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Author: Carsten Stahn
Publisher:
ISBN: 0198864183
Category : Law
Languages : en
Pages : 481
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Book Description
This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.
Author: Carsten Stahn
Publisher:
ISBN: 0198864183
Category : Law
Languages : en
Pages : 481
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Book Description
This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.
Author: Oumar Ba
Publisher: Cambridge University Press
ISBN: 1108806082
Category : Law
Languages : en
Pages : 207
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Book Description
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
Author: Kamari Maxine Clarke
Publisher: Duke University Press
ISBN: 1478007389
Category : History
Languages : en
Pages : 220
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Book Description
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
Author: Darryl Robinson
Publisher: Cambridge University Press
ISBN: 1107041619
Category : Law
Languages : en
Pages : 327
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Book Description
The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.
Author: Andreas Buser
Publisher: Springer Nature
ISBN: 3030636399
Category : Law
Languages : en
Pages : 439
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Book Description
The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World’ rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.
Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 019988224X
Category : Law
Languages : en
Pages : 305
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Book Description
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
Author: A. E. Bottoms
Publisher: Willan Pub
ISBN: 9781903240908
Category : Law
Languages : en
Pages : 184
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Book Description
In this book six leading criminologists address the central issues of ideology, crime and criminal justice in a series of essays originally presented at a symposium held in honour of Sir Leon Radzinowicz in Cambridge in March 2001. This book is concerned with the key themes of the history of criminal justice, the history and development of criminological thought, and criminal justice policy. Each of the contributed chapters makes an original and important contribution to the development of the discipline of criminology. This book is valuable reading for anybody interested in the past and present of the discipline of criminology, explored through essays on morality, prisons, policing, criminal justice and penal policy.
Author: Thane Rosenbaum
Publisher: Harper Collins
ISBN: 0062119885
Category : Law
Languages : en
Pages : 357
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Book Description
We are obsessed with watching television shows and feature films about lawyers, reading legal thrillers, and following real-life trials. Yet, at the same time, most of us don't trust lawyers and hold them and the legal system in very low esteem. In The Myth of Moral Justice, law professor and novelist Thane Rosenbaum suggests that this paradox stems from the fact that citizens and the courts are at odds when it comes to their definitions of justice. With a lawyer's expertise and a novelist's sensability, Rosenbaum tackles complicated philosophical questions about our longing for moral justice. He also takes a critical look at what our legal system does to the spirits of those who must come before the law, along with those who practice within it.
Author: Barrie Sander
Publisher:
ISBN: 0198846878
Category : History
Languages : en
Pages : 385
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Book Description
This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
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.
