Redress For Victims Of Crimes Under International Law
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Redress For Victims Of Crimes Under International Law
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Author : Ilaria Bottigliero
language : en
Publisher: Springer
Release Date : 2013-11-11
Redress For Victims Of Crimes Under International Law written by Ilaria Bottigliero and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Law categories.
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
Reparations And Victim Support In The International Criminal Court
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Author : Conor McCarthy
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-12
Reparations And Victim Support In The International Criminal Court written by Conor McCarthy 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 2012-04-12 with Law categories.
Explores the ICC's regime of victim redress, including both its reparations regime and the work of the ICC Trust Fund.
The Reparation System Of The International Criminal Court
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Author : Eva Dwertmann
language : en
Publisher: BRILL
Release Date : 2010-03-02
The Reparation System Of The International Criminal Court written by Eva Dwertmann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-02 with Law categories.
Dedicated to one of the great innovations in the proceedings before the International Criminal Court, this book offers a comprehensive analysis of the Court’s power to order a convicted person to make reparations to victims, possibilities for its implementation and its potential to bring justice to victims.
The Right To Reparations Under The Rome Statute Of The International Criminal Court Icc
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Author : Stanislas Kabalira
language : en
Publisher:
Release Date : 2016
The Right To Reparations Under The Rome Statute Of The International Criminal Court Icc written by Stanislas Kabalira and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
"Rome Statute of the International Criminal Court established and vested the Court with the power to decide on reparations to victims. The concept of reparations to victims remains a controversial topic in international criminal law. Does the Statute explicitly create victims' right to reparations? How and why have we to distinguish between reparations under Article 75 and victim assistance or support from the Trust Fund created by Article 79 of the Statute? Does the Statute or international law embody substantive law to be applied to reparations to victims? From a procedural perspective other questions arise: Has the Statute or the Court developed procedural law that allows to balance the interests of parties to proceedings before a court whose mission is primarily criminal? Where a conflict of jurisdiction arises between the International Criminal Court and national courts, as regards reparations against a convicted person, how can the risk be dispelled? What kind of reparations may redress victims of the most serious international crimes, such as crime of genocide, crimes against humanity and war crimes? Does there exist an effective legal framework to facilitate the implementation of reparations orders issued by the Court? This book endeavours to discuss the major legal issues arising from the introduction of the concept of reparations to victims in international criminal law. More particularly, the book describes challenges in implementing Article 75 of the Rome Statute and attempts to suggest legal solutions thereto"--Back cover.
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity
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Author : Carla Ferstman
language : en
Publisher: BRILL
Release Date : 2009-04-24
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity written by Carla Ferstman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-24 with Law categories.
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.
Justice For Victims Before The International Criminal Court
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Author : Luke Moffett
language : en
Publisher: Routledge
Release Date : 2014-06-27
Justice For Victims Before The International Criminal Court written by Luke Moffett and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-27 with Law categories.
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity
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Author : Carla Ferstman
language : en
Publisher: BRILL
Release Date : 2020-02-17
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity written by Carla Ferstman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-17 with Law categories.
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
The Right To Reparation In International Law For Victims Of Armed Conflict
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Author : Christine Evans
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
The Right To Reparation In International Law For Victims Of Armed Conflict written by Christine Evans 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 2012-06-28 with Law categories.
Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
Amnesty Serious Crimes And International Law
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Author : Josepha Close
language : en
Publisher: Routledge
Release Date : 2019-05-16
Amnesty Serious Crimes And International Law written by Josepha Close and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
International Law Of Victims
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Author : Carlos Fernández de Casadevante Romani
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-07-11
International Law Of Victims written by Carlos Fernández de Casadevante Romani and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-11 with Law categories.
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.