Law, War and Crime: War Crimes, Trials and the Reinvention of International Law PDF
Preview Law, War and Crime: War Crimes, Trials and the Reinvention of International Law
Law, War and Crime Law, War and Crime War Crimes Trials and the Reinvention of International Law GERRY SIMPSON polity Copyright © Gerry Simpson 2007 The right of Gerry Simpson to be identifi ed as Author of this Work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. First published in 2007 by Polity Press Polity Press 65 Bridge Street Cambridge CB2 1UR, UK Polity Press 350 Main Street Malden, MA 02148, USA All rights reserved. Except for the quotation of short passages for the purpose of criticism and review, no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publisher. ISBN-10: 0-7456-3022-7 ISBN-13: 978-07456-3022-9 ISBN-10: 0-7456-3023-5 (pb) ISBN-13: 978-07456-3023-6 (pb) A catalogue record for this book is available from the British Library. Typeset in 11.25 on 13 pt Dante by SNP Best-set Typesetter Ltd, Hong Kong Printed and bound in Great Britain by Replika Press The publisher has used its best endeavours to ensure that the URLs for external websites referred to in this book are correct and active at the time of going to press. However, the publisher has no responsibility for the websites and can make no guarantee that a site will remain live or that the content is or will remain appropriate. Every effort has been made to trace all copyright holders, but if any have been inadvertently overlooked the publishers will be pleased to include any necessary credits in any subsequent reprint or edition. For further information on Polity, visit our website: www.polity.co.uk This book is dedicated to my mother, Mary Simpson, and to the memory of my father, Gordon Simpson. Contents Acknowledgements viii Preface 1 1 Law’s Politics: War Crimes Trials and Political Trials 11 2 Law’s Place: Internationalism and Localism 30 3 Law’s Subjects: Individual Responsibility and Collective Guilt 54 4 Law’s Promise: Punishment, Memory and Dissent 79 5 Law’s Anxieties: Show Trials 105 6 Law’s Hegemony: The Juridifi cation of War 132 7 Law’s Origins: Pirates 159 8 Law’s Fate 178 Notes 180 Select Bibliography 194 Index 210 vii Acknowledgements This book would have remained unfi nished but for the generosity of the LSE Law Department, and, in particular, Chris Greenwood, Hugh Collins and Rob Reiner, the Department’s Convenors during the period when I wrote the bulk of it. In the fi nal stages of writing, Melbourne Law School, at very short notice, and again, gave me the space and support to help me work. Thanks to Jenny Morgan, Tim McCormack and Michael Crommelin. Deborah Cass, Alejandro Chehtman, Rob Cryer, Sarah Finnan, Jessica Gavron, Tim McCormack, Alexandra Milenov, Bruce Oswald, Vladimir Petrovic, Declan Roche, Philippe Sands, Ruti Teitel, Raynor Thwaites and Jon Turner read extracts from the book and offered wise counsel. Two anony- mous reviewers took their jobs very seriously. An American reviewer sent pages of (alarmingly) pertinent insights. I hope he considers this time well spent. My parents-in-law, Moss and Shirley Cass, housed and fed me for six months in Melbourne at the beginning of 2006. This book, the writing of which had been endlessly deferred, was completed during those months. My wife, Deborah, gave me the time to complete this book at a time when I had no right to ask for it. My LSE graduate classes have been a joy to teach. The International Criminal Law students from 2000–6 know who they are and will recognize their role in shaping these ideas. Louise Knight combined patience and persistence as Commissioning Editor. Her assistant, Emma Hutchinson, prepared the ground for submis- sion of the manuscript. Belle Mundy’s assiduous copy editing improved greatly the published version of this book. A fragment of chapter 1 began its life as ‘Concepts of the Political’, a chapter in The Permanent International Criminal Court: Legal and Policy Issues, eds Dominic McGoldrick, Peter Rowe and Eric Donnelly (Hart Publishing, 2004). The fi nal chapter appears in various truncated forms: as ‘Piracy and the Origins of Enmity’ in Time, History and International Law, eds Matthew viii Acknowledgements ix Craven, Malgosia Fitzmaurice and Maria Vogiatzi (Nijhoff Publishers, 2006), and as ‘Enemies of Mankind’ in Ethics, Law and Society Volume II, eds J. Gunning and S. Holm (Ashgate, 2006). This is a book about war. It seems appropriate to note, then, that my grandfather, William ‘Blake’ Simpson, whom I never met, served in the Gordon Highlanders during the Great War. My Dad, Gordon Simpson, was in Singapore, with the RAF, at the end of the Second World War. He died, just before I fi nished writing this book, in November, 2005.
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