Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor


Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor
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Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor


Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor
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Author : Mohamed Othman
language : en
Publisher: Springer Science & Business Media
Release Date : 2005-12-10

Accountability For International Humanitarian Law Violations The Case Of Rwanda And East Timor written by Mohamed Othman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-10 with Law categories.


The book is a critical review of accountability conducted under the authority of the United Nations Security Council, by the International Criminal Tribunal for Rwanda (ICTR), and the United Nations Transitional Administration in East Timor (UNTAET). It is centred on two case studies: the 1999 events in Rwanda, and the 1999 mayhem in East Timor. The books subjects to testing cross-examination tools to hold accountable persons with „the greatest responsibility" for serious international humanitarian law violations.



Accountability For Human Rights Atrocities In International Law


Accountability For Human Rights Atrocities In International Law
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Author : Steven R. Ratner
language : en
Publisher: OUP Oxford
Release Date : 2009-01-29

Accountability For Human Rights Atrocities In International Law written by Steven R. Ratner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-29 with Political Science categories.


This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.



The Crime Of Conspiracy In International Criminal Law


The Crime Of Conspiracy In International Criminal Law
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Author : Juliet R. Amenge Okoth
language : en
Publisher: Springer
Release Date : 2014-05-13

The Crime Of Conspiracy In International Criminal Law written by Juliet R. Amenge Okoth and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-13 with Law categories.


This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.



Accountability For Atrocities


Accountability For Atrocities
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Author : Jane E. Stromseth
language : en
Publisher: Brill Nijhoff
Release Date : 2003

Accountability For Atrocities written by Jane E. Stromseth and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Crimes against humanity categories.


This book examines critical challenges in achieving accountability for genocide, crimes against humanity, and war crimes, focussing in particular on the relationship between national and international accountability mechanisms in pursuing key goals over the past decade. The essays in this volume provide an in-depth look at the goals and mechanisms of accountability in a variety of cases: the former Yugoslavia; Rwanda; Sierra Leone; Cambodia; Argentina and El Salvador; East Timor and Indonesia; and Belgium's prosecution of war crimes under its universal jurisdiction law. By analyzing the goals pursued in each case, the relationship between domestic and international mechanisms, the relative emphasis on criminal and non-criminal forms of accountability, and the effectiveness of the chosen approaches, this volume offers important lessons for the ICC and highlights the continuing need for innovative forms of international assistance to advance specific accountability goals in particular countries. Published under the Transnational Publishers imprint.



Indifference And Accountability


Indifference And Accountability
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Author : David J. Cohen
language : en
Publisher:
Release Date : 2006

Indifference And Accountability written by David J. Cohen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Crimes against humanity categories.




International Criminal Tribunals And Domestic Accountability


International Criminal Tribunals And Domestic Accountability
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Author : Patryk I. Labuda
language : en
Publisher: Oxford University Press
Release Date : 2023-05-17

International Criminal Tribunals And Domestic Accountability written by Patryk I. Labuda and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-17 with Law categories.


In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.



International Human Rights In Context


International Human Rights In Context
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Author : Henry J. Steiner
language : en
Publisher: Oxford University Press, USA
Release Date : 2008

International Human Rights In Context written by Henry J. Steiner and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


Completely revised and updated to bring it up to date with recent events, this popular textbook incorporates a wide range of carefully edited materials from both primary and secondary sources.



Transitional Justice And Rule Of Law Reconstruction


Transitional Justice And Rule Of Law Reconstruction
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Author : Padraig McAuliffe
language : en
Publisher: Routledge
Release Date : 2013-06-26

Transitional Justice And Rule Of Law Reconstruction written by Padraig McAuliffe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-26 with Law categories.


This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.



The Ashgate Research Companion To International Criminal Law


The Ashgate Research Companion To International Criminal Law
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Author : Yvonne McDermott
language : en
Publisher: Routledge
Release Date : 2016-03-23

The Ashgate Research Companion To International Criminal Law written by Yvonne McDermott and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.


International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.



Judicial Reconstruction And The Rule Of Law


Judicial Reconstruction And The Rule Of Law
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Author : Angeline Lewis
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-28

Judicial Reconstruction And The Rule Of Law written by Angeline Lewis and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-28 with Law categories.


Challenging the dominant rhetoric of international rule of law operations, this work reasserts the centrality of the community in building its own relationship with law, counselling military interveners to refocus exclusively on restoring security using their extraordinary powers under international law.