At 12:21 p.m., on October 19, 2005, Saddam Hussein was escorted into the Courtroom of the Iraqi High Tribunal in Baghdad for one of the most important and chaotic trials in history. For a year, two American law professors had led an elite team of experts who prepared the judges and prosecutors for “the mother of all trials.” Michael Scharf, a former State Department official who helped create the Yugoslavia Tribunal in 1993, and Michael Newton, then a professor at West Point, would confront such issues as whether the death penalty should apply, how to run a fair trial when political and military passions run so high, and which of Saddam’s many crimes should be prosecuted. Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.

Enemy of the State: The Trial and Execution of Saddam Hussein

History

Scharf, Michael P.

Newton, Michael A.

Middle East

St.Martin's Press

Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser

Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book. Visit http://www.booktv.org/Program/11239/Shaping+Foreign+Policy+in+Times+of+Crisis+The+Role+of+International+Law+and+the+State+Department+Legal+Adviser.aspx to watch a video of the authors talking about their book on C-SPAN Book TV on Saturday, February 6, 2010.

Williams, Paul R.

Americas

Cambridge University Press

Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book. Visit http://www.booktv.org/Program/11239/Shaping+Foreign+Policy+in+Times+of+Crisis+The+Role+of+International+Law+and+the+State+Department+Legal+Adviser.aspx to watch a video of the authors talking about their book on C-SPAN Book TV on Saturday, February 6, 2010.

Peace with Justice?: War Crimes and Accountability in the Former Yugoslavia (The New International Relations of Europe)

Resolving the Yugoslav conflict was the last great foreign policy challenge of the twentieth century. Never before in history was so much emphasis placed on the need to employ the concept of justice in the peace process or was so much energy devoted to creating and utilizing international justice-based institutions. In this provocative and insightful book, two former State Department lawyers, Paul R. Williams and Michael P. Scharf, undertake to tell the true story, "warts and all," of the role of justice in building peace in the former Yugoslavia.During the Yugoslav conflict, Serb leader Slobodan Milosevic was transformed from a key partner in peace to an indicted war criminal, who now sits in a 10 x 17 foot cell at the International Criminal Tribunal in The Hague. But the road from accommodation to accountability in the Balkans was anything but smooth. Based on their personal experience, extensive research, and interviews with key players in the Yugoslav peace-building process, Williams and Scharf provide a gripping account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. All too often human rights and peace advocates treat justice as a panacea for conflict and atrocities, while self-proclaimed realists and professional diplomats dismiss justice as an impediment to peace. Williams and Scharf demonstrate that the truth lies in between. Their definitive study provides a novel framework for understanding the utility of justice as well as its practical limits as a diplomatic tool so that it can be more effectively applied in resolving future conflicts around the globe.

Foreign & International Law

Rowman & Littlefield Publishers

Resolving the Yugoslav conflict was the last great foreign policy challenge of the twentieth century. Never before in history was so much emphasis placed on the need to employ the concept of justice in the peace process or was so much energy devoted to creating and utilizing international justice-based institutions. In this provocative and insightful book, two former State Department lawyers, Paul R. Williams and Michael P. Scharf, undertake to tell the true story, 'warts and all,' of the role of justice in building peace in the former Yugoslavia. During the Yugoslav conflict, Serb leader Slobodan Milosevic was transformed from a key partner in peace to an indicted war criminal, who now sits in a 10 x 17 foot cell at the International Criminal Tribunal in The Hague. But the road from accommodation to accountability in the Balkans was anything but smooth. Based on their personal experience, extensive research, and interviews with key players in the Yugoslav peace-building process, Williams and Scharf provide a gripping account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. All too often human rights and peace advocates treat justice as a panacea for conflict and atrocities, while self-proclaimed realists and professional diplomats dismiss justice as an impediment to peace. Williams and Scharf demonstrate that the truth lies in between. Their definitive study provides a novel framework for understanding the utility of justice as well as its practical limits as a diplomatic tool so that it can be more effectively applied in resolving future conflicts around the globe.

The Human Rights Module provides an up-to-date exploration of the "core" international crimes most often associated with human rights infractions for those interested in human rights and for use in international law courses, human rights courses, or seminars. "Core" crimes include crimes against humanity, genocide, other crimes against human rights (such as torture, criminalized race discrimination, apartheid, hostage-taking, and disappearances), and war crimes. There is also a separate chapter on sanctions against Karadzic that applies many of the core crimes in both criminal and civil sanctions arenas (before the International Criminal Tribunal for former Yugoslavia and the U.S. federal courts) with respect to one setting: the conflict in Bosnia-Herzegovina. This book is an excellent resource for courses focusing on crimes against humanity, genocide, and other crimes against human rights (and/or war crimes). Author Jordan J. Paust presents cases and materials in Part One and documents in Part Two. These sections may be used separately or in different groupings as relevant to particular needs. Non-scholarly readers interested in human rights will also find the book informative. 
A teacher's manual is also available.

Human Rights Module : On Crimes Against Humanity, Genocide, Other Crimes Against Human Rights Warcrimes

Bassiouni, M. Cherif

Paust, Jordan J.

Williams, B.

Gurule, Ji

Carolina Academic Pr

Balkan Justice: The Story Behind the First International War Crimes Trial Since Nuremberg

This problem-oriented coursebook is designed to expose students to the most significant current legal issues relating to international organizations in a stimulating format. Each chapter begins with a roll-play exercise or simulation in the form of an introductory problem, which places the subsequent material (excerpts from international conventions, negotiating history, decisions by international organizations, international and domestic judicial opinions, diplomatic correspondence, and scholarly articles) in an exciting and realistic context. The book is organized into twenty-two chapters. Although it covers issues relevant to many kinds of international organizations, the book focuses mainly on international organizations that are within the U.N. system, including the U.N. Secretariat, General Assembly, Security Council, Sanctions Committee, Credentials Committee, International Court of Justice, Human Rights Commission, International Financial Institutions, and International Criminal Tribunals. Scharf addresses such issues as political obstacles to the effective functioning of international organizations, interpretation of the Charters and regulations governing international organizations, questions of financing, credential challenges, succession problems, privileges and immunities disputes, efforts at Security Council reform, application and interpretation of U.N. sanctions resolutions, U.N. peacekeeping controversies, the issue of humanitarian intervention, and the role of international law in U.N. organized peace negotiations. A teacher's manual is forthcoming.

The Law of International Organizations: Problems and Materials (Carolina Academic Press Law Casebook Series)

Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments

This is the first book to explore the concept of "Grotian Moments." Named for Hugo Grotius, whose masterpiece De Jure Belli ac Pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia, and the 9/11 terrorist attacks.

See the best price to sell, buy, or rent books by Scharf, Michael P.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Scharf, Michael P.

See the best price to sell, buy, or rent books by Scharf, Michael P.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Enemy of the State: The Trial and Execution of Saddam Hussein

Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser

Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser

Peace with Justice?: War Crimes and Accountability in the Former Yugoslavia (The New International Relations of Europe)

Peace with Justice?: War Crimes and Accountability in the Former Yugoslavia (The New International Relations of Europe)

Human Rights Module : On Crimes Against Humanity, Genocide, Other Crimes Against Human Rights Warcrimes

Balkan Justice: The Story Behind the First International War Crimes Trial Since Nuremberg

The Law of International Organizations: Problems and Materials (Carolina Academic Press Law Casebook Series)

Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments

Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments