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On Bonifratrów Street
This book tells the exceptional story of how Michael Katz survived the Holocaust as a Jewish boy hiding 'in plain sight'.
Collective Guilt
The Holocaust came to an end in 1945, and slavery was abolished in the United States in 1865. Many of the individuals who directly experienced these horrific events are no longer living, but descendants of these victims claim to suffer lasting effects. However, these lingering traces of historical trauma extend even further: descendants of oppressors and perpetrators are often held to be responsible for the atrocities as well. Notions of collective guilt and punishment have been debated from the immediate aftermath of these atrocities to the present, with issues including reparations and admissions of guilt among the contentious topics. This compelling resource tackles this tough topic.
The Courtroom as a Space of Resistance
Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hear...
Reexamining Customary International Law
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
The Politics of Historical Memory and Commemoration in Africa
Essays in Memory of Jan-Georg Deutsch The volume observes some of the principles that drove Prof. Jan-Georg Deutsch's research: highlighting present-day politics for the way they shape historical remembrance, learning from people on the ground through fieldwork and oral history, and bringing various parts of the African continent into discussion with one another. From Cape Town to Charlottesville, many societies are grappling with historical consciousness and the production of public memory. In particular, how and why societies remember and forget, what should serve as symbols of collective memory, and whether there exists space for multiple memory cultures are questions being vigorously deb...
Arbitral Awards as Investments
The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of the existing tribunals’ approaches to date. In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions: - What is the fou...
Marketing Global Justice
A political economy analysis that explains international criminal law's hegemonic status in the understanding of global justice.
In Whose Name?
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and pr...
Commemorating and Forgetting
When the past is painful, as riddled with violence and injustice as it is in postapartheid South Africa, remembrance presents a problem at once practical and ethical: how much of the past to preserve and recollect and how much to erase and forget if the new nation is to ever unify and move forward? The new South Africa’s confrontation of this dilemma is Martin J. Murray’s subject in Commemorating and Forgetting. More broadly, this book explores how collective memory works—how framing events, persons, and places worthy of recognition and honor entails a selective appropriation of the past, not a mastery of history. How is the historical past made to appear in the present? In addressing ...
International Criminal Law
This book analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court, rather than giving favour to political action under the United Nations Charter. Issues discussed in the book include the controversies over the location of the crime of aggression in either law or politics, taking a legal approach to the problems outlined. Using examples from Libya, the Ivory Coast, and Kenya, the work will be of interest to those working in the areas of international criminal justice, international law, legal theory, and international relations.
