Prosecuting Corporations For Genocide
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Prosecuting Corporations For Genocide
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Author : Michael J. Kelly
language : en
Publisher: Oxford University Press
Release Date : 2016
Prosecuting Corporations For Genocide written by Michael J. Kelly 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 2016 with Law categories.
Introduction -- The corporation as an atrocity contributor -- The corporation as a subjuct of international law -- Modes of criminal liability under international law -- Case studies : corporate complicity in genocide -- Prosecuting corporations for genocide : the domestic vs. the international path -- Arguments against prosecuting corporations for genocide -- Conclusion
Prosecuting Corporations For Genocide
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Author : Michael J. Kelly
language : en
Publisher: Oxford University Press
Release Date : 2016-02-17
Prosecuting Corporations For Genocide written by Michael J. Kelly 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 2016-02-17 with Law categories.
Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.
Postgenocide
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Author : Klejda Mulaj
language : en
Publisher: Oxford University Press, USA
Release Date : 2021
Postgenocide written by Klejda Mulaj 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 with History categories.
This edited volume studies the after-effects of genocide, exploring the ways in which societies are shaped by a history of such extreme violence. Contributions from a variety of perspectives, including law, political science, sociology, and ethnography, explore previously overlooked themes and cases to reassess existing assumptions in the field.
Corporate Liability And International Criminal Law
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Author : Alessandra De Tommaso
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-30
Corporate Liability And International Criminal Law written by Alessandra De Tommaso and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-30 with Law categories.
This book investigates whether corporate criminal liability should be incorporated within the scope of international criminal law. The work provides unique insight into the evolution of the debate on the international criminal liability of corporations to facilitate future discussion on the possibility of including corporations within the scope of international criminal law. It combines a detailed examination of Nuremberg and Rome with the examination of previously overlooked initiatives such as the Draft Code of Offences against Peace and Security of Mankind and the 1951 and 1953 Committees on International Criminal Jurisdiction. This analysis is also complemented by a review of significant post-1998 international and domestic developments around corporate criminal liability. In addition, it offers suggestions for the development of an amendment to hold corporations accountable under the Statute of the International Criminal Court. This book contributes to the existing literature on the topic of corporate liability which attracts significant attention from scholars in the fields of Law, Business, and Political Science. It will be useful to professionals in the academic and diplomatic fields, researchers, legal advisors, and business leaders. It will also be of interest to anyone who wants to understand the debate on holding businesses accountable under international criminal law.
The Oxford Handbook Of Prosecutors And Prosecution
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Author : Ronald F. Wright
language : en
Publisher: Oxford University Press
Release Date : 2021-04-30
The Oxford Handbook Of Prosecutors And Prosecution written by Ronald F. Wright 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 2021-04-30 with Law categories.
The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
The Concept Of Genocide In International Criminal Law
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Author : Marco Odello
language : en
Publisher: Routledge
Release Date : 2020-07-14
The Concept Of Genocide In International Criminal Law written by Marco Odello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-14 with History categories.
This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222
Transitional Justice And Corporate Accountability From Below
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Author : Leigh A. Payne
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30
Transitional Justice And Corporate Accountability From Below written by Leigh A. Payne 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 2020-04-30 with Law categories.
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
Economic Aspects Of Genocides Other Mass Atrocities And Their Prevention
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Author : Charles H. Anderton
language : en
Publisher: Oxford University Press
Release Date : 2016-05-09
Economic Aspects Of Genocides Other Mass Atrocities And Their Prevention written by Charles H. Anderton 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 2016-05-09 with Political Science categories.
Alongside other types of mass atrocities, genocide has received extensive scholarly, policy, and practitioner attention. Missing, however, is the contribution of economists to better understand and prevent such crimes. This edited collection by 41 accomplished scholars examines economic aspects of genocides, other mass atrocities, and their prevention. Chapters include numerous case studies (e.g., California's Yana people, Australia's Aborigines peoples, Stalin's killing of Ukrainians, Belarus, the Holocaust, Rwanda, DR Congo, Indonesia, Pakistan, Colombia, Mexico's drug wars, and the targeting of suspects during the Vietnam war), probing literature reviews, and completely novel work based on extraordinary country-specific datasets. Also included are chapters on the demographic, gendered, and economic class nature of genocide. Replete with research- and policy-relevant findings, new insights are derived from behavioral economics, law and economics, political economy, macroeconomic modeling, microeconomics, development economics, industrial organization, identity economics, and other fields. Analytical approaches include constrained optimization theory, game theory, and sophisticated statistical work in data-mining, econometrics, and forecasting. A foremost finding of the book concerns atrocity architects' purposeful, strategic use of violence, often manipulating nonrational proclivities among ordinary people to sway their participation in mass murder. Relatively understudied in the literature, the book also analyzes the options of victims before, during, and after mass violence. Further, the book shows how well-intended prevention efforts can backfire and increase violence, how wrong post-genocide design can entrench vested interests to reinforce exclusion of vulnerable peoples, and how businesses can become complicit in genocide. In addition to the necessity of healthy opportunities in employment, education, and key sectors in prevention work, the book shows why new genocide prevention laws and institutions must be based on reformulated incentives that consider insights from law and economics, behavioral economics, and collective action economics.
International Criminal Law And Philosophy
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Author : Larry May
language : en
Publisher: Cambridge University Press
Release Date : 2009-10-12
International Criminal Law And Philosophy written by Larry May 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 2009-10-12 with Law categories.
This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.
Atrocity Speech Law
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Author : Gregory S. Gordon
language : en
Publisher: Oxford University Press
Release Date : 2017
Atrocity Speech Law written by Gregory S. Gordon 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 2017 with History categories.
Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.