Digest Of Latin American Jurisprudence On International Crimes
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Digest Of Latin American Jurisprudence On International Crimes
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Author :
language : en
Publisher:
Release Date : 2010
Digest Of Latin American Jurisprudence On International Crimes written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Crimes against humanity categories.
The Role Of Courts In Transitional Justice
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Author : Jessica Almqvist
language : en
Publisher: Routledge
Release Date : 2013-06-17
The Role Of Courts In Transitional Justice written by Jessica Almqvist and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Law categories.
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Crime Violence And Justice In Latin America
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Author : Carlos Solar
language : en
Publisher: Routledge
Release Date : 2022-12-30
Crime Violence And Justice In Latin America written by Carlos Solar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with categories.
This book asks why crime and violence persist in Latin America at extreme levels and why the states have not been able to more effectively solve this problem that dominates the lives of many millions of Latin Americans. Informed by diverse disciplinary backgrounds, the book brings together a team of regional experts to discuss research-based explanations on some of Latin America's most pressing criminal and violent issues distressing the rule of law. First, it examines old and new forms of observing crime upon perpetrators and victimized communities. Second, it explores the geographies of urban and rural violence and the entangled politics following organized criminality. Third, it questions how the transfer of policy knowledge and expertise reshapes local security governance, and, more importantly, critically examines the problems in implementing foreign models and paradigms in the Latin American context. Finally, it exposes the everchanging scenario of policy-making and prosecuting crime and homicide. Crime, Violence, and Justice in Latin America provides new themes and novel trends on what crime and violence mean in the eyes of observers, perpetrators, policymakers, governmental officials, and victims. It is an important acquisition for policy makers and academics alike.
Transitional Justice In Latin America
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Author : Elin Skaar
language : en
Publisher: Routledge
Release Date : 2016-10-27
Transitional Justice In Latin America written by Elin Skaar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
The Law And Practice Of The International Criminal Court
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Law And Practice Of The International Criminal Court written by Carsten Stahn 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 2015 with Law categories.
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.
A Theory Of Punishable Participation In Universal Crimes
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Author : Terje Einarsen
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2018-12-07
A Theory Of Punishable Participation In Universal Crimes written by Terje Einarsen and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Law categories.
This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.
British Justice War Crimes And Human Rights Violations
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Author : Susan L. Kemp
language : en
Publisher: Springer Nature
Release Date : 2019-09-26
British Justice War Crimes And Human Rights Violations written by Susan L. Kemp and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Political Science categories.
This book examines the UK approach to investigating international crimes and serious human rights violations. In 2010, the United Nations Secretary General referred to the emerging system of international justice, including the creation of the International Criminal Court, as the ‘Age of Accountability.’ However, the UK has sometimes struggled to comply with its international law obligations. Using examples from the post-World War II period to 2018, interviews with leading UK military lawyers and newly disclosed official documents, this work explains the legal duties, how the UK military and civilian justice systems investigate alleged military misconduct and highlights the challenges involved. It provides suggestions on strengthening domestic law and policy and its importance for the UK’s legitimacy as an exporter of rule of law expertise. This text is essential reading for practitioners, academics, government officials and students of international, criminal, humanitarian or human rights law.
The Rome Statute As Evidence Of Customary International Law
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Author : Yudan Tan
language : en
Publisher: BRILL
Release Date : 2021-08-09
The Rome Statute As Evidence Of Customary International Law written by Yudan Tan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-09 with Law categories.
In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.
The International Criminal Court And Nigeria
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Author : Muyiwa Adigun
language : en
Publisher: Routledge
Release Date : 2017-12-14
The International Criminal Court And Nigeria written by Muyiwa Adigun and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-14 with Law categories.
If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.
Criminalizing Atrocity
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Author : Mark S. Berlin
language : en
Publisher: Oxford University Press
Release Date : 2020-03-25
Criminalizing Atrocity written by Mark S. Berlin 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 2020-03-25 with Political Science categories.
Why do countries adopt criminal legislation making it possible to prosecute government and military officials for human rights violations? Over the past thirty years, dozens of countries have prosecuted their own or other states' officials for past atrocities. In Criminalizing Atrocity, Mark Berlin tells the story of the global spread of national criminal laws against atrocity crimes - genocide, war crimes, and crimes against humanity - laws that have helped pave the way for this remarkable trend toward greater accountability. He traces the early 20th-century origins of national atrocity laws to a group of influential European criminal law scholars and explains the global patterns by which these laws have since spread. Berlin shows that understanding why countries criminalize atrocities requires understanding how they do so. In many cases, criminalization has not been the result of concerted government initiative, but of inconspicuous choices made by technocratic legal experts who have been delegated authority to draft large-scale reforms to countries' national criminal codes. Drawing on research in comparative law and norm diffusion, Berlin explains how such reform projects prompt technocratic drafters to select legal ideas, like atrocity laws, that have been endorsed by their professional communities and deemed by drafters to be important features of a ''modern'' criminal code. To test this argument, Berlin draws on original quantitative and qualitative data, including in-depth case studies of Guatemala, Poland, Colombia, and the Maldives, and a new, comprehensive dataset tracking the global spread of atrocity laws since Word War II. The book's findings highlight the importance of professional communities in the modern renaissance of atrocity justice and the domestication of international legal norms.