Law Politics And The Limits Of Prosecuting Mass Atrocity
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Law Politics And The Limits Of Prosecuting Mass Atrocity
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Author : Damien Rogers
language : en
Publisher: Springer
Release Date : 2017-08-30
Law Politics And The Limits Of Prosecuting Mass Atrocity written by Damien Rogers and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-30 with Political Science categories.
This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.
Making Sense Of Mass Atrocity
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Author : Mark Osiel
language : en
Publisher: Cambridge University Press
Release Date : 2009-07-31
Making Sense Of Mass Atrocity written by Mark Osiel 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 2009-07-31 with Political Science categories.
Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.
Human Rights In War
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Author : Damien Rogers
language : en
Publisher: Springer
Release Date : 2022-03-20
Human Rights In War written by Damien Rogers and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-20 with Law categories.
This volume is the most comprehensive and up-to-date compilation of in-depth analyses on human rights violations committed in war. It offers myriad perspectives on the content and application of legal protections offered to civilians, including women, children and the elderly, and to others who are ‘no longer active in the fight.’ A series of carefully researched case studies illustrates the extent to which human rights violations occur in recent and current armed conflict, and signals the ways in which these violations are dealt with. Each of the contributing authors has been selected on the basis of their international academic reputation and/or professional standing within the human rights field. Given the alarming numbers of people harmed in recent and current armed conflict, this book will be of great interest to researchers, policymakers and opinion-shapers alike.
Existing Legal Limits To Security Council Veto Power In The Face Of Atrocity Crimes
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Author : Jennifer Trahan
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-13
Existing Legal Limits To Security Council Veto Power In The Face Of Atrocity Crimes written by Jennifer Trahan 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 2020-08-13 with Law categories.
The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.
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.
Atrocity Punishment And International Law
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Author : Mark A. Drumbl
language : en
Publisher: Cambridge University Press
Release Date : 2007-04-30
Atrocity Punishment And International Law written by Mark A. Drumbl 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 2007-04-30 with Law categories.
This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Histories Written By International Criminal Courts And Tribunals
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Author : Aldo Zammit Borda
language : en
Publisher: Springer Nature
Release Date : 2020-12-18
Histories Written By International Criminal Courts And Tribunals written by Aldo Zammit Borda and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-18 with Law categories.
This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor’s expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology. Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs. Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.
Religion And Genocide
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Author : Steven Leonard Jacobs
language : en
Publisher: Taylor & Francis
Release Date : 2022-10-31
Religion And Genocide written by Steven Leonard Jacobs and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-31 with Political Science categories.
Religion and Genocide: Changing the Conversation is a cutting-edge introduction to the complex and controversial relationship between religion and genocide. This book aims to widen the reader’s understanding of religion and those who practice it, the nexus of religion and violence, and those who legitimate their violence by framing it in religious terms by looking at notions of holy wars, religious wars, and genocide and the practitioners of such. This book delves into our current thinking of ourselves as biological entities, our relationship to genocide, and the impact of geography (including climate change) and diseases on our humanity and our ability to commit genocide. Tying together all these seemingly disparate threads, this text concludes with the significant and still largely unanswered question: "Where do we go from here?". Highlighting the complex relationship between religion and genocide, this is an essential read for students and academics studying religion and violence, Judaism, Judaic studies, and holocaust and genocide studies. Religion and Genocide will also be of interest to researchers in related subjects such as history, politics, sociology, and anthropology.
Wars Laws Rights And The Making Of Global Insecurities
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Author : Damien Rogers
language : en
Publisher: Springer Nature
Release Date : 2022-04-07
Wars Laws Rights And The Making Of Global Insecurities written by Damien Rogers and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-07 with Political Science categories.
This book offers a unique and timely political analysis of war, international law and human rights, and the important interconnections among them. It questions why war features as a foundational problem in contemporary world affairs and explores how international law is used to manage this and other types of political violence. Challenging conventional thinking that understands war as a problem to be solved and law as an antidote to organized but unruly violence, this book situates the promotion and protection of human rights within the wider context of the modernist project, particularly during the epoch of the Anthropocene. Taking a critical perspective that draws on concepts found in the work of Michel Foucault, Pierre Bourdieu and Bruno Latour, this book casts new light on the ways in which the politics of war, law and rights produces profound insecurities for the human species as well as for other life forms and life systems on this planet.
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.