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Books > Law > International law > International criminal law

Criminal Responsibility for the Crime of Aggression (Hardcover): Patrycja Grzebyk Criminal Responsibility for the Crime of Aggression (Hardcover)
Patrycja Grzebyk
R4,383 Discovery Miles 43 830 Ships in 12 - 17 working days

Since the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court's jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.

Britain's Hidden Role in the Rwandan Genocide - The Cat's Paw (Paperback): Hazel Cameron Britain's Hidden Role in the Rwandan Genocide - The Cat's Paw (Paperback)
Hazel Cameron
R1,517 Discovery Miles 15 170 Ships in 12 - 17 working days

Britain's Hidden Role in the Rwandan Genocide examines the role of the United Kingdom as a global elite bystander to the crime of genocide, and its complicity - in violation of international criminal laws - in the Rwandan genocide of 1994. As prevailing accounts confine themselves to the role and actions of the United States and the United Nations, the full picture of Rwanda's genocide has yet to be revealed. Hazel Cameron demonstrates that it is the unravelling of the criminal role and actions of the British that illuminates a more detailed answer to the question of 'why' the genocide in Rwanda occurred. In this book, she provides a systematic and detailed analysis of the policies of the British Government towards civil unrest in Rwanda throughout the 1990s that culminated in genocide. Utilising documentary evidence obtained as a result of Freedom of Information requests to the Foreign and Commonwealth Office, as well as material obtained through extensive interviews - with British government cabinet members, diplomats, Ambassadors to the United Nations Security Council, prisoners in Rwanda convicted of being leaders and organisers of genocide, and victims and survivors of genocide in Rwanda - she finds that the actions of the British and French governments, both before and during the Rwandan genocide of 1994, were disassociated from human rights norms. It is suggested herein that the decision-making of the Major government during the period of 1990 - 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa, inferring a substantial degree of complicity in genocide by omission. That international politics is a strategic game has evidenced itself in the roles played by both the government of the United Kingdom and France in seeking to maximise their respective political and economic interests out with the existing international criminal constraints during the genocide in Rwanda. A micro study of the actions of the French Operation Turquoise reveals their actions to be clearly definable as complicity in genocide by commission. This account of the legal culpability of the powerful within the corridors of government in both London and Paris evidences that these behaviours cannot be conceptualised under existing notions of state crime and this research serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands and will be of interest to anyone concerned with the misuse of state power.

Transitional Justice and Rule of Law Reconstruction - A Contentious Relationship (Hardcover, New): Padraig McAuliffe Transitional Justice and Rule of Law Reconstruction - A Contentious Relationship (Hardcover, New)
Padraig McAuliffe
R3,364 R2,903 Discovery Miles 29 030 Save R461 (14%) Ships in 12 - 17 working days

This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. 'This is a bold and nuanced scrutiny of the international system's approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.' Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Moral Accountability and International Criminal Law - Holding Agents of Atrocity Accountable to the World (Paperback): Kirsten... Moral Accountability and International Criminal Law - Holding Agents of Atrocity Accountable to the World (Paperback)
Kirsten Fisher
R1,353 Discovery Miles 13 530 Ships in 12 - 17 working days

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.

Legitimacy of Unseen Actors in International Adjudication (Paperback): Freya Baetens Legitimacy of Unseen Actors in International Adjudication (Paperback)
Freya Baetens
R1,139 Discovery Miles 11 390 Ships in 9 - 15 working days

International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.

Transitional Justice in Rwanda - Accountability for Atrocity (Hardcover, New): Gerald Gahima Transitional Justice in Rwanda - Accountability for Atrocity (Hardcover, New)
Gerald Gahima
R3,947 Discovery Miles 39 470 Ships in 12 - 17 working days

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.

Transitional Justice in Rwanda - Accountability for Atrocity (Paperback, New): Gerald Gahima Transitional Justice in Rwanda - Accountability for Atrocity (Paperback, New)
Gerald Gahima
R1,489 Discovery Miles 14 890 Ships in 12 - 17 working days

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.

