for the Former
Yugoslavia
17. Statute of the International Criminal Tribunal for Rwanda 18. International Law Commission Draft Code of Crimes Against
the Peace and Security of Mankind
19. Statute of the International Criminal Court
20. United States Alien Tort Claims Act
21. United States Torture Victim Protection Act