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JUSTICE FOR CRIMES AGAINST HUMANITY The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case—and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic—demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues—promoting the application of the law in an impartial and apolitical manner—while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts—scholars, practitioners, judges—explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field.
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Justice for Crimes Against Humanity Edited by
MARK LATTIMER and PHILIPPE SANDS
HART PUBLISHING OXFORD AND PORTLAND, OREGON 2003
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Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 5804 NE Hassalo Street Portland, Oregon 97213-3644 USA
© The editors and contributors severally 2003 The editors and contributors have asserted their right under the Copyright, Designs and Patents Act 1988, to be identified as the authors of this work. Hart Publishing is a specialist legal publisher based in Oxford, England. To order further copies of this book or to request a list of other publications please write to: Hart Publishing, Salters Boatyard, Folly Bridge, Abingdon Rd, Oxford, OX1 4LB Telephone: +44 (0)1865 245533 Fax: +44 (0) 1865 794882 email: