Justice For Atrocity Crimes
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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.
Justice For Atrocity Crimes
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Author : Param-Preet Singh
language : en
Publisher:
Release Date : 2012
Justice For Atrocity Crimes written by Param-Preet Singh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Atrocities categories.
"In recent years, there has been increasing recognition of the important role national courts have in post-conflict countries in holding to account in fair trials the perpetrators of war crimes, crimes against humanity, and genocide. Where there is national willingness to deliver justice but limited capacity, international support can be essential to bridge the gap. Based on research by Human Rights Watch in Bosnia in June 2011, this report highlights lessons from the temporary participation of international staff in the War Crimes Chamber in Bosnia and Herzegovina's State Court and in the Special Department for War Crimes of the Prosecutor's Office. These lessons may be especially relevant where international staff are deployed to bolster national authorities' capacity, independence, and impartiality. While the accomplishments of the chamber and the prosecutor's office are significant--the court has completed more than 200 cases in its seven years of operation--this model of providing international assistance to national justice has not been without flaws. The report concludes that policymakers, donors, and the Bosnian authorities failed to maximize the impact of international staff in the transfer of expertise in bringing cases to trial and institution building. If these shortcomings had been addressed earlier the chamber and the Prosecutor's Office could have been in a better position to withstand the increasingly volatile political climate in Bosnia. The report also discusses the importance of devising a realistic plan to phase out international staff and to engage public opinion through effective outreach to help create a climate that favors justice through fair trials. Finally, the report analyses some of the challenges of coordinating accountability efforts across multiple national courts and offers preliminary suggestions on how to overcome those challenges with the resources available."--P. [4] of cover.
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.
War Crimes Atrocity And Justice
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Author : Michael J. Shapiro
language : en
Publisher: John Wiley & Sons
Release Date : 2014-12-08
War Crimes Atrocity And Justice written by Michael J. Shapiro and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-08 with Philosophy categories.
What do we know about war crimes and justice? What are thediscursive practices through which the dominant images of warcrimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts thejustice-related imagery of the war crimes trial (for example thesolitary, headphone-wearing defendant at the Hague listening withintent to a catalogue of charges) with ?literary justice?:representations in literature, film, and biographical testimony,raising questions about atrocities and justice that juridicalproceedings exclude. By engaging with the ambiguities exposed by the artistic andexperiential genres, reading them alongside policy and archivaldocumentation and critical theoretical discourses, Shapiro?s WarCrimes, Atrocity, and Justice challenges traditional notions of?responsibility? in juridical settings. His comparative readingsinstead encourage a focus on the conditions of possibility for warcrimes as they arise from the actions of states, non-state agenciesand individuals involved in arms trading, peace keeping, sextrafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legaldiscourse, literature, media, film, and television, to build anuanced picture of politics and the problem of justice. It will beof great interest to students of film and media, literature,cultural studies, contemporary philosophy and political science
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.
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
Arab Spring To Accountability
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Author : Emilie Hunter
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2013-07-17
Arab Spring To Accountability written by Emilie Hunter 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 2013-07-17 with Law categories.
War Crimes
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Author : David Chuter
language : en
Publisher: Lynne Rienner Publishers
Release Date : 2003
War Crimes written by David Chuter and has been published by Lynne Rienner Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with History categories.
A nuanced discussion of why war crimes occur, what can be done to bring the perpetrators to justice, and the prospects of preventing such atrocities in the future.
Justice For Victims Of Atrocity Crimes
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Author : Fanny Holm
language : en
Publisher:
Release Date : 2017
Justice For Victims Of Atrocity Crimes written by Fanny Holm and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law. The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims’ rights, atrocity crimes or civil procedure instruments.
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.