Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity
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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.
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.
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity
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Author :
language : en
Publisher:
Release Date : 2007
Reparations For Victims Of Genocide War Crimes And Crimes Against Humanity written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Genocide categories.
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.
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.
Encyclopedia Of Genocide And Crimes Against Humanity
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Author : Dinah Shelton
language : en
Publisher: Macmillan Reference USA
Release Date : 2005
Encyclopedia Of Genocide And Crimes Against Humanity written by Dinah Shelton and has been published by Macmillan Reference USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Armenian massacres, 1915-1923 categories.
Presents an alphabetically-arranged encyclopedia with over three hundred fifty entries depicting genocide and war crimes from ancient history through the twenty-first century and includes information on the various individuals and groups that have been targeted, courts and tribunals, and various sorts of reparations.
Contemporary Issues Facing The International Criminal Court
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Author : Richard H. Steinberg
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2016-04-08
Contemporary Issues Facing The International Criminal Court written by Richard H. Steinberg 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 2016-04-08 with Law categories.
Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
Colonial Genocide And Reparations Claims In The 21st Century
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Author : Jeremy Sarkin
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2008-11-30
Colonial Genocide And Reparations Claims In The 21st Century written by Jeremy Sarkin and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-30 with Political Science categories.
More and more, the descendants of indigenous victims of genocide, land expropriation, forced labor, and other systematic human rights violations committed by colonial powers are seeking reparations under international law from the modern successor governments and corporations. As the number of colonial reparations cases increases, courts around the world are being asked to apply international law to determine whether reparations are due for atrocities and crimes that might have been committed long ago but whose lasting effects are alleged to injure the modern descendants of the victims. Sarkin analyzes the thorny issues of international law raised in such suits by focusing on groundbreaking cases in which he is involved as legal advisor to the paramount chief of the Herero people of Namibia. In 2001, the Herero became the first ethnic group to seek reparations under the legal definition of genocide by bringing multi-billion-dollar suits against Germany and German companies in a number of U.S. federal courts under the Alien Torts Claim Act of 1789. The Herero genocide, conducted in German South-West Africa (present-day Namibia) between 1904 and 1908, is recognized by the UN as the first organized state genocide in world history. Although the Herero were subjected to Germany's First Genocide, they have, unlike the victims of the Holocaust, received no reparations from Germany. By machine-gun massacres, starvation, poisoning, and forced labor in Germany's first concentration camps, the German Schutztruppe systematically exterminated as many as 105,000 Herero women, and children, composing most of the Herero population. Sarkin considers whether these historical events constitute legally defined genocide, crimes against humanity, and other international crimes. He evaluates the legal status of indigenous polities in Africa at the time and he explores the enduring impact in Namibia of the Germany's colonial campaign of genocide. He extrapolates the Herero case to global issues of reparations, apologies, and historical human rights violations, especially in Africa.
Out Of The Ashes
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Author : Koen Feyter
language : en
Publisher: Intersentia nv
Release Date : 2005
Out Of The Ashes written by Koen Feyter 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 Crimes against humanity categories.
Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented at an international conference in Brussels, in February 2005, on the right to reparation for victims of serious human rights violations. It also includes the final report of a research project undertaken jointly at the Universities of Antwerp (UA) and Leuven (K.U.Leuven) between 2000 and 2004 on the right to reparation in international law for victims of gross and systematic human rights violations, both from a legal and a socio-political perspective. The present volume is aimed at academics, policy-makers, national and international courts and tribunals, the legal professions, and civil society at large.
Pursuing Justice For Mass Atrocities
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Author : Sarah McIntosh
language : en
Publisher:
Release Date : 2021-03-18
Pursuing Justice For Mass Atrocities written by Sarah McIntosh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-18 with categories.
"Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.