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Author: Marshet Tadesse Tessema
Publisher: Springer
ISBN: 9462652554
Category : Law
Languages : en
Pages : 310
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Book Description
This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years’ rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no “one size fits all” mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punish/divegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia’s legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa./div
Author: Marshet Tadesse Tessema
Publisher: Springer
ISBN: 9462652554
Category : Law
Languages : en
Pages : 310
Get Book Here
Book Description
This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years’ rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no “one size fits all” mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punish/divegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia’s legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa./div
Author: Tadesse Simie Metekia
Publisher: International Criminal Law
ISBN: 9789004447257
Category : Law
Languages : en
Pages : 505
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Book Description
Introduction -- The decision to prosecute core crimes : contexts and contents -- The decisions to prosecute : possible motivations -- The decisions to prosecute : who should be brought to justice? -- The crime of genocide in Ethiopian Law -- The crime of genocide in Ethiopian trials : elements of the crime -- War crimes in Ethiopia : law and practice -- Punishment and sentencing of core crimes in Ethiopia -- Conclusion.
Author: Marshet Tadesse Tessema
Publisher: T.M.C. Asser Press
ISBN: 9789462652545
Category : Law
Languages : en
Pages : 303
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Book Description
This book investigates the road map or the transitional justice mechanisms that the Ethiopian government chose to confront the gross human rights violations perpetrated under the 17 years’ rule of the Derg, the dictatorial regime that held power from 1974 to 1991. Furthermore, the author extensively examines the prosecution of politicide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities of the past is necessary, not for its own sake, but to clear the way for a new beginning. In other words, ignoring gross human rights violations and attempting to close the chapter on an oppressive dictatorial past by choosing to let bygones be bygones, is no longer a viable option when starting on the road to a democratic future. For unaddressed atrocities and a sense of injustice would not only continue to haunt a nation but could also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government when confronting the evils of the past. There are a variety of transitional mechanisms to choose from, but there is no “one size fits all” mechanism. Of all the transitional justice mechanisms, namely truth commissions, lustration, amnesty, prosecution, and reparation, the Ethiopian government chose prosecution as the main means for dealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes of former regimes is an inadequate legal framework by which to criminalize and punish egregious human rights violations. With the aim of examining whether or not Ethiopia had confronted this challenge, the book examines both Ethiopia’s legal framework regarding crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas of genocide studies, international criminal law and transitional justice. Furthermore, students in the fields of international criminal law, transitional justice and human rights will find relevant information on the national prosecution of politicide in particular and the question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law and Governance at Jimma University in Ethiopia, and Postdoctoral Fellow of the South African-German Centre, University of the Western Cape in South Africa.
Author: Lavinia Stan
Publisher: Cambridge University Press
ISBN: 1107065569
Category : Law
Languages : en
Pages : 357
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Book Description
Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.
Author: Assistant Professor of Political Science Lavinia Stan
Publisher:
ISBN: 9781108475617
Category : Law
Languages : en
Pages : 0
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Book Description
'The Encyclopedia of Transitional Justice' remains the most important reference tool that presents the state of the art in the field of reckoning with the legacy of past human rights abuses. Scholars and practitioners from all continents summarise country experiences, and present transitional justice methods, debates, institutions and concepts.
Author: Peter Hoeres
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110796627
Category : History
Languages : en
Pages : 560
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Book Description
Numerous studies concerning transitional justice exist. However, comparatively speaking, the effects actually achieved by measures for coming to terms with dictatorships have seldom been investigated. There is an even greater lack of transnational analyses. This volume contributes to closing this gap in research. To this end, it analyses processes of coming to terms with the past in seven countries with different experiences of violence and dictatorship. Experts have drawn up detailed studies on transitional justice in Albania, Argentina, Ethiopia, Chile, Rwanda, South Africa and Uruguay. Their analyses constitute the empirical material for a comparative study of the impact of measures introduced within the context of transitional justice. It becomes clear that there is no sure formula for dealing with dictatorships. Successes and deficits alike can be observed in relation to the individual instruments of transitional justice - from criminal prosecution to victim compensation. Nevertheless, the South American states perform much better than those on the African continent. This depends less on the instruments used than on political and social factors. Consequently, strategies of transitional justice should focus more closely on these contextual factors.
