This dissertation examines the history of the concept of (what would translate in English as) “human rights” in modern Japanese history. Specifically, it traces how the term jinken (lit. “human rights” today) has become a term able to articulate Japanese wartime and colonial atr…
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To prosecute perpetrators of war crimes the International Criminal Court (ICC) must connect the physical actions of the offence and ‘most responsible’ offenders charged with planning, instigating and intent on carrying out crimes of genocide, crimes against humanity, war crimes …
This thesis examines prosecutorial challenges of the International Criminal Court (ICC/the court) in relation to the dwindling legitimacy prosecuting under Article 5 of the Rome Statute and other relevant international law principles. The study attempts a prognosis of the future…
Exploring Puritanical cultural habits in the 21st century American military, the following study focuses on U.S. Army courts-martial in the Global War on Terrorism. The study uses Emile Durkheim's original sociological interpretation of crime and deviance. That interpretation is…
Throughout history, warring parties have contravened norms or laws that prescribe the protection of noncombatant civilians, and wars have often wreaked tremendous havoc on civilian populations. In this dissertation, I investigate conditions under which state leaders embroiled in…
On July 25, 1950, an American infantry unit killed a large number of refugees near the South Korean village of No Gun Ri. On December 12, 1948, a British patrol killed twenty-five civilians near the Malayan village of Batang Kali. On March 16, 1993, members of the Canadian Airbo…
Contemporary research and public discourse have recently drawn attention to the different perspectives of men and women on their social, political and cultural environment. However, when it comes to the topic of the identity and behavior of perpetrators in concentration and exte…
Na justiça internacional muitos são os temas controversos e discutidos pela doutrina, no âmbito dos quais ainda não foi possível chegar a um consenso alargado. Os conflitos jurisdicionais, entre instâncias internacionais, são uma dessas temáticas. A isto, acresce o facto de esta…
This study examines the history of war crimes trials. Through a comparative study of the ICTY, ICTR and the Gacaca Courts of Rwanda it is determined that localized war crimes trials are the optimal justice mechanism for post conflict Afghanistan. This paper goes on to explain th…