Impunity And Human Rights In International Law And Practice
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Impunity And Human Rights In International Law And Practice
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Author : Naomi Roht-Arriaza
language : en
Publisher: Oxford University Press
Release Date : 1995-07-13
Impunity And Human Rights In International Law And Practice written by Naomi Roht-Arriaza 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 1995-07-13 with Law categories.
As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.
Impunity And Human Rights In International Law And Practice
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Author : Naomi Roht-Arriaza
language : en
Publisher:
Release Date : 2023
Impunity And Human Rights In International Law And Practice written by Naomi Roht-Arriaza and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Human rights categories.
This volume focuses on impunity and human rights violations, a topic that has become highlighted in recent years as governments have moved from repression to democracy. Roht-Arriaza explores the basis in international law to investigate past human rights violations, to persecute perpetrators, and to provide redress for victims.
International Justice And Impunity
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Author : Nils Andersson
language : en
Publisher: SCB Distributors
Release Date : 2010-04-20
International Justice And Impunity written by Nils Andersson and has been published by SCB Distributors this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-20 with Political Science categories.
This book reflects a primary response by international civil society to US disregard for international law. It is a damning indictment of the Hiroshimas of our time. It provides a cogent elaboration of the international legal values to be defended, for humanity to triumph over the new wave of global barbarism brought about by the efforts of the United States to consolidate and extend the dimensions of its empire. Once the champion of the United Nations, the United States now skirts the Geneva Conventions, uses international humanitarian law as a pretext for intervention, engages in bombardments causing grave civilian losses, seeks to expand its options in relation to torture while continuing to render prisoners to countries known for its practice. Having failed in its effort to block the establishment of the International Criminal Court, the United States still refuses to ratify its Statute--even though the ICC Statute modified the rules of the 1977 Geneva Protocol and The Hague in an effort to satisfy the trajectory pursued by U.S. foreign policy. The United States' pursuit of a unilateral imperial policy based on military force destroys the credibility of the nascent international legal framework. Rather, the US is leading the world by example toward a future without rules or values, where humanity is subject to the whims of the more powerful. Former government officials, scholars, advocates and directors of international organizations operating at the highest level in the areas of international humanitarian law address the relevant international law, the threats thereto by US policy, its ramifications for the world system, and possible avenues of legal recourse.
The United Nations Principles To Combat Impunity A Commentary
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Author : Frank Haldemann
language : en
Publisher: Oxford University Press
Release Date : 2018-03-21
The United Nations Principles To Combat Impunity A Commentary written by Frank Haldemann 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 2018-03-21 with Law categories.
The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.
Amnesty For Crime In International Law And Practice
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Author : Andreas O'Shea
language : en
Publisher: BRILL
Release Date : 2002-02-01
Amnesty For Crime In International Law And Practice written by Andreas O'Shea and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-01 with Law categories.
This book contains a comprehensive and well-researched study of the relationship between municipal amnesty laws and developing principles of international criminal law. It pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states.
Anti Impunity And The Human Rights Agenda
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Author : Karen Engle
language : en
Publisher: Cambridge University Press
Release Date : 2016-12-15
Anti Impunity And The Human Rights Agenda written by Karen Engle 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 2016-12-15 with Law categories.
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
International Human Rights Law And Practice
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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-23
International Human Rights Law And Practice written by Ilias Bantekas 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 2020-04-23 with Law categories.
The only human rights textbook truly merging law with practice in a comprehensive and enjoyable manner.
The European Court Of Human Rights As A Pathway To Impunity For International Crimes
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Author : Sonja C. Grover
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-04-05
The European Court Of Human Rights As A Pathway To Impunity For International Crimes written by Sonja C. Grover 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 2010-04-05 with Law categories.
Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition...The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.
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.
International Law And The Fight Against Impunity
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Author : Federico Andreu Guzman
language : en
Publisher:
Release Date : 2015
International Law And The Fight Against Impunity written by Federico Andreu Guzman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Criminal investigation categories.