Author: Christopher Soler
Publisher: Springer Nature
ISBN: 9462653356
Category : Law
Languages : en
Pages : 704
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Book Description
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Author: Bridget Conley
Publisher: Oxford University Press
ISBN: 0192688154
Category : Law
Languages : en
Pages : 497
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Book Description
Famine is an age-old scourge that almost disappeared in our lifetime. Between 2000 and 2011 there were no famines and deaths in humanitarian emergencies were much reduced. The humanitarian agenda was ascendant. Then, in 2017, the United Nations identified four situations that threatened famine or breached that threshold in north-eastern Nigeria, Somalia, South Sudan, and Yemen. Today, this list is longer. Each of these famines is the result of military actions and exclusionary, authoritarian politics conducted without regard to the wellbeing or even the survival of people. Violations of international law including blockading ports, attacks on health facilities, violence against humanitarian workers, and obstruction of relief aid are carried out with renewed impunity. Yet there is an array of legal offenses, ranging from war crimes and crimes against humanity to genocide, available to a prosecutor to hold individuals to account for the deliberate starvation of civilians. However, there has been a dearth of investigations and accountability for those violating international law. The reasons for this neglect and the gaps between the black-letter law and practice are explored in this timely volume. It provides a comprehensive overview of the key themes and cases required to catalyze a new approach to understanding the law as it relates to starvation. It also illustrates the complications of historical and ongoing situations where starvation is used as a weapon of war, and provides expert analysis on defining starvation, early warning systems, gender and mass starvation, the use of sanctions, journalistic reporting, and memorialization of famine.
Author: Barbora Holá
Publisher: Oxford University Press
ISBN: 0190915625
Category : Law
Languages : en
Pages : 985
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Book Description
"The Oxford Handbook on Atrocity Crimes consolidates and further develops the evolving field of atrocity studies by combining major mono-, inter-, and multi-disciplinary research on atrocity crimes in one volume encompassing contributions of leading scholars. Atrocity crimes-war crimes, crimes against humanity, and genocide-are manifestations of large scale and systematic criminality committed within specific political, ideological, and societal contexts. These crimes are committed by a multiplicity of actors against a large number of victims who suffer far-reaching consequences. Scholars studying mass atrocities are scattered not only across disciplines-such as international (criminal) law, international relations, criminology, political science, psychology, sociology, history, anthropology, or demography-but also across the topic-related fields, which are by definition multi- and interdisciplinary but are typically limited to a particular category or aspect of atrocity crimes. This Handbook brings together these strands of scholarship on (mass) atrocities and interrogates atrocity crimes as an overarching category of criminality, while simultaneously keeping an eye on differences among the individual constitutive categories. The Handbook covers topics related to the etiology and causes of atrocities, the actors involved, the harm and victims of atrocity crimes, the reactions to mass atrocities, and in-depth case studies of understudied situations of war crimes, crimes against humanity, and genocide"--
Author: Edward Kissi
Publisher: Lexington Books
ISBN: 0739160370
Category : Political Science
Languages : en
Pages : 220
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Book Description
Revolution and Genocide in Ethiopia and Cambodia is the first comparative study of the Ethiopian and Cambodian revolutions of the early 1970s. One of the few comparative studies of genocide in the developing world, this book presents some of the key arguments in traditional genocide scholarship, but the book's author, Edward Kissi, takes a different position, arguing that the Cambodian genocide and the atrocious crimes in Ethiopia had very different motives. Kissi's findings reveal that genocide was a tactic specifically chosen by Cambodia's Khmer Rouge to intentionally and systematically annihilate certain ethnic and religious groups, whereas Ethiopia's Dergue resorted to terror and political killing in the effort to retain power. Revolution and Genocide in Ethiopia and Cambodia demonstrates that the extent to which revolutionary states turn to policies of genocide depends greatly on how they acquire their power and what domestic and international opposition they face. This is an important and intriguing book for students of African and Asian history and those interested in the study of genocide.