Propaganda, War Crimes Trials and International Law - From Speakers' Corner to War Crimes (Paperback): Predrag Dojcinovic Propaganda, War Crimes Trials and International Law - From Speakers' Corner to War Crimes (Paperback)
Predrag Dojcinovic
R1,394 Discovery Miles 13 940 Ships in 12 - 17 working days

Propaganda, War Crimes Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials. The role of propaganda in the perpetration of atrocities has emerged as a central theme in the war crimes trials in the past century. The Nuremburg trials initially, and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda currently, have all substantially contributed to the development of international law in this respect. Investigating and exploring the areas between lawful and unlawful propaganda, they have dealt with specific mechanisms and consequences of the phenomenon within the perspective and framework of their international legal mandates. But the cultural codes and argots through which propaganda operates have vexed international courts struggling to assign responsibility to the instigators of mass crimes, as subtle, but potentially fatal, communications often remain undetected, misinterpreted or even dismissed as entirely irrelevant. With contributions from leading international scholars and legal practioners, Propaganda, War Crimes Trials and International Law pursues a comparative approach to this problem: providing an overview of the current state of the theory of propaganda in the social sciences; exploring this theory in the legal analysis of war crimes and related proceedings; and, finally, offering a study of the prosecution of propaganda-related crimes in international law, and the newly emerging jurisprudence of war crimes propaganda cases.

Elements of Genocide (Hardcover): Paul Behrens, Ralph Henham Elements of Genocide (Hardcover)
Paul Behrens, Ralph Henham
R4,217 Discovery Miles 42 170 Ships in 12 - 17 working days

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected g nocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

State Accountability under International Law - Holding States Accountable for a Breach of Jus Cogens Norms (Paperback): Lisa... State Accountability under International Law - Holding States Accountable for a Breach of Jus Cogens Norms (Paperback)
Lisa Yarwood
R1,351 Discovery Miles 13 510 Ships in 12 - 17 working days

This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.

International Criminal Law (Hardcover): William A. Schabas International Criminal Law (Hardcover)
William A. Schabas
R36,594 Discovery Miles 365 940 Ships in 12 - 17 working days

International criminal law and the international courts and tribunals that administer it have witnessed a surge in interest over the past two decades, and it occupies an increasingly prominent position on the legal landscape. This topical research collection, prepared by an eminent authority in international criminal law, successfully brings together a cross-section of the most important literature, providing a unique overview of the discipline. Areas covered in this title include the origins of international law, the general principles, procedure and evidence, alternatives to prosecution as well as national systems. This important publication will be a valuable reference tool for scholars, academics and practitioners in the field of international criminal law.

The Era of Transitional Justice - The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond... The Era of Transitional Justice - The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond (Paperback)
Paul Gready
R1,627 Discovery Miles 16 270 Ships in 12 - 17 working days

The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa's story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.

Propaganda, War Crimes Trials and International Law - From Speakers' Corner to War Crimes (Hardcover): Predrag Dojcinovic Propaganda, War Crimes Trials and International Law - From Speakers' Corner to War Crimes (Hardcover)
Predrag Dojcinovic
R4,372 Discovery Miles 43 720 Ships in 12 - 17 working days

Propaganda, War Crimes Trials and International Law addresses the emerging jurisprudence and international law concerning propaganda in war crimes investigations and trials. The role of propaganda in the perpetration of atrocities has emerged as a central theme in the war crimes trials in the past century. The Nuremburg trials initially, and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda currently, have all substantially contributed to the development of international law in this respect. Investigating and exploring the areas between lawful and unlawful propaganda, they have dealt with specific mechanisms and consequences of the phenomenon within the perspective and framework of their international legal mandates. But the cultural codes and argots through which propaganda operates have vexed international courts struggling to assign responsibility to the instigators of mass crimes, as subtle, but potentially fatal, communications often remain undetected, misinterpreted or even dismissed as entirely irrelevant. With contributions from leading international scholars and legal practioners, Propaganda, War Crimes Trials and International Law pursues a comparative approach to this problem: providing an overview of the current state of the theory of propaganda in the social sciences; exploring this theory in the legal analysis of war crimes and related proceedings; and, finally, offering a study of the prosecution of propaganda-related crimes in international law, and the newly emerging jurisprudence of war crimes propaganda cases.

