Criminal Jurisdiction 100 Years after the 1907 Hague Peace Conference

The 8th Hague Joint Conference honored the centennial anniversary of The 1907 Hague Conference, which launched the modern era of international humanitarian law. The provisions adopted at the 1907 Hague Conference formed the basis for, amongst other things, the later promulgation of the 1949 Geneva Conventions. Moreover, the so-called Martens Clause in the 1907 Hague Convention IV served as a foundation for the concept of crimes against humanity. Held from 28-30 June 2007, the 8th Hague Joint Conference was attended by an interesting mix of established experts and international institutional 'insiders' as well as promising newcomers, practitioners and academics, which resulted in lively debate. Most of the participating speakers' contributions are included in this book. The Conference consisted of a series of key note addresses and panels focusing on salient issues in international humanitarian law and criminal jurisdiction. The topics include the battle against impunity, the head of State immunity for former leaders and lessons learned from the trials of Slobodan Milosevic, Charles Taylor, and Saddam Hussein; the need for a comprehensive anti-terrorism convention and the judicial review of internationally-enacted anti-terror measures; the defining, suppressing and trying of genocide; the issues of truth commissions, accountability and the International Criminal Court, as well as the future of the International Criminal Court; corporate liability for human rights crimes; international humanitarian intervention in the post-9/11 era; the plundering of natural resources and destruction of the environment in times of armed conflict, and, finally, ways of dealing with present-day conduct of hostilities. The 8th Hague Joint Conference, entitled Criminal Jurisdiction 100 Years after the 1907 Hague Peace Conference, was organized by the Foundation The Hague Joint Conferences on International Law in which the American Society of International Law, the Netherlands Society of International Law and the T.M.C. Asser Instituut participate. The editors of the present book acted as academic co-chairs of the Conference.

Autorentext

Willem J. M. van Genugten is Professor of International Law at the Department of International and European Public Law and the Center for Transboundary Legal Development, Tilburg University. Michael P. Scharf is Professor of Law and Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law. Sasha E. Radin is a Researcher and Outreach Coordinator at the International Criminal Law and International Humanitarian Law Section, T.M.C. Asser Instituut.

Klappentext

We have taken note with considerable admiration and satisfaction the completion of the manuscript of this book. It contains the proceedings of the highly successful Joint Conf- ence of the American Society of International Law and the Netherlands Society of Int- national Law, entitled Criminal Jurisdiction 100 Years Afer the 1907 Hague Peace Conference. Our Hague Joint Conferences have increasingly come to serve as the main transatlantic meeting place and forum of debate of international lawyers, including both practitioners and academics. As such they play a useful role in promoting mutual und- standing and international co-operation. It proved to be highly relevant to commemorate the Second Hague Peace Conf- ence of 1907 and discuss its contemporary relevance. Whereas international criminal jurisdiction as such was not yet a topic at that time, the 1907 discussions were in ret- spect already highly relevant to it. Te Second Hague Peace Conference resulted in a major revision of the 1899 Convention on the Pacifc Settlement of International Disputes, a Declaration on obligatory arbitration, a Draf Convention for the Creation of a Court of Arbitral Justice (efectively the frst draf of what would become the Statute of the Permanent Court of International Justice), a Convention on the Creation of an International Prize Court (which as a result of a lack of ratifcations never came into being) and a series of other conventions, declarations and regulations concerning naval and land warfare.

Zusammenfassung

The 8th Hague Joint Conference honored the centennial anniversary of The 1907 Hague Conference, which launched the modern era of international humanitarian law. The provisions adopted at the 1907 Hague Conference formed the basis for, amongst other things, the later promulgation of the 1949 Geneva Conventions. Moreover, the so-called Martens Clause in the 1907 Hague Convention IV served as a foundation for the concept of crimes against humanity. Held from 28-30 June 2007, the 8th Hague Joint Conference was attended by an interesting mix of established experts and international institutional 'insiders' as well as promising newcomers, practitioners and academics, which resulted in lively debate. Most of the participating speakers' contributions are included in this book. The Conference consisted of a series of key note addresses and panels focusing on salient issues in international humanitarian law and criminal jurisdiction. The topics include the battle against impunity, the head of State immunity for former leaders and lessons learned from the trials of Slobodan Milosevic, Charles Taylor, and Saddam Hussein; the need for a comprehensive anti-terrorism convention and the judicial review of internationally-enacted anti-terror measures; the defining, suppressing and trying of genocide; the issues of truth commissions, accountability and the International Criminal Court, as well as the future of the International Criminal Court; corporate liability for human rights crimes; international humanitarian intervention in the post-9/11 era; the plundering of natural resources and destruction of the environment in times of armed conflict, and, finally, ways of dealing with present-day conduct of hostilities. The 8th Hague Joint Conference, entitled Criminal Jurisdiction 100 Years after the 1907 Hague Peace Conference, was organized by the Foundation The Hague Joint Conferences on International Law in which the American Society of International Law, the Netherlands Society of International Law and the T.M.C. Asser Instituut participate. The editors of the present book acted as academic co-chairs of the Conference.

Inhalt
Effective Remedies for ALL?: Universalizing the Battle against Impunity.- Defining, Suppressing and Trying Genocide A Path Towards Accountability and Justice.- The Need for a Comprehensive AntiTerrorism Convention?.- Head of State Immunity for Former Leaders.- Truth Commissions, Accountability and the International Criminal Court.- Judicial Review of Internationally-enacted Anti-terror Measures: Problems and Prospects.- Corporate Liability for Human Rights Crimes.- Cross-Fire Discussion of Lessons Learned from the Trials of Slobodan Miloevi?, Charles Taylor, and Saddam Hussein.- International Humanitarian Intervention in the Post-September 11 Era.- The Plundering of Natural Resources and the Destruction of the Environment in Times of Armed Conflict.- Future of the ICC.- Dealing with Present-day Conduct of Hostilities.