Author: Ivor Sokolić
Publisher: Springer
ISBN: 3319908413
Category : Political Science
Languages : en
Pages : 229
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Book Description
The extra-legal effects of international and domestic war crimes trials continue to puzzle researchers and practitioners. In the former Yugoslav states, the legacy of conflict and issues of transitional justice remains central in politics, society and culture. This book provides a new theoretical and methodological approach to one of these puzzles: why universal human rights norms become distorted or undermined when they reach local publics. It investigates the social and cultural contexts that transitional justice processes take place in by looking at how emotional everyday narratives can hamper the spread of norms in society. In Croatia, these narratives define how the public understands the rule of law, history and minority rights.
Author: Robert I. Rotberg
Publisher: Brookings Institution Press
ISBN: 0815704712
Category : Political Science
Languages : en
Pages : 265
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Book Description
A dozen scholars explore what can be done to combat genocide, ethnic cleansing and other crimes against humanity, which, despite grisly examples from the past century, continue to rear their ugly head today. Original.
Author: Jacopo Roberti di Sarsina
Publisher: Springer
ISBN: 9462652767
Category : Law
Languages : en
Pages : 283
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Book Description
This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
Author: Mark A. Drumbl
Publisher: Cambridge University Press
ISBN: 1139464566
Category : Law
Languages : en
Pages : 211
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Book Description
This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Author: Mark Osiel
Publisher: Cambridge University Press
ISBN: 1139480650
Category : Political Science
Languages : en
Pages : 277
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Book Description
Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the experience of several prosecutions, this book both trenchantly diagnoses the law's limits at such times and offers a spirited defence of its moral and intellectual resources for meeting the vexing challenge of holding anyone criminally accountable for mass atrocity. Just as war criminals develop new methods of eluding law's historic grasp, so criminal law flexibly devises novel responses to their stratagems. Mark Osiel examines several such legal innovations in international jurisprudence and proposes still others.
Author: Cassandra Steer
Publisher: Springer
ISBN: 946265171X
Category : Law
Languages : en
Pages : 399
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Book Description
This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.
Author: Gareth Evans
Publisher: Rowman & Littlefield
ISBN: 0815701802
Category : Political Science
Languages : en
Pages : 369
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Book Description
"Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never
Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
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Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author: Marie-Claude Jean-Baptiste
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283480839
Category : Law
Languages : en
Pages : 4
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Book Description
Author:
Publisher:
ISBN: 9780896047167
Category :
Languages : en
Pages :
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