Promoting Accountability Under International Law For Gross Human Rights Violations In Africa
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Promoting Accountability Under International Law For Gross Human Rights Violations In Africa
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Author : Charles Chernor Jalloh
language : en
Publisher: BRILL
Release Date : 2015-07-16
Promoting Accountability Under International Law For Gross Human Rights Violations In Africa written by Charles Chernor Jalloh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-16 with Law categories.
Promoting Accountability under International Law for Gross Human Rights Violations in Africa reflects primarily upon the work of the International Criminal Tribunal for Rwanda in challenging impunity for serious crimes committed in Rwanda in 1994. The authors, among whom are leading scholars and practitioners of international law, draw lessons for future tribunals such as the permanent International Criminal Court.
National Accountability For International Crimes In Africa
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Author : Emma Charlene Lubaale
language : en
Publisher: Springer Nature
Release Date : 2022-02-07
National Accountability For International Crimes In Africa written by Emma Charlene Lubaale and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-07 with Political Science categories.
This book critically examines the issues pertaining to the Rome Statute’s complementarity principle. The focus lies on the primacy of African states to prosecute alleged perpetrators of international crimes in their respective jurisdictions. The chapters explore states’ international and domestic obligations to hold perpetrators of international crimes to account before the national courts, and demonstrate the complexity of enforcing national accountability of alleged perpetrators of international crimes while also ensuring that post-conflict African states achieve national healing, reconciliation, and sustainable peace. The contributions reject impunity for international crimes whilst also considering these complexities. Emphasis further lies on the meaning of accountability in the context of the politics of selective international criminal justice for crimes committed before the establishment of the International Criminal Court.
The African Court Of Justice And Human And Peoples Rights In Context
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Author : Charles C. Jalloh
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The African Court Of Justice And Human And Peoples Rights In Context written by Charles C. Jalloh 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 2019-05-16 with History categories.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide
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Author : Cordula Dröge
language : en
Publisher:
Release Date : 2006
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide written by Cordula Dröge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Government liability (International law) categories.
The African Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2016-11-29
The African Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-29 with Law categories.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
International Criminal Tribunals And Domestic Accountability
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Author : Patryk I. Labuda
language : en
Publisher: Oxford University Press
Release Date : 2023-05-17
International Criminal Tribunals And Domestic Accountability written by Patryk I. Labuda 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 2023-05-17 with Law categories.
In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.
Relationships Between International Criminal Law And Other Branches Of International Law
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Author : William A. Schabas
language : en
Publisher: BRILL
Release Date : 2022-05-20
Relationships Between International Criminal Law And Other Branches Of International Law written by William A. Schabas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-20 with Law categories.
This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.
Doing Justice To History
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Author : Barrie Sander
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-03-09
Doing Justice To History written by Barrie Sander and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Law categories.
This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
Judicial Deference In International Adjudication
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Author : Johannes Hendrik Fahner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
Judicial Deference In International Adjudication written by Johannes Hendrik Fahner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Amnesty In The Age Of Human Rights Accountability
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Author : Francesca Lessa
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-28
Amnesty In The Age Of Human Rights Accountability written by Francesca Lessa 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 2012-05-28 with Law categories.
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.