Prosecuting Serious Human Rights Violations
DOWNLOAD
Download Prosecuting Serious Human Rights Violations PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Prosecuting Serious Human Rights Violations book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Prosecuting Serious Human Rights Violations
DOWNLOAD
Author : Anja Seibert-Fohr
language : en
Publisher: Oxford University Press
Release Date : 2009-07-09
Prosecuting Serious Human Rights Violations written by Anja Seibert-Fohr 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 2009-07-09 with History categories.
Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.
The Rights Of Victims In Criminal Justice Proceedings For Serious Human Rights Violations
DOWNLOAD
Author : Juan Carlos Ochoa S.
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-02-05
The Rights Of Victims In Criminal Justice Proceedings For Serious Human Rights Violations written by Juan Carlos Ochoa S. and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-05 with Law categories.
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Universal Jurisdiction In Modern International Law
DOWNLOAD
Author : Mitsue Inazumi
language : en
Publisher: Intersentia nv
Release Date : 2005
Universal Jurisdiction In Modern International Law written by Mitsue Inazumi and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Criminal courts categories.
This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.
The Justice Cascade How Human Rights Prosecutions Are Changing World Politics The Norton Series In World Politics
DOWNLOAD
Author : Kathryn Sikkink
language : en
Publisher: W. W. Norton & Company
Release Date : 2011-09-26
The Justice Cascade How Human Rights Prosecutions Are Changing World Politics The Norton Series In World Politics written by Kathryn Sikkink and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-26 with Political Science categories.
Acclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.
Prosecuting Heads Of State
DOWNLOAD
Author : Ellen L. Lutz
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-16
Prosecuting Heads Of State written by Ellen L. Lutz 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 2009-03-16 with Law categories.
Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores the reasons for the meteoric rise in trials of senior leaders and the motivations, public dramas, and intrigues that accompanied efforts to bring them to justice. Drawing on an analysis of the 65 cases, the book examines the emergence of regional trends in Europe and Latin America and contains case studies of high-profile trials of former government leaders: Augusto Pinochet (Chile), Alberto Fujimori (Peru), Slobodan Milosevic (former Yugoslavia), Charles Taylor (Liberia and Sierra Leone), and Saddam Hussein (Iraq) – studies written by experts who closely followed their cases and their impacts on wider societies. This is the only book that examines the rise in the number of domestic and international trials globally and tells the tales in readable prose and with fascinating details.
Promoting Accountability Under International Law For Gross Human Rights Violations In Africa
DOWNLOAD
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.
Transitional Justice And A State S Response To Mass Atrocity
DOWNLOAD
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.
Prosecuting Human Rights Offences
DOWNLOAD
Author : Kresimir Kamber
language : en
Publisher: BRILL
Release Date : 2017-01-10
Prosecuting Human Rights Offences written by Kresimir Kamber and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-10 with Law categories.
In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.
Prosecuting Serious Human Rights Violations
DOWNLOAD
Author : Anja Seibert-Fohr
language : en
Publisher: OUP Oxford
Release Date : 2009-07-09
Prosecuting Serious Human Rights Violations written by Anja Seibert-Fohr and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-09 with Law categories.
Criminal punishment is increasingly seen as a necessary element of human rights protection. There is a growing conviction at the international level that those responsible for the most serious crimes should not go unpunished. Although there is a wealth of legal writing on international criminal law, an extensive analysis is still needed of the questions why and to what extent criminal prosecution is a necessary means of human rights protection at the domestic level. This book is the first to examine comprehensively the duty to prosecute serious human rights violations under the International Covenant on Civil and Political Rights, the American and European Conventions on Human Rights, and customary international law. It does so by exploring the phenomena of impunity and amnesties. These issues are particularly relevant for post-conflict situations in which it is often argued that criminal punishment threatens peace and reconciliation. The question of how to deal with post-conflict justice under international human rights law is therefore a continuing theme throughout the book. Apart from post-conflict justice the text also considers the relevance of criminal measures in times of peace by exposing flaws in the criminal legislation and in the conduct of criminal procedure. With its survey of the relevant human rights instruments and jurisprudence, Prosecuting Serious Human Rights Violations is placed at the interface of international criminal law and international human rights. The book analyses the rapidly growing body of human rights case law, dealing with criminalization, prosecution and punishment of serious human rights violations. It identifies and critically examines the standards for the conduct of criminal proceedings developed by the European and Inter-American Courts of Human Rights and the UN Human Rights Committee, providing a unique reference tool for scholars and practitioners working in this area of law. It also describes the standards for criminal law under the Conventions Against Genocide, Torture, and Enforced Disappearances. As the analysis of pertinent case law reveals shortcomings in the current conceptualization of the prosecution of human rights violations, the author develops a solid theoretical framework for future jurisprudence. By evaluating the relationship between criminal law and the protection of human rights, the book elucidates not only the potential but also the limits of the role human rights law can play in the emerging concept of international criminal justice.
The Impact Of Human Rights Prosecutions
DOWNLOAD
Author : Ulrike Capdepón
language : en
Publisher: Leuven University Press
Release Date : 2020-11-16
The Impact Of Human Rights Prosecutions written by Ulrike Capdepón and has been published by Leuven University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-16 with Political Science categories.
New perspectives on human rights prosecutions in various regional contexts Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.