International Courts and Mass Atrocity, Ivor Sokoli?
Автор: Rosenberg Название: Reconstructing Atrocity Prevention ISBN: 1107094968 ISBN-13(EAN): 9781107094963 Издательство: Cambridge Academ Рейтинг: Цена: 19800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Mass atrocities are those crimes that result in the worst violence to the most people: genocide, crimes against humanity, war crimes and ethnic cleansing. This book provides a much-needed update to current thinking, arguing the need for a historically informed, locally based and flexible approach to prevention.
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.
Автор: Sokoli? Название: International Courts and Mass Atrocity ISBN: 3319908405 ISBN-13(EAN): 9783319908403 Издательство: Springer Рейтинг: Цена: 11878.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The extra-legal effects of international and domestic war crimes trials continue to puzzle researchers and practitioners. It investigates the social and cultural contexts that transitional justice processes take place in by looking at how emotional everyday narratives can hamper the spread of norms in society.
Автор: Gordon, Gregory S. Название: Atrocity speech law ISBN: 0190612681 ISBN-13(EAN): 9780190612689 Издательство: Oxford Academ Рейтинг: Цена: 12514.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The law governing the relationship between speech and core international crimes -- a key component in atrocity prevention -- is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.
Описание: This book offers a unique and powerful critique of the quest for international criminal justice. It explores the efforts of three successive generations of international prosecutors, recognising the vital roles they play in the enforcement of international criminal law. By critically examining prosecutorial performance during the pre-trial and trial phases, the volume argues that these prosecutors are simultaneously political actors serving in the interests of economic liberalisation. It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs. As the author contends, international prosecutors are thus best understood as agents not only of the law and politics, but also of a war fought by proponents of various utopian projects.
Автор: Jacopo Roberti di Sarsina Название: Transitional Justice and a State`s Response to Mass Atrocity ISBN: 9462652759 ISBN-13(EAN): 9789462652750 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution.Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement.Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials.Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
Автор: Damien Rogers Название: Law, Politics and the Limits of Prosecuting Mass Atrocity ISBN: 3319609939 ISBN-13(EAN): 9783319609935 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: It also posits that international prosecutors help wage a mostly silent and largely unacknowledged politico-cultural war fought for control over the institutions governing modernist international affairs.
Описание: This book examines international criminal law from a normative perspective and lays out how responsible agents, individuals and the collectives they comprise, ought to be held accountable to the world for the commission of atrocity. The author provides criteria for determining the kinds of actions that should be addressed through international criminal law. Additionally, it asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book also examines the function of international criminal law and finally considers how the goals and purposes of international law can best be institutionally supported. This book is of particular interest to a multidisciplinary academic audience in political science, philosophy, and law, however the book is written in clear jargon-free prose that is intended to render the arguments accessible to the non-specialist reader interested in global justice, human rights and international criminal law.
Автор: Killean, Rachel Название: Victims, Atrocity and International Criminal Justice ISBN: 0367895471 ISBN-13(EAN): 9780367895471 Издательство: Taylor&Francis Рейтинг: Цена: 6736.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the role of victims within the Courts of Cambodia. Drawing on a series of interviews with key figures, the book explores the way in which all parties within it are shaped by specific political, economic and legal contexts; notably, whether victims can further their interests within the courtroom.
Mourning Remains examines the attempts to find, recover, and identify the bodies of Peruvians who were disappeared during the 1980s and 1990s counterinsurgency campaign in Peru's central southern Andes. Isaias Rojas-Perez explores the lives and political engagement of elderly Quechua mothers as they attempt to mourn and seek recognition for their kin.
Of the estimated 16,000 Peruvians disappeared during the conflict, only the bodies of 3,202 victims have been located, and only 1,833 identified. The rest remain unknown or unfound, scattered across the country and often shattered beyond recognition. Rojas-Perez examines how, in the face of the state's failure to account for their missing dead, the mothers rearrange senses of community, belonging, authority, and the human to bring the disappeared back into being through everyday practices of mourning and memorialization. Mourning Remains reveals how collective mourning becomes a political escape from the state's project of governing past death and how the dead can help secure the future of the body politic.
Mourning Remains examines the attempts to find, recover, and identify the bodies of Peruvians who were disappeared during the 1980s and 1990s counterinsurgency campaign in Peru's central southern Andes. Isaias Rojas-Perez explores the lives and political engagement of elderly Quechua mothers as they attempt to mourn and seek recognition for their kin.
Of the estimated 16,000 Peruvians disappeared during the conflict, only the bodies of 3,202 victims have been located, and only 1,833 identified. The rest remain unknown or unfound, scattered across the country and often shattered beyond recognition. Rojas-Perez examines how, in the face of the state's failure to account for their missing dead, the mothers rearrange senses of community, belonging, authority, and the human to bring the disappeared back into being through everyday practices of mourning and memorialization. Mourning Remains reveals how collective mourning becomes a political escape from the state's project of governing past death and how the dead can help secure the future of the body politic.
Описание: In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order , Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
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