Book contents
- Frontmatter
- Contents
- List of Figures
- List of Tables
- List of Contributors
- Foreword
- Preface
- Introduction
- Part I International Criminology
- Part II Law, Punishment, and Crime Control Philosophies of the World
- Part III Transnational Crime
- Part IV Organized Crime and Terrorism
- Part V International crime
- Part VI Delivering International Justice
- 44 The Role of the United Nations
- 45 Treaties and International Law
- 46 International Criminal Tribunals and Hybrid Courts
- 47 The International Criminal Court
- 48 The ICC and the Darfur Investigation
- 49 Victims’ Rights in the International Criminal Court (ICC)
- 50 Nongovernmental Organizations and International Criminal Justice
- 51 Global and Regional Human Rights Commissions
- 52 The Truth and Reconciliation Commission in South Africa
- 53 The Guatemalan Truth Commission
- Part VII International Cooperation and Criminal Justice
- Part VIII International Research and Crime Statistics
- Part IX International research resources
- World Map
- Index
- References
45 - Treaties and International Law
Published online by Cambridge University Press: 05 October 2014
- Frontmatter
- Contents
- List of Figures
- List of Tables
- List of Contributors
- Foreword
- Preface
- Introduction
- Part I International Criminology
- Part II Law, Punishment, and Crime Control Philosophies of the World
- Part III Transnational Crime
- Part IV Organized Crime and Terrorism
- Part V International crime
- Part VI Delivering International Justice
- 44 The Role of the United Nations
- 45 Treaties and International Law
- 46 International Criminal Tribunals and Hybrid Courts
- 47 The International Criminal Court
- 48 The ICC and the Darfur Investigation
- 49 Victims’ Rights in the International Criminal Court (ICC)
- 50 Nongovernmental Organizations and International Criminal Justice
- 51 Global and Regional Human Rights Commissions
- 52 The Truth and Reconciliation Commission in South Africa
- 53 The Guatemalan Truth Commission
- Part VII International Cooperation and Criminal Justice
- Part VIII International Research and Crime Statistics
- Part IX International research resources
- World Map
- Index
- References
Summary
INTRODUCTION
In 1815, the Treaty of Vienna, a multilateral treaty, banished Napoleon Bonaparte after his brutal invasion of Europe. This treaty was a sanction as well as a preventive measure against future aggression, and acted as precedent for the treatment of another sovereign, Wilhelm II of Hohenzollarne, the Kaiser of Germany (1859–1941), who was accused of committing horrific acts against civilians during World War I (Romano, Nollkaemper, & Kleffner, 2004). The Treaty of Versailles, signed in 1919, established a tribunal guided by international policy and international morality of that era to try Wilhelm II for crimes against the laws and customs of war. Kaiser Wilhelm argued that he was a victim of ex post facto or acts made criminal after the fact, and fled. The Netherlands, where he took refuge, refused to extradite Wilhelm (Jorgenson, 1999). Despite the failure to directly punish Kaiser Wilhelm, The Treaty of Versailles was evidence that under certain circumstances the world community would place limits on national sovereignty by international agreement or treaty.
The 1969 Vienna Convention defines a treaty as “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.” The 1986 Vienna Convention extends the definition of treaties to include international agreements involving international organizations as parties. Treaties are binding bilateral agreements, as between two States or multilateral agreements, as between several States. These agreements represent one area within the complex system of courts, agreements, customs, principles, and national laws that comprise international law.
- Type
- Chapter
- Information
- International Crime and Justice , pp. 343 - 349Publisher: Cambridge University PressPrint publication year: 2010