International Cooperation In Dealing With International Crimes Under International Criminal Law The Case Of The Khmer Rouge Tribunal


International Cooperation In Dealing With International Crimes Under International Criminal Law The Case Of The Khmer Rouge Tribunal
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International Cooperation In Dealing With International Crimes Under International Criminal Law The Case Of The Khmer Rouge Tribunal


International Cooperation In Dealing With International Crimes Under International Criminal Law The Case Of The Khmer Rouge Tribunal
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Author : Sopheada Phy
language : en
Publisher: GRIN Verlag
Release Date : 2010-04

International Cooperation In Dealing With International Crimes Under International Criminal Law The Case Of The Khmer Rouge Tribunal written by Sopheada Phy and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04 with categories.


Research Paper (undergraduate) from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace (United Nations-mandated University for Peace), language: English, abstract: Traditional international law considered the sovereignty of state as the core principle and state cannot be interfered by other states or international community even though it is failed to protect its people. The modern international law developed when the Peace of Westphalia was signed in 1648. With this development, the principle of sovereignty of state has been gradually replaced with the principle of international community as every state more or less is dependent, particularly in terms of economics and politics, in order to survive in the world community. In this regard, each state came into agreement on trade, diplomacy and so on with the others. So each is bound by international law either treaty, customary international law, or other sources of international law. Regarding the international crimes under international criminal law such as genocide, crimes against humanity, and war crimes, most of the states more or less are bound by them, significantly under the 1948-Convention on the Prevention and Punishment of the Crime of Genocide, 1968-Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the 2002-Rome Statute of the International Criminal Court (ICC). Throughout the history, a number of genocide, crimes against humanity and war crimes happened, but only were four ad hoc tribunals right away created to prosecute the criminals before the ICC came into being in 2002. Those are the 1945-Nuremberg Tribunal, the 1946- Tokyo Tribunal, the 1993-International Criminal Tribunal for the Former Yugoslavia, and the 1994-International Criminal Tribunal for Rwanda. However, such a thing was not undertaken in Cambodia after the Khmer Rouge regime collapse in 1979. T



Figuring Victims In International Criminal Justice


Figuring Victims In International Criminal Justice
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Author : Maria Elander
language : en
Publisher: Routledge
Release Date : 2018-06-12

Figuring Victims In International Criminal Justice written by Maria Elander and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-12 with Law categories.


Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.



The Extraordinary Chambers In The Courts Of Cambodia


The Extraordinary Chambers In The Courts Of Cambodia
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Author : Simon M. Meisenberg
language : en
Publisher: Springer
Release Date : 2016-03-30

The Extraordinary Chambers In The Courts Of Cambodia written by Simon M. Meisenberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-30 with Law categories.


This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.



The Khmer Rouge And The Crime Of Genocide


The Khmer Rouge And The Crime Of Genocide
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Author : Thomas Karl Forster
language : en
Publisher: Dike Publishers
Release Date : 2012

The Khmer Rouge And The Crime Of Genocide written by Thomas Karl Forster and has been published by Dike Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Cambodia categories.


More than one million people died in Cambodia from 1975 to 1979 under the regime of the Khmer Rouge. Thirty years later, a Cambodian court, supported by the UN, seeks to hold legally accountable those most responsible for the crimes committed. This study presents some of the major legal issues relevant to possible genocide charges against the Khmer Rouge at the Extraordinary Chambers in the Courts of Cambodia. The first part of the book examines the basic structure and elements of the crime of genocide under international criminal law, with a focus on the particular intent requirement and the issue of groups as targets of genocidal intent. The second part looks at the specific case of the Khmer Rouge mass atrocities - based on the legal framework elaborated - discussing the questions involved in the legal characterization of Khmer Rouge policies. These questions include the auto-genocide debate, the distinction between discriminatory mass killings and genocidal intent, as well as the legal relevance of motives for group targeting. (Series: International Criminal Law - Vol. 2)



Prosecuting The Destruction Of Cultural Property In International Criminal Law


Prosecuting The Destruction Of Cultural Property In International Criminal Law
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Author : Caroline Ehlert
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-10-24

Prosecuting The Destruction Of Cultural Property In International Criminal Law written by Caroline Ehlert 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 2013-10-24 with Law categories.


In Prosecuting the Destruction of Cultural Property in International Criminal Law Caroline Ehlert offers an analysis of treaty law protecting cultural property from destruction and foremost of the relevant provisions for prosecuting the destruction of cultural property in international criminal law. The wanton destruction of valuable cultural property during armed conflict as well as during peacetime is omnipresent. Therefore it is of the utmost importance to provide for provisions criminalising the destruction of cultural property and offering a basis for the prosecution of possible perpetrators.



Victims Atrocity And International Criminal Justice


Victims Atrocity And International Criminal Justice
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Author : Rachel Killean
language : en
Publisher: Routledge
Release Date : 2018-07-03

Victims Atrocity And International Criminal Justice written by Rachel Killean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-03 with Law categories.


While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.



Old Evidence And Core International Crimes


Old Evidence And Core International Crimes
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-11-19

Old Evidence And Core International Crimes written by Morten Bergsmo 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 2012-11-19 with Law categories.


It is often only years after the commission of core international crimes that prosecutions and investigations take place. This anthology addresses challenges associated with such delayed justice: the location, treatment, and assessment of old evidence. Part I considers the topic from the perspective of different actors involved in the prosecution of core international crimes at the domestic and international levels. Part II comprises chapters focusing on the efforts of the Bangladeshi authorities to investigate and prosecute international crimes perpetrated during the 1971 war. This book brings together experienced judges, prosecutors, lawyers, scientists, and commentators who have dealt with questions of old evidence in their work. Among the contributors are Shafique Ahmed, Andrew Cayley, David Cohen, Seena Fazel, Siri S. Frigaard, M. Amir-Ul Islam, Md. Shahinur Islam, Agnieszka Klonowiecka-Milart, Alphons M.M. Orie, Stephen J. Rapp, Patrick J. Treanor, Otto Triffterer and Martin Witteveen. The chapters describe the challenges encountered in practice and suggest concrete solutions that can be tailored to fit the circumstances of the case or country. By providing a comprehensive analysis of the relevant problems in this area and a variety of views, this anthology will serve as an invaluable resource for criminal justice actors and researchers seeking to address questions of old evidence.



Striving For Justice


Striving For Justice
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Author : Jason S. Abrams
language : en
Publisher:
Release Date : 1995

Striving For Justice written by Jason S. Abrams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Cambodia categories.




Getting Away With Genocide


Getting Away With Genocide
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Author : Tom Fawthrop
language : en
Publisher: UNSW Press
Release Date : 2005

Getting Away With Genocide written by Tom Fawthrop and has been published by UNSW Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Cambodia categories.


"Foreword by Roland Joffe, Director of 'The Killing Fields' " --Cover.



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: 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.