Описание: The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice.
Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
'Beginning with the striking image of former Egyptian President Hosni Mubarak in the docks in 2011, Aboueldahab analyzes the role of transitional justice processes in relation to the political developments of the Arab Spring. She makes a compelling case for a fundamental rethinking of those approaches to fighting impunity that have become mainstreamed in the international human rights community; this book also challenges assumptions and theories regarding the notion of 'liberalizing' political transitions. Drawing from four country contexts (Egypt, Tunisia, Libya and Yemen) this book demonstrates that human rights goals were undermined because the international community and key national actors ignored the socio-legal histories that shaped the paths and horizons of political change. This book is an important contribution to the study of international criminal law, transitional justice, and the broader field of political transition.' Vasuki Nesiah, Associate Professor of Practice, New York University
'This very timely and perceptive study provides rigorous empirical evaluation of the post-transition prosecution strategies in the Arab region. It demonstrates both the complexity of and contrasts between the cases, but also highlights their divergence from the transitional justice field as it is generally understood. By exploring the broader political shifts and the local political dynamics of prosecutions, Noha Aboueldahab challenges common misconceptions about whose interests prosecutions serve in these contexts. In doing so, she questions the assumptions of transitional justice more broadly.'
Автор: Shawn Marie Boyne Название: The German Prosecution Service ISBN: 364240927X ISBN-13(EAN): 9783642409271 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Notable for its analysis of real-life cases and frank interviews with lawyers, this unique ethnographic study of German prosecutorial decision making shows how efficiency measures such as charge bargaining are undermining the system`s celebrated objectivity.
Автор: Shawn Marie Boyne Название: The German Prosecution Service ISBN: 3662512106 ISBN-13(EAN): 9783662512104 Издательство: Springer Рейтинг: Цена: 15372.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Notable for its analysis of real-life cases and frank interviews with lawyers, this unique ethnographic study of German prosecutorial decision making shows how efficiency measures such as charge bargaining are undermining the system`s celebrated objectivity.
Описание: This pioneering work collects an amazing assemblage of court cases in which animals have been named as defendants--chickens, rats, field mice, bees, gnats, and (in 34 recorded instances) pigs, among others-- providing insight into such modern issues as animal rights, capital punishment, and social and criminal theory. Evans suggests an intriguing distinction between trials of specific animals or particular crimes, such as the "murder" of an infant by a pig, and trials for larger, catastrophic events, such as plagues and infestations. In the latter case, Evans suggests a parallel to witchcraft. Edward Payson Evans 1831-1917], a historian, linguist and associate of Ralph Waldo Emerson, taught at the University of Michigan before moving to Germany, where he became a specialist in Oriental languages and German literature. A prolific author, his other Animal-related books are Animal Symbolism in Art and Literature and Animal Symbolism in Ecclesiastical Architecture, both published in 1887. CONTENTS Introduction 1. Bugs and Beasts before the Law 2. Medi val and Modern Penology Appendix Bibliography Index
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.
Описание: In the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.
Автор: Christopher Soler Название: The Global Prosecution of Core Crimes under International Law ISBN: 9462653348 ISBN-13(EAN): 9789462653344 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions.
The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students.
Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Автор: Tessema Название: Prosecution of Politicide in Ethiopia ISBN: 9462652546 ISBN-13(EAN): 9789462652545 Издательство: Springer Рейтинг: Цена: 16769.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Chapter 1. Prefatory Part.- Chapter 2. Historical Survey of the Derg Regime and the Infamous Red Terror.- Chapter 3. The Ethiopian Legal Framework for the Prosecution of Crimes under International Law.- Chapter 4. The Ethiopian Approach to Reckon with Derg Crimes: The Road to the Creation of the Special Public Prosecutor's Office.- Chapter 5. Criminal Accountability for Derg Crimes: Prosecution of Politicide.- Chapter 6. Stocktaking of the Red Terror Trials: Is it an Approach Worth Emulating?.- Chapter 7. Concluding Remarks.- Appendix.- Table of Cases.- Index.
Описание: This book illuminates how "cultural evidence" ("evidence" regarding ethnicity) is negotiated by attorneys, witnesses, and defendants in criminal trials. Braunmuhl argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure its origin in colonialist and patriarchal discourses, and has been biased against minorities as well as all women from its inception.
Автор: K. Fisher Название: Transitional Justice for Child Soldiers ISBN: 1349440450 ISBN-13(EAN): 9781349440450 Издательство: Springer Рейтинг: Цена: 6986.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines and offers suggestions for how post-conflict practices should conceptualize and address harms committed by child soldiers for successful social reconstruction in the aftermath of mass atrocity. It defends the use of accountability and considers the agency of youth participants in violent conflict as responsible moral entities.
Описание: This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses.
Identity, Reconciliation and Transitional Justice: Overcoming Intractability analyses how the mechanisms of transitional justice have a part to play in promoting reconciliation and sustainable peace in transitional societies: helping social groups deeply divided by past violence to overcome existing antagonisms and to build more positive relationships with one another. Whilst there is an emerging consensus that a causal link does exist between transitional justice, reconciliation, and sustainable peace, to date the actual processes underlying this relationship have been left undertheorized and largely unspecified. This theoretical gap is attributable, at least in part, to the very limited dialogue between transitional justice scholars and the growing number of conflict transformation theorists from the related disciplines of political science, conflict resolution, and social psychology. In particular, recent conflict transformation work highlights the central role that group or 'collective' identities play in the commission and perpetuation of ethnonational violence, and suggests the need to transform these identities and their antagonistic relationships in order to advance societal reconciliation and sustainable peace. Drawing upon an interdisciplinary synthesis of transitional justice and conflict transformation literatures, and addressing the different interventions adopted in the deeply divided societies of South Africa and Northern Ireland, this book outlines an innovative framework that traces the complex linkages between identity, transitional justice, and intergroup reconciliation in deeply divided post-conflict environments. It will be of considerable interest to those working in the area of transitional justice.
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