War Crimes Tribunals And Transitional Justice
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War Crimes Tribunals And Transitional Justice
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Author : Madoka Futamura
language : en
Publisher: Routledge
Release Date : 2007-10-11
War Crimes Tribunals And Transitional Justice written by Madoka Futamura and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-11 with History categories.
This volume critically re-examines the validity of theNuremberg legacy as the universal model by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan.
The Un International Criminal Tribunals
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Author : Klaus Bachmann
language : en
Publisher: Routledge
Release Date : 2015-03-24
The Un International Criminal Tribunals written by Klaus Bachmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-24 with Political Science categories.
Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.
Atrocities And International Accountability
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Author : Edel Hughes
language : en
Publisher:
Release Date : 2007
Atrocities And International Accountability written by Edel Hughes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.
Rebuilding societies where conflict has occurred is rarely a simple process. Where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes very controversial. The traditional debate on "transitional justice" sought to balance justice, truth, accountability, peace, and stability. The appearance of impunity for past crimes undermines confidence in new democratic structures and casts doubt upon commitments to human rights. Yet the need to consolidate peace sometimes resulted in reluctance on the part of authorities --both local and international --to confront suspected perpetrators of human rights violations, especially when they are a part of a peace process. Experience in many regions of the world therefore suggested a tradeoff between peace and justice. But that is changing. There is a growing consensus that some forms of justice and accountability are integral to --rather than in tension with --peace and stability. This volume considers whether we are truly going beyond the transitional justice debate. It brings together eminent scholars and practitioners with direct experience in some of the most challenging cases of international justice, and illustrates that justice and accountability remain complex, but not mutually exclusive, ideals.
Narratives Of Justice In And Out Of The Courtroom
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Author : Dubravka Zarkov
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-04-14
Narratives Of Justice In And Out Of The Courtroom written by Dubravka Zarkov 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 2014-04-14 with Psychology categories.
This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing narratives of crimes, perpetrators and victims are produced, circulated and contested. It analyzes how international criminal law and the courts gather, and in turn produce, knowledge about societies in war, their histories and identities, and their relations to the wider world. Moreover, the volume situates narratives of transitional justice in former Yugoslavia both within specific national spaces - such as Serbia, and Bosnia - and beyond the Yugoslav. In this way it also considers experiences from other countries and other times (post-World War II) to offer a sounding board for re-thinking the meanings of transitional justice and institutions within former Yugoslavia. Included in the volume's coverage is a look at the Rwandan tribunals, the trials of Charles Taylor, Radovan Karadzic, the Srebrenica genocide, and other war crimes and criminals in the Yugoslav. Finally, it frames all of those narratives and experiences within the global dynamics of legal, social and geo-political transformations, making it an excellent resource for social science researchers, human rights activists, those interested in the former Yugoslavia and international relations, and legal scholars.
War Crimes Trials In Bosnia And Herzegovina
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Author : Lejla Rüedi
language : en
Publisher: Dike Publishers
Release Date : 2015
War Crimes Trials In Bosnia And Herzegovina written by Lejla Rüedi and has been published by Dike Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Criminal procedure (International law) categories.
This book examines transitional justice mechanisms as applied in Bosnia and Herzegovina, with a clear focus on criminal justice mechanisms, primarily on national war crimes trials. The Federation of Bosnia and Herzegovina has been a complex field of experiments for the outreach and referral program of the International Criminal Tribunal for the former Yugoslavia (ICTY). Meanwhile, most of the war crimes trials that were referred from the ICTY to the domestic jurisdiction have been completed. While these trials were mainly focused on the "big fishes" that were regarded as the most responsible for the atrocities during the 1992-1995 armed conflict, the rest of the suspected war criminals are prosecuted by the national authorities. The book provides an overview of national war crimes prosecutions in Bosnia and Herzegovina. It focuses on key problems of substantive and procedural criminal law aspects, such as the application of various different Criminal Codes for the same crimes at the state and entity level, as well as the introduction and application of plea bargaining in war crimes cases. (Series: International Criminal Law / Volkerstrafrecht und internationales Strafrecht - Vol. 5) [Subject: Transitional Justice, International Law, Criminal Law, Human Rights Law]
International Trials And Reconciliation
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Author : Janine Natalya Clark
language : en
Publisher: Routledge
Release Date : 2014-06-20
International Trials And Reconciliation written by Janine Natalya Clark and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-20 with Law categories.
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
National Trials Of International Crimes In Bangladesh
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Author : M. Rafiqul Islam
language : en
Publisher: BRILL
Release Date : 2019-03-19
National Trials Of International Crimes In Bangladesh written by M. Rafiqul Islam and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Law categories.
This book presents an account and interpretation of the major legal issues arising in course of the trial process and their judicial expositions reflected in the judgments and underscores their precedential significance, legacy, and contribution.
Some Kind Of Justice
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Author : Diane Orentlicher
language : en
Publisher: Oxford University Press
Release Date : 2018
Some Kind Of Justice written by Diane Orentlicher and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how an international war crimes tribunal affects local communities and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Operating until the end of 2017, the ICTY is the longest-running war crimes tribunal in history. Its record thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence. Book jacket.
Reassessing The Nuremberg Military Tribunals
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Author : Kim Christian Priemel
language : en
Publisher: Berghahn Books
Release Date : 2012
Reassessing The Nuremberg Military Tribunals written by Kim Christian Priemel and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with History categories.
For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949. Kim C. Priemel is Assistant Professor of History at Humboldt University Berlin, Germany. Alexa Stiller is Research Associate at the Department of Modern History and Contemporary History, University of Berne, Switzerland.
Peace And Justice
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Author : Rachel Kerr
language : en
Publisher: Polity
Release Date : 2007-10-29
Peace And Justice written by Rachel Kerr and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-29 with Law categories.
In recent years there has been a tendency to intervene in the military, political and economic affairs of failed and failing states and those emerging from violent conflict. In many cases this has been accompanied by some form of international judicial intervention to address serious and widespread abuses of international humanitarian law and human rights in recognition of an explicit link between peace and justice. A range of judicial and non-judicial approaches has been adopted in recognition of the fact that there is no one-size-fits-all model through which to seek accountability. This book considers the merits and drawbacks of these different responses and sets out an original framework for analysing transitional societies and transitional justice mechanisms. Taking as its starting point the post-Second World War tribunals at Nuremburg and Tokyo, the book goes on to discuss the creation of ad hoc international tribunals in the 1990s, hybrid/mixed courts, the International Criminal Court, domestic trials, truth commissions and traditional justice mechanisms. With examples drawn from across the world, including the former Yugoslavia, Rwanda, Cambodia, Timor-Leste, Sierra Leone, Uganda and the DRC, it presents a compelling and comprehensive study of the key responses to war crimes. Peace and Justice is a timely contribution in a world where an ever-increasing number of post-conflict societies are grappling with the complex issues of transitional justice. It will be a valuable resource for students, scholars, practitioners and policy-makers seeking to understand past violations of human rights and the most effective ways of addressing them.