Reparation For Victims Of Armed Conflict
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Reparations For Victims Of Armed Conflict
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Author : Cristián Correa
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
Reparations For Victims Of Armed Conflict written by Cristián Correa 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 2020-12-17 with Law categories.
Three experts address reparation for victims of armed conflict, drawing on international law practice, human rights courts, and domestic law.
Reparations For Child Victims Of Armed Conflict
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Author : Francesca Capone
language : en
Publisher:
Release Date : 2017
Reparations For Child Victims Of Armed Conflict written by Francesca Capone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Children and war categories.
Winner of the 2018 Ciardi Prize This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps paving the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the CRC and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of child victims' redress. From the foreword by Professor Theo van Boven (Former UN Special Rapporteur on the Right to Reparation for Victims of Gross Violations of Human Rights and Professor Emeritus of International Law at the University of Maastricht): "A leading motive of this study carried out with precision and persuasion is the design of transitional justice processes in law and practice. In many situations the plight of victims and for that matter the plight of child victims in armed conflicts happens to be ignored as inopportune and inconvenient. While relevant international legal framework and applicable mechanisms are developing as part of the process of an assumed humanization of international law major complexities and shortcomings still abound." '[The book's] principal merit is precisely to fill a gap in existing literature by addressing the legal challenges posed by violations of children's rights in armed conflicts and by the dearth of adequate reparations mechanisms against a very broad background and to dwell in depth on these challenges both on the theoretical and normative level and on the practical side. [It] represents a precious source of reference for lawyers and practitioners active in the field of children's rights and working for their social reintegration after the war. Francesca Capone not only provides a comprehensive analysis of the topic and proposes solutions to improve existing reparations mechanisms but she also succeeds in showing that one of the keys to moving forward is building on children's capability to be actively involved in transitional justice processes.' Micaela Frulli in ICLQ 2017. '[The] practice-oriented approach clearly adds to the book's appeal both for scholars and for those who are directly involved in the formulation and implementation of the standards concerned.' Christine Bakker in Italian Yearbook of International Law 2017, 683.
The Right To Reparation In International Law For Victims Of Armed Conflict
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Author : E. 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 E. 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.
Reparation For Victims Of Armed Conflict
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Author : Cristián Correa
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
Reparation For Victims Of Armed Conflict written by Cristián Correa 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 2020-12-17 with Law categories.
Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.
Reparation For Victims Of Armed Conflict
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Author : Christian Marxsen
language : en
Publisher:
Release Date : 2018
Reparation For Victims Of Armed Conflict written by Christian Marxsen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
The international law on reparation for victims of armed conflict is complex. Numerous subfields of international law are involved, among them international human rights law, international criminal law, international humanitarian law, and the law on State responsibility. In addition to this complexity, reparation-related questions are often highly politically charged. They are focal points of contestation about moral values, different conceptions of justice, and approaches to international law, including the status of the individual human being in this order. Against this backdrop, the collection of short essays explores whether and under which circumstances individuals have a right to reparation under international law. The introduction unpacks the legal dimensions and identifies the currently most controversial issues. One set of essays then analyses, from different angles, whether a right to reparation for individuals exists as a matter of law. Another set recounts experiences with the implementation of reparation mechanisms and discusses the challenges. A third group of essays addresses the role of domestic courts. The essays ('impulses') are one outcome of the Max Planck Trialogue workshop on reparation for victims of armed conflict, held in November 2017 in Berlin.
Reparation For Victims Of Armed Conflict
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Author : Cristián Correa
language : en
Publisher:
Release Date : 2021
Reparation For Victims Of Armed Conflict written by Cristián Correa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with International law and human rights categories.
"The Max Planck Trialogues on the Law of Peace and War have so far dealt with Selfdefence Against Non-State Actors1 and with Law Applicable to Armed Conflict.2 After taking up pressing topics of the ius contra bellum and ius in bello in these first two volumes, the third volume focuses on reparation for victims of armed conflict and thus is dedicated to the ius post bellum.3"--
The Right To Reparation In International Law For Victims Of Armed Conflict
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Author : Dr Christine Evans
language : en
Publisher:
Release Date : 2014-05-14
The Right To Reparation In International Law For Victims Of Armed Conflict written by Dr Christine Evans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Reparation (Criminal justice) categories.
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Reparations For Child Victims Of Armed Conflict
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Author : Francesca Capone
language : en
Publisher: Series on Transnational Justice
Release Date : 2017
Reparations For Child Victims Of Armed Conflict written by Francesca Capone and has been published by Series on Transnational Justice this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Children and war categories.
"This book offers an analysis of the existing normative framework regulating the right to reparation for child victims of armed conflict. The study questions whether the current framework is sufficiently developed to provide child victims with adequate, effective and prompt reparations; furthermore it presents and critically assesses the judicial and non-judicial mechanisms in place as well as the reparations awarded and implemented so far at the international and regional level. The research stems from the need to fill a gap in the current literature on transitional justice, in particular on the right to reparation. Even though reparations are well-established legal measures in several domestic judicial systems all over the world, in transitional periods reparations are not just a means to redress the harm suffered by the victims of wrongful acts, but they also seek to contribute to the reconstitution or the constitution of a new political community in the aftermath of an armed conflict. The overview of the relevant cases and materials provided in this book helps pave the way for reparations that are effective, adequate, prompt, and in line with the international standards set forth by the Convention of the Rights of the Child (CRC) and other instruments. This book ultimately strives to highlight the shortcomings of the existing mechanisms and it points out the main issues that need to be improved and/or overcome in pursuance of redress for child victims of armed conflict." -- 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 : 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.
Reparation For Victims Of Armed Conflict
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Author : Cristián Correa
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17
Reparation For Victims Of Armed Conflict written by Cristián Correa 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 2020-12-17 with Law categories.
Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.