The Reparation System Of The International Criminal Court
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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 Reparation System Of The International Criminal Court
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Author : Eva Dwertmann
language : en
Publisher: BRILL
Release Date : 2010
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 with Law categories.
When the Rome Statute for the International Criminal Court was adopted in 1998, one of its great innovations was that victims were granted an active role in the proceedings. In its early jurisprudence on victims rights, the International Criminal Court stated that the success of the Court is, to some extent, linked to the success of its reparation system. This book is among the first to focus on the International Criminal Court s power to order reparations to victims. It provides a comprehensive analysis of the legal framework of the reparation system, taking into account relevant Court decisions. Possibilities for its implementation are drawn up, providing potential solutions for its multiple challenges, including the distinct asymmetry between the individualized responsibility to provide reparations and the collective nature of the crimes and its consequences. With its practical approach, this book is particularly valuable for practitioners, but also for students and researchers.
Victims Before The International Criminal Court
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Author : Christoph Safferling
language : en
Publisher: Springer Nature
Release Date : 2021-09-16
Victims Before The International Criminal Court written by Christoph Safferling and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-16 with Law categories.
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
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.
Rights Of The Victims
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Author : Sarfaraz Ahmed Khan
language : en
Publisher: APH Publishing
Release Date : 2007
Rights Of The Victims written by Sarfaraz Ahmed Khan and has been published by APH Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Human rights categories.
Reparations Under The Rome Statute Of The International Criminal Court And Reparative Justice Theory
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Author : Conor McCarthy
language : en
Publisher:
Release Date : 2014
Reparations Under The Rome Statute Of The International Criminal Court And Reparative Justice Theory written by Conor McCarthy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Modern theories of 'reparative justice' have substantial ambitions for the project of criminal justice and, in particular, the relationship between victims and a criminal justice system. These theories have, in a variety of ways, proven influential in a number of domestic criminal justice systems. At the international level, the Rome Statute of the International Criminal Court has sought to give victims a more central position within the international criminal justice system. One way in which this has been done is through the creation of a regime for reparations to victims in Article 75 of the Statute. This article analyses the main themes of modern reparative justice theory. It goes on to provide a legal analysis of the main elements of the Rome Statute reparations regime and concludes by asking whether, given the constraints under which it operates, the regime can meet the needs of victims in a way that satisfies reparative justice theory.
The Politics Of International Criminal Law
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Author : Holly Cullen
language : en
Publisher: BRILL
Release Date : 2020-12-15
The Politics Of International Criminal Law written by Holly Cullen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with Law categories.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Realizing Reparative Justice For International Crimes
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Author : Miriam Cohen
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-02
Realizing Reparative Justice For International Crimes written by Miriam Cohen 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 2020-07-02 with Fiction categories.
Provides an original approach to the emerging practice of reparations for international crimes and a fresh analysis of the recent jurisprudence at the International Criminal Court.
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.
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 Political Science 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.