The Human Dimension of International Law Selected Papers of Antonio Cassese

by Cassese, Antonio; Gaeta, Paola; Zappalà, Salvatore

• ISBN13: 9780199232918
• ISBN10: 0199232911
• Format: Hardcover
• Copyright: 2008-08-30
• Publisher: Oxford University Press

Summary

This book collects together the most important papers of Antonio Cassese, the first President of the International Criminal Tribunal for the former Yugoslavia and chairman of the UN Commission of Inquiry into the crimes committed in Darfur.Written over a period of 25 years, from 1974 to 2001, the papers chart the development of Cassese's thought on the central issues that have shaped his life's work: the laws relating to armed conflict, respect of individual rights and the prosecution of individuals for international crimes.Emerging from the papers is Cassese's vision of the individual and human dignity as the lynchpin of the international legal system, and the need to balance the fact of statehood as an essential feature of modern international society with the protection of individual rights.In a new paper, written especially for the collection, Cassese looks back over the development of his understanding of international law and presents his current view of the issues discussed throughout the volume. The volume also features an exhaustive bibliography of Cassese's publications, andbiographical notes from Cassese's colleagues.By gathering together the most important writings of one of the pre-eminent figures in contemporary international criminal justice, this collection provides not only the definitive statement of Cassese's thought, but a unique insight into some of the key developments in international law over thelast quarter of the twentieth century.

Author Biography

Antonio Cassese (1937), Professor of International Law, University of Florence; former President of the Council of Europe Committee for the Prevention of Torture; former Judge and President of the International Criminal Tribunal for the former Yugoslavia; Chairman of the UN International Commission of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur; and a Member of the Institut de Droit International. Paola Gaeta (1967), Legal Assistant ICTY (1996/1997), PhD in Law, European University Institute (1997), Lecturer in international law University of Florence (1998/2001), Associate Professor of International Law (2001/2005) full professor of international law (since 2005). Visiting Fellow at the Lauterpacht Centre for International Law, Cambridge, UK (2006) and at the TMC Asser Institute, The Hague (2007). Salvatore Zappala (1972), Legal Assistant ICTY (1995/1997), PhD candidate European University Institute (1997/2000) Lecturer in international law University of Pisa (2001/2004), Associate Professor of International law University of Florence (2004/2006), Full Professor of International Law University of Catania (since 2006).

Table of Contents

Tables of Cases
Tables of Legislation
List of Main Publications of Antonio Cassese
Portraits of Antonio Cassese
L'inaccessible etoile
The Generous Cosmopolitan Taskmaster
Nino Cassese and the Sparrow's Feet
A Tribute to Professor Nino Cassese
An Attempt to Explain a Friendship
Soliloquy
Antonio Cassese
The Human Dimension of Wars
General	p. 3
Current Trends in the Development of the Law of Armed Conflict	p. 3
The Martens Clause: Half a Loaf or Simply Pie in the Sky?	p. 39
The Diffusion of Revolutionary Ideas and the Evolution of International Law	p. 70
Classes of Wars and Belligerents	p. 99
Wars of National Liberation and Humanitarian Law	p. 99
Civil War and International Law	p. 110
The Spanish Civil War and the Development of Customary Law Concerning Internal Armed Conflicts	p. 128
The Status of Rebels under the 1977 Geneva Protocol on Non-International Armed Conflicts	p. 148
Means of Warfare	p. 172
The Prohibition of Indiscriminate Means of Warfare	p. 172
Weapons Causing Unnecessary Suffering: Are They Prohibited?	p. 192
Means of Warfare: The Traditional and the New Law	p. 218
Military Occupation	p. 250
Powers and Duties of an Occupant in Relation to Land and Natural Resources	p. 250
Legal Considerations on the International Status of Jerusalem	p. 272
Our Common Rights
Torture and Inhuman or Degrading Treatment	p. 295
Prohibition of Torture and Inhuman or Degrading Treatment or Punishment	p. 295
Can the Notion of Inhuman and Degrading Treatment be Applied to Socio-Economic Conditions?	p. 332
A New Approach to Human Rights: The European Convention for the Prevention of Torture	p. 338
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Comes of Age	p. 364
Economic Assistance and Human Rights	p. 375
Foreign Economic Assistance and Respect for Civil and Political Rights: Chile - A Case Study	p. 375
A 'Contribution' by the West to the Struggle against Hunger: The Nestle Affair	p. 387
Fighting State and Individual Criminality
State 'Criminality' v. Individual's Criminal Liability	p. 403
Remarks on the Present Legal Regulation of Crimes of States	p. 403
On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law	p. 416
International Crimes of Individuals	p. 431
The International Community, Terrorism and Human Rights	p. 431
Terrorism is Also Disrupting Some Crucial Legal Categories of International Law	p. 448
Crimes Against Humanity: Comments on Some Problematical Aspects	p. 457
Respondeat Superior v. Subordinates' Liability	p. 475
Abraham and Antigone: Two Conflicting Imperatives	p. 475
Developments in International Criminal Justice	p. 499
The Statute of the International Criminal Court: Some Preliminnry Reflections	p. 499
Index	p. 529
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