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A Century of War and Peace

Asia-Pacific Perspectives on the Centenary of the 1899 Hague Peace Conference

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Edited by Timothy L.H. McCormack, Michael Tilbury and Gillian D. Triggs

This, the first volume in the new series Melbourne Studies in Comparative and International Law, contains the revised and updated versions of papers presented to the Asia-Pacific Regional Conference, held at The University of Melbourne, to commemorate the centenary of the 1899 Hague Peace Conference and the 50th anniversary of the 1949 Geneva Conventions. Within the context of the Asia-Pacific region, the collection, by a wealth of international scholars and expert practitioners, explores the major issues addressed at the Conference in 1899, including the peaceful settlement of disputes, international humanitarian law, and arms control and disarmament.

Protecting Cultural Property in Armed Conflict

An Insight into the 1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict

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Edited by Nout van Woudenberg and Liesbeth Lijnzaad

In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.

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Edited by Yuki Tanaka, Timothy L.H. McCormack and Gerry Simpson

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.

Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.

Ernst Hirsch Ballin

One needs to learn from the experience of the individual, from specific real-life situations, where and how the law can promote justice. This is a desideratum that goes beyond the mere question of whether the application of a rule is compatible with fundamental rights and human rights treaties. Law that acknowledges human dignity, the first desideratum that follows from the acknowledgement of that human dignity as the most basic fundamental right, operates in a dynamic of detachment to ensure equality and proximity to the individual to reflect the uniqueness of the lives we live. To illustrate the author takes a number of examples from those fields of law that impinge most closely on the lives of individuals – criminal law, family law, and immigration law. It is there that the law touches on the intimacy of human lives. Perhaps paradoxically, the importance of this is heightened by the formation of the cross-border, European, and global networks of relationships that increasingly shape our lives. The interconnectedness of our lives and how that transcends the boundaries of culture, language, and state determines the realities of the law in the twenty-first century and requires us to consider carefully the interconnection of the general with the personal.

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Edited by Daniel Warner

This work brings together the papers presented at a conference on `New Dimensions of Peacekeeping' which was convened at the Graduate Institute of International Studies in Geneva in March 1994. The papers address the new role of peacekeeping (including peacekeeping and peace enforcement) which is now emerging and also places an emphasis upon the role of the `newcomers' in peacekeeping, specifically Japan and Germany. The collection of papers, by many distinguished scholars in the field, actively discusses both the strengths and weaknesses of the United Nations peacekeeping efforts in meeting the increasing demands placed upon it due to the enormous upsurge in ethnic, religious and other local conflicts.

`The 1990s have seen wide swings in public opinion towards United Nations Peacekeeping. The euphoria and high expectations regarding what the United Nations can deliver have been replaced by the rude shocks and deflated assessments of its capacity to successfully cope with conflicts. In this context, it would be highly desirable that a judicious balance be struck in the evaluation of United Nations peacekeeping activities, which takes fully into account the great potential they have for contributing to international peace and security and to the reduction of human suffering. At the same time, such a review should include a candid discussion regarding the weaknesses and shortcomings of peacekeeping activities. '
(Excerpt from the Introduction by Yasushi Akashi, Chief of Mission of the United Nations Protection Force (UNPROFOR) in the former Yugoslavia)

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Edited by The Markland Group

The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals.
These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties.
The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.

Moscow's Road to Nuremberg

The Soviet Background to the Trial

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George Ginsburgs

Recent events in former Yugoslavia and Rwanda have revived diplomatic interest in measures contemplating concerted action directed at the suppression and punishment of war crimes. Indeed, steps have already been initiated to set up war crimes tribunals to prosecute those responsible for such atrocities. Not to be outdone, Yeltsin's Foreign Minister has also issued a call for public discussion of the idea of `creating a system of international criminal justice with regard to crimes against peace and humanity, other international violations of the law.' The precedents of the Second World War in this venue thus seem relevant once again. Since the Soviet Union played a leading role in paving the way for the Nuremberg trial and respective proceedings before national tribunals, and Russia - as self-proclaimed heir and successor to the USSR - continues to exercise a great deal of influence in these matters today, a look at Moscow's doctrinal and practical scorecard may prove useful for future reference.
The present study explores the Soviet regime's contribution to the prehistory of the Nuremberg trial, i.e., the repertory of official acts and pronouncements as well as scholarly treatment of issues which ultimately shaped the legal complexion of the Nuremberg test. Our focus in this case is on the mode of development of the style and substance of the bill of indictment until the day of the court's opening session from the standpoint of Moscow's stake in the operation. The views recorded during the trial in primary or secondary sources or those expressed later are taken into account only if they shed light on the preparatory stages of the drama. The subsequent evolution of Moscow's thoughts on the subject deserves a separate full-scale analysis.

