War Crimes Law Comes of Age: Essays

By Theodor Meron | Go to book overview

Preface

Developing international humanitarian law and enhancing its effectiveness by promoting individual criminal responsibility for people who commit serious violations of its norms have been at the focus of my concerns for a number of years. This volume reprints, in largely unedited form, several of my essays from various publications, as well as two chapters from my Clarendon books: "'Medieval and Renaissance Ordinances of War: Codifying Discipline and Humanity'" is taken from Henry's Wars and Shakespeare's Laws ( 1993); "'Geneva Conventions as Customary Law'" draws on Human Rights and Humanitarian Norms as Customary Law ( 1989).

A collection of essays inevitably lacks the unity and the coherence of a monograph. However, a picture of the historical evolution of international humanitarian and criminal law, slow at first, but dramatic since the beginning of the atrocities in the former Yugoslavia and Rwanda, somewhat compensates for this failure.

I greatefully acknowledge the permission extended by the following publishers to reprint essays from the indicated publications:

American Journal of International Law: "Shakespeare's Henry the Fifth and the Law of War"; "Common Rights of Mankind in Gentili, Grotius and Suàrez"; "Rape as a Crime Under International Humanitarian Law"; "The Time has Come for the United States to Ratify Geneva Protocol I"; "International Criminalization of Internal Atrocities; The Continuing Role of Custom in the Formation of International Humanitarian Law"; "Crimes and Accountability in Shakespeare; Classification of Armed Conflict in the Former Yugoslavia: Nicaragua's Fallout"; "War Crimes Law Comes of Age".

Columbia Journal of Transnational Law: "Francis Lieber's Code and Principles of Humanity".

Foreign Affairs: The Case for War Crimes Trials in Yugoslavia, reprinted by permission of FOREIGN AFFAIRS, Vol. 72, No. 3, 1993. Copyright 1993 by the Council on Foreign Relations, Inc.; Answering for War Crimes: Lessons from the Balkans, reprinted by permission of FOREIGN AFFAIRS, Vol. 76, No. 1, 1997. Copyright 1997 by the Council on Foreign Relations, Inc.

Military Law Review: "From Nuremberg to the Hague", reprinted by permission of the Military Law Review, from Department of the Army Pamphlet 27-100-149, Summer 1995, at 107.

Israel Yearbook on Human Rights: The Normative Impact on International Law of the International Tribunal for Former Yugoslavia.

-viii-

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