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Author: M. Cherif Bassiouni
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1054
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Book Description
This publication includes a survey of world conflicts that occurred between 1945 and 2008, the level of victimization they produced, and the subsequent post-conflict justice (ICJ) mechanisms which were applied. It is intended to show the scope of the problem faced by international criminal justice, and how the International Criminal Court needs to shape its mission and approach to address ICJ needs and expectations.
Author: M. Cherif Bassiouni
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1054
Get Book Here
Book Description
This publication includes a survey of world conflicts that occurred between 1945 and 2008, the level of victimization they produced, and the subsequent post-conflict justice (ICJ) mechanisms which were applied. It is intended to show the scope of the problem faced by international criminal justice, and how the International Criminal Court needs to shape its mission and approach to address ICJ needs and expectations.
Author: M. Cherif Bassiouni
Publisher: Brill Nijhoff
ISBN: 9781571051530
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.
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: Ayodele Akenroye
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
"There has been an increase in the attention paid to victims of international crimes in the context of recent efforts made in the field of international criminal justice. However, international law's attention to victims is arguably much older. What is new, is the attempt to formalize and legalize the status of victims and the ensuing dilemmas that arise. Moreover, it is clearly not simply the case that international criminal law grants victims' certain rights. Rather, in the process of granting such rights, international criminal law constitutes victims. In doing so, international law is required to constantly arbitrate the complex dilemma surrounding the fundamental nature of victimhood. A certain 'ideal victim' is thereby produced. The production of victimhood through international law is arguably part of the self-constitution of international law. This thesis will investigate some of the ways in which victimhood has been produced in the history of international law, and how the continuation of that process can be harnessed to better understand the evolving nature of international law. Thus, this thesis argues that the production of victimhood in international law and international criminal law remains a fraught and ideologically loaded process. " --
Author: Tiyanjana Maluwa
Publisher: BRILL
ISBN: 9004340076
Category : Law
Languages : en
Pages : 593
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Book Description
The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work. Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.
Author: George Andreopoulos
Publisher: Springer Science & Business Media
ISBN: 1441911022
Category : Social Science
Languages : en
Pages : 212
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Book Description
In recent years, justice-related and human rights issues have figured more and more prominently on the international political agenda. This expansion of the justice space is a product of a growing demand for accountability in world politics. Whether the issue is addressing heinous crimes such as genocide, war crimes and crimes against humanity in situations of armed conflict, confronting the inability or reluctance of governments to protect their own populations, or responding to the challenges posed by transnational terrorism; the international community has witnessed the proliferation of institutions and mechanisms, as well as the dynamic interplay between domestic and international processes, in the pursuit of justice-sensitive outcomes. International and hybrid tribunals, UN-led and domestic counter-terrorist initiatives, and the use of force for human protection purposes have demarcated the space within which ethical, political, and legal debates have unfolded in the quest for a more humane world order. The contributors of International Criminal Justice: Theoretical and Legal Perspectives address some of the most important issues and debates involved in this quest, and assess the merits of contending approaches to the promotion of international justice norms. This volume will contribute to the ongoing debate on the challenges, as well as opportunities, facing the justice agenda in its effort to shape developments in an increasingly interdependent world.
Author: Yitiha Simbeye
Publisher: Routledge
ISBN: 1351928457
Category : Law
Languages : en
Pages : 129
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Book Description
Two events occurred in 1998 that had far-reaching consequences for international justice: the adoption of the Statute for the International Criminal Court by the Diplomatic Conference of Plenipotentiaries in Rome (the Rome Statute); and the arrest in London of former President Pinochet for crimes against humanity. These events are, for many, the culmination of attempts to seek legal redress against those who commit international crimes. This stimulating, ground-breaking book debates the issues raised by international crimes. It highlights the two competing international law needs that must be addressed in this situation: the pursuit of international justice (which international criminal law purports to uphold), and the maintenance of international peace and security - an important rationale for the immunities of state officials abroad.
Author:
Publisher: OUP Oxford
ISBN: 0191553441
Category : Law
Languages : en
Pages : 1093
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Book Description
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
Author: Nerida Chazal
Publisher: Routledge
ISBN: 1317589661
Category : Law
Languages : en
Pages : 175
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Book Description
The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.
Author: Takeh B. K. Sendze
Publisher: Springer Nature
ISBN: 9462655553
Category : Law
Languages : en
Pages : 457
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Book Description
This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.