Chang Li Lin and Nassrine Azimi

In March 2000, the United Nations Secretary-General convened an international panel to conduct a major study on United Nations Peace Operations. Chaired by former Algerian Foreign Minister and current Under-Secretary-General, Lakhdar Brahimi, the Panel was tasked to conduct a wide-ranging study and analysis over lessons learned from past operations such as those in Rwanda and Somalia, as well as current missions in Kosovo, East Timor, and the Democratic Republic of the Congo.
The Panel looked at how peacekeeping missions could achieve greater efficiency and success in attaining the key objectives of maintaining peace and promoting reconciliation and reconstruction. It also reviewed the context within which peacekeeping missions took place, the resources and limitations of the United Nations Department of Peacekeeping Operations (DPKO) specifically, and the modality, efficacy, and extent of assistance rendered by the `international community' within the framework of peacekeeping and peace-building in general.
The fifth in a series of conferences organised on lessons learnt from peacekeeping operations was held under the auspices of the United Nations Institute for Training and Research (UNITAR), the Institute of Policy Studies (IPS) of Singapore and the Japan Institute of International Affairs (JIIA). Throughout two intense days in Singapore, in April 2001, an eminent group of academics, government officials, representatives of international organisations, representatives from ongoing UN Missions, and military scholars gathered behind closed doors to reflect upon the recommendations of the Brahimi Report and the obstacles to reform of peacekeeping.
This volume contains all the papers presented at that event. It also includes the Co-Chairs' Summary and Recommendations. The Report is a summary of the many animated debates that took place during the conference. Recommendations of the Co-Chairs have been drawn from the broad range of opinions and insights from the conference. The findings and reactions of the participants to the Brahimi Report should give policy-makers, researchers, and international affairs analysts a candid review and critique of past experiences that is essential to the comprehension of the failures of current peacekeeping and requirements for future success.

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Edited by Gert de Nooy

This book aims at defining a rationale for the continued use of military armed force(s) by states. Central to this publication are the answers to fundamental questions pertaining to the convention of war, as formulated by Martin van Creveld: `to define just who is allowed to kill whom, for what ends, under what circumstances, and by what means'. Above all, the authors take into account developments and trends within the elements of the Clausewitzian trinity supporting the Westphalian nation-state: `The People (or the Society)', `The Government' and 'The Armed Forces (or The Military)'.
The change in the Atlantic-European security environment, and the effects that this will have on the form and content of national and multilateral security strategies and doctrines, form the background to this publication. Moreover, the possible impact of societal changes on West European states, as a consequence of European integration, are analysed and discussed. Finally, the consequences of 'out-of-area' and police-type functions for armed forces in addition to the classical defence role are related to the size and composition of future forces.
First, in Chapters Two (Martin van Creveld) and Three (Jan Geert Siccama), the Clausewitzian dictum, trinitarian theory, and the - absence of - alternative theories of warfare are discussed. Next, Chapters Four (Zeev Maoz) and Five (Jan van der Meulen) deal with societal changes and trends within Western Society at large which affect the future use of armed forces. Chapters Six (Koen Koch) and Seven (Jaap de Wilde) concentrate on the future relevance of the nation-state and the governing bodies in relation to the ongoing process of European political integration and multilateralization of diplomatic interaction. Chapters Eight (Jan Willem Honig), Nine (Kees Homan), and Ten (Robert Bunker) address how present-day changes and trends affect the armed forces. Respectively, the authors address issues relating to military strategy, personnel, and technology. Finally, Chapter Eleven (Gert de Nooy and Rienk Terpstra) provides an overview of topical highlights and tentative conclusions emanating from both the chapters and the discussions held during the workshop held in conjunction with this book.
This book will be of interest to European policy-makers, defence planners, officers-under-training in military and defence academies, and students of international relations, political science and security.

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Edited by Ola Engdahl and Pål Wrange

The authors of this volume have been inspired by the scholar to which this Liber Amicorum is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo.
This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals.

The volume also contains a bibliography and a presentation of Professor Bring's work.