Law, War and Crime: War Crimes, Trials and the Reinvention of International Law

by Gerry Simpson

From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague.
Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime.
Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

Genres: Law

240 pages, Hardcover

First published August 22, 2007

Reviews

[Bandar · Rating 5 out of 5]

Sophisticated critique of international law, observing the tensions between individual guilt and generalizable culpability, between law and politics, and between the idea that war is at best an error and at worst a crime. Distancing himself from the conventional wisdom that international law is sacrosanct and uncontaminated by politics, Simpson instead argues that international law in the 21st century is constituted entirely by these tensions and cannot exist except in a state of contradiction. Packs a punch and written in an irresistibly pugilistic style.

[Naomi · Rating 4 out of 5]

When I first read this I found it fascinating as a law student interested in transitional justice. But then I sat down to write my paper and realized how many criticisms I had of his presentation and his organization and a number of specific points. The more time I spend with this book, the less I like it. But he does provide some important insights about the law-politics tensions.

[Sarah · Rating 4 out of 5]

A good accompaniment to Gerry's university course on International Criminal Law. A bit wordy at times (even for another lawyer!), but overall an interesting read for anyone interested in International criminal law.

[Vaida Nikšaitė]

Puiki monografija apie tarptautinius baudžiamuosius teismus ir karo nusikaltimų tribunolus, karo juridifikaciją ir teisingumo politizavimą. Tikrai gražiai suderinta istorinė perspektyva, teisės teorija ir politinė realybė.