International Justice In Rwanda And The Balkans
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International Justice In Rwanda And The Balkans
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Author : Victor Peskin
language : en
Publisher: Cambridge University Press
Release Date : 2008-03-03
International Justice In Rwanda And The Balkans written by Victor Peskin 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 2008-03-03 with Political Science categories.
Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.
The Un International Criminal Tribunals
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Author : William A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-20
The Un International Criminal Tribunals written by William A. Schabas 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 2006-07-20 with Political Science categories.
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
The Path To Justice In Southeastern Europe
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Author :
language : en
Publisher:
Release Date : 2003
The Path To Justice In Southeastern Europe written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Balkan Peninsula categories.
Justice In A Time Of War
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Author : Pierre Hazan
language : en
Publisher: Texas A&M University Press
Release Date : 2004-09-03
Justice In A Time Of War written by Pierre Hazan and has been published by Texas A&M University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-03 with History categories.
Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.
The Un International Criminal Tribunals
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Author : William A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-20
The Un International Criminal Tribunals written by William A. Schabas 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 2006-07-20 with Political Science categories.
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
The Politics Of International Criminal Justice
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Author : Ronen Steinke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-05-25
The Politics Of International Criminal Justice written by Ronen Steinke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-25 with Law categories.
To anyone setting out to explore the entanglement of international criminal justice with the interests of States, Germany is a particularly curious, exemplary case. Although a liberal democracy since 1949, its political position has altered radically in the last 60 years. Starting from a position of harsh scepticism in the years following the Nuremberg Trials, and opening up to the rationales of international criminal justice only slowly - and then mainly in the context of domestic trials against functionaries of the former East German regime after 1990 - Germany is today one of the most active supporters of the International Criminal Court. The climax of this is its campaigning to make the ICC independent of the UN Security Council - a debate in which Germany took a position in stark contrast to the United States. This book offers new insight into the debates leading up to such policy shifts. Drawing on government documents and interviews with policymakers, it enriches a broader debate on the politics of international criminal justice which has to date often been focused primarily on the United States.
International Responses To Mass Atrocities In Africa
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Author : Kurt Mills
language : en
Publisher: University of Pennsylvania Press
Release Date : 2015-10-16
International Responses To Mass Atrocities In Africa written by Kurt Mills and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-16 with Law categories.
Since the end of World War II and the founding of the United Nations, genocide, crimes against humanity and other war crimes—mass atrocities—have been explicitly illegal. When such crimes are committed, the international community has an obligation to respond: the human rights of the victims outweigh the sovereignty claims of states that engage in or allow such human rights violations. This obligation has come to be known as the responsibility to protect. Yet, parallel to this responsibility, two other related responsibilities have developed: to prosecute those responsible for the crimes, and to provide humanitarian relief to the victims—what the author calls the responsibility to palliate. Even though this rhetoric of protecting those in need is well used by the international community, its application in practice has been erratic at best. In International Responses to Mass Atrocities in Africa, Kurt Mills develops a typology of responses to mass atrocities, investigates the limitations of these responses, and calls for such responses to be implemented in a more timely and thoughtful manner. Mills considers four cases of international responses to mass atrocities—in Rwanda, the Democratic Republic of the Congo, Uganda, and Darfur—putting the cases into historical context and analyzing them according to the typology, showing how the responses interact. Although all are intended to address human suffering, they are very different types of actions and accomplish different things, over different timescales, on different orders of magnitude, and by very different types of actors. But the critical question is whether they accomplish their objectives in a mutually supportive way—and what the trade-offs in using one or more of these responses may be. By expanding the understanding of international responsibilities, Mills provides critical analysis of the possibilities for the international community to respond to humanitarian crises.
Mapping Global Justice
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Author : Arnaud Kurze
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-14
Mapping Global Justice written by Arnaud Kurze and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-14 with Political Science categories.
Persistent international conflicts, increasing inequality in many regions or the world, and acute environmental and climate-related threats to humanity call for a better understanding of the processes, actors and tools available to face the challenges of achieving global justice. This book offers a broad and multidisciplinary survey of global justice, bridging the gap between theory and practice by connecting conceptual frameworks with a panoply of case studies and an in-depth discussion of practical challenges. Connecting these critical aspects to larger moral and ethical debates is essential for thinking about large, abstract ideas and applying them directly to specific contexts. Core content includes: Key debates in global justice from across philosophy, postcolonial studies, political science, sociology and criminology The origins of global justice and the development of the human rights agenda; peacekeeping and post-conflict studies Global poverty and sustainable development Global security and transnational crime Environmental justice, public health and well-being Rather than providing a blueprint for the practice of global justice, this text problematizes efforts to cope with many justice related issues. The pedagogical approach is designed to map the difficulties that exist between theory and praxis, encourage critical thinking and fuel debates to help seek alternative solutions. Bringing together perspectives from a wealth of disciplines, this book is essential reading for courses on global justice across criminology, sociology, political science, anthropology, philosophy and law.
Justice As Message
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press
Release Date : 2020-05-27
Justice As Message written by Carsten Stahn 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 2020-05-27 with Law categories.
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
Rules Politics And The International Criminal Court
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Author : Yvonne Dutton
language : en
Publisher: Routledge
Release Date : 2013-08-21
Rules Politics And The International Criminal Court written by Yvonne Dutton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-21 with Political Science categories.
In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as: Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.