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More than fifty years after the Nuremberg and Tokyo trials, nations still struggle with the necessity of holding individuals accountable for human rights violations. This book offers an unprecedented progress report on this crucial enterprise. After examining the scope of international crime, the mechanisms created by states for enforcing laws, and the practical difficulties of applying such laws, the authors conclude their comprehensive study with an important assessment of the future of accountability. In this new edition the authors also cover recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court.

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CONTENTS

Abbreviations and Shorthand Forms in Footnotes = xvi

Table of Authorities = xxi

Introduction to the Second Edition = xxxix

Introduction to the First Edition = xli

PART Ⅰ : SUBSTANTIVE LAW

 1 Individual Accountability for Human Rights Abuses : Historical and Legal Underpinnings = 3

  A Brief History of Individual Accountability = 3

  Four Bodies of Law = 9

  The Nature of Legal Responsibility = 15

  Methodology and Sources of International Law = 17

  The Principles of Legality : Nullum Crimen Sine Lege and Related Concepts = 21

  A Word on Cultural Relativism = 24

 2 Genocide and the Imperfections of Codification = 26

  Background and Preparation of the Genocide Convention = 26

  Definition of Genocide = 29

  Reservations to the Genocide Convention = 39

  Genocide under Customary International Law = 41

  Theoretical and Practical Challenges = 42

 3 Crimes Against Humanity and the Inexactitude of Custom = 46

  Evolution of the Concept = 46

  Core Definitional Issues : Elements of the International Crime = 49

  Acts Constituting Crimes Against Humanity = 69

  Theoretical and Practical Challenges = 77

 4 War Crimes and the Limitations of Accountability for Acts in Armed Conflict = 80

  From Ancient Origins to Modern Codes = 80

  Offenses During International Conflicts = 83

  Offenses During Non-International Conflicts = 95

  Afterword on Destruction of Cultural Property = 107

 5 Other Abuses Incurring Individual Responsibility Under International Law = 111

  Slavery and Forced Labor = 112

  Torture = 117

  Racial Discrimination and Apartheid = 120

  Forced Disappearances = 123

  A Brief Word on Crimes Against Peace = 124

 6 Expanding and Contracting Culpability : Related Crimes, Defenses, and Other Barriers to Criminality = 129

  Related Crimes = 129

  Appraising the Defenses under International Law = 135

  Statutes of Limitations = 143

  Theoretical and Practical Challenges = 145

PART Ⅱ : MECHANISMS FOR ACCOUNTABILITY

 7 Mechanisms for Accountability : Framing the Issues = 151

  Legal Requirements of Individual Accountability = 151

  The Broader Context = 155

 8 The Forum of First Resort : National Tribunals = 160

  A Jurisdictional Primer = 160

  Precedents for Prosecutions Before National Tribunals : Four Recent Cases = 168

  Prosecutions Before National Courts of Other States = 178

  Opportunities and Challenges = 182

 9 The Progeny of Nuremberg : International Criminal Tribunals = 187

  The Nuremberg and Related Tribunals = 187

  The International Criminal Tribunal for the Former Yugoslavia = 190

  The International Criminal Tribunal for Rwanda = 201

  Toward the Permanent International Criminal Court = 206

  Opportunities and Challenges = 219

  Afterword on the International Court of Justice and Regional Human Rights Courts = 225

 10 Non-Prosecutorial Options : Investigatory Commissions, Civil Suits, and Immigration Measures = 228

  Investigatory Commissions : Accountability Through Truth and Acknowledgment = 228

  Civil Suits : An Alternative Day in Court for Victims = 240

  Immigration Measures : Denying Refuge to Offenders = 248

 11 Developing the Case : Comments on Evidence and Judicial Assistance = 253

  Evidence : A Dearth of Uniform Standards = 253

  Judicial Assistance and the Limits of International Co-operation = 258

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

 12 The Khmer Rouge Rule Over Cambodia : A Historical Overview = 267

  The Philosophy and Structure of the Khmer Rouge = 268

  The Pattern of Abuses = 270

  Hostilities with Vietnam = 277

  The Khmer Rouge Since 1979 = 277

 13 Applying the Law = 284

  Genocide = 284

  Crimes Against Humanity = 288

  War Crimes = 290

  Other Acts Incurring Individual Criminal Responsibility = 294

  Defenses = 298

  Cambodian Law = 299

 14 Engaging the Mechanisms = 307

  National Tribunals = 310

  International Criminal Tribunals = 316

  Investigatory Commissions = 318

  Civil Suits = 321

  Immigration Measures = 323

  International Court of Justice = 324

  Evidence and Judicial Assistance = 325

PART Ⅳ : CONCLUSIONS

 15 Striving for Justice : The Prospects for Individual Accountability = 331

  The State of the Law = 331

  The Processes for Pursuing Justice = 336

  The Fate of Individual Accountability : A Word of Caution = 343

APPENDICES = 347

 1. Charter of the International Military Tribunal at Nuremberg = 348

 2. Allied Control Council Law No. 10 = 350

 3. Convention on the Prevention and Punishment of the Crime of Genocide = 352

 4. Geneva Convention (Ⅰ) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field = 353

 5. Geneva Convention (Ⅱ) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea = 355

 6. Geneva Convention (Ⅲ) Relative to the Treatment of Prisoners of War = 355

 7. Geneva Convention (Ⅳ) Relative to the Protection of Civilian Persons in Time of War = 355

 8. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others = 356

 9. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery = 356

 10. International Covenant on Civil and Political Rights = 357

 11. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity = 359

 12. International Convention on the Suppression and Punishment of the Crime of Apartheid = 359

 13. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol Ⅰ) = 361

 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) = 363

 15. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment = 364

 16. Statute of the International Criminal Tribunal for the Former Yugoslavia = 365

 17. Statute of the International Criminal Tribunal for Rwanda = 370

 18. International Law Commission Draft Code of Crimes Against the Peace and Security of Mankind = 371

 19. Statute of the International Criminal Court = 375

 20. United States Alien Tort Claims Act = 396

 21. United States Torture Victim Protection Act = 396

Bibliography = 397

Index = 427