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Author: Lyal S. Sunga
Publisher: BRILL
ISBN: 9004479848
Category : Law
Languages : en
Pages : 252
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Book Description
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Author: Lyal S. Sunga
Publisher: BRILL
ISBN: 9004479848
Category : Law
Languages : en
Pages : 252
Get Book
Book Description
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Author: Juan Carlos Ochoa S.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004212167
Category : Law
Languages : en
Pages : 333
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Book Description
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Author: Ilia Siatitsa
Publisher:
ISBN: 9780192677655
Category : Electronic books
Languages : en
Pages : 0
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Book Description
This monograph represents the most recent analysis of the use of the expression 'serious violations of human rights' in international practice. It proposes a systematic and structured engagement with the international practice around serious violations of human rights.
Author: Anja Seibert-Fohr
Publisher: Oxford University Press
ISBN: 0199569320
Category : History
Languages : en
Pages : 363
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Book Description
Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.
Author: Ilia Siatitsa
Publisher: Oxford University Press
ISBN: 0192863045
Category : Human rights
Languages : en
Pages : 289
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Book Description
This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.
Author: Miguel Angel MartÃnez MartÃnez
Publisher: Springer Nature
ISBN: 3031427122
Category : Social Science
Languages : en
Pages : 75
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Book Description
This book seeks to contribute to the analysis of the serious violations of human rights in Mexico during the processes of democratic transition and the "War on Drugs" by taking bodies and territories as archives of the crimes committed by the Mexican State in the last decades. The text presents an analysis of the disappearance of persons, forced internal displacement, and gender violence as systematic expressions of State violence. These fields of research allow us to point out tensions between social practices and the institutional fragility that systematically denies human rights violations while at the same time ratifies and celebrates them. The thematic knotting between bodies and territories is anchored in the processes of shaping a memory that expresses State violence and presents the silenced resistances of minority social groups that elude the traditional forms of registration, control and collection of data. From these coordinates, body-territories are approached as scenarios where intersectionally-knotted violences unfold. The theoretical approaches considered are mobilized through a critical approach to capitalism, colonialism and patriarchy in order to analyze public policies and narratives related to the protection of bodies-territories, as well as the responses to the needs, interests and preferences of different groups and individuals whose lives are marked by the experience of serious human rights violations. Finally, this approach also considers the new ways in which crimes against humanity unfold in situations of democratic transition, as well as the forms of symbolic exchanges in the transmission of meaning and community bonding. Bodies, Territories and Serious Violations of Human Rights in Mexico will be of interest to academic researchers and graduate students in different fields of knowledge, such as criminology, sociology, history, anthropology, philosophy, psychology and the interdisciplinary field of human rights studies.
Author: M. Cherif Bassiouni
Publisher:
ISBN:
Category : Crimes against humanity
Languages : en
Pages : 368
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Book Description
Author: Kent Roach
Publisher: Cambridge University Press
ISBN: 1108417876
Category : Law
Languages : en
Pages : 633
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Book Description
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author: Human Rights Watch
Publisher: Seven Stories Press
ISBN: 1609808851
Category : Political Science
Languages : en
Pages : 957
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Book Description
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
Author: Thomas B. Jabine
Publisher: University of Pennsylvania Press
ISBN: 1512802867
Category : Political Science
Languages : en
Pages : 480
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Book Description
Effective human rights advocacy and research require the use of statistics, carefully collected and objectively analyzed and presented, using the best techniques available. Statistics that lack credibility are of little value. Those that can be defended against critics can be effective in throwing the light on violations and promoting the observance of human rights for all. The contributors to this book, including experts in political science, public health, law, forensic pathology, and statistics, illustrate good statistical practice in the field of human rights and show the importance of collaboration between statisticians and other professionals. The treatment is largely nonmathematical, and the examples provide broad coverage of all features of the collection and use of statistical data on human rights violations. For readers who would like to do their own analyses, an extensive guide to human rights data sources is included. This book is the first to describe and summarize important issues associated with the collection and uses of human rights statistics.
