Justice in Conflict

Justice in Conflict PDF 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.

Contested Justice

Contested Justice PDF Author: Christian De Vos
Publisher: Cambridge University Press
ISBN: 1316483266
Category : Law
Languages : en
Pages : 525

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Book Description
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

International Law and Justice

International Law and Justice PDF Author: John R. Rowan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 260

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Book Description
Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.

The Work of the International Law Commission

The Work of the International Law Commission PDF Author: Vereinte Nationen International Law Commission
Publisher:
ISBN: 9789211337631
Category :
Languages : en
Pages : 428

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Book Description


Protection of Civilians

Protection of Civilians PDF Author: Haidi Willmot
Publisher: Oxford University Press
ISBN: 019872926X
Category : Law
Languages : en
Pages : 497

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Book Description
The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.

The International Criminal Court

The International Criminal Court PDF Author: Marlies Glasius
Publisher: Routledge
ISBN: 1134315678
Category : Law
Languages : en
Pages : 177

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Book Description
A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

The African Criminal Court

The African Criminal Court PDF Author: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Category : Law
Languages : en
Pages : 349

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Book Description
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Routledge Handbook of International Relations in the Middle East

Routledge Handbook of International Relations in the Middle East PDF Author: Shahram Akbarzadeh
Publisher: Routledge
ISBN: 1351859528
Category : Political Science
Languages : en
Pages : 545

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Book Description
This handbook examines the regional and international dynamics of the Middle East. It challenges the state society dichotomy to make sense of decision-making and behavior by ruling regimes. The 33 chapter authors include the world’s leading scholars of the Middle East and International Relations (IR) in order to make sense of the region. This synthesis of area studies expertise and IR theory provides a unique and rigorous account of the region’s current dynamics, which have reached a crisis point since the beginning of the Arab Spring. The Middle East has been characterized by volatility for more than a century. Although the region attracts significant scholarly interest, IR theory has rarely been used as a tool to understand events. The constructivist approach in IR highlights the significance of state identity, shaped by history and culture, in making sense of international relations. The authors of this volume consider how IR theory can elucidate the patterns and principles that shape the region, in order to provide a rigorous account of the contemporary challenges of the Middle East. The Routledge Handbook of International Relations in the Middle East provides comprehensive coverage of International Relations issues in the region. Thus, it offers key resources for researchers and students interested in International Relations and the Middle East.

Courting Conflict?

Courting Conflict? PDF Author: Nicholas Waddell
Publisher: Young Writers
ISBN: 9780955862205
Category : International crimes
Languages : en
Pages : 80

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Book Description
The International Criminal Court's operations in Africa have encountered significant difficulties. While the work of the Court has taken concrete shape, so have its challenges. The title of this collection, Courting Conflict?, alludes to the inherent problems of pursuing justice in the midst of violence. It also points to the tremendous controversy generated by the ICC's work to date, not least the charge leveled at the Court that its actions risk prolonging conflict by jeopardizing peace deals. This collection investigates the politics of the ICC's interventions in Africa. Rather than exploring the progress of the ICC per se, the essays address Africa's encounters with the Court and the Court's encounters with Africa. The authors avoid treating African countries simply as a geographical arena for a new international justice body. They also resist discussing the ICC in legal terms only. Instead, the essays situate debates about the Court in specific social, cultural and political contexts where contending local, national and international pressures apply. The contributors address the ICC's relationships with the governments, non-state groups, national judiciaries and local populations of the countries where it is active. Coverage of the ICC has often belied the complexity of these relationships and has either romanticized or demonized the Court's interventions. These essays take the form of short comment pieces, written to stir and broaden debate on the ICC but also to help move it beyond the sensational and oversimplified.

U.S. Policy Toward the International Criminal Court

U.S. Policy Toward the International Criminal Court PDF Author:
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 194

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Book Description
The Rome Statute establishing the International Criminal Court (ICC or Court) entered into force on July 1, 2002. With the Court now established and developing a track record of engagement in situations, such as Darfur, that are of great interest to the United States, it seemed that there might be important ways in which the United States might engage and support the Court, whether joining it or short of joining it. This Task Force has undertaken such a review, hearing from more than a dozen experts and officials representing a variety of perspectives on the ICC. Our conclusion, detailed in the recommendations in this report, is that the United States should announce a policy of positive engagement with the Court, and that this policy should be reflected in concrete support for the Court's efforts and the elimination of legal and other obstacles to such support. The Task Force does not recommend U.S. ratification of the Rome Statute at this time. But it urges engagement with the ICC and the Assembly of States Parties in a manner that enables the United States to help further shape the Court into an effective accountability mechanism. The Task Force believes that such engagement will also facilitate future consideration of whether the United States should join the Court.