The Right To Individual Reparations For Systematic Crimes Legal Basis Scope Enforcement
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The Right To Individual Reparations For Systematic Crimes Legal Basis Scope Enforcement
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Author : Kevin Couvillion
language : en
Publisher: GRIN Verlag
Release Date : 2018-02-14
The Right To Individual Reparations For Systematic Crimes Legal Basis Scope Enforcement written by Kevin Couvillion and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-14 with Law categories.
Research Paper (undergraduate) from the year 2016 in the subject Law - Penology, grade: 16,00, Humboldt-University of Berlin (Lehrstuhl für deutsches und internationales Strafrecht, Strafprozessrecht und Juristische Zeitgeschichte), course: Transitional Justice, language: English, abstract: The aim of this paper is to contour a normative model of reparations in transitional societies – alternatively dubbed as reparatory justice – and assess to what extent redress has become individualized and truly victim–oriented. It seeks to convey the vital demand associated with reparations: To restore the victim’s sense of dignity and moral worth and to remove his burden of disparagement often connoted with victimhood. Throughout the past decades various states have emerged in processes of replacing pre–democratic political systems which have commissioned mass atrocities under an authoritarian rule. These young nations – often lacking a coherent institutional architecture and financial resources – are confronted with the mammoth task of instating a functioning government and developing a rule of law. Criminal prosecutions, lustration, truth commissions and a general notion of reconciliation – said “policies of coming to terms with the past” (stemming from its German original Vergangenheitsbewältigung) form the cornerstone of what is collectively described as transitional justice. The arguably most important duty of transitional democracies, however, is to identify victims and perpetrators of the previous regime and to provide adequate redress for individuals without jeopardizing the newly found peace and stability. Much of the literary discussion has been criticized for poorly addressing the needs of victims and placing the issue of reparations on the sidelines. Further, transitional justice programs often had the practical effect of subordinating the individual victims to the majority’s desire to ignore the past. Several reparations initiatives have even been accused of re–victimizing the survivors or attempting to buy the victims’ silence.
Collective Reparations
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Author : Diana Odier Contreras-Garduno
language : en
Publisher:
Release Date : 2018
Collective Reparations written by Diana Odier Contreras-Garduno and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Group rights categories.
This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations.
Collective Reparations
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Author : Diana Odier-Contreras Garduno
language : en
Publisher:
Release Date : 2018
Collective Reparations written by Diana Odier-Contreras Garduno and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Human rights categories.
Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them. This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide
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Author : Cordula Dröge
language : en
Publisher:
Release Date : 2006
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide written by Cordula Dröge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Government liability (International law) categories.
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 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.
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.
Reparations For Indigenous Peoples
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Author : Federico Lenzerini
language : en
Publisher: OUP Oxford
Release Date : 2008-01-24
Reparations For Indigenous Peoples written by Federico Lenzerini and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-24 with Law categories.
Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
Eu Cartel Enforcement
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Author : Andreas Scordamaglia-Tousis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-08-01
Eu Cartel Enforcement written by Andreas Scordamaglia-Tousis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-01 with Law categories.
There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following: investigatory powers vested in competition authorities; the privilege against self-incrimination; right to privacy; “fair trial” probatory requirements; degree of use of presumptions in EU practice; Article 6 ECHR guarantees pertaining to the presumption of innocence; proving coordination of competitive behaviour; proving restriction of competition; admissibility of evidence before EU Courts and the Commission; assessment of the attribution of liability rules; EU fining rules; judicial review of cartel decisions by EU Courts; and national sanctioning rules. The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions. General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem. In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.
Reparations By Non State Armed Groups Under International Law
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Author : Olivia Herman
language : en
Publisher: Taylor & Francis
Release Date : 2024-07-11
Reparations By Non State Armed Groups Under International Law written by Olivia Herman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-11 with Law categories.
This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups’ duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia’s experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.