Author: Melinda Rankin
Publisher: Cambridge University Press
ISBN: 1108498167
Category : Law
Languages : en
Pages : 267

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Book Description
This book shines light on the role of 'de facto international prosecutors' as an emerging phenomenon.

Author: Melinda Rankin
Publisher: Cambridge University Press
ISBN: 1108580769
Category : Law
Languages : en
Pages : 267

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Book Description
In the past decades, great strides have been made to ensure that crimes against humanity and state-sponsored organized violence are not committed with impunity. Alongside states, large international organizations such as the United Nations and forums such as the International Criminal Court, 'de facto international prosecutors' have emerged to address these crimes. Acting as investigators and evidence-gathers to identify individuals and officials engaged in serious human rights violations, these 'private' non-state actors, and state legal 'officials' in a foreign court, pursue criminal accountability for those most responsible for core international crimes. They do so when local options to investigate fail and an international criminal tribunal remains unavailable. This study outlines three case studies of witnesses and victims who pursue those most responsible, including former heads of state. It examines their practices and strategies, and shows how witnesses and victims of core crimes emerge as key leaders in the accountability process.

Author: Makoto Seta
Publisher: BRILL
ISBN: 9004681477
Category : Law
Languages : en
Pages : 262

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Book Description
Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.

Author: Nele Kortendiek
Publisher: Oxford University Press
ISBN: 0198889143
Category : Political Science
Languages : en
Pages : 241

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Book Description
Global Governance on the Ground offers a new approach to how international organizations govern. Through an in-depth look at the case of migration and asylum, the book argues that international organizations (IOs) not only govern global challenges through rules, standards, expertise, and numbers but also through practice on the ground. Much scholarship has been devoted to the question of how IOs become autonomous agents and exercise authority to shape governance outcomes. Far less attention has been given to the way IOs use their field access to govern global issues on the ground-without first going through formal policy channels or renegotiating their authority. The book demonstrates that through field-based practice, IOs directly regulate global issues in the spaces where they become virulent, in different locations across the globe. The book draws on ethnographic fieldwork at the European external border, comprising interviews at the headquarters of seven organizations, including the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and three humanitarian NGOs. This, combined with an extensive document analysis, shows that field staff improvise to organize collective action on under-regulated issues and that headquarter staff consolidate and diffuse their operational knowledge. The book conceptualizes this governance mode that operates at a low institutional threshold but largely determines the de facto governance of contested or crisis-ridden global problems.

Author: Courtney Stanhope Kenny
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 0

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Book Description

Author: Luc Reydams
Publisher: Oxford University Press
ISBN: 0199554293
Category : History
Languages : en
Pages : 1029

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Book Description
The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.

Author: Helmut Philipp Aust
Publisher: Cambridge University Press
ISBN: 1139499629
Category : Law
Languages : en
Pages : 521

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Book Description
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

Author: Carsten Stahn
Publisher: Oxford University Press
ISBN: 0192607936
Category : Law
Languages : en
Pages : 673

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Book Description
The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.

Author: Richard J. Goldstone
Publisher: Routledge
ISBN: 1317623703
Category : Political Science
Languages : en
Pages : 231

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Book Description
This fully-updated and much expanded second edition provides a much needed, short and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prosecutor and a leading international law expert, this book analyses the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: New updates on recently found records of the United Nations War Crimes Commission. Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda Updates on the Special Tribunal For Lebanon A re-evaluation of the future of the International Criminal Court International Judicial Institutions: Second Edition will be of great interest to students of International Politics, Criminology and Law.

Author: Holly Cullen
Publisher: BRILL
ISBN: 9004372490
Category : Law
Languages : en
Pages : 407

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Book Description
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 (ICL). As a nascent legal regime that seeks to regulate the longstanding power of states to manage war and crime, ICL faces challenges to its legitimacy, including disagreement over its aims and effectiveness; inequality in the work of its institutions; and opposition from dominant countries. The editors bring together eleven senior and emerging scholars and practitioners from Europe, Asia, Africa, Australia and North America to analyse these challenges from an illuminating range of theoretical and empirical perspectives. Taken together, the collection ultimately helps advance our understanding of the particularly charged relationship between law and politics in ICL.