Описание: Leading authorities in the field of international criminal law address the history of the ICTY and the ICTR. Focusing on how these tribunals have had a positive impact on the development of international criminal law, this volume discusses how their legacy will contribute toward the advancement of this field.
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY).
Using detailed empirical data - in the form of qualitative interviews and observations from five years of fieldwork - to assess and analyze the ICTY's impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms.
Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY).
Using detailed empirical data - in the form of qualitative interviews and observations from five years of fieldwork - to assess and analyze the ICTY's impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms.
Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
Автор: Gerald Gahima Название: Transitional Justice in Rwanda: Accountability for Atrocity ISBN: 0415522781 ISBN-13(EAN): 9780415522786 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author's extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda's institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process.
While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.
Название: Legitimacy of international trade courts and tribunals ISBN: 1108424473 ISBN-13(EAN): 9781108424479 Издательство: Cambridge Academ Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume investigates the legitimacy of international trade courts and tribunals on the basis of their operation and performance. It covers a number of regional adjudicators that are highly under-studied and features visions from both academics and practitioners across several disciplines.
Автор: Hayashi Nobuo Название: Legitimacy of International Criminal Tribunals ISBN: 1316509400 ISBN-13(EAN): 9781316509401 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Today`s international criminal jurisdictions are at a critical juncture - their legitimacy cannot be taken for granted. This multidisciplinary volume investigates the challenge of attaining legitimacy by international criminal courts and tribunals. Expert authors and emerging scholars challenge received wisdom and shed new light on a range of issues.
Автор: Reisman Название: Fraudulent Evidence Before Public International Tribunals ISBN: 1107063396 ISBN-13(EAN): 9781107063396 Издательство: Cambridge Academ Рейтинг: Цена: 10771.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Public international lawyers are often torn between loyalties to the state and to international law. This detailed and contextually sensitive presentation of eight important cases before a variety of international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession`s baffling reaction.
Описание: Never before has a chief prosecutor written about their challenges setting up an international tribunal. The Founders focuses on the four individuals who created the world`s first international tribunals and courts and takes a candid look at how they sought justice for millions of victims.
Автор: Reisman Название: Fraudulent Evidence Before Public International Tribunals ISBN: 1107636523 ISBN-13(EAN): 9781107636521 Издательство: Cambridge Academ Рейтинг: Цена: 5386.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Public international lawyers are often torn between loyalties to the state and to international law. This detailed and contextually sensitive presentation of eight important cases before a variety of international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession`s baffling reaction.
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