Atrocity Crimes And International Law

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Atrocity Crimes And International Law

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Author : Stacey Henderson
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-31

Atrocity Crimes And International Law written by Stacey Henderson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-31 with Law categories.

Despite repeated declarations of ‘never again’ in response to the commission of atrocities, civilians have continued to be targeted by their leaders and opposition groups. The international law principles of sovereignty and non-intervention, when taken at their highest, require States to stand idle and not intervene in another State regardless of what atrocities may be occurring there. This traditional legal view is being challenged by an emerging practice of States choosing to respond in non-forceful ways, inspired by the concept of the Responsibility to Protect (R2P). Drawing on R2P, this book introduces and develops an original conceptual tool –intercession –to capture and explain this change in State practice and the impact of R2P on the development of international law. Through a close examination of State practice, the work explores whether there has been an expansion in the permissible measures and situations in which States can intervene, without using force, in response to atrocity crimes occurring in other States. This book concludes that the development of the secondary duty on the international community under R2P provides the greatest opportunity to progress the R2P framework in a meaningful way, which will have a significant impact on the protection of populations from atrocity crimes. The book will be essential reading for students, researchers and policymakers working in the areas of international law, international relations, humanitarian law, and peace and security studies.

Atrocity Punishment And International Law

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Author : Mark A. Drumbl
language : en
Publisher: Cambridge University Press
Release Date : 2007-04-30

Atrocity Punishment And International Law written by Mark A. Drumbl and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-30 with Law categories.

This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Translating Guilt

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Author : Cassandra Steer
language : en
Publisher: Springer
Release Date : 2017-02-26

Translating Guilt written by Cassandra Steer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-26 with Law categories.

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.

Invisible Atrocities

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Author : Randle C. DeFalco
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-17

Invisible Atrocities written by Randle C. DeFalco and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-17 with Law categories.

This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.

Standing Up For Justice

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Author : Theodor Meron
language : en
Publisher: Oxford University Press
Release Date : 2021

Standing Up For Justice written by Theodor Meron 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 2021 with Law categories.

Judge Theodor Meron addresses the key questions facing the international criminal justice system, drawing on two decades of experience as an international judge and a distinguished academic career. He provides insights into judicial independence and the principle of fairness in trying cases before international criminal courts and tribunals.

Existing Legal Limits To Security Council Veto Power In The Face Of Atrocity Crimes

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Author : Jennifer Trahan
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-13

Existing Legal Limits To Security Council Veto Power In The Face Of Atrocity Crimes written by Jennifer Trahan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-13 with Law categories.

The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.

The Roles And Functions Of Atrocity Related United Nations Commissions Of Inquiry In The International Legal Order

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Author : Catherine Harwood
language : en
Publisher: BRILL
Release Date : 2020-01-13

The Roles And Functions Of Atrocity Related United Nations Commissions Of Inquiry In The International Legal Order written by Catherine Harwood and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-13 with Law categories.

In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores how United Nations inquiries navigate considerations of principle and pragmatism to discern their identity in the international legal order.

Accountability For Human Rights Atrocities In International Law

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Author : Steven R. Ratner
language : en
Publisher: Oxford University Press
Release Date : 2009

Accountability For Human Rights Atrocities In International Law written by Steven R. Ratner 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 2009 with History categories.

This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.

Transitional Justice And A State S Response To Mass Atrocity

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Author : Jacopo Roberti di Sarsina
language : en
Publisher: Springer
Release Date : 2019-03-26

Transitional Justice And A State S Response To Mass Atrocity written by Jacopo Roberti di Sarsina and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Essays On International Criminal Justice

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Author : Héctor Olásolo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-01-09

Essays On International Criminal Justice written by Héctor Olásolo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-09 with Law categories.

Crimes of atrocity have profound and long-lasting effects on any society. The difference between triggering and preventing these tragic crimes often amounts to the choice between national potential preserved or destroyed. It is also important to recognise that they are not inevitable: the commission of these crimes requires a collective effort, an organisational context, and long planning and preparation. Thus, the idea of strengthening preventative action has taken on greater relevance, and is now encompassed in the emerging notion of 'responsibility to prevent'. International courts and tribunals contribute to this effort by ending impunity for past crimes. Focusing investigations and prosecution on the highest leadership maximises the impact of this contribution. The ICC has an additional preventative mandate which is fulfilled by its timely intervention in the form of preliminary examinations. Moreover, when situations of atrocity crimes are triggered, its complementarity regime incentivises states to stop violence and comply with their duties to investigate and prosecute, thus strengthening the rule of law at the national level. The new role granted to victims by the Rome Statute is key to the ICC ́s successful fulfilment of these functions. This new book of essays, which includes the author's unpublished inaugural lecture at Utrecht University, examines these issues and places particular emphasis on the additional preventative mandate of the ICC, the ICC complementarity regime, the new role granted to victims, and the prosecution of the highest leadership through the notion of indirect perpetration. 'The work of Professor Olasolo breaks new ground in the academic field of international criminal law, as an analysis of the system as a whole. I therefore wish to express my congratulations for this work.' From the Foreword by Luis Moreno Ocampo Prosecutor, International Criminal Court, The Hague, 27 April 2011 '[Professor Hector Olasolo's] compilation provides an enormous source of easy reference to students, academia and legal actors in the field of international law. A look at the titles compiled in this volume demonstrates the present challenges to international criminal justice'. From the Preliminary Reflections by Elizabeth Odio Benito Judge and Former Vice-President, International Criminal Court, The Hague, May 2011 'This collection, written by a brilliant and prolific scholar and practitioner of international criminal justice, is an insightful and important contribution to the existing literature...Each chapter in this collection is copiously footnoted and thoroughly researched, making it an important reference tool for scholars and practitioners in the field. Additionally and importantly, the chapters explore, without polemic, areas of controversy and dissent and thoughtfully and scrupulously set forth arguments for and against particular doctrinal choices.' From the Introduction by Leila Nadya Sadat Henry H Oberschelp Professor of Law and Director, Whitney R Harris World Law Institute, Washington University School of Law; Alexis de Tocqueville Distinguished Fulbright Chair, Université de Cergy-Pontoise, Paris, Spring 2011