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Author: Alette Smeulers
Publisher: Oxford University Press
ISBN: 0192565508
Category : Law
Languages : en
Pages : 424
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Book Description
Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.
Author: Alette Smeulers
Publisher: Oxford University Press
ISBN: 0192565508
Category : Law
Languages : en
Pages : 424
Get Book Here
Book Description
Why would anyone commit a mass atrocity such as genocide, crimes against humanity, war crimes, or terrorism? This question is at the core of the multi- and interdisciplinary field of perpetrator studies, a developing field which this book assesses in its full breadth for the first time. Perpetrators of International Crimes analyses the most prominent theories, methods, and evidence to determine what we know, what we think we know, as well as the ethical implications of gathering this knowledge. It traces the development of perpetrator studies whilst pushing the boundaries of this emerging field. The book includes contributions from experts from a wide array of disciplines, including criminology, history, law, sociology, psychology, political science, religious studies, and anthropology. They cover numerous case studies, including prominent ones such as Nazi Germany, Rwanda, and the former Yugoslavia, but also those that are relatively under researched and more recent, such as Sri Lanka and the Islamic State. These have been investigated through various research methods, including but not limited to, trial observations and interviews.
Author: Neha Jain
Publisher: Hart Publishing
ISBN: 9781509907397
Category : Law
Languages : en
Pages : 0
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Book Description
International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.
Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 1107060036
Category : Law
Languages : en
Pages : 371
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Book Description
A practical guide to what motivates international crimes and how these are structured and investigated in theory and practice.
Author: Alette Smeulers
Publisher: BRILL
ISBN: 9004215883
Category : Law
Languages : en
Pages : 552
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Book Description
International crimes such as genocide, crimes against humanity and war crimes as well as other gross human rights violations are manifestations of collective violence which endanger international peace and security. and warrant our full attention. It however takes a multi- and interdisciplinary approach to understand the true nature and causes of this type of criminality. The aim of this book is to take such an approach and to provide university students, scholars, professionals and practitioners within the field with the knowledge they need. The legal background and particularities of international crimes; the social context in which these crimes are committed as well as the perpetrators and bystanders thereof are studied. Within the book many case studies are presented as illustrations.
Author: Martha Minow
Publisher: University of Michigan Press
ISBN: 0472120867
Category : Law
Languages : en
Pages : 397
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Book Description
The establishment of the International Criminal Court (ICC) gave rise to the first permanent Office of the Prosecutor (OTP), with independent powers of investigation and prosecution. Elected in 2003 for a nine-year term as the ICC’s first Prosecutor, Luis Moreno Ocampo established policies and practices for when and how to investigate, when to pursue prosecution, and how to obtain the cooperation of sovereign nations. He laid a foundation for the OTP’s involvement with the United Nations Security Council, state parties, nongovernmental organizations, victims, the accused, witnesses, and the media. This volume of essays presents the first sustained examination of this unique office and offers a rare look into international justice. The contributors, ranging from legal scholars to practitioners of international law, explore the spectrum of options available to the OTP, the particular choices Moreno Ocampo made, and issues ripe for consideration as his successor, Fatou B. Bensouda, assumes her duties. The beginning of Bensouda’s term thus offers the perfect opportunity to examine the first Prosecutor’s singular efforts to strengthen international justice, in all its facets.
Author: Randle C. DeFalco
Publisher: Cambridge University Press
ISBN: 1108487416
Category : Law
Languages : en
Pages : 313
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Book Description
This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
Author: Florian Jeßberger
Publisher: Cambridge University Press
ISBN: 1108475140
Category : History
Languages : en
Pages : 411
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Book Description
Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.
Author: Kjell Anderson
Publisher: University of Wisconsin Press
ISBN: 0299329704
Category : Political Science
Languages : en
Pages : 248
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Book Description
Researchers often face significant and unique ethical and methodological challenges when conducting qualitative field work among people who have been identified as perpetrators of genocide. This can include overcoming biases that often accompany research on perpetrators; conceptualizing, identifying, and recruiting research subjects; risk mitigation and negotiating access in difficult contexts; self-care in conducting interviews relating to extreme violence; and minimizing harm for interviewees who may themselves be traumatized. This collection of case studies by scholars from a range of disciplinary backgrounds turns a critical and reflective eye toward qualitative fieldwork on the topic. Framed by an introduction that sets out key issues in perpetrator research and a conclusion that proposes and outlines a code of best practice, the volume provides an essential starting point for future research while advancing genocide studies, transitional justice, and related fields. This original, important, and welcome contribution will be of value to historians, political scientists, criminologists, anthropologists, lawyers, and legal scholars.
Author: Farhad Malekian
Publisher: BRILL
ISBN: 9004203966
Category : Law
Languages : en
Pages : 477
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Book Description
The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.
Author: Ciara Damgaard
Publisher: Springer Science & Business Media
ISBN: 354078781X
Category : Law
Languages : en
Pages : 461
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Book Description
1.1 Opening Remarks and Objectives Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law 2 be enforced. This is, perhaps, the most renowned citation from the judgment of the Int- national Military Tribunal at Nuremberg (“IMT”). In the six decades which have passed since the IMT judgment was handed down, the recognition of the c- cept of individual criminal responsibility for core international crimes has been significantly reinforced and developed, particularly since the establishment of the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”) in the 1990’s and most recently the International Criminal Court (“ICC”). The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
