The Opening Statements of the Prosecution in International Criminal Trials, Stolk, Sofia
Автор: Aboueldahab Noha Название: Transitional Justice and the Prosecution of Political Leader ISBN: 1509936408 ISBN-13(EAN): 9781509936403 Издательство: Bloomsbury Academic Рейтинг: Цена: 4592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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'.
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: Carey Henry F., Mitchell Stacey M. Название: Trials and Tribulations of International Prosecution ISBN: 1498515118 ISBN-13(EAN): 9781498515115 Издательство: Bloomsbury Рейтинг: Цена: 7128.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the political and legal challenges of instating criminal prosecutions by international tribunals since their reestablishment a half century after the international military tribunals at Nuremberg and Tokyo.
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.
Автор: Carey Henry F., Mitchell Stacey M. Название: Trials and Tribulations of International Prosecution ISBN: 0739169408 ISBN-13(EAN): 9780739169407 Издательство: Неизвестно Рейтинг: Цена: 27588.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the political and legal challenges of instating criminal prosecutions by international tribunals since their reestablishment a half century after the international military tribunals at Nuremberg and Tokyo.
Автор: Christopher Soler Название: The Global Prosecution of Core Crimes under International Law ISBN: 9462653372 ISBN-13(EAN): 9789462653375 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Part I. Introduction.- Chapter 1. Methodological framework and research questions.- Chapter 2. Preliminary observations on the systems of enforcement.- Part II. The Characterisation and Prosecution of Core Crimes: Some Underlying Assumptions.- Chapter 3. Multi-level prosecutions of serious crimes of concern to the international community.- Chapter 4. Why do we need to understand the concept of core crimes?.- Chapter 5. What is required to intrude into the sovereignty of a defaulting State in order to investigate and prosecute core crimes?.- Chapter 6. The overarching contextual (juridical) elements.- Chapter 7. The juridical consequences of core crimes: Individual criminal responsibility and State aggravated responsibility.- Chapter 8. Detecting the determining and distinguishing factors.- Part III. The Vertical System of Enforcement.- Chapter 9. The salient features of the vertical system of enforcement.- Chapter 10. The State obligation to cooperate under international law.- Chapter 11. Inherent limitations of the vertical system of enforcement.- Chapter 12. The ensuing 'jurisdictional joint venture', a division of labour par excellence.- Part IV. The Horizontal System of Enforcement.- Chapter 13. Aut dedere aut judicare.- Chapter 14. The reliance of the horizontal system of enforcement on the corpus juris relating to extradition.- Chapter 15. The impact of customary international law and the general principles of law on the horizontal system of enforcement.- Chapter 16. Pitfalls within the horizontal system of enforcement.- Chapter 17. Concurrent State obligations.- Chapter 18. The self-assumption of jurisdiction: An abuse of power or a necessary evil?.- Part V. Conclusion.- Chapter 19. The obligation of States to prevent, prosecute and punish core crimes.- Chapter 20. The development of functional international constitutionalism.- Chapter 21.
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.
1 Introduction.- 2 International Atrocity Crimes Targeting Children and Lacunae in Charging Under International Criminal Law.- 3 Age-Based Persecution Targeting Children.- 4 The Persecution of Children in Connection with Genocide.- 5 The Persecution of Children 'In Connection With' Crimes Against Humanity.- 6 The Persecution of Children 'In Connection With' War Crimes: Selected Exemplars.- 7 Concluding Remarks: The Persecution of Children as a Rome Statute Prosecutable Crime Against Humanity.
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