Moral Accountability and International Criminal Law - Holding Agents of Atrocity Accountable to the World (Hardcover): Kirsten... Moral Accountability and International Criminal Law - Holding Agents of Atrocity Accountable to the World (Hardcover)
Kirsten Fisher
R4,210 Discovery Miles 42 100 Ships in 12 - 17 working days

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.

The International Criminal Court and Nigeria - Implementing the Complementarity Principle of the Rome Statute (Paperback):... The International Criminal Court and Nigeria - Implementing the Complementarity Principle of the Rome Statute (Paperback)
Muyiwa Adigun
R1,244 Discovery Miles 12 440 Ships in 12 - 17 working days

If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of 'unwillingness' or 'inability' on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of 'unwillingness' and 'inability.' The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to 'unwillingness' and 'inability.' The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.

Exploring the Boundaries of International Criminal Justice (Hardcover, New Ed): Ralph Henham Exploring the Boundaries of International Criminal Justice (Hardcover, New Ed)
Ralph Henham; Mark Findlay
R4,221 Discovery Miles 42 210 Ships in 12 - 17 working days

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Self-Defence in International and Criminal Law - The Doctrine of Imminence (Hardcover, New): Onder Bakircioglu Self-Defence in International and Criminal Law - The Doctrine of Imminence (Hardcover, New)
Onder Bakircioglu
R4,219 Discovery Miles 42 190 Ships in 12 - 17 working days

Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. It focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they 'believe' that using 'pre-emptive' lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration's 'war on terror' policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.

State Accountability under International Law - Holding States Accountable for a Breach of Jus Cogens Norms (Hardcover): Lisa... State Accountability under International Law - Holding States Accountable for a Breach of Jus Cogens Norms (Hardcover)
Lisa Yarwood
R4,353 Discovery Miles 43 530 Ships in 12 - 17 working days

This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.

The Era of Transitional Justice - The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond... The Era of Transitional Justice - The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond (Hardcover, New)
Paul Gready
R4,357 Discovery Miles 43 570 Ships in 12 - 17 working days

The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa's story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence - and in particular poverty, inequality and social and criminal violence - as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes - new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere - it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.

Peace Operations and International Criminal Justice - Building Peace after Mass Atrocities (Paperback, New): Majbritt Lyck Peace Operations and International Criminal Justice - Building Peace after Mass Atrocities (Paperback, New)
Majbritt Lyck
R1,076 R922 Discovery Miles 9 220 Save R154 (14%) Ships in 12 - 17 working days

This new volume provides the first thorough examination of the involvement of peace enforcement soldiers in the detention of indicted war criminals. The book firstly addresses why peace enforcement missions need to be involved in detaining indicted war criminals. This discussion includes an analysis of how the securing of justice and transitional justice is incorporated into the UN's approach to peace-building. It also explores IFOR's, SFOR's and KFOR's activities aimed at detaining indicted war criminals, before turning to an analysis of how the detaining of indicted war criminals is incorporated into peace enforcement doctrines, mandates and rules of engagement. The book then outlines the mechanisms that need to be established in order to enable peace enforcers to effectively arrest war criminals in the areas where they are deployed. It concludes with a discussion of the prospects for the involvement of peace enforcement soldiers in the detention of indicted war criminals, and of what lessons future peace enforcement missions can learn from the experience of IFOR, SFOR and KFOR.

Amnesty, Serious Crimes and International Law - Global Perspectives in Theory and Practice (Hardcover): Josepha Close Amnesty, Serious Crimes and International Law - Global Perspectives in Theory and Practice (Hardcover)
Josepha Close
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.

