The Rise and Fall of War Crimes Trials
From Charles I to Bush II

This is the first comprehensive analysis of the politics of war crimes trials.

Charles Anthony Smith (Author)

9781107023543, Cambridge University Press

Hardback, published 9 April 2012

328 pages
22.9 x 15.2 x 1.9 cm, 0.61 kg

'… a crucial linkage between the emergence of international criminal law and a new humanitarian law regime … The Rise and Fall of War Crimes Trials provides historical context for this emergence.' James Gondi, International Journal of Transitional Justice

This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

1. Introduction
2. Antecedents and origins of war crimes tribunals
3. The institutionalization of war crimes tribunals
4. Domestication of war crimes tribunals
5. Third-party war crimes tribunals
6. Globalization of war crimes tribunals through the International Criminal Court
7. The fall of war crimes tribunals: Afghanistan, Iraq, and the war on terror
8. Conclusion.

Subject Areas: International criminal law [LBBZ], International humanitarian law [LBBS], Law [L], War crimes [JWXK]