Corruption, Integrity and the Law - Global Regulatory Challenges (Hardcover): Nicholas Ryder, Lorenzo Pasculli Corruption, Integrity and the Law - Global Regulatory Challenges (Hardcover)
Nicholas Ryder, Lorenzo Pasculli
R4,066 Discovery Miles 40 660 Ships in 12 - 17 working days

Globalisation has opened new avenues to corruption. Corrupt practices are proliferating not only within national borders but across different countries. Despite many national and international anti-corruption bodies and strategies, corruption far from being eradicated. There is an urgent global demand for a better understanding of corruption as a phenomenon and a thorough assessment of the existing regulatory remedies, towards the establishment of more effective (and possibly uniform) anti-corruption measures. Our previous collection, Corruption in the Global Era (Routledge, 2019), analysed the causes, the sources, and the forms of manifestation of global corruption. An ideal continuation of that volume, this book moves from the analysis of the phenomenon of corruption to that of the regulatory remedies against corruption and for the promotion of integrity. Corruption, Integrity and the Law provides a unique interdisciplinary assessment of the global anti-corruption legal framework. The collection gathers top experts in different fields of both the academic and the professional world - including criminal law, EU law, international law, competition law, corporate law and ethics. It analyses legal instruments adopted not only at a supranational level but also by different countries, in the attempt of establishing an interdisciplinary and comparative dialogue between theory and practice and between different legal systems towards a better global promotion of integrity. This book will be of value to researchers, academics and students in the fields of law, criminology, sociology, economics, ethics as well as professionals - especially solicitors, barristers, businessmen and public servants.

Disputed Territories and International Criminal Law - Israeli Settlements and the International Criminal Court (Hardcover):... Disputed Territories and International Criminal Law - Israeli Settlements and the International Criminal Court (Hardcover)
Simon Mckenzie
R3,324 Discovery Miles 33 240 Ships in 12 - 17 working days

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

Gender, Transitional Justice and Memorial Arts - Global Perspectives on Commemoration and Mobilization (Paperback): Jelke... Gender, Transitional Justice and Memorial Arts - Global Perspectives on Commemoration and Mobilization (Paperback)
Jelke Boesten, Helen Scanlon
R1,166 Discovery Miles 11 660 Ships in 9 - 15 working days

This book examines the role of post-conflict memorial arts in bringing about gender justice in transitional societies. Art and post-violence memorialisation are currently widely debated. Scholars of human rights and of commemorative arts discuss the aesthetics and politics not only of sites of commemoration, but of literature, poetry, visual arts and increasingly, film and comics. Art, memory and activism are also increasingly intertwined. But within the literature around post-conflict transitional justice and critical human rights studies, there is little questioning about what memorial arts do for gender justice, how women and men are included and represented, and how this intertwines with other questions of identity and representation, such as race and ethnicity. The book brings together research from scholars around the world who are interested in the gendered dimensions of memory-making in transitional societies. Addressing a global range of cases, including genocide, authoritarianism, civil war, electoral violence and apartheid, they consider not only the gendered commemoration of past violence, but also the possibility of producing counter-narratives that unsettle and challenge established stereotypes. Aimed at those interested in the fields of transitional justice, memory studies, post-conflict peacebuilding, human rights and gender studies, this book will appeal to academics, researchers and practitioners.

The International Criminal Court and National Jurisdictions (Hardcover, New Ed): Mauro Politi The International Criminal Court and National Jurisdictions (Hardcover, New Ed)
Mauro Politi; Federica Gioia
R4,206 Discovery Miles 42 060 Ships in 12 - 17 working days

At a stage in its development when the workings of the International Criminal Court may be assessed, this timely volume provides valuable insights into its activities and, in particular, its interaction with national jurisdictions and international organizations. The contributors discuss a broad range of topics and present a 'first assessment' of complementarity. They address the issues at the heart of the substantive and procedural law of the Court and examine aspects relating to national implementation and international cooperation. These proceedings are the latest addition to the Trento Conference series, bringing together a wide range of leading scholars, diplomats and representatives of international organizations. As such, they provide an important contribution to the ongoing debate surrounding International Criminal Law and the International Criminal Court in particular. This thought-provoking study will be of value to researchers and policy makers alike.

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